Terms and Conditions

Article 9 – Obligations of the entrepreneur upon withdrawal

1. If the entrepreneur makes it possible for the consumer to submit a notice of withdrawal electronically, they shall send a confirmation of receipt immediately after receiving this notice.
2. The trader shall reimburse all payments made by the consumer, including any delivery charges charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may defer reimbursement until he has received the product back or until the consumer has demonstrated that he has sent back the product, whichever of these moments occurs first. 
3. The entrepreneur uses the same means of payment for reimbursement as the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the trader does not have 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 good time before the conclusion of the agreement:

1. Products or services whose price depends on fluctuations in the financial market which the trader has no influence over and which may occur within the withdrawal period
2. Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is present in person or is given the opportunity to be present in person at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services.;
3. Service agreements, after full performance of the service, but only if:

1. the performance has begun with the express prior consent of the consumer; and
2. the consumer has stated that they will lose their right of withdrawal as soon as the trader has fully performed the contract;

1. Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
2. Service agreements for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, goods transport, car rental services and catering;
3. Agreements relating to leisure activities, if a specific date or period of performance is provided for in the agreement;
4. Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;
5. Products that spoil quickly or have a limited shelf life;
6. Sealed products which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery;
7. Goods which after delivery are, by their nature, inseparably mixed with other goods;
8. Alcoholic beverages for which the price is agreed upon at the conclusion of the contract, but which can only be delivered after 30 days, and whose actual value depends on market fluctuations over which the trader has no influence;
9. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
10. Newspapers, periodicals or magazines, with the exception of subscriptions to these;
11. The supply of digital content otherwise than on a tangible medium, but only where:

1. the performance has begun with the express prior consent of the consumer; and
2. the consumer has declared that they are hereby waiving their right of withdrawal.

Article 11 – The Price

1. During the validity period specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, a trader may offer products or services whose prices are linked to fluctuations in the financial market, over which the trader has no influence, at variable prices. This link to fluctuations, and the fact that any prices stated are indicative prices, shall be mentioned when the offer is made. 
3. Price increases within 3 months of the agreement being concluded are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the agreement is concluded are only permitted if the entrepreneur has stipulated this and: 

1. This may be due to statutory regulations or provisions; or
2. the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.

1. The prices mentioned in the offer of products or services are inclusive of VAT.

Article 12 – Performance of agreement and additional warranty 

1. The entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or governmental regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also warrants that the product is suitable for use other than normal use.
2. An additional guarantee provided by the entrepreneur, their supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has failed to fulfil their part of the agreement.
3. Additional guarantee means any undertaking by the trader, their supplier, importer or manufacturer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in the event of a failure to fulfil their part of the agreement.

Article 13 – Delivery and performance

1. The entrepreneur shall exercise the utmost care in receiving and executing product orders and in assessing service requests.
2. The place of delivery shall be the address notified to the seller by the consumer.
3. Notwithstanding the provisions of Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due diligence, but no later than within 30 days, unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall be informed of this no later than 30 days after placing the order. In that case, the consumer shall have the right to dissolve the agreement free of charge and shall be entitled to any compensation for damages.
4. Following dissolution in accordance with the previous paragraph, the trader shall reimburse the amount paid by the consumer without undue delay.
5. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a pre-designated representative, known to the trader, unless expressly agreed otherwise.

Article 14 – Perpetual transactions: duration, termination and renewal

Resignation

1. The consumer may terminate an agreement entered into for an indefinite period that involves the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
2. A consumer may terminate an agreement concluded for a definite period that provides for the regular delivery of products (including electricity) or services, at any time before the end of the definite term, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer can the agreements mentioned in the previous paragraphs:

• to terminate at any time and not be restricted to termination at a particular time or during a particular period;
• at least terminate on the same grounds as they were entered into by him;
• always cancel with the same notice period as the entrepreneur has stipulated for themselves.

Extension

1. An agreement entered into for a fixed period, which is intended for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed period.
2. 1. In derogation from the previous paragraph, an agreement concluded for a definite period and intended for the regular delivery of daily, news and weekly papers and magazines may be tacitly extended for a period of up to three months, provided that the consumer can cancel this extended agreement at the end of the extension with a notice period of no more than one month.
3. An agreement entered into for a fixed term, which provides for the regular delivery of products or services, may only be tacitly renewed for an indefinite period if the consumer may terminate the agreement at any time with a notice period of no more than one month. The notice period is a maximum of three months in the case of an agreement for the regular delivery of daily, news, and weekly papers and magazines, but less than once a month.
4. An agreement with a limited duration for the regular, introductory delivery of daily, news, and weekly papers and magazines (trial or introductory subscription) will not be tacitly extended and will automatically end upon expiry of the trial or introductory period.

