Article 1 – Definitions
In these conditions:
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-term transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
Right of withdrawal: the possibility for the consumer to refrain from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of the Stichting Webshop Keurmerk and offers products and/or services to consumers at a distance;
Distance contract: an agreement in the context of a by the entrepreneur organized system for distance selling of products and/or services, up to and including the conclusion of the agreement only use is made of one or more techniques for distance communication;
Technology for distance communication: means that can be used for concluding an agreement, without the consumer and trader being in the same room at the same time.
Article 2 – Identity of the entrepeneur
Name of entrepreneur: Tubble BV
Business address: Herengracht 420, 1017BZ Amsterdam
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: 61333557
VAT identification number: NL8543.00.892.B.01
If the activity of the entrepreneur is subject to a relevant licensing system: the data on the supervisory authority:
If the entrepreneur has a regulated profession:
– the professional association or organization to which he is affiliated;
– the professional title, the place in the EU or the European Economic Area where it is awarded;
– a reference to the professional rules that apply in the Netherlands and instructions on where and how these professional rules are accessible.
Article 3 – Applicability
- These terms and conditions apply to every offer of the entrepreneur and anyagreement reachedat a distance between businesses and consumers.
- 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, by way of derogation 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 the consumers can be easily stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be observed electronically and that they will be sent free of charge at the request of the consumer by electronic means or otherwise.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflicting general terms and conditions always invoke the applicable provision that is most favorable to him.
Article 4 – The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the offered products and/or services.The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
– the price including taxes;
– the possible costs of delivery;
– the way in which the contract will be concluded and which actions
– are necessary for this;
– whether or not to apply the right of withdrawal;
– the method of payment, delivery and execution of the agreement;
– the period for accepting the offer or the period within which the
– the entrepreneur guarantees the price;
– the level of the tariff for distance communication if the costs of the
use of the technique for distance communication are calculated on another basis than the regular basic rate for the means of communication used;
– whether the agreement will be filed after the conclusion, and if so on which one
– how this can be consulted for the consumer;
– the way in which the consumer, prior to concluding the contract, can check the data provided by him under the contract and repair it if necessary;
– any other languages in which, in addition to Dutch, the contract can be concluded;
– the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
– the minimum duration of the distance contract in case of an extended transaction.
Article 5 – The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer.As long as the receipt of this acceptance is not confirmed by the entrepreneur, the consumer can terminate the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur can – within legal frameworks – inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur on the basis of this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request motivated or to attach special conditions to the execution.
- With the product or service the entrepreneur will send the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing service after purchase;
d. the information included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
- In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
When delivering products:
- When purchasing products, the consumer has the option to terminate the contract without giving any reason for 60 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur.
- During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that this is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When delivering services:
- When providing services, the consumer has the option to dissolve the contract without giving any reason for at least fourteen days, starting on the day of entering into the agreement.
- In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest on delivery.
Article 7 – Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, no more than the delivery costs of returning the goods are on their account.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
Article 8 – Exclusion of right of withdrawal
- The entrepreneur can exclude the right of withdrawal of the consumer insofar as provided for in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
a. which have been established by the entrepreneur in accordance with specifications of the
b. which are clearly personal in nature;
c. which cannot be returned due to their nature;
d. that can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
a. regarding accommodation, transport, restaurant or leisure activities to be performed on a certain date or during a certain period;
b. the delivery of which commenced with the express consent of the consumer before the reflection period has expired;
c. regarding betting and lotteries.
Article 9 – The price
- During the period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
- In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or stipulations; or
b. the consumer has the power to cancel the agreement with effect from the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
Article 10 – Conformity and warranty
- The company guarantees that the products and/or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and/or usability and on the date of the conclusion of the agreement existing legal provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
Article 11 – Delivery and execution
- The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive notification no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without penalty and the right to compensation.
- In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 30 days after termination.
- If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a pre-designated and the entrepreneur made known representative, unless expressly agreed otherwise.
Article 12 – Duration transactions duration, termination and renewal
- The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
- The consumer can cancel a contract that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due observance of the agreed cancellation rules and a notice period of up to one month.
