Created on June 6, 2018.

General Terms and Conditions of Rebuild Coaching B.V. located at Bredaseweg 106-C, 4902 NS, in Oosterhout, registered with the Chamber of Commerce under number 67750702.

Definitions

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

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

Rebuild Coaching B.V.: Rebuild Coaching B.V. registered with the Chamber of Commerce under number 67750702.

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

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

Service: All work, in whatever form, that Rebuild Coaching B.V. performs. has performed for or on behalf of the Other Party.

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

Assignment: The Agreement for assignment to provide services.

Agreement:Any Agreement concluded between Rebuild Coaching B.V. and the Other Party.

Product: All matters that are the subject of the Agreement concluded between the Other Party and Rebuild Coaching B.V.

Other Party: The person who has accepted these general terms and conditions and has purchased the product and/or has given instructions for the performance of the service under the Other Party becomes both Consumer and Companies understand,

Scope

These General Terms and Conditions apply to every offer, quotation and Agreement concluded between Rebuild Coaching B.V. and the Other Party, 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 Coaching 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 appears that one or more provisions in these General Terms and Conditions are void or voidable, then the General Terms and Conditions will remain in force for all else. In the event of this situation, Rebuild Coaching B.V. and the Other Party in 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 agreed in writing and expressly with Rebuild Coaching B.V. have been agreed.

If Rebuild Coaching B.V. does not always require strict compliance with these conditions, this does not mean that their provisions do not apply, or that Rebuild Coaching B.V. would 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 duration. The contract duration is 6, 12 or 24 months. The contract cannot be changed, paused or stopped in the meantime.

2.The start date is determined when registering. The first payment period will commence on this effective date.

3.The payment obligation commences when Rebuild Coaching B.V. has received the registration.

4.The Other Party owes the subscription fee for the entire contract term. Rebuild Coaching B.V. However, the Other Party offers 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 serves as authorization for direct debit. It is also possible to pay for the entire subscription in advance using the available payment methods. The general terms and conditions of the chosen payment method also apply to the payment. Payment must be made to Rebuild Coaching B.V.'s account no later than the last day of the month. to have entered. Rebuild Coaching B.V. is not liable for any malfunctions and/or errors that occur during the transfer of funds. If any problems arise, please contact your bank.

6.In the event of late receipt, reversal or chargeback of the amount due, the Other Party will be sent a payment reminder. The Other Party will be given two weeks to pay the amount due. If the Other Party is in default after this two-week period, all outstanding subscription installments will become immediately due and payable and the claim will be outsourced for collection. All costs incurred for this are borne by the Other Party.

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

8.Interim suspension of payment is not permitted.

Terminate

1.An 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. If you do not cancel, the Agreement will run for an indefinite period.

2.The Other Party 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 with Rebuild Coaching B.V. can be recorded. The Other Party will contact you outside the agreed consultations. The Other Party is responsible for this.

2.Rebuild Coaching B.V. makes every effort to handle messages or calls from the Other Party as quickly as possible, but Rebuild Coaching B.V. never guarantee compliance therewith within a certain time. Depending on crowds and other circumstances, Rebuild Coaching B.V. postpone handling messages and calls if immediate handling is reasonably impossible. Rebuild Coaching B.V. is always entitled to call back at a later time in the event of different Agreements. All possibly by Rebuild Coaching B.V. stated implementation times, as well as delivery times with regard to programs as referred to in the following paragraph, are indicative non-fatal terms.

3. Programs are delivered monthly (except in the event of no results) through the email sent to Rebuild Coaching B.V. provided to the Other Party in PDF format after consultation or e-mail address provided in writing. Programs contain nutritional and training information tailored to the Other Party's personality. The Other Party understands that it will in any way whatsoever (both through remote contact and at the start of the Agreement, or during consultations) owe Rebuild Coaching B.V. data provided affects the content of programs. With the content of programs, Rebuild Coaching B.V. aims to: to give the Other Party the most recent possible impression of the training and nutrition plans to be followed.

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

Cancellation, start time, holiday, medical reasons

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

If the Other Party cancels more than one training in the same calendar year due to illness, Rebuild Coaching B.V. with regard to the excess, not obliged to repay or reimburse monies.

