General Terms and Conditions

These General Terms and Conditions of the Webshop Trustmark Foundation apply to all members of the Webshop Quality Mark Foundation, with the exception of financial services as referred to in the Financial Supervision Act, insofar as these services are supervised by the Netherlands Authority for the Financial Markets.

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract.
2. Cooling-off period: the period within which the consumer can exercise the right of withdrawal.
3. Consumer: the natural person who does not act for purposes related to trade, business, craft or professional activity.
4. Day: calendar day.
5. Digital content: data produced and delivered in digital form.
6. Long-term agreement: an agreement that provides for regular delivery of goods, services and/or digital content over a specified period.
7. Durable data carrier: any device, including email, that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction.
8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.
9. Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products, digital content and/or services remotely to consumers.
10. Distance contract: an agreement concluded between the entrepreneur and the consumer within an organized system for distance selling.
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions.
12. Remote communication technology: means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same location.

Article 2 – Identity of the entrepreneur

The entrepreneur can also be reached via an online complaint form on the website. The entrepreneur declares that electronic communication is equivalent to written communication in accordance with Article 6:227a of the Dutch Civil Code.

Article 3 – Applicability

1. 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.
2. Before the distance contract is concluded, the text of these terms and conditions shall be made available to the consumer.
3. If the distance contract is concluded electronically, these terms may be made available electronically in such a way that the consumer can easily store them on a durable data carrier.
4. If specific product or service conditions also apply, the consumer may always rely on the applicable provision that is most favorable to them in the event of conflicting terms.

Article 4 – The offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered.
3. Images used are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. Each offer contains sufficient information for the consumer to understand the rights and obligations connected to accepting the offer.

Article 5 – The agreement

1. The agreement is concluded at the moment the consumer accepts the offer and complies with the conditions set out therein.
2. If the consumer accepts the offer electronically, the entrepreneur shall immediately confirm receipt electronically.
3. The entrepreneur shall take appropriate technical and organizational measures to secure electronic data transmission and provide a secure web environment.
4. The entrepreneur may, within legal limits, verify whether the consumer can meet payment obligations.
5. At the latest upon delivery, the entrepreneur shall provide the consumer with relevant information regarding complaints, withdrawal rights, warranties, prices, delivery, payment and termination requirements.
6. In the case of a continuous transaction, the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

The cooling-off period is 14 days, unless the law prescribes a longer period.

For products

1. The consumer may withdraw from an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons.
2. The cooling-off period starts on the day after the consumer, or a third party designated by the consumer, has received the product.
3. If multiple products are ordered in one order, the cooling-off period starts after receipt of the last product.
4. If a product is delivered in several shipments or parts, the period starts after receipt of the last shipment or part.
5. For regular delivery of products over a certain period, the period starts after receipt of the first product.

For services and digital content

1. The consumer may terminate a service agreement or agreement for digital content not delivered on a tangible medium within at least 14 days without giving reasons.
2. The cooling-off period starts on the day following conclusion of the agreement.

Extended cooling-off period

1. If the entrepreneur has not provided the legally required information regarding withdrawal, the cooling-off period expires twelve months after the original cooling-off period.
2. If this information is provided within twelve months, the cooling-off period expires 14 days after the consumer receives the information.

Article 7 – Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer shall handle the product and packaging with care.
2. The consumer may only unpack or use the product to the extent necessary to determine its nature, characteristics and functioning.
3. The consumer is liable only for depreciation resulting from handling that goes beyond what is permitted.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

1. The consumer must notify the entrepreneur within the cooling-off period using the model withdrawal form or another unambiguous method.
2. The product must be returned as soon as possible, but within 14 days following the notification.
3. The consumer returns the product with all supplied accessories and, where reasonably possible, in its original condition and packaging.
4. The risk and burden of proof for proper and timely withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product unless the entrepreneur has indicated otherwise.
6. If the consumer exercises the right of withdrawal, all supplementary agreements are automatically terminated.

