General terms and conditions

General Terms and Conditions:

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The Agreement

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the reflection period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of the entrepreneur in case of withdrawal

Article 10 - Exclusion of right of withdrawal

Article 11 - The price

Article 12 - Compliance and additional warranty

Article 13 - Delivery and execution

Article 14 - Duration transactions: duration, termination and extension

Article 15 - Payment

Article 16 - Complaints Procedure

Article 17 - Disputes

Article 18 - Industry Guarantee

Article 19 - Additional or Deviating Provisions

Article 20 - Amendment of the general terms and conditions of the Webshop Trustmark Foundation

Article 1 - Definitions

In these conditions the following terms are understood as:

Supplementary agreement: an agreement in which the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Reflection period: the period within which the consumer can exercise his right of withdrawal;
ConsumerI'm sorry, but there's no text provided to translate. Can you please provide the text you want translated from Dutch to English? the natural person who does not act for purposes related to his trade, business, craft or professional activity;
Day: calendar day;
Digital content: data that is produced and delivered in digital form;
Long-term agreement: an agreement that aims for the regular delivery of goods, services and/or digital content over a certain period;
Durable data carrier: any tool - including email - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation or use for a period that is tailored to the purpose for which the information is intended, and which enables unaltered reproduction of the stored information;
Right of withdrawal: the consumer's ability to withdraw from the distance contract during the reflection period;
Entrepreneur: the natural or legal person who is a member of the Webshop Trustmark Foundation and offers products, (access to) digital content and/or services at a distance to consumers;
Distance agreement: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, where only or also one or more techniques for distance communication are used up to and including the conclusion of the agreement;
Model form for revocation: the European model withdrawal form included in Annex I of these conditions;
Technology for remote communication: a means that can be used to conclude a contract, without the consumer and entrepreneur needing to be in the same room at the same time;

Article 2 - Identity of the entrepreneur

Business owner's name

Registered address; Jos Dijkman, Posthoornweg 6a, 8152 AZ Lemelerveld

Email address: webshop@josdijkman.nl

Phone: 0572-372640 available on Wednesday and Friday between 18:00 - 20:00.

Chamber of Commerce number: 62307363

VAT identification number; NL854758331B01

If the activity of the entrepreneur is subject to a relevant licensing system: the

information about the supervisory authority;

If the entrepreneur practices a regulated profession:

- the professional association or organization to which he is affiliated;

- the professional title, the place in the EU or the European Economic Area where it was granted;

- a reference to the professional rules applicable in the Netherlands and indications where and how these professional rules are accessible.

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract established between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored on a durable data carrier by the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded, where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or in another way at the request of the consumer.
In case that in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraph apply correspondingly and the consumer can always appeal to the applicable provision that is most favorable to him in the event of conflicting conditions.

Article 4 - The offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer includes a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Every offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can cancel the agreement.
If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into a distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or request with a reasoned explanation or to attach special conditions to the execution.
The entrepreneur will, at the latest upon delivery of the product, service or digital content to the consumer, provide 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 data carrier:

a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;

b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion from the right of withdrawal;

c. the information about warranties and existing service after purchase;

d. the price including all taxes of the product, service or digital content; if applicable, the cost of delivery; and the method of payment, delivery or execution of the distance contract;

e. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;

f. if the consumer has a right of withdrawal, the model withdrawal form.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

For products:

The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving any reasons. The entrepreneur may ask the consumer for the reason for revocation, but cannot oblige him to state his reason(s).
The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party previously designated by the consumer, who is not the carrier, has received the product, or:
if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer in advance during the ordering process, refuse an order of multiple products with different delivery times.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;

for contracts for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content not delivered on a physical carrier:

The consumer can dissolve a service agreement and an agreement for the delivery of digital content not provided on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for revocation, but cannot oblige them to provide their reason(s).
The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reconsideration period for products, services and digital content not delivered on a physical carrier when not informed about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period, as determined by the previous sections of this article.
If the entrepreneur has provided the information referred to in the preceding paragraph to the consumer within twelve months of the commencement date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the reflection period

During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is only liable for depreciation of the product that results from a way of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for the depreciation of the product if the entrepreneur did not provide him with all legally required information about the right of withdrawal before or at the time of concluding the contract.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises his right of withdrawal, he communicates this within the reflection period by means of the model withdrawal form or in another unequivocal manner to the entrepreneur.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends back the product, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has complied with the return period at all times if he returns the product before the cooling-off period has expired.
The consumer returns the product with all supplied accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs, or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs of returning.
If the consumer revokes after first expressly requesting that the performance of the service or the delivery of gas, water or electricity that have not been made ready for sale in a limited volume or certain quantity begins during the reflection period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that the entrepreneur has fulfilled at the moment of revocation, compared to the full fulfillment of the obligation.
The consumer does not bear any costs for the provision of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
the entrepreneur did not provide the consumer with the legally required information about the right of withdrawal, the compensation costs in case of withdrawal, or the model withdrawal form, or;
the consumer has not expressly requested the start of the execution of the service or delivery of gas, water, electricity or district heating during the cooling-off period.
1. The consumer bears no costs for the full or partial delivery of digital content not delivered on a physical medium, if:
2. he has not expressly agreed prior to its delivery to start the execution of the agreement before the end of the reflection period;
3. he has not acknowledged losing his right of withdrawal when granting his consent; or
4. the entrepreneur has failed to confirm this statement from the consumer.
  1. If the consumer exercises his right of withdrawal, all additional agreements are automatically dissolved by law.

