General Terms and Conditions of Stichting Webshop Keurmerk
General Terms and Conditions of Stichting Webshop Keurmerk
These General Terms and Conditions of Stichting Webshop Keurmerk have been drawn up in consultation with the Consumentenbond (Consumers’ Association) within the framework of the Coordination Group for Self-Regulation Consultation (CZ) of the Social and Economic Council and will come into effect on 1 June 2014.
These General Terms and Conditions will be used by all members of Stichting Webshop Keurmerk, with the exception of financial services as referred to in the Financial Supervision Act and to the extent that these services are supervised by the Authority for Financial Markets.
Table of Contents:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance and additional warranty
Article 13 – Delivery and execution
Article 14 – Long-term transactions: duration, termination, and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Industry guarantee
Article 19 – Additional or deviating provisions
Article 20 – Amendment of the general terms and conditions of Stichting Webshop Keurmerk
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to their trade, business, craft, or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Continuing performance contract: an agreement which relates to the regular delivery of goods, services, and/or digital content over a certain period;
Durable medium: any tool – including email – that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future access or use for a period tailored to the purpose for which the information is intended, and which allows the unchanged reproduction of the stored information;
Right of withdrawal: the consumer’s ability to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products, (access to) digital content, and/or services to consumers at a distance;
Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content, and/or services, where, up to and including the conclusion of the contract, only or also one or more techniques for distance communication are used;
Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions;
Technique for distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same space;
Article 2 – Identity of the entrepreneur
Name of entrepreneur
Auror Scalar Technology B.V.
Registered address: Provincialeweg 75, Veldhoven
Visiting address: same as above
Telephone number and times at which the entrepreneur can be reached by telephone:
Tel. 040-2521107. Available on Tuesdays and Saturdays from 9:00 to 17:00
We are available via email every day: Aurorscalartechnology@kpnmail.nl
Chamber of Commerce (KvK) number: 59520922
VAT number: NL85354834B01
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions can be inspected by the consumer and that they will be sent to the consumer free of charge upon request as soon as possible.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge upon request electronically or in another way.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting conditions, the consumer may always rely on the provision that is most favorable to them.
Article 4 – The Offer
If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products, services, and/or digital content. Obvious errors or mistakes in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 – The Agreement
The agreement, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will provide a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for that purpose.
Within the framework of the law, the entrepreneur can inform himself – or have someone else inform him – whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to its execution.
At the latest upon delivery of the product, service, or digital content to the consumer, the entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the visiting address of the entrepreneur’s establishment where the consumer can address complaints;
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the price including all taxes of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or execution of the distance agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuing performance contract, the provision in the preceding paragraph applies only to the first delivery.
Article 6 – Right of Withdrawal
For Products:
The consumer has the right to dissolve a contract regarding the purchase of a product within a cooling-off period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot compel them to state their reason(s).
The cooling-off period mentioned in paragraph 1 commences on the day after the consumer, or a pre-designated third party who is not the carrier, receives the product, or:
if the consumer has ordered multiple products in the same order: the day on which the consumer, or a pre-designated third party, receives the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided that he has informed the consumer of this clearly before the ordering process.
if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a pre-designated third party, receives the last shipment or part;
for contracts for regular delivery of products during a specified period: the day on which the consumer, or a pre-designated third party, receives the first product.
For Services and Digital Content not provided on a tangible medium:
The consumer has the right to dissolve a service contract and a contract for the supply of digital content not provided on a tangible medium within a cooling-off period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot compel them to state their reason(s).
The cooling-off period mentioned in paragraph 3 commences on the day following the conclusion of the agreement.
Extended Cooling-off Period for Products, Services, and Digital Content not provided on a tangible medium in case of non-disclosure of right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information regarding the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period established in accordance with the preceding paragraphs of this article.
If the entrepreneur has provided the information referred to in the preceding paragraph to the consumer within twelve months from the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer receives that information.
Article 7 – Obligations of the Consumer during the Cooling-off Period
During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess the nature, characteristics, and functioning of the product. The guiding principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is only liable for the decrease in value of the product resulting from a way of handling the product beyond what is permitted in paragraph 1.
The consumer is not liable for the decrease in value of the product if the entrepreneur has not provided him with all legally required information regarding the right of withdrawal before or at the conclusion of the agreement.
