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Terms and conditions Webshop Trademark

These General Terms and Conditions of Stichting Webshop Keurmerk were drafted in consultation with the Consumentenbond [Consumer’s Association] in the context of the Self-regulation Coordination Group [Coördinatiegroep Zelfreguleringsoverleg CZ] of the Socioeconomic Council [Sociaal-ecomische Raad] and come into force on 1 June 2014.

 

 

 


CONTENTS

 

Article 1  - Definitions                                             

Article 2  - The Entrepreneur’s identity                      

Article 3  - Applicability                                          

Article 4  - The offer                                     

Article 5  - The agreement                                     

Article 6  - Right of withdrawal                                 

Article 7  - Consumer’s obligations during the reflection period                    

Article 8  - Exercising the Consumer’s right of withdrawal and the costs        

Article 9  - Entrepreneur’s obligation in case of withdrawal

Article 10 - Exclusion of the right of withdrawal  

Article 11 - The price                                    

Article 12 - Compliance and extra guaranty                          

Article 13 - Delivery and execution                            

Article 14 - Continuing performance contract: duration, termination and extension

Article 15 - Payment                                              

Article 16 - Complaints procedure                    

Article 17 - Disputes                                               

Article 18 - Sector guarantee                          

Article 19 - Additional or varying provisions        

Article 20 - Amendment to the General Terms and Conditions of Webshop Keurmerk 

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

1.             Additional agreement: an agreement in which the Consumer acquires          products, digital content and/or services with respect to a distance agreement    and these goods, digital content and/or services are delivered by the       Entrepreneur or a third party on the basis of an arrangement between this    third party and the Entrepreneur;

2.             Reflection period: the period during which the Consumer may use his right of withdrawal;

3.     Consumer: the natural person who does not act for purposes related to        his/her commercial, trade, craft or professional activities;

4.             Day: calendar day;

5.             Digital content: data produced and delivered in digital form;

6.             Continuing performance contract: a contract serving to deliver goods,       services and/or digital content in a given period;

7.             Sustainable data carrier: any means, including email, that allow the   Consumer or the Entrepreneur to store information directed to him/her        personally in such a manner that makes future consultation and use possible     during a period that matches the purpose for which the information is     destined and which makes unaltered reproduction of the stored information possible.

8.             Right of withdrawal: the Consumer’s option not to proceed with the    distance agreement within the cooling-off period;

9.             Entrepreneur: the natural of legal person who is a member of Stichting         Webshop Keurmerk and who provides products, (access to) digital content        and or services to Consumers at a distance;

10.         Distance contract: a contract concluded by the Entrepreneur and the          Consumer within the scope of an organised system for distance selling         products, digital content and/or services, whereby exclusive or additional   use is made of one or more technologies of distance communication up to the         conclusion of the contract;

11.          Standard form for withdrawal: the European standard form for         withdrawal included in Appendix 1;

12.         Technology for distance communication: a means to be used for     concluding an agreement without the Consumer and the Entrepreneur being          together in the same place at the same time.    

 

Article 2 – The Entrepreneur’s identity

Name of Entrepreneur A and A Artistics BV h.o-d- Flowers.NL;

Business address; grietsestraatb 41

 

Telephone number and the times at which the Entrepreneur can be reached by telephone:mo/vr from 8:00-18:00

Email address or other electronic communication means offered to the Consumer with the same functionality as email; sales@flowers.nl

Chamber of Commerce number;09064491

VAT identification number; NL806395965b01

 

If the Entrepreneur’s activity is subject to a relevant licensing regime: information about the supervising authority;

 

If the Entrepreneur practises a regulated profession:

     the professional association or professional organisation of which he is a         member;

     the title of his profession, the place in the EU or in the European Economic      Area   where it is awarded;

     a reference to the rules of professional practice which are applicable in the     Netherlands and information about where and how these rules of professional    practice        can be accessed.

 

Article 3 – Applicability

1.     These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the           Consumer.

2.     Before concluding a distance contract, the Entrepreneur shall make the text of          these General Terms and Conditions available free of charge and as soon as   possible. If this is reasonably impossible, the Entrepreneur shall indicate in         what way the General Terms and conditions can be inspected and that they         will be sent free of charge if so requested, before the distant contract is        concluded.  

