Terms and Conditions

Terms and Conditions

Came about on 6 June 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 explicitly stated otherwise.

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 other party acting in the conduct of a business or profession.

Consumer: The other party not acting in the conduct of a business or profession.

Employ: All activities, in whatever form, that Rebuild Nutrition B.V. for or for the benefit of the other party.

Fee: The financial compensation that has been agreed with the other party for the execution of the assignment.

Assignment: The contract for services.

Agreement: Every agreement concluded between Rebuild Nutrition B.V. And the other party.

Product: All matters that are the subject of the agreement between the Other Party and Rebuild Nutrition B.V.

Other party: The person who has accepted these general terms and conditions and has purchased the product and/or has ordered the service to perform the service 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 other party, unless the parties have explicitly and in writing of these general terms and conditions.

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 other party is expressly rejected.

If it has been found that one or more provisions in these General Terms and Conditions are void or voidable, the General Terms and Conditions will be maintained for everything else. In the event of this situation, Rebuild Nutrition B.V. and the other party in consultation with the purpose to agree on new provisions to replace the void or destroyed provisions.

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

If Rebuild Nutrition B.V. Not always requires strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that Rebuild Nutrition B.V. To some extent the right would in other cases losing the punctual compliance with the provisions of these conditions.

Subscription fees

1. The agreement is entered into for the agreed contract duration. The contract duration is 6, 12 or 24 months. The contract cannot be changed, paused or stopped in the interim.

2. The effective date is determined when registering. The first payment period starts on this commencement date.

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

4. The other party owes the subscription fee over the entire contract duration. Rebuild Nutrition B.V. However, the other party offers the opportunity to pay the agreement in periodic periods of one month in advance.

5. Payment of the subscription fee must be made by direct debit per period of 1 month in advance, whereby the first payment is carried out immediately by means of one of the available payment methods. The first payment applies in this as authorization for direct debit. It is also possible to pay the entire subscription in one go through the available payment methods. The general terms and conditions of the chosen payment method also apply to the payment. The payment must be on the account of Rebuild Nutrition B.V. on the last day of the month. to have arrived. Rebuild Nutrition B.V. Is not liable for any malfunctions and/or errors that occur when transferring funds. If problems arise, you must contact your bank.

6. In the event of a non -timely reception, repentance or charging of the amount due, the other party will be sent a payment reminder. The other party will have the opportunity to pay the amount due for two weeks. If the other party is in default after this two -week period, all outstanding subscription periods will be immediately due and the claim for collection will be handed over. All costs incurred for this are for the account of the other party.

7.rebuild Nutrition B.V. Is entitled to terminate the relationship with the other party in the event of a payment arrears without the payment obligation expiring.

8. The interim suspension of the payment is not permitted.

End

1. A agreement ends when the chosen period of 6, 12 or 24 months has expired by means of a written request with a notice period of 1 month. In the event of non -cancellation, the agreement runs indefinitely.

2. The other party cannot cancel his/her agreement in the interim.

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 explicitly agreed otherwise. The agreement explicitly provides for all contact moments or periods within which contact with Rebuild Nutrition B.V. can be admitted. Outside the agreed consultations, the other party contacts. The other party is responsible for this.

2.rebuild Nutrition B.V. Intens in the messages or calling on the other party as soon as possible, but Rebuild Nutrition B.V. never guarantee fulfillment within a certain time. Depending on crowds and other circumstances, Rebuild Nutrition B.V. Postpone the treatment of messages and calls if direct treatment is reasonably impossible. Rebuild Nutrition B.V. In the event of different agreements, it is always entitled to call back at a later time. All possibly by Rebuild Nutrition B.V. The implementation periods, as well as delivery times with regard to programs as referred to in the next paragraph, are indicative non-fatal periods.

