Conditions

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Artdeco Style & Light
Breestraat 17
established in Delft, the Netherlands

 

 

 

 

General Terms and Conditions of Artdeco Style & Light as agreed with the

Stichting Webshop Keurmerk, international agreement

 

 

These General Terms and Conditions of Stichting Webshop Keurmerk were drafted in consultation with the Consumentenbond [Consumer’s Association] in the context of the Self-regulation Coordination Group [Coördinatiegroep Zelfreguleringsoverleg CZ] of the Socioeconomic Council [Sociaal-ecomische Raad] and come into force on 1 June 2014.

 

 

 

CONTENTS

 

Article 1  - Definitions                                                         

Article 2  - The Entrepreneur’s identity                               

Article 3  - Applicability                                                      

Article 4  - The offer                                                

Article 5  - The agreement                                                  

Article 6  - Right of withdrawal                                           

Article 7  - Consumer’s obligations during the reflection period                           

Article 8  - Exercising the Consumer’s right of withdrawal and the costs  

Article 9  - Entrepreneur’s obligation in case of withdrawal

Article 10 - Exclusion of the right of withdrawal    

Article 11 - The price                                   

Article 12 - Compliance and extra guaranty                        

Article 13 - Delivery and execution                         

Article 14 - Continuing performance contract: duration, termination and extension

Article 15 - Payment                                                

Article 16 - Complaints procedure                           

Article 17 - Disputes                                                

Article 18 - Sector guarantee                        

Article 19 - Additional or varying provisions          

Article 20 - Amendment to the General Terms and Conditions of Webshop Keurmerk    

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

1.         Additional agreement: an agreement in which the Consumer acquires    products, digital content and/or services with respect to a distance agreement           and these goods, digital content and/or services are delivered by the          Entrepreneur or a third party on the basis of an arrangement between this             third party and the Entrepreneur;

2.         Reflection period: the period during which the Consumer may use his     right of withdrawal;

3.         Consumer: the natural person who does not act for purposes related to     his/her commercial, trade, craft or professional activities;

4.         Day: calendar day;

5.         Digital content: data produced and delivered in digital form;

6.         Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;

7.         Sustainable data carrier: any means, including email, that allow the      Consumer or the Entrepreneur to store information directed to him/her         personally in such a manner that makes future consultation and use possible            during a period that matches the purpose for which the information is             destined and which makes unaltered reproduction of the stored information         possible.

8.         Right of withdrawal: the Consumer’s option not to proceed with the       distance agreement within the cooling-off period;

9.         Entrepreneur: the natural of legal person who is a member of Stichting Webshop Keurmerk and who provides products, (access to) digital content           and or services to Consumers at a distance;

10.      Distance contract: a contract concluded by the Entrepreneur and the        Consumer within the scope of an organised system for distance selling   products, digital content and/or services, whereby exclusive or additional        use is made of one or more technologies of distance communication up to the      conclusion of the contract;

11.       Standard form for withdrawal: the European standard form for withdrawal included in Appendix 1;

12.      Technology for distance communication: a means to be used for            concluding an agreement without the Consumer and the Entrepreneur being   together in the same place at the same time.

 

Article 2 – The Entrepreneur’s identity

Name of Entrepreneur; Art Deco Style & Light

Business address; Breestraat 17, 2611 RE  DELFT

Visiting address: Breestraat 17, 2611 RE  DELFT

Telephone number and the times at which the Entrepreneur can be reached by telephone:
+ 31 15 2126243  Mo-Sa 0900-1800

Email address or other electronic communication means offered to the Consumer with the same functionality as email; info@alsvanouds.nl // gltbl@gispenlampen.nl

Chamber of Commerce number;65902424 Chamber of Commerce Haaglanden

VAT identification number; NL856309588B01

 

 

Article 3 – Applicability

1.         These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.

2.         Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as        possible. If this is reasonably impossible, the Entrepreneur shall indicate in            what way the General Terms and conditions can be inspected and that they     will be sent free of charge if so requested, before the distant contract is     concluded. 

3.         If the distance contract is concluded electronically, the text of these General        Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer      electronically in such a way that the Consumer can easily store it on a long-            term data carrier. If this is reasonably impossible, it will be specified where         the General Terms and Conditions can be viewed electronically and that they will be sent to at the   Consumer´s request free of charge, either via        electronic means or otherwise, before concluding the distance contract;

4.         In the event that specific product or service condition apply in addition to            these General Terms and Conditions, the second and third paragraphs shall         apply accordingly, and in the event of contradictory terms and conditions, the        Consumer may always appeal to the applicable provision that is most    favourable to him/her.

 

Article 4 – The offer

1.         If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.

2.         The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable         the Consumer to assess the products, or services and/or digital content adequately. If the Entrepreneur makes use of pictures, they are truthful     images of the products and/or services provided. Obvious errors or mistakes       in the offer do not bind the Entrepreneur.

3.         All offers contain such information that it is clear to the Consumer what rights    and obligations are attached to accepting the offer.

 

Article 5 – The contract

1.         Subject to the provisions in paragraph 4, the contract becomes valid when the      Consumer has accepted the offer and fulfilled the terms and conditions set.

2.         If the Consumer accepted the offer via electronic means, the Entrepreneur           shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the   Consumer may repudiate the contract.

3.         If the contract is concluded electronically, the Entrepreneur will take        appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay      electronically, the Entrepreneur shall observe appropriate security measures.

4.         The Entrepreneur may, within the limits of the law, gather information about       Consumer’s ability to fulfil his payment obligations, and all facts and factors       relevant to responsibly concluding the distance contract. If, acting on the       results of this investigation, the Entrepreneur has sound reasons for not             concluding the contract, he is lawfully entitled to refuse an order or request         supported by reasons, or to attach special terms to the implementation.

5.         Before delivering the product, the Entrepreneur shall send the following   information along with the product, the service or the digital content in writing            or in such manner that the Consumer can store it in an accessible manner on        a long-term data carrier:        
            a. the visiting address of the Entrepreneur´s business establishment where            the Consumer may get into contact with any complaints;           
            b. the conditions on which and the manner in which the Consumer may    exercise the right of withdrawal, or, as the case may be, clear information          about his being exempted from the right of withdrawal;   
            c. the information corresponding to existing after-sales services and          guarantees;
            d. The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;

            e. the requirements for cancelling the contract if the contract has a duration          of more than one year or for an indefinite period of time.

            f. the standard form for withdrawal if the Consumer has the right of          withdrawal.

