Terms and conditions
Terms Webshop Hallmark
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These Terms and Conditions of Stichting Webshop Mark are drawn up in consultation with the Consumer and NTO in the context of the Self (CZ) of the Social and Economic Council and act for the Foundation Webshop Trustmark into force on 1 July 2012.
These Terms will be used by all members of the Foundation Webshop Certified except for financial services as defined in the Financial Supervision Act and to the extent these services are supervised by the Financial Markets Authority.
ARTICLE 1 - Definitions
ARTICLE 2 - The Entrepreneur's identity
ARTICLE 3 - Applicability
ARTICLE 4 - The offer
ARTICLE 5 - The contract
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 - Continuing performance, termination and renewal
ARTICLE 13 - Payment
ARTICLE 14 - Complaints
ARTICLE 15 - Disputes
ARTICLE 16 - Branch guarantee
ARTICLE 17 - Additional or different terms
ARTICLE 18 - Amendments to the General Conditions
Webshop Hallmark
ARTICLE 1 - DEFINITIONS
These conditions shall apply:
Grace period: The period during which the consumer can exercise his right of withdrawal;
Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
Day: calendar;
Duration transaction: a distance contract concerning a range of products and / or services, the supply and / or purchase is spread over time;
Durable medium: any means that the consumer or business that enables to store in a way that future consultation and unaltered reproduction of the stored information information that is personally addressed to him.
Right of withdrawal: the ability for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of the Foundation Webshop Certified products and / or services to consumers at a distance;
Distance contract: an agreement in the framework of a
organized by the entrepreneur for distance selling of products and / or services, to the conclusion of the contract, exclusive use of one or more means of distance communication;
Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same area have come together.
ARTICLE 2 - The Entrepreneur's identity
Entrepreneur Name: Selectkoi
Address: Het Erf 103 8256DH, Biddinghuizen
Phone and time (s) in which to achieve the business phone is: 0321848527/0644850397. Monday / Friday 09:00 to 17:00 hours.
Email: [email protected]
Chamber of Commerce number: 32157152
VAT identification number: NL192277832B03
ARTICLE 3 - Applicability
1. These general conditions apply to every offer of the entrepreneur and any agreement concluded at a distance between businesses and consumers.
2. Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the distance contract is closed, indicating that the general conditions for the entrepreneur to see and they will be sent. As soon as possible free of charge on request of the consumer
3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions are set in such a way that the consumer made available electronically to the consumer a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions electronically can be taken and that they electronically or otherwise will be sent free of charge. Requested by the consumer
4. In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision for him the most favorable is.
ARTICLE 4 - The offer
1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow. A proper assessment of the offer by the consumer may If the contractor uses these images are a true representation of the products and / or services. Obvious mistakes or obvious errors in the offer does not bind the entrepreneur.
3. Each offer contains such information that is clear to the consumer what rights and obligations are attached. To the acceptance of the offer This concerns in particular:
- The price including taxes;
- Any costs of delivery;
- How the agreement will be achieved and what actions
- They require;
- Whether to apply the right of withdrawal;
- The method of payment, delivery or performance of the contract;
- The deadline for accepting the offer, or the period within which the
- Ensures the entrepreneur price;
- The level of the rate of distance communication if the costs of the
using the means of distance communication are calculated on a
basis other than the basic rate for the communication;
- If the contract is filed after conclusion, and if so,
- Is to consult this way for consumers;
- The way the consumer before the conclusion of the agreement, the information provided by him under the agreement can check and repair if necessary;
- Any other languages, including Dutch, the contract can be concluded;
- The conduct to which the trader is subject and the way the consumer can consult these behavioral codes electronically; and
- The minimum duration of the distance contract in the event of an extended transaction.
ARTICLE 5 - The contract
1. The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
2. If the consumer electronically has accepted the offer, the trader will immediately confirm receipt of electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the contract.
3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will appropriate safety precautions.
4. The entrepreneur can - within the law - to inform whether the consumer can meet its payment obligations as well as all facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified in the agreement not to go, he is entitled to refuse or to attach. Specific conditions to implement an order or request
5. The entrepreneur will the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, send:
the visiting address of the establishment of the business where the consumer can lodge complaints;
b. the conditions and how the consumers of the withdrawal right can be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on guarantees and after sales service;
d. the data contained in Article 4 paragraph 3 of these conditions, unless the trader has already provided before the execution of the agreement that information to the consumer;
e. the requirements for termination of the contract if the contract is for more than one year or for an indefinite duration.
6. In the event of an extended transaction is the provision in the preceding paragraph shall apply only to the first delivery.
