These terms are largely based on the conditions of the Dutch Home shopping Organisation. These were drawn up in consultation with the Consumentenbond under the Coördinatiegroep Zelfreguleringsoverleg (CZ) of the Social Economic Council and will become effective on January 1, 2009. These terms and conditions are translated form Dutch. The original Dutch terms and condition are leading
Article 1 – Definitions
In these conditions shall apply:
1. Operator: the natural or legal person who remotes products and/or services to the consumer ;
2. Consumer means a natural person not acting in the exercise of professional or business and enters a distance contract with the entrepreneur;
3. Distance contract means an agreement under which a by the entrepreneur organized system for distance selling of products and/or services, until the closing of the agreement one or more means of distance communication are exclusively used ;
4. Technology for distance communication: means that can be used for conclude a contract without the consumer and trader have come together in the same area;
5. Withdrawal period: period during which the consumer can make use of his right of withdrawal;
6. Right of withdrawal :the option for consumers to refrain from the distance contract;
7. Day: calendar day ;
8. Extended duration transaction: a distance contract in relation to a range of products and or services, whereof supply and or purchase is spread over time;
9. Durable medium: any means that enables the consumer or entrepreneur to safe information that is addressed to him personally, in a way that makes future consultations and unchanged reproduction of the saved information possible.
1. The Terms ans Conditions apply to any offer of the he entrepreneur and any agreement reached at a distance between the entrepreneur and consumer.
2. Before distance contract is concluded, the text of these general conditions are made available to the consumer. If this is not reasonably possible, before the distance contract is closed, it will be indicated that the general conditions for entrepreneur are to be seen and at request the conditions will as quickly as possible and free of charge, be sent to the consumer.
3. If the distance contract is electronically closed, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions electronically to be made available in such a way that the consumer a simple way can be saved on a durable medium. If this is not reasonably possible, before concluding the distance contract, indicate where general conditions in electronic form can be inspected and at the request of the consumer electronically or by other means will be sent without charge.
4. In the event that besides these terms and conditions specific product or service conditions apply, the second and third paragraph shall apply and in case of conflicting terms the consumer can always rely on the applicable provision that is most advantageous for him.
Article 4 – The supply
1. If an offer has a limited period of validity or is under conditions, this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of products and or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images they are a true reflection of products and or services. Obvious mistakes in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear for the consumer what the rights and obligations are, which are attached to the accepting of the offer . This concerns in particular:
· The price is including taxes;
· the possible costs of delivery;
· how agreement will be achieved and what actions are needed for;
· whether to apply the right of withdrawal;
· the method of payment, delivery or implementation of the agreement;
· deadline for accepting of the offer, or period for the maintenance of price;
· level of the rate of distance communication if the cost of using technique of distance communication are calculated on a basis other than the basic rate;
· If the agreement after the completion is filed, how these consumers can consult;
· how it is clear for the consumer before the conclusion of agreement by him unwanted acts can get informed, and way he can recover before agreement is concluded;
· the languages in which, next to Dutch, the agreement may be concluded;
· The codes of conduct to which the trader is submitted and the way the consumer can inspect these in an electronic way ; and
· the minimum duration of the distance contract in the event of a contract that involves the continuous or periodic supply of products or services.
1. The agreement is, subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and fulfils the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receiving of the electronic acceptance of the offer. Until receiving of this acceptance has not been confirmed, the consumer may rescind the contract.
3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the operator will take appropriate security measures.
4. The entrepreneur can - within the law - inform consumers of his payment obligations, and all those facts and factors relevant to a responsible conclusion of the distance contract. If the operator under this investigation has good grounds for not concluding this contract, he is entitled to refuse an order or request, or to implementation of specific conditions.
5. The entrepreneur will with the product or service send to the consumer written or in such a way that the consumer can in an accessible manner store at a durable medium the following information:
a. the visiting address of the business of the entrepreneur where consumers can lodge complaints;
b. the conditions under which and how the consumers' withdrawal right can be exercised or a clear statement regarding the exclusion of the right of withdrawal;
c. information on existing after sale services and guarantees;
d. the information of the conditions in Article 4 paragraph 3, unless the entrepreneur already provided this information to the consumer before concluding the contract;
e. the requirements for the withdrawal of the contract if the agreement has a duration of more than one year or is of unspecified duration.
6. If the entrepreneur is committed to providing a range of products or services, the determination in the preceding paragraph shall apply only to first supply.
1. When purchasing products, the consumer has the ability to cancel the contract without giving any reason during at least fourteen days. This period starts on the day after receiving the product by or on behalf of the consumer.