6.         In case of a continuing performance contract, the stipulation in the previous         paragraph only applies to the first delivery.

 

Article 6 – Right of withdrawal

In case of products:

1.         The Consumer can repudiate a purchase contract for a product without giving     reasons for a period of reflection of at least 14 days. The Entrepreneur   may     ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).

2.         The reflection period referred to in sub-clause 1 starts on the day the product       is received by the Consumer or by a third party appointed by him in advance             and who is not the carrier, or

a.         if the Consumer ordered several products in the same order: the day on                which the Consumer or a third party appointed by him received the                     last product. The Entrepreneur may refuse an order of several products                 with different delivery dates provided that he clearly informs the                           Consumer prior to the order process.

b.         in case the delivery of a product consists of several batches or parts:                     the day on which the Consumer or a third party appointed by him                        received the last batch or the last part.

c.         in case of an agreement about regular delivery of products during a                      given period: the day on which the Consumer or a third party appointed               by him received the first product.

 

In case of services and digital content that is not delivered on a physical carrier:

3.         The Consumer can terminate an agreement for services or an agreement   for delivery of digital content that is not delivered on a physical carrier      without giving reasons during at least 14 days. The Entrepreneur may ask          the Consumer about the reason for the withdrawal but cannot force him to            state his reason(s).

4.         The reflection period referred to in Article 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 physical carrier in case no information is given 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 has not provided the standard           form for withdrawal, the reflection period expires twelve months after the          end of the original reflection period in accordance with the reflection period             determined in the previous sub-clauses of this Article.

6.         If the Entrepreneur provided the Consumer with the information referred to in the previous article within twelve months after the starting day of the    original period of reflection, the period of reflection expires 14 day after the          day on which the Consumer received the information.

 

Article 7 – Consumer’s obligations during the time of reflection

1.         During this period, the Consumer shall handle the product and the packaging      with care. The Consumer shall only unpack or use the product to the extent          necessary for establishing the nature, the characteristics and the effect of the   product. The guiding principle is that the Consumer may only handle and             inspect the product in the manner in which one is allowed to handle a product     in a shop.

2.         The Consumer is only liable for the decrease in value of the product that is          caused by the way of handling the product which went further than          allowed in sub-section 1.

3.         The Consumer is not liable for the decrease in value of the product if the Entrepreneur has not provided him with all legal information about the right of   withdrawal before concluding the Agreement.

 

Article 8 – Exercising the Consumer’s right of withdrawal and the costs

1.         If the Consumer exercises his right of withdrawal he shall notify the         Entrepreneur unambiguously with the standard form for withdrawal within the    period of reflection.

2.         The Consumer shall return the product or deliver it to (the authorized       representative of) the Entrepreneur as soon as possible but within 14 days            counting from the day following the notification referred to in sub-clause 1.     This need not be done if the entrepreneur offered to collect the product             himself. The Consumer observed the period of returning the product in any          event if the product is returned before the expiration of the period of         reflection.

3.         The Consumer shall return the product with all delivered accessories and if         reasonably possible in the original state and packing and in conformity with      reasonable and clear instructions given by the Entrepreneur.

4.         The risk and the burden of proof for the correct and timely exercise of the           right of withdrawal fall on the Consumer.

5.         The Consumer shall bear the direct costs of returning the product. If the   Entrepreneur has not reported that the Consumer has to bear these costs or if       the Entrepreneur pointed out that he will bear the costs himself, the        Consumer need not pay the cost of returning the product.

6.         If the Consumer withdraws after having first explicitly requested that the             performance of a service or the supply of gas, water or electricity having not            been made ready for sale not be started in a limited volume or given quantity      during the period of reflection, the Consumer shall pay the Entrepreneur an        amount that is equal to the part of the obligation already     performed at   the       time of withdrawal as compared with the full compliance of the     obligation.

7.         The Consumer does not bear the costs for performing services for the supply       of water, gas or electricity that had not been made ready for sale in a limited          volume or quantity, or for the supply of district heating if

a.         the Entrepreneur has not provided the Consumer with the statutorily                     required information about the right of withdrawal, the compensation of             costs in case of withdrawal or the standard form for withdrawal, or

b.         if the Consumer has not explicitly requested that the performance of                    the service or the supply of gas, water and electricity or district heating                     be started during the period of reflection.

8.                     The Consumer does not bear any cost for the full or partial delivery of                  digital content not stored on a physical carrier if

a.         prior to the delivery, he has not explicitly consented to start                                  performance of the agreement before the end of the period of reflection;

b.         he did not acknowledge to lose his right of withdrawal when giving                     consent; or

c.         the Entrepreneur failed to confirm the Consumer’s statement.

9.         If the Consumer exercises his right of withdrawal, all additional agreements        end by operation of law.

 

Article 9 – Entrepreneur’s obligations in case of withdrawal

1.         If the Entrepreneur makes the notification of withdrawal by electronic means      possible, he shall promptly send a return receipt.

2.         The Entrepreneur shall reimburse all payments made by the Consumer,    including any delivery costs that the Consumer may charge for the returned        product, as soon as possible but within 14 days following the day on which        the Consumer notified him of the withdrawal. Unless the Entrepreneur offers       to collect the product himself, he can wait with paying back until having      received the product or until the Consumer proved that he returned the          product, whichever occurs first.

3.         The Entrepreneur shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.

4.         If the Consumer opted for a more expensive method of delivery instead of the     cheapest standard delivery, the Entrepreneur need not reimburse the   additional costs for the more expensive method. 

  

Article 10 - Exclusion of the right of withdrawal

The Entrepreneur can exclude the following products and services from the right of withdrawal but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement:

1.         Products or services with a price that is subject to fluctuations in the         financial market on which the Entrepreneur has no influence and which may   occur within the period of withdrawal;

2.         Agreements that are concluded during a public auction. A public auction is         defined as a selling method whereby the Entrepreneur offers products, digital   content and/or services to the Consumer who is personally present or has the possibility to be personally present at the auction under the direction of an             auctioneer and whereby the successful bidder is obliged to purchase the   products, the digital content and/or the services.

3.         Services agreements, after full performance of the service, but only if

            a.         the performance started with the Consumer’s explicit prior consent; and

            b.         the Consumer stated that he will lose his right of withdrawal as soon as                the Entrepreneur has fully performed the agreement.

