General Terms and Conditions of Thuiswinkel.org

These general Terms and Conditions of the Dutch Thuiswinkel Organisatie (hereafter referred to as Thuiswinkel.org) are drawn up in consultation with the Consumentenbond as part of the Coördinatiegroep Zelfreguleringsoverleg (CZ) from the Sociaal-Economische Raad and will become effective on the first of June 2014.

These  General Terms and Conditions of Thuiswinkel.org were drawn up in consultation  with the Consumers’ Association within the framework of the Self-Regulation  Coordination Group (CZ) of the Social and Economic Council and will become  operable as of 1st June 2014.

Index:
  Article   1 - Definitions
  Article   2 - Identity of the trader
  Article   3 - Applicability
  Article   4 - The offer
  Article   5 - The contract
  Article   6 - Right of withdrawal
  Article   7 -  Customers’ obligations in case of withdrawal
  Article   8 - Customers who exercise their right of  withdrawal and the costs involved
  Article   9 - Traders’ obligations in case of  withdrawal
  Article  10 - Precluding the right of withdrawal
  Article  11 - The price
  Article  12 - Contract fulfilment and extra guarantee
  Article  13 - Delivery and implementation
  Article  14 - Extended duration transactions:  duration, termination and prolongation
  Article  15 - Payment
  Article  16 - Complaints procedure
  Article   17 - Disputes
  Article  18 - Branch guarantee
  Article  19 - Additional or different stipulations
  Article  20 - Amendment to the general terms and  conditions of Thuiswinkel.org

Article 1 - Definitions
  The following  definitions apply in these terms and conditions:

  1.  
  2. Supplementary agreement: an agreement in which a consumer  obtains products, digital content and/or services via a distance contract, and  a trader or a third party delivers these products, digital content and/or  services in accordance with an agreement between that third party and the  trader;
  3.  
  4. Withdrawal period: the period within which a consumer  can make use of his right of withdrawal;
  5.  
  6. Consumer: a natural person whose actions are not  carried out for objectives relating to the course of a trade, a profession or a  business;
  7.  
  8. Day: calendar day;
  9.  
  10. Digital content: data that are produced and  supplied in digital form;
  11.  
  12. Extended duration transaction: a distance contract relating to a  series of products and/or services, whereby the obligation to supply and/or  purchase is spread over a period of time;
  13.  
  14. Durable medium: every means - including emails -  that enables a consumer or trader to store information that is addressed to him  in person in a way that facilitates its future use or consultation during a  period that is in keeping with the objective for which the information is  intended, and which facilitates the unaltered reproduction of the stored  information;
  15.  
  16. Right of withdrawal: the possibility for a consumer to  waive a distance contract within the withdrawal period;
  17.  
  18. Trader: a natural or legal person who is a member of  Thuiswinkel.org and who offers products, (access to) digital content and/or  services to consumers from a distance;
  19.  
  20. Distance contract: a contract concluded between a trader and a consumer within the  framework of system organized for the distance sale of products, digital  content and/or services, whereby sole or partly use is made of one or more  techniques for distance communication up to and including the moment that the  contract is concluded;
  21.  
  22. Model form for right of withdrawal: the European model form for right of  withdrawal that is included in Appendix I of these terms and conditions. The  trader is not obliged to provide Appendix I if the consumer has no right of  withdrawal with regard to his order;
  23.  
  24. Technique for distance communication: means that can be used for communication  regarding the offer made by the trader and concluding a contract, without the  necessity of the consumer and trader being in the same place at the same time.

Article 2 - Identity of the trader
  Name  trader: (name according to the articles of association, plus any trade name)
  Registered  address:
  Office  address, should this differ from the registered address;
  Telephone  number and time(s) at which the trader can be contacted by telephone:
  Email  address:
  Chamber  of Commerce number:
  VAT  identification number:

Should  the activity of the trader be subject to a relevant licensing system: the data  of the supervising authority.

Should  the trader practice a regulated profession:
  -     the professional  association or organization with which he is affiliated;
  -     the professional title, the town/city in  the EU or EEA where this was granted;
  -     a reference to the professional rules that  apply in the Netherlands and instructions as to where and how these  professional rules can be accessed.