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs
If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.
The consumer shall return the product as soon as possible, but no later than 14 days after the day following the notification referred to in paragraph 1, or he hands it over to the entrepreneur (or an authorized representative). This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any case if he returns the product before the cooling-off period has expired.
The consumer shall return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs, or if the entrepreneur indicates that he will bear these costs himself, the consumer does not have to bear the costs of returning.
If the consumer withdraws after having expressly requested that the service be provided or the supply of gas, water, or electricity not made ready for sale in a limited volume or quantity start during the cooling-off period, the consumer owes the entrepreneur an amount proportional to that part of the commitment that the entrepreneur has fulfilled at the time of withdrawal, compared to full compliance with the commitment.
The consumer does not bear any costs for the performance of services or the supply of water, gas, or electricity that has not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal, or the model withdrawal form; or
the consumer has not expressly requested the start of the performance of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.
The consumer does not bear any costs for the full or partial supply of non-tangible digital content, if:
he has not expressly agreed to the commencement of the performance of the agreement before the end of the cooling-off period;
he has not acknowledged losing his right of withdrawal upon giving his consent; or
the entrepreneur has failed to confirm this declaration by the consumer. If the consumer exercises his right of withdrawal, all additional agreements are automatically dissolved.
Article 9 – Obligations of the Entrepreneur in Case of Withdrawal
If the entrepreneur allows the consumer to make the withdrawal notification electronically, he shall send an acknowledgment of receipt immediately upon receiving this notification.
The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay and no later than 14 days from the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
The entrepreneur shall use the same means of payment for the refund as the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obliged to refund the additional costs for the more expensive method.
Article 10 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the contract:
Products or services whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period.
Agreements concluded during a public auction. A public auction refers to a sales method where products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be present at the auction, conducted by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services.
Service contracts, after full performance of the service, but only if:
The execution started with the consumer’s express prior consent; and
The consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the contract.
Service contracts for accommodation, if a specific date or period of performance is provided for in the contract and other than for residential purposes, goods transport, car rental services, and catering.
Agreements relating to leisure activities, if a specific date or period of performance is provided for in the contract.
Custom-made products according to the consumer’s specifications, which are not prefabricated and which are manufactured based on the consumer’s individual choice or decision, or which are clearly intended for a specific person.
Products that are liable to deteriorate or expire rapidly.
Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery.
Products that are irrevocably mixed with other products after delivery by their nature.
Alcoholic beverages whose price has been agreed upon at the time of the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence.
Sealed audio or video recordings and computer software, where the seal has been broken after delivery.
Newspapers, journals, or magazines, with the exception of subscriptions to these.
The delivery of digital content other than on a tangible medium, but only if:
The execution started with the consumer’s express prior consent; and
The consumer has declared that they lose their right of withdrawal.
Article 11 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the preceding paragraph, the entrepreneur may offer products or services with variable prices if these prices are subject to fluctuations in the financial market and the entrepreneur has no influence over them. These fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
These are the result of legal regulations or provisions; or
The consumer has the right to terminate the contract from the day the price increase takes effect.
The prices stated in the offer of products or services include VAT.
Article 12 – Performance of the Contract and Additional Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
An additional warranty provided by the entrepreneur, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the contract if the entrepreneur has failed to fulfill its part of the agreement.
An additional warranty means any commitment by the entrepreneur, its supplier, importer, or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event it has failed to fulfill its part of the agreement.
Article 13 – Delivery and Performance
The entrepreneur will exercise the greatest possible care when receiving orders for products and when assessing requests for the provision of services.
The address provided by the consumer to the entrepreneur will be considered the place of delivery.
Subject to what is stated about this in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at least within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated and made known representative to the entrepreneur, unless expressly agreed otherwise.
Article 14 – Duration Transactions: Duration, Termination, and Renewal
Termination:
The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of up to one month.
The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period, subject to the agreed termination rules and a notice period of up to one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
at any time and is not limited to termination at a specific time or during a specific period;
at least terminate in the same manner as they were concluded;
always terminate with the same notice period as the entrepreneur has stipulated for themselves.
Renewal:
An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a definite period.
Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of day, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of up to one month.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period of up to one month. The notice period is a maximum of three months in the event the agreement extends to the regular, but less than once a month, delivery of day, news, and weekly newspapers and magazines.