4.         Services agreements for making accommodation available when a certain            period of implementation is provided and other than for residential   purposes, goods transports, car rental services and catering;

5.         Agreements related to leisure activities when a certain date or period of   performance is arranged in the agreement;

6.         Products manufactured in accordance with the Consumer’s specifications            which are not prefabricated and which are produced on the basis of a       Consumer’s individual choice or decision or which are intended for a specific      person;

7.         Perishable products or products with a limited durability.

8.         Sealed products which are for health or hygiene reasons not suitable for being     returned and of which the seal was broken;

9.         Products which for their nature are irreversibly mixed with other products;

10.      Alcoholic drinks of which the price has been agreed upon at the conclusion of      the agreement but of which the delivery can take place only after 30 days,          and whose real value depends on fluctuations in the market which the Entrepreneur cannot affect.

11.      Sealed audio and  video recordings and computer programs of which the seals      were broken after delivery;

12.      Newspapers, periodicals or magazines, with the exception of subscriptions to       them;

13.      The delivery of digital content other than on a physical carrier, but only if:           a.         the performance was started with the Consumer’s explicit prior                                   consent;

            b.         the Consumer stated that he will lose his right of withdrawal by doing                  so.

 

Article 11 - The price

1.         The prices of the products and/or services provided shall not be raised during      the validity period given in the offer, subject to changes in price due to            changes in VAT rates.

2.         Contrary to the previous paragraph, the Entrepreneur may offer products or         services whose prices are subject to fluctuations in the financial market that         are beyond the Entrepreneur’s control, at variable prices. The offer will state     the possibility of being subject to fluctuations and the fact that any indicated             prices are target prices.

3.         Price increases within 3 months after concluding the contract are permitted          only if they are the result of new legislation.

4.         Price increases from 3 months after concluding the contract are permitted            only if the Entrepreneur has stipulated it and

            a.         they are the result of legal regulations or stipulations, or

            b.         the Consumer has the authority to cancel the contract before the day on                which the price increase starts.

5.         All prices indicated in the provision of products or services are including VAT.

Article 12 – Performance of an agreement and extra Guarantee

1.         The Entrepreneur guarantees that the products and/or services comply with          the contract, with the specifications listed in the offer, with reasonable     requirements of usability and/or reliability and with the existing statutory        provisions and/or government regulations on the day the contract was       concluded. If agreed, the Entrepreneur also guarantees that the product is           suitable for other than normal use.

2.         An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or     Importer shall never affect the rights and claims the Consumer may exercise      against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s        obligations if the Entrepreneur has failed in the fulfilment of his part of the       agreement.

3.         ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his          Supplier, Importer or Manufacturer in whom he assigns certain rights or claims to the Consumer that go further than he is legally             required in case he     fails in the compliance with his part of the agreement.

 

Article 13 – Delivery and execution

1.         The Entrepreneur shall exercise the best possible care when booking orders         and executing product orders and when assessing requests for the provision of services.

2.         The place of delivery is at the address given by the Consumer to the         Entrepreneur.

3.         With due observance of the stipulations in Article 4 of these General Terms         and Conditions, the Entrepreneur shall execute accepted orders with      convenient speed but at least within 30 days, unless another delivery period          was agreed on. If the delivery has been delayed, or if an order cannot be   filled or         can be filled only partially, the Consumer shall be informed about this      within one month after ordering. In such cases, the Consumer is entitled to             repudiate the contract free of charge and with the right to possible          compensation.

4.         After repudiation in conformity with the preceding paragraph, the             Entrepreneur shall return the payment made by the Consumer promptly but         at least within 30 days after repudiation.

5.         The risk of loss and/or damage to products will be borne by the Entrepreneur       until the time of delivery to the Consumer or a representative appointed in   advance and made known to the Consumer, unless explicitly agreed         otherwise. 

 

Article 14 – Continuing performance agreements: duration, termination and renewal

Termination
1.         The Consumer may at all times terminate a contract that was concluded for         an indefinite time and which extends to the regular delivery of products    (including electricity) or services, with due observance of the termination           rules and subject to not more than one month’s notice.
2.         The Consumer may at all times terminate a contract that was concluded for a       specific time and which extends to the regular delivery of products (including          electricity) or services at the end of the specific period, with due observance            of the termination rules and a subject to not more than one month’s notice.
3.         The Consumer can cancel the agreements mentioned in the preceding       paragraphs:
            -           at any time and not be limited to termination at a particular time or in a                given period; 
            -           at least in the same way as they were concluded by him;    
            -           at all times with the same notice as the Entrepreneur stipulated for                        himself.
Extension
4.         An agreement concluded for a definite period which extends to the regular           delivery of products (including electricity) or services may not be           automatically extended or renewed for a fixed period.       
5.         Notwithstanding the preceding paragraph, a contract for a definite period which extends to the regular delivery of dailies, newspapers, weekly        newspapers and magazines, may tacitly be renewed for specific period of         three months at the most if the Consumer can terminate this extended       agreement towards the end of the extension with a notice of one month at the   most.  
6.         An agreement concluded for a definite period and which extends to the    regular delivery of products or services may only be extended tacitly for an        indefinite period if the Consumer can cancel it at any time with a notice of one    month. The notice is three months at the most in vase the contract is about           a delivery of dailies, newspapers and weeklies and magazines occurring      regularly but less than once a month.
7.         An agreement with limited duration of regular delivery of trial dailies,      newspapers, weeklies and magazines (trial or introductory subscription) is not            renewed tacitly and ends automatically after the trial or introductory period.
Duration

8.         If the duration of a contract is more than one year, the Consumer may      terminate the contract at any time after one year with a notice of not more           than one month, unless reasonableness and fairness resist the termination           before the end of the agreed term.

 

Article 15 – Payment

 

1.         Unless otherwise stipulated in the agreement or in the additional conditions,        the amounts to be paid by the Consumer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days       after concluding the agreement. In case of an agreement to provide a service,             this period starts on the day that the Consumer received the confirmation of         the agreement.

2.         When selling products to Consumers, it is not permitted to negotiate an    advance payment of more than 50% in the General Terms and Conditions.      If an advance payment was agreed, the Consumer may not assert any right           regarding the execution of the order in question or the service(s) in           question before making the agreed advance payment.

3.         The Consumer has the duty to inform the Entrepreneur promptly of possible        inaccuracies in the payment details that were given or specified.