Article 3 - Applicability

  1.  
  2. These  general terms and conditions apply to every offer made by a trader and to every  distance contract that has been realized between an trader and a consumer.
  3.  
  4. Prior  to the conclusion of a distance contract, the text of these general terms and  conditions will be made available to the consumer. If this is not reasonably  possible, the trader will indicate, before the distance contract is concluded,  in what way the general terms and conditions are available for inspection at  the trader’s premises and that they will be sent free of charge to the  consumer, as quickly as possible, at the consumer’s request.
  5.  
  6. If  the distance contract is concluded electronically, then, contrary to the  previous paragraph, and before the distance contract is concluded, the consumer  will be provided with the text of these general terms and conditions  electronically, in such a way that the consumer can easily store them on a  durable data carrier. If this is not reasonably possible, then before  concluding the distance contract, the trader will indicate where the general  terms and conditions can be inspected electronically and that at his request  they will be sent to the consumer free of charge, either electronically or in  some other way.
  7.  
  8. In  cases where specific product or service-related terms and conditions apply in  addition to these general terms and conditions, the second and third paragraphs  apply by analogy and the consumer can always invoke the applicable condition  that is most favorable to him in the event of incompatible general terms and  conditions.

Article 4 - The offer

  1.  
  2. If  an offer is subject to a limited period of validity or is made subject to  conditions, this will be explicitly mentioned in the offer.
  3.  
  4. The  offer contains a complete and accurate description of the products, digital  content and/or services being offered. The description is sufficiently detailed  to enable the consumer to make a proper assessment of the offer. If the trader  makes use of illustrations, these will be a true representation of the products  and/or services being offered. The trader is not bound by obvious errors or  mistakes in the offer.
  5.  
  6. Every  offer contains information that makes it clear to the consumer what rights and  obligations are related to the acceptance of the offer.

Article 5 - The contract

  1.  
  2. The  contract will be concluded, subject to that which is stipulated in paragraph 4,  at the moment at which the consumer accepts the offer and the conditions  thereby stipulated have been fulfilled.
  3.  
  4. If  the consumer has accepted the offer electronically, the trader will immediately  confirm receipt of acceptance of the offer electronically. The consumer can  dissolve the contract as long as this acceptance has not been confirmed by the  trader.
  5.  
  6. If  the contract is concluded electronically, the trader will take suitable  technical and organizational measures to secure the electronic transfer of data  and he will ensure a safe web environment. If the consumer is able to pay  electronically, the trader will take suitable security measures.
  7.  
  8. The  trader may obtain information - within statutory frameworks - about the  consumer’s ability to fulfill his payment obligations, as well as about facts  and factors that are important for the responsible conclusion of the distance  contract. If that research gives the trader proper grounds for declining to  conclude the contract, then he has a right, supported by reasons, to reject an  order or application or to bind its implementation to special conditions.
  9.  
  10. The  trader will send to a consumer, at the latest when delivering a product,  service or digital content, the following information, in writing, or in such a  way that the consumer can store it on an accessible durable medium:

a.   the  office address of the trader’s business location where the consumer can lodge  complaints;
  b.   the  conditions under which the consumer can make use of the right of withdrawal and  the method for doing so, or a clear statement relating to preclusion from the  right of withdrawal;
  c.   information  on guarantees and existing after-sales service;
  d.   the  price, including all taxes on the product, service or digital content; the  costs of delivery insofar as applicable, and the method of payment, delivery or  implementing the distance contract;
  e.   the requirements  for terminating the contract, if the duration of the contract exceeds one year  or if it is indefinite;
  f.    if  the consumer has a right of withdrawal, the model form for right of withdrawal.

  1.  
  2. In  case of an extended duration contract, the stipulation in the previous  paragraph applies only to the first delivery.

Article 6 - Right of withdrawal
  Upon delivery of products

  1.  
  2. When  purchasing products, a consumer has the right to dissolve a contract, without  giving reasons, during a period of at least 14 days. The trader is allowed to  ask a consumer for the reason of this dissolution, but the consumer is under no  obligation to state his/her reason(s).
  3.  
  4. The  period stipulated in para. 1 commences on the day after the product was  received by the consumer, or a third party designated by the consumer, who is  not the transporting party, or:
  5.  
    1.    
    2. if the consumer has ordered several products:  the day on which the consumer, or a third party
    3.  

designated by the consumer, received the last product.  The trader may refuse a single order for several products with different  delivery dates, provided he clearly informed the consumer of this prior to the  ordering process.

