Terms and conditions

General Terms and Conditions

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

CONTENTS

Article 1  – Definitions                                              

Article 2  – The Entrepreneur’s identity                      

Article 3  – Applicability                                            

Article 4  – The offer                                       

Article 5  – The agreement                                       

Article 6  – Right of withdrawal                                  

Article 7  – Consumer’s obligations during the reflection period                           

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

Article 9  – Entrepreneur’s obligation in case of withdrawal

Article 10 – Exclusion of the right of withdrawal          

Article 11 – The price                                      

Article 12 – Compliance and extra guaranty                         

Article 13 – Delivery and execution                            

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

Article 15 – Payment                                                

Article 16 – Complaints procedure                             

Article 17 – Disputes                                                

Article 18 – Additional or varying provisions     

Article 19 – Amendment to the General Terms and Conditions of Webshop Keurmerk 

Article 1 – Definitions

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

  1. Additional agreement: an agreement in which the Consumer acquires         products, digital content and/or services with respect to a distance agreement         and these goods, digital content and/or services are delivered by the         Entrepreneur or a third party on the basis of an arrangement between this         third party and the Entrepreneur;
  2. Reflection period: the period during which the Consumer may use his         right of withdrawal;

3.     Consumer: the natural person who does not act for purposes related to         his/her commercial, trade, craft or professional activities;

Article 2 – The Entrepreneur’s identity

Name of Entrepreneur (name given in the Articles of Association, and trade name, where applicable;

Business address;

Visiting address, if different from business address;

Telephone number and the times at which the Entrepreneur can be reached by telephone:

Email address or other electronic communication means offered to the Consumer with the same functionality as email;

Chamber of Commerce number;

VAT identification number;

If the Entrepreneur’s activity is subject to a relevant licensing regime: information about the supervising authority;

If the Entrepreneur practises a regulated profession:

−      the professional association or professional organisation of which he is a         member;

−      the title of his profession, the place in the EU or in the European Economic   Area         where it is awarded;

−      a reference to the rules of professional practice which are applicable in the         Netherlands and information about where and how these rules of professional         practice can be accessed.

Article 3 – Applicability

1.     These General Terms and Conditions apply to any offer from the Entrepreneur         and to any distance contract concluded by the Entrepreneur and the Consumer.

2.     Before concluding a distance contract, the Entrepreneur shall make the text of         these General Terms and Conditions available free of charge and as soon as         possible. If this is reasonably impossible, the Entrepreneur shall indicate in         what way the General Terms and conditions can be inspected and that they         will be sent free of charge if so requested, before the distant contract is         concluded.  

3.     If the distance contract is concluded electronically, the text of these General         Terms and Conditions, in deviation from the previous section and before the         distance contract is concluded, may also be supplied to the Consumer         electronically in such a way that the Consumer can easily store it on a long-        term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they   will be sent to at the    Consumer´s request free of charge, either via       electronic means or otherwise, before concluding the distance contract;

4.     In the event that specific product or service condition apply in addition to         these General Terms and Conditions, the second and third paragraphs shall         apply accordingly, and in the event of contradictory terms and conditions, the         Consumer may always appeal to the applicable provision that is most         favourable to him/her.

Article 4 – The offer

1.     If an offer is of limited duration or if certain conditions apply, it shall be         explicitly stated in the offer.

2.     The offer contains a full and accurate description of the products, digital         content and/or services offered. The description is suitably detailed to enable         the Consumer to assess the products, or services and/or digital content         adequately. If the Entrepreneur makes use of pictures, they are truthful         images of the products and/or services provided. Obvious errors or mistakes         in the offer do not bind the Entrepreneur.

3.     All offers contain such information that it is clear to the Consumer what rights         and obligations are attached to accepting the offer.

Article 5 – The contract

1.     Subject to the provisions in paragraph 4, the contract becomes valid when the         Consumer has accepted the offer and fulfilled the terms and conditions set.

2.     If the Consumer accepted the offer via electronic means, the Entrepreneur   shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the    Consumer may repudiate the contract.

