General Terms and Conditions

• Article 1 - Definitions
• Article 2 - Identity of the Entrepreneur
• Article 3 - Applicability
• Article 4 - The Offer
• Article 5 - The Agreement
• Article 6 - Right of Withdrawal
• Article 7 - Consumer Obligations During the Return Period
• Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs
• Article 9 - Entrepreneur’s Obligations in Case of Withdrawal
• Article 10 - Exclusion of the Right of Withdrawal
• Article 11 - The Price
• Article 12 - Compliance and (Extra) Guarantee
• Article 13 - Delivery and Execution
• Article 14 - Long-term Agreements: Duration, Termination, and Extension
• Article 15 - Payment
• Article 16 - Complaints Procedure
• Article 17 - Disputes
• Article 18 - Industry Guarantee
• Article 19 - Additional or Deviating Provisions
• Article 20 - Amendment of the Thuiswinkel General Terms and Conditions

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, and these products, digital content, and/or services are provided by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;

2. Return Period: the period within which the consumer can exercise their right of withdrawal;

3. Consumer: a natural person who does not act for purposes related to their trade, business, craft, or professional activity;

4. Day: calendar day;

5. Digital Content: data produced and supplied in digital form;

6. Continuous Contract: a contract aimed at the regular supply of goods, services, and/or digital content over a specified period;

7. Durable Medium: any device – including email – that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation or use for a period tailored to the purpose of the information and that allows unchanged reproduction of the stored information;

8. Right of Withdrawal: the consumer's option to cancel the distance contract within the return period;

9. Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content, and/or services remotely to consumers;

10. Distance Contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products, digital content, and/or services, whereby one or more means of distance communication are exclusively or jointly used up to and including the conclusion of the contract;

11. Model Withdrawal Form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer has no right of withdrawal regarding their order;

12. Means of Distance Communication: a means that can be used for concluding a contract, without the consumer and entrepreneur needing to be in the same place at the same time.

If the entrepreneur's activity is subject to a relevant licensing regime: information on the supervisory authority.

If the entrepreneur practices a regulated profession:

• the professional association or organization to which they belong;
• the professional title and the place in the EU or the European Economic Area where it was granted;
• a reference to the professional regulations applicable in the Netherlands and guidance on where and how these regulations are accessible.

1. These general terms and conditions apply to every offer from 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 general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will, before concluding the distance contract, indicate how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge to the consumer upon request as soon as possible.

3. If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be provided to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the consumer will be informed, before concluding the distance contract, where the general terms and conditions can be accessed electronically, and they will be sent free of charge electronically or by other means upon request.

4. In cases where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always rely on the applicable provision that is most favorable to them in the event of conflicting conditions.

1. If an offer has a limited validity period or is made under certain conditions, this will be explicitly stated in the offer.

2. The offer includes a complete and accurate description of the products, digital content, and/or services offered. The description is detailed enough to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

3. Each offer contains information that makes it clear to the consumer what rights and obligations are associated with acceptance of the offer.

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set therein.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

4. Within legal limits, the entrepreneur may inquire whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has legitimate reasons not to enter into the agreement, he is entitled to refuse an order or application with reasons, or to attach special conditions to its execution.

5. At the latest upon delivery of the product, service, or digital content, the entrepreneur will provide the consumer with the following information, in writing or in a way that allows the consumer to store it on a durable medium in an accessible manner:

1. the business address of the entrepreneur’s establishment where the consumer can address complaints;
2. the conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. information on guarantees and after-sales service;
4. the price including all taxes of the product, service, or digital content; any applicable delivery costs; and the method of payment, delivery, or execution of the distance contract;
5. dthe requirements for terminating the agreement if it has a duration of more than one year or is indefinite;
6. if the consumer has a right of withdrawal, the model withdrawal form.

6. In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.

1. During the return period, the consumer will handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be able to do in a store.

2. The consumer is only liable for a reduction in the value of the product that results from handling the product in a way that goes beyond what is allowed in paragraph 1.

3. The consumer is not liable for any reduction in the value of the product if the entrepreneur has not provided them with all the legally required information about the right of withdrawal before or at the time of concluding the agreement.

1. If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the return period by using the model withdrawal form or by other clear means.

2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to (a representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product themselves. The consumer has met the return deadline if they send the product back before the return period has expired.

3. The consumer must return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

5. The consumer bears the direct costs of returning the product. If the entrepreneur has not informed the consumer that they must bear these costs or if the entrepreneur states that they will bear the costs themselves, the consumer does not have to pay the return costs.

6. If the consumer withdraws after expressly requesting that the performance of the service or the delivery of gas, water, or electricity that is not made ready for sale in a limited volume or quantity begins during the return period, the consumer owes the entrepreneur an amount proportional to the part of the contract that has been performed by the entrepreneur at the time of withdrawal, compared to the full performance of the contract.