4.         In case the Consumer has not complied with his payment obligation(s) in             time, and the Entrepreneur has pointed out to him that the payment was late       and allowed the Consumer a period of 14 days to comply with the payment      obligations, the Consumer is to pay the statutory interest on the amount             payable and the Entrepreneur is entitled to charge the Consumer with any            extrajudicial collection costs. These extrajudicial collection costs amount to no             more than 15% for outstanding amounts up to € 2,500, 10% for the following         € 2,500 and 5% for the following € 5000, with a minimum of € 40. The    Entrepreneur may deviate from the aforementioned amounts and percentages       in favour of the Consumer.

 

Article 16 – Complaints procedure

 

1.         The Entrepreneur shall have a sufficiently notified complaints procedure in         place, and shall handle the complaint in accordance with this complaint      procedure.

2.         Complaints about the performance of the contract shall be submitted fully and     clearly described to the Entrepreneur within a reasonable time after the Consumer discovered the defects

3.         The complaints submitted to the Entrepreneur shall be replied within a period      of 14 days after the date of receipt. Should a complaint require a foreseeable    longer time for handling, the Entrepreneur shall respond within 14 days with a           notice of receipt and an indication when the Consumer can expect a more             detailed reply.

4.         A complaint about the Entrepreneur’s product, service or after-sales service         can also be submitted to Stichting Webshop Keurmerk with a complaints form    given in the Consumer Page of the website www.Stichting Webshop       Keurmerk. org. The complaint will then be sent to the Entrepreneur in             question and to Stichting Webshop Keurmerk.

5.         If the complaint cannot be solved in joint consultation within a reasonable

            time or within 3 months after submitting the complaint, there will be a dispute     that is open to the dispute settlement rules.

 

 

Article 15 - Disputes

1.         Contracts between the Entrepreneur and the Consumer to which these      General Terms and Conditions apply, are exclusively governed by Dutch law.

2.         With due observance of the provisions set out below, the disputes between          the Consumer and the Entrepreneur about the formation or the performance          of contracts related to products or services that the Entrepreneur must deliver      or has already delivered can be submitted by both the Consumer and the             Entrepreneur to Geschillencommissie Webshop, Postbus 90600, 2509 LP,           The Hague (Den Haag) (www.sgc.nl).

3.         A dispute is handled by the Disputes Committee [Geschillencommissie] only if   the Consumer submitted his/her complaint to the Entrepreneur within a    reasonable period.

4.         The dispute must have been submitted in writing to the Geschillencommissie      Webshop within three months after arising of the dispute.

5.         If the Consumer wishes to submit a dispute to the Geschillencommissie, the        Entrepreneur is bound by this choice. When the Entrepreneur wishes to file           the dispute to the Geschillencommissie, the Consumer must speak out in writing within five weeks after a written request made by the Entrepreneur             whether he so desires or wants the dispute to be dealt with by the competent        court. If the Entrepreneur has not heard of the Consumer’s option within the    period of five weeks, the Entrepreneur is entitled to submit the dispute to the   competent court.

6.         The Geschillencommissie’s decision will be made under the conditions as set      out in the rules of the Arbitration Commission        (http://www.degeschillencommissie.nl/over-onss/decommissies/2701/webshop).

            A decision made by the Geschillencommissie is a binding advice.

7.         The Disputes Committee will not handle a dispute or will discontinue handling   it if the Entrepreneur is granted a moratorium, goes bankrupt or actually ended his business activities before the Commission has handled a dispute at    the hearing and delivered a final award.

8.         If in addition to the Geschillencommissie Webshop another disputes         committee recognised by or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) [Foundation for Consumer Complaints           Committees] or the Klachteninstituut Financiële Dienstverlening (Kifid)             [Financial Services Complaints Board] is competent, the disputes that are            mainly related             to sales methods or distance services, the     Geschillencommissie Webshop Keurmerk is preferably competent, and for all            other disputes, the disputes committee recognised by and affiliated with the             SGC or Kifid is competent.

 

Article 18 –Guarantee by this branch of industry

1.         Webshop Keurmerk guarantees that its members follow the binding advice of      the Disputes Committee Webshop unless the member decides to send the          binding opinion for review to the Court within two months. This        guarantee        revives if after review by the Court the binding opinion has been             confirmed and the judgement has become final. Webshop Keurmerk will pay      this amount to the Consumer up to €10,000 per binding opinion. € 10,000      will be paid if the amount exceeds €10,000 per binding advice. As to the       remaining amount, Webshop Keurmerk has an obligation to try to ensure             that members comply with the binding advice.

2.         For the application of this guarantee, it is required that the Consumer submit       a written appeal to Webshop Keurmerk and that he assign the claim against     the Entrepreneur to the Stichting Webshop Keurmerk. If the claim against          the Entrepreneur exceeds €10,000, the Consumer will be offered to assign the        claim on for the excess amount to Stichting Webshop Keurmerk, after which       this organisation, in its own name and at its own expense, shall try to get         payment and fulfilment of these rights to compensate the Consumer.

 

Article 19 - Additional provisions or derogations

Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.

 

Article 20 – Amendments to the General Terms and Conditions of 

                            Stichting Webshop Keurmerk

1.         These General Terms and Conditions will not be changed other than in     consultation with the Consumentenbond (Consumers’ Association).

2.         Amendments to these Terms and Conditions are valid only after being      published in the appropriate way, provided that in case of appropriate     amendments, the provision that is most favourable for the Consumer shall           prevail during the validity of an offer.

 

Address Stichting Webshop Keurmerk:

Willemsparkweg 193, 1071 HA  Amsterdam.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

These General Terms and Conditions of Stichting Webshop Keurmerk were drafted in consultation with the Consumentenbond [Consumer’s Association] in the context of the Self-regulation Coordination Group [Coördinatiegroep Zelfreguleringsoverleg CZ] of the Socioeconomic Council [Sociaal-ecomische Raad] and come into force on 1 June 2014.

