Termes et conditions

Translation of the Terms and Conditions into English:

These General Terms and Conditions of Stichting Webshop Keurmerk have been established in consultation with the Consumers' Association within the framework of the Coordination Group for Self-Regulation Consultation (CZ) of the Social and Economic Council and come into effect as of June 1, 2014.

These General Terms and Conditions will be used by all members of Stichting Webshop Keurmerk, with the exception of financial services as referred to in the Financial Supervision Act and to the extent that these services are supervised by the Netherlands Authority for the Financial Markets.

Table of Contents:

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 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: 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 general terms and conditions of Stichting Webshop Keurmerk

Article 1 - Definitions

In these conditions, the following terms shall have the following meanings:

Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance agreement and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;

Cooling-off period: the period within which the consumer may exercise his right of withdrawal;

Consumer: the natural person who does not act for purposes related to his trade, business, craft, or professional activity

Day: calendar day;

Digital content: data produced and supplied in digital form;

Continuing performance contract: an agreement aimed at the regular delivery of goods, services, and/or digital content over a certain period of time;

Durable data carrier: any tool – including email – that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows the stored information to be reproduced unchanged;

Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement during the cooling-off period;

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

Distance agreement: an agreement concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content, and/or services, whereby up to and including the conclusion of the agreement, only or partly use is made of one or more techniques for distance communication;

Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions;

Technique for distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur having to be simultaneously present in the same space;

Article 2 - Identity of the entrepreneur

Lanzfeld B.V. operating under the name Museum Webshop located at, Spiegelstraat 10, 2631 RS Nootdorp, reachable by phone at telephone number 088 - 33 66 990 and reachable by email at [email protected], registered at the Chamber of Commerce in The Hague under number 27270506 with VAT identification number NL813574523 B 01.

Article 3 - Applicability

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 indicate, before the distance contract is concluded, how the general terms and conditions can be viewed by the consumer and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge to the consumer by electronic means or in another way upon request.
4. In the event that in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to him.

Article 4 - The offer

1. If an offer has a limited duration 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. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services, and/or digital content offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions laid down.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of 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 will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
4. Within the legal framework, the entrepreneur may – investigate whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for the responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
5. The entrepreneur shall, no later than upon delivery of the product, service, or digital content to the consumer, include the following information, either in writing or in such a way that it can be stored by the consumer in a accessible manner on a durable medium:

- The visit address of the entrepreneur's establishment where the consumer can address complaints;
- The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- Information about warranties and existing post-purchase service;
- The price including all taxes of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance contract;
- The requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
- If the consumer has a right of withdrawal, the model withdrawal form.

In the case of a durable transaction, the provision in the preceding paragraph applies only to the first delivery.

Article 6 - Right of Withdrawal

1. The consumer can terminate an agreement regarding the purchase of a product within a cooling-off period of at least 14 days without giving any reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot require the consumer to provide his reasons.
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:

- if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided that he has informed the consumer of this clearly prior to the ordering process;
- if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or part.

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

1. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a physical store.
2. The consumer is only liable for any reduction in value of the product resulting from handling the product beyond what is necessary as described in paragraph 1.
3. The consumer is not liable for any reduction in value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the contract.

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

1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this within the cooling-off period by means of the model withdrawal form or in any other unambiguous manner.
2. The consumer shall return the product as soon as possible, but no later than 14 days after the day following the notification referred to in paragraph 1, or hand it over to (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any case if he returns the product before the cooling-off period has expired.
3. The consumer shall return the product with all accessories supplied, 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 the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer shall bear the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs of returning the product.
6. If the consumer withdraws after having expressly requested that the provision of the service or the supply of gas, water or electricity not be made in a limited volume or quantity or to the supply of district heating begins during the cooling-off period, the consumer owes the entrepreneur an amount proportional to that part of the commitment that the entrepreneur has fulfilled at the time of withdrawal, compared to the full performance of the commitment.
7. The consumer shall not incur any costs for the performance of services or the supply of water, gas, or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
   • the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal, or the model withdrawal form; or
   • the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.

