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Terms and Conditions

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 Reflection Period
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
Article 9 – Obligations of the Entrepreneur in Case of Withdrawal
Article 10 – Exclusion of the Right of Withdrawal
Article 11 – The Price
Article 12 – Performance and Additional Guarantee
Article 13 – Delivery and Execution
Article 14 – Duration Transactions: Duration, Termination and Renewal
Article 15 – Payment
Article 16 – Complaints Procedure
Article 17 – Disputes
Article 18 – Industry Guarantee
Article 19 – Additional or Deviating Provisions
Article 20 – Amendment to the General Terms and Conditions of Stichting Webshop Keurmerk

Article 1 – Definitions

Customer: any natural or legal person acting in the course of a profession or business who purchases products/services from the Entrepreneur.
Ongoing Contract: a contract with periodic delivery of products/services.
Distance Agreement: an agreement concluded via digital communication.
Account: a personal profile on the Entrepreneur’s website, required for access to price information and placing orders.
Model Form: form for return requests, available through the account.

Article 2 – Identity of the Entrepreneur

World Trade Solution VOF
Delistraat 18, 2022 ZB Haarlem, The Netherlands
Phone: +31 (0)23 526 8968
Email: [email protected]
Chamber of Commerce (KVK): 65403649
VAT Number: NL856098723B01
IBAN: NL22RABO0138636133

Article 3 – Applicability

These terms and conditions apply to all offers, quotations, deliveries, and agreements from the Entrepreneur.
Deviations are only valid if agreed upon in writing.

Article 4 – Use of Website and Account

Customers must create an account to use services. Only business users over 18 years are eligible.
Customers are responsible for secure use of their account and must update their details in a timely manner.
The Entrepreneur may deactivate accounts at any time without providing a reason.
Personal data is processed in accordance with applicable privacy legislation (GDPR). For more information, refer to our privacy statement.

Article 5 – The Offer

All offers are non-binding.
Information about products, such as prices and stock status (“out of stock,” “backorder,” “preorder”), is indicative.
The Entrepreneur reserves the right to amend offers at any time.

Article 6 – Right of Withdrawal

For Products: The consumer may dissolve an agreement regarding the purchase of a product within a reflection period of at least 14 days without stating reasons. The entrepreneur may ask the consumer about the reason for withdrawal but may not require a reason. The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer (not the carrier), has received the product, or:

  • if the consumer ordered several products in one order: the day on which the consumer or a third party received the last product;
  • if the delivery of a product consists of several shipments or parts: the day on which the consumer or a third party received the last shipment or part;
  • in the case of an agreement for regular delivery of products during a certain period: the day on which the consumer or a third party received the first product.

For Services and Digital Content Not Supplied on a Tangible Medium: The consumer may dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium within 14 days without stating reasons. The entrepreneur may ask the consumer about the reason but may not require it. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended Reflection Period Due to Omission of Information: If the entrepreneur has not provided the legally required information about the right of withdrawal or the model withdrawal form, the reflection period ends 12 months after the original period ends. If the entrepreneur provides this information within 12 months, the reflection period expires 14 days after the consumer receives the information.

Article 7 – Obligations of the Consumer During the Reflection Period

During the reflection period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to establish its nature, characteristics, and functioning. The starting point is that the consumer may only handle and inspect the product as he would be allowed in a store. The consumer is only liable for any diminished value of the product resulting from handling it in a way that goes beyond what is permitted in paragraph 1. The consumer is not liable for any diminished value if the entrepreneur did not provide the legally required information about the right of withdrawal before or at the time the contract was concluded.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the reflection period using the model withdrawal form or another unequivocal method. As soon as possible, but no later than 14 days from the notification, the consumer shall return the product or hand it over to the entrepreneur or an authorized representative. This is not required if the entrepreneur has offered to collect the product. The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and according to reasonable and clear instructions provided by the entrepreneur. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer. The consumer bears the direct cost of returning the product, unless the entrepreneur has not informed the consumer that he must bear these costs or the entrepreneur agrees to bear them. If the consumer withdraws after explicitly requesting that the service begins during the reflection period, the consumer owes an amount proportional to the part of the service provided. The consumer shall not bear any costs for:

  • the performance of services or supply of water, gas, or electricity that was not prepared for sale in a limited volume or quantity;
  • the full or partial supply of digital content not provided on a tangible medium, if:
    • the consumer did not explicitly consent to early performance;
    • the consumer did not acknowledge losing his right of withdrawal;
    • or the entrepreneur failed to confirm this statement. If the consumer exercises his right of withdrawal, all additional agreements are automatically terminated.

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

If the entrepreneur enables the consumer to withdraw electronically, he shall send an acknowledgment of receipt without delay. The entrepreneur shall reimburse all payments made by the consumer, including delivery costs (if applicable), without undue delay and no later than 14 days after the withdrawal notification. Unless the entrepreneur offers to collect the product, he may wait until he has received the product or the consumer proves that he has returned it. The entrepreneur uses the same payment method as the consumer used, unless agreed otherwise. Reimbursement is free of charge for the consumer. If the consumer chose a more expensive delivery method than the standard one, the entrepreneur is not obliged to refund the additional cost.

