Terms and Conditions

These General Terms and Conditions of the Webshop Quality Mark Foundation have been established in consultation with the Consumers' Association as part of the Coordination Group for Self-Regulation (CZ) of the Social and Economic Council and will come into effect on June 1, 2014.

These General Terms and Conditions will be used by all members of the Webshop Quality Mark Foundation, with the exception of financial services as referred to in the Financial Supervision Act and insofar as these services are supervised by the Authority for the 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 reflection period

Article   8 - Exercise of the right of withdrawal by the consumer and its costs

Article   9 - Obligations of the entrepreneur upon 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 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 the Webshop Quality Mark Foundation

 

Article 1 - Definitions

In these terms and conditions, the following is understood:

1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance agreement and these goods, digital content, and/or services are delivered by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
2. Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his trade, business, craft, or professional activity;
4. Day: calendar day;
5. Digital content: data that is produced and delivered in digital form;
6. Duration agreement: an agreement that aims for the regular delivery of goods, services, and/or digital content over a certain period;
7. Durable medium: any tool – including email – that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows for future consultation or use over a period that is aligned with the purpose for which the information is intended, and that allows for unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer's ability to cancel the distance contract within the reflection period;
9. Entrepreneur: the natural or legal person who is a member of the Webshop Quality Mark Foundation and offers products, (access to) digital content and/or services at a distance to consumers;
10. Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for the distance sale of products, digital content and/or services, where up to and including the conclusion of the contract, one or more techniques for distance communication are exclusively or additionally used;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms;
12. Technique for remote communication: means that can be used to conclude an agreement without the consumer and entrepreneur needing to be in the same space at the same time;

 

Article 2 – Identity of the entrepreneur

Entrepreneur's name: Saskia van der Kamp;

Business address: Landbouwweg 84, 3899 BG Zeewolde;

Phone number where the entrepreneur can be reached: 036 799 8744;

Email address: info@Kalenderwinkel.nl;

Chamber of Commerce number: 32104330;

VAT identification number: NL001448793B64

If the entrepreneur's activity is subject to a relevant licensing system: the

data about the supervisory authority;

 

If the entrepreneur practices a regulated profession:

• the professional association or organization to which he is affiliated;
• the professional title, the location in the EU or the European Economic Area where it has been granted;
• a reference to the professional rules that apply in the Netherlands and indications of where and how these professional rules are accessible.

 

Article 3 – Applicability

1. 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.
2. 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 indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
3. 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 data carrier. 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 electronically or in another way upon request.
5. In case specific product or service terms also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting terms.

 

Article 4 – The offer

1. If an offer has a limited validity period or is 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 the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products, services, and/or digital content offered.Evident mistakes or evident errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are connected to the acceptance of the offer.

 

Article 5 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.
4. The entrepreneur can, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for responsibly entering into the distance agreement. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, he is entitled to refuse an order or request with justification or to attach special conditions to the execution.
6. The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service, or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
7. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
8. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion from the right of withdrawal;
9. the information about warranties and existing service after purchase;
10. the price including all taxes of the product, service, or digital content; if applicable, the delivery costs; and the method of payment, delivery, or execution of the distance agreement;
11. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
12. if the consumer has a right of withdrawal, the model form for withdrawal.
13. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

 

Article 6 – Right of Withdrawal

For products:

1. The consumer can cancel an agreement regarding the purchase of a product within a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot obligate them to provide their reason(s).
2. The reflection period mentioned in paragraph 1 starts the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
3. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product.The entrepreneur may refuse an order of multiple products with different delivery times, provided he has clearly informed the consumer about this prior to the ordering process.
4. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;

1. for agreements for regular delivery of products over 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 cancel a service agreement and an agreement for the delivery of digital content that is not delivered on a tangible medium for at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for the withdrawal, but cannot oblige them to provide their reason(s).
4. The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

 