- The consumer may conclude the agreements referred to in the previous paragraphs:
– cancel at any time and not be limited to termination at a specific time or during a certain period;
– at least cancel in the same way as they have entered into by him;
– always cancel with the same notice period as the entrepreneur has stipulated for himself.
- A contract that has been entered into for a definite period and that extends to the regular
delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed term.
- In deviation of the previous paragraph, a contract that has been concluded for a definite period and which extends to the regular delivery of daily news- and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer reaches this extended agreement by the end of the contract. of the extension can cancel with a notice period of no more than one month.
- A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of at least highest one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- Agreements with limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) are not tacitly continued and end automatically after the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness resist to cancelation before the end of the agreed term.
Article 13 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the commencement date of the cooling-off period as referred to in article 6 paragraph 1. In case of a contract for the provision of a service, this period after the consumer has received the confirmation of the agreement.
- When selling products to consumers, a prepayment of more than 50% may never be stipulated in general terms and conditions. If payment in advance is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s), before the stipulated advance payment has taken place.
- The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.
Article 14 – Complaints
- The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaint procedure.
- Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaint form from the website of the Stichting Webshop Keurmerk www.keurmerk.info. The complaint will then be sent to both the relevant entrepreneur and the Stichting Webshop Keurmerk.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute resolution.
Article 15 – Disputes
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
- Disputes between the consumer and the entrepreneur about the conclusion or performance of agreements with regard to products and services to be delivered or delivered by this entrepreneur, subject to the provisions below, can
be submitted by both the consumer and the entrepreneur to the customer. Disputes Committee Webshop, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
- A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
- No later than three months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
- If the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer will have to make a written statement within five weeks after a request made in writing by the entrepreneur, whether he wishes to do so or wants the dispute to be dealt with by the competent court. If the entrepreneur does not hear the choice of the consumer within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
- The Disputes Committee will decide under the conditions as laid down in the Disputes Committee regulations. The decisions of the Disputes Committee are made by way of binding advice.
- The Disputes Committee will not deal with a dispute or will discontinue the proceedings if the Entrepreneur has been granted a moratorium, has been declared bankrupt or has actually ended his business activities, before a dispute has been dealt with by the Committee at the hearing and a final statement has been made.
- If, in addition to the Geschillencommissie Webshop, another accredited or with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Complaints Institute for Financial Services (Kifid) affiliated disputes committee is competent for disputes concerning mainly the method of sale or provision of services at a distance from the Geschillencommissie Webshop. For all other disputes the other recognized disputes committee affiliated to SGC or Kifid.
Article 16 – Branche guarantee
- The Stichting Webshop Keurmerk guarantees the fulfillment of the binding recommendations of the Geschillencommissie Webshop by its members, unless the member decides to submit the binding opinion within two months after sending it to the court for review. This guarantee revives if the binding advice has been maintained after review by the court and the judgment that shows this has become final and conclusive. Up to an amount of € 10,000 per binding advice, this amount is paid to the consumer by the Stichting Webshop Keurmerk. For amounts greater than € 10,000 per binding advice, € 10,000 will be paid out. For the multiple, the Stichting Webshop Keurmerk has a best effort obligation to ensure that the member complies with the binding advice.
- Application of this guarantee requires that the consumer makes a written appeal to the Stichting Webshop Keurmerk and that he transfers his claim on the entrepreneur to the Stichting Webshop Keurmerk. If the claim on the entrepreneur amounts to more than € 10,000, the consumer is offered to transfer his claim in so far as it exceeds the amount of € 10,000, to the Stichting Webshop Keurmerk, after which this organization will pay the costs in its own name and costs. payment of this in court will be demanded to the satisfaction of the consumer.
Article 17 – Additional or different provisions
Additional provisions or deviating 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 medium.
Article 18 – Modification of the terms and conditions of webshop keurmerk
- The Stichting Webshop Keurmerk will not amend these general terms and conditions in consultation with the Consumers’ Association.
- Amendments to these terms and conditions shall only take effect after they have been published in the appropriate manner, on the understanding that in case of applicable changes during the term of an offer the most favorable provision for the consumer will prevail.
Address Webshop Foundation Trustmark:
Willemsparkweg 193, 1071 HA Amsterdam
Last update 1 July 2012