9.6
General terms and conditions
General terms and conditions of the Stichting Webshop Keurmerk
These General Terms and Conditions of Stichting Webshop Keurmerk have been drawn up in consultation with the Consumers' Association within the framework of the Coordination Group Self-Regulation Consultation (CZ) of the Social and Economic Council and will enter into force on 1 June 2014.
These General Terms and Conditions will be used by all members of Stichting Webshop Keurmerk with the exception of financial services as referred to in the Financial Supervision Act and insofar as these services are supervised by the Netherlands Authority for the Financial Markets (Autoriteit Financiële Markten).
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the economic operator
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the economic operator 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 15(2) - Subsequent payment
Article 16 - Complaints procedure
Article 17 Disputes
Article 18 - Branch guarantee
Article 19 - Additional or exceptional provisions
Article 20 - Amendment of the general terms and conditions of Stichting Webshop Keurmerk
Article 1 - Definitions
In these terms and conditions, the following terms shall have the meanings set forth below:
Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement 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 relating to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period of time;
Durable data carrier: any tool - including e-mail - that enables the consumer or trader to store information that is addressed personally to him in a way that 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 possibility for the consumer to renounce 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 remote services to consumers;
Distance contract: an agreement concluded between the trader and the consumer within the framework of an organised system for the distance selling of products, digital content and/or services, in which up to and including the conclusion of the agreement exclusively or partly use is made of one or more techniques for distance communication;
Model withdrawal form: the European withdrawal form set out in Annex I to these Terms and Conditions;
Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same place at the same time;
Article 2 - Identity of the economic operator
Entrepreneur's name The Green Beauty Shop
The Green Beauty Shop is a store of WeB Specials, based in Hellevoetsluis, The Netherlands;
Email: [email protected]
Chamber of Commerce number: 55536824
VAT number: NL002012460B64
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before concluding a distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the trader's and that they will be sent to the consumer free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, then, 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 the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or otherwise free of charge at the consumer's request.
In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting terms and conditions.
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 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 entrepreneur makes use of images, these are a true representation of the products, services and/or digital content offered. Obvious errors or mistakes in the offer are not binding on 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.
Article 5 - The Agreement
Subject to the provisions of paragraph 4, the contract is concluded at the time of acceptance by the consumer of the offer and compliance with the conditions set out therein.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe 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 fulfil his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, giving reasons, or to attach special conditions to the execution.
At the latest upon delivery of the product, service or digital content to the consumer, the trader will send the following information, in writing or in such a way that the consumer can store it in an accessible way on a durable medium:
a. the visiting address of the establishment of the trader to which the consumer can address his or her complaints;
b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear indication as to whether the consumer is excluded from the right of withdrawal;
c. the information about warranties and existing after-sales service;
d. the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
For products:
The consumer can terminate a contract relating to the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The proprietor may ask the consumer about the reason for the withdrawal, but may not oblige the consumer to state his reason(s).
The cooling-off period referred to in paragraph 1 shall start on the day after the consumer or a third party, other than the carrier and indicated in advance by the consumer, has received the product; or
the day on which the consumer, or a third party designated by the consumer, has received the last product, if the consumer has ordered more than one product in the same order. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order of several products with a different delivery time.
where the delivery of a product consists of several consignments or parts, the day on which the consumer, or a third party designated by the consumer, has received the last consignment or part;
in the case of a contract for the regular supply of products over a given period of time, the day on which the consumer, or a third party designated by him, has received the first product.
In the case of services and digital content which is not supplied on a tangible medium:
The consumer may terminate a service contract and a contract for the supply of digital content which has not been supplied on a tangible medium, for at least 14 days, without giving any reason. The proprietor may ask the consumer about the reason for the withdrawal, but may not oblige the consumer to state 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 the event of failure to inform about the right of withdrawal:
If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period ends twelve months after the end of the original cooling-off period set 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 of the starting date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer has received this information.
Article 7 - Obligations of the consumer during the cooling-off period
During the cooling-off period, the consumer will treat the product and its packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and operation 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 shall only be liable for any diminished value of the product resulting from a handling of the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation of the product if the trader did not provide him with all the legally required information about the right of withdrawal before or at the time of the conclusion of the contract.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer exercises his right of withdrawal, he must notify the trader of this within the cooling-off period by means of the standard withdrawal form or in some other unambiguous way.