An agreement with a duration of more than one year may be terminated by the consumer after one year at any time with a notice period of up to one month, unless the reasonableness and fairness preclude termination before the end of the agreed term.
Article 15 – Payment
Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer receives confirmation of the agreement.
In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to pay in advance more than 50%. If advance payment is agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
If the consumer does not fulfill his payment obligation(s) in a timely manner, he is in default after the entrepreneur has informed him of the late payment and the entrepreneur has given the consumer a period of 14 days to fulfill his payment obligations, and payment has not been made within this 14-day period, the statutory interest is due on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500,=; 10% on the next € 2,500,= and 5% on the next € 5,000,= with a minimum of € 40,=. The entrepreneur may deviate from these amounts and percentages to the benefit of the consumer.
Article 16 – Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
A complaint about a product, service, or the service of the entrepreneur can also be submitted via a complaint form on the consumer page of the website of the Webshop Keurmerk Foundation (http://keurmerk.info/Home/MisbruikOfKlacht). The complaint will then be sent to both the entrepreneur and the Webshop Keurmerk Foundation.
If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 months of the complaint being lodged, a dispute arises that is susceptible to the dispute settlement procedure.
Article 17 – Disputes
Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Disputes between the consumer and the entrepreneur regarding the conclusion or performance of agreements relating to products and services to be supplied or supplied by this entrepreneur can be submitted by both the consumer and the entrepreneur to the Webshop Disputes Committee, PO Box 90600, 2509 LP The Hague (sgc.nl).
A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted the complaint to the entrepreneur within a reasonable period of time.
The dispute must be submitted to the Disputes Committee in writing no later than three months after it has arisen.
If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer must express his choice in writing within five weeks of a written request to that effect from the entrepreneur, whether he also wishes to do so or whether he wishes to have the dispute settled by the competent court. If the entrepreneur does not receive the consumer’s choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
The Disputes Committee issues decisions under the conditions as determined in its regulations (http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop). The decisions of the Disputes Committee are made by way of binding advice.
The Disputes Committee will not handle a dispute or will discontinue the handling thereof if the entrepreneur has been granted a moratorium on payment, has been declared bankrupt, or has actually terminated its business activities before a dispute has been dealt with by the committee and a final decision has been rendered.
If, in addition to the Webshop Disputes Committee, another recognized or affiliated disputes committee of the Foundation for Consumer Complaints Boards (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Webshop Keurmerk Foundation’s Disputes Committee is preferably competent for disputes concerning mainly the method of sale or distance service provision. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid is competent.
Article 18 – Industry Guarantee
The Webshop Keurmerk Foundation guarantees compliance with the binding advice of the Webshop Keurmerk Foundation’s Disputes Committee by its members, unless the member decides to submit the binding advice to the court for review within two months of its dispatch. This guarantee is revived if the binding advice is upheld after review by the court and the judgment confirming this has become final. Up to a maximum of €10,000 per binding advice, this amount will be paid by the Webshop Keurmerk Foundation to the consumer. For amounts greater than €10,000 per binding advice, €10,000 will be paid. For the remainder, the Webshop Keurmerk Foundation is obliged to make every effort to ensure that the member complies with the binding advice.
For the application of this guarantee, it is required that the consumer makes a written appeal to the Webshop Keurmerk Foundation and that he assigns his claim against the entrepreneur to the Webshop Keurmerk Foundation. If the consumer’s claim against the entrepreneur exceeds €10,000, the consumer will be offered the choice between making the claim available to the Webshop Keurmerk Foundation and recovering the remaining amount in excess of €10,000 in court on the basis of the Webshop Keurmerk Foundation’s transfer of the claim.
Article 19 – Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.
Article 20 – Amendment of the General Terms and Conditions of Stichting Webshop Keurmerk
Stichting Webshop Keurmerk will not amend these general terms and conditions except in consultation with the Consumentenbond (Consumers’ Association).
Changes to these terms and conditions shall only be effective after they have been published in an appropriate manner, provided that in the case of applicable changes during the duration of an offer, the provision most favorable to the consumer shall prevail.
Address of Stichting Webshop Keurmerk:
Willemsparkweg 193, 1071 HA Amsterdam