General Terms and Conditions
These General Terms and Conditions of Stichting Webshop Keurmerk (the Dutch Foundation for Quality Assured Webshops) were drawn up in consultation with Consumentenbond (the Dutch Consumers’ Association), within the framework of the Sociaal-Economische Raad’s Coördinatiegroep Zelfreguleringsoverleg (CZ) (i.e. the Social and Economic Council of the Netherlands’ Self-Regulation Coordination Group) and will enter into effect as of 1 June 2014.
These General Terms and Conditions are to be used by all members of Stichting Webshop Keurmerk, with the exception of financial services as defined in the Financial Supervision Act and insofar as such services are under the supervision of Autoriteit Financiële Markten (the Dutch Authority for the Financial Markets).
Disclaimer. Given that these general terms and conditions are to be applied broadly, we wish to note explicitly that some aspects of our services and products diverge from them. Our product is one that is fresh. Provisions such as those referred to in articles 6, 7 and 8 are of course very difficult to apply in the case of fresh products. However, on the basis of these articles, we will nonetheless follow up on any potential responses with due care.
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the company
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - The consumer's obligations during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof
Article 9 - The company’s obligations in case of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional guarantee
Article 13 - Delivery and fulfilment
Article 14 - Continuing performance contract: term, termination by notice and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Sectoral guarantee
Article 19 - Additional or contrary provisions
Article 20 - Changes to Stichting Webshop Keurmerk’s general terms and conditions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
1. Supplementary agreement: an agreement whereby the consumer purchases products, digital content and/or services in relation to a distance contract, and these items, digital content and/or services are supplied by the company or a third party on the basis of an arrangement between that third party and the company;
2. Cooling-off period: the period within which the consumer may avail of his/her right of withdrawal;
3. Consumer: the natural person not acting with a view to objectives relating to his/her trade, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Continuing performance contract: a contract intended to cover the regular supply of goods, services and/or digital content over a given period;
7. Durable medium: any tool – including e-mail – that enables the consumer or company owner to save information which is addressed to him/her personally in a manner which makes possible the future consultation or use of the saved information over a period set in accordance with the purpose for which the information is intended, or makes possible its reproduction in identical form;
8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
9. Company or company owner (hereinafter: company): the legal entity which (or natural person who) is a member of Stichting Webshop Keurmerk and offers products, digital content (or access thereto) and/or services marketed or sold at distance to consumers;
10. Distance contract: a contract, concluded between the company and the consumer in the context of an organised system for the distance selling or marketing of products, digital content and/or services, prior to whose conclusion, partial or exclusive use is made of one or more technologies for long-distance communication;
11. Standard withdrawal form: the European standard withdrawal form found in Appendix I of these terms and conditions;
12. Technology for distance communication: means that may be used to conclude a contract, without the consumer and company needing to be present simultaneously in the same place;
Article 2 – Identity of the company
e•bloom building sustainable partnerships B.V.
Japanlaan 15 - 17
1432 DK Aalsmeer
Ch. of Comm. number: 77835700
Article 3 – Applicability
1. These general terms and conditions apply to each of the company’s offers and every distance contract concluded between company and consumer.
2. The consumer will be provided with the text of these general terms and conditions prior to the conclusion of the distance contract. If this is not reasonably possible, prior to the conclusion of the distance contract, the company will indicate the manner in which the general terms and conditions may be examined at the company, and make clear that these will be sent to the consumer on request, free of charge and at the earliest possible juncture.
3. Should the distance contract be concluded digitally, in deviation from the foregoing paragraph and prior to the conclusion of the distance contract, the consumer may be provided with the text of these general terms and conditions in such a way that these may be saved by the consumer in a straightforward manner on a durable medium. If this is not reasonably possible, prior to the conclusion of the distance contract, an intimation of where the general terms and conditions may be accessed digitally will be provided and it will be made clear that these will be sent to the consumer on request, digitally or by other means and free of charge.
