ALGEMENE VOORWAARDEN

GENERAL TERMS AND CONDITIONS

Established on June 6, 2018.

General Terms and Conditions Rebuild Nutrition B.V. located at Hulsenboschstraat 29-14, 4251LR Werkendam, registered with the Chamber of Commerce under number 83357033. VAT number NL862843017B01.

Definitions

In these General Terms and Conditions, the following terms are used in the following meaning, unless expressly stated otherwise.

General Terms and Conditions: The General Terms and Conditions as stated below.

 Rebuild Nutrition B.V: Rebuild Nutrition B.V registered with the Chamber of Commerce under number 83357033.

Company: The Counterparty acting in the exercise of a business or profession.

Consumer: The Counterparty not acting in the exercise of a business or profession.

Service: All activities, in whatever form, that Rebuild Nutrition B.V. has performed for or on behalf of the Counterparty.

Fee: The financial compensation agreed with the Counterparty for the execution of the assignment.

Assignment: The Agreement for the provision of services.

Agreement:Any Agreement concluded between Rebuild Nutrition B.V. and the Counterparty.

Product: All matters that are the subject of the Agreement concluded between the Counterparty and Rebuild Nutrition B.V.

Counterparty: The person who has accepted these general terms and conditions and has purchased the product and/or has placed an order for the service to be performed under the Counterparty is understood to mean both Consumers and Companies,

Scope

These General Terms and Conditions apply to every offer, quotation and Agreement concluded between Rebuild Nutrition B.V. and the Counterparty, unless the parties have expressly deviated from these General Terms and Conditions in writing.

These General Terms and Conditions also apply to Agreements with Rebuild Nutrition B.V. for the implementation in which third parties must be involved.

The applicability of any purchasing or other General Terms and Conditions of the Counterparty is expressly rejected.

If it has become apparent that one or more provisions in these General Terms and Conditions are void or voidable, the General Terms and Conditions will remain in force for all other purposes. In the event of this situation, Rebuild Nutrition B.V. and the Counterparty will enter into consultation with the aim of agreeing on new provisions to replace the void or voided provisions.

Deviations from the Agreement and General Terms and Conditions are only valid if they have been expressly agreed in writing with Rebuild Nutrition B.V.

If Rebuild Nutrition B.V. does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that Rebuild Nutrition B.V. to any extent lose the right to demand strict compliance with the provisions of these terms and conditions in other cases.

Subscription fees

1.The Agreement is entered into for the agreed contract period. The contract period is 6, 12 or 24 months. The contract cannot be changed, paused or terminated in the meantime.

2.The start date is determined upon registration. The first payment period commences on this start date.

3.The payment obligation commences at the moment that Rebuild Nutrition B.V. has received the registration.

4.The Other Party owes the subscription fee for the entire contract period. Rebuild Nutrition B.V. offers the Counterparty the opportunity to pay the Agreement in periodic installments of one month in advance.

5. Payment of the subscription fee must be made by direct debit per period of 1 month in advance, with the first payment being made immediately using one of the available payment methods. The first payment is considered in this case as authorization for direct debit. It is also possible to pay the entire subscription in advance in one go using the available payment methods. The general terms and conditions of the chosen payment method also apply to the payment. The payment must have been received in the account of Rebuild Nutrition B.V. no later than the last day of the month. Rebuild Nutrition B.V. is not liable for any malfunctions and/or errors that occur during the transfer of funds. In the event of problems, you should contact your bank.

6. In the event of late receipt, reversal or chargeback of the amount due, the Counterparty will be sent a payment reminder. The Counterparty will be given two weeks to pay the amount due. If the Counterpartyafter this period of two weeks, all outstanding subscription terms will become immediately due and payable and the claim will be handed over for collection. All costs incurred for this will be borne by the Counterparty.

7. Rebuild Nutrition B.V. is entitled to terminate the relationship with the Counterparty in the event of payment arrears without the payment obligation lapsing.