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 necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has respected the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the entrepreneur's reasonable and clear instructions.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The direct costs of returning the product are borne by the consumer. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates that he has to bear the costs himself, the consumer does not have to bear the costs for returning the goods.
If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity that are not put up for sale in a limited volume or set quantity starts during the reflection period, the consumer owes the entrepreneur an amount that is proportional to that part of the commitment that the entrepreneur has fulfilled 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, which are not put up for sale in a limited volume or set quantity, or for the supply of district heating, if such costs are not incurred:
the trader has not provided the consumer with the information required by law on the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form, or
the consumer has not expressly requested the start of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
The consumer shall not bear any costs for the supply of digital content not supplied on a tangible medium, in whole or in part, if that is the case:
it has not expressly agreed, prior to its delivery, to the commencement of performance of the contract before the end of the cooling-off period;
he or she has not acknowledged losing his or her right of withdrawal when giving his or her consent; or
the trader has failed to confirm this statement of the consumer.
If the consumer exercises his right of withdrawal, all supplementary contracts shall be cancelled by operation of law.
Article 9 - Obligations of the economic operator in the event of withdrawal
If the entrepreneur makes the notification of withdrawal by the consumer possible in an electronic way, he will immediately send an acknowledgement of receipt after receiving this notification.
The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days of the day on which the consumer notifies him of the withdrawal. Unless the operator offers to collect the product himself, he may wait until he has received the product or until the consumer proves that he has returned the product, whichever is the sooner.
The trader uses the same means of payment as the consumer has used for reimbursement, unless the consumer agrees to another method. Reimbursement shall be free of charge to the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to 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 has clearly stated this in the offer, at least in time for the conclusion of the contract:
Products or services of which the price is bound to fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period
Contracts concluded by public auction. A public auction is defined as a method of sale in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
Service contracts, after full execution of the service, but only if:
performance has begun with the consumer's express prior consent; and
the consumer has declared that he loses his right of withdrawal as soon as 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 and other than for residential purposes, freight transport, car rental services and catering;
Leisure contracts, if the contract provides for a specific date or period of performance;
Products manufactured to consumer 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 deteriorate quickly or have a limited shelf life;
Sealed products which, for reasons of health protection or hygiene, are not suitable for return and whose sealing is broken after delivery;
Products that after delivery are by their nature irrevocably mixed with other products;
Alcoholic beverages the price of which was agreed when the contract was concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the trader has no influence;
Sealed audio, video recordings and computer software, the sealing of which is broken after delivery;
Newspapers, magazines or magazines, with the exception of subscriptions to these;
The supply of digital content on any medium other than a tangible medium, but only if:
performance has begun with the consumer's express prior consent; and
the consumer has declared that this will deprive him of his right of withdrawal.
Article 11 - The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
Contrary to the previous paragraph, the operator may offer products or services whose prices are subject to fluctuations in the financial market and over which the operator has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices shall be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases as from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
a. they are the result of legal regulations or provisions; or
b. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services are inclusive of VAT.
Article 12 - Performance of the agreement and additional guarantee
The trader guarantees that the products and / or services meet the agreement, the 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 use other than normal.
An additional guarantee provided by the trader, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer, on the basis of the agreement, can enforce against the trader if the trader has failed to fulfil his part of the agreement.
An additional guarantee is understood to mean any obligation on the part of the trader, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfil his part of the agreement.
Article 13 - Delivery and execution
The entrepreneur will take the greatest possible care in receiving and in the execution of orders of products and in the assessment of requests for the provision of services.
The place of delivery is the address that the consumer has made known to the trader.
With due observance of what is stated in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with due speed but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be carried out, the consumer receives no later than 30 days after he has placed the order notice. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the trader will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the Entrepreneur until the moment of delivery to the Consumer or a representative appointed in advance and announced to the Entrepreneur, unless explicitly agreed otherwise.
Article 14 - Duration transactions: duration, termination and extension
Termination:
The consumer can terminate a contract for an indefinite period of time, which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of at most one month.
The consumer can terminate a fixed-term contract, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, with due observance of the agreed termination rules and a notice of at most one month.
The consumer can choose the contracts referred to in the previous paragraphs:
- (c) to give notice of termination at any time and not be limited to termination at a specific time or in a specific period of time;
- at least terminate in the same manner as they have entered into by him;
- always terminate with the same notice as the company has stipulated for itself.
Prolongation:
A fixed-term contract, which extends to the regular delivery of products (including electricity) or services, may not be tacitly renewed or renewed for a fixed period.