3.     If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the        distance contract is concluded, may also be supplied to the Consumer          electronically in such a way that the Consumer can easily store it on a long- term data carrier. If this is reasonably impossible, it will be specified where         the General Terms and Conditions can be viewed electronically and that they         will be sent to at the          Consumer´s request free of charge, either via   electronic means or otherwise, before concluding the distance contract;

4.     In the event that specific product or service condition apply in addition to      these General Terms and Conditions, the second and third paragraphs shall          apply accordingly, and in the event of contradictory terms and conditions, the    Consumer may always appeal to the applicable provision that is most favourable to him/her.

 

Article 4 – The offer

1.     If an offer is of limited duration or if certain conditions apply, it shall be          explicitly stated in the offer.

2.     The offer contains a full and accurate description of the products, digital        content and/or services offered. The description is suitably detailed to enable    the Consumer to assess the products, or services and/or digital content         adequately. If the Entrepreneur makes use of pictures, they are truthful         images of the products and/or services provided. Obvious errors or mistakes    in the offer do not bind the Entrepreneur.

3.     All offers contain such information that it is clear to the Consumer what rights           and obligations are attached to accepting the offer.

 

Article 5 – The contract

1.     Subject to the provisions in paragraph 4, the contract becomes valid when the         Consumer has accepted the offer and fulfilled the terms and conditions set.

2.     If the Consumer accepted the offer via electronic means, the Entrepreneur     shall promptly confirm receipt of having accepted the offer via electronic        means. As long as the receipt of said acceptance has not been confirmed, the      Consumer may repudiate the contract.

3.     If the contract is concluded electronically, the Entrepreneur will take    appropriate technical and organisational security measures for the electronic        data transfer and ensure a safe web environment. If the Consumer can pay        electronically, the Entrepreneur shall observe appropriate security measures.

4.     The Entrepreneur may, within the limits of the law, gather information about    Consumer’s ability to fulfil his payment obligations, and all facts and factors          relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not         concluding the contract, he is lawfully entitled to refuse an order or request    supported by reasons, or to attach special terms to the implementation.

5.     Before delivering the product, the Entrepreneur shall send the following           information along with the product, the service or the digital content in writing      or in such manner that the Consumer can store it in an accessible manner on         a long-term data carrier:    
        a. the visiting address of the Entrepreneur´s business establishment where     the Consumer may get into contact with any complaints;       
        b. the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal; 
        c. the information corresponding to existing after-sales services and     guarantees;
        d. The price including all taxes of the product, service or digital content,        where applicable the delivery costs and the way of payment, delivery or       implementation of the distance contract;

        e. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.

        f. the standard form for withdrawal if the Consumer has the right of      withdrawal.

6.     In case of a continuing performance contract, the stipulation in the previous   paragraph only applies to the first delivery.

 

Article 6 – Right of withdrawal

In case of products:

1.             The Consumer can repudiate a purchase contract for a product without giving           reasons for a period of reflection of at least 14 days. The Entrepreneur        may    ask the Consumer about the reason for the withdrawal but cannot force         him to state his reason(s).

2.             The reflection period referred to in sub-clause 1 starts on the day the product          is received by the Consumer or by a third party appointed by him in advance       and who is not the carrier, or

a.             if the Consumer ordered several products in the same order: the day on           which the Consumer or a third party appointed by him received the              last product. The Entrepreneur may refuse an order of several products                with different delivery dates provided that he clearly informs the                          Consumer prior to the order process.

b.             in case the delivery of a product consists of several batches or parts:              the day on which the Consumer or a third party appointed by him            received the last batch or the last part.

c.             in case of an agreement about regular delivery of products during a                 given period: the day on which the Consumer or a third party appointed             by him received the first product.

 

In case of services and digital content that is not delivered on a physical carrier:

3.             The Consumer can terminate an agreement for services or an agreement         for delivery of digital content that is not delivered on a physical carrier         without giving reasons during at least 14 days. The Entrepreneur may ask         the Consumer about the reason for the withdrawal but cannot force him to    state his reason(s).

4.             The reflection period referred to in Article 3 starts on the day following the     conclusion of the agreement.

 

Extended reflection period for products, services and digital content that has not been delivered on a physical carrier in case no information is given about the right of withdrawal:

5.             If the Entrepreneur has not provided the Consumer with the legally required     information about the right of withdrawal or has not provided the standard   form for withdrawal, the reflection period expires twelve months after the      end of the original reflection period in accordance with the reflection period   determined in the previous sub-clauses of this Article.

