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General Terms and Conditions for members of the WebwinkelKeur Foundation
Index:
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 the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Long-term transactions: duration, termination, and extension
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 within which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable data carrier: any instrument that enables the consumer or entrepreneur to store information addressed personally to them in a way that facilitates future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the reflection period;
7. Model form: the model withdrawal form made available by the entrepreneur that a consumer can complete when exercising their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
9. Distance Contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement;
10. Distance Communication Means: a means that can be used to conclude an agreement, without the consumer and entrepreneur being present 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:
Tabletopper, part of Tas eCommerce and trading under the names Tasmodelshop and Tas eCommerce.
Lingedijk 18, 4155 BA Gellicum
Email address: [email protected]
Chamber of Commerce number: 86937049
VAT identification number: NL004328646B78
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request. 3. If the distance contract is concluded electronically, notwithstanding the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them. 5. If one or more provisions of these terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions will otherwise remain in force, and the provision in question will be replaced immediately by mutual agreement with a provision that approximates the intent of the original as closely as possible.
6. Situations not covered by these terms and conditions must be assessed in accordance with the spirit of these terms and conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted in accordance with the spirit of these terms and conditions.
Article 4 - The Offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
4. All images and specifications 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 products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
6. Each offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer. This specifically concerns:
o the price including taxes;
o any shipping costs;
o the manner in which the agreement will be concluded and the actions required for this;
o whether or not the right of withdrawal applies;
o the method of payment, delivery, and performance of the agreement;
o the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
o the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the communication medium used;
o whether the agreement is archived after its conclusion, and if so, how it can be accessed by the consumer;
o the way in which the consumer can check the data provided by them in connection with the agreement and, if necessary, correct it before concluding the agreement;
o any other languages in which, besides Dutch, the agreement can be concluded; the codes of conduct to which the trader is subject and how the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 - The Agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to reject an order or request, stating their reasons, or to impose special conditions on its execution.
5. The entrepreneur will include the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's establishment where the consumer can submit complaints;
b. 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;
c. information about guarantees and existing after-sales service;
d. the information included in Article 4, paragraph 3, of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration. 6. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
7. Each agreement is entered into under the condition precedent of sufficient availability of the relevant products.
Article 6 - Right of Withdrawal
For the delivery of products:
1. When purchasing products, the consumer has the right to cancel the agreement without giving reasons within 14 days. This cooling-off period commences on the day after the consumer, or a representative designated in advance by the consumer and notified to the entrepreneur, receives the product.
2. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur of this within 14 days of receiving the product. The consumer must make this notification using the model form. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, by providing proof of shipment.
4. If the consumer has not indicated their wish to exercise their right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.
For the provision of services:
5. For the provision of services, the consumer has the right to cancel the agreement without giving reasons for at least 14 days, starting on the date the agreement was concluded.
6. To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or no later than upon delivery.
Article 7 - Costs in the event of withdrawal
1. If the consumer exercises their right of withdrawal, they will be responsible for no more than the costs of return shipping.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received by the online retailer or conclusive proof of complete return can be provided.
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 stated this in the offer, at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur according to the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or become obsolete quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygienic products of which the consumer has broken the seal. 3. Exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
b. the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
c. relating to betting and lotteries.
Article 9 - The Price
1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no influence. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. 4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement effective the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obligated 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 in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within four weeks of delivery. Products must be returned in their original packaging and in new condition.
4. The entrepreneur's warranty period 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:
o The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
o The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
o The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 - Delivery and Execution
1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has provided to the company. 3. Subject to the provisions of paragraph 4 of this article, the company will fulfill accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
5. In the event of termination in accordance with paragraph 3 of this article, the company will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
6. If delivery of an ordered product proves impossible, the company will endeavor to provide a replacement item. The replacement item will be clearly and comprehensibly communicated upon delivery. The right of withdrawal cannot be excluded for replacement items. Any return shipping costs are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Long-term transactions: duration, termination, and extension
Termination
1. The consumer may terminate an agreement concluded for an indefinite period and which provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement concluded for a fixed period and which provides for the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:
o at any time and not be limited to termination at a specific time or during a specific period;
o at least in the same manner as when they were concluded;
o always with the same notice period as the entrepreneur has stipulated for themselves. Extension
4. An agreement entered into for a fixed period and intended for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
5. Notwithstanding the previous paragraph, an agreement entered into for a fixed period and intended for the regular delivery of daily newspapers, weekly newspapers, and magazines may be tacitly extended for a fixed term of up to three months, provided the consumer can cancel this extended agreement at the end of the extension period with a notice period of no more than one month.
6. An agreement entered into for a fixed period and intended for the regular delivery of products or services may only be tacitly extended for an indefinite term if the consumer may cancel it at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement is intended for the regular, but less than monthly, delivery of daily newspapers, weekly newspapers, and magazines. 7. A limited-term agreement for the regular delivery of daily newspapers, newspapers, weekly newspapers, and magazines (trial or introductory subscription) will not be automatically renewed and will automatically terminate after the trial or introductory period.
Duration
8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.
Article 13 - Payment
1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
2. The consumer is obligated to immediately report any inaccuracies in payment details provided or stated to the entrepreneur. 3. In the event of non-payment by the consumer, 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 complaints in accordance with this procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure.
5. In the event of complaints, a consumer should first contact the entrepreneur. For complaints that cannot be resolved amicably, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution cannot be reached, the consumer has the option to submit their complaint to the independent dispute committee appointed by Stichting WebwinkelKeur. The decision is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that the consumer must pay to the committee in question. Complaints can also be submitted via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
7. If the entrepreneur finds a complaint to be justified, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, 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 terms and conditions may not be detrimental to 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 data carrier.