General terms and conditions

General Terms and Conditions of Webshop Keurmerk Foundation

These General Terms and Conditions of the Webshop Keurmerk Foundation were established in consultation with the Consumers' Association within the framework of the Coordination Group for Self-Regulation (CZ) of the Social and Economic Council and came 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 defined by the Financial Supervision Act and as far as these services are supervised by the Authority for Financial Markets.

Table of Contents:

Definitions
Identity of the Entrepreneur
Applicability
The Offer
The Agreement
Right of Withdrawal
Consumer Obligations During the Cooling-Off Period
Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
Entrepreneur’s Obligations in Case of Withdrawal
Exclusion of the Right of Withdrawal
The Price
Compliance and Additional Guarantee
Delivery and Execution
Ongoing Transactions: Duration, Cancellation, and Extension
Payment
Complaints Procedure
Disputes
Industry Guarantee
Additional or Deviating Provisions
Changes to the General Terms and Conditions of the Webshop Keurmerk Foundation

Article 1 – Definitions

In these conditions, the following definitions apply:

Supplementary Agreement: An agreement where 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 entrepreneur or by a third party based on an agreement between the third party and the entrepreneur.
Cooling-Off Period: The period during which the consumer can exercise their right of withdrawal.
Consumer: The natural person who is not acting for purposes related to their trade, business, craft, or profession.
Day: Calendar day.
Digital Content: Data that is produced and supplied in digital form.
Ongoing Agreement: An agreement aimed at the regular supply of goods, services, and/or digital content for a certain period.
Durable Medium: Any tool that enables the consumer or entrepreneur to store information addressed to them personally in a way that makes future consultation or use possible for a period aligned with the purpose of the information, and that allows unchanged reproduction of the stored information.
Right of Withdrawal: The possibility for the consumer to renounce the distance contract within the cooling-off period.
Entrepreneur: The natural or legal person who is a member of the Webshop Keurmerk Foundation and offers products, (access to) digital content, and/or services remotely to consumers.
Distance Contract: An agreement concluded between the entrepreneur and the consumer in the context of an organized system for remote selling of products, digital content, and/or services, whereby exclusive or partial use is made of one or more techniques for distance communication up to and including the conclusion of the agreement.
Model Withdrawal Form: The European model withdrawal form included in Annex I of these terms and conditions.
Technique for Distance Communication: Means that can be used to conclude an agreement, without the consumer and entrepreneur needing to be together in the same place at the same time.

Article 2 – Identity of the Entrepreneur

Name of the entrepreneur: Pracht.nl
Business address: Oudegracht 133, Utrecht
Phone number: 030-2300617
Email address: info@pracht.nl
Chamber of Commerce number: 30074466
VAT number: NL 808993446B01

Article 3 – Applicability

These general terms and conditions apply to any offer from the entrepreneur and to any distance contract concluded between the entrepreneur and the consumer.
Before the distance contract 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 contract is concluded, how the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
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 terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer may invoke the applicable provision that is most favorable to them.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer includes 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 representation of the products, services, and/or digital content offered. Apparent mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
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 secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may – within legal frameworks – investigate whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
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 the consumer can store it in an accessible manner on a durable medium: a. The address of the entrepreneur’s business where the consumer can submit complaints; b. The conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. The information on warranties and existing after-sales services; d. The price, including all taxes of the product, service, or digital content; any applicable delivery costs; and the method of payment, delivery, or performance of the distance contract; e. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration; f. If the consumer has a right of withdrawal, the model withdrawal form.
In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

For products:

The consumer can terminate an agreement relating to the purchase of a product during a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige them to state their reason(s).
The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, receives the product, or: a. If the consumer ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, receives the last product. The entrepreneur may, provided they have clearly informed the consumer prior to the ordering process, refuse an order of multiple products with different delivery times. b. If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by the consumer, receives the last shipment or the last part. c. For agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by the consumer, receives the first product.

For services and digital content not delivered on a tangible medium:

The consumer can terminate a service agreement and an agreement for the supply of digital content not delivered on a tangible medium during at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but not oblige them to state their reason(s).
The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
An extended reflection period for products, services, and digital content not delivered on a tangible medium if the consumer is not informed about the right of withdrawal: a. If the entrepreneur has not provided the legally required information about the right of withdrawal or the model withdrawal form, the reflection period ends twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
If the entrepreneur provided the information referred to in the previous paragraph within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 7 – Consumer Obligations During the Cooling-Off Period

During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
The consumer is only liable for the depreciation of the product that results from a way of handling the product beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before or at the conclusion of the agreement.