3. Programs are (except for no result) monthly by means of it to Rebuild Nutrition B.V. After consultation or in writing, e-mail address made in writing, provided to the other party in pdf format. Programs contain targeted food and training information on the person of the other party. The other party understands that it is in any way (both through contact at a distance and at the start of the agreement, or during consultations) to Rebuild Nutrition B.V. information provided influences the content of programs. With the content of programs, Rebuild Nutrition B.V. to give the other party a more recent impression of training and nutrition plans to be followed.

4. The Other Party guarantees that it is to Rebuild Nutrition B.V. Both solicited and unsolicited, all information provided that is reasonably important for the design and implementation of the agreement. The other party is responsible for the accuracy and completeness of this data. Programs, advice and instructions from Rebuild Nutrition B.V. are based on the information provided by the other party. Rebuild Nutrition B.V. Is never liable for damage caused by the other party of incorrect or incomplete information provided by the other party.

Cancellation, starting time, vacation, medical reasons

The other party is entitled to cancel a training free of charge once per calendar year in case of illness.

If the other party cancel more than one training in the same calendar year due to illness, Rebuild Nutrition B.V. With regard to the superior not obliged to repay or refund of funds.

The other party is entitled to move a personal training or a meet appointment, provided that the Other Party Rebuild Nutrition B.V. Of these at least 48 hours before the start of the personal training or measurement, informed by telephone conversation, SMS or WhatsApp. The missed personal training or measurements must catch up with the other party within 30 days, otherwise they will expire. Rebuild Nutrition B.V. is not obliged to repay or refund of funds.

If the other party for medical reasons is forced to temporarily interrupt the training and/or measurement, Rebuild Nutrition B.V. Temporarily stop the training and/or measurement. The SEPA automatic collections are not stopped. After the other party is medically able to follow the training and/or measurement, the Other Party Rebuild Nutrition B.V. to inform this immediately, so that the training sessions and/or measurements can be resumed. Rebuild Nutrition B.V. is not obliged to repay or refund of funds.

Training start and end at the planned time. If the training starts later than planned, outside the fault of Rebuild Nutrition B.V. For that, that is no reason to expand the duration of the training outside the planned time.

In case of the Personal Trainer of Rebuild Nutrition B.V. the other party will be presented with an alternative date and time. Rebuild Nutrition B.V. is not obliged to repay or refund of funds.

If the other party cannot attend one or more training sessions in connection with vacation, the other party must indicate this at least 14 days in advance to Rebuild Nutrition B.V.

In case of the holiday from the 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 repay or refund of funds.

Implementation times

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

If a period has been agreed or specified for the execution of certain activities, then this period can only be considered indicative and never to be a fatal period.

If Rebuild Nutrition B.V. Needs data or instructions from the Other Party, which are necessary for the implementation of the agreement, the execution period after the other party to Rebuild Nutrition B.V. has provided.

If the execution period is exceeded, the Other Party Rebuild Nutrition B.V. to give in writing, where Rebuild Nutrition B.V. A reasonable period of time is still offered to deliver the case or to implement the agreement.

A notice of default is not necessary if the performance has become permanently impossible or otherwise it has been found that Rebuild Nutrition B.V. will not fulfill its obligations under the agreement. Rebuild Nutrition B.V. Within this period not to implement, then the other party has the right to terminate the agreement without judicial intervention and/or demand compensation.

Payment

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

If it has been agreed that payment must be made via SEPA direct debit, the other party must ensure that there is sufficient balance on the bank account to make this SEPA direct debit. If a SEPA direct debit cannot be carried out, it is the responsibility of the other party to take care of timely payment by paying the owed if necessary by bank transfer or cash at the latest within the payment term of the invoice in question.

If you do not comply with your payment obligation even after we have failed, then you are in default. At that time we can charge collection costs and we can hand over the claim. We can also terminate the agreement with direct entrance. At that time you owe all membership fees that should be paid during the term of the agreement plus the collection costs that are charged.

If we cannot collect the payment of the other party for whatever reason (e.g., insufficient balance, etc.), we will send the collection to your bank again.

Payment can be made both before and after.

