General terms and conditions Stichting Webshop Keurmerk
These General Terms and Conditions of Stichting Webshop Keurmerk have been written in consultation with the Consumentenbond and NTO within the framework of the Coordination Group Self-Regulation Consultation (CZ) of the Social and Economic Council and will come into force for Stichting Webshop Keurmerk on 1 July 2012.
These General Terms and Conditions shall be used by all members of Stichting Webshop Keurmerk with the exception of financial services as referred to in the Financial Supervision Act and in so far as these services are supervised by the Netherlands Authority for the Financial Markets.
ARTICLE 1 - Definitions
ARTICLE 2 - Identity of the entrepreneur
ARTICLE 3 – Applicability
ARTICLE 4 - The offers
ARTICLE 5 - The agreement
ARTICLE 6 – Right of withdrawal
ARTICLE 7 - Costs in case of withdrawal
ARTICLE 8 - Exclusion of right of withdrawal
ARTICLE 9 - The price
ARTICLE 10 - Conformity and warranty
ARTICLE 11 - Delivery and execution
ARTICLE 12 - Duration transactions, termination and renewal
ARTICLE 13 – Payment
ARTICLE 14 – Complaints procedure
ARTICLE 15 - Disputes
ARTICLE 16 – Branch guarantee
ARTICLE 17 - Additional or different provisions
ARTICLE 18 - Modification of general terms and conditions
Stichting Webshop Keurmerk
ARTICLE 1 - Definitions
In these terms and conditions, the following definitions shall apply:
- Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products and/or services to consumers from a distance;
- Distance contract: an agreement where, in the context of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
- Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
K.v.K. nr. 17.08.08.38
VAT identification number NL 001907037B01
ABN Amro bank account number 126.96.36.1992
ARTICLE 3 – APPLICABILITY
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
2. Before the remote agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.
ARTICLE 4 - THE OFFER
1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
- the price including taxes;
- the possible costs of delivery
- the way in which the agreement will be
and which actions are necessary for this;
- whether or not the right of withdrawal is applicable;
- the method of payment, delivery and performance of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the height of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
- whether the agreement is archived after its conclusion, and if so in which manner in which it can be consulted by the consumer;
- the manner in which the consumer, before concluding the contract, can check and, if desired, rectify the data provided by him under the contract;
- any languages other than Dutch in which the contract can be concluded;
- the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in case of an extended transaction.
ARTICLE 5 - THE AGREEMENT
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3.If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, while stating reasons.
5. The entrepreneur shall send the consumer the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions on which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information on guarantees and existing after-sales service;
d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the implementation of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
On delivery of products:
1 When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 30 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
On delivery of services:
3. In case of delivery of services, the consumer has the possibility to dissolve the agreement without giving reasons for at least fourteen days, starting on the day of entering into the agreement.
4. In order to make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.
ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL
1. If the consumer exercises his right of withdrawal, at most the costs of return shipment shall be at his expense.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
ARTICLE 8 - EXCLUSION OF RIGHT OF WITHDRAWAL
1. The entrepreneur can exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader clearly stated this in the offer, at least in time for the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that were created by the entrepreneur in accordance with specifications of the
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that spoil or age quickly;
e. whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
f. for single newspapers and magazines;
g. for audio- and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
b. whose delivery has started with the consumer's express consent before the cooling-off period has expired;
c. relating to betting and lotteries.
ARTICLE 9 - THE PRICE
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices shall be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated them and:
a. they are the result of legal regulations or stipulations; or
b. the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
ARTICLE 10 - CONFORMITY AND WARRANTY
1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the trader under the contract.
ARTICLE 11 - DELIVERY AND EXECUTION
1. The entrepreneur will take the greatest possible care when receiving and executing orders of products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only be partially carried out, the consumer shall be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. Upon delivery at the latest, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
6. 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 made known to the entrepreneur, unless explicitly agreed otherwise.
ARTICLE 12 - DURATION TRANSACTIONS, TERMINATION AND RENEWAL
1. The consumer may terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services at any time, subject to agreed termination rules and a notice period not exceeding one month.
2. The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term in accordance with the applicable termination rules and a period of notice that does not exceed one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:
- terminate at any time and not be limited to termination at a specific time or during a specific period;
- at least terminate them in the same way as they were entered into by him;
- always terminate with the same notice period as the entrepreneur has stipulated for himself.
4.A fixed-term contract that has been concluded for the regular
delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed term.
5.Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.
6. A fixed-term contract that has been concluded for the regular delivery of products or services may only be automatically prolonged for an indefinite period of time if the consumer may terminate the contract at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in case the contract is concluded for the regular delivery, but less than once a month, of daily or weekly newspapers and magazines.
