General terms & Conditions
Terms & Conditions Thuiswinkel
These Terms and Conditions of the Dutch Thuiswinkel Organisation (hereafter referred to as Thuiswinkel.org) have been composed in collaboration with the Dutch Consumer’s Association in the context of the Coordination Group Self-regulation of the Social-Economic Counsel and apply from the 1st of June 2014.
Table of Content:
Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - De contract
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the cooling-off
Article 8 - Execution of the right of withdrawal by the consumer and the costs
Article 9 - Obligations of the trader in the case of termination of the contract
Article 10 - Exceptions to the right of withdrawal
Article 11 - The price
Article 12 - Compliance and extra guarantee
Article 13 - Delivery and execution
Article 14 - Term transactions: duration, cancellation and extension
Article 15 - Payment
Article 16 - Complaint policy
Article 17 - Disputes
Article 18 - Branch guarantee
Article 19 - Additional or deviant provisions
Article 20 - Changes to the Terms & Conditions Thuiswinkel.org
Article 1 - Definitions
In these Terms & Conditions we adhere to the following definitions:
1. 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 provided by the trader or by a third party on the basis of an appointment between that third party and the trader;
2. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not purchasing for purposes related to their trade, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Term Agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
7. Durable data carrier: every device - including e-mail - that enables the consumer or trader to store information that is addressed to him in person in a way that future consultation or use during a period that is geared to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
9. Trader: the natural or legal person who is a member of Thuiswinkel.org and who offers products, (access to) digital content and/or services to consumers from a distance;
10. Distance contract: an agreement concluded between the trader and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusively or use is made of one or more techniques for distance communication;
11. Model form for withdrawal: the European model form for withdrawal included in Appendix I of these conditions; Annex I does not have to be made available if the consumer has no right of withdrawal in respect to his order;
12. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader having to be in the same room at the same time.
Article 2 - Identity of the trader
Name trader: Onderbelicht BV
Trading under the name/names:
3731 AL De Bilt
Telephone number: (+31) 88 120 1111
Accessibility: From Monday through Friday from 09.00 hours until 18.00 hours
E-mail address: email@example.com
Chamber of Commerce-number: 59619287
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the trader and to every distance contract that has been established between the trader and consumer.
2. Before the distance contract is closed, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will, before the distance contract is concluded, indicate how the general terms and conditions can be made available and that at the request of the consumer they will be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, deviating from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that it can be easily stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that at the request of the consumer they will be sent free of charge by electronic means or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall also apply mutatis mutandis and the consumer may in the event of conflicting conditions always invoke the applicable provision that is most favorable to them.
Article 4 - The offer
1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the trader uses images, these are a true reflection of the offered products, services and/or digital content. Apparent mistakes or errors in the offer do not bind the trader.
3. 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
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfilment of the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
4. The trader can - within statutory frameworks - inform whether the consumer can fulfil their payment obligations, and all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the trader has good reasons not to enter into the agreement, they are entitled to refuse an order or request, or to attach special conditions to the execution.
5. At the latest upon delivery of the product, the service or digital content, the entrepreneur shall send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the trader’s establishment where the consumer can direct any complaints;
b. 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;
c. the information about guarantees and existing after-sales service;
d. the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
e. the requirements for termination of the contract if the contract has a duration of more than one year or of indefinite duration;
f. if the consumer has a right of withdrawal, the model form for withdrawal.
6. In the case of an duration transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
1. The consumer can terminate an agreement with regard to the purchase of a product during a cooling-off period of 30 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but may not oblige him to state his reason(s).
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a. if the consumer ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product in his order. The trader may, provided he has informed the consumer in a clear manner prior to the ordering process, refuse an order of several products with varying delivery times.
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 the case of agreements for the 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 that is not delivered on a tangible medium:
3. The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason(s).
4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content that has not been delivered on a tangible medium when not informing 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 reflection period determined in accordance with the previous paragraphs of this article.
6. If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months after the starting date of the original period of reflection, the cooling-off period will expire 14 days after the day on which the consumer has received this information.
Article 7 - Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and working of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for the value reduction of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for the value reduction of the product if the trader has not provided him with any legally required information about the right of withdrawal prior to or at the conclusion of the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he shall notify the trader within the cooling-off period by means of the model withdrawal form or in an unequivocal manner to the trader.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorized representative of) the trader. This is not necessary if the trader has offered to collect the product themselves. In any case, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.
3. The consumer shall return the product with all delivered accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the trader has not reported that the consumer must bear these costs or if the trader indicates to bear the costs himself, the consumer does not have to bear the costs for return.