ARTICLE 6 - Right of withdrawal
When delivering products:
1. When purchasing products, the consumer has the option to cancel within 14 days. Agreement without giving any reason This period starts on the day following receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.
2. During this period the consumer will treat the product and packaging. He will be the product only unpack or use as necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the Entrepreneur in accordance with the reasonable provided by the reasonable and clear instructions.
When providing services:
3. When providing services, the consumer is able to dissolve for at least fourteen days, starting on the day of entering into the agreement. Agreement without giving any reason
4. To exercise his right of withdrawal, the consumer focus to the reasonable provided by the trader to supply and / or before the delivery to area and clear instructions.
ARTICLE 7 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, will not exceed the cost of return shipping cost.
2. If the consumer has paid an amount, the entrepreneur this amount as soon as possible but no later than 30 days after the return or cancellation, refund.
ARTICLE 8 - Exclusion of the right of withdrawal
1. The operator may exclude the right of withdrawal from the consumer to the extent provided in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the trader for the conclusion of the contract refers. Clearly in the offer, at least in time
2. Exclusion of the right of withdrawal is only possible for products:
a which are established in accordance with the specifications of the entrepreneur
consumers;
b. that are clearly personal in nature;
c. that can not be returned due to their nature;
d. that spoil or age quickly;
e. whose price depends on fluctuations in the financial market over which the trader has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software that the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a on to carry on a certain date or during a specified period accommodation, transport, catering or leisure;
b. the supply with the express consent of the consumer, before the period has expired;
c. on betting and lotteries.
ARTICLE 9 - The price
1. During the period mentioned in the offer, the prices of the products and / or services have not increased, except for price changes resulting from changes in tax rates.
2. Notwithstanding the preceding paragraph can offer the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, at variable prices. These fluctuations and the fact that any price targets, are stated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or stipulations.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader stipulated as much and:
these are a result of legislation or regulations, or
b. the consumer has the power to terminate as of the date the increase takes effect.
5. The prices indicated in the provision of products or services include VAT.
ARTICLE 10 - Conformity and Guarantee
1. The trader guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and existing on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.
2. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer under the contract against the employer to claim.
ARTICLE 11 - Delivery and execution
1. It will be the greatest possible diligence when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has. Known to the company
3. Subject to what is stated in Article 4 of these terms and conditions the company accepted orders expeditiously but within 30 days unless a longer delivery period was agreed. If delivery is delayed, or if an order is not or only partially implemented, the consumer receives them no later than 30 days after placing the order message. The consumer in this case the right to terminate the contract without penalty and be entitled to any compensation.
4. In case of dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid as soon as possible, but within 30 days after repudiation appearance.
5. If delivery of an ordered product proves impossible, the trader will endeavor to make available. A replacement item Later than the delivery will be that a replacement item is delivered. Clear and comprehensible manner For replacement items right of withdrawal can not be excluded. The cost of return shipment shall be borne by the entrepreneur.
6. The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the consumer or a designated and the entrepreneur announced representative, unless otherwise expressly agreed.
ARTICLE 12 - Termcontracts DURATION, TERMINATION AND RENEWAL
Notice
1. The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice of one month.
2. The consumer may contract for a definite period, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice of within one month.
3. Consumers can the agreements mentioned in the preceding paragraphs:
- Withdraw at any time and are not limited to termination at a particular time or in a given period;
- Terminate them in the same way as they are concluded;
- Cancel at the same notice as the company has negotiated for itself.
Extension
4. A contract for a definite period and that extends to the regular
delivery of products (including electricity) or services, should not be tacitly extended or renewed for a fixed period.
5. Notwithstanding the preceding paragraph, a contract for a definite period, which extends to the regular delivery of daily news and weekly newspapers and magazines will be extended for a fixed period of up to three months, as consumers this extended agreement against tacitly the end of the extension may terminate with notice of one month.
6. A contract for a definite period, which extends to the regular delivery of products or services, may only be tacitly extended if at any time the consumer may terminate with notice of one month and a notice of up indefinitely three months, when the agreement extends to the regular, but less than once a month, delivering daily, news and weekly newspapers and magazines.
7. A fixed term contract to the regular delivery of day, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued ends automatically after the trial or introductory
Expensive
8. If a contract has a duration of more than one year, the reasonableness and fairness dictate the consumer after a year the agreement at any time with a notice period of up to one month prematurely, unless the termination before the end of the agreed term.
