Our Terms & Conditions

General Terms and Conditions

 

These General Terms and Conditions of Stichting Webshop Keurmerk were drafted in consultation with the Consumentenbond [Client’s Association] in the context of the Self-regulation Coordination Group [Coördinatiegroep Zelfreguleringsoverleg CZ] of the Socioeconomic Council [Sociaal-ecomische Raad] and come into force on 1 June 2014.

CONTENTS

 

Article 1  – Definitions

Article 2  – The Entrepreneur’s identity

Article 3  – Applicability

Article 4  – The offer

Article 5  – The agreement

Article 6  – Right of withdrawal

Article 7  – Client’s obligations during the reflection period

Article 8  – Exercising the Client’s right of withdrawal and the costs

Article 9  – Entrepreneur’s obligation in case of withdrawal

Article 10 – Exclusion of the right of withdrawal Article 11 – The price

Article 12 – Compliance and extra guaranty Article 13 – Delivery and execution

Article 14 – Continuing performance contract: duration, termination and extension Article 15 – Payment

Article 16 – Complaints procedure Article 17 – Disputes

Article 18 – Sector guarantee

Article 19 – Additional or varying provisions

Article 20 – Amendment to the General Terms and Conditions of Webshop Keurmerk

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

  1. Additional agreement: an agreement in which the Client acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the Entrepreneur or a third party on the basis of an arrangement between this third party and the Entrepreneur;
  2. Reflection period: the period during which the Client  may  use  his right of withdrawal;
  3. Client:
  4. B2C: Client, the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
  5. B2B: Business, the natural or legal person who does act for purposes related to his/her commercial, trade, craft or professional activities;
  6. Day: calendar day;
  7. Digital content: data produced and delivered in digital form;
  8. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
  9. Sustainable data carrier: any means, including email, that allow the Client or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
  10. Right of withdrawal: the B2C’s option not to proceed with the distance agreement within the cooling-off period;
  11. Entrepreneur: the natural or legal person who provides products, (access to) digital content and or services to Client at a distance;
  12. Distance contract: a contract concluded by the Entrepreneur and the Client within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
  13. Standard form for withdrawal: the European standard form for withdrawal included in Appendix 1;
  14. Technology for distance communication: a means to be used for concluding an agreement without the Client and the Entrepreneur being together in the same place at the same

Article 2 – The Entrepreneur’s identity

Name of Entrepreneur: More to Gift;

Business address: Daniel Stalpertstraat 63-III, 1072XB, Amsterdam, The Netherlands;

Email address: [email protected];

Chamber of Commerce number: 67282199;

VAT identification number: NL856911094B01

Article 3 – Applicability

  1. These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Client.
  2. Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
  3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Client electronically in such a way that the Client can easily store it on a long- term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Client´s request free of charge, either  via  electronic means or otherwise, before concluding the distance contract;
  4. In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Client may always appeal to the applicable provision that is most favorable to him/her.

Article 4 – The offer

  1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the
  2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Client to assess the products, or services and/or digital content adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the
  3. All offers contain such information that it is clear to the Client what rights and obligations are attached to accepting the

Article 5 – The contract

  1. Subject to the provisions in Article 4, the contract becomes valid when the Client has accepted the offer and fulfilled the terms and conditions
  2. If the Client accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Client may repudiate the
  3. If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organizational security measures for the electronic data transfer and ensure a safe web environment. If the Client can pay electronically, the Entrepreneur shall observe appropriate security
  4. The Entrepreneur may, within the limits of the law, gather information about Client’s ability to fulfill his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the
  5. Before delivering the product, the Entrepreneur shall send the following information along with the product, the service or the digital content in writing or in such manner that the Client can store it in an accessible manner on a long-term data carrier:
    1. the visiting address of the Entrepreneur´s business establishment where the Client may get into contact with any complaints;
    2. the conditions on which and the manner in which the Client may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
    3. the information corresponding to existing after-sales services and guarantees;
    4. the price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;
    5. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of
    6. the standard form for withdrawal if the Client has the right of withdrawal.
  6. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first

Article 6 – Right of withdrawal

B2C Client:

In case of products:

  1. The B2C Client can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The Entrepreneur may ask the B2C Client about the reason for the withdrawal but cannot force him to state his reason(s).
  2. The reflection period referred to in sub-clause 1 starts on the day the product is received by the B2C Client or by a third party appointed by him in advance and who is not the carrier, or
    1. if the B2C Client ordered several products in the same order: the day on which the B2C Client or a third party appointed by him received the last product. The Entrepreneur may refuse an order of several products

with different delivery dates provided that he clearly informs the B2C Client prior to the order process.

