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General Terms of Conditions

  /  General Terms of Conditions

When you purchase a SERVICE (masterclass or instant advice) on the webshop of Yeh Design these General Terms and Conditions are applicable.

 

1 Agreement, offer and confirmation

1.1 These General Terms and Conditions (“General Terms and Conditions”) govern all offers and the preparation, content and performance of all agreements concluded between the client and the contractor (the “Designer”). Deviations from these General Terms and Conditions may be agreed on between the client and the Designer only in writing.

1.2 All offers are without commitment and are valid for two months. Prices quoted may be subject to change due to unforeseen changes in the work. Prices are exclusive of VAT. The rates and offers quoted do not automatically apply to future commissions. The client warrants that the information provided to the Designer by it or on its behalf and on which the Designer bases the offer is correct and complete.

1.3 Commissions are confirmed in writing by the client. If the client fails to do so but consents to the Designer commencing the work commissioned, the terms of the offer are deemed to have been agreed on and these General Terms and Conditions apply. Any subsequent oral agreements and stipulations are not binding on the Designer until he has confirmed them in writing.

2 Performance of the agreement

2.1 The Designer must make every effort to perform the work commissioned carefully and independently, to promote the client’s interests to the best of his or her ability and to aim to achieve a result that is useful to the client, as can and may be expected of a reasonably and professionally acting designer. To the extent necessary the Designer must keep the client informed of the progress of the work.

2.2 The client must do any and all things that are reasonably necessary or required to enable the Designer to deliver punctually and properly, such as supplying (or causing the supply of) complete, sound and clear data or materials in a timely manner of which the Designer states or of which the client understands or should reasonably understand that they are necessary for the performance of the agreement.

2.3 Terms stated by the Designer for the performance of the work commissioned are approximations only, unless otherwise agreed in writing.

2.4 Unless otherwise agreed, the following do not form part of the work commissioned to the Designer:

a. performing tests, applying for permits and assessing whether the client’s instructions comply with statutory or quality standards;

b. investigating any existing rights, including patents, trademarks, drawing or design rights or portrait rights of third parties; and

c. investigating the possibility of the forms of protection referred to in (b) for the Client.

2.5 Prior to performance, production, reproduction or publication, the parties must give each other the opportunity to check and approve the final draft, prototypes or galley proofs of the result.

2.6 Differences between the (final) result and the agreements made cannot serve as grounds for rejection, discount, damages or dissolution of the agreement if those differences are reasonably of minor importance, taking all the circumstances into account.

2.7 Any complaints must be filed with the Designer in writing at the earliest possible time but no later than ten business days after completion of the work commissioned, failing which the client is deemed to have accepted the result of the work commissioned in its entirety.

3 Engagement of third parties

3.1 Unless otherwise agreed, instructions to third parties in the context of the performance of the work commissioned are given by or on behalf of the client. At the client’s request the Designer may act as an agent for the client’s account and risk. The parties may agree on a fee for such agency.

3.2 If the Designer provides an estimate of third-party costs at the client’s request, that estimate is an approximation only. If required, the Designer may apply for quotations at third parties on the client’s behalf.

3.3 If the Designer procures goods or services from third parties in the performance of the work commissioned, for the Designer’s own account and risk and on the basis of an express agreement, whereby those goods or services are passed on to the client, these general conditions of and/or any separate agreements made with that supplier with regard to warranties and liability also apply to the client.

3.4 If the Designer gives commissions or instructions to production companies or other third parties in the client’s name or otherwise, the client will confirm in writing at the Designer’s request the approval referred to in Article 2.5 of these General Terms and Conditions.

3.5 The client may not engage any third parties without consultation with the Designer if that may influence the performance of the work commissioned as agreed on with the Designer. The Parties will consult, if necessary, as to which other contractors will be engaged and which work will be assigned to them.

3.6 The Designer is not liable for any errors or defects of products or services of third parties engaged by or on behalf of the client, irrespective of whether they have been introduced by the Designer. The client itself must hold those parties accountable. The Designer may assist in that regard if necessary.