4. Where specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs will apply mutatis mutandis, and the consumer remains entitled, in case of contradictory terms and conditions, to invoke the applicable provision most favourable to him/her.
Article 4 – The offer
1. Should an offer’s term of validity be limited or the offer be made conditionally, this will be stated expressly in the offer.
2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. Where the company makes use of images, these are an accurate representation of the products, services and/or digital content offered. Any obvious mistakes or errors in the offer are not binding on the company.
3. Each offer contains information such that any rights and obligations attached to the acceptance of the offer are clear to the consumer.
Article 5 – The contract
1. Subject to the provisions of article 4, the contract is concluded once the consumer has accepted the offer and the conditions pertaining thereto have been met.
2. Should the consumer accept the offer by digital means, the company will immediately confirm receipt of the offer’s acceptance, also by digital means. As long as the company has not confirmed receipt of this acceptance, the consumer may terminate the contract.
3. Should the contract be concluded digitally, the company will take appropriate technical and organisational measures to secure the digital transfer of data and will ensure a secure web environment. Should the consumer be capable of electronic payment, the company will duly take appropriate security measures to enable this.
4. Within the statutory parameters, the company may gather information as to whether the consumer is capable of meeting his/her payment obligations, and in respect of any facts or factors of importance in the responsible conclusion of the distance contract. Should, on the basis of this information, the company have good grounds not to conclude the contract, it is entitled on the basis of reasoned argumentation to refuse the order or request, or to attach special conditions to the implementation thereof.
5. No later than on delivery of the product, service or digital content to the consumer, the company will send the following information to the consumer in writing or by such means that it may be saved by the consumer in an accessible manner on a durable medium:
a. the address of the company’s branch to which the consumer may address any complaints he/she may have;
b. the conditions under and manner in which the consumer is entitled to use his/her right of withdrawal, or a clear statement concerning the preclusion of the right of withdrawal;
c. the information concerning guarantees and any after-sales service;
d. the price of the product, service or digital content, including all taxes; the costs of delivery, where applicable; and the means of payment, delivery or implementation of the distance contract;
e. the requirements for termination of the contract if the contract has a term of longer than a year or is open-ended;
f. should the consumer have a right of withdrawal, the standard withdrawal form.
6. In case of a continuing performance contract, the provision in the foregoing paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
In respect of products:
1. The consumer is entitled to terminate a contract concerning the purchase of a product without providing any reason during a cooling-off period of at least of 14 days. The company may ask the consumer the reason for withdrawal, but may not oblige the consumer to divulge his/her reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party other than the carrier designated in advance by the consumer, has received the product, or:
3. where the consumer has ordered several products on the same order: the day on which the consumer, or a third party designated by him/her, receives the last of these products. Provided it has clearly informed the consumer hereof prior to the ordering process, the company may refuse an order of several products with varying delivery dates.
4. where the delivery of a product consists of various instalments or parts: the day on which the consumer, or a third party designated by him/her, receives the last instalment or part;
5. in case of contracts for the regular delivery of products over a specific period: the day on which the consumer, or a third party designated by him/her, receives the first of these products.
In respect of services and digital content which is not supplied on a physical carrier:
1. The consumer is entitled to terminate a service contract and a contract for the supply of digital content which is not supplied on a physical carrier for a period of at least 14 days, without providing any reason. The company may ask the consumer the reason for withdrawal, but may not oblige the consumer to divulge his/her reason(s).
2. The cooling-off period referred to in paragraph 3 commences on the day following that on which the agreement has been concluded.
Extended cooling-off period for products, service and digital content which is not supplied on a physical carrier in case of non-provision of information on right of withdrawal:
1. If the company has not provided the consumer with the information it is statutorily required to provide concerning the right of withdrawal or the standard withdrawal form, the cooling-off period ends twelve months from the end of the original cooling-off period set in accordance with the paragraphs of this article above.
