Terms of service
These General Terms and Conditions of Stichting Webshop Keurmerk have been drawn up in consultation with the Consumers’ Association (Consumentenbond) within the framework of the Self-Regulation Consultation Coordination Group (CZ) of the Social and Economic Council and enter into force as of 1 June 2014.
These General Terms and Conditions will be used by all members of Stichting Webshop Keurmerk, with the exception of financial services as referred to in the Financial Supervision Act (Wet Financieel Toezicht) and insofar as these services are supervised by the Netherlands Authority for the Financial Markets (Autoriteit Financiële Markten).
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 – Obligations of the consumer during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and the costs thereof
Article 9 – Obligations of the entrepreneur in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance and additional warranty
Article 13 – Delivery and execution
Article 14 – Continuous transactions: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Industry guarantee
Article 19 – Additional or deviating provisions
Article 20 – Amendment of the General Terms and Conditions of Stichting Webshop Keurmerk
Article 1 – Definitions
In these terms and conditions, 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 items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
Consumer: the natural person who does not act for purposes relating to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Continuous agreement: an agreement that provides for the regular supply of goods, services and/or digital content over a certain period;
Durable data carrier: any means – including email – that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
Right of withdrawal: the consumer’s option to withdraw from the distance agreement within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products, (access to) digital content and/or services to consumers at a distance;
Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made of one or more means of distance communication up to and including the conclusion of the agreement;
Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions;
Means of distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being present in the same place at the same time;
Article 2 – Identity of the entrepreneur
Name of entrepreneur: Alpine Nederland B.V.; Registered address: Europalaan 40, 3526 KS Utrecht
Telephone number and times at which the entrepreneur can be reached by phone: 0346 – 333350, Monday to Friday from 8:30 AM to 5:00 PM
Email address or other electronic means of communication offered to the consumer with the same functionality as email: support@earplugssale.shop
Chamber of Commerce number: 32094029
VAT identification number: NL812070811B01
If the activity of the entrepreneur is subject to a relevant licensing system: details of the supervisory authority; If the entrepreneur exercises a regulated profession:
the professional association or organisation to which he is affiliated;
the professional title, the place in the EU or the European Economic Area where it was granted;
a reference to the professional rules applicable in the Netherlands and information on where and how these professional rules can be accessed.
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance agreement is concluded how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge at the consumer’s request as soon as possible.
If the distance agreement is concluded electronically, then, contrary to the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions the consumer may always rely on the applicable provision that is most favourable to him.
Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer.
Article 5 – The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur 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 entrepreneur will observe appropriate security measures.
Within legal frameworks, the entrepreneur may investigate whether the consumer can meet his payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If the entrepreneur has good grounds not to enter into the agreement on the basis of this investigation, he is entitled to refuse an order or request with justification or to attach special conditions to its execution.
At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will provide the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier: the visiting address of the entrepreneur’s establishment where the consumer can submit complaints; the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; information about warranties and existing after-sales service; the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method 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 for an indefinite period; if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
For products:
The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal but may not oblige him to state his reason(s).
The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, 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, provided he clearly informed the consumer of this prior to the ordering process;
if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
for agreements for regular delivery of products over a certain 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 supplied on a tangible medium:
The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during a cooling-off period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal but may not oblige him to state his reason(s).
The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the entrepreneur provides the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the cooling-off period
During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is only liable for any reduction in value of the product resulting from handling beyond what is permitted in paragraph 1.
The consumer is not liable for any reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 – Exercise of the right of withdrawal by the consumer and the costs thereof
If the consumer exercises the right of withdrawal, he shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the entrepreneur or an authorised representative. This is not required if the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any event if he returns the product before the cooling-off period has expired.
The consumer shall return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and 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 indicated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs of return shipment.
If the consumer withdraws after having expressly requested that the performance of the service or the supply of gas, water or electricity not prepared for sale in a limited volume or quantity begins during the cooling-off period, the consumer shall owe the entrepreneur an amount proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to full performance of the obligation.
The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity not prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost compensation in case of withdrawal or the model withdrawal form; or
the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
he has not expressly agreed prior to delivery to commence performance of the agreement before the end of the cooling-off period;
he has not acknowledged losing his right of withdrawal when giving his consent; or
the entrepreneur has failed to confirm this statement from the consumer.
If the consumer exercises the right of withdrawal, all additional agreements are dissolved by operation of law.
Article 9 – Obligations of the entrepreneur in the event of withdrawal
If the entrepreneur enables notification of withdrawal electronically, he shall send an acknowledgement of receipt immediately after receiving such notification.