Article 10 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the following from the right of withdrawal, provided this was clearly stated before the contract:

  • Products or services whose prices are subject to fluctuations in the financial market beyond the entrepreneur’s control;
  • Agreements concluded at a public auction;
  • Service contracts after full performance, if:
    • the service started with the consumer’s explicit prior consent; and
    • the consumer acknowledged losing his right of withdrawal;
  • Contracts for accommodation, transport, car rental, catering, or leisure activities with a specific date or period;
  • Products made to the consumer’s specifications or clearly personalized;
  • Products that deteriorate quickly or have a limited shelf life;
  • Sealed products that are not suitable for return for health or hygiene reasons and were unsealed after delivery;
  • Products that are, after delivery, inseparably mixed with other items;
  • Alcoholic beverages with a price agreed upon at the time of purchase but deliverable only after 30 days and whose value depends on market fluctuations;
  • Sealed audio/video recordings and software once unsealed;
  • Newspapers, magazines, or journals, except for subscriptions;
  • Digital content not supplied on a tangible medium, if:
    • the consumer consented to early performance; and
    • acknowledged loss of the right of withdrawal.

Article 11 – The Price

During the validity period stated in the offer, prices of products and/or services will not increase, except for VAT changes. In deviation, prices for products or services subject to market fluctuations may vary. This will be stated in the offer. Price increases within 3 months are only allowed if due to legislation or regulations. Price increases after 3 months are allowed only if stipulated and the consumer has the right to terminate the agreement. Prices include VAT.

Article 12 – Performance and Additional Guarantee

The entrepreneur ensures that products and/or services comply with the contract, specifications in the offer, reasonable usability, legal requirements, and government regulations. An additional guarantee never limits the consumer's legal rights. An additional guarantee is any commitment where the entrepreneur grants rights beyond legal obligations.

Article 13 – Delivery and Execution

The entrepreneur shall handle product orders and service requests with care. Delivery takes place at the address provided by the consumer. With due observance of Article 4, delivery will take place within 30 days unless agreed otherwise. If delayed, the consumer will be informed within 30 days and may cancel the contract. Upon cancellation, the entrepreneur will refund the amount paid by the consumer promptly. The risk of damage or loss lies with the entrepreneur until delivery, unless agreed otherwise.

Article 14 – Duration Transactions: Duration, Termination, and Renewal

Termination: The consumer may terminate ongoing contracts at any time with due observance of termination rules and a notice period of no more than one month. The consumer may also terminate fixed-term contracts at the end of the term, respecting the same notice period. Termination can occur:

  • at any time without restriction;
  • in the same manner as the contract was entered into;
  • with the same notice period as the entrepreneur uses.

Renewal: Fixed-term contracts may not be tacitly renewed, except for:

  • newspaper/magazine subscriptions extended up to three months;
  • ongoing contracts that may be terminated at any time with a one-month notice period (or three months for low-frequency publications). Trial subscriptions are not renewed automatically.

Duration: Contracts longer than one year may be terminated after one year with a notice period of up to one month.

Article 15 – Payment

Unless otherwise agreed, payments must be made within 14 days of the start of the reflection period or contract conclusion. For product sales, advance payments exceeding 50% may not be required. If a prepayment is agreed, the consumer may not assert any rights until it has been made. The consumer must report incorrect payment details without delay. If payment is late, and the entrepreneur reminds the consumer and allows 14 days to pay, interest and collection costs may apply. Collection costs:

  • 15% on amounts up to €2,500;
  • 10% on the next €2,500;
  • 5% on the next €5,000 (minimum €40). The entrepreneur may charge less to benefit the consumer.

Article 16 – Complaints Procedure

The entrepreneur has a complaints procedure and handles complaints accordingly. Complaints must be submitted promptly and clearly after defects are discovered. Complaints will be answered within 14 days. If longer processing is needed, the consumer will receive an acknowledgment and timeframe. Complaints may also be submitted via the Stichting Webshop Keurmerk website. If a complaint cannot be resolved within 3 months, it becomes a dispute subject to the dispute procedure.

Article 17 – Disputes

Dutch law applies exclusively to agreements. Disputes may be submitted to the Webshop Disputes Committee in The Hague by either party. The consumer must first submit the complaint to the entrepreneur. Disputes must be submitted within 12 months of arising. If the consumer wishes to go to the Disputes Committee, the entrepreneur must comply. If the entrepreneur initiates, the consumer must respond within 5 weeks or the entrepreneur may go to court. The committee's decision is binding and based on its regulations. The committee will not process disputes if the entrepreneur is bankrupt or under suspension of payment. If another SGC or Kifid-recognized committee is competent, the Webshop Keurmerk committee has preference for distance selling disputes.

Article 18 – Industry Guarantee

Stichting Webshop Keurmerk guarantees compliance with binding rulings by its members unless appealed in court. If confirmed by court, Stichting pays up to €10,000 per decision. If higher, it seeks compliance from the member. Consumers must submit a written claim and assign the receivable to Stichting Webshop Keurmerk.

Article 19 – Additional or Deviating Provisions

These must not disadvantage the consumer and must be documented accessibly.

Article 20 – Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk

Amendments are made in consultation with the Consumers’ Association. Amendments apply only after publication. The most favorable clause for the consumer prevails during an ongoing offer.

 

 
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