  1. in case the delivery of a product consists of several batches or parts: the day on which the B2C Client or a third party appointed by him received the last batch or the last
  2. in case of an agreement about regular delivery of products during a given period: the day on which the B2C Client or a third party appointed by him received the first

In case of services and digital content that is not delivered on a physical carrier:

  1. The B2C Client can terminate an agreement for services or an agreement for delivery of digital content that is not delivered on a physical carrier without giving reasons during at least 14 days. The Entrepreneur may ask the B2C Client about the reason for the withdrawal but cannot force him to state his reason(s).
  2. The reflection period referred to in sub-clause 3 starts on the day following the conclusion of the

Extended reflection period for products, services and digital content that has not been delivered on a physical carrier in case no information is given about the right of withdrawal:

  1. If the Entrepreneur has not provided the B2C Client with the legally required information about the right of withdrawal or has not provided the standard form for withdrawal, the reflection period expires twelve months after the end of the original reflection period in accordance with the reflection period determined in the previous sub-clauses of this
  2. If the Entrepreneur provided the B2C Client with the information referred to in the previous article within twelve months after the starting day of the original period of reflection, the period of reflection expires 14 day after the day on which the B2C Client received the

B2B Client:

  1. The B2B Client can only repudiate a purchase contract for a product in case the product is defect, damaged or has been delivered not as sold or a period of reflection of maximum 4 days. In case the B2B Client has reasons for the withdrawal, he first contacts the Entrepreneur to inform and to ask for a solution.
  2. The reflection period referred to in sub-clause 1 starts on the day the product is received by the B2B Client or by a third party appointed by him in advance and who is not the carrier, or
    1. if the B2B Client ordered several products in the same order: the day on which the B2B Client or a third party appointed by him received the last product. The Entrepreneur may refuse an order of several products

with different delivery dates provided that he clearly informs the B2B Client prior to the order process.

  1. in case the delivery of a product consists of several batches or parts: the day on which the B2B Client or a third party appointed by him received the last batch or the last
  2. in case of an agreement about regular delivery of products during a given period: the day on which the B2B Client or a third party appointed by him received the first

Article 7 – Client’s obligations during the time of reflection

  1. During this period, the Client shall handle the product and the packaging with care. The Client shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Client may only handle and inspect the product in the manner in which one is allowed to handle a product in a
  2. The Client is only liable for the decrease in value of the product that is caused by the way of handling the product which  went  further  than  allowed in sub-section
  3. The Client is not liable for the decrease in value of the product if the Entrepreneur has not provided him with all legal information about the right of withdrawal before concluding the

Article 8 – Exercising the Client’s right of withdrawal and the costs

  1. If the Client exercises his right of withdrawal he shall notify the Entrepreneur unambiguously with the standard form for withdrawal within the period of
  2. The Client shall return the product or deliver it to (the authorized representative of) the Entrepreneur as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1. This need not be done if the entrepreneur offered to collect the product himself. The Client observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.
  1. The Client shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the
  2. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the
  3. The Client shall bear the direct costs of returning the product. If the Entrepreneur has not reported that the Client has to bear these costs or if the Entrepreneur pointed out that he will bear the costs himself, the Client need not pay the cost of returning the
  4. The Client does not bear any cost for the full or partial delivery of digital content not stored on a physical carrier if
    1. prior to the delivery, he has not explicitly consented to start performance of the agreement before the end of the period of reflection;
    2. he did not acknowledge to lose his right of withdrawal when giving consent; or
    3. the Entrepreneur failed to confirm the Client’s
  5. If the Client exercises his right of withdrawal, all additional agreements end by operation of