7.An agreement with a limited duration for the regular supply of daily or weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
8. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
ARTICLE 13 - PAYMENT
1. Unless otherwise agreed, the amounts owed by the consumer shall be paid within 14 days after the start of the reflection period referred to in Article 6(1). In case of an agreement to provide a service, this period commences after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
4. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
ARTICLE 14 - COMPLAINTS PROCEDURE
1. The entrepreneur shall have a sufficiently publicised complaints procedure and shall handle the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur shall 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 the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the Entrepreneur's service can also be submitted via a complaint form on the website of Stichting Webshop Keurmerk www.keurmerk.info. The complaint will then be sent both to the Entrepreneur in question and to Stichting Webshop Keurmerk.
5. If the complaint cannot be solved by mutual agreement a dispute arises that is open to the dispute settlement procedure.
ARTICLE 15 - DISCLOSURES
1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
2. Disputes between the Consumer and the Entrepreneur about the formation or execution of contracts related to products and services to be delivered or that have been delivered by this Entrepreneur can, with due observance of the provisions below
both the Consumer and the Entrepreneur can submit a dispute to the Geschillencommissie Webshop, Postbus 90600, 2509 LP in The Hague (www.sgc.nl).
3. A dispute will only be handled by the Geschillencommissie if the consumer has first submitted his/her complaint to the entrepreneur within a reasonable period.
4. Within three months after the dispute arose, the dispute should be submitted in writing to the Disputes Committee.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. When the entrepreneur wants to do so, the consumer shall, within five weeks after a written request made by the entrepreneur, express in writing whether he so desires or wants the dispute to be dealt with by the competent court. If the entrepreneur does not hear the consumer's choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee pronounces judgment under the conditions as laid down in the regulations of the Disputes Committee. The decisions of the Dispute Commission are made by way of a binding advice.
7. The Disputes Committee will not deal with a dispute or will discontinue its proceedings if the trader has been granted a suspension of payments, gone bankrupt or has actually terminated his business activities before a dispute has been dealt with by the committee at the session and a final ruling has been issued.
8. If, in addition to the Geschillencommissie Webshop, another dispute committee recognised by or affiliated to the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, the Geschillencommissie Webshop has exclusive competence for disputes mainly concerning the method of distance selling or provision of services. For all other disputes, the other dispute committee recognised by SGC or affiliated with Kifid.
ARTICLE 16 - INDUSTRY GUARANTEE
1. Webshop Keurmerk guarantees the fulfilment of the binding advice of the Disputes Committee Webshop by its members unless the member decides to submit the binding opinion to the court for review within two months after it has been sent. This guarantee revives if the binding opinion is upheld after review by the court and the judgement from which this is evident has become final. Up to an amount of €10,000,- per binding opinion, this amount will be paid to the consumer by Webshop Keurmerk. For amounts greater than €10,000,- per binding opinion, €10,000,- will be paid. For the excess, Webshop Keurmerk has a best-efforts obligation to ensure that the member complies with the binding opinion.
2. The application of this guarantee requires the consumer to submit a written appeal to Stichting Webshop Keurmerk and to transfer the claim on the entrepreneur to Stichting Webshop Keurmerk. If the claim on the entrepreneur exceeds €10,000,-, the consumer will be offered to transfer his claim to the extent that it exceeds the amount of €10,000,- to the Stichting Webshop Keurmerk, who will in its own name and costs will claim the payment thereof in court to satisfy the consumer.
ARTICLE 17 - ADDITIONAL OR DIFFERENT PROVISIONS
Additional provisions or 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 by the consumer in an accessible manner on a durable data carrier.
ARTICLE 18 - AMENDMENT TO THE GENERAL TERMS AND CONDITIONS WEBSHOP KEURMERK
1. Stichting Webshop Keurmerk will not change these General Terms and Conditions other than in consultation with the Consumers' Association.
2. Amendments to these General Terms and Conditions will only be valid after they have been published in an appropriate way, provided that, in the case of applicable amendments during the term of an offer, the provision that is most favourable to the Consumer shall prevail.
Adres Stichting Webshop Keurmerk:
Willemsparkweg 193, 1071 HA Amsterdam
Privacy statement Hoii.nl
17 augustus 2021
Your privacy is of great importance to Hoii. We therefore adhere to the Privacy Act. This means that we:
- Clearly define our purposes before we process your personal data, through this privacy statement.
-Store as little personal data as possible and only the data necessary for our purposes.
- Explicitly request permission to process your personal data, should permission be required.
- Take necessary security measures to protect your personal data. We also impose these obligations on parties processing personal data for us.
- Respect your rights, such as the right to access, correct or delete your personal data processed with us.
Your data is safe with us and we will always use it properly. In this privacy statement, we explain everything we do at the web shop Hoii with information we learn about you. If you have any questions, or want to know exactly what we store about you, please contact Hoii.