Article 9 – Obligations of the entrepreneur upon withdrawal

1. If the entrepreneur enables electronic withdrawal notification, the entrepreneur shall send an acknowledgment immediately after receiving it.
2. The entrepreneur shall reimburse all payments made by the consumer, including delivery costs for the cheapest standard delivery method offered, within 14 days after withdrawal notification.
3. The entrepreneur shall use the same payment method for reimbursement unless the consumer agrees to another method.
4. If the consumer chose a more expensive delivery method than the cheapest standard delivery, the additional costs do not have to be refunded.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal if clearly stated before conclusion of the agreement:

1. Products or services whose price is subject to financial market fluctuations beyond the entrepreneur’s control.
2. Agreements concluded during a public auction.
3. Services fully performed with the consumer’s prior express consent.
4. Services related to accommodation, transport, car rental, catering or leisure activities for a specific date or period.
5. Products made according to consumer specifications or clearly intended for a specific person.
6. Products that spoil quickly or have a limited shelf life.
7. Sealed products unsuitable for return for health or hygiene reasons once unsealed.
8. Products that are irrevocably mixed with other products after delivery.
9. Alcoholic beverages whose value depends on market fluctuations.
10. Sealed audio, video recordings or software once unsealed.
11. Newspapers, periodicals or magazines, except subscriptions.
12. Digital content not supplied on a tangible medium if performance has begun with express consent.

Article 11 – The price

1. During the validity period stated in the offer, prices will not be increased except due to VAT changes.
2. Products or services subject to financial market fluctuations may be offered at variable prices.
3. Price increases within three months after conclusion of the agreement are only permitted if resulting from statutory regulations.
4. Price increases after three months are only permitted if contractually agreed and legally justified, or if the consumer may terminate the agreement.
5. Prices stated in the offer include VAT.

Article 11a – Consumer reviews and price reductions

1. If the price of a product or service is personalized based on automated decision-making, the consumer is clearly informed before purchase.
2. The entrepreneur declares that all published consumer reviews originate from real customers who have made a purchase and explains on the website how this is verified.
3. If price reductions are communicated, the entrepreneur shall state the previous lowest price applied in the 30 days prior to the reduction, to the extent required by law.

Article 12 – Performance and additional warranty

1. The entrepreneur guarantees that products and services comply with the agreement, the stated specifications and reasonable requirements of soundness and usability.
2. Any additional warranty provided does not limit the statutory rights and claims of the consumer.
3. An additional warranty means any commitment granting rights beyond the statutory obligations.

Article 13 – Delivery and execution

1. The entrepreneur shall exercise the greatest possible care when receiving and executing orders.
2. The place of delivery is the address provided by the consumer.
3. Accepted orders shall be executed with due speed and no later than within 30 days, unless another delivery period has been agreed.
4. If delivery is delayed or cannot be completed, the consumer shall be informed no later than 30 days after placing the order.
5. The risk of damage and/or loss rests with the entrepreneur until delivery to the consumer or designated representative.

Article 14 – Long-term transactions: duration, termination and renewal

Cancellation

1. The consumer may terminate an agreement for an indefinite period at any time, subject to a notice period of no more than one month.
2. A fixed-term agreement may be terminated at the end of the fixed term, subject to agreed termination rules.
3. The consumer may terminate such agreements at any time and in the same manner as they were entered into.

Extension

1. A fixed-term agreement for regular delivery may not be tacitly renewed for a fixed term.
2. An agreement may only be extended indefinitely if the consumer may terminate it at any time with a notice period of no more than one month.

Duration

1. If an agreement lasts longer than one year, the consumer may terminate it after one year with a notice period of no more than one month.

Article 15 – Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 14 days after the cooling-off period starts or, if no cooling-off period applies, within 14 days after conclusion of the agreement.
2. For consumer product sales, advance payment of more than 50% may not be required under general terms and conditions.
3. The consumer must promptly report inaccuracies in payment details.
4. If the consumer fails to pay on time, statutory interest and collection costs may be charged after the consumer has been given 14 days to pay.

Article 16 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints accordingly.
2. Complaints must be submitted fully and clearly within a reasonable time after defects are discovered.
3. Complaints will be answered within 14 days after receipt. If more time is needed, the consumer will receive an acknowledgment and indication of when a detailed response can be expected.
4. A complaint may also be submitted through Stichting Webshop Keurmerk via https://www.keurmerk.info/klacht/.
5. Stichting Webshop Keurmerk may mediate and inform both entrepreneur and consumer about applicable legislation.

Article 17 – Disputes

1. Disputes may be submitted by the consumer to the competent court, without prejudice to mandatory legal provisions.
2. Agreements between the entrepreneur and the consumer are governed exclusively by Dutch law.

Article 18 – Supplementary or deviating provisions

Supplementary or deviating provisions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored on a durable data carrier.

Article 19 – Supplementary or deviating provisions

Supplementary provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or stored in an accessible manner on a durable data carrier.

Additional provisions and delivery definitions can be found on the page Delivery conditions and definitions.

Article 20 – Amendment of the General Terms and Conditions

Changes to these terms and conditions shall only be effective after they have been published in the appropriate manner. If changes apply during the term of an offer, the provision most favorable to the consumer shall prevail.