Payment must be made afterwards within 14 days of the invoice date, on a REBUID Nutrition B.V.  to be indicated and in the currency in which it has been invoiced, unless otherwise agreed.

The other party is not authorized to deduct the any amount due for a set -out set by him.

Rebuild Nutrition B.V.IS entitled to invoice the work performed in the present period to the other party. Invoicing takes place monthly.

The administration of Rebuild Nutrition B.V. Applies between the other party and Rebuild Nutrition B.V. as proof of what is owed to Rebuild Nutrition B.V.IS, conservative proof to the contrary by the other party.

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

Timely submitted objections are taken by Rebuild Nutrition B.V. in treatment, but do not suspend the payment obligation.

After the expiry of 14 days after the invoice date, the Other Party is in default by operation of law without notice of default. From the moment of default, the other party owes an interest of 2% per month on the due amount, unless the statutory interest is higher.

As soon as the other party is in default, all claims of Rebuild Nutrition B.V. at the other party, including future claims that will arise during the remaining duration of the agreement, are 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 other party to Rebuild Nutrition B.V. Immediately due and payable.

If the other party does not use the agreement, there is no refund of the membership fee.

Collection costs

If the other party is in default or in default in the (timely) fulfillment of its obligations, then all reasonable costs for obtaining satisfaction will be borne by the other party.

With regard to the extrajudicial (collection) costs, Rebuild Nutrition B.V. Insofar as the other party acts as a company, in deviation from Article 6:96 paragraph 5 of the Civil Code and the Decree Reimbursement for extrajudicial collection costs, entitled to a reimbursement of 15% of the total outstanding principal with a minimum of € 150 For every invoice that is not fully or partially paid.

With regard to the extrajudicial (collection) costs, Rebuild Nutrition B.V., insofar as the Other Party acts in the capacity of the Consumer, is entitled to the statutory maximum allowable compensation as stipulated in the Decree reimbursement for extrajudicial (collection) costs.

Insofar as the other party acts in the capacity of consumer has Rebuild Nutrition B.V. Only entitled to a reimbursement of the extrajudicial (collection) costs, after Rebuild Nutrition B.V. The other party has sent a reminder after the absence has arrived to pay the outstanding invoice or invoices within fourteen days.

The possible reasonable judicial and execution costs will also be borne by the other party.

Liability

Rebuild Nutrition B.V.  is only liable for direct damage caused by conscious recklessness or intent of Rebuild Nutrition B.V. Direct damage should only be understood:

1. material damage to the property of the other party;

2. Rearable costs that the other party has incurred to determine liability and (the extent of the direct) damage;

3. Reasonable costs that the other party has reasonably incurred, and could and may reasonably be made, to prevent or limit the damage, insofar as the other party demonstrates that these costs have led to a limitation of direct damage;

4. Royal costs that the other party reasonably incurred to obtain satisfaction outside of court, as referred to in Section 6:96 (2) (c) of the Dutch Civil Code.

Rebuild Nutrition B.V. Tans to the best of the insight and ability to achieve the intended training result, but does not guarantee that. On Rebuild Nutrition B.V. Rest only an effort obligation. All announcements from Rebuild Nutrition B.V. Regarding the possible results of her work, are therefore indicative in nature. The other party cannot derive any rights from this.

Rebuild Nutrition B.V.IS never liable for any injury or other physical damage that the other party was allowed to suffer during or as a result of a training.

If the other party has health problems, injuries or overweight, or if the other party or Rebuild Nutrition B.V. Another reason has to doubt the participation of the other party, the other party itself must seek advice from an expert doctor.

Rebuild Nutrition B.V. reserves the right to exclude or refuse unsuitable participants in her opinion.

Rebuild Nutrition B.V.is never liable for indirect damage, including in any case consequential damage, lost profit, missed savings, business interruption or immaterial damage from the other party. In the case of consumer purchase, this restriction does not extend beyond that is permitted under Section 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.IS assumed incorrect and/or incomplete data provided by the other party, unless this incorrectness or incompleteness for Rebuild Nutrition B.V. should be known.