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

If the Other Party is forced to temporarily interrupt the training and/or measurement due to medical reasons, Rebuild Coaching B.V. can temporarily halt the training and/or measurement. The SEPA direct debits will not be stopped. After the Other Party is medically able to follow the training and/or measurement again, the Other Party must Rebuild Coaching B.V. to be informed immediately, so that the training and/or measurements can be resumed. Rebuild Coaching B.V. is not obliged to refund or reimburse funds.

Trainings start and end at the scheduled time. If the training starts later than planned, through no fault of Rebuild Coaching B.V. However, this is no reason to extend the duration of the training beyond the planned time.

In the event of illness of the personal trainer of Rebuild Coaching B.V. the Other Party will be presented with an alternative date and time. Rebuild Coaching B.V. is not obliged to refund or reimburse funds.

If the Other Party cannot attend one or more training sessions due to holidays, the Other Party must notify Rebuild Coaching B.V. of this at least 14 days in advance

In case of vacation of the trainer of Rebuild Coaching B.V. is Rebuild Coaching B.V. entitled to have the training take place on a different date and time. Rebuild Coaching B.V. is not obliged to refund or reimburse funds.

Execution deadlines

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

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

If Rebuild Coaching B.V. requires data or instructions from the Other Party that are necessary for the execution of the Agreement, the execution period commences after the Other Party has provided these to Rebuild Coaching B.V. has provided.

If the execution period is exceeded, the Other Party must notify Rebuild Coaching B.V. written notice of default, whereby Rebuild Coaching B.V. a reasonable period is still offered to deliver the item or to implement the Agreement.

A notice of default is not necessary if performance has become permanently impossible or it has otherwise become apparent that Rebuild Coaching B.V. will not fulfill its obligations under the Agreement. Will Rebuild Coaching B.V. does not carry out execution within this period, the Other Party has the right to terminate the Agreement without judicial intervention and/or to demand compensation.

Payment

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

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

If you do not meet your payment obligation even after we have given you notice of default, you are in default. At that time we can charge collection costs and we can outsource the claim. We can also terminate the Agreement with immediate effect. 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 payment from the Other Party for any reason (e.g. reversal, insufficient funds, etc.), we will send the collection again to your bank.

Payment can be made both in advance and afterwards.

Payment in arrears must be made within 14 days of the invoice date, in a manner specified by Rebuild Coaching B.V. manner and in the currency in which the invoice has been invoiced, unless otherwise agreed.

The Other Party is not entitled to deduct any amount from the amount due on account of a counterclaim made by it.

Rebuild Coaching B.V. is entitled to invoice the Other Party for the work performed in the previous period. Invoicing takes place monthly.

The administration of Rebuild Coaching B.V. applies between the Other Party and Rebuild Coaching B.V. as proof of what has been owed to Rebuild Coaching B.V. is due, subject to proof to the contrary to be provided by the Other Party.

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

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

After 14 days have elapsed after the invoice date, the Other Party is legally in default without notice of default. From the moment of default, the Other Party owes interest of 2% per month on the amount due, unless the statutory interest is higher.

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

In the event of bankruptcy, suspension of payments or guardianship, the claims of Rebuild Coaching B.V. and the obligations of the Other Party towards Rebuild Coaching B.V. immediately due.

If the Other Party does not use the Agreement, the membership fee will not be refunded.

Collection costs

If the Other Party is in default or in default in the (timely) fulfillment of its obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the Other Party.

With regard to the extrajudicial (collection) costs, Rebuild Coaching B.V. insofar as the Other Party acts in its capacity as a Company, notwithstanding Article 6:96 paragraph 5 of the 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 every invoice that has not been paid in whole or in part.

With regard to the extrajudicial (collection) costs, Rebuild Coaching B.V., insofar as the Other Party acts in the capacity of a Consumer, is entitled to the legally maximum permitted compensation as determined in the Decree on compensation for extrajudicial (collection) costs.

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

Any reasonable judicial and enforcement costs incurred will also be borne by the Other Party.

Liability

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

1.Material damage to the property of the Other Party;

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

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

4.Reasonable costs that the Other Party has reasonably incurred to obtain payment out of court, as referred to in Article 6:96, paragraph 2, sub c of the Civil Code.

