Terms and Conditions
These General Terms and Conditions of the Webshop Keurmerk Foundation were developed in consultation with the Dutch Consumers’ Association within the framework of the Coordination Group for Self-Regulation (CZ) of the Social and Economic Council and will take effect on June 1, 2014.
These Terms and Conditions will apply to all members of the Webshop Keurmerk Foundation, with the exception of financial services as defined in the Financial Supervision Act and to the extent that such services are subject to supervision by the Netherlands Authority for the Financial Markets.
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the Business
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Consumer Obligations During the Cooling-Off Period
Article 8 - Exercise of the right of withdrawal by the consumer and associated costs
Article 9 - Obligations of the merchant in the event of cancellation
Article 10 - Exclusion of the Right of Withdrawal
Article 11 - The Price
Article 12 - Performance and Additional Warranty
Article 13 - Delivery and Performance
Article 14 - Long-term contracts: term, termination, and renewal
Article 15 - Payment
Article 16 - Complaints Procedure
Article 17 - Disputes
Article 18 - Industry Guarantee
Article 19 - Additional or Deviating Provisions
Article 20 - Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk
Article 1 - Definitions
For the purposes of these terms and conditions, the following definitions apply:
1. Supplementary agreement: an agreement under which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these products, digital content, and/or services are supplied by the business or by a third party based on an arrangement between that third party and the business;
2. Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
3. Consumer: a natural person who is not acting for purposes related to their trade, business, craft, or profession;
4. Day: calendar day;
5. Digital content: data that is produced and delivered in digital form;
6. Continuing contract: a contract for the regular supply of goods, services, and/or digital content over a specified period;
7. Durable medium: any means—including email—that enables the consumer or business to store information addressed personally to them in a way that allows for future reference or use for a period of time appropriate to the purpose for which the information is intended, and that allows for the unaltered reproduction of the stored information;
8. Right of withdrawal: the consumer’s right to cancel the distance contract within the cooling-off period;
9. Business: a natural or legal person who is a member of the Webshop Keurmerk Foundation and offers products, (access to) digital content, and/or services to consumers via distance selling;
10. Distance contract: a contract concluded between the merchant and the consumer within the framework of an organized system for the distance sale of products, digital content, and/or services, in which one or more means of distance communication are used exclusively or in part up to and including the conclusion of the contract;
11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions;
12. Means of distance communication: a method that can be used to conclude a contract without the consumer and the business having to be physically present in the same location at the same time;
Article 2 – Identity of the Business
Miracle Escargot Crème
info@miracleescargotcreme.nl
Chamber of Commerce number: 34243444
VAT identification number: 1956.56.411.B02
If the business’s activities are subject to a relevant licensing regime: information about the regulatory authority;
If the business owner practices a regulated profession:
- the professional association or organization to which he belongs;
- the professional title and the location within the EU or the European Economic Area where it was awarded;
- a reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules can be accessed.
Article 3 – Applicability
1. These terms and conditions apply to every offer made by the business and to every distance contract entered into between the business and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the business shall, before the distance contract is concluded, indicate how the general terms and conditions can be viewed at the business’s premises and that they will be sent free of charge as soon as possible upon the consumer’s request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and prior to the conclusion of the distance contract, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or by other means at the consumer’s request.
4. In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting terms, the consumer may always rely on the applicable provision that is most favorable to him.
Article 4 – The Offer
1. If an offer is valid for a limited time or is subject to certain 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 enable the consumer to make a proper assessment of the offer. If the merchant uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the merchant.
3. Each offer must contain sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer.
Article 5 – The Agreement
1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfills the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the business must immediately confirm receipt of the acceptance of the offer electronically. Until the business has confirmed receipt of this acceptance, the consumer may cancel the contract.
3. If the contract is concluded electronically, the business operator shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer is able to pay electronically, the business operator shall observe appropriate security measures for this purpose.
4. The business may—within the legal framework—ascertain whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, the merchant has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.
5. No later than upon delivery of the product, service, or digital content to the consumer, the business must provide the following information in writing or in a manner that allows the consumer to store it in an accessible way on a durable medium:
a. the business address of the entrepreneur’s location where the consumer can file a complaint;
b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about warranties and existing post-purchase services;
d. the price of the product, service, or digital content, including all taxes; delivery costs, if applicable; and the method of payment, delivery, or performance of the distance contract;
e. the requirements for terminating the contract if the contract has a term of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuing transaction, the provision in the preceding paragraph applies only to the first delivery.
Article 6 – Right of Withdrawal
For products:
1. The consumer may cancel a contract for the purchase of a product within a cooling-off period of at least 14 days without giving any reason. The merchant may ask the consumer for the reason for the cancellation, but may not require the consumer to provide a reason or reasons.