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

   • prior to its delivery, he has not expressly agreed to commence performance of the agreement before the end of the cooling-off period;

   • he has not acknowledged that he loses his right of withdrawal when granting his consent; or

   • the entrepreneur has failed to confirm this statement from the consumer.

   • If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal

1. If the entrepreneur enables the consumer to make the withdrawal notification electronically, he shall immediately send an acknowledgment of receipt upon receiving this notification.
2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay and no later than 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever occurs earlier.
3. The entrepreneur shall use the same means of payment for the refund as the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obliged to refund the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur may 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 a timely manner before the conclusion of the contract:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period.

Agreements concluded during a public auction. A public auction means a sales method whereby products, digital content, and/or services are offered by the entrepreneur to consumers who are personally present or have the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;

Service contracts, after full performance of the service, but only if:
- the performance has begun with the consumer's express prior consent; and
- the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
Service contracts for the provision of accommodation, if a specific date or period of performance is provided for in the contract and other than for residential purposes, goods transport, car rental services, and catering;
- Agreements relating to leisure activities, if a specific date or period of performance is provided for in the contract;
- Products made to the consumer's specifications, which are not prefabricated and which are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
- Products that, by their nature, are irrevocably mixed with other products after delivery;
- Alcoholic beverages for which the price was agreed upon at the time of the conclusion of the contract, but the delivery of which can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no control;
- Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;
- Newspapers, periodicals, or magazines, with the exception of subscriptions to these publications;
- The supply of digital content other than on a tangible medium, but only if:

• the performance has begun with the consumer's express prior consent; and
• the consumer has declared that he thereby loses his right of withdrawal.

Article 11 - The price

1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. These fluctuations and the fact that any prices mentioned are guide prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
   - these are the result of legal regulations or provisions; or
   - the consumer has the authority to terminate the contract on the day the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

Article 12 - Performance of the contract and additional guarantee

1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can enforce against the entrepreneur on the basis of the contract if the entrepreneur has failed to fulfill his part of the contract.
3. An additional guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer, or manufacturer in which he grants certain rights or claims to the consumer that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the contract.

Article 13 - Delivery and execution

1. The entrepreneur shall exercise the utmost care when receiving and executing product orders and when assessing requests for the provision of services.
2. The address provided by the consumer to the entrepreneur shall be deemed the place of delivery.
3. Subject to what is stated about this in article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders expeditiously but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and to claim any damages.
4. After dissolution in accordance with the preceding paragraph, the entrepreneur shall refund the amount that the consumer has paid without delay.
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 made known representative of the entrepreneur, unless expressly agreed otherwise.

Article 14 - Duration contracts: duration, termination, and extension

Termination:

1. The consumer can terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of up to one month.
2. The consumer can terminate an agreement entered into for a definite period and which provides for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of up to one month.
3. The consumer can terminate the agreements mentioned in the preceding paragraphs:
   - at any time and is not limited to termination at a specific time or during a specific period;
   - at least terminate in the same manner as they were entered into by him;
   - always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension:

4. An agreement entered into for a definite period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

• Notwithstanding the preceding paragraph, an agreement entered into for a definite period and which provides for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months if the consumer can terminate this extended agreement at the end of the extension period with a notice period of up to one month.
• An agreement entered into for a definite period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of up to one month. The notice period is up to three months if the agreement provides for the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
• An agreement with a duration of less than one year for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration:

5. 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 up to one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.

Article 15 - Payment

1. Unless otherwise agreed in the contract or additional terms, amounts due from the consumer must be paid within 14 days after the commencement of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the contract. In the case of a service contract, this period starts on the day after the consumer receives confirmation of the contract.
2. In the sale of goods to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. When an advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. If the consumer fails to fulfill his payment obligation(s) in a timely manner, he is in default after the entrepreneur has reminded him of the late payment and the consumer has been given a 14-day period to still meet his payment obligations, after the expiry of this 14-day period, the consumer is liable for the statutory interest on the still due amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500, and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages to the benefit of the consumer.