7. The consumer does not incur any costs for the performance of services or the delivery of water, gas, or electricity that is not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

1. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost compensation in case of withdrawal, or the model withdrawal form, or;
2. the consumer has not expressly requested the start of the performance of the service or the delivery of gas, water, electricity, or district heating during the return period.

8. The consumer does not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:

1. they have not expressly consented to the performance of the agreement before the end of the return period;
2. they did not acknowledge that they would lose their right of withdrawal by giving their consent, or;
3. the entrepreneur has failed to confirm this statement of the consumer.

9. If the consumer exercises their right of withdrawal, all supplementary agreements are automatically dissolved.

1. If the entrepreneur allows the consumer to notify the withdrawal electronically, they must send an acknowledgment of receipt immediately upon receiving this notification.

2. The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to reimburse until they have received the product or until the consumer demonstrates that the product has been returned, whichever comes first.

3. The entrepreneur will use the same payment method for the refund that the consumer used, unless the consumer agrees to another method. The refund will be free of charge for the consumer.

4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs for the more expensive method.

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement:

1. Products or services whose price is linked to fluctuations in the financial market that the entrepreneur cannot influence and which may occur within the withdrawal period.

2. Agreements concluded during a public auction. A public auction is defined as a sales method where products, digital content, and/or services are offered by the entrepreneur to a consumer who is personally present or given the possibility to be present at the auction, conducted by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services.

3. Service agreements after full execution of the service, but only if:

1. The execution has begun with the explicit prior consent of the consumer; and
2. The consumer has declared that they lose their right of withdrawal once the entrepreneur has fully executed the agreement;

4. Package tours as defined in Article 7:500 of the Dutch Civil Code and passenger transport agreements.

5. Service agreements for the provision of accommodation, if the agreement specifies a certain date or period of performance, and not for residential purposes, goods transport, car rental services, and catering.

6. Agreements related to leisure activities, if the agreement specifies a certain date or period for the performance.

7. Products made to the consumer's specifications, which are not prefabricated and are made based on an individual choice or decision by the consumer, or which are clearly intended for a specific person.

8. Products that spoil quickly or have a limited shelf life.

9. Sealed products which, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery.

10. Products that, by their nature, are irrevocably mixed with other products after delivery.

11. Alcoholic beverages whose price was agreed upon when the agreement was concluded, but which can only be delivered after 30 days, and whose actual value depends on fluctuations in the market which the entrepreneur cannot influence.

12. Sealed audio, video recordings, and computer software, whose seal has been broken after delivery.

13. Newspapers, magazines, or periodicals, except for subscriptions to them.

14. The delivery of digital content not on a material medium, but only if:

1. The execution has begun with the explicit prior consent of the consumer; and
2. The consumer has declared that they lose their right of withdrawal by giving such consent.

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with prices linked to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer.

3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.

4. Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:

1. they are the result of legal regulations or provisions; or
2. the consumer has the right to terminate the agreement starting from the day the price increase takes effect.

5. The prices listed in the offer for products or services are inclusive of VAT.

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of quality and/or usability, and the applicable legal provisions and/or government regulations in force on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

2. Any additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer shall never limit the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.

3. For all items purchased from us, the legal warranty applies. Legal warranty means that a product must do what the consumer can reasonably expect from it. For some products, a manufacturer's warranty also applies. This warranty does not affect the legal warranty.

4. An additional warranty means any commitment made by the entrepreneur, their supplier, importer, or manufacturer, in which they grant the consumer certain rights or claims that go beyond what they are legally obligated to provide in the event that they fail to fulfill their part of the agreement.

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.

2. The place of delivery is the address provided by the consumer to the entrepreneur.

3. In accordance with the provisions in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless another delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fully or partially fulfilled, the consumer will be notified within 30 days of placing the order. In this case, the consumer has the right to cancel the agreement free of charge and is entitled to any compensation.

4. Following cancellation in accordance with the previous paragraph, the entrepreneur will promptly refund the amount paid by the consumer.

5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and notified representative of the entrepreneur, unless expressly agreed otherwise.

Termination:

1. The consumer may terminate an agreement concluded for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.

2. The consumer may terminate an agreement concluded for a fixed period, which involves the regular delivery of products (including electricity) or services, at any time before the end of the agreed duration, subject to the agreed termination rules and a notice period of no more than one month.

3. The consumer may terminate the agreements mentioned in the previous paragraphs:

• at any time, without being limited to termination at a specific time or within a certain period;
• at least in the same manner as the agreement was concluded;
• at any time, with the same notice period that the entrepreneur has agreed for themselves.

Extension:

4. An agreement concluded for a fixed period, involving the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a certain duration.

5. Notwithstanding the previous paragraph, an agreement concluded for a fixed period, which involves the regular delivery of daily, news, and weekly newspapers and magazines, may be tacitly extended for a maximum period of three months, provided that the consumer may terminate the extended agreement at the end of the extension with a notice period of no more than one month.