2. The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in a single order: the day on which the consumer, or a third party designated by the consumer, received the last product. The merchant may refuse an order consisting of multiple products with different delivery times, provided that the merchant has clearly informed the consumer of this prior to the ordering process.
b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by the consumer, received the final shipment or part;
- In the case of contracts for the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by the consumer, received the first product.
For services and digital content not supplied on a tangible medium:
3. The consumer may cancel a service contract and a contract for the supply of digital content not delivered on a tangible medium within a minimum period of 14 days without giving any reason. The business may ask the consumer for the reason for the cancellation, but may not require the consumer to state the reason(s).
4. The cooling-off period referred to in paragraph 3 begins on the day following the conclusion of the agreement.
Extended cooling-off period for products, services, and digital content not supplied on a tangible medium if the consumer is not informed of their right of withdrawal:
5. If the business has not provided the consumer with the legally required information regarding the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the preceding paragraphs of this section.
6. If the merchant has provided the consumer with the information referred to in the preceding paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
Article 7 – Consumer Obligations During the Cooling-Off Period
1. During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine its nature, characteristics, and functioning. The basic principle here is that the consumer may only handle and inspect the product in the same way that they would be permitted to do so in a store.
2. The consumer is only liable for any loss in value of the product resulting from handling the product in a manner that goes beyond what is permitted under paragraph 1.
3. The consumer is not liable for any loss in value of the product if the business did not provide the consumer with all legally required information regarding the right of withdrawal before or at the time the contract was concluded.
Article 8 – Exercise of the right of withdrawal by the consumer and associated costs
1. If the consumer exercises their right of withdrawal, they must notify the business of this within the cooling-off period using the model withdrawal form or by other unambiguous means.
2. The consumer shall return the product or hand it over to the business (or its representative) as soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1. This is not required if the business has offered to pick up the product itself. In any case, the consumer is deemed to have complied with the return period if he returns the product before the cooling-off period has expired.
3. The consumer must return the product with all accessories provided, in its original condition and packaging where reasonably possible, and in accordance with the reasonable and clear instructions provided by the merchant.
4. The risk and the burden of proof regarding the proper and timely exercise of the right of withdrawal rest with the consumer.
5. The consumer is responsible for the direct costs of returning the product. If the merchant has not indicated that the consumer must bear these costs, or if the merchant states that they will cover the costs themselves, the consumer is not required to pay the return shipping costs.
6. If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water, or electricity that have not been made ready for sale in a limited volume or specific quantity, commence during the cooling-off period, the consumer shall owe the business an amount proportional to that part of the obligation that has been fulfilled by the business at the time of withdrawal, compared to the full fulfillment of the obligation.
7. The consumer shall not bear any costs for the provision of services or the supply of water, gas, or electricity that have not been packaged for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the merchant has not provided the consumer with the legally required information regarding the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form, or;
b. the consumer did not expressly request that the service or the supply of gas, water, electricity, or district heating begin during the cooling-off period.
8. The consumer shall not be charged for the full or partial delivery of digital content not supplied on a tangible medium if:
a. he has not expressly agreed, prior to delivery, to the commencement of performance of the contract before the end of the cooling-off period;
b. he has not acknowledged that he loses his right of withdrawal by giving his consent; or
c. the business has failed to confirm this statement from the consumer.
9. If the consumer exercises their right of withdrawal, all ancillary agreements are automatically terminated.
Article 9 – Obligations of the merchant in the event of cancellation
1. If the merchant allows the consumer to submit a notice of withdrawal electronically, the merchant must send an acknowledgment of receipt immediately upon receiving such notice.
2. The merchant shall refund all payments made by the consumer, including any delivery costs charged by the merchant for the returned product, without delay but no later than 14 days following the day on which the consumer notifies the merchant of the cancellation. Unless the merchant offers to pick up the product himself, he may wait to issue a refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever occurs first.
3. The merchant will use the same payment method for the refund 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 delivery method that is more expensive than the cheapest standard delivery option, the merchant is not required to reimburse the additional costs associated with the more expensive method.
Article 10 – Exclusion of the Right of Withdrawal
The merchant may exclude the following products and services from the right of withdrawal, but only if the merchant has clearly stated this in the offer, or at least in a timely manner prior to the conclusion of the contract:
1. Products or services whose price is subject to fluctuations in the financial market over which the business has no control and which may occur within the cancellation period
2. Contracts concluded during a public auction. A public auction is defined as a method of sale in which products, digital content, and/or services are offered by the business to a consumer who is physically present at the auction or has the opportunity to be physically present, under the direction of an auctioneer, and in which the successful bidder is obligated to purchase the products, digital content, and/or services;
3. Service agreements, after full performance of the service, but only if:
a. performance has begun with the consumer’s express prior consent; and
b. the consumer has stated that he loses his right of withdrawal once the business has fully performed the contract;
4. Service agreements for the provision of accommodation, where the agreement specifies a particular date or period of performance and is not for residential purposes, freight transport, car rental services, or catering;