Terms of Sale

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 reflection period

Article 8 - Exercising the right of withdrawal by the consumer and its costs

Article 9 - Obligations of the entrepreneur in case of withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Performance and additional guarantee

Article 13 - Delivery and execution

Article 14 - Duration transactions: duration, cancellation, and extension

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Industry guarantee

Article 19 - Additional or deviating provisions

Article 20 - Modification of the General Terms of Sale

Article 1 - Definitions

In these terms, the following definitions apply:

Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance agreement, and these goods, digital content, and/or services are delivered by the entrepreneur or a third party based on an arrangement between that third party and the entrepreneur;
Reflection period: the period within which the consumer can exercise the right of withdrawal;
Consumer: a natural person acting for purposes unrelated to his trade, business, craft, or profession;
Day: calendar day;
Digital content: data that is produced and delivered in digital form;
Durable agreement: an agreement aimed at the regular delivery of goods, services, and/or digital content over a specified period;
Durable medium: any device – including but not limited to email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period suited to the purpose for which the information is intended, including the unchanged reproduction of the stored information;
Right of withdrawal: the consumer's ability to withdraw from the distance agreement within the reflection period;
Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org 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 as part of a structured system for remote sale of products, digital content, and/or services, whereby up to the conclusion of the agreement, only or partly one or more techniques for distance communication are used;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms. Annex I does not have to be made available if the consumer does not have a right of withdrawal regarding his order;
Distance communication technology: means that can be used for concluding an agreement, without the consumer and entrepreneur needing to be present in the same location at the same time.

Article 2 - Identity of the entrepreneur

Winkelstraat.nl (statutory name, possibly supplemented with trade name); WSNL B.V.

De Limiet 19, Vianen;

Email: service@winkelstraat.nl

Chamber of Commerce number: 94518335

VAT identification number: NL866807044B01

If the activity of the entrepreneur is subject to a relevant licensing system: the details of the supervisory authority.

If the entrepreneur practices a regulated profession:

the professional association or organization of which he is a member;
the professional title, the place in the EU or the European Economic Area where it has been granted;
a reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules can be accessed.

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and every distance agreement concluded between the entrepreneur and consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate how these general terms can be reviewed and that they will be sent free of charge as soon as possible at the consumer's request before the distance agreement is concluded.
If the distance agreement is concluded electronically, the text of these general terms and conditions may be made available to the consumer in such a way that it can be easily stored on a durable medium. If this is not reasonably possible, it will be indicated where the general terms can be reviewed electronically and that they will be sent electronically or otherwise free of charge upon the consumer's request before the distance agreement is concluded.
In the event that specific product or service terms also apply in addition to these general terms and conditions, the second and third paragraphs will apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to him in case of contradictory conditions.

Article 4 - The offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of the acceptance of the offer electronically without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may, within legal frameworks, investigate whether the consumer can meet his payment obligations, as well as all facts and factors that are relevant for a responsible conclusion of the distance agreement. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, he is entitled to refuse an order or request with a reasoned statement or to attach special conditions to the execution.
The entrepreneur will provide the consumer with the following information in writing, or in such a way that the consumer can easily store it on a durable medium, at the latest upon delivery of the product, service, or digital content:
the visiting address of the entrepreneur's establishment where the consumer can address complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion from the right of withdrawal;
the information about warranties and existing after-sales service;
the price including all taxes of the product, service, or digital content; if applicable, the costs of delivery; and the manner of payment, delivery, or execution of the distance agreement;
the requirements for termination of 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 durable transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

For products:

The consumer can dissolve an agreement concerning the purchase of a product during a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but cannot require the consumer to provide his reason(s).
The reflection period mentioned in paragraph 1 starts the day after the consumer, or a previously designated third party who is not the carrier, has received the product, or:
if the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order for multiple products with different delivery times if he has clearly informed the consumer about this prior to the ordering process.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
in the case of agreements for the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by him, has received the first product.

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

The consumer can dissolve a service agreement and an agreement for the delivery of digital content not delivered on a tangible medium for at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but cannot require the consumer to provide his reason(s).
The reflection period mentioned in paragraph 3 starts the day after the agreement is concluded.

Extended reflection period for products, services, and digital content not delivered on a tangible medium if not informed about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period established according to the previous paragraphs of this article.
If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.

Article 7 - Consumer obligations during the reflection period

During the reflection period, the consumer will handle the product and packaging with care. He will unpack or use the product only to the extent necessary to establish the nature, characteristics, and functioning of the product. The principle here is that the consumer may handle and inspect the product only as he would be allowed to do in a store.
The consumer is only liable for depreciation of the product resulting from handling the product that goes beyond what is allowed in paragraph 1.
The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercising the right of withdrawal by the consumer and its costs