 

 

 


CONTENTS

 

Article 1  - Definitions                                             

Article 2  - The Entrepreneur’s identity                      

Article 3  - Applicability                                           

Article 4  - The offer                                     

Article 5  - The agreement                                     

Article 6  - Right of withdrawal                                 

Article 7  - Consumer’s obligations during the reflection period                    

Article 8  - Exercising the Consumer’s right of withdrawal and the costs        

Article 9  - Entrepreneur’s obligation in case of withdrawal

Article 10 - Exclusion of the right of withdrawal  

Article 11 - The price                           

Article 12 - Compliance and extra guaranty                          

Article 13 - Delivery and execution                   

Article 14 - Continuing performance contract: duration, termination and extension

Article 15 - Payment                                               

Article 16 - Complaints procedure                    

Article 17 - Disputes                                      

Article 18 - Sector guarantee                          

Article 19 - Additional or varying provisions        

Article 20 - Amendment to the General Terms and Conditions of Webshop Keurmerk

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

<!--[if !supportLists]-->1.         <!--[endif]-->Additional agreement: an agreement in which the Consumer acquires          products, digital content and/or services with respect to a distance agreement   and these goods, digital content and/or services are delivered by the        Entrepreneur or a third party on the basis of an arrangement between this   third party and the Entrepreneur;

<!--[if !supportLists]-->2.         <!--[endif]-->Reflection period: the period during which the Consumer may use his          right of withdrawal;

3.     Consumer: the natural person who does not act for purposes related to        his/her commercial, trade, craft or professional activities;

<!--[if !supportLists]-->4.         <!--[endif]-->Day: calendar day;

<!--[if !supportLists]-->5.         <!--[endif]-->Digital content: data produced and delivered in digital form;

<!--[if !supportLists]-->6.         <!--[endif]-->Continuing performance contract: a contract serving to deliver goods,       services and/or digital content in a given period;

<!--[if !supportLists]-->7.         <!--[endif]-->Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her    personally in such a manner that makes future consultation and use possible         during a period that matches the purpose for which the information is         destined and which makes unaltered reproduction of the stored information     possible.

<!--[if !supportLists]-->8.         <!--[endif]-->Right of withdrawal: the Consumer’s option not to proceed with the   distance agreement within the cooling-off period;

<!--[if !supportLists]-->9.         <!--[endif]-->Entrepreneur: the natural of legal person who is a member of Stichting        Webshop Keurmerk and who provides products, (access to) digital content   and or services to Consumers at a distance;

<!--[if !supportLists]-->10.      <!--[endif]-->Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling         products, digital content and/or services, whereby exclusive or additional        use is made of one or more technologies of distance communication up to the         conclusion of the contract;

<!--[if !supportLists]-->11.      <!--[endif]--> Standard form for withdrawal: the European standard form for      withdrawal included in Appendix 1;

<!--[if !supportLists]-->12.      <!--[endif]-->Technology for distance communication: a means to be used for    concluding an agreement without the Consumer and the Entrepreneur being         together in the same place at the same time.    

 

Article 2 – The Entrepreneur’s identity

Name of Entrepreneur; Art Deco Style & Light

Business address; Breestraat 17, 2611 RE  DELFT

Visiting address: Breestraat 17, 2611 RE  DELFT

Telephone number and the times at which the Entrepreneur can be reached by telephone:

+ 31 15 2126243  Mo-Sa 0900-1800

Email address or other electronic communication means offered to the Consumer with the same functionality as email; info@alsvanouds.nl // gltbl@gispenlampen.nl

Chamber of Commerce number;27220699 Chamber of Commerce Haaglanden

VAT identification number; NL064491572B01

 

Article 3 – Applicability

1.     These General Terms and Conditions apply to any offer from the Entrepreneur          and to any distance contract concluded by the Entrepreneur and the         Consumer.

2.     Before concluding a distance contract, the Entrepreneur shall make the text of          these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in   what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is        concluded.  

3.     If the distance contract is concluded electronically, the text of these General    Terms and Conditions, in deviation from the previous section and before the        distance contract is concluded, may also be supplied to the Consumer   electronically in such a way that the Consumer can easily store it on a long- term data carrier. If this is reasonably impossible, it will be specified where     the General Terms and Conditions can be viewed electronically and that they         will be sent to at the          Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;

4.     In the event that specific product or service condition apply in addition to        these General Terms and Conditions, the second and third paragraphs shall    apply accordingly, and in the event of contradictory terms and conditions, the    Consumer may always appeal to the applicable provision that is most         favourable to him/her.

 

Article 4 – The offer

1.     If an offer is of limited duration or if certain conditions apply, it shall be          explicitly stated in the offer.

2.     The offer contains a full and accurate description of the products, digital         content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content       adequately. If the Entrepreneur makes use of pictures, they are truthful     images of the products and/or services provided. Obvious errors or mistakes    in the offer do not bind the Entrepreneur.

3.     All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.

 

Article 5 – The contract

1.     Subject to the provisions in paragraph 4, the contract becomes valid when the          Consumer has accepted the offer and fulfilled the terms and conditions set.

2.     If the Consumer accepted the offer via electronic means, the Entrepreneur     shall promptly confirm receipt of having accepted the offer via electronic       means. As long as the receipt of said acceptance has not been confirmed, the   Consumer may repudiate the contract.

3.     If the contract is concluded electronically, the Entrepreneur will take     appropriate technical and organisational security measures for the electronic        data transfer and ensure a safe web environment. If the Consumer can pay    electronically, the Entrepreneur shall observe appropriate security measures.

4.     The Entrepreneur may, within the limits of the law, gather information about   Consumer’s ability to fulfil his payment obligations, and all facts and factors   relevant to responsibly concluding the distance contract. If, acting on the   results of this investigation, the Entrepreneur has sound reasons for not         concluding the contract, he is lawfully entitled to refuse an order or request    supported by reasons, or to attach special terms to the implementation.

5.     Before delivering the product, the Entrepreneur shall send the following          information along with the product, the service or the digital content in writing     or in such manner that the Consumer can store it in an accessible manner on          a long-term data carrier:   
        a. the visiting address of the Entrepreneur´s business establishment where     the Consumer may get into contact with any complaints;      
        b. the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information   about his being exempted from the right of withdrawal;  
        c. the information corresponding to existing after-sales services and     guarantees;
        d. The price including all taxes of the product, service or digital content,          where applicable the delivery costs and the way of payment, delivery or       implementation of the distance contract;

        e. the requirements for cancelling the contract if the contract has a duration   of more than one year or for an indefinite period of time.

        f. the standard form for withdrawal if the Consumer has the right of    withdrawal.

6.     In case of a continuing performance contract, the stipulation in the previous    paragraph only applies to the first delivery.

 

Article 6 – Right of withdrawal

In case of products:

<!--[if !supportLists]-->1.         <!--[endif]-->The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The Entrepreneur        may    ask the Consumer about the reason for the withdrawal but cannot force          him to state his reason(s).