6. If the consumer rescinds after having first expressly requested that the provision of the service or the supply of gas, water or electricity that have not been made ready for sale start in a limited volume or quantity during the cooling-off period, the consumer owes the trader an amount that is proportional to that part of the obligation that the trader has fulfilled at the moment of withdrawal, compared with the full fulfillment of the obligation.
7. The consumer does not incur any costs for the execution of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the trader has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement upon revocation or the model form for withdrawal, or;
b. the consumer has not expressly requested the execution of the service or supply of gas, water, electricity or district heating during the cooling-off period
8. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
a. prior to the delivery, he has not expressly agreed to commence the fulfilment of the contract before the end of the cooling-off period;
b. he has not acknowledged to lose his right of withdrawal when giving his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of the trader in case of withdrawal
1. If the trader makes the notification of withdrawal by the consumer electronically possible, they will send an acknowledgment of receipt immediately after receipt of this notification.
2. The trader will reimburse all payments from the consumer, including any delivery costs 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 wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
3. The trader uses the same payment method for reimbursement that the consumer used for payment, 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 reimburse 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 has clearly stated this in the offer, at least prior to the conclusion of the agreement:
1. Products or services whose price is subject to fluctuations in the financial market on which the trader has no influence 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 trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and / or services;
3. Service contracts, after full execution of the service, but only if:
a. implementation has begun with the express prior consent of the consumer; and
b. the consumer has declared that he will lose his right of withdrawal as soon as the trader has fully executed the agreement;
4. Package travel as referred to in Section 7: 500 Dutch Civil Code and passenger transport agreements;
5. Service agreements for the provision of accommodation, if a specific date or period of execution is provided for in the agreement and other than for residential purposes, freight transport, car rental services and catering;
6. Agreements with regard to leisure activities, if a certain date or period of execution is provided for in the agreement;
7. Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products which for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery;
10. Products that by their nature are irrevocably mixed with other products after delivery;
11. Alcoholic beverages of which the price 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 depends on fluctuations of the market on which the entrepreneur has no influence;
12. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
13. Newspapers, magazines or magazines, with the exception of subscriptions;
14. The supply of digital content other than on a tangible medium, but only if:
a. the execution has begun with the express prior consent of the consumer; and
b. the consumer has stated that he thereby loses his right of withdrawal.
Article 11 - The price
1. During the period mentioned 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.
2. Contrary to the previous paragraph, the trader can offer products or services whose prices are subject to fluctuations in the financial market and where the trader has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
a. they are the result of legal regulations or provisions; or
b. the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
Article 12 - Compliance agreement and additional warranty
1. The trader 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 legal rights existing on the date of the conclusion of the agreement. provisions and / or government regulations. If agreed, the trader also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the trader, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the trader under the contract if the trader has failed to fulfill his part of the contract.
3. An additional guarantee is understood to mean every obligation of the trader, its supplier, importer or producer in which it assigns to the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the contract.
Article 13 - Delivery and execution
1. The trader will take the greatest possible care when receiving and implementing orders for products and when 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. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without penalty and the right to any compensation.
4. After dissolution in accordance with the previous paragraph, the trader will immediately repay the amount that the consumer has paid.
5. The risk of damage and / or loss of products rests with the trader up to the moment of delivery to the consumer or a pre-designated and made representative to the trader, unless explicitly agreed otherwise.
Article 14 - Duration transactions: duration, cancellation and extension
1. The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due observance of the agreed cancellation rules and a notice period. up to one month.
3. The consumer may conclude the agreements referred to in the previous paragraphs:
a. cancel at any time and not be limited to termination at a specific time or in a certain period;
b. cancel at least in the same way as they were entered into;
c. always cancel with the same notice period as the trader stipulated for himself.
4. A contract 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 extended or renewed for a fixed term.
5. Notwithstanding the previous paragraph, a contract that has been entered into for a definite period and which extends to the regular delivery of daily news- and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has renewed this extension. agreement by the end of the extension can terminate with a notice period of no more than one month.
6. A contract 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 may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. A contract of limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness cancel before the end of the agreed term.
Article 15 - Payment
1. Unless otherwise stipulated in the agreement or additional conditions, the amounts due by the consumer must be paid within 14 days after the commencement date, or in the absence of a cooling-off period within 14 days after the close of the contract. agreement. In case of an agreement to provide 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 obliged to pay in advance more than 50% in general terms and conditions. If payment in advance is stipulated, the consumer can not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to the trader without delay.