Article 9 – Entrepreneur’s obligations in case of withdrawal

  1. If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return
  2. The Entrepreneur shall reimburse all payments made by the Client, including any delivery costs that the Client may charge for the returned product, as soon as possible but within 14 days following the day on which the Client notified him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, he can wait with paying back until having received the product or until the Client proved that he returned the product, whichever occurs
  3. The Entrepreneur shall make use of the same means of payment that the Client used, unless the Client consents to another method. The reimbursement is free of charge for the
  4. If the Client opted for a more expensive method of delivery instead of the cheapest standard delivery, the Entrepreneur need does not reimburse the additional costs for the more expensive

Article 10 – Exclusion of the right of withdrawal

The Entrepreneur can exclude the following products and services from the right of withdrawal but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement:

  1. Products or services with a price that is subject to fluctuations in  the  financial market on which the Entrepreneur has no influence and which may occur within the period of withdrawal;
  2. Agreements that are concluded during a public auction. A public auction is defined as a selling method whereby the Entrepreneur offers products, digital content and/or services to the Client who is personally present or has the possibility to be personally present at the auction under the direction of an auctioneer and whereby the successful bidder is obliged to purchase the products, the digital content and/or the
  3. Services agreements, after full performance of the service, but only if
    1. the performance started with the Client’s explicit prior consent; and
    2. the Client stated that he will lose his right of withdrawal as soon as the Entrepreneur has fully performed the
  4. Services agreements for making accommodation available when a certain period of implementation is provided and other than for  residential  purposes, goods transports, car rental services and catering;
  5. Agreements related to leisure activities when a certain date or period of performance is arranged in the agreement;
  6. Products manufactured in accordance with the Client’s specifications which are not prefabricated and which are produced on the basis of a Client’s individual choice or decision or which are intended for a specific person;
  7. Perishable products or products with a limited
  8. Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken;
  9. Products which for their nature are irreversibly mixed with other products;
  10. Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement but of which the delivery can take place only after 30 days, and whose real value depends on fluctuations in the market which the Entrepreneur cannot
  11. Sealed audio and video recordings and computer programs of which the seals were broken after delivery;
  12. Newspapers, periodicals or magazines, with the exception of subscriptions to them;
  13. The delivery of digital content other than on a physical carrier, but only if:
    1. the performance was started with the Client’s explicit prior consent;
    2. the Client stated that he will lose his right of withdrawal by doing

Article 11 – The price

  1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT
  2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target
  3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new
  4. Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and
    1. they are the result of legal regulations or stipulations, or
    2. the Client has the authority to cancel the contract before the day on which the price increase
  5. All prices indicated in the provision of products or services are including

Article 12 – Performance of an agreement and extra Guarantee

  1. The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal
  2. An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Client may exercise against the Entrepreneur about a failure in the fulfillment of the Entrepreneur’s obligations if the Entrepreneur has failed in the fulfillment of his part of the agreement.
  3. ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his Supplier, Importer or Manufacturer in whom he assigns certain rights or claims to the Client that go further than he is legally required in case he fails in the compliance with his part of the

Article 13 – Delivery and execution

  1. The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of
  2. The place of delivery is at the address given by the Client to the Entrepreneur.
  3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Client shall be informed about this within one month after ordering. In such cases, the Client is entitled to repudiate the contract free of charge and with the right to possible compensation.
  4. After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Client promptly but at least within 30 days after
  5. The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Client or a representative appointed in advance and made known to the Client, unless explicitly agreed otherwise.

Article 14 – Continuing performance agreements: duration, termination and renewal

Termination

  1. The Client may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products or services, with due observance of the termination rules and subject to not more than one month’s notice.
  2. The Client may at all times terminate a contract that was concluded for a specific time and which extends to the regular delivery of products or services at the end of the specific period, with due observance of the termination rules and a subject to not more than one month’s
  3. The Client can cancel the agreements mentioned in the preceding paragraphs:
    • at any time and not be limited to termination at a particular time or in a given period;
    • at least in the same way as they were concluded by him;
    • at all times with the same notice as the Entrepreneur stipulated for himself.

