Terms and Conditions
Table of Contents
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the withdrawal period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the trader in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional guarantee
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Branch guarantee
Article 19 - Additional of different provisions
Article 20 - Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk
- Ancillary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the trader or by a third party on the basis o fan arrangement between that third party and the trader;
- Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Continuing performance contract: a contract for the regular supply of goods, services and/or digital content for a defined period of time;
- Durable data carrier: every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation or use during a period that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
- Right of withdrawal: the consumer's option to waive the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products, (access to) digital content and/or services to consumers at a distance;
- Distance contract: an agreement concluded between the Entrepreneur and the Consumer as part of an organised system for the distance sale of products, digital content and/or services, under which, up to and including the inclusion of the agreement, exclusive or partial use is made of one or more techniques for distance communication;
- Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions;
- Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to come together in the same room at the same time.
1071 DC Amsterdam
Phone number: 020-2610100 on workdays between 09.00 and 17.00 hours
E-mail address: email@example.com
BTW-identification number: NL860827616B01
Chamber of Commerce number: 7688889076
- These general terms and conditions apply to every offer of N-Brands Online B.V and to every distance contract concluded between entrepreneur and consumer;
- Before the distance agreement is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, N-Brands Online B.V. shall, before the distance agreement is concluded, indicate in what way the general terms and conditions can be inspected at N-Brand Online B.V. and that they will be sent free of charge as soon as possible at the consumer's request;
- If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a sustainable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request;
- In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favourable to him.
- If an offer has a limited duration or is made subject to conditions, this will be explicitly stated in the offer;
- The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products, services and/or digital content. 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 accepting the offer.
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the terms and conditions stipulated therein;
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement;
- If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall 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 himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons;
- The entrepreneur will, at the latest when delivering the product, service or digital content to the consumer, send the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
1. The visiting address of the trader's establishment where the consumer can go with complaints;
2. The conditions on which and the way in which the consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal;
3. The information on guarantees and existing after-sales services;
4. The price including all taxes on the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
5. The requirement for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
6. If the consumer has a right of withdrawal, the model withdrawal form;
- In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
- The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The operator may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s). If DHL decides to strike, we will extend the return period.
- The cooling-off period referred to in paragraph 1 starts 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:
1. If the consumer has ordered several products in one order; the day on which the consumer, or a third party indicated by the consumer, has received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times.
2. If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party indicated by him, has received the last shipment or part;
3. For contracts for regular delivery of products during a given period: the day on which the consumer, or a third party designated by him, received the first product.
- The consumer may cancel a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s);
- The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract;
- Extended cooling-off period for products, services and digital content not supplied on a tangible medium in case of failure to inform about right of withdrawal;
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires 12 months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article;
- If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months after the effective date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
- During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop;
- The consumer is only liable for diminished value of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1;
- The consumer is not liable for depreciation of the product if the trader did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the contract.
- If the consumer exercises his right of withdrawal, he shall notify the trader within the withdrawal period by means of the model withdrawal form or in another unambiguous manner;
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorised representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product himself. The consumer has complied with the return period in any case if he returns the product before the cooling-off period has expired. If DHL decides to strike, we will extend the return period;
- The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur;
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer;
- N-Brands Online B.V. shall bear the direct costs of returning the product;
- If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity starts during the withdrawal period, the consumer shall owe the entrepreneur an amount proportionate to that part of the commitment fulfilled by the entrepreneur at the time of withdrawal compared to the full fulfilment of the commitment;
- The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
1. the trader has not provided the consumer with the legally required information on the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form, or;
2. the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the withdrawal period.
- The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
1. he has not expressly consented, prior to its delivery, to the beginning of the performance of the contract before the end of the cooling-off period;
2. he has not acknowledged losing his right of withdrawal when giving his consent; or
3. the trader has failed to confirm this declaration by the consumer;
- If the consumer makes use of his right of withdrawal, all additional contracts are dissolved by operation of law.
- If the trader enables the consumer to report his withdrawal electronically, he shall send a confirmation of receipt of this report without delay;
- The entrepreneur reimburses all payments of the consumer, charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer proves that he has returned the product, whichever is earlier;
- The entrepreneur shall use the same means of payment used by the consumer for repayment, unless the consumer agrees to another method. The refund is free of charge for the consumer;
- If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
- Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
- Contracts concluded during a public auction. A public auction means a method of sale in which products, digital content and/or services are offered by the entrepreneur to consumers who attend or are given the opportunity to attend the auction in person, under the guidance of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
- Service contracts, after full performance of the service, but only if:
1. performance has begun with the consumer's express prior consent; and
2. the consumer has declared that he loses his right of withdrawal once the trader has fully performed the contract;
- Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance thereof and other than for residential purposes, carriage of goods, car rental services and catering;
- Contracts related to leisure activities, if the contract provides for a specific date or period of performance thereof;
- Products manufactured to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
- Products which by their nature are irrevocably mixed with other products after delivery;
- Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
- Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
- Newspapers, magazines or journals, with the exception of subscriptions to these;
- The delivery of digital content other than on a material carrier, but only if:
1. the performance has started with the consumer's express prior consent; and
2. the consumer has declared that he thereby loses his right of withdrawal.
- Prices are subject to change at any time;
- The entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer;
- The price mentioned in the offer of products or services include VAT.
- The trader guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use;
- An additional guarantee provided by the trader, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the trader on the basis of the contract if the trader has failed to fulfil his part of the contract;
- Extra warranty means any commitment by the entrepreneur, his supplier, importer or manufacturer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfil his part of the agreement.
