General Terms and Conditions

 

General Terms and Conditions for Members of the WebwinkelKeur Foundation

 

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 - Costs in Case of Withdrawal

Article 8 - Exclusion of Right of Withdrawal

Article 9 - The Price

Article 10 - Conformity and Guarantee

Article 11 - Delivery and Execution

Article 12 - Long-term Transactions: Duration, Termination, and Renewal

Article 13 - Payment

Article 14 - Complaints Procedure

Article 15 - Disputes

Article 16 - Additional or Deviating Provisions

 

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

 

  1. Reflection period: the period during which the consumer can make use of his right of withdrawal;
  2. Consumer: the natural person who does not act for purposes related to his trade, business, craft, or profession and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Long-term transaction: a distance contract related to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
  5. Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the consumer's option not to proceed with the distance agreement within the reflection period;
  7. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions;
  8. Entrepreneur: the natural or legal person offering products and/or services to consumers from a distance;
  9. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement;
  10. Means of distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time.
  11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

 

Article 2 - Identity of the Entrepreneur

Amitis

Knoppersweg 12b

Phone number: 06-11936423

Email address: [email protected]

Chamber of Commerce number: 78759188

VAT identification number: NL003375974B05

 

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
  2. Before the distance agreement 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 agreement is concluded, that the general terms and conditions are available for inspection at the entrepreneur's premises and they will be sent free of charge as soon as possible at the consumer's request.
  3. If the distance agreement is concluded electronically, in deviation from the previous paragraph, and before the distance agreement 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 it on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent to the consumer free of charge electronically or in another way upon request.
  4. In the event that besides these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
  5. If one or more provisions in these general terms and conditions are void or are annulled at any time, the agreement and these terms and conditions will remain in force and the relevant provision will be replaced in consultation as soon as possible by a provision that approximates the purpose of the original as much as possible.
  6. Situations not provided for in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
  7. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be explained "in the spirit" of these general terms and conditions.

 

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 is without obligation. The entrepreneur is entitled to change and adapt the offer.
  3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
  4. All images, specifications, data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
  5. Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  6. 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 the consumer accepts the offer and meets the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can notify or check, within the legal framework, whether the consumer can meet the payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
  5. Together with the product or service, the entrepreneur will send the consumer the following information in writing, or in such a way that the consumer can store it in an accessible manner on a durable medium:
  6. the office address of the entrepreneur's business where the consumer can lodge complaints;
  7. 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;
  8. the information about guarantees and existing after-sales service;
  9. the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery, or performance of the distance agreement;
  10. the requirements for canceling the agreement if the agreement has a duration of more than one year or for an indefinite period.
  11. In the case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.
  12. Every contract is concluded subject to the condition of sufficient availability of the respective products.

 

Article 6 - Right of Withdrawal

For products:

 

  1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but cannot force him to state his reason(s).
  2. The reflection period referred to in paragraph 1 starts on the day the product is received by the consumer or a third party designated by him in advance and who is not the carrier, or:
  3. if the consumer has ordered several 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, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
  4. if the delivery of a product consists of several shipments or parts: the day on which the consumer or a third party designated by him received the last shipment or the last part;
  5. in contracts for regular delivery of products during a given period: the day on which the consumer or a third party designated by him received the first product.
  6. For services and digital content that is not delivered on a tangible medium:
  7. The consumer can dissolve a service agreement and an agreement for the delivery of digital content that is not delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but cannot force him to state his reason(s).
  8. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
  9. Extended reflection period for products, services, and digital content that has not been delivered on a tangible medium in the event of non-informing about the right of withdrawal:
  10. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period in accordance with the previous paragraphs of this article.
  11. If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within twelve months after the starting date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

 

Article 7 - Costs in Case of Withdrawal

  1. If the consumer makes use of his right of withdrawal, he will report this to the entrepreneur within the reflection period by means of the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to (a representative of) the entrepreneur. This does not have to be done if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
  3. The consumer returns the product with all delivered accessories, if reasonably possible in the 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 fall on the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
  6. If the consumer withdraws after first expressly having requested that the provision of the service or the supply of gas, water, or electricity not made ready for sale in a limited volume or set quantity starts during the reflection period, the consumer is the entrepreneur an amount proportional to that part of the commitment that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full compliance with the commitment.
  7. The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
  8. he has not expressly agreed to the start of the performance of the agreement before the end of the reflection period;
  9. he has not acknowledged that he loses his right of withdrawal when giving his consent; or
  10. the entrepreneur has failed to confirm this statement from the consumer.
  11. If the consumer makes use of his right of withdrawal, all additional agreements end by operation of law.

