Terms of service

These General Terms and Conditions of the Webshop Keurmerk Foundation have been drawn up in consultation with the Dutch Consumers' Association within the framework of the Coordination Group for Self-Regulation (CZ) of the Social and Economic Council and came into effect on 1 June 2014.

These General Terms and Conditions will be used by all members of the Webshop Keurmerk Foundation with the exception of financial services as referred to in the Financial Supervision Act and insofar as these services are subject to supervision by the Financial Markets Authority.

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 - Consumer obligations during the cooling-off period
Article   8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article   9 - Obligations of the entrepreneur upon withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Performance and additional guarantee
Article 13 - Delivery and performance
Article 14 - Duration contracts: duration, termination and renewal
Article 15 - Payment
Article 16 – Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions
Article 19 - Amendment of the General Terms and Conditions of the Webshop Keurmerk Foundation

Article 1 - Definitions

In these conditions, the following terms are understood to mean:

Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these items, digital content and/or services are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
Cooling-off period: the period during which the consumer can exercise his right of withdrawal;
Consumer: a natural person who does not act for purposes related to his commercial, business, professional or occupational activity;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Duration contract: an agreement providing for the regular supply of goods, services and/or digital content over a specified period;
Durable medium: any tool – including email – that enables the consumer or entrepreneur to store information addressed to them personally in a manner that enables future retrieval or use during a period suited to the purpose for which the information is intended, and that enables unchanged reproduction of the stored information;
Right of withdrawal: the consumer's ability to rescind the distance agreement within the cooling-off period;
Entrepreneur: a natural or legal person who is a member of the Webshop Keurmerk Foundation and offers products, (access to) digital content and/or services at a distance to consumers;
Distance agreement: an agreement concluded between the entrepreneur and the consumer in the context of an organised system for distance selling of products, digital content and/or services, where until the conclusion of the agreement exclusively or partly use is made of one or more distance communication techniques;
Model withdrawal form: the European model withdrawal form included in Annex I of these conditions;
Distance communication technique: means that can be used to conclude an agreement without the consumer and entrepreneur being required to be in the same place at the same time;

Article 2 – Identity of the entrepreneur

Name of entrepreneur (registered name, possibly supplemented with trade name);Eleganza Schoenen B.V.
Address of establishment; Kerkstraat 1, 1211 CK Hilversum
Visiting address, if different from the address of establishment;
Telephone number and times when the entrepreneur can be reached by telephone;0346-244090, Monday to Friday 09.00 - 17.00
Email address or other electronic communication medium offered to the consumer with the same functionality as email; webshop@eleganza.nl
Chamber of Commerce number;32091800
VAT identification number;NL8118.36.459B01

If the entrepreneur's activities are subject to a relevant licensing system: details of the supervising authority;

If the entrepreneur practices a regulated profession:

the professional association or organisation to which he is affiliated;
the professional title, the place in the EU or the European Economic Area where it was awarded;
a reference to the professional rules applicable in the Netherlands and information on where and how these professional rules can be accessed

Article 3 – Applicability

These general terms and conditions apply to every offer by the entrepreneur and every distance agreement concluded between entrepreneur and consumer.
Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance agreement is concluded in what manner the general terms and conditions can be consulted with the entrepreneur and that they will be sent to the consumer free of charge at his request as soon as possible.
If the distance agreement is concluded electronically, by way of derogation from the previous paragraph and before the distance agreement 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 store it on a durable medium in a simple manner. If this is not reasonably possible, before the distance agreement is concluded it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge electronically or otherwise at his request.
In the event that in addition to these general terms and conditions specific product or service terms also apply, the second and third paragraphs of this article apply accordingly and in the event of conflicting terms the consumer can always rely on the applicable provision that is most favourable to him.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly 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 properly assess the offer. If the entrepreneur uses images, these are a faithful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Every offer contains such information that it is clear to the consumer what the rights and obligations are that are linked 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 conditions attached to it.
If the consumer has accepted the offer electronically, the entrepreneur confirms receipt of the acceptance of the offer electronically without delay. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate the agreement.
If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal limits, ascertain whether the consumer can meet his payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to its performance.
The entrepreneur will send the following information to the consumer in writing or in such a manner that it can be stored by the consumer in an accessible manner on a durable medium, at the latest upon delivery of the product, service or digital content:
the address of the entrepreneur's establishment where the consumer can lodge complaints;
the conditions under which and manner in which the consumer can exercise the right of withdrawal, or a clear notice that the right of withdrawal is excluded;
information about warranties and existing after-sales service;
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 agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a duration contract 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 regarding the purchase of a product during a cooling-off period of at least 14 days without stating a reason. The entrepreneur may ask the consumer for the reason for withdrawal, but may not compel him to state the reason(s).
The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, receives the product, or:
if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, receives the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided he has informed the consumer clearly about this before the ordering process.
if delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, receives the last shipment or the last part;
for agreements for regular delivery of products over a specified period: the day on which the consumer, or a third party designated by him, receives the first product.