4 Intellectual and other property rights

4.1 All intellectual property rights arising from the work commissioned – including patents, trademarks, drawing or design rights and copyrights – in respect 

of the results of the work commissioned are vested in the Designer. Insofar as any of such rights can be acquired only by means of an application or registration, the Designer will have the sole and exclusive power to effect that application or registration, unless otherwise agreed.

4.2 The parties may agree that the rights referred to in paragraph 1 are transferred in whole or in part to the client. Such transfer and the conditions, if any, on which the transfer takes place must always be recorded in writing. Until the moment of transfer, a right of use is granted as regulated in Article 5 of these General Terms and Conditions.

4.3 The Designer is entitled at any time to imprint his name on or in, or to remove it from, the result of the work commissioned (or publicity related thereto) or to have his name imprinted on or in, or removed from, the result of the work commissioned, in a manner that is customary for that result. Without the Designer’s prior consent the client may not publish or reproduce the result without identifying the Designer by name.

4.4 Unless otherwise agreed, the (original) results (such as designs, design sketches, drafts, advice, reports, budgets, estimates, specifications, design drawings, illustrations, photographs, prototypes, scale models, templates, prototypes, products and partial products, films audio and video or other presentations, source codes and other materials or (electronic) data files etc.) made by the Designer as part of the work commissioned remain the Designer’s property, irrespective of whether they have been made available to the client or to third parties.

4.5 On completion of the work commissioned, neither the client nor the Designer will be under any custodian duty in respect of any of the materials and data used, unless otherwise agreed.

7 Payment and suspension

7.1 All payments must be made without any deduction, set-off or suspension within 24 hours of the invoice date, unless otherwise agreed in writing or stated in the invoice.

7.2 All goods delivered to the client remain the Designer’s property until all the amounts that the client owes the Designer under the agreement concluded between the parties have been paid to the Designer.

7.3 If the client fails to pay all or part of the amounts due, it owes statutory interest and out-of- court costs of collection, amounting to at least 10% of the invoice amount, subject to a minimum of € 1500, excluding VAT.

7.4 The Designer must arrange for timely invoicing. In consultation with the client the Designer may charge the agreed fee and costs as an advance, in the interim or periodically.

7.5 The Designer may suspend the performance of the work commissioned after the term for payment has expired and the client, after a written demand to make payment within 14 days, fails to make that payment, or if the Designer is forced to conclude on the grounds of a statement or act on the part of the client that payment will not be made.

8 Notice of termination and dissolution of the agreement

8.1 If the client gives notice of termination of the agreement, without any breach on the part of the Designer, or if the Designer dissolves the agreement on the grounds of breach by the client in the performance of the agreement, the client is liable for damages in addition to the Designer’s fee and the costs incurred in connection with the work performed until that time. In this context any conduct by the client on the grounds of which the Designer cannot reasonably be required to complete the work commissioned is also regarded as breach.

8.2 The damages referred to in the preceding paragraph of this Article include at least the costs arising from obligations undertaken by the Designer in his own name with third parties for the performance of the work commissioned, as well as at least 30% of the balance of the fee that the client would owe the Designer if the work commissioned were completed in full.

8.3 Both the Designer and the client have the right to terminate the agreement in whole or in part with immediate effect, and all amounts due are payable immediately, if a petition in bankruptcy or a petition for a suspension or provisional suspension of payment or for application of the debt rescheduling arrangement is filed in respect of the other party.

8.4 If the Designer’s work consists of recurrently performing work of a similar nature, a continuing performance agreement is involved, unless otherwise agreed in writing. Such an agreement may be terminated only by written notice given while observing a reasonable notice period of no less than three months, during which period the client must continue to purchase the customary amount of work from the Designer or must provide financial compensation.

9 Warranties and indemnities

9.1 The Designer warrants that the result has been designed by him or her or on his or her behalf and, if the result is copyright-protected, that the Designer is the author within the meaning of the Auteurswet (Dutch Copyright Act) and as the copyright owner has power of disposition of the work. The Designer warrants that, as far as he/she knows or reasonably ought to know, the result of the work commissioned does not infringe any third-party rights and is not otherwise unlawful.

9.2 If the client uses the results of the work commissioned, it indemnifies the Designer or persons engaged by the Designer in the performance of the work commissioned against any third-party claims arising from the application or use of the result of the work commissioned. This is without prejudice to the Designer’s liability towards the client for failure to comply with the warranties referred to in the preceding paragraph and any other liability as referred to in Article 10 of 

these General Terms and Conditions.