  1.  
    1.    
    2. if the delivery of a product involves different  deliveries or parts: the day on which the consumer, or a third party designated  by the consumer, received the last delivery or the last part;
    3.    
    4. with contracts for the regular delivery of  products during a given period: the day on which the consumer, or a third party  designated by the consumer, received the last product.
    5.  

Upon delivery of services and digital content  that is not supplied on a material medium:

  1.  
  2. A  consumer has the right to dissolve a contract, without giving reasons, for the  supply of digital content that is not supplied on a material medium during a  period of at least fourteen days. The trader is allowed to ask a consumer for  the reason of this dissolution, but the consumer is under no obligation to  state his/her reason(s).
  3.  
  4. The  period stipulated in para. 3 commences on the day after the contract was  concluded.

Extended withdrawal period for products,  services and digital content that is not supplied on a material medium in the  event a consumer was not informed about the right of withdrawal:

  1.  
  2. If  the trader did not provide the consumer with the statutorily obligatory  information about the right of withdrawal or if the model form was not  provided, the withdrawal period ends twelve months after the end of the  originally stipulated withdrawal period based on the previous paragraphs of  this article.
  3.  
  4. If  the trader provided the consumer with the information referred to in the  previous paragraph within twelve months of the commencing date of the original  withdrawal period, the withdrawal period shall end 14 days after the day on  which the consumer received the information.

Article 7 - Consumers’ obligations during the  withdrawal period

  1.  
  2. During  the withdrawal period, the consumer shall treat the product and its packaging  with care. He shall only unpack or use the product in as far as necessary in  order to assess the nature, characteristics and efficacy of the product. The  point of departure here is that the consumer may only handle and inspect the  product in the same way that he would be allowed in a shop.
  3.  
  4. The consumer is only liable for the  product’s devaluation that is a consequence of his handling the product other  than as permitted in para. 1.
  5.  
  6. The  consumer is not liable for the product’s devaluation if the trader did not  provide him with all the statutorily obligatory information about the right of  withdrawal before the contract was concluded.

Article 8 - Consumers who exercise their right  of withdrawal and the costs involved

  1.  
  2. A  consumer who wants to exercise his right of withdrawal shall report this to the  trader, within the withdrawal period, by means of the model form for right of  withdrawal or in some other unequivocal way.
  3.  
  4. As  quickly as possible, but no later than 14 days after the day of reporting as  referred to in para. 1, the consumer shall return the product, or hand it over  to (a representative of) the trader. This is not necessary if the trader has  offered to collect the product himself. The consumer will in any case have  complied with the time for returning goods if he sends the product back before  the withdrawal period has lapsed.
  5.  
  6. The  consumer returns the product with all relevant accessories, if reasonably  possible in the original state and packaging, and in accordance with the  reasonable and clear instructions provided by the trader.
  7.  
  8. The  risk and the burden of proof for exercising the right of withdrawal correctly  and in time rest upon the consumer.
  9.  
  10. The  consumer bears the direct costs of returning the product. If the trader has not  declared that the consumer shall bear these costs or if the trader indicates a  willingness to bear these costs himself, then the consumer shall not be liable  to bear the costs of returning goods.
  11.  
  12. If  the consumer exercises his right of withdrawal, after first explicitly having  asked that the service provided or the delivery of gas, water or electricity  not prepared for sale shall be implemented in a limited volume or a given  quantity during the period of withdrawal, the consumer shall owe the trader a  sum of money that is equivalent to that proportion of the contract that the  trader has fulfilled at the moment of withdrawal, in comparison with fulfilling  the contract entirely.
  13.  
  14. The  consumer shall bear no costs for implementing services or the supply of water,  gas or electricity not prepared for sale - in a limited volume or quantity - or  for delivering city central heating, if:
  15.  
  16. the trader  did not provide the consumer with the statutorily obligatory information about  the right of withdrawal, the costs payable in the event of withdrawal or the  model form for right of withdrawal, or:
  17.  
  18. the consumer  did not explicitly ask about the commencement of implementing the service or  the delivery of gas, water, electricity or city central heating during the  period of withdrawal.
  19.  
  20. The  consumer shall bear no costs for the entire or partial supply of digital  content that is not supplied on a material medium, if:
  21.  
  22. prior to  delivery, he did not explicitly agree to commencing fulfilment of the contract  before the end of the period of withdrawal;
  23.  
  24. he did not  acknowledge having lost his right of withdrawal upon granting his permission;  or
  25.  
  26. the trader  neglected to confirm this statement made by the consumer.
  27.  
  28. If  a consumer exercises his right of withdrawal, all supplementary agreements are  legally dissolved.