<!--[if !supportLists]-->2.         <!--[endif]-->The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance       and who is not the carrier, or

<!--[if !supportLists]-->a.         <!--[endif]-->if the Consumer ordered several products in the same order: the day on                   which the Consumer or a third party appointed by him received the             last product. The Entrepreneur may refuse an order of several products                  with different delivery dates provided that he clearly informs the                      Consumer prior to the order process.

<!--[if !supportLists]-->b.         <!--[endif]-->in case the delivery of a product consists of several batches or parts:              the day on which the Consumer or a third party appointed by him            received the last batch or the last part.

<!--[if !supportLists]-->c.         <!--[endif]-->in case of an agreement about regular delivery of products during a                given period: the day on which the Consumer or a third party appointed                 by him received the first product.

 

In case of services and digital content that is not delivered on a physical carrier:

<!--[if !supportLists]-->3.         <!--[endif]-->The Consumer can terminate an agreement for services or an agreement       for delivery of digital content that is not delivered on a physical carrier          without giving reasons during at least 14 days. The Entrepreneur may ask        the Consumer about the reason for the withdrawal but cannot force him to         state his reason(s).

<!--[if !supportLists]-->4.         <!--[endif]-->The reflection period referred to in Article 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 physical carrier in case no information is given about the right of withdrawal:

<!--[if !supportLists]-->5.         <!--[endif]-->If the Entrepreneur has not provided the Consumer with the legally required    information about the right of withdrawal or has not provided the standard     form for withdrawal, the reflection period expires twelve months after the     end of the original reflection period in accordance with the reflection period         determined in the previous sub-clauses of this Article.

<!--[if !supportLists]-->6.         <!--[endif]-->If the Entrepreneur provided the Consumer with the information referred       to in the previous article within twelve months after the starting day of the         original period of reflection, the period of reflection expires 14 day after the day on which the Consumer received the information.

 

Article 7 – Consumer’s obligations during the time of reflection

<!--[if !supportLists]-->1.         <!--[endif]-->During this period, the Consumer shall handle the product and the packaging   with care. The Consumer shall only unpack or use the product to the extent    necessary for establishing the nature, the characteristics and the effect of the        product. The guiding principle is that the Consumer may only handle and    inspect the product in the manner in which one is allowed to handle a product          in a shop.

<!--[if !supportLists]-->2.         <!--[endif]-->The Consumer is only liable for the decrease in value of the product that is     caused by the way of handling the product which went further than      allowed in sub-section 1.

<!--[if !supportLists]-->3.         <!--[endif]-->The Consumer is not liable for the decrease in value of the product if the        Entrepreneur has not provided him with all legal information about the right of          withdrawal before concluding the Agreement.

 

Article 8 – Exercising the Consumer’s right of withdrawal and the costs

<!--[if !supportLists]-->1.         <!--[endif]-->If the Consumer exercises his right of withdrawal he shall notify the     Entrepreneur unambiguously with the standard form for withdrawal within the          period of reflection.

<!--[if !supportLists]-->2.         <!--[endif]-->The Consumer shall return the product or deliver it to (the authorized   representative of) the Entrepreneur as soon as possible but within 14 days      counting from the day following the notification referred to in sub-clause 1.          This need not be done if the entrepreneur offered to collect the product         himself. The Consumer observed the period of returning the product in any     event if the product is returned before the expiration of the period of   reflection.

<!--[if !supportLists]-->3.         <!--[endif]-->The Consumer shall return the product with all delivered accessories and if      reasonably possible in the original state and packing and in conformity with     reasonable and clear instructions given by the Entrepreneur.

<!--[if !supportLists]-->4.         <!--[endif]-->The risk and the burden of proof for the correct and timely exercise of the     right of withdrawal fall on the Consumer.

<!--[if !supportLists]-->5.         <!--[endif]-->The Consumer shall bear the direct costs of returning the product. If the        Entrepreneur has not reported that the Consumer has to bear these costs or if         the Entrepreneur pointed out that he will bear the costs himself, the Consumer need not pay the cost of returning the product.

<!--[if !supportLists]-->6.         <!--[endif]-->If the Consumer withdraws after having first explicitly requested that the        performance of a service or the supply of gas, water or electricity having not      been made ready for sale not be started in a limited volume or given quantity during the period of reflection, the Consumer shall pay the Entrepreneur an    amount that is equal to the part of the obligation already performed at          the     time of withdrawal as compared with the full compliance of the obligation.

<!--[if !supportLists]-->7.         <!--[endif]-->The Consumer does not bear the costs for performing services for the supply of water, gas or electricity that had not been made ready for sale in a limited    volume or quantity, or for the supply of district heating if

<!--[if !supportLists]-->a.         <!--[endif]-->the Entrepreneur has not provided the Consumer with the statutorily                required information about the right of withdrawal, the compensation of                   costs in case of withdrawal or the standard form for withdrawal, or

<!--[if !supportLists]-->b.         <!--[endif]-->if the Consumer has not explicitly requested that the performance of               the service or the supply of gas, water and electricity or district heating                  be started during the period of reflection.

8.             The Consumer does not bear any cost for the full or partial delivery of             digital content not stored on a physical carrier if

<!--[if !supportLists]-->a.         <!--[endif]-->prior to the delivery, he has not explicitly consented to start                           performance of the agreement before the end of the period of reflection;

<!--[if !supportLists]-->b.         <!--[endif]-->he did not acknowledge to lose his right of withdrawal when giving                   consent; or

<!--[if !supportLists]-->c.         <!--[endif]-->the Entrepreneur failed to confirm the Consumer’s statement.

<!--[if !supportLists]-->9.         <!--[endif]-->If the Consumer exercises his right of withdrawal, all additional agreements    end by operation of law.

 

Article 9 – Entrepreneur’s obligations in case of withdrawal

<!--[if !supportLists]-->1.         <!--[endif]-->If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.

<!--[if !supportLists]-->2.         <!--[endif]-->The Entrepreneur shall reimburse all payments made by the Consumer,          including any delivery costs that the Consumer may charge for the returned   product, as soon as possible but within 14 days following the day on which the Consumer notified him of the withdrawal. Unless the Entrepreneur offers         to collect the product himself, he can wait with paying back until having received the product or until the Consumer proved that he returned the         product, whichever occurs first.

<!--[if !supportLists]-->3.         <!--[endif]-->The Entrepreneur shall make use of the same means of payment that the      Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.

