RECOGNITION OF ELECTRONIC COMMUNICATION
- The Provider shall recognise electronic communication and not deny its validity or its legal effect based on the mere fact that the communication is electronic.
- The products or services offered shall be clearly described by the Provider, if possible with pictorial representation.
- The current consumer prices of the products or services offered shall be clearly indicated by the Provider.
- There are no hidden extra costs such as taxes (VAT) or packaging and/or shipping costs.
- If there is a limited term of validity of the offer, this limitation shall be indicated clearly.
- The Provider shall clearly indicate the delivery period that applies to the offer on its website.
- Any information about independent quality assessments of products or services shall be given in the offer. In addition, full information must be given about the organisation from which the qualification was obtained.
MODES OF PAYMENT
- The Provider shall indicate the way in which the Consumer can pay, together with clear step-by-step instructions about the mode of payment.
- The Provider shall never stipulate in its General Terms and Conditions an advance payment of more than 50% for the sale of products to Consumers, though the products may be sent cash on delivery. Advance payment of over 50% may be agreed on; when an advance payment of more than 50% has been agreed on, the Consumer cannot assert any rights about the execution of the said order or service before the agreed advance payment has been made.
PROCEDURE OF PLACING AN ORDER
- The Provider shall clearly indicate via what steps the agreement will be effected.
- Before concluding the agreement, confirmation of the product or service to be provided and the price to be paid will be sent to the Consumer. On account of this confirmation, the agreement is concluded with a physical action by the Consumer (e.g. a mouse click).
THE COOLING-OFF PERIOD
- After having received the product, the Consumer has a 14-day cooling-off period to terminate the agreement without giving reasons and to return the product. If this is the case, the Consumer shall pay for returning the goods, except when the ‘money back guarantee’ rules are justly invoked. In case of termination, the Provider shall pay back the amounts paid within 30 days after the day on which the goods have been returned.
- A service can be terminated within 14 days after the first service. If a service is terminated within 14 days, the Consumer must pay for services already provided until the time of termination, except when the ‘money back guarantee’ is justly invoked.
- The Consumer can only effectively exercise his/her right of withdrawal within fourteen days if the goods in question are returned in full and undamaged, preferably as much as possible inside or with the original packing. Revocation is also possible if the goods are not complete and/or damaged (after complete and undamaged delivery), but in this case the Provider shall be reasonably compensated for the damage and/or incompleteness. After the cooling-off period and when the product is demonstrably defect or wrongly delivered, the Consumer must give the Provider a reasonable opportunity to deliver the right product at a later time.
- There is a cooling-off period of 14 working days in case of selling financial services. There is a cooling-off period of 30 working days in case of selling a mortgage credit and life insurance and individual retirement pension insurance policies.
- If the price of a product or service is wholly or partly covered by a loan, the loan agreement can be terminated without any penalty or costs if the Consumer makes use of his/her right to terminate the agreement.
- Limitations or exclusions of the right to terminate the agreement are only possible as a result of the specific nature of the product or the service. These limitations or exclusions shall clearly be mentioned in the offer together with an explanation of the limitation or exclusion.
- The Provider shall agree with the Consumer on a delivery time of 30 days at the most.
- When the agreed delivery time is exceeded for whatever reason, the Provider shall inform the Consumer without delay and offer the possibility to terminate the agreement free of charge. In such case, any payments already made shall be returned as soon as possible but always within 30 days after the termination.
- The Provider takes appropriate technical and organisational measures for the protection of the transfer of personal information and payments.
- If the Provider has been remiss in the above-mentioned measures, the Provider shall bear the consequences suffered by the Consumer.
- Relevant information about digital signatures or other certifications of communication shall be mentioned on the website while giving full information about the implications.
ADVERTISING AND PROMOTION
- If the Provider’s Internet page contains advertising and promotion material of third parties, they shall be clearly recognizable as such by e.g. giving the notification of ‘Advertisement’. The Webshop Keurmerk logo does not apply to manifestations by other providers nor shall the Provider imply that this is otherwise.
- All of the Provider’s advertisements and promotional activities shall not be inconsistent with the laws of the Netherlands and the Dutch Advertising Code. The Provider shall specifically keep the interests of minors in mind. If the provider has placed a logo on the site of the Stichting Webshop Quality Mark it will be entirely for account and responsibility of the provider. The Stichting Webshop Quality Mark assumes that the provider when using images has the appropriate license(s) and safeguards the Stichting Quality Mark against claims from third parties. The Stichting Webshop Quality Mark is not liable for any abuse or unauthorized use of images in a logo of the provider.
- The Provider shall comply with the jurisdiction of the Advertising Code Committee.
- The Provider shall comply with Dutch legislation giving special attention to consumer legislation.
