General terms and conditions
General terms and conditions
This terms and conditions of Stichting Webshop keurmerk are developed in consultation with the Consumer Protection Association in the framework of the coordination group self-regulation (CZ) of the economic and Social Council and are effective as of 1 June 2014.
These terms and conditions will be used by all members of the Stichting Webshop keurmerk except financial services referred to in the financial supervision and as far as these services under the control of the Netherlands Authority for the financial markets.
Table of contents:
Article 1 - definitions
Article 2 - the entrepreneur's identity
Article 3 - scope of application
Article 4 - the offer
Article 5 - the contract
Article 6 - right of withdrawal
Article 7 - obligations of the consumer during the viewing period
Article 8 - exercise of the right of withdrawal by the consumer and costs
Article 9 - obligations of the entrepreneur in the case of withdrawals
Article 10 - exclusion of the right of withdrawal
Article 11 - the price
Article 12 - performance and extra warranty
Article 13 - delivery and execution
Article 14 - duration transactions: duration, cancellation and renewal
Article 15 - payment
Article 16 - complaints procedure
Article 17 - disputes
Article 18 - industry guaranteed
Article 19 - additional or different terms
Article 20 - amendments to the general terms and conditions of Stichting Webshop keurmerk
Article 1- definitions
In these conditions, the following definitions shall apply:
- Additional agreement means an agreement whereby the consumer products, digital content and/or services acquires in connection with a distance contract and these matters, digital content and/or services are provided by the trader or by a third party on the basis of an agreement between that third party and the trader;
- Grace period: the period during which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who is acting for purposes relating to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data that are produced and supplied in digital form;
- Continuing agreement: means an agreement that provides for the regular delivery of goods, services and/or digital content over a certain period of time;
- Durable medium: any device – including email – that enables the consumer or business owner to store information, that is addressed to him personally, in a way that future consultation or use for a period of time adequate for the purposes of the information is intended, and which allows the unchanged reproduction of the information stored;
- Right of withdrawal: the ability of the consumer to within the cooling-off period opt out of the contract;
- Entrepreneur: the natural or legal person who is a member of Stichting Webshop keurmerk and products, (access to) digital content and/or services to consumers;
- Distance contract: an agreement between the entrepreneur and the consumer under an organised system for distance selling of products, digital content and/or services until the conclusion of the agreement exclusively or shared use is made of one or more means of distance communication;
- Means of distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur having to be in the same room;
Article 2 – identity of the entrepreneur
|Name||:||Brave International B.V. (trading under the names Firepit-online.com...)|
|Business address||:||J.F. Vlekkeweg 12|
|Postal code/city||:||5026 RJ Tilburg|
|Phone number||:||+ 31 (0) 13 545 19 66|
|Chamber of Commerce number||:||51237296|
|VAT number||:||NL 8231.64.974 B01|
Article 3 – scope of application
- These general conditions apply to all offers of the entrepreneur and on any distance contract concluded between entrepreneur and consumer.
- Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will, before the distance contract is concluded, indicate how to view the general conditions for the entrepreneur and that they be sent free of charge as soon as possible, at the request of the consumer.
- If the distance contract is concluded electronically, then by way of derogation from the previous paragraph, and before the distance contract is concluded, the text of these general conditions to the consumer will be made electronically available in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, will before the distance contract is concluded, be indicated where the General conditions by electronic means can be accessed and that they are at the consumer's request, by electronic means or otherwise, to be sent free of charge.
- In addition to these general conditions specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer in the event of conflicting conditions shall always rely on the applicable provision that is most favorable to him.
Article 4 – the offer
- If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed so that a proper assessment of the offer by the consumer is possible. If the entrepreneur uses pictures, these are a true reflection of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer shall be binding on the entrepreneur.
- Every offer will contain such information that makes clear to the consumer what rights and obligations are involved in accepting the offer.
Article 5 – the agreement
- The agreement is subject to the provisions of paragraph 4, at the time the consumer accepts the offer and complies with the corresponding conditions.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
- If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure Web environment. If the consumer can pay electronically, the trader will use appropriate security measures.
- The economic operator may within statutory frameworks – consider information regarding the consumer's ability to fulfil his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur on the basis of this research has good reasons not to enter into the agreement, he is entitled to refuse an order or request or move to implement special conditions.
- The entrepreneur will submit, upon delivery of the product, service or digital content, to the consumer the following information, in writing or in such a way that the consumer can store it on an accessible durable medium:
a. the address of the trader's business where the consumer can lodge complaints;
b. the conditions under which and how the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on existing after-sales service and guarantees;
d. the price including all taxes of the product, service, or digital content; where applicable the costs of delivery; and the arrangements for payment, delivery or performance of the contract;
e. the requirements for cancellation of the agreement if the contract has a duration of more than one year or is indefinite;
f. If the consumer has a right of withdrawal, the model withdrawal form.