Contrary to the previous paragraph, a fixed-term contract that has been concluded and that extends to the regular delivery of daily newspapers, weeklies and periodicals may be tacitly renewed for a fixed term of no more than three months, if the consumer can terminate this extended contract towards the end of the renewal with a notice of no more than one month.
A fixed-term contract that is intended for the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer is at all times entitled to terminate with a notice of up to one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, weekly and news newspapers and periodicals.
A contract of limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial subscriptions or introductory subscriptions) will not be tacitly continued and will automatically end at the end of the trial or introductory period.
Duration
If a contract lasts more than one year, after one year of the contract the consumer may at any time terminate with a notice of up to one month, unless reasonableness and fairness dictate otherwise before the end of the agreed term.
Article 15 - Payment
Unless otherwise stipulated in the contract or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period, or in the absence of a cooling-off period within 14 days of the conclusion of the contract. In the case of a contract for the provision of a service, that period shall begin on the day following the day on which the consumer receives confirmation of the contract.
When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the order or service(s) in question, before the stipulated advance payment has taken place.
The consumer has the obligation to immediately report any inaccuracies in the payment details provided or mentioned to the entrepreneur.
If the consumer fails to meet his payment obligation(s) on time, he will owe the statutory interest on the outstanding amount after the consumer has been notified by the trader of the late payment and the trader has allowed the consumer a period of 14 days to meet his payment obligations, after the failure to do so within this 14-day period, and the trader is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500 and 5% on the next € 5,000, = with a minimum of € 40. The entrepreneur may deviate from the aforementioned amounts and percentages to the benefit of the consumer.
Article 15(2) - GENERAL CONDITIONS ACHTERAF BETAALSERVICE
These are the general terms and conditions that apply to consumers who use backPayments. If you use Subsequent Payment, you agree to the following terms:
Conditions for use after payment:
As a consumer, you are resident in the Netherlands and as a Customer of De Green Beauty Shop you have purchased products and/or services with an invoice and delivery address (not a PO Box) in the Netherlands;
You are 18 years of age or older;
In order to limit the financial risks of this payment option, your order will be tested at Focum Commerce B.V. On the basis of this assessment it will be determined whether De Green Beauty Shop accepts your request for retrospective payment. If this is not the case, you will be asked to pay for the order in advance via another payment option;
You declare that all (additional) information required for the application of your request for retrospective payment, has been provided correctly and completely and gives permission to process your data and to check your data online with Focum Commerce B.V., so that we can immediately let you know whether your application has been accepted;
You are obliged to inform De Green Beauty Shop of any address and/or e-mail change. As long as we have not received a change of address from you, you will be deemed to be residing at the last address known to us. Regardless of whether or not you provide an address and/or e-mail change, you remain obliged to pay the outstanding balance. Address and/or e-mail changes can be communicated to the Customer Service Department of De Green Beauty Shop via the website of De Green Beauty Shop by e-mail or in writing;
You declare that you have not applied for a suspension of payments or are in debt rescheduling/intermediation (in accordance with the Natural Persons Debt rescheduling Act), have not been declared bankrupt or placed under guardianship and are not in any procedure that could result in bankruptcy, suspension of payments or placing in receivership.
Method of payment:
The Green Beauty Shop has outsourced the processing of your payment to Buckaroo Online Payment Services B.V. (www.buckaroo.nl). If your application has been accepted, you will receive from Buckaroo, on behalf of or on the instructions of De Green Beauty Shop, in addition to the (digital) invoice, shortly after an Email with payment link. Both the invoice and the linked Email indicate how you should pay the invoice (after receipt of the goods and/or services).
You acknowledge that Buckaroo offers services for the processing of online payments from you to De Green Beauty Shop and that Buckaroo displays and/or will display notifications and notifications in this respect and performs or will perform actions on behalf of De Green Beauty Shop, which is also recognised as such by you as a valid and correct notification, communication and/or action by or on behalf of De Green Beauty Shop.
The aforementioned invoice states how you should pay the invoice (after receipt of the goods and/or services). For your convenience Buckaroo will also send you an Email with payment link, with which you can also pay the invoice. Always pay on time according to the instructions on the invoice or via the Payment Email. This will prevent collection costs that are charged to you if the payment term is exceeded.
In order to receive the Payment Email, it is important that you provide a correct Email address. If you enter an incorrect Email address, you will not receive payment information via the Payment Email. You must therefore check your specified Email address for correctness, as well as the receipt of an Email with payment link from Buckaroo.
