Terms and Conditions

Conditions of Stichting Webshop Keurmerk

These Terms and Conditions of Webshop Keurmerk were drafted in consultation with the Consumer under the Self (CZ) of the Social and Economic Council and will become effective on June 1, 2014.

 

These Terms and Conditions shall be used by all members of the Webshop Hallmark excluding financial services referred to in the Act on Financial Supervision and provided these services under the supervision of the Financial Markets Authority.

 

 

Index:

Article 1 - Definitions

Article 2 - Identity of the EcoGardenShop

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the reflection

Article 8 - Exercise of the right of withdrawal by the consumer and costs

Article 9 - Obligations of the EcoGardenShop at withdrawal

Article 10 - Exclusion of withdrawal right

Article 11 - The price

Article 12 - Compliance and Warranty extension

Article 13 - Delivery and execution

Article 14 - Extended duration transactions: duration, termination and renewal

Article 15 - Payment

Article 16 - Complaints

Article 17 - Disputes

Article 18 - Trade Guarantee

Article 19 - Additional or different terms

Article 20 - Amendments to the General Conditions of Webshop Keurmerk

 

Article 1 - Definitions

In these conditions apply:

    
Supplementary Agreement means an agreement whereby the consumer products, digital content and / or services acquired are provided in connection with a distance contract and these goods, digital content and / or services by the EcoGardenShop or by a third party on the basis of an agreement between the third and EcoGardenShop;
    
Grace period: The period within which the consumer can exercise his right of withdrawal;
    
Consumer: the natural person who is acting for purposes relating to his trade, business, craft or profession;
    
Day: calendar day;
    
Digital content means data which are produced and supplied in digital form;
    
Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content for a certain period;
    
Durable medium: any device - including also e-mail - that the consumer or EcoGardenShop enables information addressed personally to him, to store in a way that future consultation or use for a period appropriate to the purpose for which it was intended, and which allows the unchanged reproduction of the information stored;
    
Right of withdrawal: the ability of the consumer to see within the waiting period of the contract;
    
EcoGardenShop: the natural or legal person who is a member of Stichting Webshop Keurmerk and products (access) digital content and / or remote services to the consumer offering;
    
Distance contract: an agreement to be concluded within the framework of an organized system for distance selling of goods, digital content and / or services, up to and including the conclusion of the contract made solely or partly use between EcoGardenShop and consumers is one or more means of distance communication;
    
Model withdrawal form: the European model withdrawal form set out in Appendix I of these conditions;
    
Technology for distance communication: means that can be used to conclude a contract, without the consumer and EcoGardenShop have to be met in the same area;

 

 

Article 2 - Identity of the seller

 

Name Entrepreneur: EcoGardenShop B.V.

Business address: Industrieweg 3x, 2712 LA Zoetermeer

Visiting address: Industrieweg 3x, 2712 LA Zoetermeer

Phone: 06-24168309 (Mon / Fri 9: 00-17: 00)

Email: [email protected]

Commercial Register: 60518383

VAT identification number: 8539.45.226

 

If the activity of the EcoGardenShop is subject to a relevant licensing regime:

information about the supervising authority;

 

If the EcoGardenShop a regulated profession:

- The professional association or organization with which he is affiliated;

- The professional title, the place in the EU or the European Economic Area in which it was granted;

- A reference to the professional rules applicable in the Netherlands and instructions where and how these professional rules accessible.

 

Article 3 - Applicability

    
These general conditions apply to every offer of the EcoGardenShop and any agreement reached at a distance between EcoGardenShop and consumers.
    
Before the contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, the EcoGardenShop before the contract is concluded, indicate how to see the terms and conditions of the EcoGardenShop are and that they are sent free of charge as soon as possible, at the request of the consumer.
    
If the contract is concluded electronically away, notwithstanding the preceding paragraph and before the contract is concluded, the text of these general conditions are made electronically available to the consumer in such a way that the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before the contract is concluded, indicated where the general conditions can be inspected electronically and that at the request of the consumer electronically or otherwise will be sent free of charge.
    