- In case of a continuing transaction, the stipulation in the previous paragraph applies only to the first delivery.
Article 6 – right of withdrawal:
- The consumer may contract with respect to the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason of withdrawal, but this does not require that he state his reason(s).
- The cooling-off period starts on the day after the consumer, or on behalf of third party other than the carrier, the product has received, or:
- If the consumer has multiple products ordered in the same order: the day on which the consumer, or a third party designated by him, has received the final product. The entrepreneur may, provided that the consumer here prior to the ordering process has been clearly informed, refuse an order of multiple products with different delivery times.
- If the supply of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or piece;
- in the case of agreements for regular delivery of products over a period of time: the day on which the consumer, or a third party designated by him, received the first product.
Article 7 – obligations of the consumer during the cooling-off period
- During this period the consumer shall handle with the product and its packaging. He will extract or use the product only to the extent necessary to the nature, characteristics and operation of the product. The starting point is that the consumer should only handle and inspect the product as he would in a store.
- The consumer shall only be liable for depreciation of the product that is the result of a way of handling the product in a way that goes beyond what is allowed in paragraph 1.
- The consumer shall not be liable for any depreciation of the product if the entrepreneur has not provided him, before or at the conclusion of the agreement, with all mandatory information about the right of withdrawal.
Article 8 – exercise of the right of withdrawal by the consumer and costs
- If the consumer exercises his right of withdrawal, he reports this within the cooling-off period using the standard withdrawal form or by other means unambiguously to the entrepreneur.
- As quickly as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall send the product back, or he hand it over to (a representative of) the entrepreneur. This need not be the product itself if the entrepreneur has offered to take it away. The consumer has the return terms in each case taken into account if he returns the product before the withdrawal period has expired.
- The consumer shall send back the product with accessories, if reasonably possible all delivered in original condition and packaging, and in accordance with the reasonable and clear instructions given by the entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer shall bear the direct cost of returning the product. If the entrepreneur has reported that the consumer has to bear these costs or if the entrepreneur indicates that they will bear the costs of the return themselves, the consumer will not bear the cost of the return.
- If the consumer revokes it after first to have expressly requested that the rendering of the service, or the supply of gas, water or electricity that is not ready for sale are made in a limited volume or set quantity to begin during the reflection period, the consumer is the entrepreneur an amount in proportion to that part of the undertaking that is fulfilled by the entrepreneur at the time of revocation compared to the full compliance of the commitment.
- The consumer shall not charge for the performance of services or the supply of water, gas or electricity, not put up for sale are made in a limited volume or quantity, or for the supply of district heating, if:
- the entrepreneur, the consumer regulatory information about the right of withdrawal, the fee in case of withdrawal or the model withdrawal form has not supplied, or;
- the consumer does not expressly to the start of the execution of the service or supply of gas, water, electricity or district heating during this period.
- The consumer shall not charge for the full or partial delivery of digital content delivered on a tangible medium, not if:
- He prior to its delivery not expressly has agreed to the start of the performance of the agreement before the end of the cooling off period;
- He has not recognised the right of withdrawal to lose in giving his consent; or
- the entrepreneur has failed to confirm this statement of the consumer;
- If the consumer exercises his right of withdrawal, any ancillary contracts shall be automatically dissolved.
Article 9 – obligations of the entrepreneur in the case of withdrawals
- If the entrepreneur allows the notification of withdrawal to be sent electronically by the consumer, he sends an acknowledgement of receipt of this notification without delay.
- The trader shall reimburse all payments from the consumer, including any delivery charges that will be charged by the company for the returned product without delay, but within 14 days following the day on which the consumer reports to him the withdrawal. Unless the entrepreneur offers to take away the product on their own accord, he may hold off until he has received the product or the consumer provides proof that he has returned the product, before providing the refund according to what time is earlier.
- The entrepreneur will use the same method to refund the payment that the consumer used, unless the consumer consents to another method. The repayment is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, for the entrepreneur, the additional costs for the more expensive delivery method are non-refundable.