Article 9 - Obligations of the entrepreneur in case of revocation

If the entrepreneur makes it possible for the consumer to electronically report a revocation, he will immediately send a confirmation of receipt upon receiving this notification.
The entrepreneur refunds all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the cancellation. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer proves that he has returned the product, whichever time is earlier.
The entrepreneur uses the same payment method for reimbursement that the consumer has used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in time before the conclusion of the contract:

Products or services whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period.
Agreements that are concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obligated to purchase the products, digital content and/or services.
Service agreements, after full execution of the service, but only if:
the execution has started with explicit prior consent of the consumer; and
the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
1. Service agreements for the provision of accommodation, as provided in the agreement on a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
2. Agreements regarding leisure activities, if a specific date or period of execution is provided in the agreement;
3. Products made according to consumer specifications, which are not prefabricated and are manufactured based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
4. Products that spoil quickly or have a limited shelf life;
5. Sealed products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
6. Products that, due to their nature, have been irreversibly mixed with other products after delivery;
7. Alcoholic beverages for which the price has been agreed upon at the time of contract closure, but which can only be delivered after 30 days, and the actual value of which depends on market fluctuations that the entrepreneur has no control over;
8. Sealed audio, video recordings and computer software, whose seal has been broken after delivery;
9. Newspapers, magazines or periodicals, excluding subscriptions to these;
10. The delivery of digital content other than on a physical carrier, but only if:
11. the execution has started with explicit prior consent of the consumer; and
12. the consumer has stated that he loses his right of withdrawal with this.

Article 11 - The price

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 as a result of changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur can offer products or services, the prices of which are tied to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This linkage to fluctuations and the fact that any prices mentioned are guide prices, are stated in the offer.
Price increases within 3 months after the establishment of the agreement are only allowed if they are the result of legal regulations or provisions.
Price increases from 3 months after the establishment of the agreement are only allowed if the entrepreneur has stipulated this and:

a. these are the result of legal regulations or provisions; or

b. the consumer has the authority to terminate the agreement as of the day the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

Article 12 - Delivery and execution

The entrepreneur will exercise the greatest possible care in receiving and executing orders of products and in assessing requests for the provision of services.
The address that the consumer has made known to the entrepreneur is considered the place of delivery.
In accordance with what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due haste but no later than within 30 days, unless another delivery period has been agreed upon. If the delivery experiences a delay, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In this case, the consumer has the right to terminate the agreement without any cost and is entitled to any potential compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount that the consumer has paid.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 13 – Long-term transactions: duration, termination and extension

Termination:

The consumer may at any time terminate an agreement that has been entered into for an indefinite period and which relates to the regular delivery of products (including electricity) or services, observing the agreed termination rules and a notice period of at most one month.
The consumer can terminate a contract that has been entered into for a definite period of time and that is aimed at the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of at most one month.
The consumer can the aforementioned agreements in the previous items:

- at any time terminate and not be limited to termination at a specific time or in a specific period;

- terminate at least in the same manner as they were entered into by him;

- always terminate with the same notice period as the entrepreneur has negotiated for himself.

Extension:

An agreement that has been entered into for a certain period of time and which serves to regularly deliver products (including electricity) or services, may not be implicitly extended or renewed for a certain duration.
Notwithstanding the previous paragraph, a contract that has been entered into for a certain period of time and that serves for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a certain duration of up to three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of at most one month.
An agreement that has been entered into for a specific period of time and that serves to regularly deliver products or services, may only be tacitly extended for an indefinite period if the consumer is allowed to cancel at any time with a notice period of at most one month. The notice period is at most three months in case the agreement serves to regularly, but less than once a month, deliver daily, news and weekly newspapers and magazines.
An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and automatically ends after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may, after a year, terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 14 - Payment

Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
In the sale of products to consumers, the consumer may never be obliged to prepay more than 50% in general terms and conditions. When prepayment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s), until the stipulated prepayment has taken place.
The consumer has the duty to immediately report inaccuracies in provided or stated payment information to the entrepreneur.
If the consumer does not fulfill his payment obligation(s) in a timely manner, after being alerted by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after failure to make payment within this 14-day period, the consumer is liable for the statutory interest on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur may deviate from these amounts and percentages to the benefit of the consumer.

Article 15 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days counted from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more comprehensive answer.

Article 16 - Disputes

On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law is applicable.
Disputes between the consumer and the entrepreneur about the establishment or execution of agreements related to products and services to be delivered or have been delivered by this entrepreneur, can, with due observance of the stipulations below, be presented by both the consumer and the entrepreneur to the Disputes Committee Webshop, PO Box 90600, 2509 LP The Hague (www.sgc.nlYou didn't provide any text to translate. Please provide the text you want translated.
A dispute will only be processed by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
The dispute must be submitted in writing to the Disputes Committee no later than three months after the dispute has arisen.
When the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer must, within five weeks after a written request made by the entrepreneur, express in writing whether he also wishes this or whether he wants the dispute to be handled by the competent court. If the entrepreneur does not hear the choice of the consumer within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
The Disputes Committee makes a decision under the conditions as established in the regulations of the Disputes Committee.http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshopThe decisions of the Dispute Committee are made by way of binding advice.
The Disputes Committee will not handle a dispute or will cease handling it, if the entrepreneur has been granted a suspension of payments, has become bankrupt or has effectively terminated his business activities, before a dispute has been handled by the committee at a session and a final judgment has been rendered.
If, in addition to the Webshop Disputes Committee, another recognized or disputes committee affiliated with the Foundation for Consumer Affairs Disputes Committees (SGC) or the Complaints Institute for Financial Services (Kifid) is competent, the Webshop Trustmark Foundation Disputes Committee is preferably competent for disputes mainly concerning the method of sales or remote service provision. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.