The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay and within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer provides proof that the product has been returned, whichever occurs first.
The entrepreneur shall use the same means of payment for reimbursement as the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to reimburse 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 the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:
Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction means a method of sale whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
Service 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 once the entrepreneur has fully performed the agreement;
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance thereof;
Products manufactured according to the consumer’s specifications, which are not prefabricated and are produced on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products which after delivery are by their nature irreversibly mixed with other products;
Alcoholic beverages whose price has been agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
Sealed audio and video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions;
The supply 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 thereby loses his right of withdrawal.
Article 11 – The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within three months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from three months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and the consumer has the right to terminate the agreement as of the day the price increase takes effect.
The prices stated in the offer of products or services include VAT.
Article 12 – Performance of the agreement and additional warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable standards of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
Any additional warranty provided by the entrepreneur, his supplier, manufacturer or importer does not limit the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil his part of the agreement.
An additional warranty means any obligation by the entrepreneur, his supplier, importer or producer whereby rights or claims are granted to the consumer beyond what is legally required in the event of non-performance.
Article 13 – Delivery and execution
The entrepreneur will exercise the greatest possible care in receiving and executing orders for products and in assessing applications for services.
The place of delivery is the address provided by the consumer to the entrepreneur.
With due observance of what is stated in Article 4, the entrepreneur will execute accepted orders with due speed but no later than 30 days, unless another delivery period has been agreed. If delivery is delayed or if an order cannot be executed or only partially executed, the consumer will be informed no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
After dissolution, the entrepreneur will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a previously designated representative known to the entrepreneur, unless explicitly agreed otherwise.
Article 14 – Continuous transactions: duration, termination and renewal
Termination:
The consumer may terminate an agreement entered into for an indefinite period and which provides for the regular supply of products or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a fixed period which provides for the regular supply of products or services at the end of the fixed period, subject to agreed termination rules and a notice period of no more than one month.
The consumer may always terminate the agreements referred to above, is not limited to termination at a specific time or during a specific period, may terminate at least in the same manner as the agreement was entered into, and may always terminate with the same notice period as the entrepreneur has stipulated for himself.
Renewal:
An agreement entered into for a fixed period which provides for the regular supply of products or services may not be tacitly renewed or extended for a fixed period.
Contrary to the previous paragraph, an agreement entered into for a fixed period which provides for the regular supply of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, provided that the consumer may terminate the extended agreement at the end of the renewal with a notice period of no more than one month.
An agreement entered into for a fixed period which provides for the regular supply of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month.
A trial or introductory subscription for daily, news and weekly newspapers and magazines is not tacitly continued and ends automatically after the trial 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 stipulated in the agreement or additional conditions, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or if no cooling-off period applies, within 14 days after the conclusion of the agreement.
In the sale of products to consumers, advance payment of more than 50% may never be required. If advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the order or services before the agreed advance payment has been made.
The consumer is obliged to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
If the consumer fails to meet his payment obligations on time, after being informed of the late payment and granted a period of 14 days to comply, the consumer will owe statutory interest on the outstanding amount and the entrepreneur is entitled to charge extrajudicial collection costs, up to the legally permitted maximums.
Article 16 – Complaints procedure
The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
Complaints regarding the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
Complaints may also be submitted via the complaints form on the consumer page of Stichting Webshop Keurmerk. The complaint will then be sent to both the entrepreneur and Stichting Webshop Keurmerk.
If the complaint cannot be resolved within a reasonable period or within three months, a dispute arises that is subject to the dispute resolution procedure.
Article 17 – Disputes
Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Disputes may be submitted to the Disputes Committee Webshop, provided the consumer has first submitted the complaint to the entrepreneur within a reasonable time.
The Disputes Committee issues binding advice under the conditions laid down in its regulations.
Article 18 – Industry guarantee
Stichting Webshop Keurmerk guarantees compliance by its members with binding advice issued by the Disputes Committee, subject to the stated conditions.
Article 19 – Additional or deviating provisions
Additional or deviating provisions may not be to the detriment of the consumer and must be recorded in writing or in a manner that allows storage on a durable data carrier.
Article 20 – Amendment of the General Terms and Conditions of Stichting Webshop Keurmerk
Stichting Webshop Keurmerk will only amend these terms and conditions in consultation with the Consumers’ Association. Amendments take effect only after publication in an appropriate manner.
Address Stichting Webshop Keurmerk: Willemsparkweg 193, 1071 HA Amsterdam
Last amended: 1 July 2015