Article 10 – exclusion of the right of withdrawal
The entrepreneur can exclude the following goods and services from the right of withdrawal, but only if the entrepreneur obviously at the offer, at least in time for the conclusion of the agreement, has stated:
- Products or services whose price is dependent on fluctuations in the financial market on which the entrepreneur has no influence and may occur within the withdrawal period
- Agreements concluded at a public auction. Under the definition of a public auction it means a method of sale where products, digital content and/or services are offered to the consumer by the trader who personally present or given the opportunity to be personally present at the auction, run by an auctioneer, and where the successful bidder is bound to purchase the products, digital content and/or services;
- Services agreements, after full implementation of the service, but only if:
- the implementation has begun with the consumer's express prior consent; and
- the consumer has stated that he loses his right of withdrawal once the trader has fully performed the contract;
- Service contracts for provision of accommodation, as in the agreement a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
- Agreements related to leisure activities, as in the agreement a specific date or period of implementation;
- According to the consumer's specifications manufactured products, which are not prefabricated and that are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed for reasons of health protection or hygiene products that are not suitable to be returned and were unsealed after delivery;
- Products after delivery by their nature irrevocably mixed with other products;
- Alcoholic beverages whose price has been agreed upon at the conclusion of the agreement, the delivery of which can take place only after 30 days, and the actual value of which is dependent on fluctuations in the market in which the entrepreneur has no influence;
- Sealed audio, video recordings or computer software which were unsealed after delivery;
- Newspapers, journals or magazines, with the exception of subscriptions thereon;
- The supply of digital content other than on a tangible medium, but only if:
- the implementation has begun with the consumer's express prior consent; and
- the consumer has stated that he rescinds his right of withdrawal.
Article 11 – the price
- During the period mentioned in the offer prices of the products and/or services are not increased, except for price changes due to changes in VAT rates.
- By way of derogation from the previous paragraph, the trader may offer products or services, whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, with variable prices. These fluctuations and the fact that any price must be mentioned in the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or stipulations.
- In the offer of products or services mentioned, prices include VAT.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the power to terminate the contract on the day on which the price increase takes effect.
Article 12 – performance and extra warranty
- The trader guarantees that the products and/or services fulfil the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and on the date of the conclusion of the agreement existing legal provisions and/or Government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
- If by the entrepreneur, his supplier, manufacturer or importer is given an extra warranty the legal rights and claims that the consumer under the agreement made with the entrepreneur are never limited and can do and do apply if the entrepreneur has been guilty of serious misconduct in the performance of his part of the agreement.
- Under extra guarantee shall mean any undertaking by the entrepreneur, his supplier, importer or producer in which it assigns to the consumer certain rights or claims that go beyond that which is required by law in case he is guilty of serious misconduct in the performance of his part of the agreement.
Article 13 – delivery and execution
- The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer provides to the entrepreneur.
- Subject to what is stated concerning this in article 4 of these general conditions, the entrepreneur will process accepted orders within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order is not or only partially carried out, the consumer should receive this no later than 30 days after the order was placed. The consumer in this case the right to terminate the contract without penalty and right to possible compensation.
- After dissolution in accordance with the previous paragraph, the trader will refund the consumer with the sum paid without delay.
- The risk of damage and/or loss of products rests with the trader up to the moment of delivery to the consumer to, unless otherwise expressly agreed.
Article 14 – duration transactions: duration, cancellation and renewal
- The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time terminate according the applicable termination rules and giving a notice of up to one month.
- The consumer may contract for a definite period, which extends to the regular delivery of products (including electricity) or services at any time by the end of the fixed period terminate according to the applicable termination rules and giving a notice of up to one month.
- The consumer can as mentioned in the agreements in the previous paragraphs:
- Cancel at any time and not be limited to cancellation at some time or in a given period;
- Cancel at least in the same way as they are entered into by him;
- cancel with the same notice period as the entrepreneur has negotiated for themselves.
- A contract for a definite period, which extends to the regular delivery of products (including electricity) or services should not be extended or renewed tacitly for a certain duration.
- By way of derogation from the previous paragraph, a contract for a definite period, which extends to the regular delivery of daily news and weekly newspapers and magazines, may tacitly be extended for a fixed period of up to three months, if the consumer may cancel this extended agreement by the end of the extension with up to one month's notice.
- The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time terminate by observing the applicable termination rules and with a notice of up to one month. The notice period is not more than three months in the event the agreement extends to the regular, but less than once a month, delivering day, news and weekly newspapers and magazines.
- An agreement with limited duration for the arranged delivery of daily-, news-, and weekly newspapers and magazines (trial or introductory subscription) is not implied to be continuious and ends automatically at the end of the trial or introductory period.
- If an agreement has a duration of more than one year, should the consumer after a year, wish to terminate the agreement at any time with a notice period of termination up to one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 15 – Payment
- Unless otherwise provided in the agreement or additional terms, amounts owed by the consumer are to be paid within 14 days after the beginning of the cooling-off period, or in the absence of a cooling-off period within 14 days after the close of the agreement. In the case of a contract for the provision of a service, the period of the term begins on the day after the consumer has received the confirmation of the agreement.
- When selling products to consumers, consumers in general conditions must never be obliged to advance payment in excess of 50%. When payment is agreed, the consumer may not assert any rights regarding the execution of the order or service(s), before the stipulated advance payment has been made.
- The consumer is obliged to have inaccuracies in payment data provided or stated in a report without delay to the economic operator.