The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence of Rebuild Nutrition B.V. Or his supervisor subordinates.

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

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

The other party serves the damage for which Rebuild Nutrition B.V. Can be held liable, as soon as possible, but in any case within ten days after the damage to Rebuild Nutrition B.V. To report, all this on pain of the decline of any compensation right of this damage.

Any liability claim against Rebuild Nutrition B.V. Within one year after the other party, the other party became known with the damage causing whether it could reasonably have been known.

Limitation period

For all progress against Rebuild Nutrition B.V. and the third parties engaged by Rebuild Nutrition B.V., in deviation from the legal limitation periods, a limitation period of one year applies.

The foregoing does not apply to claims that are based on not answering the delivered case to the agreement. In this case, the claims due to the course of two years after the Other Party Rebuild Nutrition B.V. has informed about the lack of the delivered item.

Privacy and cookies

The data and information that the other party to Rebuild Nutrition B.V. provided, Rebuild Nutrition B.V. Carefully and confidential.

Rebuild Nutrition B.V. acts in accordance with the AVG which is in force from 25 May 2018. Rebuild Nutrition B.V. will keep a register of processing activities on the basis of the AVG.

The other party has the right to inspect, right to correction and right to remove the personal data transmitted.

When visiting the website, Rebuild Nutrition B.V. Information from the other party about the use of the website collect by means of cookies.

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

Rebuild Nutrition B.V. may only use the personal data of the other party in the context of the implementation of its obligation to deliver or handle a complaint.

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

It is Rebuild Nutrition B.V. Not permitted to lend, rent, sell or in one way or another to make the personal data of the other party.

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

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

The Other Party agrees that Rebuild Nutrition B.V. de Other Party approaches statistical research or customer satisfaction research. If the other party does not want to be approached for research, the other party can make this known.

Change of general terms and conditions

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

Changes will also apply to agreements already concluded.

Rebuild Nutrition B.V. the other party will inform the changes by e-mail.

The changes to the General Terms and Conditions will be in force of the changes in force after 30 days after the other party has been informed.

If the other party does not agree with the announced changes, the other party has the right to terminate the agreement.

Applicable law and disputes

On all legal relationships where Rebuild Nutrition B.V. is a party, only Dutch law applies. This also applies if a commitment is carried out in whole or in part abroad or if the other party has its place of residence 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 Stichting Webshop Keurmerk were established in consultation with the Consumers' Association in the context of the Coordination Group on Self -Regulation Consultation (CZ) of the Social Economic Council and enter into force on 1 June 2014.

These general terms and conditions will be used by all members of the Webshop Keurmerk Foundation with the exception of financial services as referred to in the Financial Supervision Act and insofar as these services are supervised by the Netherlands Authority for the Financial Markets.

 

Table of contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The Agreement

Article 6 - right of withdrawal

Article 7 - Obligations of the consumer during the 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 - Take and extra warranty

Article 13 - Delivery and implementation

Article 14 - Duration transactions: Duration, cancellation and extension

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or different provisions

Article 19 - Change of the General Terms and Conditions Stichting Webshop Keurmerk

Article 1 - Definitions

In these terms and conditions::

1. Additional agreement: an agreement in which the consumer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an appointment between that third party and the entrepreneur;
2. Reflection: the period within which the consumer can use his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data that is produced and supplied in digital form;
6. Expensive agreement: an agreement that is to the regular delivery of goods, services and/or digital content during a certain period;
7. Sustainable data carrier: any tool-including e-mail-that allows the consumer or entrepreneur to store information that is personally addressed to him in a way that future consultation or use for a period that is tailored to the purpose for which the information is intended, and that makes unchanged reproduction of the stored information possible;
8. Right of withdrawal: the possibility of the consumer to refrain from the remote agreement within the cooling -off period;
9. Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and Products, (access to) digital content and/or remote services to consumers;
10. Distance agreement: an agreement that is concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the Agreement, one is made of one Or more techniques for remote communication;
11. Model form for withdrawal: the European model form for cancellation form included in Annex I of these Terms and Conditions;
12. Technology for remote communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to meet in the same room simultaneously;

