General terms and conditions
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These General Terms and Conditions of Stichting Webshop Keurmerk were drawn up in consultation with the Consumers' Association within the framework of the Self-Regulation Co-ordination Group (CZ) of the Social and Economic Council and came into force on 1 June 2014.
These General Terms and Conditions shall be used by all members of Stichting Webshop Keurmerk with the exception of financial services as referred to in the Financial Supervision Act (Wet Financieel Toezicht) and in so far as these services are supervised by the Netherlands Authority for the Financial Markets (Autoriteit Financiële Markten).
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Articele 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur at 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 - Duration transactions: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints
Article 17 - Disputes
Article 18 - Additional or different provisions
Article 19 - Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk
Article 1 - Definitions
In these Terms and Conditions the following terms shall have the following meanings
1. Supplementary contract: a contract in which the consumer acquires products, digital content and/or services in relation to a distance contract and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;
2. Grace period: The period within which the consumer can make use of his right of withdrawal;
3. 3. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession
4. Day: calendar day;
5. Digital content: data that are produced and supplied in digital form;
6. Contract for an indefinite period of time: a contract that provides for the regular delivery of goods, services and/or digital content for a specific period of time;
7. Durable medium: every tool - including e-mail - which enables the consumer or entrepreneur to store information which is addressed to him personally, in a way which makes future consultation or use possible for a period of time which is geared to the purpose for which the information is intended, and which enables the unaltered reproduction of the stored information;
8. Right of withdrawal: the option of the consumer to waive the distance contract within the cooling-off period; 9. Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and who offers products, (access to) digital content and/or services to consumers from a distance
10. Distance contract: an agreement concluded between the Entrepreneur and the Consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby, up to and including the moment at which the agreement is concluded, sole or joint use is made of one or more techniques for distance communication
11. Model form for withdrawal: the European model form for withdrawal included in Annex I to these Terms and Conditions;
12. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time;
Article 2 - Identity of the trader
The Master Sharpeners
Kinkerstraat 271
1053ES Amsterdam
Telephone: 020-6122824
Email: info@meesterslijpers.nl
VAT: NL 8154.20.043.B01
KVK: 33155061
Opening hours and telephone accessibility
Monday: 11 a.m. to 6 p.m.
Tuesday: 09:00 to 18:00
Wednesday: 09:00 to 18:00
Thursday: 09:00 to 18:00
Friday: 09:00 to 18:00
Saturday: 09:00 to 17:00
Article 3 - Applicability
1. These general conditions apply to all offers of the entrepreneur and any agreement reached at a distance between the entrepreneur and consumers.
2. Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before concluding the distance contract, the Entrepreneur shall indicate in what way the General Terms and Conditions can be inspected at the Entrepreneur's premises and that, at the Consumer's request, they will be sent to the Consumer free of charge as soon as possible.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
4. In case in addition to these general conditions also specific product or service conditions apply, the second and third paragraph shall apply mutatis mutandis and the consumer in case of conflicting conditions always rely on the applicable provision that is most favorable to him.
Article 4 - The offer
1. If an offer has a limited duration or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the products, services and / or digital content offered. Obvious mistakes or errors in the offer will not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 - The agreement
1. The contract is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereof are fulfilled.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transmission of data and he will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures.
4. The trader may, within the limits of the law, gather information about the consumer's ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or request while giving reasons, or to attach special conditions to the implementation.
5. No later than at the time of delivery of the product, service or digital content, the entrepreneur will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium: a. the visiting address of the establishment of the entrepreneur where the consumer can
contractor to which the consumer can turn with complaints;
b. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
c. the information on guarantees and existing after-sales service;
d. the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract
e. the requirements for cancelling the contract if the contract has a duration of more than one year or is indefinite
f. if the consumer has a right of withdrawal, the model form for withdrawal.
6. In case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
In case of products:
1. The consumer may contract to purchase a product during a cooling off period of at least 30 days without giving any reason to dissolve. The entrepreneur may ask the consumer about the reason for withdrawal, but he cannot oblige the consumer to give his reason(s).
2. The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, and who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with a different delivery time.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
c. in case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content not supplied on a tangible medium:
3. The consumer can terminate a service contract and a contract for the supply of digital content not supplied on a tangible medium during at least 30 days without giving any reason. The trader may ask the consumer for the reason for his withdrawal, but may not oblige him to give his reason(s).