8. Interim suspension of payment is not permitted.

Termination

1. An Agreement ends when the chosen term of 6, 12 or 24 months has expired by means of a written request with a notice period of 1 month. If not terminated, the Agreement will run for an indefinite period.

2. The Counterparty cannot terminate his/her Agreement prematurely.

Programs & contact for guidance and advice

1. Contact by e-mail, WhatsApp or telephone in accordance with the provisions of Article 3.7 takes place on working days during normal working hours, unless expressly agreed otherwise. The Agreement expressly provides for all contact moments or periods within which contact can be made with Rebuild Nutrition B.V. The Counterparty will contact you outside the agreed consultations. The Counterparty is responsible for this.

2. Rebuild Nutrition B.V. will make every effort to process messages or calls from the Counterparty as soon as possible, but Rebuild Nutrition B.V. can never guarantee compliance within a certain time. Depending on the workload and other circumstances, Rebuild Nutrition B.V. may postpone the processing of messages and calls if direct processing is reasonably impossible. Rebuild Nutrition B.V. is always entitled to call back at a later time in the event of multiple Agreements. Any implementation periods stated by Rebuild Nutrition B.V., as well as delivery periods with regard to programs as referred to in the following paragraph, are indicative non-fatal periods.

3. Programs are provided to the Other Party monthly (except in the event of no result) via the e-mail address made known to Rebuild Nutrition B.V. after consultation or in writing, in PDF format. Programs contain nutritional and training information aimed at the person of the Other Party. The Other Party understands that the data provided by it to Rebuild Nutrition B.V. in any way whatsoever (both through remote contact and at the start of the Agreement, or during consultations) influences the content of programs. With the content of programs, Rebuild Nutrition B.V. aims to to give the Counterparty as recent an impression as possible of the training and nutrition plans to be followed.

4.The Counterparty guarantees that it will provide Rebuild Nutrition B.V. with all information that is reasonably important for the design and execution of the Agreement, both upon request and unsolicited. The Counterparty guarantees the accuracy and completeness of this information. Programs, advice and instructions from Rebuild Nutrition B.V. are based on the information provided by the Counterparty. Rebuild Nutrition B.V. is never liable for damage caused by incorrect or incomplete information provided by the Other Party.

Cancellation, start time, vacation, medical reasons

The Other Party is entitled to cancel a training free of charge once per calendar year in the event of illness.

If the Other Party cancels more than one training in the same calendar year due to illness, Rebuild Nutrition B.V. is not obliged to refund or reimburse any monies in respect of the additional amount.

The Other Party is entitled to reschedule a personal training or a measurement appointment, provided that the Other Party has informed Rebuild Nutrition B.V. of this at least 48 hours before the start of the personal training or measurement by telephone, text message or WhatsApp. The Other Party must catch up on missed personal training or measurements within 30 days, otherwise they will expire. Rebuild Nutrition B.V. is not obliged to refund or reimburse any money.

If the Counterparty is forced to temporarily interrupt the training and/or measurement for medical reasons, Rebuild Nutrition B.V. can temporarily suspend the training and/or measurement. The SEPA direct debits will not be suspended. After the Counterparty is medically able to follow the training and/or measurement, the Counterparty must immediately inform Rebuild Nutrition B.V. so that the training and/or measurements can be resumed. Rebuild Nutrition B.V. is not obliged to refund or reimburse any money.

Training starts and ends at the scheduled time. If the training starts later than planned, through no fault of Rebuild Nutrition B.V.rition B.V.  is not a reason to extend the duration of the training beyond the planned time.

In the event of illness of the personal trainer of Rebuild Nutrition B.V. , the Counterparty will be offered an alternative date and time.  Rebuild Nutrition B.V.  is not obliged to refund or reimburse any money.

If the Counterparty cannot attend one or more training sessions due to a holiday, the Counterparty must inform Rebuild Nutrition B.V. of this at least 14 days in advance.