4. If the consumer does not fulfil his payment obligation (s) in time, after (s)he has been informed by the trader of the late payment and the trader has given the consumer a period of 14 days to still fulfil his payment obligations, after the payment has not been made within this 14-day period, the legal interest is due on the outstanding amount and the trader is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500, =; 10% over the next € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =. The trader may deviate from the aforementioned amounts and percentages for the benefit of the consumer.
Article 16 - Complaints procedure
1. The trader has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the trader within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the service of the trader can also be submitted via a complaints form on the consumer page of the website of Thuiswinkel.org www.thuiswinkel.org. The complaint will then be sent to the relevant entrepreneur as well as Thuiswinkel.org.
5. The consumer must give the trader at least 4 weeks time to resolve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute resolution.
Article 17 - Disputes
1. Only Dutch law applies to agreements between the trader and the consumer to which these general terms and conditions apply.
2. Disputes between the consumer and the trader about the conclusion or performance of agreements with regard to products and services to be delivered or delivered by this trader, subject to the provisions below, can be submitted by both the consumer and the trader to the;
Disputes Committee Thuiswinkel
PO Box 90600
You can also submit your complaint to the Disputes Committee via the European ODR Platform (http://ec.europa.eu/consumers/odr/)
3. A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his 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 submitted the complaint to the trader.
5. If the consumer wants to submit a dispute to the Disputes Committee, the trader is bound by this choice. Preferably the consumer first reports this to the trader.
6. If the trader wishes to submit a dispute to the Disputes Committee, the consumer will have to pronounce in writing within five weeks after a request made in writing by the trader, whether he wishes to do so or wants to have the dispute dealt with by the competent authority. judge. If the trader does not hear the choice of the consumer within the period of five weeks, then the trader is entitled to submit the dispute to the competent court.
7. The Disputes Committee will make its award under the conditions as set out in the Disputes Committee Regulations (www.degeschillencommissie.nl/over-onss/decommittees / 2404 / thuiswinkel). The decisions of the Disputes Committee are made by way of binding advice.
8. The Disputes Committee will not deal with a dispute or will discontinue the proceedings if the trader is granted a moratorium, has been declared bankrupt or has actually ended his business activities, before a dispute has been dealt with by the Committee at the hearing and a final statement has been made.
9. If, in addition to the Thuiswinkel Disputes Committee, another disputed Disputes Committee affiliated to the Consumer Disputes Committee (SGC) or the Complaints Institute for Financial Services (Kifid) is competent, the Disputes Committee Thuiswinkel for Disputes Committee mainly concerns the method of sale or provision of services. preferable. For all other disputes the other recognized disputes committee affiliated with SGC or Kifid.
Article 18 - Branch guarantee
1. Thuiswinkel.org guarantees the fulfilment of the binding advice of the Disputes Committee Thuiswinkel by its members, unless the member decides to submit the binding opinion within two months after sending it for review to the court. This guarantee revives if the binding advice has been maintained after review by the court and the judgment that shows this has become final. Up to an amount of € 10,000 per binding advice, this amount is paid by Thuiswinkel.org to the consumer. For amounts greater than € 10,000, - per binding advice, € 10,000 will be paid out. For the multiple Thuiswinkel.org has a best effort obligation to ensure that the member complies with the binding advice.
2. Application of this guarantee requires that the consumer makes a written appeal to Thuiswinkel.org and that he transfers his claim on the trader to Thuiswinkel.org. If the claim on the trader amounts to more than € 10,000, the consumer is offered to transfer his claim in so far as it exceeds the amount of € 10,000, - to Thuiswinkel.org, after which this organization makes the payment in its own name and costs.
Article 19 - Additional or aberrant provisions
Provisions that are additional or deviating from these 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 to the General Terms and Conditions of Thuiswinkel
1. Thuiswinkel.org will not amend these terms and conditions than in consultation with the Consumers' Association.
2. Amendments to these terms and conditions shall only take effect after they have been published in the appropriate manner, on the understanding that in the case of applicable changes during the term of an offer the most favourable provision for the consumer will prevail.
Horaplantsoen 20, 6717 LT Ede
PO Box 7001, 6710 CB Ede
Annex I: Model form for withdrawal
Strike through what is not applicable. If you wish to cancel the agreement, you can use our returns form or return the following model form to:
3731 AL DE BILT
I / we * hereby revoke the agreement concluded by me / us * regarding the purchase of the following goods * / the delivery of the following service *
|Ordered on* / Received on*
|Name of the consumer
|Address of the consumer
|Signature of the consumer (only in the case of a verbal communication)