6.             If the Entrepreneur provided the Consumer with the information referred         to in the previous article within twelve months after the starting day of the        original period of reflection, the period of reflection expires 14 day after the      day on which the Consumer received the information.

 

Article 7 – Consumer’s obligations during the time of reflection

1.             During this period, the Consumer shall handle the product and the packaging    with care. The Consumer shall only unpack or use the product to the extent        necessary for establishing the nature, the characteristics and the effect of the        product. The guiding principle is that the Consumer may only handle and   inspect the product in the manner in which one is allowed to handle a product           in a shop.

2.             The Consumer is only liable for the decrease in value of the product that is     caused by the way of handling the product which went further than     allowed in sub-section 1.

3.             The Consumer is not liable for the decrease in value of the product if the        Entrepreneur has not provided him with all legal information about the right of          withdrawal before concluding the Agreement.

 

Article 8 – Exercising the Consumer’s right of withdrawal and the costs

1.             If the Consumer exercises his right of withdrawal he shall notify the      Entrepreneur unambiguously with the standard form for withdrawal within the        period of reflection.

2.             The Consumer shall return the product or deliver it to (the authorized   representative of) the Entrepreneur as soon as possible but within 14 days      counting from the day following the notification referred to in sub-clause 1.   This need not be done if the entrepreneur offered to collect the product       himself. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of   reflection.

3.             The Consumer shall return the product with all delivered accessories and if      reasonably possible in the original state and packing and in conformity with           reasonable and clear instructions given by the Entrepreneur.

4.             The risk and the burden of proof for the correct and timely exercise of the      right of withdrawal fall on the Consumer.

5.             The Consumer shall bear the direct costs of returning the product. If the        Entrepreneur has not reported that the Consumer has to bear these costs or if         the Entrepreneur pointed out that he will bear the costs himself, the         Consumer need not pay the cost of returning the product.

6.             If the Consumer withdraws after having first explicitly requested that the        performance of a service or the supply of gas, water or electricity having not          been made ready for sale not be started in a limited volume or given quantity     during the period of reflection, the Consumer shall pay the Entrepreneur an         amount that is equal to the part of the obligation already performed at the     time of withdrawal as compared with the full compliance of the obligation.

7.             The Consumer does not bear the costs for performing services for the supply   of water, gas or electricity that had not been made ready for sale in a limited         volume or quantity, or for the supply of district heating if

a.             the Entrepreneur has not provided the Consumer with the statutorily                required information about the right of withdrawal, the compensation of                 costs in case of withdrawal or the standard form for withdrawal, or

b.             if the Consumer has not explicitly requested that the performance of                the service or the supply of gas, water and electricity or district heating             be started during the period of reflection.

8.             The Consumer does not bear any cost for the full or partial delivery of              digital content not stored on a physical carrier if

a.             prior to the delivery, he has not explicitly consented to start                          performance of the agreement before the end of the period of reflection;

b.             he did not acknowledge to lose his right of withdrawal when giving                  consent; or

c.             the Entrepreneur failed to confirm the Consumer’s statement.

9.             If the Consumer exercises his right of withdrawal, all additional agreements      end by operation of law.

 

Article 9 – Entrepreneur’s obligations in case of withdrawal

1.             If the Entrepreneur makes the notification of withdrawal by electronic means   possible, he shall promptly send a return receipt.

2.             The Entrepreneur shall reimburse all payments made by the Consumer, including any delivery costs that the Consumer may charge for the returned         product, as soon as possible but within 14 days following the day on which           the Consumer notified him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, he can wait with paying back until having       received the product or until the Consumer proved that he returned the          product, whichever occurs first.

3.             The Entrepreneur shall make use of the same means of payment that the        Consumer used, unless the Consumer consents to another method. The       reimbursement is free of charge for the Consumer.

4.             If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the Entrepreneur need not 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 notified this clearly when making the offer or at any rate in good time before concluding the agreement:

1.             Products or services with a price that is subject to fluctuations in the   financial market on which the Entrepreneur has no influence and which may     occur within the period of withdrawal;

2.             Agreements that are concluded during a public auction. A public auction is      defined as a selling method whereby the Entrepreneur offers products, digital          content and/or services to the Consumer who is personally present or has the        possibility to be personally present at the auction under the direction of an         auctioneer and whereby the successful bidder is obliged to purchase the         products, the digital content and/or the services.