Rebuild Coaching B.V. makes every effort to the best of its knowledge and ability to achieve the intended training result, but does not guarantee this. At Rebuild Coaching B.V. is solely subject to a best efforts obligation. All communications from Rebuild Coaching B.V. The possible results of its activities are therefore indicative in nature. The Other Party cannot derive any rights from this.

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

If the Other Party has health problems, injuries or is overweight, or if the Other Party or Rebuild Coaching B.V. has another reason to doubt the Other Party's participation, the Other Party must seek advice from an expert doctor.

Rebuild Coaching B.V. reserves the right to exclude or refuse unsuitable participants from participation in its sole discretion.

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

Rebuild Coaching B.V. is not liable for damage of any kind caused by Rebuild Coaching B.V. is based on incorrect and/or incomplete data provided by the Other Party, unless this incorrectness or incompleteness is for Rebuild Coaching B.V. should have been known.

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 Coaching B.V. or his managerial subordinates.

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

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

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

Any liability claim against Rebuild Coaching B.V. expires within one year after The Other Party has become aware of the damaging fact or could reasonably have become aware of it.

Limitation period

For all claims against Rebuild Coaching B.V. and the information provided by Rebuild Coaching B.V. (any) third parties engaged, notwithstanding the statutory limitation periods, a limitation period of one year applies.

The foregoing does not apply to claims based on the delivered item not complying with the Agreement. In this case, the claims expire two years after the Other Party Rebuild Coaching B.V. informed about the defect in the delivered item.

Privacy and cookies

The data and information that the Other Party provides to Rebuild Coaching B.V. provided, Rebuild Coaching B.V. store carefully and confidentially.

Rebuild Coaching B.V. acts in accordance with the GDPR which comes into effect from May 25, 2018. Rebuild Coaching B.V. will keep a register of processing activities in accordance with the GDPR.

The Other Party has the right to inspect, correct and delete the personal data transferred.

When visiting the website, Rebuild Coaching B.V. collect information from the Other Party about the use of the website by means of cookies.

The information that Rebuild Coaching B.V. collected through cookies can be used for functional and analytical purposes.

Rebuild Coaching B.V. may only use the Other Party's personal data in the context of the execution of its delivery obligation or the handling of a complaint.

Rebuild Coaching B.V. may use the Other Party's personal data exclusively for necessary specific purposes.

It is Rebuild Coaching B.V. not permitted to lend, rent, sell or make public the Other Party's personal data in any way.

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

The Other Party 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 Other Party agrees that Rebuild Coaching B.V. approaches the Other Party for statistical research or customer satisfaction research. If the Other Party does not wish to be contacted for research, the Other Party can make this known.

Change to general terms and conditions

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

Changes will also apply to Agreements already concluded.

Rebuild Coaching B.V. will inform the Other Party of the changes by e-mail.

The changes to the general terms and conditions will take effect 30 days after the Other Party has been informed of the changes.

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

Governing Law and Disputes

On all legal relationships involving Rebuild Coaching B.V. is a party, only Dutch law applies. This also applies if an obligation is fully or partially performed 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 67750702.

 

 

Rebuild Nutrition B.V.

These General Terms and Conditions of the Webshop Keurmerk Foundation have been drawn up in consultation with the Consumers' Association in the context of the Coordination Group Self-regulation Consultation (CZ) of the Social Economic Council and come into effect on June 1, 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 right of withdrawal

Article 11 – The price

Article 12 – Compliance and additional warranty

Article 13 – Delivery and execution

Article 14 – Duration transactions: duration, termination and extension

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Additional or deviating provisions

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

Article 1 – Definitions

In these conditions the following terms apply:

1. Additional Agreement: an Agreement whereby 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 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 Agreement: an Agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
7. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation or use during a period of time. period that is tailored to the purpose for which the information is intended and that allows unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer's option to cancel 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 remotely to consumers;
10. Distance Agreement: an Agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and/or services, up to and including the conclusion of the Agreement makes exclusive or partial use of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions;
12. Technology for remote communication: means that can be used to conclude an Agreement, without the consumer and entrepreneur having to meet in the same room at the same time;

Article 2 – Identity of the entrepreneur

Name of entrepreneur;

Business address;

Visiting address, if this differs 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 email;

Chamber of Commerce number;

VAT identification numbers;

If the activity of the entrepreneur is subject to a relevant licensing system: The information about the supervisory authority;

