Terms and Conditions for members Stichting WebwinkelKeu
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 right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 – Definitions
In these conditions the following terms are to be understood as:
- Reflection period: the period within which the consumer can make use of his right of withdrawal;
- Consumer: natural person who does not relate to the entrepreneur in a professional fashion or represents a business and enters into an agreement with the entrepreneur;
- Day: calendar day;
- Transaction Duration: an agreement relating to a series of products and / or services, the supply and / or purchase obligation of which is spread over time;
- Enduring data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
- Right of withdrawal: the possibility for the consumer to withdraw from the agreement within the consideration period;
- Model form: the model withdrawal form that the entrepreneur provides that a consumer can fill out when he wants to make use of his right of withdrawal.
- Entrepreneur: the natural or legal person that offers products and / or services to consumers;
- Agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for sale of products and / or services online, specific communication techniques are used up to and including the conclusion of said agreement;
- Means of communication: means that can be used for coming to an agreement without the consumer and entrepreneur being in the same room at the same time.
- General Terms and Conditions: the General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
De Wijnwinkel / Swets Wine import
Runstraat 23, 1016 GJ in Amsterdam
003120-6380157 (Tue to Sat from 11: 00-17: 00)
E-mail address: [email protected]
Chamber of Commerce number: 70501378
VAT number: NL853334699B01
Article 3 – Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every agreement and order between entrepreneur and consumer.
- Before the agreement is concluded, the general terms and conditions will be made available to the consumer. If this is not possible, it will be indicated that the general terms and conditions can be viewed by the consumer and they will be sent free of charge as soon as possible at the request of the consumer.
- If the agreement is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the general terms and conditions can be made available electronically to the consumer in such a way that they may be easily by the consumer. If this is not reasonably possible, it will be indicated to the consumer where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer by electronic means or otherwise.
- In the event that in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflicting general terms and conditions always invoke the provision that is applicable to him.
- If one or more provisions in these general terms and conditions at any time in whole or in part should prove null and void, then the agreement and these conditions remain valid and the stipulation in question will be replaced without delay by a provision that the scope of the original conditiones may be approached as wholly as possible.
- Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
- Lack of clarity about the explanation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these general conditions.
Article 4 - The offer
- If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and / or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- All images, specifications and data in the offer are indicative and can not be a reason for compensation or dissolution of the agreement.
- Images of products are a true reflection of the products offered. Entrepreneur can not guarantee that the displayed colors exactly match the real colors of the products.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
o the price including taxes;
o the possible costs of shipping;
o the manner in which the agreement will be concluded and which actions are necessary for this;
o whether or not to apply the right of withdrawal;
o the method of payment, delivery and execution of the agreement;
o the period for accepting the offer or the period within which the entrepreneur guarantees the price;
o the level of the tariff for communication if the costs of using the technique for communication are calculated on a basis other than the regular basic tariff for the means of communication used;
o whether the agreement is filed after the conclusion, and if so, how this can be consulted for the consumer;
o the way in which the consumer, prior to the conclusion of the agreement, can check the data provided by him under the agreement and repair them if necessary;
o any other languages in which, in addition to Dutch, the contract can be concluded;
o the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically;
o the minimum duration of the agreement in case of an extended transaction.
Article 5 - The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance is not confirmed by the entrepreneur, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can - within legal frame - inform himself as to whether the consumer can meet his payment obligations, as well as other facts and factors that are important for a responsible conclusion of the agreement. If the entrepreneur on the basis of this investigation has good reason not to enter into the agreement, he is entitled to motivatedly refuse an order or request, or to attach special conditions to the execution.
- With the product or service the entrepreneur will send the following information in writing or in such a way that it can be stored by the consumer in an accessible manner:
- the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
- 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;
- the information about guarantees and existing service after purchase;
- the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the implementation of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When delivering products:
When purchasing products, the consumer has the option to terminate the agreement without giving any reason within 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur.
During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if possible within reason - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to make use of his right of withdrawal he is obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
If the customer has not made it known that he wishes to make use of his right of withdrawal or before the expiry of the periods mentioned in paragraphs 2 and 3 and has not returned the product to the entrepreneur within the specified period, the sale is a fact.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the goods are the only costs that will be charged to him.
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. However, the condition in this case is that the product - or conclusive proof of complete return - must have been received by the entrepreneur.
Article 8 - Exclusion of right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
- which have been created by the entrepreneur in accordance with the consumer's specifications;
- that are clearly personal in nature;
- which can not be returned due to their nature;
- that can spoil or age quickly;
- the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
- for loose newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
- for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
- the delivery of which commenced with the express consent of the consumer before the reflection period has expired;
- regarding betting and lotteries.
Article 9 - The price
During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases after 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The prices mentioned in the range of products or services include VAT.
All prices may be subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 10 - Conformity and Warranty
The entrepreneur warrants 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 existing on the date of the conclusion of the agreement / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. 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.
The warranty does not apply if:
- The consumer has repaired the delivered products himself and / or allowed third parties to process or repair products;
- The delivered products are exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of the entrepreneur and / or on the packaging;
- The inadequacy wholly or partially is the result of regulations local government has made or will make regarding the nature or the quality of the materials used.
Article 11 - Delivery and execution
The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services. The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of the provisions in paragraph 4 of this article, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any cost. The consumer is not entitled to compensation.
All delivery terms are indicative. The consumer can not derive any rights from any periods mentioned. Exceeding a term does not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after termination.
If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are at the expense of the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.
Article 12 - Duration, cancellation and extension
Cancellation
- The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
- The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due observance of the agreed cancellation rules and a notice period of at least highest one month.
- The agreements referred to in the previous paragraphs may be:
o terminated by the consumer at any time and not be limited to termination at a specific time or in a certain period;
o at least terminated in the same way as they have been entered into by him;
o terminated with the same notice period as the entrepreneur has stipulated for himself.
Extension
- An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed term.
- Notwithstanding the previous paragraph, a contract that has been entered into for a definite period and which extends to the regular delivery of daily and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has renewed this extension.
- An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month and a notice period of a maximum of three months in case the agreement extends to the regular, but less than monthly, delivery of daily and weekly newspapers and magazines.
- An agreement for limited duration of regular delivery of daily and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness inhibit cancellation before the end of the agreed term.
Article 13 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in article 6 paragraph 1. In the event of an agreement for the provision of a service, this period will commence after the consumer has received confirmation of the agreement.
- The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs made known to the consumer beforehand.
Article 14 - Complaint procedure
- The entrepreneur has a well-publicized complaint procedure and handles complaints in accordance with this complaint procedure.
- Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
- 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.
- If the complaint can not be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
- In the event of complaints, a consumer must first turn to the entrepreneur. For complaints that can not be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (webwinkelkeur.nl), which will mediate free of charge. Should a solution not be found, the consumer has the opportunity to have his complaint dealt with by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of this is binding and both entrepreneur and consumer agree with this binding decision. The submission of a dispute to this committee involves costs that the consumer must pay to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be well-founded by the entrepreneur, he will replace or repair the products free of charge.
Article 15 – Disputes
- 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.
- The Vienna sales convention does not apply
Article 16 – Additional or deviating provisions
Additions to, or deviations from these terms and conditions may not be made to the detriment of the consumer and must be recorded in writing or in such a way that they may be stored by the consumer in an accessible manner on a durable medium.