Terms of payment and payment term:
The amount due for your purchases must be received in full by Buckaroo Online Payment Services B.V. within a period of fourteen (14) days after the invoice date, without any deduction or set-off.
If you have not paid the full invoice amount within fourteen (14) days after the date of the invoice, you will be in default without further notice of default.
If the payment term is exceeded, De Green Beauty Shop will be entitled to charge a fee for costs incurred in obtaining extrajudicial payment (collection costs). These collection costs may amount to the statutory maximum compensation for costs incurred to obtain extrajudicial payment. After charging collection costs, you must pay the entire invoice amount as well as the collection costs immediately in order to prevent further (extra)judicial collection costs.
For the sending of the payment reminder and the charging of collection costs when the payment term is exceeded, use is made of the Email address provided by you and the Email address checked for accuracy by you. You will receive an email with a payment link. Not (being able to) receive an Email does not affect your responsibility to pay the entire invoice amount on time as well as the collection costs charged.
If, despite a summons and/or reminders, you do not pay the full amount (invoice amount as well as collection costs), then De Green Beauty Shop will, all this in accordance with these general terms and conditions, thirty-five (35) days after the date of the invoice, transfer the entire claim against you (principal sum as well as collection costs and otherwise) to Focum Commerce B.V.
If a claim is transferred to Focum Commerce B.V., in addition to paying the entire claim, you are also obliged to pay the statutory maximum compensation for costs incurred in obtaining payment extrajudicially (extrajudicial collection costs) as well as (any) judicial collection costs, and you are also required to pay statutory interest on the amount owed from the due date. After transfer Focum Commerce B.V. will contact you with how you can pay and you are and remain obliged to pay the amount due at that time.
After transfer of the claim you are obliged to inform Focum Commerce B.V. (or the collection agency engaged by it) of any address and/or e-mail change during the period that you are obliged to pay the amount due. As long as they have not received a change of address from you, you will be deemed to be residing at the last address known to us and you will remain obliged to pay the amount due at that time. The passing on of address and/or e-mail changes to Focum Commerce B.V. can be done in writing. The address details can be found on the website www.achterafbetalen.nl.
If you do not pay the full amount (invoice amount as well as the collection costs) or do not pay it in full or in time, this may have consequences for any approval by Focum Commerce B.V. of every subsequent request from you for retrospective payment.
Privacy Statement of Focum Commerce and Focum Solutions B.V.:
By choosing the option of a posteriori payment, the data entered by you and payment experience(s) with you are included in the database of Focum Commerce and Focum Solutions B.V. Focum Commerce and Focum Solutions B.V. can use this data - whether or not in statistical form - for creditworthiness assessment, acceptance of your application for the option of a posteriori payment, prevention and reduction of fraud, reduction of financial risks of Focum Commerce, Focum Solutions B.V. and companies affiliated with Focum Commerce and/or Focum Solutions B.V. as well as clients, relationship management, analyses for clients, strategic considerations and considerations from a management perspective as well as the development of services and products or in any other way as stated by the Dutch Data Protection Authority (College Bescherming Persoonsgegevens).
If desired, you will receive a written message stating the reasons why Focum Commerce B.V. refused your request.
Article 16 - Complaints procedure
1. The entrepreneur has a sufficiently well-publicized complaints procedure and handles
the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the contract must be made within a reasonable time after the consumer
has identified the defects, is complete and clearly described and submitted to the
entrepreneur.
3. Complaints submitted to the entrepreneur are counted within a period of 14 days from
replied to the date of receipt. If a complaint a foreseeably longer processing time
is answered by the entrepreneur within the period of 14 days with a message of
receipt and an indication of when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the service of the entrepreneur can also be
submitted via a complaints form on the consumer page of the Foundation's website
Webshop Keurmerk (http://keurmerk.info/Home/MisbruikOfKlacht) The complaint will then be sent both to
the entrepreneur concerned as sent to Stichting Webshop Keurmerk.
5. If the complaint is not sent within a reasonable period or within 3 months after the submission of the complaint, the Entrepreneur in question will be deemed to be in default.
the complaint can be resolved by mutual consultation, a dispute arises that is open to the
dispute resolution.
Article 17 - Disputes
1. On contracts between the entrepreneur and the consumer on which these general conditions
shall exclusively be governed by Dutch law.