If the entrepreneur practices a regulated profession:

• The professional association or organization to which he is affiliated;
• The professional title, the place in the EU or the European Economic Area where it was awarded;
• A reference to the professional rules that apply in the Netherlands and instructions 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 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, notwithstanding the previous paragraph and before the Distance Agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be read by the consumer can be easily stored on a durable 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 viewed electronically and that they will be sent free of charge electronically or otherwise 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 paragraphs apply mutatis mutandis and in the event of conflicting conditions, the consumer can always rely on the applicable provision that applies to him is most favorable.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly 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 a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or 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 accepting 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 compliance with the conditions set.
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 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 safe 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 a responsible conclusion of the Distance Agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the Agreement, 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 it can be stored by the consumer in an accessible manner on a durable data carrier:
6. The visiting address of the entrepreneur's branch 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 warranties 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 performance of the Distance Agreement;
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 duration 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 relating 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 may not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, 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, received the last product. The entrepreneur may, provided he has clearly informed the consumer about 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 several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or 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 supplied on a tangible medium:

1. The consumer can terminate a services Agreement and an Agreement for the delivery of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige him 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 is not delivered on a tangible medium if you do not inform yourself 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 operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would in a store.
2. The consumer is only liable for any reduction in value of the product that is the result of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for 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 must report 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 shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has 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 supplied accessories, 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 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 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 for return.
6. If the consumer revokes after first having expressly requested that the performance of the service or the supply of gas, water or electricity that are not prepared for sale in a limited volume or specific quantity commences during the cooling-off period, the consumer is the entrepreneur owes an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity that are not prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
8. De ondernemer de consument de wettelijk verplichte informatie over het herroepingsrecht, de kostenvergoeding bij herroeping of het modelformulier voor herroeping niet heeft verstrekt, of;
9. De consument niet uitdrukkelijk om de aanvang van de uitvoering van de dienst of levering van gas, water, elektriciteit of stadsverwarming tijdens de bedenktijd heeft verzocht.
10. De consument draagt geen kosten voor de volledige of gedeeltelijke levering van niet op een materiële drager geleverde digitale inhoud, indien:
11. Hij voorafgaand aan de levering ervan niet uitdrukkelijk heeft ingestemd met het beginnen van de nakoming van de Overeenkomst voor het einde van de bedenktijd;
12. Hij niet heeft erkend zijn herroepingsrecht te verliezen bij het verlenen van zijn toestemming; of
13. De ondernemer heeft nagelaten deze verklaring van de consument te bevestigen.
14. Als de consument gebruik maakt van zijn herroepingsrecht, worden alle aanvullende Overeenkomsten van rechtswege ontbonden.

Artikel 9 – Verplichtingen van de ondernemer bij herroeping

1. Als de ondernemer de melding van herroeping door de consument op elektronische wijze mogelijk maakt, stuurt hij na ontvangst van deze melding onverwijld een ontvangstbevestiging.
2. De ondernemer vergoedt alle betalingen van de consument, inclusief eventuele leveringskosten door de ondernemer in rekening gebracht voor het geretourneerde product, onverwijld doch binnen 14 dagen volgend op de dag waarop de consument hem de herroeping meldt. Tenzij de ondernemer aanbiedt het product zelf af te halen, mag hij wachten met terugbetalen tot hij het product heeft ontvangen of tot de consument aantoont dat hij het product heeft teruggezonden, naar gelang welk tijdstip eerder valt.
3. De ondernemer gebruikt voor terugbetaling hetzelfde betaalmiddel dat de consument heeft gebruikt, tenzij de consument instemt met een andere methode. De terugbetaling is kosteloos voor de consument.
4. Als de consument heeft gekozen voor een duurdere methode van levering dan de goedkoopste standaardlevering, hoeft de ondernemer de bijkomende kosten voor de duurdere methode niet terug te betalen.