Article 9 - Traders’ obligations in a case of  withdrawal

  1.  
  2. If  the trader makes it possible for a consumer to declare his withdrawal via  electronic means, then after receiving such a declaration, he sends immediate  confirmation of receipt.
  3.  
  4. The  trader reimburses the consumer immediately with all payments, including any  delivery costs the trader charged for the returned product, though at the  latest within 14 days after the day on which the consumer reported the  withdrawal. Except in cases in which the trader has offered to retrieve the  product himself, he can postpone refunding until he has received the product or  until the consumer proves he has returned the product, depending on which  occurs earlier.
  5.  
  6. For  any reimbursement, the trader will use the same payment method that was  initially used by the consumer, unless the consumer agrees to another method.  Reimbursement is free of charge for the consumer.
  7.  
  8. If  the consumer chose an expensive method of delivery in preference to the  cheapest standard delivery, the trader does not have to refund the additional  costs of the more expensive method.

Article 10 - Precluding the right of withdrawal
  The trader can  preclude the right of withdrawal for the following products and services, but  only if the trader stated this clearly when making the offer, or at least in  good time prior to conclusion of the contract:

  1.  
  2. Products  or services whose prices are subject to fluctuations on the financial market  over which the trader has no influence and which can occur within the period of  withdrawal;
  3.  
  4. Contracts  concluded during a public auction. A public auction is defined as a sales  method whereby a trader offers products, digital content and/or services at an  auction, under the directions of an auctioneer, and whereby the successful  purchaser is obliged to purchase the products, digital content and/or services;
  5.  
  6. Service  contracts, after full completion of the service, but only if:
  7.  
  8. implementation  started with the explicit prior agreement of the consumer; and
  9.  
  10. the consumer  declared having lost his right or withdrawal as soon as the trader had  completed the contract in full;
  11.  
  12. Package  travels, package holidays and package tours as referred to in article 7:500 BW  and contracts on passenger transport;
  13.  
  14. Service  contracts providing access to accommodation, if the contract already stipulates  a certain date or period of implementation and other than for the purpose of  accommodation, the transport of goods, car rental services and catering;
  15.  
  16. Contracts  relating to leisure activities, if the contract already stipulates a certain  date or period of implementation;
  17.  
  18. Products  manufactured according to the consumer’s specifications, which were not  prefabricated and were made based on a consumer’s specific choice or decision,  or which are clearly intended for a specific person;
  19.  
  20. Products  subject to rapid decay or with a limited shelf-life;
  21.  
  22. Sealed  products that, for reasons relating to the protection of health or hygiene, are  unsuited to returning and whose seal was broken subsequent to delivery;
  23.  
  24. Products that, due to their nature,  have been irretrievably mixed with other products;
  25.  
  26. Alcoholic drinks whose price was  agreed when concluding the contract, but the delivery of which can only take  place after 30 days, and the actual value of which depends on market  fluctuations over which the trader has no influence;
  27.  
  28. Sealed audio/video-recordings and  computer apparatus whose seal was broken after delivery;
  29.  
  30. The delivery of digital content  other than on a material medium, but only if:
  31.  
  32. the delivery  commenced with the consumer’s explicit prior agreement, and
  33.  
  34. the consumer  declared that this implied his having lost his right of withdrawal.

Article 11 - The price

  1.  
  2. During  the period of validity indicated in the offer, the prices of the products  and/or services being offered will not be increased, except for price changes  in VAT-tariffs.
  3.  
  4. Contrary  to the previous paragraph, the trader may offer products or services at  variable prices, in cases where these prices are subject to fluctuations in the  financial market over which the trader has no influence. The offer must refer  to this link with fluctuations and the fact that any prices mentioned are recommended  prices.
  5.  
  6. Price  increases within 3 months after the contract was concluded are only permitted  if they are the result of statutory regulations or stipulations.
  7.  
  8. Price  increases more than 3 months after the contract was concluded are only  permitted if the trader stipulated as much and:
  9.  
  10. they are the  result of statutory regulations or stipulations; or
  11.  
  12. the consumer  is authorized to terminate the contract on the day on which the price increase  takes effect.
  13.  
  14. Prices  stated in offers of products or services include VAT.