9.3 The client indemnifies the Designer against any claim or action relating to intellectual property rights in materials or information supplied by the client and used in the performance of the work commissioned.

10 Liability

10.1 In the event of breach, the Designer must first be given written notice of default, setting a reasonable term in which to perform his/her obligations, to correct any errors or to limit or reverse the loss.

10.2 The Designer is liable towards the client only for direct damage attributable to the Designer. The Designer’s liability for indirect damage, including consequential damage, loss of profits, loss savings, mutilated or lost data or materials, or damage due to business interruption is excluded.

10.3 Except in the event of intent or wilful recklessness on the part of the Designer, the Designer’s liability is limited to the fee that he or she charged for the work commissioned, or in any event the part of the work commissioned to which the liability relates. That amount may not exceed EUR 75,000 and may in no event be higher than the benefit paid to the Designer by the insurance company in the case in question. The amount for which the Designer is liable in the case in question is reduced by any sums insured by the client.

10.4 Any and all liability expires two years from the date on which the work commissioned has ended on the grounds of completion, termination or dissolution.

11 Other provisions

11.1 If the client wishes to commission the work at the same time to parties other than the Designer, or has previously already commissioned the work to another party, it must inform the Designer accordingly, stating the names of those third parties.

11.2 The client is not permitted to transfer or assign to third parties any of the rights under an agreement concluded with the Designer, except in the event of transfer of the client’s entire business or with the Designer’s written consent.

11.3 Both parties must keep confidential any and all confidential information, facts and circumstances that come to their knowledge in the context of the work commissioned, from each other or from any other source, of which they can reasonably understand that their publication or disclosure to third parties might damage the Designer or the client. The same duty of confidentiality in respect of such facts and circumstances must be imposed on any third parties engaged in the performance of the work commissioned.

11.4 If any provision of these General Terms and Conditions is void or voided, the other provisions of these General Terms of Conditions continue to apply in full. In that case the parties will consult in order to agree on new provisions to replace the void or voided provisions that are as closely as possible in keeping with the purpose and scope of the void or voided provisions.

11.5 The headings of these General Terms and Conditions have been included for easy reference only and do not form part of these General Terms and Conditions.

11.6 All agreements between the Designer and the client are governed by Dutch law. The parties will first attempt to settle any dispute that arises in consultation. Unless the parties have expressly agreed in writing on arbitration, the court that has jurisdiction by law or the court in the district in which the Designer has its registered office has jurisdiction to hear and decide on any disputes between the Designer and the client.

February 2013

These General Terms and Conditions are a translation of the “Algemene Voorwaarden van de Beroepsorganisatie Nederlandse Ontwerpers BNO”, filed with the Chamber of Commerce for Amsterdam under number 40539096 and available for download at www.bno.nl/voorwaarden. In the event of any difference between these two Terms and Conditions, the Dutch text will prevail.

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Specimen additional conditions governing interior design and architecture assignments

1.1 If the client is a consumer, the following provisions apply in derogation of:

a.Article 7.3: The extrajudicial costs of collection are due only after the Designer has sent a demand after the end of the first payment period, setting a second payment period of 14 days and stating the maximum compensation for collection costs permitted by law, as regulated in and calculated in accordance with the Extrajudicial Collection Costs (Fees) Decree, subject to a minimum of €400.

b. Article 8.1: If the client terminates the agreement for a reason other than breach on the part of the Designer, the client must pay the remuneration and the costs incurred, but does not owe the Designer any damages.

c. Article 11.6: If arbitration has not been agreed on, the court designated by law has exclusive jurisdiction.

1.2 If applicable and in derogation of Article 2.4(a), the parties agree that the Designer is responsible for applying for the building permits required for the performance of the agreed work and for assessing whether instructions of the client comply with the applicable Buildings Decree.

1.3 In addition to Article 5.6, the client must reasonably cooperate in the creation of visual and other material that the Designer may use pursuant to this provision for its own promotion and publicity purposes.

When you purchase a PRODUCT (furniture or wallcovering etc.) on the webshop of Yeh Design these General Terms and Conditions are applicable.

