Terms and conditions
Our terms and conditions can be read in full below. If you have any questions, please feel free to contact us.
Terms and Conditions of Stichting Webshop Keurmerk
These Terms and Conditions of Stichting Webshop Keurmerk were drawn up in consultation with the Consumers’ Association (Consumentenbond) within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and came into effect on 1 June 2014.
These Terms and Conditions will be used by all members of Stichting Webshop Keurmerk, with the exception of financial services as referred to in the Financial Supervision Act and insofar as these services are supervised by the Netherlands Authority for the Financial Markets.
Table of contents
- Article 1 – Definitions
- Article 2 – Identity of the entrepreneur
- Article 3 – Applicability
- Article 4 – The offer
- Article 5 – The contract
- Article 6 – Right of withdrawal
- Article 7 – Obligations of the consumer during the withdrawal period
- Article 8 – Exercise of the right of withdrawal by the consumer and the costs thereof
- Article 9 – Obligations of the entrepreneur in the event of withdrawal
- Article 10 – Exclusion of the right of withdrawal
- Article 11 – The price
- Article 12 – Performance of the contract and additional guarantee
- Article 13 – Delivery and execution
- Article 14 – Continuing performance contracts: duration, termination and extension
- Article 15 – Payment
- Article 16 – Complaints procedure
- Article 17 – Disputes
- Article 18 – Additional or deviating provisions
- Article 19 – Amendment of the terms and conditions of Stichting Webshop Keurmerk
Article 1 – Definitions
In these terms and conditions the following definitions apply:
- Supplementary contract: a contract under which the consumer acquires products, digital content and/or services in connection with a distance contract, where these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
- Withdrawal period: the period within which the consumer may exercise his right of withdrawal;
- Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data produced and supplied in digital form;
- Continuing performance contract: a contract for the regular delivery of goods, services and/or digital content over a given period of time;
- Durable medium: any instrument – including e-mail – that enables the consumer or the entrepreneur to store information addressed to him personally in a manner that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
- Right of withdrawal: the consumer’s option to cancel the distance contract within the withdrawal period;
- Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products, (access to) digital content and/or services to consumers at a distance;
- Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby, up to and including the conclusion of the contract, exclusive or joint use is made of one or more techniques for distance communication;
- Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions;
- Technique for distance communication: means that can be used for concluding a contract without the consumer and the entrepreneur having to be in the same room at the same time;
Article 2 – Identity of the entrepreneur
Name of the entrepreneur: Bekking & Blitz Uitgevers B.V.
Registered and visiting address: Hardwareweg 9, 3821 BL Amersfoort, the Netherlands
Telephone number: +31 (0)33 4613718, available on working days between 09.00 and 17.00 hrs.
E-mail address: info@bekkingblitz.com
Chamber of Commerce number: 31027800
VAT identification number: NL006924414B01
Article 3 – Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every 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 may be inspected at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s 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 may be made available to the consumer electronically in such a way that the consumer can easily store it 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 may be consulted 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 apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favourable to him.
Article 4 – The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
- 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 assess the offer properly. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
- Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The contract
- Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
- If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
- The entrepreneur may, within the limits of the law, inform himself whether the consumer can meet his payment obligations, as well as of all facts and factors that are relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has sound reasons for not entering into the contract, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to its execution.
- At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
a. the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the price including all taxes of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the contract if the contract 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 a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
For products:
- The consumer may dissolve a contract relating to the purchase of a product during a withdrawal period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
- The withdrawal period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may refuse an order of several products with different delivery times, provided he has clearly informed the consumer of this prior to the ordering process.
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 him, received the last shipment or the last part;
c. in the case of contracts for the regular delivery of products over a given period: the day on which the consumer, or a third party designated by him, 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 for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
- The withdrawal period referred to in paragraph 3 commences on the day following the conclusion of the contract.
Extended withdrawal period for products, services and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the withdrawal period ends twelve months after the end of the original withdrawal period determined in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months of the commencement date of the original withdrawal period, the withdrawal period expires 14 days after the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the withdrawal period
- During the withdrawal period the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
- The consumer is only liable for any diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.
- The consumer is not liable for any diminished value of the product if the entrepreneur 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 the costs thereof
- If the consumer exercises his right of withdrawal, he will notify the entrepreneur of this within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any event observed the return period if he returns the product before the withdrawal period has expired.
- The consumer will return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the 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 he will bear the costs himself, the consumer does not have to bear the costs of return.
- If the consumer withdraws after first having expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or set quantity begin during the withdrawal period, the consumer owes the entrepreneur an amount proportionate to that part of the obligation that has been performed by the entrepreneur at the time of withdrawal, compared with full performance of the obligation.
- The consumer bears no costs for the performance of services or the supply of water, gas or electricity not made 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 the event of withdrawal or the model withdrawal form, or;
b. the consumer did not expressly request the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the withdrawal period. - The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium, if:
a. prior to its supply he did not expressly agree to the commencement of performance of the contract before the end of the withdrawal period;
b. he did not acknowledge losing his right of withdrawal when giving his consent; or
c. the entrepreneur failed to confirm this statement by the consumer. - If the consumer exercises his right of withdrawal, all supplementary contracts are dissolved by operation of law.
Article 9 – Obligations of the entrepreneur in the event of withdrawal
- If the entrepreneur makes it possible for the consumer to give notice of withdrawal electronically, he will send an acknowledgement of receipt without delay after receiving such notice.
- The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to make the reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever occurs earlier.