Article 12 - Contract fulfilment and extra  guarantee

  1.  
  2. The  trader guarantees that the products and/or services fulfill the contract, the  specifications stated in the offer, the reasonable requirements of reliability  and/or serviceability and the statutory stipulations and/or government  regulations that existed on the date that the contract was concluded. If agreed  the trader also guarantees that the product is suited for other than normal  designation.
  3.  
  4. An  extra guarantee arrangement offered by the trader, manufacturer or importer can  never affect the statutory rights and claims that a consumer can enforce  against the trader on the grounds of the contract if the trader failed to  fulfil his part in the contract.
  5.  
  6. An  extra guarantee is defined as every commitment of a trader, his supplier,  importer or manufacturer that grants a consumer rights or claims, in excess of  those provided by law, for the event that he fails to fulfil his part in the  contract.

Article 13 - Supply and implementation

  1.  
  2. The  trader will take the greatest possible care when receiving and implementing  orders for products and when assessing applications for the provision of  services.
  3.  
  4. The  place of delivery is deemed to be the address that the consumer makes known to  the company.
  5.  
  6. Taking  into consideration that which is stated in article 4 of these general terms and  conditions, the company will implement accepted orders with efficient  expedition, though at the latest within 30 days, unless a different period of  delivery has been agreed. If delivery suffers a delay, or if the delivery  cannot be implemented, or only partially, the consumer will be informed about  this at the latest 30 days after the order was placed. In this case, the  consumer has a right to dissolve the contract free of charge and a right to  possible damages.
  7.  
  8. Following  dissolution in accordance with the previous paragraph, the trader refunds the  consumer immediately the sum he had paid.
  9.  
  10. The  risk of damage and/or loss of products rests upon the trader up to the moment  of delivery to the consumer or a   representative previous designated by the consumer and announced to the  trader, unless this has explicitly been agreed otherwise.

Article 14 - Extended duration  transactions: duration, termination and prolongation
  Termination

  1.  
  2. The  consumer has a right at all times to terminate an open-ended contract that was  concluded for the regular supply of products (including electricity) or  services, subject to the agreed termination rules and a period of notice that  does not exceed one month.
  3.  
  4. The  consumer has a right at all times to terminate a fixed-term contract that was  concluded for the regular supply of products (including electricity) or  services at the end of the fixed-term, subject to the agreed termination rules  and a period of notice that does not exceed one month.
  5.  
  6. With  respect to contracts as described in the first two paragraphs, the consumer  can:

-     terminate them at all times and not be limited to termination at  a specific time or during a specific period;
  -     terminate them in the same way as that in which they were  concluded;
  -     always terminate them subject to the same period of notice as  that stipulated for the trader.
  Prolongation

  1.  
  2. A  fixed-term contract that was concluded for the regular supply of products  (including electricity) or services may not be automatically prolonged or  renewed for a fixed period of time.
  3.  
  4. In  departure from that which is stated in the previous paragraph, a fixed-term  contract that has been concluded for the regular supply of daily or weekly  newspapers or magazines may be automatically prolonged for a fixed term that does  not exceed three months, if the consumer is at liberty to terminate this  prolonged contract towards the end of the prolongation, with a period of notice  that does not exceed one month.
  5.  
  6. A  fixed-term contract that has been concluded for the regular supply of products  or services may only be automatically prolonged for an indefinite period of  time if the consumer has at all times the right to terminate, with a period of  notice that does not exceed one month and, in the case of a contract to supply  daily or weekly newspapers or magazines regularly but less than once per month,  a period that does not exceed three months.
  7.  
  8. A  fixed term contract for the regular supply, by way of introduction, of daily or  weekly newspapers and magazines (trial subscriptions or introductory  subscriptions) will not be automatically prolonged and will automatically  terminate at the end of the trial period or introductory period.

Duration

  1.  
  2. If  the fixed-term of a contract exceeds one year, then after one year the consumer  has at all times a right to terminate, with a period of notice that does not  exceed one month, unless reasonableness and fairness dictate that premature  termination of the contract would be unacceptable.