 

These General Terms and Conditions of Stichting Webshop Keurmerk were drafted in consultation with the Consumentenbond [Consumer’s Association] in the context of the Self-regulation Coordination Group [Coördinatiegroep Zelfreguleringsoverleg CZ] of the Socioeconomic Council [Sociaal-ecomische Raad] and come into force on 1 June 2014

CONTENTS

Article 1  – Definitions

Article 2  – The Entrepreneur’s identity

Article 3  – Applicability

Article 4  – The offer

Article 5  – The agreement

Article 6  – Right of withdrawal

Article 7  – Consumer’s obligations during the reflection period

Article 8  – Exercising the Consumer’s right of withdrawal and the costs

Article 9  – Entrepreneur’s obligation in case of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Compliance and extra guaranty

Article 13 – Delivery and execution

Article 14 – Continuing performance contract: duration, termination and extension

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Additional or varying provisions

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

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

  1. Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement      and these goods, digital content and/or services are delivered by the   Entrepreneur or a third party on the basis of an arrangement between this       third party and the Entrepreneur;
  2. Reflection period: the period during which the Consumer may use his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
  7. Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her     personally in such a manner that makes future consultation and use possible      during a period that matches the purpose for which the information is      destined and which makes unaltered reproduction of the stored information
  8. Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
  9. Entrepreneur: the natural of legal person who is a member of Stichting Webshop Keurmerk and who provides products, (access to) digital content    and or services to Consumers at a distance;
  10. Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling      products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the     conclusion of the contract;
  11. Standard form for withdrawal: the European standard form for        withdrawal included in Appendix 1;
  12. Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being   together in the same place at the same time.

 

Article 2 – The Entrepreneur’s identity

Name of Entrepreneur (name given in the Articles of Association, and trade name, where applicable;

Business address;

Visiting address, if different from business address;

Telephone number and the times at which the Entrepreneur can be reached by telephone:

Email address or other electronic communication means offered to the Consumer with the same functionality as email;

Chamber of Commerce number;

VAT identification number;

 

If the Entrepreneur’s activity is subject to a relevant licensing regime: information about the supervising authority;

 

If the Entrepreneur practises a regulated profession:

−     the professional association or professional organisation of which he is a          member;

−     the title of his profession, the place in the EU or in the European Economic       Area   where it is awarded;

−     a reference to the rules of professional practice which are applicable in the       Netherlands and information about where and how these rules of professional   practice        can be accessed.

 

Article 3 – Applicability

  1. These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the         Consumer.
  2. Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in     what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is         concluded.
  3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the        distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-     term data carrier. If this is reasonably impossible, it will be specified where    the General Terms and Conditions can be viewed electronically and that they         will be sent to at the Consumer´s request free of charge, either via        electronic means or otherwise, before concluding the distance contract;
  4. In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall         apply accordingly, and in the event of contradictory terms and conditions, the          Consumer may always appeal to the applicable provision that is most     favourable to him/her.

 

Article 4 – The offer

  1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
  2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content         adequately. If the Entrepreneur makes use of pictures, they are truthful    images of the products and/or services provided. Obvious errors or mistakes   in the offer do not bind the Entrepreneur.
  3. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.

 

Article 5 – The contract

  1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
  2. If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic    means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
  3. If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay    electronically, the Entrepreneur shall observe appropriate security measures.
  4. The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors   relevant to responsibly concluding the distance contract. If, acting on the       results of this investigation, the Entrepreneur has sound reasons for not    concluding the contract, he is lawfully entitled to refuse an order or request    supported by reasons, or to attach special terms to the implementation.
  5. Before delivering the product, the Entrepreneur shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:
    a. the visiting address of the Entrepreneur´s business establishment where      the Consumer may get into contact with any complaints;
    b. the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information    about his being exempted from the right of withdrawal;
    c. the information corresponding to existing after-sales services and      guarantees;
    d. The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or     implementation of the distance contract;
  6. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
  7. the standard form for withdrawal if the Consumer has the right of withdrawal.
  8. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.

