Stichting Webshop Keurmerk

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These General Terms and Conditions of Stichting Webshop Keurmerk were drawn up in consultation with the Consumers' Association within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and will take effect on June 1, 2014.

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 (Wet Financieel Toezicht) and in so far as these services are supervised by the Netherlands Authority for the Financial Markets (Autoriteit Financiële Markten).

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 trader in the event of withdrawal

Article 10 - Exclusion of right of withdrawal

Article 11 - The price

Article 12 - Fulfilment and additional warranty

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 different provisions

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

Article 1 - Definitions

For the purposes of these terms and conditions, the following definitions shall apply:

1. Ancillary contract means a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;
2. Withdrawal 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. Door-to-door contract: a contract that extends to the regular delivery of goods, services and/or digital content for a certain period of time;
7. Durable medium: every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility of the consumer to waive the distance contract within the cooling-off period;
9. Entrepreneur: The natural or legal person who is a member of Webshop Keurmerk and offers products, (access to) digital content and/or services to consumers from a distance;
10. Distance contract: a contract concluded between the trader and the consumer as part of an organized system for distance selling of products, digital content and/or services, whereby until the conclusion of the contract exclusive or partial use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
12. Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having to meet simultaneously in the same room;
    

Article 2 - Identity of the entrepreneur

Name of Entrepreneur: The Gear Shop (Buitenensportvoeding.nl, Outdoormeals.com, Outdoorsportnahrung.de
)Establishment address: Mauvestraat 28, 3331VJ, ZwijndrechtTelephone number
: 0627314598E-mail address
: [email protected]
KvK number: 60361867VAT identification number
: NL002028807B90

If the entrepreneur's activity is subject to a relevant licensing regime: the details of the supervisory authority;

If the entrepreneur is engaged in 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 granted;
• a reference to the professional rules applicable in the Netherlands and indications where and how these professional rules can be accessed

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and
2. Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the operator before the distance contract is concluded, indicate how the general conditions at the entrepreneur to see and that they, at the request of the consumer as soon as possible will be free of charge
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent free of charge to the consumer, at his request, either electronically or in another way.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply by analogy and, in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favourable to him/her.

Article 4 - The offer

1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly 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 the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products, services and / or digital Obvious mistakes or obvious errors in the offer are not binding on 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.

Article 5 - The agreement

1. The agreement comes into effect, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may conclude the contract
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may, within the limits of the law - to inform the consumer about his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
5. The entrepreneur will, at the latest upon delivery of the product, service or digital content to the consumer, the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, send:
   1. the visiting address of the trader's business establishment where the consumer can lodge complaints;
   2. The conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
   3. the information on guarantees and existing service after purchase;
   4. the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
   5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
   6. if the consumer has a right of withdrawal, the model form for
6. In the case of an enduring transaction, the provision in the previous paragraph shall apply only to the first delivery.

Article 6 - Right of withdrawal

By products:

1. The consumer can terminate a contract relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons.
2. The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, and who is not the carrier, has received the product, or:
   1. if the consumer has ordered multiple products in one order: the day the consumer or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, an order of multiple products with a different delivery time
   2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party appointed by him, received the last shipment or the last part;
   3. in case of contracts 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 not delivered on a tangible medium:

3. The consumer can terminate a service contract and a contract for delivery of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer about the reason for withdrawal, but may not make him give his reason(s).
4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the

Extended cooling-off period for products, services and digital content not supplied on a tangible medium in case of failure to inform about right of withdrawal:

5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer has received this information

Article 7 - Obligations of the consumer during the reflection period

1. During the cooling-off period the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for depreciation in the value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph
3. The consumer is not liable for any reduction in the value of the product if the trader did not provide him with all the legally required information about the right of withdrawal before or at the time of concluding the contract