Article 16 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed answer.
4. A complaint about a product, service, or the service of the entrepreneur can also be submitted via a complaints form on the consumer page of the website of the Webshop Keurmerk Foundation (http://keurmerk.info/Home/MisbruikOfKlacht). The complaint will then be sent to both the relevant entrepreneur and the Webshop Keurmerk Foundation.
5. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months of submitting the complaint, a dispute arises that is susceptible to the dispute settlement procedure.

Article 17 - Disputes

1. For agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law shall apply.
2. Disputes between the consumer and the entrepreneur regarding the conclusion or execution of agreements concerning products and services to be supplied or supplied by this entrepreneur can, subject to the following, be submitted to the Webshop Disputes Committee, PO Box 90600, 2509 LP The Hague (www.sgc.nl).
3. A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur in a timely manner.
4. The dispute must be submitted to the Disputes Committee in writing no later than twelve months after the dispute arose.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer must, within five weeks of a written request by the entrepreneur to that effect, state in writing whether he also wishes to do so or whether he wishes to have the dispute settled by the competent court. If the entrepreneur does not receive the consumer's choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee will issue a decision under the conditions as established in its regulations (http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop). The decisions of the Disputes Committee are made by way of binding advice.
7. The Disputes Committee will not handle a dispute or will discontinue handling it if the entrepreneur has been granted a suspension of payments, has been declared bankrupt, or has actually terminated his business activities before the dispute has been heard by the committee and a final judgment has been rendered.
8. If, in addition to the Webshop Disputes Committee, another recognized disputes committee affiliated with the Foundation for Consumer Complaints Boards (SGC) or the Financial Services Complaints Institute (Kifid) has jurisdiction, the Webshop Keurmerk Disputes Committee is preferably competent for disputes primarily concerning the method of distance selling or service provision. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid is competent.

Article 18 - Industry Guarantee

1. The Webshop Keurmerk Foundation guarantees compliance with the binding recommendations of the Webshop Keurmerk Disputes Committee by its members, unless the member decides to submit the binding recommendation to the court for review within two months of its dispatch. This guarantee is revived if the binding recommendation is upheld after review by the court and the judgment confirming this has become final and conclusive. Up to a maximum of €10,000 per binding recommendation, this amount is paid out by the Webshop Keurmerk Foundation to the consumer. For amounts exceeding €10,000 per binding recommendation, €10,000 is paid out. For the excess, the Webshop Keurmerk Foundation has an obligation to make efforts to ensure that the member complies with the binding recommendation.
2. To invoke this guarantee, the consumer must make a written appeal to the Webshop Keurmerk Foundation and assign his claim against the entrepreneur to the Webshop Keurmerk Foundation. If the consumer's claim against the entrepreneur exceeds €10,000, the consumer will be offered the option of transferring his claim exceeding €10,000 to the Webshop Keurmerk Foundation, after which this organization will seek payment thereof in its own name and at its own expense in court for the benefit of the consumer.

Article 19 - Additional or Deviating Provisions

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 medium.

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

1. The Webshop Keurmerk Foundation shall not amend these general terms and conditions except in consultation with the Consumers' Association.

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

 

Attachment I: Model Withdrawal Form

Model Withdrawal Form

(only fill out and return this form if you wish to withdraw from the agreement)

To: Lanzfeld B.V.
Spiegelstraat 10
2631 RS Nootdorp

I/We* hereby inform you that I/we* withdraw from our agreement regarding the sale of the following products: [product description]*

Ordered on*/Received on* [date of receipt of products]

[Name of consumer(s)]

[Address of consumer(s)]

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

* Delete as applicable or fill in as applicable