4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract.
Extended cooling off period for products, services and digital content which are not supplied on a tangible medium in the event that the consumer is not informed about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period will expire 30 days after the day the consumer received this information.
Article 7 - Obligations of the consumer during the reflection period
1. During the reflection period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, features and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for decrease in value of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1.
3. The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the contract.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer makes use of his right of withdrawal, he shall notify the trader of this within the withdrawal period by means of the model withdrawal form or in any other unequivocal manner.
2. As soon as possible, but within 30 days from the day following the notification referred to in paragraph 1, the consumer sends back the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has in any case complied with the return period if he returns the product before the period has expired.
3. The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof of the correct and timely exercise of the right of withdrawal shall lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer should bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs of return shipment.
6. If the consumer withdraws after first explicitly requesting that the performance of the service or the supply of gas, water or electricity, which are not made ready to sell in a limited volume or set quantity, shall commence during the withdrawal period, the consumer shall owe the entrepreneur an amount which is in proportion to that part of the commitment fulfilled by the entrepreneur at the time of withdrawal compared to the full extent of the commitment.
7. The consumer does not bear any costs for the complete or partial delivery of digital content not supplied on a tangible medium if:
a. he has not expressly consented to the commencement of performance of the contract before the end of the cooling-off period prior to its delivery;
b. he has not acknowledged losing his right of withdrawal when giving his consent; or
c. the trader has failed to confirm this declaration by the consumer.
8. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in case of withdrawal
1. If the trader makes it possible for the consumer to notify his withdrawal electronically, he shall send an acknowledgement of receipt of this notification without delay.
2. The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 30 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait to repay the product until he has received it or until the consumer can demonstrate that he has returned it, whichever comes first.
3. The trader will use the same means of payment as the consumer has used for repayment, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur will not be required to refund the additional costs for the more expensive method.
Article 10 - Exclusion of right of withdrawal
The trader can exclude the following products and services from the right of withdrawal, but only if the trader indicated this clearly when making the offer, or at least in good time prior to conclusion of the contract:
1. Products or services of which the price is linked to fluctuations on the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period
2. Contracts concluded at a public auction. A public auction is a method of sale where products, digital content and/or services are offered by the operator to the consumer who is present in person or has the possibility to be present in person at the auction, led by an auctioneer and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full performance of the service, but only if:
a. the execution has started with the express prior consent of the consumer; and
b. the consumer has declared that he loses his right of withdrawal when the entrepreneur has completely executed the contract;
4. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and catering;
5. Agreements relating to leisure activities, if the agreement provides for a certain date or period of execution;
6. Products made to the consumer's specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
7. Products which spoil quickly or have a limited shelf life;
8. Sealed products which are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
9. Products that after delivery by their nature are irrevocably mixed with other products;
10. Alcoholic beverages, the price of which has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market over which the entrepreneur has no influence;
11. Sealed audio-, video-recordings and computer software, of which the seal has been broken after delivery;
12. Newspapers, magazines or journals, with the exception of subscriptions to these;
13. The delivery of digital content other than on a tangible medium, but only if:
a. the execution has started with the explicit prior consent of the consumer; and
b. the consumer has declared that he thereby loses his right of withdrawal.
Article 11 - The price
1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the trader's control, at variable prices. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
a. they are the result of statutory regulations or stipulations; or
b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
Article 12 - Fulfilment of contract and additional guarantee
1. The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer, on the basis of the agreement, can assert against the entrepreneur if the entrepreneur has failed to fulfill his part of the agreement.
3. By additional guarantee is meant any commitment from the trader, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what the latter is legally obliged to do if he has failed to fulfil his part of the contract.
Article 13 - Delivery and execution
1. The entrepreneur will take the greatest possible care in receiving and implementing orders of products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. Subject to what is stated in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders expeditiously but not later than within 30 days, unless a different delivery period was agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than 30 days after the order was placed. The consumer in this case the right to terminate the contract without penalty and entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the consumer with the amount paid without delay.
5. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and notified to the entrepreneur representative, unless otherwise expressly agreed.
Article 14 - Duration Transactions: duration, termination and renewal
Termination:
1. The consumer may contract for indefinite and that extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice not exceeding one month.