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

If the consumer exercises their right of withdrawal, they must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product, or hand it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product themselves. The consumer has complied with the return period if they return the product before the cooling-off period has expired.
The consumer must return the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the 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 lie with the consumer.
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 they will bear the costs themselves, the consumer does not have to pay the return costs.
If the consumer withdraws after having expressly requested that the performance of the service or the supply of gas, water, or electricity not ready for sale in a limited volume or quantity start during the cooling-off period, the consumer must pay the entrepreneur an amount proportionate to the part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to full performance of the obligation.
The consumer does not bear any costs for the performance of services or the supply of water, gas, or electricity that are not ready for sale in a limited volume or quantity, or for the supply of district heating, if: a. The entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in case of withdrawal, or the model withdrawal form; or b. The consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity, or district heating during the cooling-off period.
The consumer does not bear any costs for the full or partial supply of digital content not supplied on a tangible medium if: a. They did not expressly consent to the commencement of the performance of the agreement before the end of the cooling-off period; b. They did not acknowledge that they lose their right of withdrawal by giving consent; or c. The entrepreneur failed to confirm this statement by the consumer.
If the consumer exercises their right of withdrawal, any supplementary agreements will be dissolved by operation of law.

Article 9 – Entrepreneur’s Obligations in Case of Withdrawal

If the entrepreneur enables the notification of withdrawal by the consumer electronically, they will promptly send a confirmation of receipt after receiving this notification.
The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay and within 14 days following the day on which the consumer notifies the entrepreneur of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to refund the consumer until they have received the product or until the consumer provides proof that they have returned the product, whichever comes first.
The entrepreneur will use the same means of payment that the consumer used for reimbursement, unless the consumer agrees to another method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs for the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this at the time of the offer, or at least in time before concluding the agreement:

Products or services whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, led by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
Service agreements, after full performance of the service, but only if: a. The performance has begun with the consumer’s prior express consent; and b. The consumer has acknowledged that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;
Service agreements for the provision of accommodation, if the agreement specifies a specific date or period of performance, other than for residential purposes, goods transport, car rental services, and catering;
Agreements related to leisure activities, if the agreement specifies a specific date or period of performance;
Products made to the consumer’s specifications, which are not prefabricated and made based on an individual choice or decision of the consumer, or products that are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that are irrevocably mixed with other products after delivery by their nature;
Alcoholic beverages whose price was agreed upon at the conclusion of the agreement but whose delivery can only take place after 30 days and whose actual value depends on market fluctuations over which the entrepreneur has no control;
Sealed audio, video recordings, and computer software whose seal has been broken after delivery;
Newspapers, magazines, or periodicals, except for subscriptions to them;
The delivery of digital content other than on a tangible medium, but only if: a. The performance has begun with the consumer’s prior express consent; and b. The consumer has acknowledged that they lose their right of withdrawal.

Article 11 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no control at variable prices. These price fluctuations and the fact that any prices stated are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: a. They are the result of statutory regulations or provisions; or b. The consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.

Article 12 – Compliance with the Agreement and Additional Guarantee

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 provisions and/or government regulations that exist on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the entrepreneur, their supplier, manufacturer, or importer will never limit the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur fails to fulfill their part of the agreement.
An additional guarantee is understood to mean any commitment by the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally required to do in case they fail to fulfill their part of the agreement.

Article 13 – Delivery and Execution

The entrepreneur will take the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has provided to the entrepreneur.
With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed of this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the agreement without any costs and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Ongoing Transactions: Duration, Cancellation, and Extension

Cancellation:

The consumer may cancel an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, with due observance of the agreed cancellation rules and a notice period of no more than one month.
The consumer may cancel an agreement that has been concluded 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, with due observance of the agreed cancellation rules and a notice period of no more than one month.
The consumer may, in the agreements mentioned in the previous paragraphs:
- Cancel at any time and not be limited to cancellation at a specific time or in a specific period;
- Cancel in the same way as the agreements were concluded;
- Always cancel with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may not be automatically extended or renewed for a fixed term.
Contrary to the previous paragraph, an agreement that has been concluded for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a fixed term of up to three months, if the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month.
An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month, and a notice period of no more than three months in case the agreement extends to the regular but less than once-a-month delivery of daily, news, and weekly newspapers and magazines.
A fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscriptions) will not be automatically continued and will end automatically after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise in case of premature cancellation.