2. During this period the consumer will treat the product and packaging carefully. He will only unpack the product as necessary to assess whether he would prefer to maintain the product. If he exercises his right of withdrawal he will return the product with all accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur according to reasonable information provided by the entrepreneur and clear instructions.
1. If the consumer exercises his right of withdrawal, his costs will not exceed the costs of returning the goods.
2. If the consumer has paid an amount to the entrepreneur this amount will as soon as possible but no later than 30 days after the return or cancellation be repaid.
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur when the entrepreneur submitted clearly in the offer, at least reported this in time before the conclusion of the contract .
2. Exclusion of the right of withdrawal is only possible for products:
a) that are made by the entrepreneur realized in accordance with the consumer's specifications;
b) that are clearly personalized;
c) which by their kind cannot be returned;
d) that can decay or age fast;
e) whose price depends on fluctuations in the financial market on which the entrepreneur has no influence;
f) for separate newspapers and magazines;
g) for audio and video recordings and computer software whereof the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a) concerning accommodation, transport, catering or leisure to carry out at a certain date or during a certain period;
b) of which the supply with the explicit consent of the consumer is started before the waiting period has passed;
c) on betting and lotteries.
1. During the validity period mentioned in the offer, the prices of the products and / or services will not increase, except for price changes resulting from changes in VAT tariffs.
2. Notwithstanding the preceding paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the operator has no influence on, with variable prices. These fluctuations and the fact that any listed prices are price targets, are stated at the offer.
3. Increases in the price within 3 months after the conclusion of the contract are only allowed if they result of legal regulations or provisions.
4. Increases in the price as from 3 months after the conclusion of the contract are only allowed if the entrepreneur has negotiated and:
a) these are the result of legal regulations or provisions; or
b) the consumer has the power to terminate at the date the price increase takes effect.
5. The prices of products or services listed in the offer include VAT.
1. The entrepreneur warrants that the products and / or services fulfil the contract specifications stated in the offer, the reasonable requirements of reliability and / or usefulness and the date of the conclusion of the agreement existing legal provisions and or government regulations.
2. A by the entrepreneur, manufacturer or importer as a guarantee arrangement offered does not affect the rights and claims that consumers concerning of a failure to fulfil the obligations of the entrepreneur may assert against the entrepreneur under the law and / or the distance.
1. The entrepreneur shall mind the utmost diligence in the acceptance and implementation of orders for products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in Article 4 of these terms is mentioned, the company accepted orders expeditiously but not later than 30 days, unless a longer delivery has been agreed. If delivery is delayed or if an order is not or only partly carried out, the consumer receives them no later than one month after the order was placed. Consumers in this case has the right to terminate the contract without costs and has the right for any compensation.
4. In case of dissolution in accordance with the preceding paragraph, the entrepreneur will pay back the amount the consumer has paid as soon as possible but no later than 30 days after termination.
5. If delivery of an ordered product seems impossible. the entrepreneur will make every effort to make a replacement product available . No later than the delivery will be in a clear and understandable way be mentioned that a replacement item is delivered. For replacement products the right of withdrawal cannot be excluded. The costs of returning within the Netherlands are for the account of the entrepreneur.
6. The risk of damage and / or loss of products is based until the time of delivery to the consumer on the entrepreneur. unless explicitly different was agreed.
1. The consumer can always terminate a contract which is agreed on for an indefinite period minding the applicable termination notice rules and a cancellation period with a maximum of one month.
2. A contract for a definite period has a maximum duration of two years. If it is agreed that by silence of the consumer the distance contract will be extended, the agreement will continue as a contract of indefinite duration and will the notice period after continuation of the agreement be up to one month.
1. So far as not subsequently agreed the by the consumer sums owed must be paid within fourteen days after delivery of the goods or in case of a contract to provide a service within 14 days after delivery of the relating to this agreement.
2. When selling products to consumers in general conditions never a prepayment of more than 50% will be agreed. If payment is agreed. the consumer may not assert any rights regarding the implementation of the order or service (s) before the advance payment has been made.
3. The consumer has the duty to report inaccuracies in data supplied or specified payment immediately to the entrepreneur.
4. In case of default of payment of the consumer, the entrepreneur has, subject to legal restrictions, the right to charge the consumer expressed reasonable costs.
1. The entrepreneur has a well-publicized complaints procedure and deals with complaints under the complaints procedure.
2. Complaints about the performance of the contract should within a reasonable time, fully and clearly described and submitted to the entrepreneur, after the consumer has discovered the defects.
3. By the entrepreneur submitted complaints will be, within a period of 14 days from the date of receiving, answered. If a complaint needs a longer processing time, then the entrepreneur will within the period of 14 days answer with a message of receiving and a indication when the consumer can expect a more detailed answer.