 

Article 6 – Right of withdrawal

In case of products:

  1. The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The Entrepreneur     may    ask the Consumer about the reason for the withdrawal but cannot force         him to state his reason(s).
  2. The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance         and who is not the carrier, or
    1. if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the           last product. The Entrepreneur may refuse an order of several products                  with different delivery dates provided that he clearly informs the                   Consumer prior to the order process.
    2. in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him              received the last batch or the last part.
    3. in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed                by him received the first product.

 

In case of services and digital content that is not delivered on a physical carrier:

  1. The Consumer can terminate an agreement for services or an agreement for delivery of digital content that is not delivered on a physical carrier        without giving reasons during at least 14 days. The Entrepreneur may ask      the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
  2. The reflection period referred to in Article 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content that has not been delivered on a physical carrier in case no information is given about the right of withdrawal:

  1. If the Entrepreneur has not provided the Consumer with the legally required information about the right of withdrawal or has not provided the standard        form for withdrawal, the reflection period expires twelve months after the      end of the original reflection period in accordance with the reflection period     determined in the previous sub-clauses of this Article.
  2. If the Entrepreneur provided the Consumer with the information referred to in the previous article within twelve months after the starting day of the    original period of reflection, the period of reflection expires 14 day after the    day on which the Consumer received the information.

 

Article 7 – Consumer’s obligations during the time of reflection

  1. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent         necessary for establishing the nature, the characteristics and the effect of the The guiding principle is that the Consumer may only handle and   inspect the product in the manner in which one is allowed to handle a product          in a shop.
  2. The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than   allowed in sub-section 1.
  3. The Consumer is not liable for the decrease in value of the product if the Entrepreneur has not provided him with all legal information about the right of        withdrawal before concluding the Agreement.

 

Article 8 – Exercising the Consumer’s right of withdrawal and the costs

  1. If the Consumer exercises his right of withdrawal he shall notify the Entrepreneur unambiguously with the standard form for withdrawal within the         period of reflection.
  2. The Consumer shall return the product or deliver it to (the authorized representative of) the Entrepreneur as soon as possible but within 14 days         counting from the day following the notification referred to in sub-clause 1.    This need not be done if the entrepreneur offered to collect the product         The Consumer observed the period of returning the product in any    event if the product is returned before the expiration of the period of          reflection.
  3. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with        reasonable and clear instructions given by the Entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
  5. The Consumer shall bear the direct costs of returning the product. If the Entrepreneur has not reported that the Consumer has to bear these costs or if      the Entrepreneur pointed out that he will bear the costs himself, the    Consumer need not pay the cost of returning the product.
  6. If the Consumer withdraws after having first explicitly requested that the performance of a service or the supply of gas, water or electricity having not          been made ready for sale not be started in a limited volume or given quantity          during the period of reflection, the Consumer shall pay the Entrepreneur an   amount that is equal to the part of the obligation already performed at the     time of withdrawal as compared with the full compliance of the
  7. The Consumer does not bear the costs for performing services for the supply of water, gas or electricity that had not been made ready for sale in a limited    volume or quantity, or for the supply of district heating if
    1. the Entrepreneur has not provided the Consumer with the statutorily required information about the right of withdrawal, the compensation of             costs in case of withdrawal or the standard form for withdrawal, or
    2. if the Consumer has not explicitly requested that the performance of the service or the supply of gas, water and electricity or district heating                   be started during the period of reflection.
    3. The Consumer does not bear any cost for the full or partial delivery of digital content not stored on a physical carrier if
    4. prior to the delivery, he has not explicitly consented to start                   performance of the agreement before the end of the period of reflection;
    5. he did not acknowledge to lose his right of withdrawal when giving consent; or
    6. the Entrepreneur failed to confirm the Consumer’s statement.
  8. If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.

 

Article 9 – Entrepreneur’s obligations in case of withdrawal

  1. If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
  2. The Entrepreneur shall reimburse all payments made by the Consumer, including any delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which the Consumer notified him of the withdrawal. Unless the Entrepreneur offers       to collect the product himself, he can wait with paying back until having         received the product or until the Consumer proved that he returned the   product, whichever occurs first.
  3. The Entrepreneur shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The          reimbursement is free of charge for the Consumer.
  4. If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the Entrepreneur need not reimburse the          additional costs for the more expensive method.

