General Terms and Conditions of the Webshop Keurmerk Foundation

These General Terms and Conditions of the Webshop Keurmerk Foundation have been drawn up in consultation with the Consumers’ Association and NTO within the framework of the Coordination Group for Self-Regulation (CZ) of the Social and Economic Council, and entered into force for the Webshop Keurmerk Foundation on 1 July 2012.

These General Terms and Conditions shall be used by all members of the Webshop Keurmerk Foundation, with the exception of financial services as referred to in the Financial Supervision Act, insofar as these services are subject to the supervision of the Netherlands Authority for the Financial Markets.

ARTICLE 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the trader;
Day: calendar day;
Long-term contract: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
Durable data carrier: any device that enables the consumer or trader to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period;
Trader: 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: a contract concluded within the framework of a system organized by the trader for the distance sale of products and/or services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
Means of distance communication: a medium that can be used to conclude a contract without the consumer and trader being simultaneously present in the same place.

ARTICLE 2 – Identity of the Trader

Trader’s name: Zandri B.V.
Registered address: De Ren 4, 6562 JK Groesbeek
Telephone number and availability: 024-760 0900
E-mail address: info@zandri.nl
Chamber of Commerce number: 58946004
VAT identification number: 853249635B01

ARTICLE 3 – Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected at the trader’s premises, and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the contract is concluded, be provided 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 contract is concluded where the general terms and conditions can be accessed electronically, and that they will be sent free of charge to the consumer electronically or otherwise at the consumer’s request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always rely on the applicable provision most favorable to him in the event of conflicting conditions.

ARTICLE 4 – The Offer

If an offer is of limited duration or subject to conditions, this shall be explicitly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.
Every offer contains information in such a way 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 what actions are required;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the contract;
the period for acceptance of the offer, or the period within which the trader guarantees the price;
the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the basic rate for the means of communication used;
whether the contract will be archived after its conclusion, and if so, how it can be accessed by the consumer;
the way in which the consumer can, before concluding the contract, check and, if desired, correct the data provided;
any other languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically;
the minimum duration of the distance contract in the event of a long-term transaction.

ARTICLE 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically. As long as this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.
The trader may, within the framework of the law, ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors relevant to a responsible conclusion of the distance contract. If the trader, on the basis of this investigation, has good grounds not to enter into the contract, he is entitled to refuse an order or request, giving reasons, or to attach special conditions to the execution.
The trader shall provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer on a durable data carrier, at the latest upon delivery of the product or service:
a. the address of the trader’s establishment where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about warranties and existing after-sales service;
d. the information referred to in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before the execution of the contract;
e. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a long-term contract, the provision in the previous paragraph applies only to the first delivery.

ARTICLE 6 – Right of Withdrawal

For the delivery of products

When purchasing products, the consumer has the right to dissolve the contract without giving reasons within 14 days. This cooling-off period commences on the day after the consumer, or a representative previously designated by the consumer and made known to the trader, has received the product.
During the cooling-off period, the consumer shall handle the product and packaging with care. He shall unpack or use the product only to the extent necessary to assess whether he wishes to retain it. If he exercises his right of withdrawal, he shall return the product to the trader with all delivered accessories and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

For the delivery of services

In the case of the provision of services, the consumer has the right to dissolve the contract without giving reasons for at least fourteen days, starting on the day of concluding the contract.
To exercise his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.
The consumer must notify the seller of a defect in the purchased item within two months of discovering the damage. The limitation period for complaints concerning defects is two years from the date of notification of the defect.

Apart from contractual claims for damages under Sections 9 and 10 of Title 1 of Book 6 of the Dutch Civil Code, the seller is not liable to the buyer for consequential damages or personal injury due to defects relating to the safety of the purchased item (BW 6:186, BW 7:24).

ARTICLE 7 – Costs in Case of Withdrawal

If the consumer exercises his right of withdrawal, at most he shall bear the costs of returning the goods.
If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 30 days after the return shipment or withdrawal.

ARTICLE 8 – Exclusion of the Right of Withdrawal

The trader may exclude the consumer’s right of withdrawal to the extent provided for in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the trader in accordance with the consumer’s specifications;
b. that are clearly personal in nature;
c. that by their nature cannot be returned;
d. that can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market that are beyond the trader’s control;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period;
b. the performance of which has begun with the express consent of the consumer before the cooling-off period has expired;
c. concerning betting and lotteries.

ARTICLE 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
In deviation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and which the trader cannot influence, at variable prices. This linkage to fluctuations and the fact that any stated prices are target prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the contract as of the day the price increase takes effect.
The prices stated in the offer of products or services include VAT.

ARTICLE 10 – Conformity and Warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
A warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the trader under the contract.

ARTICLE 11 – Delivery and Execution

The trader shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in Article 4 of these terms and conditions, the company shall execute accepted orders with due speed but at least within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer shall be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the contract free of charge and the right to possible compensation.
In the event of dissolution in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
If delivery of an ordered product proves impossible, the trader shall make every effort to provide a replacement article. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the trader.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative previously designated and made known to the trader, unless expressly agreed otherwise.