Duration

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year, with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

1. Unless otherwise stipulated in the agreement or supplementary terms, amounts owed by the consumer must be paid within 14 days of the commencement of the cooling-off period, or, in the absence of a cooling-off period, within 14 days of the conclusion of the agreement. In the case of an agreement for the provision of a service, this period shall commence on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged to pay in advance in general terms and conditions for more than 50%. If advance payment has been agreed, the consumer cannot assert any rights regarding the performance of the relevant order or service(s) until the agreed advance payment has been made.
3. The consumer has a duty to immediately report any inaccuracies in payment details provided or stated to the trader.
4. If the consumer fails to meet their payment obligation(s) on time, they will owe statutory interest on the outstanding amount after being reminded by the trader of the late payment and being given a further period of 14 days by the trader, commencing the day after receipt of the reminder, to meet their payment obligations and failing to pay within this 14-day period, and the trader will be entitled to charge the out-of-court collection costs incurred by them. These collection costs will be a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the following € 5,000, with a minimum of € 40. The trader may deviate from the aforementioned amounts and percentages to the benefit of the consumer.

Article 16 – Complaints Procedure

1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints concerning the performance of the agreement must be submitted to the trader within a reasonable time after the consumer has discovered the defects, and they must be described fully and clearly.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
4. A complaint about a product, service, or the entrepreneur's service can also be submitted via a complaint form on the consumer pages of the Thuiswinkel.org website. www.thuiswinkel.org. The complaint will then be sent to both the retailer in question and Thuiswinkel.org.
5. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. If the entrepreneur directs its activities at the country in which the consumer resides, the consumer may also always invoke the mandatory consumer law of that country.
2. Disputes between the consumer and the trader regarding the formation or performance of agreements relating to products and services to be supplied or supplied by this trader, may, subject to the provisions below, be submitted by both the consumer and the trader to the Disputes Committee Thuiswinkel, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
3. A dispute will only be considered by the Disputes Committee if the consumer has first submitted their complaint to the trader within a reasonable time.
4. If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Committee no later than 12 months after the date on which the consumer lodged the complaint with the trader.
5. When the consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by this choice. The consumer should preferably inform the trader of this first.
6. When the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must, within five weeks of a written request to that effect by the entrepreneur, state in writing whether they also wish this or prefer the dispute to be handled by the competent court. If the entrepreneur does not receive the consumer's choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
7. The Disputes Committee delivers its ruling under the conditions as laid down in the regulations of the Disputes Committee.www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkelThe decisions of the Disputes Committee are made by way of binding advice.
8. The Disputes Committee shall not handle or shall cease to handle a dispute if the undertaking has been granted a moratorium on payments, has been declared bankrupt, or has effectively ceased its business activities, before a dispute has been heard by the committee at a hearing and a final ruling has been made.
9. If another recognised dispute committee affiliated with the Dutch Disputes Committee Foundation (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Thuiswinkel Disputes Committee shall be preferentially competent for disputes relating mainly to the method of remote sales or service provision. For all other disputes, the other recognised dispute committee affiliated with SGC or Kifid shall be competent.

Article 18 – Industry Guarantee

1. Thuiswinkel.org guarantees that its members will comply with the binding advice of the Thuiswinkel Disputes Committee, 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 and absolute. Thuiswinkel.org will pay the consumer up to a maximum amount of €10,000 per binding advice. For amounts exceeding €10,000 per binding advice, €10,000 will be paid. For the remainder, Thuiswinkel.org has an obligation to use its best endeavours to ensure that the member complies with the binding advice.
2. For this guarantee to apply, the consumer is required to make a written claim to Thuiswinkel.org and to transfer their claim against the entrepreneur to Thuiswinkel.org. If the claim against the entrepreneur exceeds €10,000, the consumer will be offered to transfer their claim to Thuiswinkel.org insofar as it exceeds the amount of €10,000, after which this organisation will seek payment thereof in court in its own name and at its own expense for the benefit of the consumer.

Article 19 – Additional or deviating provisions

Additional provisions, or provisions that deviate 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 data carrier.

Article 20 – Amendment of the Thuiswinkel General Terms and Conditions

1. Changes to these terms and conditions shall only take effect once they have been published in the appropriate manner, with the understanding that for applicable changes during the term of an offer, the provision most favourable to the consumer shall prevail.

Thuiswinkel.org

www.thuiswinkel.org

Horaplantsoen 20, 6717 LT Ede

Postbus 7001, 6710 CB Ede