 

Article 10 – Exclusion of the right of withdrawal

The Entrepreneur can exclude the following products and services from the right of withdrawal but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement:

  1. Products or services with a price that is subject to fluctuations in the financial market on which the Entrepreneur has no influence and which may        occur within the period of withdrawal;
  2. Agreements that are concluded during a public auction. A public auction is defined as a selling method whereby the Entrepreneur offers products, digital        content and/or services to the Consumer who is personally present or has the          possibility to be personally present at the auction under the direction of an   auctioneer and whereby the successful bidder is obliged to purchase the        products, the digital content and/or the services.
  3. Services agreements, after full performance of the service, but only if
  4. the performance started with the Consumer’s explicit prior consent; and
  5. the Consumer stated that he will lose his right of withdrawal as soon as             the Entrepreneur has fully performed the agreement.
  6. Services agreements for making accommodation available when a certain period of implementation is provided and other than for residential purposes, goods transports, car rental services and catering;
  7. Agreements related to leisure activities when a certain date or period of performance is arranged in the agreement;
  8. Products manufactured in accordance with the Consumer’s specifications which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific   person;
  9. Perishable products or products with a limited durability.
  10. Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken;
  11. Products which for their nature are irreversibly mixed with other products;
  12. Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement but of which the delivery can take place only after 30 days,    and whose real value depends on fluctuations in the market which the Entrepreneur cannot affect.
  13. Sealed audio and video recordings and computer programs of which the seals were broken after delivery;
  14. Newspapers, periodicals or magazines, with the exception of subscriptions to them;
  15. The delivery of digital content other than on a physical carrier, but only if:        the performance was started with the Consumer’s explicit prior                       consent;
  16. the Consumer stated that he will lose his right of withdrawal by doing               so.

Article 11 – The price

  1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to         changes in VAT rates.
  2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that          are beyond the Entrepreneur’s control, at variable prices. The offer will state   the possibility of being subject to fluctuations and the fact that any indicated         prices are target prices.
  3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
  4. Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and
  5. they are the result of legal regulations or stipulations, or
  6. the Consumer has the authority to cancel the contract before the day on            which the price increase starts.
  7. All prices indicated in the provision of products or services are including VAT.

Article 12 – Performance of an agreement and extra Guarantee

  1. The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable       requirements of usability and/or reliability and with the existing statutory       provisions and/or government regulations on the day the contract was    concluded. If agreed, the Entrepreneur also guarantees that the product is     suitable for other than normal use.
  2. An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s         obligations if the Entrepreneur has failed in the fulfilment of his part of the         agreement.
  3. ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his Supplier, Importer or Manufacturer in whom he assigns certain rights or       claims to the Consumer that go further than he is legally          required in case he   fails in the compliance with his part of the agreement.

 

Article 13 – Delivery and execution

  1. The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the       provision of services.
  2. The place of delivery is at the address given by the Consumer to the Entrepreneur.
  3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with          convenient speed but at least within 30 days, unless another delivery period   was agreed on. If the delivery has been delayed, or if an order cannot be      filled or         can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to         repudiate the contract free of charge and with the right to possible        compensation.
  4. After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
  5. The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed    otherwise.

 

Article 14 – Continuing performance agreements: duration, termination and renewal

Termination
1.     The Consumer may at all times terminate a contract that was concluded for      an indefinite time and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination       rules and subject to not more than one month’s notice.
2.     The Consumer may at all times terminate a contract that was concluded for a   specific time and which extends to the regular delivery of products (including         electricity) or services at the end of the specific period, with due observance   of the termination rules and a subject to not more than one month’s notice.
3.     The Consumer can cancel the agreements mentioned in the preceding    paragraphs:
–      at any time and not be limited to termination at a particular time or in a            given period;
–      at least in the same way as they were concluded by him;
–      at all times with the same notice as the Entrepreneur stipulated for                  himself.
Extension
4.     An agreement concluded for a definite period which extends to the regular       delivery of products (including electricity) or services may not be    automatically extended or renewed for a fixed period.
5.     Notwithstanding the preceding paragraph, a contract for a definite period         which extends to the regular delivery of dailies, newspapers, weekly newspapers and magazines, may tacitly be renewed for specific period of       three months at the most if the Consumer can terminate this extended     agreement towards the end of the extension with a notice of one month at the         most.
6.     An agreement concluded for a definite period and which extends to the   regular delivery of products or services may only be extended tacitly for an indefinite period if the Consumer can cancel it at any time with a notice of one         month. The notice is three months at the most in vase the contract is about a delivery of dailies, newspapers and weeklies and magazines occurring         regularly but less than once a month.
7.     An agreement with limited duration of regular delivery of trial dailies,     newspapers, weeklies and magazines (trial or introductory subscription) is not   renewed tacitly and ends automatically after the trial or introductory period.
Duration

