Terms and Conditions
General Terms and Conditions Webshop Quality Mark Foundation
These General Terms and Conditions of the Webshop Keurmerk Foundation have been drawn up in consultation with the Consumers' Association and NTO in the context of the Self-Regulatory Consultation Coordination Group (CZ) of the Social and Economic Council and will come into effect for the Webshop Keurmerk Foundation on 1 July 2012.
These General Terms and Conditions will be used by all members of the Stichting Webshop Keurmerk with the exception of financial services as referred to in the Financial Supervision Act and insofar as these services are supervised by the Netherlands Authority for the Financial Markets.
ARTICLE 1 - Definitions 2
ARTICLE 2 - Identity of the entrepreneur 3
ARTICLE 3 - Applicability 3
ARTICLE 4 - The offer 3
ARTICLE 5 - The agreement 4
ARTICLE 6 - Right of withdrawal 5
ARTICLE 7 - Costs in case of withdrawal 5
ARTICLE 8 - Exclusion right of withdrawal 5
ARTICLE 9 - The price 6
ARTICLE 10 - Conformity and Warranty 6
ARTICLE 11 - Delivery and execution 6
ARTICLE 12 - Duration transactions duration, cancellation and extension 7
ARTICLE 13 - Payment 8
ARTICLE 14 - Complaints procedure 8
ARTICLE 15 - Disputes 8
ARTICLE 16 - Industry guarantee 9
ARTICLE 17 - Additional or different provisions 9
ARTICLE 18 - Amendment of the general terms and conditions of Stichting Webshop Keurmerk
ARTICLE 1 - DEFINITIONS
In these terms and conditions the following definitions apply:
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of the Webshop Keurmerk Foundation and who offers products and/or services to consumers at a distance;
Distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.
Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur meeting simultaneously in the same room.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Name of entrepreneur: Zandri B.V.
Business address: De Ren 4, 6562 JK, Groesbeek, the Netherlands
Visiting address, if different from the business address:
Telephone number and time(s) at which the entrepreneur can be reached by telephone: +31 24 760 0900 (Monday- Friday 9.00-17.00
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: 58946004
VAT identification number: NL853249635B01
ARTICLE 3 - APPLICABILITY
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it is consumer can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that applies to him in the event of conflicting general terms and conditions.
ARTICLE 4 - THE OFFER
1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any delivery costs;
- the way in which the agreement will be concluded and which actions
- are necessary for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the term for acceptance of the offer, or the term within which the
- entrepreneur guarantees the price;
- the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by the consumer;
- the way in which the consumer, before concluding the agreement, can check the information provided by him in the context of the agreement and, if desired, restore any other languages in which the agreement can be concluded, in addition to Dutch;
- the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the case of a long-term transaction.
ARTICLE 5 - THE AGREEMENT
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. 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 safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can inform himself - within legal frameworks - whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the implementation.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
When delivering products:
1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and the packaging with care.
When providing services:
3. When providing services, the consumer has the option to dissolve the agreement without stating reasons during at least fourteen days, commencing on the day of entering into the agreement.
4. To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
5. The consumer must report the defect in the purchased item to the seller within two months after discovery of the damage.
The limitation period for complaints about defects is two years from the notification of the defect.
Apart from the contractual claims for damages under Sections 9 and 10 of Title 1 of Book 6 of the Civil Code, the seller has no liability to the buyer for consequential or personal injury due to safety defects. of the purchased thing (BW 6:186, BW 7:24).
ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL
1. If the consumer makes use of his right of withdrawal, at most the costs of return will be for his account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
ARTICLE 8 - EXCLUSION RIGHT OF WITHDRAWAL
1. The entrepreneur can exclude the consumer's right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been established by the entrepreneur in accordance with the consumer's specifications;
b. which are clearly personal in nature;
c. which by their nature cannot be returned;
d. which can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
b. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
c. concerning betting and lotteries.
ARTICLE 9 - THE PRICE
1. 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 as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
ARTICLE 10 - CONFORMITY AND WARRANTY
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the statutory provisions existing on the date of the conclusion of the agreement. regulations and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
ARTICLE 11 - DELIVERY AND PERFORMANCE
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
ARTICLE 12 - DURATION TRANSACTIONS DURATION, CANCELLATION AND EXTENSION
1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, with due observance of the agreed cancellation rules and a notice period of at most one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period. of a maximum of one month.
3. The consumer can conclude the agreements referred to in the previous paragraphs:
- cancel at any time and are not limited to cancellation at a specific time or in a specific period;
- at least cancel in the same way as they entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
4. An agreement that has been entered into for a definite period and which extends to the settled
delivery of products (including electricity) or services, may not be tacitly extended or renewed for a specified period.
5. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer has extended this can terminate the agreement towards the end of the extension with a notice period of no more than one month.
