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Terms Stichting Webshop Keurmerk
These Terms will be used by all members of the Foundation Webshop Certified (further called Webshop Certified) with the exception of 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 1
ARTICLE 2 - The Entrepreneur's identity 2
ARTICLE 3 - Applicability 2
ARTICLE 4 - The offer 3
ARTICLE 5 - The contract 4
ARTICLE 6 - Right of withdrawal 4
ARTICLE 7 - Costs in case of withdrawal 5
ARTICLE 8 - Exclusion of right of withdrawal 5
ARTICLE 9 - The price 5
ARTICLE 10 - Conformity and Guarantee 6
ARTICLE 11 - Delivery and implementation 6
ARTICLE 12 - Duration Trades 7
ARTICLE 13 - Payment 7
ARTICLE 14 - Complaints 7
ARTICLE 15 - Disputes 8
ARTICLE 16 - Additional or different terms 8
ARTICLE 17 - Amendments to the General Conditions Webshop Certified 8
ARTICLE 1 - Definitions
These conditions shall apply:
Entrepreneur: the natural or legal person affiliated with the Stichting Webshop Certified products and / or services to consumers at a distance;
Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
Distance contract: an agreement in the framework of a system organized by the Entrepreneur for distance sale of products and / or services, to conclude the agreement 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;
Grace period: The period during which the consumer can exercise his right of withdrawal;
Right of withdrawal: the ability for the consumer to waive the distance contract within the cooling-off period;
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.
ARTICLE 2 - The Entrepreneur's identity
Entrepreneur Name: 2SHARP
Address: Proveniersstraat 42b - 3033 CL Rotterdam
Phone: 0031 10 4676900
VAT number: NL001215531B51
Chamber of Commerce number: 59455063
If the activity of the operator is subject to a relevant licensing: the details of the supervisory authority;
If the operator of a regulated profession:
- The professional association or organization with which he is affiliated;
- The professional title, the place in the EU or the EEA where it is awarded;
- A reference to the professional rules applicable in the Netherlands and instructions where and how these professional rules can be accessed.
ARTICLE 3 - Applicability
1. These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
2. Before the distance contract is concluded, the text of these Terms and Conditions to be made available. 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 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 are required;
- 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 deadline for adhering to the price;
- The level of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
- If the contract is filed after conclusion, how this can be accessed by the consumer;
- How the consumer can get, and the way he can recover before the contract is concluded at the height of the conclusion of the agreement of unwanted by his actions;
- Any 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 a contract, including continuous or periodic delivery of products or services.
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
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, 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 existing after sales service and guarantees;
d. the data contained in Article 4 paragraph 3 of these conditions, unless the trader has already provided before the execution of this contract 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. If the entrepreneur is committed to delivering a range of products or services, 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 is able to dissolve for at least fourteen days. Agreement without giving any reason This
period begins on the day following receipt of the product by or on behalf of the consumer.
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 right of withdrawal
1. If the consumer does not have a right of withdrawal, may be excluded by the entrepreneur entrepreneur 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 have been made to the consumer's specifications by the entrepreneur;
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 seal broken.
3. Exclusion of the right of withdrawal is only possible for services:
on a carry on accommodation, transport, catering or leisure
a certain date or during a specified period;
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
due to changes in tax rates.
2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the
entrepreneur's control, with 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 at the date the increase takes effect.
5. The prices indicated in the provision of products or services are exclusive of 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 at the date of the conclusion of the agreement existing legal provisions and / or government regulations.
2. An arrangement offered by the trader, manufacturer or importer does not affect the rights and claims that consumers in respect of a failure to fulfill the obligations of the employer against the employer may assert under the law and / or the distance contract.
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 one month after 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 naontbinding repay 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 until the moment of delivery to the consumer in the business, unless otherwise agreed.
ARTICLE 12 - Duration Transactions
1. The consumer may contract for an indefinite time to 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.
4. A contract for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be extended or tacitly 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) 8
is not automatically prolonged and ends automatically after the trial or introductory
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 Certified Webshop
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 on by supplying business or products and services supplied, may, subject as provided below, 9
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
Last Updated July 1, 2012