  1. If the duration of a contract is more than one year, the Consumer may terminate the contract at any time after one year with a notice of not more    than one month, unless reasonableness and fairness resist the termination     before the end of the agreed term.

 

Article 15 – Payment

 

  1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days      after concluding the agreement. In case of an agreement to provide a service,      this period starts on the day that the Consumer received the confirmation of   the agreement.
  2. When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. If an advance payment was agreed, the Consumer may not assert any right   regarding the execution of the order in question or the service(s) in   question before making the agreed advance payment.
  3. The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
  4. In case the Consumer has not complied with his payment obligation(s) in time, and the Entrepreneur has pointed out to him that the payment was late         and allowed the Consumer a period of 14 days to comply with the payment    obligations, the Consumer is to pay the statutory interest on the amount   payable and the Entrepreneur is entitled to charge the Consumer with any     extrajudicial collection costs. These extrajudicial collection costs amount to no        more than 15% for outstanding amounts up to € 2,500, 10% for the following   € 2,500 and 5% for the following € 5000, with a minimum of € 40. The    Entrepreneur may deviate from the aforementioned amounts and percentages    in favour of the Consumer.

 

Article 16 – Complaints procedure

  1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will 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 notice of receipt and an indication when the consumer can expect a more detailed answer.
  4. 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 website of Stichting Webshop Keurmerk (https://www.keurmerk.info/nl/consumenten/klacht/) The complaint will then be sent both to the relevant entrepreneur and to Stichting Webshop Keurmerk.
  5. Webshop Keurmerk will not treat a dispute or discontinue the handling, if the entrepreneur has been granted a suspension of payment, it has been declared bankrupt or has actually ended its business activities or the webshop has been suspended or canceled by Webshop Keurmerk.
  6. A dispute will only be dealt with by Webshop Keurmerk if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
  7. No later than twelve months after the dispute arises, the dispute must be submitted in writing to Webshop Keurmerk.
  8. It is also possible to register complaints via the European ODR platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage)

 

Article 17 – Disputes

  1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
  2. The Vienna Sales Convention does not apply.

 

 

Article 18 – Additional or different provisionsAdditional provisions or deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium. Article 19 – Modification of the general terms and conditions of Stichting Webshop Keurmerk1. When Stichting Webshop Keurmerk will make a change, we will inform the entrepreneur through the newsletter and place the newest conditions on our website (https://www.keurmerk.info/nl/algemene-voorwaarden/)2. Amendments to these terms and conditions shall only take effect after they have been published in the appropriate manner, on the understanding that in the case of applicable changes during the term of an offer the most favorable provision for the consumer will prevail.

Address Stichting Webshop Keurmerk:

Willemsparkweg 193, 1071 HA  Amsterdam.

 

Appendix I: Standard form for withdrawal

Standard Form for Withdrawal

(Complete this form and return it only when you want to revoke the agreement)

 

  • To: [Entrepreneur’s name]

[Entrepreneur’s geographic address]

[Entrepreneur’s fax number, if available]

[Entrepreneur’s email address or electronic address]

 

 

  • I/We hereby inform you that I/we wish to revoke our agreement on the sale of the following products: [specification of the product]*

the delivery of the following digital content [specification of the     digital          content]*

the performance of the following service [specification of the        service]*

 

 

  • Ordered on*/received on* [date of ordering the services or receiving products]*
  • [Consumer’s name]
  • [Consumer’s address]
  • [Consumer’s signature] (only when this form is submitted on paper)

 

 

*) Delete and/or complete where appropriate.