In the event of a holiday of the trainer of Rebuild Nutrition B.V. , Rebuild Nutrition B.V. is entitled to have the training sessions take place on a different date and time. Rebuild Nutrition B.V. is not obliged to refund or reimburse any monies.

Performance periods

The work will take place and will be carried out within a period specified by Rebuild Nutrition B.V.

If a period has been agreed or specified for the performance of certain work, this period is only indicative and can never be regarded as a fatal period.

If Rebuild Nutrition B.V. requires data or instructions from the Other Party that are necessary for the performance of the Agreement, the performance period will commence after the Other Party has provided these to Rebuild Nutrition B.V.

If the performance period is exceeded, the Other Party must give Rebuild Nutrition B.V. written notice of default, whereby Rebuild Nutrition B.V. a reasonable period is still offered to deliver the item or to execute the Agreement.

A notice of default is not required if execution has become permanently impossible or it has otherwise become apparent that Rebuild Nutrition B.V. will not fulfill its obligations under the Agreement. If Rebuild Nutrition B.V. does not execute within this period, the Counterparty has the right to terminate the Agreement without judicial intervention and/or to claim damages.

Payment

Payment takes place by means of transfer to a bank account designated by Rebuild Nutrition B.V. or in cash at the time of purchase or delivery, unless otherwise agreed. Transfer takes place by means of an invoice or transfer.

If it has been agreed that payment must be made by means of SEPA direct debit, the Counterparty must ensure that there is sufficient balance on the bank account to make this SEPA direct debit successful. If a SEPA direct debit cannot be executed, it is the responsibility of the Counterparty to still ensure timely payment by paying the amount due by bank transfer or in cash if necessary, and no later than within the payment term of the relevant invoice.

If you do not meet your payment obligation even after we have put you in default, you are in default. At that time, we can charge collection costs and we can pass the claim on to a third party. We can also terminate the Agreement with immediate effect. At that time, you will owe all membership fees that would have to be paid during the term of the Agreement plus the collection costs that are charged.

If we are unable to collect payment from the Counterparty for any reason (e.g. reversal, insufficient balance, etc.), we will send the collection to your bank again.

Payment can be made both in advance and afterwards.

Payment afterwards must be made within 14 days after the invoice date, in a manner to be specified by Rebuild Nutrition B.V. and in the currency in which the invoice was issued, unless otherwise agreed.

The Counterparty is not authorized to deduct any amount from the amount due due to a counterclaim made by it.

Rebuild Nutrition B.V. is authorized to invoice the Counterparty for the work performed in the current period. Invoicing takes place monthly.

The administration of Rebuild Nutrition B.V. is valid between the Counterparty and Rebuild Nutrition B.V. as proof of what is owed to Rebuild Nutrition B.V., subject to proof to the contrary to be provided by the Counterparty.

Objections to the amount of the invoice must be received in writing by Rebuild Nutrition B.V. within 10 calendar days after the invoice date.

Objections submitted on time will be processed by Rebuild Nutrition B.V., but will not suspend the payment obligation.

After the expiry of 14 days after the invoice date, the Counterparty will be in default by operation of law, without notice of default. From the moment of default, the Counterparty will owe interest of 2% per month on the amount due, unless the statutory interestis higher.

As soon as the Counterparty is in default, all claims of Rebuild Nutrition B.V. on the Counterparty, including future claims that will arise during the remaining term of the Agreement, will become immediately due and payable.

In the event of bankruptcy, suspension of payment or guardianship, the claims of Rebuild Nutrition B.V. and the obligations of the Counterparty towards Rebuild Nutrition B.V. will become immediately due and payable.

If the Counterparty does not make use of the Agreement, no refund of the membership fee will take place.

Collection costs

If the Counterparty is in default or in breach of (timely) fulfillment of its obligations, all reasonable costs for obtaining satisfaction out of court will be borne by the Counterparty.