- The entrepreneur will use the same means of payment for reimbursement as the consumer used, unless the consumer agrees to a different method. The reimbursement 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 does not have to reimburse the additional costs of 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 clearly stated this in the offer, or at least in good time before the conclusion of the contract:
- Products or services whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
- Contracts concluded during a public auction. A public auction means a method of sale whereby 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, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
- Service contracts, after full performance of the service, but only if:
a. performance began with the consumer’s express prior consent; and
b. the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract; - 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, goods transport, car rental services and catering;
- Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
- Products manufactured to the consumer’s 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;
- Products that perish quickly or have a limited shelf life;
- Sealed products which, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery;
- Products which, by their nature, are irrevocably mixed with other products after delivery;
- Alcoholic beverages whose price was agreed upon conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
- Sealed audio and video recordings and computer software whose seal has been broken after delivery;
- Newspapers, periodicals or magazines, with the exception of subscriptions to them;
- The supply of digital content other than on a tangible medium, but only if:
a. performance began with the consumer’s express prior consent; and
b. the consumer has declared that he thereby loses his right of withdrawal.
Article 11 – The price
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence at variable prices. This link to fluctuations and the fact that any prices stated are target prices will be stated in the offer.
- Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
a. they result from statutory regulations or provisions; or
b. the consumer is authorised to terminate the contract 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 – Performance of the contract and additional guarantee
- The entrepreneur 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 statutory provisions and/or government regulations existing on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the statutory rights and claims that the consumer may assert against the entrepreneur under the contract if the entrepreneur has failed to fulfil his part of the contract.
- An additional guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfil his part of the contract.
Article 13 – Delivery and execution
- The entrepreneur will exercise the greatest possible 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 made known 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 no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.
- Following dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
- The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 – Continuing performance contracts: duration, termination and extension
Termination:
- The consumer may at any time terminate a contract entered into for an indefinite period which extends to the regular delivery of products (including electricity) or services, with due observance of the agreed termination rules and a notice period of no more than one month.
- The consumer may at any time terminate a contract entered into for a fixed period which extends to the regular delivery of products (including electricity) or services, as at the end of the fixed period, with due observance of the agreed termination rules and a notice period of no more than one month.
- The consumer may, with regard to the contracts referred to in the previous paragraphs:
– terminate them at any time and not be limited to termination at a specific time or during a specific period;
– terminate them at least in the same manner as they were entered into by him;
– always terminate them with the same notice period as the entrepreneur has stipulated for himself.
Extension:
- A contract entered into for a fixed period which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
- Contrary to the previous paragraph, a contract entered into for a fixed period which extends to the regular delivery of daily newspapers, news publications, weeklies and magazines may be tacitly extended for a fixed period of up to three months, if the consumer may terminate this extended contract towards the end of the extension with a notice period of no more than one month.
- A contract entered into for a fixed period which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is no more than three months if the contract extends to the regular, but less than once a month, delivery of daily newspapers, news publications, weeklies and magazines.
- A contract of limited duration for the regular trial delivery of daily newspapers, news publications, weeklies and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration:
- If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 15 – Payment
- Unless otherwise stipulated in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the withdrawal period, or, in the absence of a withdrawal period, within 14 days after the conclusion of the contract. In the case of a contract for the provision of a service, this period commences on the day after the consumer has received confirmation of the contract.
- When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. Where advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the order or service(s) concerned before the stipulated advance payment has been made.
- The consumer has a duty to report inaccuracies in payment details provided or stated to the entrepreneur without delay.
- If the consumer does not meet his payment obligation(s) on time, then, after the entrepreneur has pointed out the late payment to him and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, and payment is not made within this 14-day period, the consumer owes the statutory interest on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur may deviate from the stated amounts and percentages in favour of the consumer.
Article 16 – Complaints procedure
- The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
- Complaints about the performance of the contract must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
- Complaints submitted to the entrepreneur are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply 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 entrepreneur’s service may also be submitted via a complaints form on the consumer page of the website of Stichting Webshop Keurmerk (https://www.keurmerk.info/nl/consumenten/klacht/). The complaint is then sent both to the entrepreneur concerned and to Stichting Webshop Keurmerk.
- Webshop Keurmerk will not handle a dispute or will discontinue its handling if the entrepreneur has been granted a suspension of payments, has become bankrupt or has effectively ceased its business activities, or if the webshop has been suspended or expelled by Webshop Keurmerk.
- A dispute will only be taken into consideration by Webshop Keurmerk if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
- The dispute must be submitted in writing to Webshop Keurmerk no later than twelve months after the dispute arose.
- It is also possible to submit complaints via the European ODR platform (https://ec.europa.eu/consumers/odr/).
Article 17 – Disputes
- Only Dutch law applies to contracts between the entrepreneur and the consumer to which these general terms and conditions relate. This also applies if the consumer resides abroad.
- The Vienna Sales Convention does not apply.
Article 18 – Additional or deviating 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 the consumer can store them in an accessible manner on a durable medium.
Article 19 – Amendment of the terms and conditions of Stichting Webshop Keurmerk
- If Stichting Webshop Keurmerk makes an amendment, we will inform the entrepreneur by newsletter and publish the latest terms and conditions on our website (https://www.keurmerk.info/nl/algemene-voorwaarden/).
- Amendments to these terms and conditions only take effect 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 will prevail.
Address of Stichting Webshop Keurmerk: Willemsparkweg 193, 1071 HA Amsterdam, the Netherlands
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]
[Geographical address of entrepreneur]
[Fax number of entrepreneur, if available]
[E-mail address or electronic address of entrepreneur]
I/We* hereby give notice that I/we* withdraw from our contract concerning
<> the sale of the following products: [description of product]*
<> the supply of the following digital content: [description of digital content]*
<> the provision of the following service: [description of service]*,
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 where not applicable or complete where applicable.