3.     If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic      data transfer and ensure a safe web environment. If the Consumer can pay      electronically, the Entrepreneur shall observe appropriate security measures.

4.     The Entrepreneur may, within the limits of the law, gather information about         Consumer’s ability to fulfil his payment obligations, and all facts and factors         relevant to responsibly concluding the distance contract. If, acting on the         results of this investigation, the Entrepreneur has sound reasons for not         concluding the contract, he is lawfully entitled to refuse an order or request         supported by reasons, or to attach special terms to the implementation.

5.     Before delivering the product, the Entrepreneur shall send the following         information along with the product, the service or the digital content in writing         or in such manner that the Consumer can store it in an accessible manner on         a long-term data carrier:     
        a. the visiting address of the Entrepreneur´s business establishment where         the Consumer may get into contact with any complaints;       
        b. the conditions on which and the manner in which the Consumer may         exercise the right of withdrawal, or, as the case may be, clear information         about his being exempted from the right of withdrawal;         
        c. the information corresponding to existing after-sales services and         guarantees;
        d. The price including all taxes of the product, service or digital content,         where applicable the delivery costs and the way of payment, delivery or         implementation of the distance contract;

        e. the requirements for cancelling the contract if the contract has a duration         of more than one year or for an indefinite period of time.

        f. the standard form for withdrawal if the Consumer has the right of         withdrawal.

6.     In case of a continuing performance contract, the stipulation in the previous         paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

In case of products:

  1. The Consumer can repudiate a purchase contract for a product without giving         reasons for a period of reflection of at least 14 days. The Entrepreneur         may         ask the Consumer about the reason for the withdrawal but cannot force       him to state his reason(s).
  2. The reflection period referred to in sub-clause 1 starts on the day the product         is received by the Consumer or by a third party appointed by him in advance         and who is not the carrier, or
    1. if the Consumer ordered several products in the same order: the day on                 which the Consumer or a third party appointed by him received the             last product. The Entrepreneur may refuse an order of several products                with different delivery dates provided that he clearly informs the                         Consumer prior to the order process.
    1. in case the delivery of a product consists of several batches or parts:           the day on which the Consumer or a third party appointed by him             received the last batch or the last part.
    1. in case of an agreement about regular delivery of products during a             given period: the day on which the Consumer or a third party appointed              by him received the first product.

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

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

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

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

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

  1. If the Consumer exercises his right of withdrawal he shall notify the         Entrepreneur unambiguously with the standard form for withdrawal within the         period of reflection.
  2. The Consumer shall return the product or deliver it to (the authorized         representative of) the Entrepreneur as soon as possible but within 14 days         counting from the day following the notification referred to in sub-clause 1. This need not be done if the entrepreneur offered to collect the product himself. The Consumer observed the period of returning the product in any         event if the product is returned before the expiration of the period of       reflection.
  3. The Consumer shall return the product with all delivered accessories and if         reasonably possible in the original state and packing and in conformity with         reasonable and clear instructions given by the Entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the         right of withdrawal fall on the Consumer.
  5. The Consumer shall bear the direct costs of returning the product. If the         Entrepreneur has not reported that the Consumer has to bear these costs or if         the Entrepreneur pointed out that he will bear the costs himself, the Consumer need not pay the cost of returning the product.
  6. If the Consumer withdraws after having first explicitly requested that the         performance of a service or the supply of gas, water or electricity having not         been made ready for sale not be started in a limited volume or given quantity         during the period of reflection, the Consumer shall pay the Entrepreneur an         amount that is equal to the part of the obligation already        performed at         the   time of withdrawal as compared with the full compliance of the obligation.
  7. The Consumer does not bear the costs for performing services for the supply         of water, gas or electricity that had not been made ready for sale in a limited         volume or quantity, or for the supply of district heating if
    1. the Entrepreneur has not provided the Consumer with the statutorily           required information about the right of withdrawal, the compensation of              costs in case of withdrawal or the standard form for withdrawal, or
    1. if the Consumer has not explicitly requested that the performance of           the service or the supply of gas, water and electricity or district heating               be started during the period of reflection.