In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him .

 

Article 4 - The offer

    
If an offer has a limited duration or 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 sufficiently detailed to allow a proper assessment of the offer by the consumer. If EcoGardenShop uses images, these are a true reflection of the products, services and / or digital content. Obvious mistakes or errors in the offer do not bind the EcoGardenShop.
    
Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer.

 

Article 5 - The contract

    
The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
    
If the consumer has accepted the offer electronically, the EcoGardenShop immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the EcoGardenShop, the consumer may rescind the contract.
    
If the agreement is created electronically, the EcoGardenShop take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the purpose EcoGardenShop will take appropriate security measures.
    
The EcoGardenShop can within the law - inform the consumer's ability to meet its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the EcoGardenShop under this investigation was justified not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
    
The EcoGardenShop will look upon delivery of the product, service or digital content to the consumer 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 medium, send:

A. The address of the establishment of the EcoGardenShop where consumers can lodge complaints;

b. the conditions under which and the manner in which the right of withdrawal consumer can be exercised, or a clear statement regarding the exclusion of the right of withdrawal;

c. information on guarantees and after sales service;

d. the price including all taxes of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or performance of the contract;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;

f. If the consumer has a right of withdrawal and the model withdrawal form.

    
In the event of an extended transaction is the provision in the previous paragraph applies only to the first delivery.

 

Article 6 - Right of withdrawal

For products:

    
The consumer may rescind an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving any reason. The EcoGardenShop may ask consumers about the reason for withdrawal, but does not commit to stating his reason (s).
    
In paragraph 1 period begins on the day after the consumer, or a pre-designated by the consumer third party other than the carrier has received the product, or:
    
if the consumer ordered several products in the same order: the day on which the consumer or a third party designated by him, has received the final product. The EcoGardenShop allowed provided they pay the consumer has informed here prior to the ordering process in a clear manner, refusing an order for multiple products with different delivery time.
    
if the supply of a product consisting of multiple lots or pieces, the day on which the consumer or a third party designated by the final shipment or the last item has been received;

    
the contract is for regular delivery of goods during a certain period, the day on which the consumer or a third party designated by him, received the first product.

 

In services and digital content which is not supplied on a tangible medium:

    
The consumer has a service contract and a contract for the supply of digital content which is not supplied on a tangible medium dissolve for at least 14 days without giving any reason. The EcoGardenShop may ask consumers about the reason for withdrawal, but does not commit to stating his reason (s).
    
The waiting period referred to in paragraph 3 shall begin on the day following the conclusion of the contract.

 

Extended cooling-off period for products, services and digital content which is not supplied on a tangible medium by not informing right of withdrawal:

    
If the EcoGardenShop consumers the information required by law about the right of withdrawal if the model form is not provided for withdrawal, the withdrawal period shall expire twelve months after the end of the original period of reflection determined in accordance with the preceding paragraphs of this article.
    
If the EcoGardenShop the provided information to the consumer as referred to in the preceding paragraph within twelve months after the effective date of the initial grace period, the grace period will expire 14 days from the day the consumer receives that information.

 

Article 7 - Obligations of the consumer during the reflection

    
During this period the consumer will treat the product and packaging. He will only extract the product or use to the extent that is necessary in order to determine the nature, characteristics and functioning of the product. The premise here is that the consumer should only handle and inspect the product as he would be allowed to do in a shop.
    
The consumer shall only be liable for diminished value of the product which is the result of a way of dealing with the product beyond permitted in paragraph 1.
    
The consumer is not liable for diminished value of the product as the EcoGardenShop him not to or at the conclusion of the agreement has provided all information required by law about the right of withdrawal.

 

Article 8 - Exercise of the right of withdrawal by the consumer and costs

    
If the consumer exercises his right of withdrawal, he shall within the cooling-off period using the model withdrawal form or any other unequivocal manner the EcoGardenShop.
    
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, whether he hands it to (a representative of) the EcoGardenShop. This does not offered as EcoGardenShop pick up the product itself. The consumer is back transmission period observed in any case like to return the product before the waiting period has expired.
    