Article 2 - Identity of the entrepreneur

Name entrepreneur;

Location address;

Visiting address, if this deviates from the location address;

Telephone number and time (pen) on 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 email;

Chamber of Commerce number;

VAT identification numbers;

If the entrepreneur's activity is subject to a relevant permit system: the data on the supervisory authority;

If the entrepreneur conducts a regulated profession:

• The professional association or organization to which it is affiliated;
• The professional title, the place in the EU or the European Economic Area where it has been assigned;
• A reference to the professional rules that apply in the Netherlands and instructions where and how these professional rules are accessible.

Article 3 - Applicability

1. These general terms and conditions apply to every offer of the entrepreneur and to every distance agreement between entrepreneur and consumer.
2. Before the distance agreement 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 will indicate before the distance agreement is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance agreement is concluded electronically, contrary to the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that they on by the consumer on A simple way can be stored on a sustainable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be taken into account electronically and that they will be sent free of charge electronically or in any other way at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraph applies mutatis mutandis and the consumer can always rely on the applicable provision that is most favorable for him in the event of conflicting conditions .

Article 4 - The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products offered, digital content and/or services. The description is sufficiently detailed to make a good assessment of the offer possible by the consumer. If the entrepreneur uses images, they are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or apparent errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with the acceptance of the offer.

Article 5 - The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the compliance with the conditions set with it.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures for this.
4. The entrepreneur can inform himself within the legal frameworks - whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible interlocutory of the distance agreement. If the entrepreneur has good grounds on the basis of this investigation not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
5. The entrepreneur will at the latest upon delivery of the product, the service or digital content to the consumer the following information, in writing or in such a way that the consumer can be stored in an accessible manner on a sustainable data carrier, to send:
6. The visiting address of the entrepreneur's location where the consumer can go with complaints;
7. The conditions under which and the way in which the consumer can use the right of withdrawal, or a clear report on the exclusion of the right of withdrawal;
8. The information about guarantees and existing service after purchase;
9. The price including all taxes of the product, service or digital content; Insofar as applicable the costs of delivery; and the method of payment, delivery or execution of the distance agreement;
10. The requirements for cancellation of the agreement if the agreement has a duration of more than one year or an indefinite duration;
11. If the consumer has a right of withdrawal, the model form for withdrawal.
12. In the event of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - right of withdrawal

With products:

1. The consumer can dissolve an agreement with regard to the purchase of a product during a cooling -off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to give his reason (s).
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer, who is not the carrier, 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, received the last product. The entrepreneur may, if he has clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with a different delivery time.
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, 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, received the first product.

For services and digital content that was not supplied on a material carrier:

1. The consumer can dissolve a Services Agreement and an agreement for the delivery of digital content that was not delivered to a material carrier for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to give his reason (s).
2. The reflection period referred to in paragraph 3 starts on the day that follows the conclusion of the agreement.

Extended cooling -off period for products, services and digital content that is not delivered to a material carrier when not informing about the right of withdrawal:

1. If the entrepreneur has not provided the consumer for the legally required information about the right of withdrawal or the model form for withdrawal, the cooling -off period expires twelve months after the end of the original, in accordance with the previous paragraphs of this article, the cooling -off time set.
2. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the commencement date of the original cooling -off period, the cooling -off 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 the packaging carefully. It will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer can only use and inspect the product as he could do in a store.
2. The consumer is only liable for value reduction of the product that is the result of a way of dealing with the product that goes further than permitted in paragraph 1.
3. The consumer is not liable for value reduction of the product if the entrepreneur has not provided it for or at the conclusion of the agreement all legally required information about the right of withdrawal.