2. Should the company have provided the information referred to in the foregoing paragraph to the consumer within twelve months of the date of commencement of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer has received that information.
Article 7 – The consumer's obligations during the cooling-off period
1. The consumer will handle the product and its packaging with due care during the cooling-off period. He/she will only remove the product from its packaging or use it to the extent this is necessary to determine the character, features and functioning of the product. The principle here is that the consumer may only handle and inspect the product in the same way he/she would in a shop.
2. The consumer is only liable for that reduction in value of the product which has resulted from handling the product in ways other than those permitted in paragraph 1.
3. The consumer is not liable for reduction in value of the product if the company has not provided him/her with all statutorily required information concerning the right of withdrawal prior to or on conclusion of the contract.
Article 8 – Exercise of the right of withdrawal by the consumer and the costs thereof
1. If the consumer makes use of his/her right of withdrawal, he must inform the company hereof within the cooling-off period by means of the standard withdrawal form or by other unequivocal means.
2. As soon as possible, and in any case within 14 days of the day subsequent to the notification referred to in paragraph 1, the consumer will return or present the product to the company (or an authorised agent of the company). This is not required where the company itself has offered to collect the product. The consumer is deemed to have observed the deadline for return in any case if he/she returns the product prior to the expiry of the cooling-off period.
3. The consumer returns the product along with any accessories delivered with it, and to the extent reasonably possible, in its original state and packaging and in accordance with any reasonable and clear instructions provided by the company.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal are borne by the consumer.
5. The consumer must also bear the direct costs of returning the product. If the company fails to state that the consumer must bear these costs, or if the company indicates that it will bear such costs itself, the consumer does not have to bear the costs of return.
6. Should the consumer withdraw having first expressly requested that the supply of the service or of gas, water or electricity which has not been prepared for sale in a limited volume or certain quantity commence during the cooling-off period, the consumer owes the company an amount that is proportional to that part of the obligation met by the company at the moment of withdrawal, in comparison to full compliance with the obligation.
7. The consumer does not bear any of the costs for the supply of services or water, gas or electricity which has not been prepared for sale in a limited volume or certain quantity, or for the supply of district heating, if:
8. the company has failed to provide the consumer with the statutorily required information concerning the right of withdrawal, the reimbursement of costs in case of withdrawal or the standard withdrawal form, or;
9. the consumer has not expressly requested that the supply of the service or gas, water, electricity or district heating commence during the cooling-off period.
1. The consumer does not bear any of the costs of the full or partial supply of digital content not delivered on a physical carrier, if:
2. he/she has not expressly agreed prior to delivery to the commencement of performance of the contract prior to the end of the cooling-off period;
3. he/she has not acknowledged the loss of his/her right of withdrawal on the granting of his/her permission; or
4. the company has failed to confirm such statement on the consumer’s part.
1. If the consumer uses his/her right of withdrawal, all supplementary agreements are terminated by operation of law.
Article 9 – The company’s obligations in case of withdrawal
1. If the company enables the digital notification of withdrawal by the consumer, on receipt of such notification, it immediately sends an acknowledgment of receipt.
2. The company reimburses all payments made by the consumer immediately, or in any case within 14 days of the day on which the consumer notifies it of the withdrawal, including any delivery costs charged by the company on the returned product. Unless the company itself offers to collect the product, it may delay repayment until it has received the product, or until the consumer has demonstrated that it has returned the product, depending on which happens first.
3. For repayment, the company uses the same means of payment that the consumer has used, unless the consumer agrees to another method. The repayment is free of charge to the consumer.
4. If the consumer chooses a more expensive means of delivery than the cheapest standard delivery, the company does not have to repay the additional costs of the more expensive means.