Article 15 - Payment

  1.  
  2. As  far as no other date is stipulated in the contract or supplementary conditions,  sums payable by the consumer should be paid within 14 days after commencement  of the withdrawal period, or in the absence of a withdrawal period within 14  days after the conclusion of the contract. In the case of a contract to provide  a service, this 14-day period starts on the day after the consumer received  confirmation of the contract.
  3.  
  4. When  selling products to consumers, the general terms and conditions may never  stipulate an advance payment in excess of 50%. Where advance payment is  stipulated, the consumer cannot invoke any rights whatsoever in relation to the  implementation of the order or service(s) in question before the stipulated  advance payment has been made.
  5.  
  6. The  consumer is obliged to report immediately to the trader any inaccuracies in  payment data provided or stated.
  7.  
  8. If  a consumer fails to fulfil his payment obligation(s) in good time, after the  trader has informed the consumer about the late payment, the consumer is  allowed 14 days in which to fulfil the obligation to pay; if payment is not  made within this 14-day period, statutory interest will be payable over the sum  owed and the trader has the right to charge reasonable extrajudicial costs of  collection he has incurred. These costs of collection amount to, at the most:  15% of unpaid sums up to €2,500; 10% over the next €2,500; and 5% over the next  €5,000, with a minimum of €40. The trader can make departures from these sums  and percentages that are favorable to the consumer.

Article 16 - Complaints procedure

  1.  
  2. The  trader provides for a complaints procedure, that has been given sufficient  publicity, and will deal with a complaint in accordance with this complaints  procedure.
  3.  
  4. A  consumer who has discovered shortcomings in the implementation of a contract must  submit any complaints to the trader without delay, in full and with clear  descriptions.
  5.  
  6. A  reply to complaints submitted to the trader will be provided within a period of  14 days, calculated from the date of receipt. If it is anticipated that a  complaint will require a longer processing time, then the trader will reply  within 14 days, confirming receipt and indicating when the consumer can expect  a more elaborate reply.
  7.  
  8. A  complaint about a product, a service or the trader’s service can also be  submitted via a complaints form on the consumer’s page of the website of  Thuiswinkel.org, www.thuiswinkel.org

The  complaint is then sent both to the trader concerned and Thuiswinkel.org.

  1.  
  2. The  consumer should give the trader a time period of at least 4 weeks to solve the  complaint in joint consultation. After this period of time, the complaint  becomes a dispute that is subject to the  disputes settlement scheme.

Article 17 - Disputes

  1.  
  2. Contracts  entered into between a trader and a consumer and which are subject to these general  terms and conditions are subject only to Dutch law.
  3.  
  4. Disputes  between a consumer and an trader over the conclusion or exercising of contracts  relating to products and services to be supplied by this trader can be put  before the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP in The Hague  (www.sgc.nl), by either the consumer or the trader, with due observance of that  which is stipulated below.
  5.  
  6. The  Disputes Committee will only deal with a dispute if the consumer first put his  complaint, without delay, to the trader.
  7.  
  8. If  the complaint does not lead to a solution, the dispute should be submitted to  the Disputes Committee no later than 12 months after the consumer submitted the  complaint to the trader.
  9.  
  10. If  a consumer wants to put a dispute before the Disputes Committee, the trader is  bound by that choice. Preferably, the consumer notifies the trader first.
  11.  
  12. If  a  trader wishes to put a dispute before  the Disputes Committee, then the consumer will indicate, in response to a  written request made by the trader, whether he is in contract, or prefers the  dispute to be dealt with by the competent law-court. If the consumer does not  indicate his choice to the trader within a period of five weeks, then the  trader has a right to put the dispute before the competent law-court.
  13.  
  14. Rulings  of the Disputes Committee are subject to the conditions as stipulated in the  regulations of the Disputes Committee. Decisions of the Disputes Committee take  the form of binding advice.
  15.  
  16. The  Disputes Committee will not deal with a dispute - or will terminate their  intervention - if the trader has been granted a suspension of payments, gone  bankrupt or has actually terminated business activities before the committee  dealt with the dispute during a session and rendered a final ruling.
  17.  
  18. If,  alongside the Thuiswinkel Disputes Committee, there is another competent  disputes committee that is recognized or one that is affiliated with the  Disputes Committee Foundation for Consumer Affairs (SGC) or the Complaints  Institute Financial Services (Kifid), the Thuiswinkel Disputes Committee shall  preferably have jurisdiction for disputes that relate principally to the sales  method or to providing services long-distance. For all other disputes, this  this will be the other disputes committee that is recognized by the SGC or  affiliated with the Kifid.