For services and digital content not supplied on a physical medium:

The consumer can terminate a services agreement and an agreement for supply of digital content not supplied on a physical medium during a period of at least 14 days without stating a reason. The entrepreneur may ask the consumer for the reason for withdrawal, but may not compel him to state the reason(s).
The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not supplied on a physical medium if not informed of 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 cooling-off period will expire twelve months after the end of the original cooling-off period established 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 start date of the original cooling-off period, the cooling-off period expires 14 days after the day the consumer receives 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. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point is that the consumer is only permitted to handle and inspect the product as he would be permitted to do in a shop.
The consumer is only liable for loss in value of the product that results from handling of the product beyond what is permitted in paragraph 1.
The consumer is not liable for loss in value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or when concluding the agreement.

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

If the consumer wishes to exercise his right of withdrawal, he will notify the entrepreneur thereof within the cooling-off period using 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 required if the entrepreneur has offered to collect the product himself. The consumer has complied with the return period in any case if he returns the product before the cooling-off period expires.
The consumer will return the product with all accessories supplied, where reasonably possible in its 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 rests with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not indicated 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 return costs.
If the consumer withdraws after first explicitly requesting that performance of the service or supply of gas, water or electricity not made ready for sale in a limited volume or specified quantity commence during the cooling-off period, the consumer owes the entrepreneur an amount proportionate to that part of the obligation performed by the entrepreneur at the time of withdrawal, compared to the 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 not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, cost compensation upon withdrawal or the model withdrawal form, or;
the consumer has not explicitly requested the commencement of 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 full or partial supply of digital content not supplied on a physical medium, if:
he has not explicitly agreed to performance commencing before the end of the cooling-off period in advance;
he has not acknowledged losing his right of withdrawal by giving his consent; or
the entrepreneur has failed to confirm this statement from the consumer.
If the consumer exercises his right of withdrawal, all additional agreements are automatically terminated.

Article 9 – Obligations of the entrepreneur upon withdrawal

If the entrepreneur enables the consumer to notify withdrawal electronically, he will send confirmation of receipt of this notification without delay.
The entrepreneur will refund 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 refund until he has received the product or until the consumer has provided evidence that he has returned the product, whichever is earlier.
The entrepreneur will use the same means of payment for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge to the consumer.
If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not obliged to refund the additional costs of the more expensive method.

Article 10 – Exclusion of right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer or in good time before the agreement is concluded:

Products or services whose price is linked to 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 means a sales method 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, under the direction of an auctioneer, and where the successful bidder is obliged to take the products, digital content and/or services;
Services agreements, after full performance of the service, but only if:
performance has commenced with the express prior consent of the consumer; and
the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the agreement;
Service agreements for the provision of accommodation, if a specific date or period of performance is stipulated in the agreement and not for residential purposes, goods transport, car rental services and catering;
Agreements concerning leisure activities, if a specific date or period of performance thereof is stipulated in the agreement;
Products manufactured to the consumer's specifications that are not pre-fabricated and are manufactured on the basis of an individual choice or decision by the consumer, or that are clearly intended for a specific person;
Products that deteriorate rapidly 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 after delivery are inseparably mixed with other products by their nature;
Alcoholic beverages whose price was agreed at the time the agreement was concluded, but which can only be delivered after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
Sealed audio, video recordings and computer software, whose seal has been broken after delivery;
Newspapers, magazines or periodicals, except for subscriptions to these;
Supply of digital content not supplied on a physical medium, but only if:
performance has commenced with the express prior consent of the consumer; and
the consumer has declared that he loses his right of withdrawal by giving this consent.

Article 11 – The price

For the duration of the validity period stated 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.
By way of derogation from the previous paragraph, the entrepreneur can offer products or services whose prices are linked to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any prices mentioned are guide prices will be stated in the offer.
Price increases within 3 months after the agreement is concluded are only permitted if they result from legal regulations or provisions.
Price increases from 3 months after the agreement is concluded are only permitted if the entrepreneur has stipulated this and:
they result from legal regulations or provisions; or
the consumer has the right to terminate the agreement with effect from the day the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.

Article 12 – Performance of agreement and additional guarantee

The entrepreneur warrants that the products and/or services comply with the agreement, the specifications mentioned in the offer, reasonable standards of quality and/or suitability and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also warrants that the product is fit for purposes other than normal use.
An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to perform his obligations.
Additional guarantee means any obligation undertaken by the entrepreneur, his supplier, importer or manufacturer 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 fails to perform his part of the agreement

Article 13 – Delivery and performance

The entrepreneur will exercise the greatest care in receiving and executing orders for products and in evaluating requests for the provision of services.
The place of delivery is the address that the consumer has communicated to the entrepreneur.
In accordance with what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due diligence but within 30 days at the latest, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed in whole or in part, the consumer will be notified no later than 30 days after placing the order. In this case, the consumer has the right to terminate the agreement free of charge and is entitled to compensation for any loss.
Upon termination 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 delivery to the consumer or a previously designated and known representative, unless otherwise expressly agreed.