Article 10 – Exclusion of right of withdrawal
The company may exclude the following products and services from the right of withdrawal, but only if the company has stated this clearly at the time of offer, or in any case in good time prior to the contract's conclusion:
1. Products or services whose price is linked to fluctuations on the financial market over which the company has no influence and which may occur within the withdrawal period
2. Agreements that are concluded at public auction. A public auction is defined as a means of selling whereby products, digital content and/or services are offered by the company to the consumer who is present in person or is given the opportunity of being present in person at the auction, as held by an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, following full implementation of the service, but only if:
4. implementation has commenced with the consumer’s express prior consent; and
5. the consumer has declared that he/she will lose his/her right of withdrawal as soon as the company has carried out the contract in full;
1. Service contracts for the provision of accommodation, if the contract includes a specific date or period of implementation, and for purposes other than residential ones and those of goods transport, vehicle rental services or catering;
2. Contracts relating to leisure activities, if the contract specifies a date or period for implementation of these;
3. Products produced according to the consumer’s specifications, who are not prefabricated and are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
4. Products which perish quickly or have a limited shelf-life;
5. Sealed products which, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken following delivery;
6. Products which, due to their character, have been mixed irreversibly with other products following delivery;
7. Alcoholic drinks of which the price has been agreed on conclusion of the contract, but of which delivery may only take place after 30 days, and whose weekly value depends on fluctuations in the market over which the company has no influence;
8. Sealed audio or video recordings and computer programmes, whose seals have been broken following delivery;
9. Newspapers, journals or magazines, with the exception of subscriptions to these;
10. The supply of digital content other than by way of a physical carrier, but only where:
11. the supply has commenced with the consumer’s express prior consent; and
12. the consumer has declared that he/she loses his/her right of withdrawal as a result.
Article 11 – The price
1. For the duration of the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. In deviation from the foregoing paragraph, the company may offer at variable prices products or services whose prices are linked to fluctuations in the financial market over which the company has no influence. Both this linkage with fluctuations and the fact that stated prices are potentially guide prices are stated with the offer.
3. Price increases within 3 months of the contract’s conclusion are only permitted when they are the consequence of statutory regulations or provisions.
4. Price increases after 3 months of the conclusion of the contract are only permitted if the company has stipulated these and:
a. these are the consequence of statutory regulations or provisions; or
b. the consumer is entitled to terminate the contract from the day on which the price increase commences.
5. The prices of products and services referred to in the offer include VAT.
Article 12 – Compliance and additional guarantee
1. The company guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or practicability and the statutory provisions and/or government regulations in effect on the date of the contract’s conclusion. Where agreed, the company also guarantees that the product is suitable for non-standard use.
2. Any additional guarantee provided by the company, its supplier, manufacturer or importer may never limit the statutory rights and claims the consumer may exercise in respect of the company on the basis of the contract where the company has failed to comply with its part of the contract.
3. Additional guarantee is here defined as any obligation on the part of the company, its supplier, importer or manufacturer, granting specific rights or claims to the consumer which go further than those to which the company is statutorily obliged when it has failed to comply with its part of the contract.
Article 13 – Delivery and fulfilment
1. The company will exercise the greatest possible care in its receipt and carrying out of orders for products and in the evaluation of requests for the provision of services.
2. The place of delivery is the address of which the consumer has notified the company.
3. In due observance of that which is stated in relation hereto in article 4 of these general terms and conditions, the company will fulfil accepted orders promptly and in any case within 30 days, unless another term of delivery has been agreed. Should delivery be delayed, or if an order cannot, or can only partially, be fulfilled, the consumer will receive notification hereof within 30 days of having placed the order. In such cases, the consumer is entitled to terminate the contract without costs, and is potentially entitled to compensation.
4. Following termination in accordance with the previous paragraph, the company will immediately pay back the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the company until the point of delivery to the consumer or to a representative designated in advance of which the company has been notified, unless agreed expressly otherwise.
Article 14 – Continuing performance contract: term, termination by notice and extension
Termination by notice:
1. The consumer may terminate an open-ended contract for the regular delivery of products (including electricity) or services at all times, with due observance of the rules of termination by notice agreed with regard thereto and a notice period of no more than one month.