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

1. If the consumer makes use of his right of withdrawal, he shall report this to the entrepreneur within the cooling-off period by means of the model form for withdrawal or in another unequivocal manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period is
3. The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that the costs are borne by himself, the consumer does not have to bear the costs of return.
6. If the consumer withdraws after first expressly requesting that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity commence during the withdrawal period, the consumer owes the entrepreneur an amount that is proportionate to that part of the commitment that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the commitment.
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or to supply district heating, if:
   1. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost compensation in the event of withdrawal or the model form for withdrawal, or;
   2. the consumer has not expressly requested the start of the performance of services or the supply of gas, water, electricity or district heating during the withdrawal period.
8. The consumer does not bear any costs for the complete or partial delivery of digital content not delivered on a tangible medium, if:
   1. he has not expressly consented, prior to delivery, to the commencement of performance of the contract before the end of the cooling-off period
   2. he has not acknowledged losing his right of withdrawal when giving his consent; or
   3. the trader has failed to acknowledge this declaration by the consumer.
9. If the consumer exercises his right of withdrawal, all supplementary contracts shall by operation of law be

Article 9 - Obligations of the trader in the event of withdrawal

1. If the trader makes it possible for the consumer to notify withdrawal electronically, he shall, upon receipt of such notification, send a
2. The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay but within 14 days following the day on which the consumer has communicated his withdrawal. Unless the trader offers to collect the product himself, he may wait to reimburse the consumer until he has received the product or until the consumer demonstrates that he has returned the product, whichever is sooner.
3. The entrepreneur will use the same means of payment that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method

Article 10 - Exclusion of right of withdrawal

The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this when making the offer, or at least in good time before concluding the contract:

1. Products or services of which the price is linked to fluctuations on the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
2. Contracts concluded during a public auction. A public auction means a method of sale in which products, digital content and/or services are offered by the entrepreneur to the consumer who is present in person or has the opportunity to be present in person at the auction, led by an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full execution of the service, but only if:
   1. the execution has started with the consumer's explicit prior consent; and
   2. the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully executed the contract;
4. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, carriage of goods, car rental services and catering;
5. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
6. Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
9. Products that after delivery are by their nature irrevocably mixed with other products;
10. Alcoholic beverages, the price of which has been agreed upon at the conclusion of the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
11. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
12. Newspapers, magazines or journals, except subscriptions thereto;
13. The delivery of digital content other than on a tangible medium, but only if:
    1. the execution has started with the consumer's explicit prior consent; and
    2. the consumer has declared that he thereby loses his right of withdrawal

Article 11 - The price

1. During the validity period mentioned 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 operator can offer products or services whose prices are linked to fluctuations in the financial market and over which the operator has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices, will be included in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
   1. they are the result of statutory regulations or provisions; or
   2. the consumer is authorized 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 12 - Fulfilment of agreement and additional guarantee

1. The entrepreneur guarantees that the products and / or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensures 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 under the contract can assert against the entrepreneur if the entrepreneur has failed to comply with his part of the
3. Extra guarantee means any commitment from the trader, his supplier, importer or producer whereby he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfil his part of the

Article 13 - Delivery and execution

1. The entrepreneur will take the utmost care in receiving and carrying out orders of products and in assessing applications for the provision of
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. Subject to what is stated in Article 4 of these General Conditions, the entrepreneur accepted orders expeditiously but not later than 30 days, unless a different delivery has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than 30 days after the order was placed. The consumer in that case has the right to terminate the contract without penalty and 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 trader up to the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly stated otherwise

Article 14 - Duration transactions: duration, termination and renewal

Notice:

1. The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, denounce the applicable termination rules and a notice not exceeding one month.
2. The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:
   • terminate at any time and not be limited to termination at any particular time or in any particular period;
   • at least terminate them in the same way as they were entered into by him;
   • always terminate them with the same notice as the entrepreneur has stipulated for himself.

Prolongation:

4. A contract entered into for a definite period of time and which is for the regular supply of products (including electricity) or services, may not be tacitly extended or renewed for a definite
5. Notwithstanding the preceding paragraph, a contract for a definite period, which extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer can terminate this renewed contract towards the end of the renewal with a notice period of up to one
6. A contract for a definite period, which extends to the regular delivery of products or services, may only be extended tacitly for an indefinite period if the consumer may terminate at any time with a notice of up to one month.
7. An agreement with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration:

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 period of up to one month, unless reasonableness and fairness dictate against termination before the end of the agreed term.
   