Article 18 - Branch guarantee

  1.  
  2. Thuiswinkel.org  guarantees the fulfilment of obligations of her members in relation to binding  advices imposed on them by the Thuiswinkel Disputes Committee, unless the  member decides to put the binding advice before a law-court for verification  within two months after de date of that advice. In case of law-court  verification the suspension of the guarantee will end and the guarantee will  come into effect again upon the court ruling becoming final and conclusive,  whereby the court has declared that the binding advice has binding effect. Up  to a maximum sum of €10,000 per binding advice Thuiswinkel.org will pay this  sum to the consumer. In case of sums higher than €10,000 per binding advice,  the sum of €10,000 will be paid. In as far as the sum is higher than €10,000,  Thuiswinkel.org has the obligation to take reasonable adequate efforts to  pursue the member to fulfil the binding advice.
  3.  
  4. Application  of this guarantee requires the consumer to submit a written appeal to  Thuiswinkel.org and to transfer his claim on the trader to Thuiswinkel.org. In  as far as the claim on the trader exceeds the sum of €10,000, the consumer will  be offered the possibility to transfer his claim on the trader above the sum of  €10,000 to Thuiswinkel.org, where after this organization will pursue payment  of the claim in court on her own title and costs.  

Article 19 - Additional or different  stipulations
  Additional  stipulations or stipulations that differ from these general terms and  conditions, may not be detrimental to the consumer and should be recorded in  writing, or in such a way that consumers can store them in a readily accessible  manner on a durable medium.

Article 20 - Amendment to the general terms and  conditions of Thuiswinkel.org

  1.  
  2. Thuiswinkel.org  will only amend these general terms and conditions after consultation with the  Consumers’ Association.
  3.  
  4. Amendments  to these terms and conditions will only come into effect after they have been  published in the appropriate way, on the understanding that where amendments  apply during the validity of an offer, the stipulation that is most favorable  to the consumer will prevail.

Thuiswinkel.org
  P.O.  Box 7001, 6710 CB EDE, the Netherlands.

Rights  can only be derived on the basis of the Dutch version of these general terms  and conditions.

 

 

Appendix I: Model form for right of  withdrawal

 

Model form for right of withdrawal

(this  form should only be completed and returned if you want to withdraw from the  contract)

-           To:       [trader’s  name]
  [trader’s  geographic address]
  [trader’s  fax number, if available]
  [trader’s  e-mail address or electronic address]

-           I/we* herewith inform you that, in  respect of our contract regarding
  The sale of the following products:  [description of the product}*
  The delivery of the following digital content:  [description of the digital content]*
  The supply of the following service:  [description of the service]*

I/we* exercise our right of withdrawal.

 

-           Ordered on*/received on* [date of  ordering services or receiving goods]
  -           [Consumer(s)’ name]
  -           [Consumer(s)’ address]
  -           [Consumer(s)’ signature] (only if  this form is submitted on paper)

 

*Delete  or provide supplementary information, as applicable.

Appendix 1: Model form for cancellation

(Only fill in and send back this form if you wish to cancel the agreement)

To:
Centrum voor Groepsaccommodaties BV / groepen.nl
Veesteeg 3b, 6657 KH Boven-Leeuwen
info@groepen.nl www.groepen.nl

I/We* hereby give notice regarding our agreement that I/we*

wish to cancel*

the sale of the following products: [select product]*
the delivery of the following digital content: [select digital content]*
the provision of the following service: [select service]*.

Ordered on*/received on* ___ / ___ / ______
[date of order in case of services or reception in case of products]

[Name of consumer(s)]

_____________________________________________________________________

[Address of consumer(s)]

_____________________________________________________________________

[Signature of consumer(s)] (only if this form is submitted on paper)

_____________________________________________________________________

*Strike out what does not apply or fill in what does apply.

Model form for cancellation

 Click here to download the form

 

               

 

Copyright 1993 - 2018 | Centrum voor Groepsaccommodaties

Reservation system by Booking Experts