Duration

  1. If the duration of a contract is more than one year, the Client may terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist the termination before the end of the agreed

Article 15 – Payment

  1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Client must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day that the Client received the confirmation of the
  2. When selling products to Clients, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. If an advance payment was agreed, the Client may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance
  3. The Client has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or
  4. In case the Client has not complied with his payment obligation(s) in time, and the Entrepreneur has pointed out to him that the payment was late and allowed the Client a period of 14 days to comply with the payment obligations, the Client is to pay the statutory interest on the amount payable and the Entrepreneur is entitled to charge the Client with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. The Entrepreneur may deviate from the aforementioned amounts and percentages in favour of the Client.

Article 16 – Complaints procedure

 

  1. The Entrepreneur shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
  1. Complaints about the performance of the contract shall be submitted fully and clearly described to the Entrepreneur within a reasonable time after the Client discovered the
  2. The complaints submitted to the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Client can expect a more detailed
  3. If the complaint cannot be solved in joint consultation within a reasonable time or within 3 months after submitting the complaint, there will be a dispute that is open to the dispute settlement

Article 17 – Disputes

  1. Contracts between the Entrepreneur and the Client to which these General Terms and Conditions apply, are exclusively governed by Dutch
  2. With due observance of the provisions set out below, the disputes between the Client and the Entrepreneur about the formation or the performance of contracts related to products or services that the Entrepreneur must deliver or has already delivered can be submitted by both the Client and the Entrepreneur to Geschillencommissie Webshop, Postbus 90600,  2509  LP, The Hague (Den Haag) (www.sgc.nl).
  3. A dispute is handled by the Disputes Committee [Geschillencommissie] only if the Client submitted his/her complaint to the Entrepreneur within a reasonable
  4. The dispute must have been submitted in writing to the Geschillencommissie Webshop within three months after arising of the
  5. If the Client wishes to submit a dispute to the Geschillencommissie, the Entrepreneur is bound by this choice. When the Entrepreneur wishes to file the dispute to the Geschillencommissie, the Client must speak out in writing within five weeks after a written request made by the Entrepreneur whether he so desires or wants the dispute to be dealt with by the competent court. If the Entrepreneur has not heard of the Client’s option within the period of five weeks, the Entrepreneur is entitled to submit the dispute to the competent
  6. The Geschillencommissie’s decision will be made under the conditions as set out in the rules of the Arbitration Commission (http://www.degeschillencommissie.nl/over-onss/decommissies/2701/webshop). A decision made by the Geschillencommissie is a binding advice.
  7. The Disputes Committee will not handle a dispute or will discontinue handling it if the Entrepreneur is granted a moratorium, goes bankrupt or actually ended his business activities before the Commission has handled a dispute at the hearing and delivered a final
  8. If in addition to the Geschillencommissie Webshop another disputes committee recognised by or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) [Foundation for Client Complaints Committees] or the Klachteninstituut Financiële Dienstverlening (Kifid) [Financial Services Complaints Board] is competent, the disputes that are mainly related to sales methods or  distance  services,  the Geschillencommissie Webshop Keurmerk is preferably competent, and for all other disputes, the disputes committee recognised by and affiliated with the SGC or Kifid is

Article 19 – Additional provisions or derogations

Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Client’s detriment and must be put in writing or recorded in such a way that the Client can store them in an accessible manner on a long-term data carrier.

Appendix I: Standard form for withdrawal


 


 

Standard Form for Withdrawal

(Complete this form and return it only when you want to revoke the agreement)

  • To:

More to Gift

Daniel Salpertstraat 62-III

1072XB Amsterdam

[email protected]

  • I/We hereby inform you that I/we wish to revoke our agreement on the sale of the following  products:  [specification  of  the  product] * the delivery of the following digital content [specification of the digital content] * the performance of the following service [specification of the service] * ordered on*/received on* [date of ordering the services or receiving products]*
  • [Client’s name]
  • [Client’s address]
  • [Client’s signature] (only when this form is submitted on paper)

*) Delete and/or complete where appropriate.