3.             Services agreements, after full performance of the service, but only if

        a.     the performance started with the Consumer’s explicit prior consent; and

        b.     the Consumer stated that he will lose his right of withdrawal as soon as          the Entrepreneur has fully performed the agreement.

4.             Services agreements for making accommodation available when a certain        period of implementation is provided and other than for residential     purposes, goods transports, car rental services and catering;

5.             Agreements related to leisure activities when a certain date or period of         performance is arranged in the agreement;

6.             Products manufactured in accordance with the Consumer’s specifications        which are not prefabricated and which are produced on the basis of a           Consumer’s individual choice or decision or which are intended for a specific person;

7.             Perishable products or products with a limited durability.

8.             Sealed products which are for health or hygiene reasons not suitable for being          returned and of which the seal was broken;

9.             Products which for their nature are irreversibly mixed with other products;

10.         Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement but of which the delivery can take place only after 30 days,    and whose real value depends on fluctuations in the market which the     Entrepreneur cannot affect.

11.         Sealed audio and  video recordings and computer programs of which the seals were broken after delivery;

12.         Newspapers, periodicals or magazines, with the exception of subscriptions to   them;

13.         The delivery of digital content other than on a physical carrier, but only if:      a.       the performance was started with the Consumer’s explicit prior                        consent;

   b.     the Consumer stated that he will lose his right of withdrawal by doing               so.

 

Article 11 - The price

1.     The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to      changes in VAT rates.

2.     Contrary to the previous paragraph, the Entrepreneur may offer products or    services whose prices are subject to fluctuations in the financial market that        are beyond the Entrepreneur’s control, at variable prices. The offer will state   the possibility of being subject to fluctuations and the fact that any indicated         prices are target prices.

3.     Price increases within 3 months after concluding the contract are permitted    only if they are the result of new legislation.

4.     Price increases from 3 months after concluding the contract are permitted      only if the Entrepreneur has stipulated it and

        a.     they are the result of legal regulations or stipulations, or

        b.     the Consumer has the authority to cancel the contract before the day on                  which the price increase starts.

5.     All prices indicated in the provision of products or services are including VAT.

Article 12 – Performance of an agreement and extra Guarantee

1.     The Entrepreneur guarantees that the products and/or services comply with    the contract, with the specifications listed in the offer, with reasonable           requirements of usability and/or reliability and with the existing statutory     provisions and/or government regulations on the day the contract was         concluded. If agreed, the Entrepreneur also guarantees that the product is   suitable for other than normal use.

2.     An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise          against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s      obligations if the Entrepreneur has failed in the fulfilment of his part of the         agreement.

3.     ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his     Supplier, Importer or Manufacturer in whom he assigns certain rights or         claims to the Consumer that go further than he is legally       required in case he       fails in the compliance with his part of the agreement.

 

Article 13 – Delivery and execution

1.     The Entrepreneur shall exercise the best possible care when booking orders     and executing product orders and when assessing requests for the        provision of services.

2.     The place of delivery is at the address given by the Consumer to the    Entrepreneur.

3.     With due observance of the stipulations in Article 4 of these General Terms     and Conditions, the Entrepreneur shall execute accepted orders with           convenient speed but at least within 30 days, unless another delivery period       was agreed on. If the delivery has been delayed, or if an order cannot be      filled or     can be filled only partially, the Consumer shall be informed about this    within one month after ordering. In such cases, the Consumer is entitled to         repudiate the contract free of charge and with the right to possible     compensation.

4.     After repudiation in conformity with the preceding paragraph, the         Entrepreneur shall return the payment made by the Consumer promptly but     at least within 30 days after repudiation.

5.     The risk of loss and/or damage to products will be borne by the Entrepreneur   until the time of delivery to the Consumer or a representative appointed in    advance and made known to the Consumer, unless explicitly agreed      otherwise.  