With regard to the extrajudicial (collection) costs, Rebuild Nutrition B.V. to the extent that the Counterparty acts in the capacity of a Company, in deviation from article 6:96 paragraph 5 of the Dutch Civil Code and the Decree on compensation for extrajudicial collection costs, is entitled to compensation of 15% of the total outstanding principal amount with a minimum of € 150 for each invoice that has not been paid in full or in part.

With regard to the extrajudicial (collection) costs, Rebuild Nutrition B.V. is entitled, to the extent that the Counterparty acts in the capacity of Consumer, to the statutory maximum permitted compensation as determined in the Decree on compensation for extrajudicial (collection) costs.

To the extent that the Counterparty acts in the capacity of Consumer, Rebuild Nutrition B.V. is only entitled to compensation for the extrajudicial (collection) costs after Rebuild Nutrition B.V. the Counterparty has sent a reminder after the default has occurred to pay the outstanding invoice or invoices within fourteen days.

Any reasonable legal and execution costs incurred will also be borne by the Counterparty.

Liability

Rebuild Nutrition B.V. is only liable for direct damage caused by deliberate recklessness or intent on the part of Rebuild Nutrition B.V. direct damage must be understood to mean exclusively:

1. Material damage to the property of the Counterparty;

2. Reasonable costs incurred by the Counterparty to determine liability and (the extent of the direct) damage;

3. Reasonable costs incurred by the Counterparty, and reasonably could and should have incurred, to prevent or limit the damage, to the extent that the Counterparty demonstrates that these costs have led to a limitation of the direct damage;

4. Reasonable costs incurred by the Counterparty to obtain satisfaction out of court, as referred to in article 6:96 paragraph 2, sub c of the Dutch Civil Code.

Rebuild Nutrition B.V. will make every effort to achieve the intended training result, but does not guarantee this. Rebuild Nutrition B.V. is only obliged to make an effort. All communications from Rebuild Nutrition B.V. regarding the possible results of its activities are therefore indicative in nature. The Counterparty cannot derive any rights from this.

Rebuild Nutrition B.V. is never liable for any injury or other physical damage that the Counterparty may sustain during or as a result of a training.

If the Counterparty has health problems, injuries or is overweight, or if the Counterparty or Rebuild Nutrition B.V. has another reason to doubt the participation of the Counterparty, the Counterparty must seek advice from an expert physician.

Rebuild Nutrition B.V. reserves the right to exclude or refuse participants that it deems unsuitable.

Rebuild Nutrition B.V. is never liable for indirect damage, including in any case consequential damage, lost profit, missed savings, business stagnation or immaterial damage of the Counterparty. In the case of consumer purchases, this limitation does not extend beyond that permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.

Rebuild Nutrition B.V. is not liable for damage of any nature whatsoever because Rebuild Nutrition B.V. has assumed incorrect and/or incomplete information provided by the Other Party, unless this incorrectness or incompleteness should have been apparent to Rebuild Nutrition B.V.

The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of Rebuild Nutrition B.V. or its managerial subordinates.

Rebuild Nutrition B.V. is not liable for mutilation, destruction, theft or loss of data or documents.

If Rebuild Nutrition B.V. should be liable for any damage, the liability of Rebuild Nutrition B.V. is limited to a maximum of once the amount stated on the invoice.

The Counterparty must report the damage for which Rebuild Nutrition B.V. can be held liable to Rebuild Nutrition B.V. as soon as possible, but in any case within ten days after the damage occurred, on penalty of forfeiture of any right to compensation for this damage.

Any claim for liability against Rebuild Nutrition B.V. expires within one year after the Counterparty has become aware of the damaging event or could reasonably have been aware of it.

Limitation period

For all claims against Rebuild Nutrition B.V. and the third parties engaged by Rebuild Nutrition B.V. (if any), a limitation period of one year applies, in deviation from the statutory limitation periods.