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

1. If the consumer uses his right of withdrawal, he reports this to the entrepreneur within the cooling -off period by means of the model form or in a other unambiguous way.
2. As soon as possible, but within 14 days from the day following the report referred to in paragraph 1, the consumer will return the product, or hands this to (an 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 original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
6. If, after first, the consumer revokes explicitly that the operation of the service or the delivery of gas, water or electricity that is not prepared for sale in a limited volume or that quantity starts during the cooling -off period, the consumer is the entrepreneur a amount that is proportional to that part of the commitment that the entrepreneur has met at the time of withdrawal compared to the full fulfillment of the obligation.
7. The consumer does not bear any costs for the performance of services or the delivery of water, gas or electricity, which are not ready for sale in a limited volume or quantity, or to deliver district heating, if:
8. The entrepreneur has not provided the consumer the legally required information about the right of withdrawal, the expense allowance in the event of withdrawal or the model form for withdrawal, or;
9. The consumer has not explicitly requested the start of the performance of the service or delivery of gas, water, electricity or district heating during the cooling -off period.
10. The consumer has no costs for the full or partial delivery of digital content supplied on a material carrier, if:
11. He did not explicitly agree to start the compliance with the agreement before the end of the cooling -off period prior to its delivery;
12. He has not acknowledged to lose his right of withdrawal when granting his permission; or
13. The entrepreneur has failed to confirm this statement from the consumer.
14. If the consumer uses 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 the consumer's notification possible electronically, he will send a confirmation of receipt immediately after receipt of this report.
2. The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer reports the cancellation. Unless the entrepreneur offers to collect the product himself, he can wait to repay until he has received the product or until the consumer shows that he has returned the product, depending on what time falls earlier.
3. The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees with another method. The reimbursement is free of charge for the consumer.
4. If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, the entrepreneur does not have to repay 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 with the offer, at least in time before the conclusion of the agreement, has stated:

1. Products or services that the price is bound by fluctuations on the financial market on which the entrepreneur has no influence and that can occur within the withdrawal period
2. Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, led by an auctioneer, and where 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 implementation has started with the explicit prior approval of the consumer; and
5. The consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully implemented the agreement;
6. Services agreements for providing accommodation, if a certain date or period of implementation is provided in the agreement and other than for residential purposes, freight transport, car rental services and catering;
7. Agreements with regard to leisure activities, if a certain date or period of implementation is provided in the agreement;
8. Products manufactured according to consumer specifications that are not prefabricated and that are made on the basis of an individual choice or decision of the consumer, or that 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 being returned to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
11. Products that are irrevocably mixed with other products after delivery due to their nature;
12. Alcoholic beverages whose price has been agreed at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value is dependent on fluctuations of the market on 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, magazines or magazines, with the exception of subscriptions to this;
15. The delivery of digital content other than on a material carrier, but only if:
16. The implementation has started with the explicit prior approval of the consumer; and
17. The consumer has stated that he loses his right to withdrawal.

 

Article 11 - The price

1. During the validity period stated in the offer, the prices of the products and/or services offered are not increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are bound by fluctuations on the financial market and on which the entrepreneur has no influence, with variable prices. This bondage to fluctuations and the fact that any prices mentioned are target prices are stated with the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal 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 legal regulations or provisions; or
6. The consumer has the authority to cancel the agreement with effect from the day on which the price increase starts.
7. The prices mentioned in the range of products or services include VAT.

ARTICLE 12 - Compliance with the agreement and extra warranty 

1. The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, to the reasonable requirements of reliability and/or usability and the legal provisions and/ Or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional warranty provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. Extra guarantee is understood to mean any commitment of the entrepreneur, his supplier, importer or producer in which he grants certain rights or claims to the consumer that go beyond what they are legally required in the event that he has failed to fulfill his part of the agreement .

Article 13 - Delivery and implementation

1. The entrepreneur will observe the greatest possible care when receiving and in the implementation of orders of products and when assessing applications for services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of what is stated in Article 4 of these General Terms and Conditions, the entrepreneur will execute accepted orders with due speed but no later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only be carried out in part, the consumer will notify this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and the right to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will repay the amount that the consumer has paid without delay.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative designated and to the entrepreneur, unless explicitly agreed otherwise.