ARTICLE 13 - PAYMENT
1. Unless otherwise agreed, the amounts owed by the consumer to be paid within 14 days after the start of the withdrawal period referred to in Article 6 paragraph 1. In case of a contract to provide a service, time begins to run after the consumer has received. Confirmation of the agreement
2. When selling products to consumers never a prepayment of more than 50% are stipulated. General conditions If payment is agreed, the consumer may apply regarding the execution of the order or service (s) before the advance payment has been made. No right
3. The consumer has the duty to inaccuracies in data supplied or specified payment details. Immediately to the operator
4. In case of default by the consumer, the operator subject to legal restrictions, the right to charge. Advance to the consumer reasonable costs
ARTICLE 14 - Complaints
1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
2. Complaints about the implementation of the agreement should be submitted to the entrepreneur, after the consumer has discovered the defects. Promptly, fully and clearly described
3. Complaints submitted to the trader answered counted from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, is answered by the operator within the period of 14 days, confirming receipt and indicating 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 from the website of the Foundation Webshop Certified www.keurmerk.info. The complaint is then sent both to the business and to Stichting Webshop Trustmark.
5. If the complaint can not be resolved by mutual agreement, a dispute that is subject to the dispute.
ARTICLE 15 - DISPUTES
1. Contracts between the entrepreneur and the consumer of these general terms and conditions, only Dutch law.
2. Disputes between consumers and entrepreneurs on the creation or implementation of agreements relating to or by supplying products and services, may, subject as provided below, this entrepreneur
be submitted to the Disputes Committee Webshop, PO Box 90600, 2509 LP The Hague (www.sgc.nl). both the consumer and the entrepreneur
3. A dispute by the Disputes Committee discussed only if the consumer has submitted. Complaint within a reasonable time to the entrepreneur
4. Within three months after the dispute arose, the dispute should be brought. Written to the Disputes Committee
5. If the consumer wants to submit to the Dispute, a dispute is bound by this choice. When the entrepreneur that wants to do, consumers will need to speak if he so desires or will be treated by the competent court. The dispute in writing within five weeks after a request in writing by the operator request, The entrepreneur learns the choice of the consumer or the company is entitled to submit to the competent judge. Within the period of five weeks,
6. The Disputes Committee will be made under the conditions as stipulated in the regulations of the Disputes Committee. The decisions of the Arbitration Board is binding advice.
7. The Disputes Committee will not handle a dispute or will terminate, if the entrepreneur moratorium is granted, the state of the bankrupt or ended his business, before a dispute by the Committee at the session and a final judgment actually is highlighted.
8. If in addition to the Disputes Committee Webshop another recognized or affiliated with the Foundation for Consumer Affairs (SGC) or the Complaints Institute Financial Services (Kifid) arbitration board has jurisdiction for disputes relating mainly to the method of sale or remote services the Dispute Webshop exclusive jurisdiction . For all other disputes or other approved joined SGC Kifid arbitration committee.
ARTICLE 16 - Industry Guarantee
1. The Foundation Webshop Certified guarantees the fulfillment of the binding advice of the Disputes Committee Webshop by its members, unless the member decides within two months after sending it for review to the court to explain. Binding advice This guarantee revives if the binding opinion after review remained by the court and the verdict confirming this, the force of res judicata. Up to an amount of € 10 000, - a binding opinion, the amount paid by the Foundation Webshop Trustmark to consumers. For amounts greater than € 10,000, - a binding opinion, € 10 000, - will be paid. For several, the Foundation Webshop Trustmark an obligation to ensure that members comply with the binding advice.
2. For purposes of this guarantee requires the consumer a written appeal to the Foundation Webshop Trustmark and transfer his claim in favor of the Foundation Webshop Trustmark. If the claim on the company exceeds € 10.000, -, the consumer is offered his claim to the extent exceeding the amount of € 10 000, - will contribute to the Foundation Webshop Trustmark, who will in his own name and the costs payment of these rights will ask to meet the consumer.
ARTICLE 17 - ADDITIONAL OR DIFFERENT TERMS
Additional or different from these terms should not be to the detriment of the consumer and should be recorded in writing in such a way that they can be stored on a durable medium. Consumer in an accessible manner
ARTICLE 18 - AMENDMENT OF THE TERMS SHOP MARK
1. The Foundation Certified Webshop will not change these terms and conditions in consultation with the Consumer.
2. Changes in these conditions are effective only after they are published, with the proviso that amendments apply the most favorable to the consumer shall prevail. During the term of an offer in the appropriate way
Address Webshop Hallmark:
Willemsparkweg 193, 1071 HA Amsterdam
Last Updated July 1, 2012