6. An agreement concluded for a fixed period, involving the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period may be up to three months if the agreement involves the regular, but less than once per month, delivery of daily, news, and weekly newspapers and magazines.

7. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for trial or introductory purposes (trial or introductory subscription) will not be tacitly renewed and will automatically end after the trial or introductory period.

Duration:

8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness prevent termination before the agreed duration has ended.

1. Unless otherwise specified in the agreement or supplementary terms, the amounts owed by the consumer must be paid within 14 days after the start of the return period, or if there is no return period, within 14 days after the conclusion of the agreement. In the case of a service agreement, this period begins the day after the consumer receives the confirmation of the agreement.

2. In the sale of products to consumers, the consumer may never be required in general terms and conditions to make an advance payment of more than 50%. If an advance payment has been agreed upon, the consumer cannot assert any right regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.

3. The consumer is obligated to immediately inform the entrepreneur of any inaccuracies in provided or stated payment details.

4. If the consumer fails to meet their payment obligations on time, after being notified by the entrepreneur of the late payment and after the entrepreneur has given the consumer a 14-day period to fulfill their payment obligations, the consumer will owe statutory interest on the outstanding amount if payment is not made within this 14-day period. The entrepreneur is entitled to charge the consumer for any extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% of outstanding amounts up to €2,500; 10% of the next €2,500; and 5% of the following €5,000, with a minimum of €40. The entrepreneur may, to the benefit of the consumer, deviate from these amounts and percentages.

1. The entrepreneur has a sufficiently communicated complaints procedure and handles the complaint in accordance with this procedure.

2. Complaints regarding the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has identified the defects, fully and clearly described.

3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

4. A complaint about a product, service, or the entrepreneur’s service can also be submitted via a complaint form on the consumer page of the Thuiswinkel.org website www.thuiswinkel.org. The complaint will then be sent to both the relevant entrepreneur and Thuiswinkel.org.

5. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute resolution process.

1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.

2. Disputes between the consumer and the entrepreneur regarding the formation or execution of agreements concerning products and services supplied or to be supplied by the entrepreneur can, subject to the provisions below, be submitted by either the consumer or the entrepreneur to the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl).

3. A dispute will only be handled by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable time.

4. If the complaint does not lead to a resolution, the dispute must be submitted in writing, or in another form determined by the Committee, to the Disputes Committee no later than 12 months after the consumer submitted the complaint to the entrepreneur.

5. When the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. The consumer should preferably inform the entrepreneur of this decision first.

6. If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must state in writing, within five weeks of a written request by the entrepreneur, whether they wish to proceed with this or prefer to have the dispute handled by the competent court. If the entrepreneur does not receive the consumer's decision within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.

7. The Disputes Committee will rule under the conditions established in the Disputes Committee regulations (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are binding.

8. The Disputes Committee will not handle a dispute or will cease handling it if the entrepreneur has been granted a suspension of payments, is bankrupt, or has effectively ceased its business activities before the dispute has been heard and a final ruling has been made.

9. If, in addition to the Thuiswinkel Disputes Committee, another recognized or affiliated dispute resolution body under the Foundation for Consumer Disputes (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Thuiswinkel Disputes Committee will, for disputes mainly concerning the method of distance selling or services, be the preferred body. For all other disputes, the other recognized dispute resolution body under SGC or Kifid will be competent.

1. Thuiswinkel.org guarantees the compliance with the binding advice of the Thuiswinkel Disputes Committee by its members, unless the member decides to submit the binding advice to the court for review within two months of its issuance. This guarantee is reinstated if the binding advice is upheld after court review and the judgment confirming this has become final. Thuiswinkel.org will pay up to €10,000 per binding advice to the consumer. For amounts greater than €10,000 per binding advice, €10,000 will be paid. For the remaining amount, Thuiswinkel.org is obliged to make efforts to ensure that the member complies with the binding advice.

2. To apply for this guarantee, the consumer must make a written request to Thuiswinkel.org and transfer their claim against the entrepreneur to Thuiswinkel.org. If the claim against the entrepreneur exceeds €10,000, the consumer is offered the option to transfer the claim for the portion exceeding €10,000 to Thuiswinkel.org, after which this organization will, at its own cost, seek payment in court on behalf of the consumer.

Additional or deviating provisions from these general terms and conditions 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 by the consumer in an accessible manner on a durable data carrier.

1. Thuiswinkel.org will not amend these general terms and conditions except in consultation with the Consumers' Association.

2. Changes to these terms and conditions are only valid after they have been published in an appropriate manner, with the understanding that, in the case of applicable changes during the term of an offer, the most favorable provision for the consumer will prevail.

Thuiswinkel.org
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
Postbus 7001, 6710 CB Ede

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