- If the consumer does not meet his payment obligation(s), the entrepreneur may, after he mentioned the late payment and the entrepreneur has awarded the consumer a period of 14 days to meet his payment obligations, after failing payment within this 14-day-term, request the statutory interest on the outstanding amount and the entrepreneur is entitled the extrajudicial collection costs. This collection costs shall not exceed the following levels: 15% on outstanding amounts to €2,500 =; 10% over the subsequent €2500 = and 5% on the following €5000 = with a minimum of €40, =. The entrepreneur can, for the benefit of consumers, differ from amounts and percentages.
Article 16 – complaints procedure
- The entrepreneur has a well-publicised complaints procedure and deals with the complaint in accordance with this complaints procedure.
- Complaints about the performance of the contract, should the defects be found after by the consumer, be fully and clearly described and submitted to the entrepreneur.
- The entrepreneur should respond within a period of 14 days after the date of receipt. If a complaint has a longer processing time, the entrepreneur within the period of 14 days replied with a message of receipt and an indication when the consumer can expect a more detailed answer.
- A complaint about a product, a service or the service of the entrepreneur can also be submitted via a consumer complaint form on the page of the website of Stichting Webshop keurmerk (http://keurmerk.info/Home/MisbruikOfKlacht) the complaint is then both to the entrepreneur in question as to Stichting Webshop keurmerk.
- If the complaint is not handled within a reasonable time, or if within 3 months after the filing of the complaint it cannot be resolved, this creates a dispute subject to the dispute resolution.
Article 17 – disputes
- On agreements between the entrepreneur and the consumer to which these general conditions relate, Dutch law is exclusively applicable.
- Disputes between consumers and entrepreneurs on the creation or implementation of agreements relating to this entrepreneur to deliver or supplied products and services, can be submitted in compliance with the provisions below, by the entrepreneur as well as by the consumer to the Arbitration Board, p.o. box 90600, 2509 LP Webshop in the Hague (www.sgc.nl).
- A dispute is referred to by the Arbitration Committee and only dealt with, if the consumer has first exercised his right to complaint within a reasonable time to the trader.
- Not later than 12 months after the dispute has arisen, should the dispute to be made in writing to the Appeal Board.
- When the consumer wants to submit a dispute to the Arbitration Board, the entrepreneur is bound to this choice. When the entrepreneur wants to do the same, the consumer, within five weeks after a request made in writing for that purpose by the entrepreneur, should speak out if he so desires or wishes to submit the dispute to be handled by the competent court. If the entrepreneur does not hear of the consumer’s choice within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
- The Arbitration Board shall rule under the conditions as set out in the terms of the Arbitration Board (https://www.degeschillencommissie.nl/over-ons/commissies/webshop/). A decision made by the Arbitration Board is a binding advice.
- The Disputes Committee will not handle a dispute or will discontinue handling it if the Entrepreneur is granted a moratorium, goes bankrupt or actually ended his busniess activities before the Commission has handled a dispute at the hearing and delivered a final award.
- If in addition to the Arbitration Board Webshop another disputes committee recognised by or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) [Foundation for Consumer Complaints Committees] or the Klachteninstituut Financiële Dienstverlening (Kifid) [Financial Services Complaints Board] is competent, the disputes that are mainly related to sales methods or distance services, the Geschillencommissie Webshop Keurmerk is preferably competent, and for all other disputes, the dispute commiitee recognised by and affiliated with the SGC or Kifid is competent.
Article 18 - Guarantee by this branch of industry
- Webshop Keurmerk guarantees that its members follow the binding advice of the Dispute Committee Webshop unless the member decides to send the binding opinion for review to the the Court within two months. This guarantee revives it after review by the Court the binding opinion has been confirmed and the judgement has become final. Webshop Keurmerk will pay the amount to the Consumer up to € 10,000 per binding opinion. € 10,00 will be paid if the amount exceeds € 10,000 per binding advice. As to the remaining amount, Webshopm Keurmerk has an obligation to try to ensure that members comply with the binding advice.
- For the application of this guarantee, it is required that the Consumer submit a written appeal to Webshop Keurmerk. If the claim against the Entrepreneur exceeds € 10,000, the Consumer will be offered to assign the claim on for the excess amount to Stichting Webshop Keurmerk, after which this organisation, in its own name and at its own expense, shall try to get payment and fulfillment of these rights to compensate the Consumer.
Article 19 - Additional provisions or derogations
Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer's detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manmner on a long-term data carrier.
Article 20 - Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk
- These General Terms and Conditions will not be changed other than in consultation with the Consumentenbond (Consumers' Association).
- Amendments to these Terms and Conditions are valid only after being published in the appropriate way, provided that in case of appropriate amendments, the provision that is most favourable for the Consumer shall prevail during the validity of an offer.
Address Stichting Webshop Keurmerk:
Willemsparkweg 193, 1071 HA Amsterdam, the Netherlands