ARTICLE 12 – Long-term Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an indefinite contract that has been concluded for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract that has been concluded for the regular delivery of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
- at any time and not be limited to termination at a specific time or during a specific period;
- at least in the same way as they were entered into;
- always with the same notice period as the trader has stipulated for himself.

Renewal

A fixed-term contract that has been concluded for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.
In deviation from the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
A fixed-term contract that has been concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite term if the consumer may terminate it at any time with a notice period of no more than one month and with a notice period of no more than three months in the event the contract relates to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
A fixed-term contract for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and automatically ends after the trial or introductory period has expired.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract 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 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of a service contract, this period starts after the consumer has received confirmation of the contract. The credit card holder is charged immediately upon payment.
In the sale of products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.
The consumer has the duty to immediately report any inaccuracies in payment details provided or stated to the trader.
In the event of default by the consumer, the trader has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.

ARTICLE 14 – Complaints Procedure

The trader has a sufficiently publicized complaints procedure and shall handle the complaint in accordance with this complaints procedure.
Complaints about the execution of the contract must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the trader shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall reply within 14 days with a notice of receipt and an indication of when the consumer may expect a more detailed answer.
A complaint about a product, a service, or the trader’s service can also be submitted via a complaints form on the website of the Webshop Keurmerk Foundation www.keurmerk.info. The complaint will then be sent both to the relevant trader and to the Webshop Keurmerk Foundation.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

ARTICLE 15 – Disputes

Contracts between the trader and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
Disputes between the consumer and the trader regarding the formation or execution of contracts relating to products and services to be supplied or supplied by this trader may, subject to the provisions below, be submitted by both the consumer and the trader to the Webshop Disputes Committee, P.O. Box 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 trader within a reasonable time.
No later than three months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
If the consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by this choice. If the trader wishes to do so, the consumer must declare in writing within five weeks after a written request from the trader whether he also wishes this or prefers to have the dispute dealt with by the competent court. If the trader does not hear the consumer’s choice within the period of five weeks, the trader is entitled to submit the dispute to the competent court.
The Disputes Committee shall decide under the conditions set out in its regulations. The decisions of the Disputes Committee are binding advice.
The Disputes Committee will not handle a dispute or will cease handling it if the trader has been granted a suspension of payments, has been declared bankrupt, or has actually terminated his business activities before the dispute has been dealt with by the Committee at a hearing and a final decision has been given.
If, in addition to the Webshop Disputes Committee, another recognized disputes committee affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Webshop Disputes Committee is exclusively competent for disputes concerning the method of distance sales or services. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid is competent.

ARTICLE 16 – Industry Guarantee

The Webshop Keurmerk Foundation guarantees compliance with the binding decisions of the Webshop Disputes Committee by its members, unless the member decides to submit the binding decision to the court for review within two months of its dispatch. This guarantee revives if the binding decision has been upheld by the court and the judgment has become final. Up to a maximum amount of €10,000 per binding decision, this amount shall be paid to the consumer by the Webshop Keurmerk Foundation. For amounts greater than €10,000 per binding decision, €10,000 will be paid. For the excess amount, the Webshop Keurmerk Foundation has a best-efforts obligation to ensure that the member complies with the binding decision.
To apply this guarantee, the consumer must submit a written appeal to the Webshop Keurmerk Foundation and transfer his claim against the trader to the Webshop Keurmerk Foundation. If the claim against the trader exceeds €10,000, the consumer will be offered to transfer his claim exceeding the amount of €10,000 to the Webshop Keurmerk Foundation, after which this organization will pursue payment of the claim in court in its own name and at its own expense, in order to satisfy the consumer.

ARTICLE 17 – Additional or Deviating Provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer’s detriment and must be recorded in writing or in such a way that they can be stored by the consumer on a durable data carrier.

ARTICLE 18 – Amendment of the General Terms and Conditions of the Webshop Keurmerk Foundation

The Webshop Keurmerk Foundation will not amend these general terms and conditions other than in consultation with the Consumers’ Association.
Amendments to these terms and conditions will only take effect after they have been appropriately published, with the proviso that, in the case of applicable amendments during the validity of an offer, the provision most favorable to the consumer shall prevail.

Address of the Webshop Keurmerk Foundation:
Willemsparkweg 193, 1071 HA Amsterdam

Privacy

Zandri respects the privacy of all users of its site and ensures that the personal information you provide to us 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 consent. Zandri will not sell your personal data to third parties and will only make it available to third parties involved in executing your order.

Zandri uses the collected data to provide its customers with the following services:

When you place an order, we need your name, e-mail address, delivery address, and payment details to execute the order and keep you informed of its progress.
To make shopping at Zandri as pleasant as possible, with your consent we store your personal data, details regarding your order, and the use of our services. This allows us to personalize the website.
We use your e-mail address to inform you about website developments and about special offers and promotions. If you no longer wish to receive these, you can unsubscribe on our website.
When you place an order with Zandri, we can, if desired, store your data on a Secure Server. You can provide a username and password so that your name and address, telephone number, e-mail address, delivery, and payment details do not have to be entered again with each 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 details. We are curious about the opinions of our visitors, but we reserve the right not to publish contributions that do not comply with our site conditions.
If you respond to a promotion or competition, we will 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 involved in executing your order. Our employees and third parties engaged by us are obliged to respect the confidentiality of your data.

Cookies

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