 

Article 14 – Continuing performance agreements: duration, termination and renewal

Termination
1.     The Consumer may at all times terminate a contract that was concluded for    an indefinite time and which extends to the regular delivery of products          (including electricity) or services, with due observance of the termination    rules and subject to not more than one month’s notice.
2.     The Consumer may at all times terminate a contract that was concluded for a specific time and which extends to the regular delivery of products (including     electricity) or services at the end of the specific period, with due observance         of the termination rules and a subject to not more than one month’s notice.
3.     The Consumer can cancel the agreements mentioned in the preceding   paragraphs:
        -      at any time and not be limited to termination at a particular time or in a            given period; 
        -      at least in the same way as they were concluded by him; 
        -      at all times with the same notice as the Entrepreneur stipulated for                 himself.
Extension
4.     An agreement concluded for a definite period which extends to the regular      delivery of products (including electricity) or services may not be      automatically extended or renewed for a fixed period.   
5.     Notwithstanding the preceding paragraph, a contract for a definite period       which extends to the regular delivery of dailies, newspapers, weekly    newspapers and magazines, may tacitly be renewed for specific period of      three months at the most if the Consumer can terminate this extended         agreement towards the end of the extension with a notice of one month at the   most. 
6.     An agreement concluded for a definite period and which extends to the          regular delivery of products or services may only be extended tacitly for an   indefinite period if the Consumer can cancel it at any time with a notice of one        month. The notice is three months at the most in vase the contract is about          a delivery of dailies, newspapers and weeklies and magazines occurring regularly but less than once a month.       
7.     An agreement with limited duration of regular delivery of trial dailies,     newspapers, weeklies and magazines (trial or introductory subscription) is not       renewed tacitly and ends automatically after the trial or introductory period.
Duration

8.     If the duration of a contract is more than one year, the Consumer may terminate the contract at any time after one year with a notice of not more     than one month, unless reasonableness and fairness resist the termination    before the end of the agreed term.

 

Article 15 – Payment

 

1.     Unless otherwise stipulated in the agreement or in the additional conditions,    the amounts to be paid by the Consumer must be settled within 14 days after        the period of reflection, or if there is no period of reflection within 14 days     after concluding the agreement. In case of an agreement to provide a service,         this period starts on the day that the Consumer received the confirmation of   the agreement.

2.     When selling products to Consumers, it is not permitted to negotiate an          advance payment of more than 50% in the General Terms and Conditions.   If an advance payment was agreed, the Consumer may not assert any right       regarding the execution of the order in question or the service(s) in    question before making the agreed advance payment.

3.     The Consumer has the duty to inform the Entrepreneur promptly of possible     inaccuracies in the payment details that were given or specified.

4.     In case the Consumer has not complied with his payment obligation(s) in         time, and the Entrepreneur has pointed out to him that the payment was late         and allowed the Consumer a period of 14 days to comply with the payment    obligations, the Consumer is to pay the statutory interest on the amount         payable and the Entrepreneur is entitled to charge the Consumer with any      extrajudicial collection costs. These extrajudicial collection costs amount to no          more than 15% for outstanding amounts up to € 2,500, 10% for the following         € 2,500 and 5% for the following € 5000, with a minimum of € 40. The         Entrepreneur may deviate from the aforementioned amounts and percentages in favour of the Consumer.

 

Article 16 – Complaints procedure

 

1.     The Entrepreneur shall have a sufficiently notified complaints procedure in       place, and shall handle the complaint in accordance with this complaint        procedure.

2.     Complaints about the performance of the contract shall be submitted fully and          clearly described to the Entrepreneur within a reasonable time after the       Consumer discovered the defects

3.     The complaints submitted to the Entrepreneur shall be replied within a period   of 14 days after the date of receipt. Should a complaint require a foreseeable       longer time for handling, the Entrepreneur shall respond within 14 days with a         notice of receipt and an indication when the Consumer can expect a more         detailed reply.

4.     A complaint about the Entrepreneur’s product, service or after-sales service    can also be submitted to Stichting Webshop Keurmerk with a complaints form      given in the Consumer Page of the website www.Stichting Webshop     Keurmerk. org. The complaint will then be sent to the Entrepreneur in question and to Stichting Webshop Keurmerk.

5.     If the complaint cannot be solved in joint consultation within a reasonable

        time or within 3 months after submitting the complaint, there will be a dispute that is open to the dispute settlement rules.

 

 

Article 15 - Disputes

1.     Contracts between the Entrepreneur and the Consumer to which these           General Terms and Conditions apply, are exclusively governed by Dutch law.