The foregoing does not apply to claims based on the failure of the delivered item to comply with the Agreement. In this case, the claims expire after two years after the Counterparty has informed Rebuild Nutrition B.V. about the defect in the delivered item.

Privacy and cookies

The data and information that the Counterparty provides to Rebuild Nutrition B.V. will be carefully and confidentially stored by Rebuild Nutrition B.V.

Rebuild Nutrition B.V. acts in accordance with the GDPR, which has been in effect since 25 May 2018. Rebuild Nutrition B.V. will maintain a register of processing activities on the basis of the GDPR.

The Counterparty has the right to inspect, correct and delete the personal data provided.

When visiting the website, Rebuild Nutrition B.V. can collect information from the Counterparty about the use of the website by means of cookies.

The information that Rebuild Nutrition B.V. collects by means of cookies can be used for functional and analytical purposes.

Rebuild Nutrition B.V. may only use the personal data of the Counterparty in the context of the execution of its delivery obligation or the handling of a complaint.

Rebuild Nutrition B.V. may only use the personal data of the Counterparty for necessary specific purposes.

It is Rebuild Nutrition B.V. not permitted to lend, rent, sell or otherwise make public the personal data of the Counterparty.

Rebuild Nutrition B.V. will not store the personal data for longer than necessary.

The Counterparty is entitled to file a complaint with the Dutch Data Protection Authority regarding his/her personal data. The Dutch Data Protection Authority is obliged to handle this complaint.

The Counterparty agrees that Rebuild Nutrition B.V. may approach the Counterparty for statistical research or customer satisfaction research. If the Counterparty does not wish to be approached for research, the Counterparty can make this known.

Amendment to general terms and conditions

Rebuild Nutrition B.V. has the right to unilaterally amend these general terms and conditions.

Amendments will also apply to Agreements already concluded.

Rebuild Nutrition B.V. will notify the Counterparty of the changes by e-mail.

The changes to the general terms and conditions will come into effect 30 days after the Counterparty has been notified of the changes.

If the Counterparty does not agree with the announced changes, the Counterparty has the right to terminate the Agreement.

Applicable law and disputes

All legal relationships in which Rebuild Nutrition B.V. is a party are exclusively governed by Dutch law. This also applies if an obligation is performed in whole or in part abroad or if the Counterparty is domiciled abroad.

The applicability of the Vienna Sales Convention is excluded.

Location

These General Terms and Conditions have been filed with the Chamber of Commerce under number 83357033.

 

Rebuild Nutrition B.V.

These General Terms and Conditions of the Webshop Quality Mark Foundation have been drawn up in consultation with the Consumers' Association within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and will enter into force on 1 June 2014.

These General Terms and Conditions will be used by all members of the Webshop Quality Mark Foundation with the exception of financial services as referred to in the Financial Supervision Act and insofar as these services are supervised by the Financial Markets.

 

Table of Contents:

Artitle 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 cooling-off period

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

Article 9 – Obligations of the entrepreneur in the event of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Compliance and additional guarantee

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 – Additional or deviating provisions

Article 19 – Amendment of the general terms and conditions of the Stichting Webshop Keurmerk

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

1. Additional Agreement: an Agreement whereby the consumer acquires products, digital content and/or services in connection with a Distance Contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Duration of Agreement: an Agreement that provides for the regular delivery of goods, services and/or digital content over a certain period;
7. Durable data carrier: any instrument – ​​including e-mail – that enables the consumer or entrepreneur to store information addressed personally to him in a way that facilitates future consultation or use for a period that is geared to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information makes;
8. Right of withdrawal: the option for the consumer to withdraw from the Distance Contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance Contract: an Agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the Agreement, exclusive or additional use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions;
12. Technology for distance communication: means that can be used to conclude an Agreement, without the consumer and entrepreneur simultaneously in the same space;

Article 2 – Identity of the entrepreneur

Entrepreneur’s name;

Business address;

Visiting address, if different from the business address;

Telephone number and time(s) at which the entrepreneur can be reached by telephone;

E-mail address or other electronic means of communication offered to the consumer with the same functionality as e-mail;

Chamber of Commerce number;

VAT identification numbers;

If the entrepreneur’s activity is subject to a relevant licensing system: The details of the supervisory authority;

If the entrepreneur exercises a regulated profession:

• The professional association or organisation to which he is affiliated;
• The professional title, the place in the EU or the European Economic Area where it was awarded;
• A reference to the professional rules that apply in the Netherlands and instructions on where and how these professional rules can be accessed.