Article 14 - Duration transactions: Duration, cancellation and extension

Cancellation:

1. The consumer can at all times cancel an agreement that has been entered into an indefinite period of time and that intends to regularly deliver products (including electricity) or services with due observance of agreed cancellation rules and a notice period of at most one month.
2. The consumer may at all times cancel an agreement that has entered into a fixed -term period and that is intended to regularly deliver products (including electricity) or services at the end of the fixed duration with due observance of agreed cancellation rules and a notice period of Ten highest one month.
3. The consumer can do the agreements mentioned in the previous members:
• Cancel at all times and are not limited to cancellation at a certain time or in a certain period;
• At least cancel in the same way as they have been entered into by him;
• Always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension:

1. An agreement that has been entered into for a fixed -term period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a certain duration.
2. Contrary to the previous paragraph, an agreement that has been entered into for a fixed-term period and that aims to arrange news and weekly newspapers and magazines may be tacitly extended for a certain duration of a maximum of three months, if the consumer against this extended agreement against The end of the extension can cancel with a notice period of at most one month.
3. An agreement that has been entered into for a fixed period and that is intended to regularly deliver products or services, may only be tacitly extended for an indefinite period if the consumer can at any time cancel with a notice period of at most one month. The notice period is a maximum of three months in the event that the agreement is arranged, but less than once a month, delivery of day, news and weekly newspapers and magazines.
4. An agreement with a limited duration to arranged regularly to introduce day, news and weekly magazines and magazines (trial or introduction subscription) is not tacitly continued and ends automatically after the end of the test or introduction period.

Duration:

1. If an agreement has a duration of more than a year, the consumer may at any time cancel the agreement with a notice period of at most one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 15 - Payment

1. To the extent that it is not stipulated 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 event of an agreement to provide a service, this period starts on the day after the consumer has received the 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%. When prepayment is stipulated, the consumer cannot assert any rights regarding the implementation of the relevant order or service (s) before the stipulated prepayment has taken place.
3. The consumer has the duty to immediately report inaccuracies in provided or stated payment data to the entrepreneur.
4. If the consumer does not meet his payment obligation (s) in time, it is, after he has been informed by the entrepreneur the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the Nobility within this 14-day period, on the amount still due, the statutory interest due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs are a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000 with a minimum of € 40. The entrepreneur can deviate from the aforementioned amounts and percentages for the benefit of the consumer.

Article 16 - Complaints procedure

1. The entrepreneur has a sufficiently announced complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur in full and clearly defined within a reasonable time after the consumer has found 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 answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
4. A complaint about a product, service or 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 deal with a dispute or the treatment will strike if the entrepreneur has been granted a suspension of payment, it has been in a state of bankruptcy or has actually terminated its business activities Whether the webshop has been suspended or is showered by Webshop Keurmerk. 
6. A dispute will only be processed by Webshop Keurmerk if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
7. The dispute must be brought in writing to the webshop Keurmerk at the latest twelve months after the dispute has arisen.
8. It is also possible to report complaints via the European ODR platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage)

Article 17 - Disputes

1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.

Article 18 - Additional or different provisions

Additional or deviating provisions deviating 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 in an accessible manner on a sustainable data carrier.

Article 19 - Change of the General Terms and Conditions Stichting Webshop Keurmerk

1. If the Webshop Keurmerk Foundation will make a change, we will inform the entrepreneur through the newsletter and place the latest conditions on our website (https://www.keurmerk.info/nl/algemene-voorwaarden/)
2. Changes to these terms and conditions are only in force after they have been published in appropriate manner, on the understanding that in the event of applicable changes during the duration of an offer, the most favorable provision for the consumer will prevail.

 

Address Stichting Webshop Keurmerk: 

Willemsparkweg 193, 1071 HA Amsterdam