Extended reflection 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 withdrawal form, the reflection period expires twelve months after the end of the original reflection period established in accordance with the previous sections of this article.
6. If the entrepreneur has provided the information referred to in the previous section to the consumer within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that 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 establish the nature, characteristics, and functioning of the product. The 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 depreciation of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation 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 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 must notify the entrepreneur within the reflection period using the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. 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 reflection period has expired.
3. The consumer returns the product with all supplied 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 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 entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the return costs.
6. If the consumer revokes after having expressly requested that the performance of the service or the supply of gas, water, or electricity that has not been made ready for sale begins during the reflection period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of revocation, compared to the full performance of the obligation.
8. The consumer does not bear any costs for the execution of services or the delivery of water, gas, or electricity that have not been made ready for sale in a limited volume or quantity, or for the delivery of district heating, if:
9. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal, or the model withdrawal form, or;
10. the consumer has not expressly requested the commencement of the execution of the service or delivery of gas, water, electricity, or district heating during the reflection period.
11. The consumer does not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
12. he has not expressly consented to the commencement of the performance of the agreement before the end of the reflection period;
13. he has not acknowledged losing his right of withdrawal by giving his consent; or
14. the entrepreneur has failed to confirm this statement from the consumer.
15. If the consumer exercises his right of withdrawal, all supplementary agreements are automatically dissolved.

 

Article 9 – Obligations of the entrepreneur in case of withdrawal

1. If the entrepreneur allows the consumer to notify the withdrawal electronically, he will send an acknowledgment of receipt without delay after receiving this notification.
2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following 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 occurs first.
3. The entrepreneur uses the same payment method for refunds that the consumer used, 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 delivery method than the cheapest standard delivery, the entrepreneur 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, at least in a timely manner before the conclusion of the agreement:

1. Products or services whose price is linked to fluctuations in the financial market that the entrepreneur cannot influence and that may occur within the withdrawal period
2. Agreements made during a public auction.Under a public auction is understood a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to take the products, digital content, and/or services;
3. Service agreements, after full execution of the service, but only if:
4. the execution has begun with the express prior consent of the consumer; and
5. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
6. Service agreements for the provision of accommodation, if the agreement specifies a certain date or period of execution and not for residential purposes, goods transport, car rental services, and catering;
7. Agreements related to leisure activities, if the agreement specifies a certain date or period of execution thereof;
8. Products made according to consumer specifications, which are not prefabricated and are manufactured based on an individual choice or decision of the consumer, or that are clearly intended for a specific person;
9. Products that spoil quickly or have a limited shelf life;
10. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
11. Products that by their nature are irrevocably mixed with other products after delivery;
12. Alcoholic beverages for which the price has been agreed upon at 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 that the entrepreneur cannot influence;
13. Sealed audio, video recordings, and computer software, whose seal has been broken after delivery;
14. Newspapers, magazines, or periodicals, with the exception of subscriptions to them;
15. The delivery of digital content other than on a tangible medium, but only if:
16. the execution has begun with the express prior consent of the consumer; and
17. the consumer has declared that he loses his right of withdrawal.

 

Article 11 – The price

1. During the validity 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. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases starting 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
5. these are the result of legal regulations or provisions; or
6. the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
7. The prices mentioned in the offer of products or services are including VAT.

 

Article 12 – Compliance with the agreement and extra warranty

1. The entrepreneur guarantees that the products and/or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement.If agreed, the entrepreneur also ensures that the product is suitable for use other than normal use.
2. An extra guarantee provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has failed to fulfill their part of the agreement.
3. Extra guarantee is understood to mean any commitment from the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in case they have failed to fulfill their part of the agreement.

 

Article 13 – Delivery and execution

1. The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the entrepreneur.
3. Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order.The consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. After termination in accordance with the previous paragraph, the entrepreneur will promptly refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.

 

Article 14 – Duration Transactions: duration, termination, and extension

Termination:

1. The consumer can terminate an agreement that has been entered into for an indefinite period and that involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and that involves the regular delivery of products (including electricity) or services, at any time before the end of the definite duration, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned in the previous sections:
   • at any time and not be limited to termination at a specific time or within a certain period;
   • at least terminate in the same manner as they were entered into;
   • always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

4. An agreement that is entered into for a definite period and that involves the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a certain duration.
5. In deviation from the previous paragraph, an agreement that is entered into for a fixed term and that aims at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a maximum duration of three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
6. An agreement that is entered into for a fixed term and that aims at the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer can terminate 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 that the agreement aims at 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 delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically renewed and will end automatically after the trial or introductory period.