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every Distance Contract concluded between the entrepreneur and the consumer.
2. Before the Distance Contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur willmer before the Distance Contract is concluded, indicate in what way the general terms and conditions can be consulted with the entrepreneur and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.
3. 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 the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the Distance Contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The Agreement

1. The Agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the Agreement.
3. If the Agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. 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 the Distance Contract. If the entrepreneur has good reasons not to enter into the Agreement based on this investigation, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service or digital content, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
6. The visiting address of the entrepreneur's establishment where the consumer can go with complaints;
7. 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;
8. The information about guarantees and existing after-sales service;
9. The price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the Distance Contract;
10. The requirements for terminating the Agreement if the Agreement has a duration of more than one year or is of indefinite duration;
11. If the consumer has a right of withdrawal, the model withdrawal form.
12. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

For products:

1. The consumer can terminate an Agreement with regard to the purchase of a productuct during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
3. If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
4. If the delivery of a product consists of different 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;

1. For Agreements for regular delivery of products during 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 that is not delivered on a tangible medium:

1. The consumer can terminate a service Agreement and an Agreement for the delivery of digital content that is not delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
2. The reflection period referred to in paragraph 3 commences on the day following the conclusion of the Agreement.

Extended reflection period for products, services and digital content that has not been delivered on a tangible medium in the event of failure to inform about the right of withdrawal:

1. 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 will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
2. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer will handle the product and 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 starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for the depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the Agreement.

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

1. If the consumer exercises his right of withdrawal, he reports this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (a authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. 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 he will bear the costs himself, the consumer does not have to bear the costs of return.
6. If the consumer withdraws after first having expressly requested that the performance of the service or the supply of gas, water or electricity that is not readyd for sale in a limited volume or certain quantity commences during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that the entrepreneur has fulfilled at the time of withdrawal, compared to the full fulfilment of the obligation.
7. The consumer does not bear any costs for the performance 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:
8. The entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form, or;
9. The consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
10. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
11. He has, prior to the delivery thereof has not expressly agreed to commence the performance of the Agreement before the end of the cooling-off period;
12. He has not acknowledged that he loses his right of withdrawal when giving his consent; or
13. The entrepreneur has failed to confirm this statement by the consumer.
14. If the consumer exercises his right of withdrawal, all additional Agreements will be dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in the event of withdrawal

1. If the entrepreneur makes it possible for the consumer to notify the withdrawal electronically, he will immediately send a confirmation of receipt after receiving this notification.
2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever is the earlier.
3. The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has opted for 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 the 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, at least in good time before the conclusion of the Agreement:

1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
2. Agreements concluded during a public auction. A public auction means a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
3. Services Agreements, after full performance of the service, but only if:
4. The performance has begun with the express prior consent of the consumer; and
5. The consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the Agreement;
6. Services Agreements for the provision of accommodation, if a specific date or period of performance is provided for in the Agreement and other than for residential purposes, goods transport, car rental services and catering;
7. Agreements relating to leisure activities, if a specific date or period of performance is provided for in the Agreement;
8. Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
9. Products that spoil quickly or have a limited shelf life;
10. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the sealing is broken after delivery;
11. Products that are irrevocably mixed with other products after delivery due to their nature;
12. Alcoholic beverages, the price of which was agreed upon when concluding the Agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
13. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
14. Newspapers, periodicals or magazines, with the exception of subscriptions to these;
15. The delivery of digital content other than on a tangible medium, but only if:
16. The performance has begun with the express prior consent of the consumer; and
17. The consumer has declared that he thereby loses his right of withdrawal.