8.             The Consumer does not bear any cost for the full or partial delivery of         digital content not stored on a physical carrier if

  1. prior to the delivery, he has not explicitly consented to start                        performance of the agreement before the end of the period of reflection;
    1. he did not acknowledge to lose his right of withdrawal when giving              consent; or
    1. the Entrepreneur failed to confirm the Consumer’s statement.
  2. If the Consumer exercises his right of withdrawal, all additional agreements         end by operation of law.

Article 9 – Entrepreneur’s obligations in case of withdrawal

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

Article 10 – Exclusion of the right of withdrawal

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

  1. Products or services with a price that is subject to fluctuations in the         financial market on which the Entrepreneur has no influence and which may         occur within the period of withdrawal;
  2. Agreements that are concluded during a public auction. A public auction is         defined as a selling method whereby the Entrepreneur offers products, digital         content and/or services to the Consumer who is personally present or has the         possibility to be personally present at the auction under the direction of an         auctioneer and whereby the successful bidder is obliged to purchase the         products, the digital content and/or the services.
  3. Services agreements, after full performance of the service, but only if

        a.     the performance started with the Consumer’s explicit prior consent; and

        b.     the Consumer stated that he will lose his right of withdrawal as soon as                 the Entrepreneur has fully performed the agreement.

   b.     the Consumer stated that he will lose his right of withdrawal by doing    so.

Article 11 – The price

1.     The prices of the products and/or services provided shall not be raised during         the validity period given in the offer, subject to changes in price due to         changes in VAT rates.

2.     Contrary to the previous paragraph, the Entrepreneur may offer products or         services whose prices are subject to fluctuations in the financial market that         are beyond the Entrepreneur’s control, at variable prices. The offer will state         the possibility of being subject to fluctuations and the fact that any indicated         prices are target prices.

3.     Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.

4.     Price increases from 3 months after concluding the contract are permitted    only if the Entrepreneur has stipulated it and

        a.     they are the result of legal regulations or stipulations, or

        b.     the Consumer has the authority to cancel the contract before the day on                 which the price increase starts.

5.     All prices indicated in the provision of products or services are including VAT.

Article 12 – Performance of an agreement and extra Guarantee

1.     The Entrepreneur guarantees that the products and/or services comply with         the contract, with the specifications listed in the offer, with reasonable         requirements of usability and/or reliability and with the existing statutory         provisions and/or government regulations on the day the contract was         concluded. If agreed, the Entrepreneur also guarantees that the product is         suitable for other than normal use.

2.     An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or         Importer shall never affect the rights and claims the Consumer may exercise         against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s         obligations if the Entrepreneur has failed in the fulfilment of his part of the         agreement.

3.     ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his         Supplier, Importer or Manufacturer in whom he assigns certain rights or         claims to the Consumer that go further than he is legally         required in case he    fails in the compliance with his part of the agreement.

Article 13 – Delivery and execution

1.     The Entrepreneur shall exercise the best possible care when booking orders         and executing product orders and when assessing requests for the    provision of services.

2.     The place of delivery is at the address given by the Consumer to the         Entrepreneur.

3.     With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with      convenient speed but at least within 30 days, unless another delivery period    was agreed on. If the delivery has been delayed, or if an order cannot be     filled or         can be filled only partially, the Consumer shall be informed about this   within one month after ordering. In such cases, the Consumer is entitled to    repudiate the contract free of charge and with the right to possible      compensation.

4.     After repudiation in conformity with the preceding paragraph, the         Entrepreneur shall return the payment made by the Consumer promptly but         at least within 30 days after repudiation.

5.     The risk of loss and/or damage to products will be borne by the Entrepreneur         until the time of delivery to the Consumer or a representative appointed in         advance and made known to the Consumer, unless explicitly agreed otherwise.  