Duration:

8. If a contract has a duration of more than one year, the consumer may terminate the contract 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 specified in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period begins the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be required in the general terms to make an advance payment of more than 50%. When an advance payment has been agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
3. The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. If the consumer does not meet his payment obligation(s) on time, he is, after being pointed out by the entrepreneur about the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, liable for statutory interest on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2.500, =; 10% on the subsequent € 2.500, = and 5% on the next € 5.000, = with a minimum of € 40, =. The entrepreneur may deviate from the mentioned amounts and percentages in favor of the consumer.

 

Article 16 – Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has identified the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. 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 Foundation Webshop Quality Mark (http://keurmerk.info/Home/MisbruikOfKlacht) The complaint will then be sent to both the relevant entrepreneur and the Foundation Webshop Quality Mark.
5. If the complaint cannot be resolved within a reasonable time or within 3 months after submitting the complaint through mutual consultation, a dispute arises that is subject to the dispute resolution scheme.

 

Article 17 – Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
2. Disputes between the consumer and the entrepreneur regarding the formation or execution of agreements related to products and services to be supplied or supplied by this entrepreneur can, subject to the provisions hereinafter, be submitted by both the consumer and the entrepreneur to the Disputes Committee Webshop, P.O. Box 90600, 2509 LP in The Hague (sgc.nl).
3. A dispute will only be handled by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable time.
4. No later than twelve months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
5. When the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice.When the entrepreneur wishes to do so, the consumer must express in writing within five weeks after a written request made by the entrepreneur whether he wishes to do so or wants 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.
6. The Disputes Committee makes a ruling under the conditions as established in the regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop). The decisions of the Disputes Committee are made by means of binding advice.
7. The Disputes Committee will not handle a dispute or will cease handling it if the entrepreneur has been granted a suspension of payments, has become bankrupt, or has effectively ceased business activities, before a dispute has been handled by the committee in a hearing and a final ruling has been made.
8. If, in addition to the Webshop Disputes Committee, another recognized disputes committee affiliated with the Foundation for Consumer Affairs Disputes (SGC) or the Complaints Institute for Financial Services (Kifid) is competent, the Disputes Committee Foundation Webshop Quality Mark is preferably competent for disputes primarily concerning the method of distance selling or service provision. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid is competent.

 

Article 18 – Industry Guarantee

1. The Webshop Quality Mark Foundation guarantees the compliance with the binding advice of the Disputes Committee of the Webshop Quality Mark Foundation by its members, unless the member decides to submit the binding advice to the court for review within two months after its dispatch. This guarantee revives if the binding advice has been upheld after review by the court and the judgment confirming this has become final. Up to a maximum amount of €10.000, - per binding advice, this amount will be paid out by the Webshop Quality Mark Foundation to the consumer. For amounts greater than €10.000, - per binding advice, €10.000, - will be paid out. For the excess, the Webshop Quality Mark Foundation has an obligation to make efforts to ensure that the member complies with the binding advice.
2. For the application of this warranty, it is required that the consumer makes a written appeal to Stichting Webshop Keurmerk and that he transfers his claim against the entrepreneur to Stichting Webshop Keurmerk. If the claim against the entrepreneur exceeds €10.000, -, the consumer is offered to transfer his claim to Stichting Webshop Keurmerk to the extent that it exceeds the amount of €10.000, -, after which this organization will request payment in its own name and at its own expense to satisfy the consumer.

 

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 data carrier.

 

Article 20 – Amendment of the general terms and conditions Foundation Webshop Quality Mark

1. The Foundation Webshop Quality Mark will not amend these general terms and conditions except in consultation with the Consumers' Association.
2. Changes to these terms are only effective after they have been published in an appropriate manner, with the understanding that in the case of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.

 

 Address Foundation Webshop Quality Mark:

Willemsparkweg 193, 1071 HA  Amsterdam