<!--[if !supportLists]-->4.         <!--[endif]-->If the Consumer opted for a more expensive method of delivery instead of the         cheapest standard delivery, the Entrepreneur need not reimburse the     additional costs for the more expensive method.  

   

Article 10 - Exclusion of the right of withdrawal

The Entrepreneur can exclude the following products and services from the right of withdrawal but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement:

<!--[if !supportLists]-->1.         <!--[endif]-->Products or services with a price that is subject to fluctuations in the    financial market on which the Entrepreneur has no influence and which may         occur within the period of withdrawal;

<!--[if !supportLists]-->2.         <!--[endif]-->Agreements that are concluded during a public auction. A public auction is       defined as a selling method whereby the Entrepreneur offers products, digital       content and/or services to the Consumer who is personally present or has the        possibility to be personally present at the auction under the direction of an         auctioneer and whereby the successful bidder is obliged to purchase the         products, the digital content and/or the services.

<!--[if !supportLists]-->3.         <!--[endif]-->Services agreements, after full performance of the service, but only if

        a.     the performance started with the Consumer’s explicit prior consent; and

        b.     the Consumer stated that he will lose his right of withdrawal as soon as          the Entrepreneur has fully performed the agreement.

<!--[if !supportLists]-->4.         <!--[endif]-->Services agreements for making accommodation available when a certain       period of implementation is provided and other than for residential         purposes, goods transports, car rental services and catering;

<!--[if !supportLists]-->5.         <!--[endif]-->Agreements related to leisure activities when a certain date or period of         performance is arranged in the agreement;

<!--[if !supportLists]-->6.         <!--[endif]-->Products manufactured in accordance with the Consumer’s specifications        which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific   person;

<!--[if !supportLists]-->7.         <!--[endif]-->Perishable products or products with a limited durability.

<!--[if !supportLists]-->8.         <!--[endif]-->Sealed products which are for health or hygiene reasons not suitable for being          returned and of which the seal was broken;

<!--[if !supportLists]-->9.         <!--[endif]-->Products which for their nature are irreversibly mixed with other products;

<!--[if !supportLists]-->10.      <!--[endif]-->Alcoholic drinks of which the price has been agreed upon at the conclusion of   the agreement but of which the delivery can take place only after 30 days,     and whose real value depends on fluctuations in the market which the         Entrepreneur cannot affect.

<!--[if !supportLists]-->11.      <!--[endif]-->Sealed audio and  video recordings and computer programs of which the seals          were broken after delivery;

<!--[if !supportLists]-->12.      <!--[endif]-->Newspapers, periodicals or magazines, with the exception of subscriptions to   them;

<!--[if !supportLists]-->13.      <!--[endif]-->The delivery of digital content other than on a physical carrier, but only if:      a.       the performance was started with the Consumer’s explicit prior                        consent;

   b.     the Consumer stated that he will lose his right of withdrawal by doing               so.

 

Article 11 - The price

1.     The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to     changes in VAT rates.

2.     Contrary to the previous paragraph, the Entrepreneur may offer products or   services whose prices are subject to fluctuations in the financial market that   are beyond the Entrepreneur’s control, at variable prices. The offer will state   the possibility of being subject to fluctuations and the fact that any indicated         prices are target prices.

3.     Price increases within 3 months after concluding the contract are permitted     only if they are the result of new legislation.

4.     Price increases from 3 months after concluding the contract are permitted      only if the Entrepreneur has stipulated it and

        a.     they are the result of legal regulations or stipulations, or

        b.     the Consumer has the authority to cancel the contract before the day on                   which the price increase starts.

5.     All prices indicated in the provision of products or services are including VAT.

Article 12 – Performance of an agreement and extra Guarantee

1.     The Entrepreneur guarantees that the products and/or services comply with    the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory     provisions and/or government regulations on the day the contract was         concluded. If agreed, the Entrepreneur also guarantees that the product is      suitable for other than normal use.

2.     An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or         Importer shall never affect the rights and claims the Consumer may exercise          against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s      obligations if the Entrepreneur has failed in the fulfilment of his part of the     agreement.

3.     ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his     Supplier, Importer or Manufacturer in whom he assigns certain rights or        claims to the Consumer that go further than he is legally       required in case he      fails in the compliance with his part of the agreement.

 

Article 13 – Delivery and execution

1.     The Entrepreneur shall exercise the best possible care when booking orders    and executing product orders and when assessing requests for the      provision of services.

2.     The place of delivery is at the address given by the Consumer to the    Entrepreneur.

3.     With due observance of the stipulations in Article 4 of these General Terms     and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period       was agreed on. If the delivery has been delayed, or if an order cannot be         filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to        repudiate the contract free of charge and with the right to possible     compensation.

4.     After repudiation in conformity with the preceding paragraph, the         Entrepreneur shall return the payment made by the Consumer promptly but    at least within 30 days after repudiation.

5.     The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in       advance and made known to the Consumer, unless explicitly agreed          otherwise.  

 

Article 14 – Continuing performance agreements: duration, termination and renewal

Termination
1.     The Consumer may at all times terminate a contract that was concluded for    an indefinite time and which extends to the regular delivery of products          (including electricity) or services, with due observance of the termination       rules and subject to not more than one month’s notice.
2.     The Consumer may at all times terminate a contract that was concluded for a specific time and which extends to the regular delivery of products (including      electricity) or services at the end of the specific period, with due observance        of the termination rules and a subject to not more than one month’s notice.
3.     The Consumer can cancel the agreements mentioned in the preceding   paragraphs:
        -      at any time and not be limited to termination at a particular time or in a           given period;
        -      at least in the same way as they were concluded by him; 
        -      at all times with the same notice as the Entrepreneur stipulated for                  himself.
Extension
4.     An agreement concluded for a definite period which extends to the regular      delivery of products (including electricity) or services may not be       automatically extended or renewed for a fixed period.  
5.     Notwithstanding the preceding paragraph, a contract for a definite period        which extends to the regular delivery of dailies, newspapers, weekly   newspapers and magazines, may tacitly be renewed for specific period of     three months at the most if the Consumer can terminate this extended         agreement towards the end of the extension with a notice of one month at the         most. 
6.     An agreement concluded for a definite period and which extends to the          regular delivery of products or services may only be extended tacitly for an         indefinite period if the Consumer can cancel it at any time with a notice of one month. The notice is three months at the most in vase the contract is about      a delivery of dailies, newspapers and weeklies and magazines occurring         regularly but less than once a month.       
7.     An agreement with limited duration of regular delivery of trial dailies,    newspapers, weeklies and magazines (trial or introductory subscription) is not       renewed tacitly and ends automatically after the trial or introductory period.
Duration

8.     If the duration of a contract is more than one year, the Consumer may          terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist the termination before the end of the agreed term.