Article 15 - Payment

1. To the extent not otherwise provided in the contract or additional conditions, the amounts payable by the consumer should 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 contract. In case of a contract to provide a service, this period commences on the day after the consumer has received the confirmation of the agreement
2. When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. When prepayment is stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service (s) before the stipulated prepayment has taken place.
3. The consumer has the duty to immediately inform the entrepreneur of any inaccuracies in payment data provided or mentioned.
4. If the consumer does not meet his payment obligation(s) on time, he shall, after being notified by the proprietor of the late payment and after the proprietor has given the consumer a period of 14 days to meet his payment obligations as yet, owe the statutory interest on the amount due and the proprietor has the right to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2500; 10% on the following € 2500 and 5% on the following € 5000, with a minimum of € 40. The proprietor may depart from the amounts and percentages stated for the benefit of the consumer.

Article 16 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has found 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 foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
4. A complaint about a product, a service or the entrepreneur's service can also be submitted via a complaints form on the consumer page of the website of Stichting Webshop Keurmerk (http://keurmerk.info/Home/MisbruikOfKlacht). The complaint is then sent both to the entrepreneur in question and to Stichting Webshop Keurmerk.
5. If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 months after the complaint was filed, a dispute arises that is subject to the dispute resolution procedure.
   

Article 17 - Disputes

1. On contracts between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies
2. Disputes between the Consumer and the Entrepreneur about the formation or the performance of contracts related to products or services to be delivered or that have been delivered by this Entrepreneur can be submitted with the Geschillencommissie Webshop, Postbus 90600, 2509 LP in The Hague(sgc.nl) with due observance of the provisions set out below.
3. A dispute will only be taken into consideration by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable period of time.
4. No later than twelve months after the dispute arose, the dispute must be submitted in writing to the Disputes Committee.
5. When the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound to this choice. When the entrepreneur wants to do that, the consumer will have to speak out in writing, within five weeks after a written request made by the entrepreneur, 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 period of five weeks, then the entrepreneur has the right to submit the dispute to the competent court.
6. The Disputes Committee pronounces its judgment under the conditions as set out in the regulations of the Disputes Committee(http://www.degeschillencommissie.nl/over-ons/de- commissions/2701/webshop). The decisions of the Disputes Committee are made by way of a binding opinion.
7. The Disputes Committee will not deal with a dispute or will terminate the proceedings if the entrepreneur has been granted a suspension of payments, has 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 recognized arbitration board or one affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, the Geschillencommissie Stichting Webshop Keurmerk shall have preference for disputes concerning mainly the method of distance selling or the provision of services.
   
   

Article 18 - Industry Guarantee

1. Stichting Webshop Keurmerk guarantees the fulfilment of the binding advice of the Disputes Committee Webshop Keurmerk by its members unless the member decides to submit the binding opinion within two months after the binding opinion was sent for review to the court. This guarantee revives if the binding opinion after review by the court has been maintained and the judgment which shows this 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 larger sum, Webshop Keurmerk has an obligation to try to ensure that the member complies with the binding opinion.
2. For the purposes of this guarantee it is required that consumers submit a written appeal to Webshop Keurmerk and that they hand over their claim on the entrepreneur to Webshop Keurmerk. If the claim on the entrepreneur exceeds €10,000,- it will be offered to consumers to the extent that the claim in excess of €10,000,- will be transferred to Stichting Webshop Keurmerk, who will in its own name and costs shall try to get payment and fulfilment of these rights to the consumer.

Article 19 - Additional or different provisions

Additional provisions or provisions that deviate from these general conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.

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

1. Stichting Webshop Keurmerk will not change these General Terms and Conditions without consultation with the Consumentenbond.
2. Amendments to these terms and conditions shall take effect only after they have been published in an appropriate manner, on the understanding that, in the event of applicable amendments during the term of an offer, the provision most favourable to the consumer shall be the one

Address Webshop Keurmerk: Willemsparkweg 193, 1071 HA Amsterdam