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

Termination
1.     The Consumer may at all times terminate a contract that was concluded for         an indefinite time and which extends to the regular delivery of products         (including electricity) or services, with due observance of the termination         rules and subject to not more than one month’s notice.
2.     The Consumer may at all times terminate a contract that was concluded for a         specific time and which extends to the regular delivery of products (including         electricity) or services at the end of the specific period, with due observance         of the termination rules and a subject to not more than one month’s notice.
3.     The Consumer can cancel the agreements mentioned in the preceding         paragraphs:
        –       at any time and not be limited to termination at a particular time or in a                 given period;   
        –       at least in the same way as they were concluded by him;         
        –       at all times with the same notice as the Entrepreneur stipulated for             himself.
Extension
4.     An agreement concluded for a definite period which extends to the regular         delivery of products (including electricity) or services may not be         automatically 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 dailies, newspapers, weekly         newspapers and magazines, may tacitly be renewed for specific period of        three months at the most if the Consumer can terminate this extended         agreement towards the end of the extension with a notice of one month at the         most.   
6.     An agreement concluded for a definite period and which extends to the         regular delivery of products or services may only be extended tacitly for an         indefinite period if the Consumer can cancel it at any time with a notice of one         month. The notice is three months at the most in vase the contract is about         a delivery of dailies, newspapers and weeklies and magazines occurring         regularly but less than once a month.      
7.     An agreement with limited duration of regular delivery of trial dailies,         newspapers, weeklies and magazines (trial or introductory subscription) is not         renewed tacitly and ends automatically after the trial or introductory period.
Duration

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

Article 15 – Payment

1.     Unless otherwise stipulated in the agreement or in the additional conditions,         the amounts to be paid by the Consumer must be settled within 14 days after         the period of reflection, or if there is no period of reflection within 14 days   after concluding the agreement. In case of an agreement to provide a service,   this period starts on the day that the Consumer received the confirmation of     the agreement.

2.     When selling products to Consumers, it is not permitted to negotiate an         advance payment of more than 50% in the General Terms and Conditions.   If an advance payment was agreed, the Consumer may not assert any right       regarding the execution of the order in question or the service(s) in      question before making the agreed advance payment.

3.     The Consumer has the duty to inform the Entrepreneur promptly of possible         inaccuracies in the payment details that were given or specified.

4.     In case the Consumer has not complied with his payment obligation(s) in         time, and the Entrepreneur has pointed out to him that the payment was late         and allowed the Consumer a period of 14 days to comply with the payment         obligations, the Consumer is to pay the statutory interest on the amount         payable and the Entrepreneur is entitled to charge the Consumer with any         extrajudicial collection costs. These extrajudicial collection costs amount to no         more than 15% for outstanding amounts up to € 2,500, 10% for the following         € 2,500 and 5% for the following € 5000, with a minimum of € 40. The         Entrepreneur may deviate from the aforementioned amounts and percentages         in favour of the Consumer.

Article 16 – Complaints procedure

1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.

3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication 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 on the consumer page of the website of Stichting Webshop Keurmerk (https://www.keurmerk.info/nl/consumenten/klacht/) The complaint will then be sent both to the relevant entrepreneur and to Stichting Webshop Keurmerk.

5. Webshop Keurmerk will not treat a dispute or discontinue the handling, if the entrepreneur has been granted a suspension of payment, it has been declared bankrupt or has actually ended its business activities or the webshop has been suspended or canceled by Webshop Keurmerk.

6. A dispute will only be dealt with by Webshop Keurmerk if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.

7. No later than twelve months after the dispute arises, the dispute must be submitted in writing to Webshop Keurmerk.

8. It is also possible to register complaints via the European ODR platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage)

Article 17 – Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.

2. The Vienna Sales Convention does not apply.

Article 18 – Additional or different provisions

Additional provisions or deviating from these terms and conditions may not be to the detriment of 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 medium.

 Appendix I: Standard form for withdrawal

Standard Form for Withdrawal

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

              Baarlelaan 23, 7960GB Hoogeveen, The Netherlands

                info@hedgehogprogram.com

    the delivery of the following digital content [specification of the digital content]*

    the performance of the following service [specification of the service]*

*) Delete and/or complete where appropriate.