 

Article 8 - Exclusion of the right of withdrawal

  1. The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly indicated this in the offer, at least in a timely manner before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
  3. that are made to the consumer's specifications by the entrepreneur;
  4. that are clearly of a personal nature;
  5. that cannot be returned due to their nature;
  6. that can spoil or age quickly;
  7. whose price is tied to fluctuations in the financial market that the entrepreneur has no control over;
  8. for newspapers and magazines sold separately;
  9. for audio and video recordings and computer software where the consumer has broken the seal.
  10. for hygiene products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  • related to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
  • whose delivery has started with the express consent of the consumer before the withdrawal period has expired;
  • related to betting and lotteries.

 

Article 9 - The price

  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 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 influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are indicative will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
  5. they are the result of statutory regulations or provisions; or
  6. the consumer has the right to terminate the agreement from the day the price increase takes effect. The prices stated in the offer of products or services include VAT. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.
  7. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

 

Article 10 - Conformity and Warranty

 

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for normal use other than for normal use.
  2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's statutory rights and claims based on the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. Return of the products must be in the original packaging and in new condition.
  4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:
  • the consumer has repaired or altered the delivered products himself or has had them repaired or altered by third parties;
  • the delivered products have been exposed to abnormal conditions or handled carelessly or contrary to the instructions of the entrepreneur and/or treated on the packaging;
  • the defect is wholly or partly the result of regulations prescribed or will be prescribed by the government regarding the nature or quality of the materials used.

 

Article 11 - Delivery and execution

  • The entrepreneur will exercise the utmost care when receiving and executing product orders and when assessing applications for the provision of services.
  • The address provided by the consumer to the company is considered the place of delivery.
  • Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but at least within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or can only be partially carried out, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation. All delivery times are indicative. The consumer cannot derive any rights from any stated deadlines. Exceeding a deadline does not entitle the consumer to compensation.
  • In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
  • If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. It will be clearly and comprehensibly stated during delivery that a replacement item is being delivered.
  • The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
  • The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

 

Article 12 - Duration transactions: duration, termination, and extension

Termination

 

  1. The consumer can terminate an agreement that has been concluded for an indefinite period and that aims at the regular delivery of products (including electricity) or services at any time, taking into account the agreed termination rules and a notice period of up to one month.
  2. The consumer can terminate an agreement that has been concluded for a definite period and that aims at the regular delivery of products (including electricity) or services at any time at the end of the agreed period, taking into account 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;
  • terminate at least in the same way as they were entered into by him;
  • always terminate with the same notice period as the entrepreneur has stipulated for himself.

 

Extension

An agreement concluded for a definite period that aims at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific duration.

In deviation from the previous paragraph, an agreement concluded for a definite period that aims at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a specific duration 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 concluded for a definite period that aims at 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 and a notice period of up to three months in the event the agreement aims at 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

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of up to one month after one year, unless reasonableness and fairness oppose termination before the end of the agreed duration.

 

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received the confirmation of the agreement.
  2. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  3. In the event of consumer default, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

 

Article 14 - 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 performance of the agreement must be fully and clearly described and submitted to the entrepreneur within 2 months 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 period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved through mutual consultation, a dispute arises that is susceptible to the dispute settlement procedure.
  5. In the case of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints that cannot be resolved in mutual consultation, the consumer must turn to Stichting WebwinkelKeur (webwinkelkeur.nl), which will mediate for free. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the ruling of which is binding, and both the entrepreneur and the consumer agree to this binding ruling. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his option, either replace or repair the delivered products free of charge.

Article 15 - Disputes

  1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
  2. The Vienna Sales Convention does not apply.

 

Article 16 - 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.

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