2. The consumer is free at all times to terminate a fixed-term contract for the regular delivery of products (including electricity) or services with effect from the end of the fixed term, with due observance of the rules of termination by notice agreed in respect thereof and a notice period of no more than one month.
3. In respect of the contracts referred to in the foregoing paragraphs, the consumer may:
- terminate these at any time, while not having to do so at a given time or within a given period;
- terminate them in the same manner as he/she entered into them, and potentially in other ways too;
- always terminate them with the same notice period as the company has stipulated for itself.
1. A fixed-term contract concluded to provide for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed term.
2. In deviation from the foregoing paragraph, a contract concluded for a fixed term to provide for the regular delivery of daily, weekly and other newspapers, or journals and magazines may be tacitly extended for a fixed term of up to three months, as long as the consumer may terminate this extended contract with effect from the end of the extension, providing notice of no more than one month.
3. A fixed-term contract concluded to provide for the regular delivery of products or services, may only be tacitly extended indefinitely if the consumer may give notice of termination at any time, observing a notice period of no more than one month. Where the contract provides for the regular, but less frequently than monthly, delivery of daily, weekly and other newspapers, journals and magazines, the period of notice may be no more than three months.
4. An introductory contract, limited in term to the regular delivery of daily, weekly and other newspapers, journals and magazines (a trial or introductory subscription) is not tacitly extended and ends automatically on expiry of the trial or introduction period.
1. If a contract has a duration of more than a year, after a year, the consumer is at all times free to terminate the contract with a notice period of no more than one month, unless reasonableness and fairness precludes termination prior to the end of the agreed term.
Article 15 – Payment
1. To the extent to which there exist no provisions to the contrary in the contract or supplementary terms and conditions, the amounts owed by the consumer must be paid within 14 days of the commencement of the cooling-off period or, in the absence of a cooling-off period, within 14 days of the contract’s conclusion. In case of a contract to provide a service, this term commences on the day after the consumer has received confirmation of the contract.
2. Where the sale of products to consumers is concerned, general terms and conditions may never oblige the consumer to pay more than 50% in advance. When advance payment is stipulated, the consumer may not exercise any rights whatsoever concerning the implementation of the order or service(s) in question, before the stipulated advance payment has been made.
3. The consumer is obliged to immediately inform the company of any errors in payment details provided or stated.
4. Should the consumer fail to meet his/her payment obligation(s) in a timely manner, having been notified by the company of overdue payment and been given a further 14 days in which to meet his/her payment obligation(s) as yet, and having continued to fail to make the payment within this subsequent 14 day period, he/she will owe statutory interest on the outstanding amount, and the company is entitled to charge him/her for any extrajudicial collection costs it incurs. These collection costs are a maximum of: 15% on amounts due up to € 2,500; 10% on the subsequent € 2,500 and 5% on the next € 5,000, with a minimum of € 40. The company may deviate from the aforementioned amounts and percentages to the consumer’s benefit.
Article 16 – Complaints procedure
1. The company operates a sufficiently transparent complaints procedure and handles any complaints in accordance with this procedure.
2. Complaints about the implementation of the contract, containing a full and clear description of any defects, must be submitted to the company promptly once the consumer has discovered such defects.
3. Complaints submitted to the company will be responded to within a period of 14 days calculated from the date on which they are received. Where a complaint is expected to require more time to process, the company responds within the 14 day period with a notification of receipt and an indication of when the consumer may expect a more extensive response.
4. Any complaint concerning a product or service (including the company’s own service) may also be submitted via a complaints form on the consumer page of Stichting Webshop Keurmerk’s website. The complaint is then forwarded to both the company in question and Stichting Webshop Keurmerk.
5. If the complaint cannot be resolved by agreement within a reasonable period, or in any case within 3 months of its submission, a dispute may be said to have arisen in respect of which dispute settlement rules should be applied.