2. Disputes between the consumer and the entrepreneur about the establishment or implementation of
agreements with regard to products to be delivered or delivered by this entrepreneur and
services, may, subject to the following provisions, both by the consumer and the
The entrepreneur will be submitted to the Geschillencommissie Webshop, Postbus 90600, 2509 LP.
The Hague (www.sgc.nl).
3. A dispute will only be dealt with by the Disputes Committee if the
consumer has first submitted his complaint to the trader within a reasonable time.
4. No later than twelve months after the dispute arose, the dispute must be submitted in writing to the
Disputes Committee.
5. When the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is
tied to this choice. When the entrepreneur wants to do so, the consumer within five
weeks after a written request to that effect by the entrepreneur, in writing to be
whether he also wishes to do so or whether he wishes to have the dispute dealt with by the competent authority
the entrepreneur learns the choice of the consumer. The entrepreneur does not hear the consumer's choice within the period of five weeks,
then the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee pronounces its decision under the conditions as laid down in the
rules of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/decommissies/2701/webshop).
The decisions of the Disputes Committee are made by means of
binding opinion.
7. The Disputes Committee will not deal with a dispute or will discontinue dealing with it if the Disputes Committee is not satisfied with the outcome.
entrepreneur has been granted a suspension of payments, has gone bankrupt or has been declared bankrupt
has effectively ceased business activities before a dispute is settled by the committee at the session
and a final decision has been taken.
8. If, in addition to the Disputes Committee Webshop, another person is recognised by or registered with the Foundation
Disputes Committees for Consumer Affairs (SGC) or the Complaints Institute Financial
Services (Kifid) is competent for disputes concerning
mainly the method of distance sales or services the Disputes Committee
Stichting Webshop Keurmerk preferably competent. For all other disputes the other recognized
Disputes Committee affiliated to SGC or Kifid.
Article 18 - Sector guarantee
1. Stichting Webshop Keurmerk guarantees compliance with the binding recommendations of the
Disputes Committee Stichting Webshop Keurmerk by its members, unless the member decides it
binding opinion within two months of its transmission for judicial review.
This guarantee shall revive if the binding opinion is upheld after review by the court. This guarantee revives if the binding opinion is upheld after review by the court.
and the judgment establishing it has acquired the force of res judicata. Up to a maximum of
amount of €10.000,- per binding opinion, this amount will be paid by Stichting Webshop Keurmerk to
the consumer is paid out. For amounts greater than €10.000,- per binding advice, €10.000,- will be paid to the consumer.
Stichting Webshop Keurmerk has an obligation to perform to the best of its ability. For the excess, Stichting Webshop Keurmerk has an obligation to use its best efforts to
to ensure that the member complies with the binding opinion.
2. The application of this guarantee requires the consumer to make a written appeal to it.
at Stichting Webshop Keurmerk and that he transfers his claim on the entrepreneur to Stichting Webshop Keurmerk mark. If the claim on the Entrepreneur exceeds €10,000, -, the Entrepreneur's
consumer offered his claim insofar as it exceeds the amount of € 10.000,- about
to be transferred to Stichting Webshop Keurmerk, after which this organisation will bear its own name and costs.
payment thereof in court will ask for payment to the consumer.
Article 19 - Additional or different provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be applied to the detriment of the client.
of the consumer and must be recorded in writing or in such a way that they are
can be stored by the consumer in an accessible way in a sustainable manner.
data carrier.
Article 20 - Amendment of the general terms and conditions of Stichting Webshop Keurmerk
1. Stichting Webshop Keurmerk will not change these general terms and conditions except in consultation with the
Consumers' Association.
2. Changes in these conditions are only effective after they have been made in an appropriate manner.
are published, provided that in the event of applicable changes, during the term of the contract, the following shall apply
an offer will prevail over the most favourable provision for the consumer.
Address of Stichting Webshop Keurmerk:
Willemsparkweg 193, 1071 HA Amsterdam
Annex I: Model withdrawal form
Model withdrawal form
(Only fill in this form and return it if you wish to withdraw from the contract)
- On: The Green Beauty Shop
Hellevoetsluis
- I/We* hereby give notice that I/We* our agreement concerning
the sale of the following products: product]* indication
the supply of the following digital content: [insert digital content]*.
the provision of the following service: [indication of service]*,
recalled*
- Ordered on*/received on* [date of order for services or receipt for products]
- Consumer name(s)
- Consumer address(s)
- Consumer(s)' signature (only if this form is submitted on paper)
Delete as appropriate or complete as appropriate.