If the consumer exercises his right of withdrawal, he must notify the entrepreneur within the reflection period using the model withdrawal form or in any other unambiguous way.
As soon as possible, but within 14 days from the day following the notification mentioned in paragraph 1, the consumer will return the product, or hand it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product himself. The consumer has complied with the return period if he returns the product before the reflection period has expired.
The consumer returns the product with all supplied accessories, if reasonably possible in original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur states that he will bear the costs, the consumer does not have to bear the costs for return.
If the consumer withdraws after expressly requesting the performance of the service or the delivery of gas, water, or electricity that has not been made ready for sale in a limited volume or a specified quantity begins during the reflection period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, in comparison with the full performance of the obligation.
The consumer incurs no costs for the performance of services or the delivery of water, gas, or electricity that has not been made ready for sale in a limited volume or quantity, or for the delivery of district heating, if:
the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost compensation upon withdrawal, or the model withdrawal form; or;
the consumer has not expressly requested the commencement of the performance of the service or delivery of gas, water, electricity, or district heating during the reflection period.
The consumer incurs no costs for the full or partial delivery of digital content not delivered on a tangible medium if:
he has not expressly consented to the commencement of performance of the agreement before the end of the reflection period;
he has not acknowledged that he loses his right of withdrawal upon granting his consent; or
the entrepreneur has failed to confirm this statement from the consumer.
If the consumer exercises his right of withdrawal, all supplementary agreements are automatically dissolved.

Article 9 - Obligations of the entrepreneur in case of withdrawal

If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will send an acknowledgment of receipt without delay after receiving this notification.
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 notified him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with the reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever occurs first.
The entrepreneur uses the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if he has explicitly stated this in the offer, at least in a timely manner before the conclusion of the agreement:

Products or services whose price is linked to fluctuations in the financial market that the entrepreneur cannot influence and that may occur during the withdrawal period.
Agreements concluded during a public auction. A public auction is understood to be a sales method whereby products, digital content, and/or services are offered by the entrepreneur to a consumer who is present in person or has the opportunity to be present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
Service agreements, after full performance of the service, but only if:
performance has begun with the consumer's express prior consent; and
the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
Package tours as defined in Article 7:500 BW and agreements for passenger transport;
Service agreements for the provision of accommodation, if a specific date or period of performance is provided in the agreement and other than for residential purposes, goods transportation, car rental services, and catering;
Agreements concerning leisure activities, if a specific date or period of performance is provided in the agreement;
products manufactured according to consumer specifications, which are not prefabricated and which are produced on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
products that are perishable or have a limited shelf life;
sealed products that are not suitable for return for health protection or hygiene reasons and whose seal has been broken after delivery;
products that, by their nature, have been irrevocably mixed with other products after delivery;
alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only occur after 30 days, and whose actual value depends on fluctuations in the market not influenced by the entrepreneur;
sealed audio, video recordings, and computer software, whose seal has been broken after delivery;
newspapers, magazines, or periodicals, with the exception of subscriptions to them;
the delivery of digital content other than on a tangible medium, but only if:
performance has begun with the consumer's express prior consent; and
the consumer has declared that he loses his right of withdrawal.

Article 11 - The price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and which the entrepreneur cannot influence, at variable prices. This linkage to fluctuations and the fact that any prices quoted are guide prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed this and:

a. these arise from legal regulations or provisions; or

b. the consumer has the authority to terminate the agreement as of the day the price increase takes effect.

The prices mentioned in the offer of products or services are inclusive of VAT.

Article 12 - Performance of agreement and additional guarantee

The entrepreneur ensures that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations applicable on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for use other than normal.
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 under the agreement if the entrepreneur fails to comply with his part of the agreement.
Additional guarantee refers to any commitment from the entrepreneur, his supplier, importer, or producer, where he grants the consumer certain rights or claims that go beyond what he is legally obligated to do in the event he has defaulted on his part of the agreement.

Article 13 - Delivery and execution

The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
Subject to the provisions mentioned in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders promptly but no later than within 30 days, unless a different delivery time has been agreed upon. If the delivery is delayed or if an order can only be executed partially, the consumer will receive notification no later than 30 days after he placed the order. In that case, the consumer has the right to dissolve the agreement at no cost and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount the consumer has paid without delay.
The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 14 - Duration transactions: duration, cancellation, and extension

Cancellation:

The consumer can cancel an agreement entered into for an indefinite period that aims at the regular delivery of products (including electricity) or services at any time with due observance of the agreed cancellation rules and a maximum notice period of one month.
The consumer can cancel an agreement entered into for a definite period that aims at the regular delivery of products (including electricity) or services at any time at the end of the specified term with due observance of the agreed cancellation rules and a maximum notice period of one month.
The consumer can cancel the agreements referred to in the previous paragraphs:

at any time and is not limited to cancellation at a specific time or within a specific period;
at least cancel in the same manner as they were entered into by him;
always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension:

An agreement entered into for a specific period that aims at the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a specific period.
Notwithstanding the previous paragraph, an agreement entered into for a specific period that aims at the regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a specific period of a maximum of three months, provided the consumer is allowed to terminate the extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a specific period that aims at the regular delivery of products or services may only be extended automatically for an indefinite period if the consumer can always cancel with a notice period of no more than one month. The notice period is at most three months if the agreement aims at the regular delivery of daily, news, and weekly newspapers and magazines, but less than once a month.
An agreement for a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) does not continue automatically and ends 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 no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment

Unless otherwise provided in the agreement or supplementary conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period begins on the day after the consumer has received confirmation of the agreement.
In the sale of products to consumers, the consumer may never be obliged in general terms to make a prepayment of more than 50%. If a prepayment has been agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed prepayment has taken place.
The consumer has the duty to report any inaccuracies in provided or stated payment details without delay to the entrepreneur.
If the consumer fails to fulfill his payment obligation(s) in time, he is liable, after being reminded by the entrepreneur about the late payment and the entrepreneur has granted the consumer a period of 14 days from the day of receipt of the reminder to fulfill his payment obligations, and after the expiration of payment within this 14-day period, the statutory interest on the amount due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of 15% over outstanding amounts up to €2,500; 10% over the subsequent €2,500; and 5% over the next €5,000, with a minimum of €40. The entrepreneur may deviate from the mentioned amounts and percentages to the consumer's advantage.

Article 16 - Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.
A complaint about a product, service or the entrepreneur's service can also be submitted via a complaint form on the consumer page of the Thuiswinkel.org website www.thuiswinkel.org. The complaint will then be sent to both the relevant entrepreneur and to Thuiswinkel.org.
The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 - Disputes

Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms apply. If the entrepreneur directs his activities to the country where the consumer resides, the consumer may also always invoke the mandatory consumer law of his country.
Disputes between the consumer and the entrepreneur regarding the conclusion or execution of agreements related to products and services supplied or provided by this entrepreneur may, subject to the provisions of the following paragraphs, be submitted by both the consumer and the entrepreneur to the Disputes Committee Thuiswinkel, Postbus 90600, 2509 LP The Hague (www.sgc.nl).
A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur in a timely manner.
If the complaint does not lead to a solution, the dispute must be submitted in writing or in another form determined by the Committee to the Disputes Committee within 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer first informs the entrepreneur of this.
If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must express in writing within five weeks of a request in writing made by the entrepreneur whether he also wishes to do so or whether he wishes the dispute to be handled by the competent court. If the entrepreneur does not receive the consumer's choice within the five-week period, he is entitled to submit the dispute to the competent court.
The Disputes Committee decides under the conditions as laid down in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made by way of binding advice.
The Disputes Committee will not handle a dispute or will cease to do so if the entrepreneur has been granted a suspension of payments, has become bankrupt, or has factually ceased operations before a dispute has been heard by the committee and a final ruling has been made.
If besides the Disputes Committee Thuiswinkel, another recognized dispute resolution committee affiliated with the Foundation for Consumer Affairs Dispute Committees (SGC) or the Complaints Institute Financial Services (Kifid) is competent, the Disputes Committee Thuiswinkel is preferably competent for disputes primarily concerning the method of remote sale or service. For all other disputes, the other recognized dispute resolution committee affiliated with SGC or Kifid is competent.

Article 18 - Industry guarantee

Thuiswinkel.org guarantees compliance with the binding advice of the Disputes Committee Thuiswinkel by its members, unless the member decides to submit the binding advice to the court for review within two months after its dispatch. This guarantee is restored if the binding advice is upheld after review by the court and the judgment confirming this has become final. Up to a maximum amount of €10,000 per binding advice, this amount will be paid out by Thuiswinkel.org to the consumer. For amounts greater than €10,000 per binding advice, €10,000 will be paid out. For the excess amount, Thuiswinkel.org has an obligation to make efforts to ensure that the member complies with the binding advice.
To apply this guarantee, it is required that the consumer makes a written claim to Thuiswinkel.org and that he transfers his claim against the entrepreneur to Thuiswinkel.org. If the claim against the entrepreneur exceeds €10,000, the consumer is offered to transfer his claim to Thuiswinkel.org for the amount exceeding €10,000, after which this organization will demand payment of that amount from the entrepreneur in its own name and at its own expense for the benefit of the consumer.

Article 19 - Additional or deviating provisions

Additional or deviating provisions from these general terms may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

Article 20 - Modification of the General Terms of Sale

Changes to these terms will only take effect after they have been published in an appropriate manner, with the understanding that in the case of applicable changes during the term of an offer, the provision that is most favorable for the consumer will prevail.

Thuiswinkel.org

www.thuiswinkel.org

Horaplantsoen 20, 6717 LT Ede

P.O. Box 7001, 6710 CB Ede

Annex I: Model withdrawal form

Model withdrawal form

(this form should only be filled in and returned if you wish to withdraw from the agreement)

-To: [ name entrepreneur]

[ geographical address entrepreneur]

[ fax number entrepreneur, if available]

[ email address or electronic address of entrepreneur]

-I/We* hereby inform you that I/we* withdraw from our agreement regarding

the sale of the following products: [designation product]*

the delivery of the following digital content: [designation digital content]*

the provision of the following service: [designation service]*,

withdraw/were withdrawn*

-Ordered on*/received on* [date of order for services or date of receipt for products]

-[Name consumer(s)]

-[Address consumer(s)]

-[Signature consumer(s)] (only when this form is submitted on paper)

-[Date]

* Strike out what is not applicable or fill in what is applicable.