2.     With due observance of the provisions set out below, the disputes between    the Consumer and the Entrepreneur about the formation or the performance    of contracts related to products or services that the Entrepreneur must deliver    or has already delivered can be submitted by both the Consumer and the         Entrepreneur to Geschillencommissie Webshop, Postbus 90600, 2509 LP,         The Hague (Den Haag) (www.sgc.nl).

3.     A dispute is handled by the Disputes Committee [Geschillencommissie] only if   the Consumer submitted his/her complaint to the Entrepreneur within a     reasonable period.

4.     The dispute must have been submitted in writing to the Geschillencommissie    Webshop within three months after arising of the dispute.

5.     If the Consumer wishes to submit a dispute to the Geschillencommissie, the     Entrepreneur is bound by this choice. When the Entrepreneur wishes to file          the dispute to the Geschillencommissie, the Consumer must speak out in     writing within five weeks after a 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 has not heard of the Consumer’s option within the         period of five weeks, the Entrepreneur is entitled to submit the dispute to the         competent court.

6.     The Geschillencommissie’s decision will be made under the conditions as set     out in the rules of the Arbitration Commission        (http://www.degeschillencommissie.nl/over-onss/decommissies/2701/webshop).

          A decision made by the Geschillencommissie is a binding advice.

7.     The Disputes Committee will not handle a dispute or will discontinue handling   it if the Entrepreneur is granted a moratorium, goes bankrupt or actually ended his business activities before the Commission has handled a dispute at          the hearing and delivered a final award.

8.     If in addition to the Geschillencommissie Webshop another disputes       committee recognised by or affiliated with the Stichting Geschillencommissies          voor Consumentenzaken (SGC) [Foundation for Consumer Complaints          Committees] or the Klachteninstituut Financiële Dienstverlening (Kifid)         [Financial Services Complaints Board] is competent, the disputes that are       mainly related          to sales methods or distance services, the    Geschillencommissie Webshop Keurmerk is preferably competent, and for all        other disputes, the disputes committee recognised by and affiliated with the     SGC or Kifid is competent.

 

Article 18 –Guarantee by this branch of industry

1.     Webshop Keurmerk guarantees that its members follow the binding advice of    the Disputes Committee Webshop unless the member decides to send the          binding opinion for review to the Court within two months. This guarantee     revives if after review by the Court the binding opinion has been        confirmed and the judgement has become final. Webshop Keurmerk will pay        this amount to the Consumer up to €10,000 per binding opinion. € 10,000       will be paid if the amount exceeds €10,000 per binding advice. As to the   remaining amount, Webshop Keurmerk has an obligation to try to ensure         that members comply with the binding advice.

2.     For the application of this guarantee, it is required that the Consumer submit   a written appeal to Webshop Keurmerk and that he assign the claim against          the Entrepreneur to the Stichting Webshop Keurmerk. If the claim against       the Entrepreneur exceeds €10,000, the Consumer will be offered to assign the   claim on for the excess amount to Stichting Webshop Keurmerk, after which    this organisation, in its own name and at its own expense, shall try to get     payment and fulfilment of these rights to compensate the Consumer.

 

Article 19 - Additional provisions or derogations

Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.

 

Article 20 – Amendments to the General Terms and Conditions of  

                       Stichting Webshop Keurmerk

1.     These General Terms and Conditions will not be changed other than in   consultation with the Consumentenbond (Consumers’ Association).

2.     Amendments to these Terms and Conditions are valid only after being   published in the appropriate way, provided that in case of appropriate         amendments, the provision that is most favourable for the Consumer shall prevail during the validity of an offer.

 

Address Stichting Webshop Keurmerk:

Willemsparkweg 193, 1071 HA  Amsterdam.


Appendix I: Standard form for withdrawal

 

Standard Form for Withdrawal

 

(Complete this form and return it only when you want to revoke the agreement)

 

-                To: [Entrepreneur’s name]

               [Entrepreneur’s geographic address]

               [Entrepreneur’s fax number, if available]

               [Entrepreneur’s email address or electronic address]

 

 

-                I/We hereby inform you that I/we wish to revoke our agreement        on the sale of the following products: [specification of the       product]*

        the delivery of the following digital content [specification of the   digital          content]*

        the performance of the following service [specification of the      service]*

 

 

-                Ordered on*/received on* [date of ordering the services or receiving   products]*

-                [Consumer’s name]

-                [Consumer’s address]

-                [Consumer’s signature] (only when this form is submitted on paper)

 

 

*) Delete and/or complete where appropriate.