 

Article 11 – The price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This commitment to fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the Agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the Agreement are only permitted if the entrepreneur has stipulated this and:
5. These are the result of statutory regulations or provisions; or
6. The consumer has the authority to terminate the Agreement with effect from the day on which the price increase takes effect.
7. The prices stated in the offer of products or services include VAT.

Article 12 - Compliance with the Agreement and additional guarantee

1. The entrepreneur guarantees that the products and/or services comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the Agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur under the Agreement if the entrepreneur has failed to fulfil its part of the Agreement.
3. An additional guarantee is understood to mean any obligation of the entrepreneur, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the Agreement.

Article 13 – Delivery and implementation

1. The entrepreneur will take the greatest possible care 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 made known to the entrepreneur.
3. Taking into account what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will receive notification of this at the latest 30 days after placing the order. In that case, the consumer has the right to terminate the Agreement without costs and is entitled to any compensation.
4. After termination in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, termination and extension

Termination:

1. The consumer can terminate an Agreement that has been entered into for an indefinite period and that extends to thet 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.
2. The consumer can cancel an Agreement that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term with due observance of the agreed cancellation rules and a notice period of no more than one month.
3. The consumer can cancel the Agreements mentioned in the previous paragraphs:
• At any time and not be limited to cancellation at a specific time or during a specific period;
• At least cancel in the same manner as they were entered into by him;
• Always cancel with the same notice period as the entrepreneur has for himself agreed.

Extension:

1. A Contract entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
2. Notwithstanding the previous paragraph, a Contract entered into for a fixed period and which provides for the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can terminate this extended Contract at the end of the extension with a notice period of no more than one month.
3. A Contract entered into for a fixed period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is a maximum of three months if the Agreement is for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. A limited-term Agreement for the regular delivery of daily, news and weekly newspapers and magazines for the purpose of introduction (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

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

Article 15 – Payment

1. Unless otherwise provided in the Agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the Agreement. In the case of an Agreement to provide a service, this period commences on the day after the consumer has received confirmation of the Agreement.
2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
3. The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
4. If the consumer does not meet his payment obligation(s) on time, after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, the consumer is liable to pay the statutory interest on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. 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 can deviate from the amounts and percentages mentioned to the advantage of the consumer.

Article 16 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the Agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
3. Submitted to the entrepreneurAll complaints 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 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
4. A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaint 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 to both the entrepreneur in question and to Stichting Webshop Keurmerk.
5. Webshop Keurmerk will not handle a dispute or will discontinue handling it if the entrepreneur has been granted a moratorium on payments, has gone bankrupt or has actually ceased its business activities or the webshop has been suspended or expelled by Webshop Keurmerk.
6. A dispute will only be considered by Webshop Keurmerk if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
7. The dispute must be submitted to Webshop Keurmerk in writing no later than twelve months after the dispute has arisen.
8. It is also possible to submit complaints via the European ODR platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage)

Article 17 - Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 18 – Additional or deviating provisions

Additional or deviating provisions from these general 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 data carrier.

Article 19 – Amendment of the general terms and conditions of the Webshop Quality Mark Foundation

1. When the Webshop Quality Mark Foundation makes a change, we will inform the entrepreneur by means of the newsletter and place the latest terms and conditions on our website (https://www.keurmerk.info/nl/algemene-voorwaarden/)
2. Changes to these terms and conditions will only come into effect after they have been published in an appropriate manner, with the understanding that in the event of applicable changes during the term of an offer, the provision most favourable to the consumer will prevail.

 

Address Stichting Webshop Keurmerk: 

Willemsparkweg 193, 1071 HA  Amsterdam