2. The consumer has a right at all times to terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month. 3. The consumer can terminate the agreements mentioned in the previous paragraphs:
◦ terminate them at all times and not be limited to termination at a specific time or in a specific period; ◦ at least terminate them in the same manner as they were concluded by him; ◦ always terminate them with the same period of notice as the entrepreneur has stipulated for himself.
Renewal:
4. A fixed-term contract that has been concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
5. Notwithstanding the preceding paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be tacitly renewed for a maximum period of three months, if the consumer is able to terminate the renewed contract towards the end of the renewal period, with a period of notice that does not exceed one month.
6. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month. The notice period is up to three months if the contract is about the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. A contract with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically at the end of the trial or introductory period.
Duration:
8. If a contract lasts more than one year, after one year of the agreement the consumer may at any time terminate with a notice of up to one month, unless the reasonableness and fairness resisting the termination before the end of the agreed term.
Article 15 - Payment
1. Insofar not otherwise specified in the contract or additional conditions, the amounts payable by the consumer should be paid within 30 days after the start of the reflection period, or in the absence of a reflection period within 30 days after the conclusion of the contract. In case of an agreement for the provision of a service, this period starts on the day after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. Where advance payment is stipulated, the consumer may not assert any rights regarding the implementation of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has the duty to inaccuracies in data supplied or specified payment to report immediately to the operator.
4. If the consumer does not timely payment (s), he is, after being reminded by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 30 days to still meet his payment obligations, after the failure to pay within this 14-day period, the statutory interest on the amount due and the entrepreneur has the right to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% over amounts owing up to € 2500; 10% over the next € 2500; and 5% over the next € 5000, with a minimum of € 40. The proprietor can deviate from the amounts and percentages referred to in the previous paragraph in favour of the consumer.
Article 16 - Complaints procedure
1. The entrepreneur has a sufficiently publicised complaints procedure and deals with the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has found the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer time to process, the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
4. A complaint about a product, a service or the Entrepreneur's service can also be submitted via a complaints form on the consumer page of the website of Stichting Webshop Keurmerk (https://www.keurmerk.info/nl/consumenten/klacht/). The complaint will then be sent both to the Entrepreneur in question and to Stichting Webshop Keurmerk.
5. Webshop Keurmerk will not handle a dispute or cease to handle a dispute if the Entrepreneur has been granted a suspension of payment, he has gone bankrupt or has actually ceased trading or if the Webshop has been suspended or expelled by Webshop Keurmerk.
6. A dispute will only be taken into consideration by Webshop Keurmerk if the consumer has submitted his complaint to the entrepreneur within reasonable time.
7. Within twelve months after the dispute arose, the dispute must be submitted in writing to Webshop Keurmerk.
8. It is also possible to submit complaints via the European ODR platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage).
Article 17 - Disputes
1. All agreements between the trader and the consumer to which these general terms and conditions apply are subject exclusively to Dutch law. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.
Article 18 - Additional or different provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be to the consumer's detriment and should be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.
Article 19 - Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk
1. When Stichting Webshop Keurmerk will make an amendment we will inform the Entrepreneur by means of the newsletter and will place the latest Terms and Conditions at our website (https://www.keurmerk.info/nl/algemene-voorwaarden/)
2. Amendments to these Terms and Conditions are valid only after they have been published in the appropriate way, on the understanding that, in the event of applicable amendments during the term of an offer, the provision that is most favourable to the Consumer will prevail.
Address Stichting Webshop Keurmerk:
Willemsparkweg 193, 1071 HA Amsterdam
Annex I: Model withdrawal form
Model form for withdrawal
(Only fill in this form and send it back if you wish to withdraw from the contract)
To: Meesterslijpers
Kinkerstraat 271
1053ES Amsterdam
Tel: 020-6122824
Email: info@meesterslijpers
I/We* hereby give notice that I/We* withdraw from my contract concerning
the sale of the following products: [product designation]*
the supply of the following digital content: [designation digital content]*
the provision of the following service: [service designation]*,
revoke/revoke*
- Ordered on*/received on* [date of order for services or date of receipt for products].
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s)] (only if this form is notified on paper)
Delete where not applicable or fill in where appropriate.