 

Article 15 – Payment

 

1.     Unless otherwise stipulated in the agreement or in the additional conditions,     the amounts to be paid by the Consumer must be settled within 14 days after      the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service,     this period starts on the day that the Consumer received the confirmation of     the agreement.

2.     When selling products to Consumers, it is not permitted to negotiate an          advance payment of more than 50% in the General Terms and Conditions.    If an advance payment was agreed, the Consumer may not assert any right         regarding the execution of the order in question or the service(s) in     question before making the agreed advance payment.

3.     The Consumer has the duty to inform the Entrepreneur promptly of possible   inaccuracies in the payment details that were given or specified.

4.     In case the Consumer has not complied with his payment obligation(s) in         time, and the Entrepreneur has pointed out to him that the payment was late          and allowed the Consumer a period of 14 days to comply with the payment    obligations, the Consumer is to pay the statutory interest on the amount     payable and the Entrepreneur is entitled to charge the Consumer with any        extrajudicial collection costs. These extrajudicial collection costs amount to no        more than 15% for outstanding amounts up to € 2,500, 10% for the following     € 2,500 and 5% for the following € 5000, with a minimum of € 40. The Entrepreneur may deviate from the aforementioned amounts and percentages        in favour of the Consumer.

 

Article 16 – Complaints procedure

 

1.     The Entrepreneur shall have a sufficiently notified complaints procedure in      place, and shall handle the complaint in accordance with this complaint   procedure.

2.     Complaints about the performance of the contract shall be submitted fully and          clearly described to the Entrepreneur within a reasonable time after the        Consumer discovered the defects

3.     The complaints submitted to the Entrepreneur shall be replied within a period   of 14 days after the date of receipt. Should a complaint require a foreseeable        longer time for handling, the Entrepreneur shall respond within 14 days with a          notice of receipt and an indication when the Consumer can expect a more         detailed reply.

4.     A complaint about the Entrepreneur’s product, service or after-sales service    can also be submitted to Stichting Webshop Keurmerk with a complaints form given in the Consumer Page of the website www.Stichting Webshop      Keurmerk. org. The complaint will then be          sent to the Entrepreneur in         question and to Stichting Webshop Keurmerk.

5.     If the complaint cannot be solved in joint consultation within a reasonable

        time or within 3 months after submitting the complaint, there will be a dispute that is open to the dispute settlement rules.

 

 

Article 15 - Disputes

1.     Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.

2.     With due observance of the provisions set out below, the disputes between     the Consumer and the Entrepreneur about the formation or the performance       of contracts related to products or services that the Entrepreneur must deliver          or has already delivered can be submitted by both the Consumer and the     Entrepreneur to Geschillencommissie Webshop, Postbus 90600, 2509 LP, The Hague (Den Haag) (www.sgc.nl).

3.     A dispute is handled by the Disputes Committee [Geschillencommissie] only if the Consumer submitted his/her complaint to the Entrepreneur within a         reasonable period.

4.     The dispute must have been submitted in writing to the Geschillencommissie    Webshop within twelve months after arising of the dispute.

5.     If the Consumer wishes to submit a dispute to the Geschillencommissie, the    Entrepreneur is bound by this choice. When the Entrepreneur wishes to file      the dispute to the Geschillencommissie, the Consumer must speak out in         writing within five weeks after a written request made by the Entrepreneur whether he so desires or wants the dispute to be dealt with by the competent         court. If the Entrepreneur has not heard of the Consumer’s option within the          period of five weeks, the Entrepreneur is entitled to submit the dispute to the      competent court.

6.     The Geschillencommissie’s decision will be made under the conditions as set     out in the rules of the Arbitration Commission       (http://www.degeschillencommissie.nl/over-onss/decommissies/2701/webshop).

          A decision made by the Geschillencommissie is a binding advice.

7.     The Disputes Committee will not handle a dispute or will discontinue handling    it if the Entrepreneur is granted a moratorium, goes bankrupt or actually       ended his business activities before the Commission has handled a dispute at       the hearing and delivered a final award.

8.     If in addition to the Geschillencommissie Webshop another disputes       committee recognised by or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) [Foundation for Consumer Complaints         Committees] or the Klachteninstituut Financiële Dienstverlening (Kifid)         [Financial Services Complaints Board] is competent, the disputes that are        mainly related         to sales methods or distance services, the Geschillencommissie Webshop Keurmerk is preferably competent, and for all        other disputes, the disputes committee recognised by and affiliated with the         SGC or Kifid is competent.

 

Article 18 –Guarantee by this branch of industry

1.     Webshop Keurmerk guarantees that its members follow the binding advice of the Disputes Committee Webshop unless the member decides to send the    binding opinion for review to the Court within two months. This      guarantee     revives if after review by the Court the binding opinion has been         confirmed and the judgement has become final. Webshop Keurmerk will pay   this amount to the Consumer up to €10,000 per binding opinion. € 10,000   will be paid if the amount exceeds €10,000 per binding advice. As to the     remaining amount, Webshop Keurmerk has an obligation to try to ensure         that members comply with the binding advice.

2.     For the application of this guarantee, it is required that the Consumer submit   a written appeal to Webshop Keurmerk and that he assign the claim against          the Entrepreneur to the Stichting Webshop Keurmerk. If the claim against      the Entrepreneur exceeds €10,000, the Consumer will be offered to assign the claim on for the excess amount to Stichting Webshop Keurmerk, after which     this organisation, in its own name and at its own expense, shall try to get payment and fulfilment of these rights to compensate the Consumer.

 

Article 19 - Additional provisions or derogations

Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.

 

Article 20 – Amendments to the General Terms and Conditions of  

                       Stichting Webshop Keurmerk

1.     These General Terms and Conditions will not be changed other than in   consultation with the Consumentenbond (Consumers’ Association).

2.     Amendments to these Terms and Conditions are valid only after being   published in the appropriate way, provided that in case of appropriate amendments, the provision that is most favourable for the Consumer shall        prevail during the validity of an offer.

 

Address Stichting Webshop Keurmerk:

Willemsparkweg 193, 1071 HA  Amsterdam.