Article 15 – Payment

Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or if there is no cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this term starts the day after the consumer receives the confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged in the general terms and conditions to pay more than 50% in advance. If an advance payment is stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
If the consumer fails to meet their payment obligation(s) in time, and the entrepreneur has informed the consumer of the late payment and has given the consumer a period of 14 days to still fulfill their payment obligations, after failing to make payment within this 14-day period, the consumer owes statutory interest on the amount due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the subsequent €2,500, and 5% on the following €5,000 with a minimum of €40. The entrepreneur may deviate from the stated amounts and percentages in favor of the consumer.

Article 16 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
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.
The entrepreneur responds to complaints within 14 days from the date of receipt. If a complaint requires a foreseeable 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.
A complaint about a product, service, or the service of the entrepreneur can also be submitted via the complaints form on the consumer page of the Stichting Webshop Keurmerk website (http://keurmerk.info/Home/MisbruikOfKlacht). The complaint will then be sent to both the relevant entrepreneur and Stichting Webshop Keurmerk.
If the complaint cannot be resolved in mutual consultation within a reasonable period or within 3 months after the complaint is submitted, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
Disputes between the consumer and the entrepreneur regarding the conclusion or execution of agreements related to products or services to be delivered or provided by this entrepreneur can be submitted to the Webshop Disputes Committee, PO Box 90600, 2509 LP, The Hague (www.sgc.nl), with due observance of the following conditions.
A dispute will only be handled by the Disputes Committee if the consumer has first submitted the complaint to the entrepreneur within a reasonable time.
The dispute must be submitted to the Disputes Committee in writing no later than three months after the dispute arises.
When 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 must express in writing within five weeks whether they agree or prefer to have the dispute handled 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.
The Disputes Committee makes a decision under the conditions set out in the regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop). The decisions of the Disputes Committee are made by way of binding advice.
The Disputes Committee will not handle a dispute or will discontinue its handling if the entrepreneur has been granted a suspension of payments, is bankrupt, or has effectively terminated its business activities before a dispute has been handled by the committee and a final decision has been made.

Article 18 – Industry Guarantee

Stichting Webshop Keurmerk guarantees compliance with the binding recommendations of the Webshop Disputes Committee by its members, unless the member decides to submit the binding recommendation to a court for review within two months of its dispatch. This guarantee revives if the binding recommendation has been upheld after review by the court and the verdict has become final and unappealable. Up to an amount of €10,000 per binding recommendation, this amount will be paid to the consumer by Stichting Webshop Keurmerk. For amounts greater than €10,000 per binding recommendation, €10,000 will be paid, and Stichting Webshop Keurmerk has a best-efforts obligation to ensure that the member complies with the binding recommendation for the remainder.
For the application of this guarantee, it is required that the consumer submit a written appeal to Stichting Webshop Keurmerk and transfer their claim against the entrepreneur to Stichting Webshop Keurmerk. If the claim exceeds €10,000, the consumer is offered to transfer their claim to the extent that it exceeds the amount of €10,000 to Stichting Webshop Keurmerk, after which this organization will pursue payment of the claim in its own name and at its own expense to satisfy the consumer.

Article 19 – 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 the consumer can store them in an accessible manner on a durable medium.

Article 20 – Changes to the General Terms and Conditions of the Webshop Keurmerk Foundation

Stichting Webshop Keurmerk will not amend these general terms and conditions except in consultation with the Consumers' Association.
Changes to these conditions will only take effect after they have been published in an appropriate manner, provided that the most favorable provision for the consumer will prevail during the validity of an offer.

Annex I: Model Withdrawal Form

Model Withdrawal Form

(Only complete and return this form if you wish to withdraw from the contract)

To: [name of entrepreneur]
[geographic address of entrepreneur]
[fax number of entrepreneur, if available]
[email address or electronic address of entrepreneur]
I/We* hereby inform you that I/We* withdraw from our agreement regarding
the sale of the following products: [product description]*
the delivery of the following digital content: [digital content description]*
the provision of the following service: [service description]*
Ordered on*/received on* [date of order for services or receipt for products]
[Name of consumer(s)]
[Address of consumer(s)]
[Signature of consumer(s)] (only if this form is submitted on paper)

*Delete as applicable

General terms and conditions

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