Artikel 10 – Uitsluiting herroepingsrecht

De ondernemer kan de navolgende producten en diensten uitsluiten van het herroepingsrecht, maar alleen als de ondernemer dit duidelijk bij het aanbod, althans tijdig voor het sluiten van de Overeenkomst, heeft vermeld:

1. Producten of diensten waarvan de prijs gebonden is aan schommelingen op de financiële markt waarop de ondernemer geen invloed heeft en die zich binnen de herroepingstermijn kunnen voordoen
2. Overeenkomsten die gesloten zijn tijdens een openbare veiling. Onder een openbare veiling wordt verstaan een verkoopmethode waarbij producten, digitale inhoud en/of diensten door de ondernemer worden aangeboden aan de consument die persoonlijk aanwezig is of de mogelijkheid krijgt persoonlijk aanwezig te zijn op de veiling, onder leiding van een veilingmeester, en waarbij de succesvolle bieder verplicht is de producten, digitale inhoud en/of diensten af te nemen;
3. Services Agreements, after full performance of the service, but only if:
4. The performance has started with the express prior consent of the consumer; and
5. The consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully executed the Agreement;
6. Services Agreements for the provision of accommodation, if the Agreement provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;
7. Agreements relating to leisure activities, if the Agreement provides for a specific date or period for their implementation;
8. Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of 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 seal has been broken after delivery;
11. Products that, by their nature, are irreversibly mixed with other products after delivery;
12. Alcoholic drinks of which the price was agreed upon when concluding the Agreement, but of which delivery can only take place after 30 days, and of which the actual value depends on fluctuations in the market over which the entrepreneur has no influence;
13. Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
14. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
15. The supply of digital content other than on a tangible medium, but only if:
16. The performance has started with the express prior consent of the consumer; and
17. The consumer has stated that he hereby loses his right of withdrawal.

 

Article 11 – The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability 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 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 right 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 Agreement and additional warranty

1. The entrepreneur guarantees that the products and/or services comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal requirements existing on the date of the conclusion of the Agreement. provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the Agreement if the entrepreneur has failed to fulfill his part of the contract. the Agreement.
3. Extra warranty means any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the Agreement.

Article 13 – Delivery and execution

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has communicated 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 expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of 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 is entitled to any compensation.
4. After dissolution 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 representative designated in advance and announced to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, termination and extension

Cancellation:

1. The consumer can terminate an Agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate an Agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and a notice period of no more than one month.
3. The consumer can enter into the Agreements referred to in the previous paragraphs:
   • Cancellation at any time and not limited to cancellation at a specific time or 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 agreed for himself.

Extension:

1. An Agreement that has been entered into for a specific period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.
2. Notwithstanding the previous paragraph, an Agreement that has been entered into for a fixed period and which extends to the regular delivery of daily newspapers and weeklies and magazines may be tacitly extended for a fixed period of up to three months, if the consumer extended Agreement may be terminated at the end of the extension with a notice period of no more than one month.
3. An Agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel 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 extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. An Agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (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 dictate against termination before the end of the agreed period. duration.

Article 15 – Payment

1. Unless otherwise provided in the Agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement. the agreement. In the case of an Agreement to provide a service, this period starts on the day after the consumer has received confirmation of the Agreement.
2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in the general terms and conditions. If advance payment has been stipulated, 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 obligation to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
4. If the consumer does not fulfill 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 fulfill his payment obligations If payment is not made within this 14-day period, statutory interest will be owed 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 may deviate from the stated amounts and percentages for the benefit 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 performance of the Agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaints form on the consumer page of the Stichting Webshop Keurmerk website (https://www.keurmerk.info/nl/consumenten/klacht/) The complaint will then be sent to both the entrepreneur in question and to the Webshop Keurmerk Foundation.
5. Webshop Keurmerk will not handle a dispute or will discontinue the handling if the entrepreneur has been granted a suspension of payments, has become bankrupt or has actually terminated its business activitiesor the webshop has been suspended by Webshop Keurmerk or expelled.
6. A dispute will only be handled by Webshop Keurmerk if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
7. No later than twelve months after the dispute has arisen, the dispute must be submitted to Webshop Keurmerk in writing.
8. It is also possible to register complaints via the European ODR platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage)

Article 17 – Disputes

1. 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 lives 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 – Changes to the general terms and conditions of Stichting Webshop Keurmerk

1. If the Webshop Keurmerk Foundation makes 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 conditions will only take 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 favorable to the consumer will prevail.

 

Address of the Webshop Quality Mark Foundation:

Willemsparkweg 193, 1071 HA  Amsterdam