When you place an order with us, we use your personal data to process it properly. We keep you informed about the status of your order by e-mail. You can always unsubscribe in the e-mail, but then we can no longer keep you informed about the status of the order. To receive these status e-mails again, you can subscribe here. We may give your personal data to our delivery service to have the order delivered to you. We also receive information about your payment from your bank or credit card company.
For this we use your payment details, billing address, date of birth, telephone number, gender, name and address. We need these because of the contract we conclude with you. We keep this information until your order is completed. We keep certain customer data for longer in connection with the statutory tax retention obligation.
Provision to third parties
We cooperate with certain companies, which may receive your personal data mentioned above from us.
For the handling of orders, we cooperate with:
- Our postal company PostNL
- Our payment provider MOLLIE
Statistics and profiling
We keep statistics on the use of our web shop. With these statistics, we improve our web shop in order to show only relevant information, for example. We may combine your personal data to find out more about you. Of course, we will respect your privacy at all times. If you do not want this, you can always inform us. We use your IP address for this purpose. We do this based on your consent. We save this information for 26 months.
Contact form and Newsletter
The contact form allows you to ask us questions or make requests.
To do this, we use your telephone number, e-mail address and name and address details. We need these because of the contract we conclude with you. We keep this information until we are sure you are satisfied with our response and for six months afterwards. This allows us to easily grab the information in case of follow-up questions. It also allows us to train our customer service to become even better.
You can subscribe to our newsletter. It contains news, tips and information about our products and services. You can unsubscribe at any time. Every newsletter contains an unsubscribe link. You can also pass this on via your account. Your e-mail address will only be added to the list of subscribers with your permission. This data is kept for three months after you have cancelled the subscription.
Certain parts of our web shop require you to register first. You must then provide information about yourself and choose a user name. We use this to create an account where you can log in with this user name and a password of your choice.
To do this, we use your telephone number, name and address, e-mail address, date of birth and gender. We need these because of the contract we conclude with you. We keep this information for six months after you cancel your account.
We keep this information so you don't have to fill it in again and again, and so we can contact you more easily when needed at the web shop. You can edit information through your account whenever you want.
We would like to send you advertising about offers and new products or services. We do this:
- by e-mail
- via social media
You can object to this advertising at any time. Each e-mail contains an unsubscribe link. You can block us or use the unsubscribe option. Through your account, you can also communicate this.
Our web shop displays general advertisements. In doing so, we do not keep any personal data, so we do not find out whether you like them.
Disclosure to other companies or institutions
We use the services of Truspilot. Trustpilot.com is a review website where consumers leave their opinions about our website. Trustpilot receives your e-mail address and order number from us, after which you receive an invitation to share your opinion. This is very valuable to us and other consumers. You are not obliged to share your opinion. You can unsubscribe from Trustpilot invitations at any time. You will then no longer receive e-mails from Trustpilot.com.
With the exception of the partners mentioned above, we do not give your personal data to other companies or institutions under any circumstances, except if we are legally obliged to do so (e.g. if the police demand it in case of suspected crime).
We keep statistics on the use of our web shop. Our webshop contains social media buttons. With these, the operators of these services collect your personal data.
We use Google Analytics to track how visitors use our webshop. We have concluded a processing agreement with Google. This contains strict agreements on what they are allowed to track. We allow Google to use the Analytics information obtained for other Google services. We do not allow Google to anonymise IP addresses.
Personal data security is of great importance to us. To protect your privacy, we take the following measures:
Access to personal data is protected by a user name and password- Once received, the data is stored in a separate, protected system- We use secure connections (Secure Sockets Layer or SSL) that protect all information between you and our website when you enter personal data
Changes to this privacy statement
When our online shop changes, we naturally have to update the privacy statement as well. So always note the date above and check regularly for new versions. We will do our best to announce changes separately as well.
Inspection, modification and deletion of your data
If you have any questions or want to know what personal data we hold about you, you can always contact us. Please see the contact details below.
You have the following rights:
- Get an explanation of what personal data we hold and what we do with it .
-To inspect the exact personal data we hold.
- To have errors corrected.
- To have outdated personal data deleted.
- Withdrawing consent.
- Objecting to a particular use.
Please ensure that you always clearly identify who you are, so that we can be sure we do not amend or delete data belonging to the wrong person.
Filing a complaint
If you feel we are not helping you in the right way, you have the right to file a complaint with the regulator. This is called the Personal Data Authority.
5704 RC Helmond
No rights can be derived from the information provided on the website.
Hoii.nl accepts no liability whatsoever for direct or indirect damage resulting from the use of the website or from information made available via the website. As a recipient of our information, you are solely responsible for your choice and use of our information.