Article 14 – Duration contracts: duration, termination and renewal

Termination:

The consumer can terminate an agreement entered into for an indefinite period providing for the regular supply of products (including electricity) or services at any time, observing agreed termination rules and a notice period of at most one month.
The consumer can terminate an agreement entered into for a definite period providing for the regular supply of products (including electricity) or services at any time before the end of the definite period, observing agreed termination rules and a notice period of at most one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
- at any time and is not restricted to termination at a specific time or during a specific period;
- at least terminate in the same manner as they were entered into by him;
- always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal:

An agreement entered into for a definite period providing for the regular supply of products (including electricity) or services may not be automatically renewed or extended for a definite period.
By way of derogation from the previous paragraph, an agreement entered into for a definite period providing for the regular supply of daily, news and weekly publications and magazines may be automatically renewed for a definite period of at most three months, provided the consumer can terminate this renewed agreement before the end of the renewal with a notice period of at most one month.
An agreement entered into for a definite period providing for the regular supply of products or services may only be automatically extended for an indefinite period if the consumer can terminate it at any time with a notice period of at most one month. The notice period is at most three months in the case of an agreement for regular but less frequently than monthly supply of daily, news and weekly publications and magazines.
An agreement of limited duration for regular trial or introductory supply of daily, news and weekly publications and magazines 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 terminate the agreement at any time after one year with a notice period of at most one month, unless fairness and reasonableness preclude termination before the agreed duration expires.

Article 15 – Payment

Unless otherwise provided in the agreement or additional terms, amounts owed by the consumer must be paid within 14 days after the cooling-off period begins, or in the absence of a cooling-off period within 14 days after the agreement is concluded. In the case of a service agreement, this period starts on the day the consumer receives confirmation of the agreement.
In the sale of products to consumers, the consumer may never be required in the general terms and conditions to pay more than 50% in advance. If advance payment is stipulated, the consumer cannot assert any rights concerning the performance of the relevant order or service(s) until the stipulated advance payment has been made.
The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in provided or stated payment details.
If the consumer does not meet his payment obligation(s) in time, he is, after the entrepreneur has drawn his attention to the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after failure to pay within this 14-day period, liable to pay statutory interest on the outstanding amount and the entrepreneur is entitled to charge the collection costs incurred. These collection costs are a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500 and 5% on the following €5,000 with a minimum of €40. The entrepreneur may deviate from these amounts and percentages in the consumer's favour.

Article 16 – Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer discovers the defects, in full and clearly described form.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a reasonably foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaints form on the consumer page of the Webshop Keurmerk Foundation website (https://www.keurmerk.info/nl/consumenten/klacht/) The complaint is then sent to both the relevant entrepreneur and the Webshop Keurmerk Foundation.
Webshop Keurmerk will not handle a dispute or will cease handling it if the entrepreneur has been granted a moratorium on payments, has become insolvent or has ceased business operations in fact or the webshop has been suspended or removed by Webshop Keurmerk.
A dispute will only be handled 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 it has arisen.
It is also possible to file complaints via the European ODR platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage)

Article 17 – Disputes

Dutch law exclusively applies to agreements between the entrepreneur and consumer to which these general terms and conditions relate. Even if the consumer is resident abroad.
The Vienna Sales Convention does not apply.

Article 18 – Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the consumer's disadvantage and must be recorded in writing or in such a manner that they can be stored by the consumer in an accessible manner on a durable medium.

Article 19 – Amendment of the General Terms and Conditions of the Webshop Keurmerk Foundation

When the Webshop Keurmerk Foundation makes amendments we will notify the entrepreneur via the newsletter and post the latest terms 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, provided that where applicable amendments are made during the validity of an offer, the provision most favourable to the consumer will prevail.

Address Webshop Keurmerk Foundation:
Willemsparkweg 193, 1071 HA Amsterdam

Annex I: Model withdrawal form

Model withdrawal form

(only complete and return this form if you wish to withdraw from the agreement)

To: [name of entrepreneur]
[geographical address of entrepreneur]
[fax number of entrepreneur, if available]
[email address or electronic address of entrepreneur]

I/We* hereby notify you that I/we* withdraw from the agreement concerning
the sale of the following products: [product description]*
the supply of the following digital content: [digital content description]*
the performance of the following service: [service description]*,
withdraw/withdraws*

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 when this form is submitted on paper)

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