- "If DHL decides to strike, we will extend the return period";
- The entrepreneur will take the greatest possible are when receiving and executing orders of products and when assessing requests for the provision of services;
- The place of delivery is the address that the consumer has made known to the entrepreneur;
- Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will carry out accepted orders with convenient speed but at the latest within 30 days, unless other delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages;
- After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay;
- The risk of damage and/or loss of products rests with the entrepreneur until te moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
- The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a maximum notice period of one month;
- The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services at any time towards the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month;
- The consumer may amend the agreements mentioned in the previous paragraphs:
1. terminate at any time and not be limited to termination at a particular time or period;
2. at least terminate them in the same way as they were entered into by him;
3. always terminate with the same notice period as the entrepreneur has stipulated for himself.
- A contract entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite duration;
- Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period of exceeding one months;
- A fixed-term contract that has been concluded for the regular supply of products or services may be tacitly extended for an indefinite period only if the consumer may terminate it at any time with a period of notice that does not exceed one month. The period of notice shall not exceed three months if the contract is for the regular delivery of daily or weekly newspapers or magazines, but less than once a month;
- A limited duration contract to regularly deliver daily-, news- and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
- If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
- Unless otherwise provided for in the agreement or additional conditions, the amounts owed by the consumer should be paid within 14 days after the start of the reflection period, or, in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts the day after the consumer receives the confirmation of the agreement;
- When selling products to consumers, general terms and conditions may never oblige the consumer to pay more than 50% in advance. Where advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made;
- The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur;
- If the consumer does not timely meet his payment obligation(s), he is, after he has been notified by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the non-payment within this 14-day period, due to statutory interest on the amount due and the entrepreneur has the right to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% over outstanding amounts up to €2.500; 10% over the next €2.500 and 5% over the next €5.000, with a minimum of €40. The entrepreneur may deviate from the mentioned amounts and percentages for the benefit of the consumer;
- New payment conditions apply to Belgian consumers: https://www.afterpay.be/be/footer/betalen-met-afterpay/betalingsvoorwaarden
- The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure;
- Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described;
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respons within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer;
- A complaint about a product, service or the entrepreneur's service can also be submitted via a complaint form on the consumer page of the website of Stichting Webshop Keurmerk. The complaint will then be sent both to the entrepreneur in question and to Stichting Webshop Keurmerk;
- If the complaint cannot be solved by mutual agreement within a reasonable period or within 3 months after submission of the complaint a dispute will arise that is open to the dispute settlement procedure.
- Contracts between the entrepreneur and the consumer to which these general conditions are related are exclusively governed by Dutch law;
- Disputes between the consumer and the entrepreneur about the formation or the performance of contracts related to products and services to be delivered or that have been delivered by this entrepreneur can be submitted with the Geschillencommissie Webshop, Postbus 90600, 2509 LP in The Hague (www.sgc.nl) with due observance of the provisions set out below;
- A dispute will only be handled by the Disputes Committee if the consumer has first submitted his/her complaint to the entrepreneur within a reasonable period;
- At the latest twelve months after the dispute arose, the dispute must be submitted in writing to the Dispute Committee;
- If the consumer wishes to submit a dispute to the Dispute Committee, the entrepreneur is bound by this choice. When the entrepreneur wants to do so, the consumer will have to express in writing within five weeks after the 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 does not hear the consumer's choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court;
- The Dispute Committee makes a decision under the conditions as laid down in the regulations of the Dispute Committee. The decisions of the Dispute Committee are made by way of a binding advice;
- The Dispute Committee will not handle a dispute or will discontinue its handling if the entrepreneur has been granted a suspension of payments, gone bankrupt or has actually terminated his business activities before a dispute was handled by the committee at the session and a final decision was rendered;
- If, in addition to the Geschillencommissie Webshop, another dispute committee recognised by or affiliated to the Stichting Geschillencommissies for Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, the Geschillencommissie Stichting Webshop Keurmerk will have preference over the Geschillencommissie Webshop Keurmerk for disputes concerning primarily the method of distance selling or provision of services. For all other disputes the other disputes committee recognised by SGC or affiliated with Kifid;
- These terms have been translated from Dutch. When in doubt during a dispute the Dutch text of these general terms is determinative.
- Webshop Keurmerk guarantees the fulfilment of the binding advice of the Disputes Committee Stichting Webshop Keurmerk by its members unless the member decides to submit the binding opinion to the court for review within two months after sending the binding opinion. This guarantee revives if the binding opinion is upheld after review by the court and the judgement from which this is apparent has become final. Up to an amount of €10.000,- per binding opinion, this amount will be paid to the consumer by Webshop Keurmerk. For amounts greater than €10.000,- per binding opinion, €10.000,- will be paid. For the excess, Webshop Keurmerk has a best-efforts obligation to ensure that the member complies with the binding opinion;
- The application of this guarantee requires the consumer to submit a written appear to Stichting Webshop Keurmerk and to transfer the claim on the entrepreneur to Stichting Webshop Keurmerk. If the claim of the entrepreneur exceeds €10.000,- the consumer will be offered to transfer his claim to the extent that it exceeds the amount of €10.000,- to Stichting Webshop Keurmerk, who will in its own name an costs claim the payment thereof in court to satisfy the consumer.
- Webshop Keurmerk will not change these General Terms and Conditions other than in consultation with the Consumer's Association;
- Amendments to these General Terms and Conditions will only come into force after they have been published in an appropriate way, on the understanding that the provision that is most is most favourable to the consumer shall prevail in the case of applicable amendments during the term of an offer. Address Stichting Webshop Keurmerk: Willemsparkweg 193, 1071 HA, Amsterdam