Article 17 – Disputes
1. Agreements between the company and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
2. Disputes between the consumer and the company concerning the conclusion or implementation of contracts relating to products and services supplied or as yet to be supplied by this company may, in due observance of the following provisions, be submitted by either the consumer or the company to Geschillencommissie Webshop (the Dutch Webshop Disputes Committee), PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
3. Disputes are only handled by the Disputes Committee when the consumer has first promptly submitted his/her complaint to the company.
4. The dispute must be submitted in writing to the Disputes Committee no more than twelve months after the dispute has arisen.
5. When the consumer decides to submit a dispute to the Disputes Committee, the company is bound to that decision. When the company desires to submit a dispute, the consumer must declare in writing within five weeks of a request made in writing by the company to that end whether he/she also desires it or wishes to have the court competent in such matters handle the dispute. If the company does not receive word of the consumer’s preference within the five week period, then the company is entitled to submit the dispute to the competent court.
6. The Disputes Committee will settle the dispute under the terms and conditions set out in the Disputes Committee’s rules of procedure(http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop). The Disputes Committee’s decisions are binding.
7. The Disputes Committee will not handle a dispute, or will cease handling it, if suspension of payment has been granted to the company, it has gone into liquidation or it has actually discontinued its operations prior to the dispute’s having been heard by the committee and final judgment having been delivered.
8. If a Stichting Geschillencommissies voor Consumentenzaken (Foundation for Consumer Complaints Boards, SGC) or Klachteninstituut Financiële Dienstverlening (Financial Services Complaints Tribunal, Kifid) affiliated or registered disputes committee other than Geschillencommissie Webshop also has jurisdiction, the jurisdiction of the Stichting Webshop Keurmerk Disputes Committee is preferred in disputes primarily concerning the method of distance selling or service provision. For all other disputes, the jurisdictions of other SGC or Kifid-affiliated disputes committees are preferred.
Article 18 – Sectoral guarantee
1. Stichting Webshop Keurmerk guarantees the compliance of its members with the binding decisions of the Stichting Webshop Keurmerk Disputes Committee, unless the member decides to submit the binding decision to the courts for assessment within two month of it having been sent. This guarantee is revived if, following assessment by the courts, the binding decision is upheld and the judgment bearing it out becomes final and conclusive. This amount is paid to the consumer by Stichting Webshop Keurmerk up to an amount of €10,000 maximum per binding decision. In case of amounts of over €10,000 per binding decision, €10,000 is paid out. For the excess, Stichting Webshop Keurmerk has a best-efforts obligation to ensure that the member complies with the binding decision.
2. Application of this guarantee requires that the consumer make a claim under it in writing with Stichting Webshop Keurmerk and that he/she transfer this claim against the company to Stichting Webshop Keurmerk. Should the claim against the company amount to more than €10,000, the consumer will be offered to transfer his/her claim to Stichting Webshop Keurmerk where it exceeds the amount of €10,000, after which this organisation will request payment thereof to the consumer in court, in its own name and at its own expense.
Article 19 – Additional or contrary provisions
Provisions which are supplementary or contrary to these general terms and conditions may not disadvantage the consumer, and must be submitted in writing or in such a way that they may be saved by the consumer in an accessible way on a durable medium.
Article 20 – Changes to Stichting Webshop Keurmerk’s general terms and conditions
1. Stichting Webshop Keurmerk may not change these general terms and conditions without the prior consent of the Consumentenbond.
2. Changes to these terms and conditions will only take effect once published in an appropriate way, provided that, in case of changes applied during the term of validity of an offer, the provision most favourable to the consumer will prevail.
Address of Stichting Webshop Keurmerk:
Willemsparkweg 193, 1071 HA Amsterdam
If you want to download a PDF of these General Terms and Conditions click here.
When wanted, you can print them from this PDF.