6. An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of at most one month and a notice period of a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or
ARTICLE 13 - PAYMENT
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period as referred to in Article 6 paragraph 1. In the event of an agreement to provide a service, this period shall after the consumer has received confirmation of the agreement. The credit card holder will be charged immediately for payment.
2. When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
ARTICLE 14 - COMPLAINTS PROCEDURE
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur, fully and clearly described, 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 answer within the period of 14 days with a notification 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 complaint form from the website of the Webshop Keurmerk Foundation www.keur.info. The complaint will then be sent to the relevant entrepreneur as well as to the Stichting Webshop Keurmerk.
5. If the complaint cannot be resolved in mutual consultation, a dispute will arise that is subject to the dispute settlement procedure.
ARTICLE 15 - DISPUTES
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. Disputes between the consumer and the entrepreneur about the conclusion or implementation of agreements with regard to products and services to be delivered or delivered by this entrepreneur, may, with due observance of the provisions below,
submitted by both the consumer and the entrepreneur to the Webshop Disputes Committee, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
3. A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
4. No later than three months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer will have to state in writing within five weeks after a written request to that effect by the entrepreneur whether he also wishes to do so or whether he wants the dispute to be handled by the competent court. If the entrepreneur is not informed of the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee makes a decision under the conditions as laid down in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by way of binding advice.
7. The Disputes Committee will not deal with a dispute or will discontinue the handling if the entrepreneur has been granted a suspension of payments, has gone bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the committee at the hearing and a final verdict has been given.
8. If, in addition to the Webshop Disputes Committee, another disputes committee recognized or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Disputes Committee for the Webshop is competent for disputes mainly concerning the method of selling or providing services at a distance. exclusion authorized. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.
ARTICLE 16 - INDUSTRY WARRANTY
1. The Stichting Webshop Keurmerk guarantees compliance with the binding advice of the Webshop Disputes Committee by its members, unless the member decides to submit the binding advice to the court for review within two months after it has been sent. This guarantee is revived if the binding advice has remained in force after review by the court and the judgment from which this appears has become final. Up to a maximum amount of €10,000 per binding advice, this amount will be paid to the consumer by the Stichting Webshop Keurmerk. For amounts greater than €10,000 per binding advice, €10,000 will be paid out. For the excess, the Webshop Keurmerk Foundation has a best efforts obligation to ensure that the member complies with the binding advice.
2. The application of this guarantee requires that the consumer makes a written appeal to the Webshop Keurmerk Foundation and that he transfers his claim against the entrepreneur to the Webshop Keurmerk Foundation. If the claim against the entrepreneur exceeds €10,000, the consumer is offered to transfer his claim insofar as it exceeds the amount of €10,000 to the Stichting Webshop Keurmerk, after which this organization will pay the claim in its own name and at the expense of the entrepreneur. will demand payment thereof in court to satisfy the consumer.
ARTICLE 17 - ADDITIONAL OR DIFFERENT PROVISIONS
Additional provisions or provisions that deviate from these general 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 data carrier.
ARTICLE 18 - AMENDMENT OF THE GENERAL TERMS AND CONDITIONS WEBSHOP TRADEMARK
1. The Stichting Webshop Keurmerk will not change these general terms and conditions except in consultation with the Consumers' Association.
2. Changes to these terms and conditions will only take effect after they have been published in an appropriate manner, on the understanding that in the event of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.
Address Stichting Webshop Hallmark:
Willemsparkweg 193, 1071 HA Amsterdam
Zandri respects the privacy of all users of its site and ensures that the personal information you provide is treated confidentially. We use your data to process orders as quickly and easily as possible. For the rest, we will only use this information with your permission. Zandri will not sell your personal information to third parties and will only make it available to third parties involved in processing your order.
Zandri uses the collected data to provide its customers with the following services:
If you place an order, we need your name, e-mail address, delivery address and payment details to process your order and to keep you informed of its progress.
In order to make shopping at Zandri as pleasant as possible, we store your personal data and the data related to your order and the use of our services with your permission. This allows us to personalize the website.
We use your e-mail address to inform you about the development of the website and about special offers and promotions. If you no longer appreciate this, you can unsubscribe on our website.
If you place an order with Zandri , we will store your data on a Secure Server, if desired. You can enter a username and password so that your name and address, telephone number, e-mail address, delivery and payment details, so that you do not have to enter these with every new order.
Data about the use of our site and the feedback we receive from our visitors help us to further develop and improve our site.
If you decide to write a review, you can choose whether to add your name or other personal information. We are curious about the opinions of our visitors, but reserve the right not to publish contributions that do not meet our site conditions.
If you respond to a promotion or competition, we ask for your name, address and e-mail address. We use this data to carry out the promotion, announce the prize winner(s), and measure the response to our marketing campaigns.
Zandri does not sell your data
Zandri will not sell your personal information to third parties and will only make it available to third parties that are involved in processing your order. Our employees and third parties engaged by us are obliged to respect the confidentiality of your data.