- The Provider is informed about the provisions for the protection of consumers laid down in the laws of the Netherlands. In all contacts with Consumers, the Provider shall undertake to refrain from practices that are in whatever way in violation of the Consumer’s legal rights. These statutory regulations specifically refer to statutory rules for consumer sale, general terms and conditions, product liability, misleading advertisements and assignments mentioned in the [Dutch] Civil Code and the statutory regulations about the protection of personal privacy.
- The Provider shall specify all contact possibilities at an accessible place on its website (telephone number, fax number, postal address, location of physical branches, and Email address). The Provider shall also give its registration number with the Chamber of Commerce and its VAT number.
- The Provider that makes use of the general terms and conditions and/or guarantee terms (which you can find above this page), in sort referred to as terms and conditions, shall ensure that the terms and conditions are available when concluding an agreement. The text of the terms and conditions are integrally included on the Provider’s website. At the Consumer’s request, the Provider shall send the Consumer a copy of the terms and conditions.
- The terms and conditions are drawn up in the Dutch language. If the website also attracts foreign consumers, the Provider shall ensure that the terms and conditions are given in at least the English language.
- The Provider that makes use of the terms and conditions shall not invoke these terms and conditions in contracts with Consumers if these terms and conditions are inconsistent with or impair the Consumer’s statutory rights or the provisions of this Keurmerk code. This also means that the general terms and conditions shall not contain any provisions that are mentioned in the grey or black list as referred to in Article 236 and 237 of Book 6 of the [Dutch] Civil code, or which are otherwise unreasonably onerous.
- Despite other terms and conditions in the agreement concluded between the Provider and the Consumer, the terms and conditions of the Webshop Keurmerk code shall take precedence over the terms and conditions applied by the Provider.
MONEY BACK GUARANTEE
- The Provider guarantees that the products and/or goods provided conform to the agreement and fulfil the specifications given in the offer.
- The Provider shall pay the whole purchase amount back if, promptly after delivery and/or discovery, it appears that the products or services are not good or differ from the ordered products of services. Any requests for remedy, replacement or delivery of the defect or the missing item shall be granted by the Provider.
- All goods must be returned as soon as possible and in any case within 14 days after the Consumer has made his/her complaint known to the Provider.
- The Consumer is obliged to inform the Provider within a reasonable time (within due time) after having noticed the defect. The Consumer shall return the received products promptly after notification and at the Provider’s request.
- In its offer, the Provider makes clear whether there is a guarantee, what terms and conditions apply and who gives the guarantee.
- The Provider shall specify that the guarantee terms do not impair the Consumer’s rights arising from the law or from the agreement.
- The Provider shall send an invoice with the physically delivered products and services.
- All administrative errors shall be corrected as soon as possible but at least within 14 days after notification.
- The Consumer can make any possible complaints known to the Stichting Webshop Keurmerk via the complaints form on the contact page. Complaints shall be handled promptly.
- The Provider shall render cooperation to Stichting Webshop Quality Mark in solving the dispute.
COMPLAINTS AND DISPUTE SETTLEMENT PROCEDURE
- The Provider shall have a simple complaints procedure for its clients.
- The Provider shall explain on the website how the complaints procedure works and how to submit a complaint.
- In case of a dispute, the Provider shall point out the possibility of mediation by Stichting Webshop Keurmerk. Should mediation not lead to the desired result, the dispute can be submitted to the SGW Webshop Disputes Committee [Geschillencommissie Webshop van de SGC (www.sgc.nl)].
- The Provider shall give the details of the Complaints Committee or Ombudsman which it is affiliated with on its website.
- The Provider is obliged to cooperate in the settlement of disputes by the Webshop Disputes Committee and compliance with the binding advice arising from this.
- The laws of the Netherlands shall apply to all agreements with consumers residing in the Netherlands. The Provider shall submit to the jurisdiction of the competent judge of the Consumer’s place of residence or the Provider’s place of domicile, at the discretion of the Consumer.
DATA MANAGEMENT AND PRIVACY
- The Provider shall comply with the Registration of Personal Data Act [Wet Persoonsregistraties]. This also means that the Provider shall register the applicable registrations with the Registration Board [Registratiekamer].
- The Provider shall indicate why and which information about the Consumer it registered.
- The Provider shall ask the Consumer’s permission for sending addressed advertising material and/or for providing the Consumer’s personal data to third parties.
- Only if the Consumer has given explicit permission can the Provider send the Consumer addressed advertising material and/or provide personal data to third parties.
- The Provider shall offer the Consumer the possibility for stopping the dispatch of advertisements (whether electronic or not) at any time. The Provider shall include the applicable procedure in or with the dispatched publicity.
- The Provider shall make clear where and in what way the Consumer can inspect the data registered by the Provider and correct or delete them if required.
- The Provider shall give Customers a telephone number and an Email address to contact the Dutch-language customer care department. The Provider shall indicate at what time the Customer Care Department is available.