The consumer shall send back the product with all accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the EcoGardenShop.
    
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal on the consumer.
    
The consumer must bear the direct cost of returning the product. If EcoGardenShop has not notified the consumer has to bear them or if the EcoGardenShop indicates to bear the costs themselves, consumers do not bear the return shipping costs.
    
If the consumer withdraws after first having expressly requested that the provision of the service or the supply of gas, water or electricity which are not put up for sale in a limited volume or certain amount begin during the withdrawal period, the consumer is the EcoGardenShop a amount due proportion to that part of the commitment which is fulfilled by the EcoGardenShop at the time of withdrawal, compared to the full performance of the obligation.
    
The consumer shall bear no cost for the performance of services or the supply of water, gas or electricity, where they are not put up for sale in a limited volume or quantity, or the supply of district heating, provided that:
    
the EcoGardenShop consumers statutory notice of the withdrawal right, the allowance has not been provided in case of withdrawal and the model withdrawal form, or;
    
the consumer does not explicitly the beginning of the implementation of the service or supply of gas, water, electricity or district heating requested during the reflection period.
        
The consumer shall bear no cost for the total or partial delivery of digital content not supplied on a tangible medium where:
        
he prior to their delivery has not expressly agreed to the start of the fulfillment of the contract before the end of the reflection period;
        
he has not acknowledged that he loses his right of withdrawal when giving his consent; whether
        
the EcoGardenShop failed to confirm this consumer statement.
            
If the consumer exercises his right of withdrawal, canceled all additional agreements of law.

 

Article 9 - Obligations of the EcoGardenShop at withdrawal

    
If EcoGardenShop the notification of withdrawal by the consumer electronically allows, it sends an acknowledgment immediately upon receipt of this notification.
    
The EcoGardenShop reimburse all payments the consumer, including any delivery costs charged by the EcoGardenShop for returned product, but immediately following within 14 days of the date on which the consumer notifies him of the withdrawal. Unless EcoGardenShop offered to pick up the product himself, he may wait to return until he has received the product or the consumer demonstrates that he has returned the product, whichever is the earlier.
    
The EcoGardenShop use the same means of payment used by the customer for reimbursement unless the consumer agrees to a different method. The repayment is free of charge for consumers.
    
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, EcoGardenShop need not pay back the additional costs of the more expensive method.

 

Article 10 - Exclusion of withdrawal right

The EcoGardenShop may exclude the following goods and services from the right of withdrawal, but only if the EcoGardenShop this clearly in the offer, at least in time for the conclusion of the agreement, stated:

    
Goods or services whose price is dependent on fluctuations in the financial market on which the EcoGardenShop has no influence and which may occur within the withdrawal period
    
Contracts concluded at a public auction. Under a public auction means a method of sale where goods, digital content and / or services offered by the EcoGardenShop to the consumer who attends or is given the opportunity to be personally present at the auction, conducted by an auctioneer and where the successful bidder is bound to purchase the goods, digital content and / or services;
    
Service contracts, after full implementation of the service, but only if:
    
the performance has begun with the explicit prior consent of the consumer; and
    
the consumer has stated that he will lose his right of withdrawal when EcoGardenShop the agreement fully implemented;
        
Service contracts for provision of accommodation, as in the agreement a specific date or period of performance features and other than for residential purpose, transport of goods, car rental services and catering;
        
Agreements related to leisure activities, a specific date or period of execution provided for in the agreement;
        
According to specifications for products manufactured by the consumer, not prefabricated and manufactured 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 that are not suitable for reasons of protection of health or hygiene to be returned and which were unsealed after delivery;
        
Products that are inseparably mixed after delivery by their nature with other products;
        
Alcoholic beverages, the price is agreed upon conclusion of the contract, the delivery of which can only take place after 30 days and the actual value is dependent on fluctuations in the market where the EcoGardenShop's control;
        
Sealed audio, video recordings or computer software which were unsealed after delivery;
        
Newspapers, periodicals or magazines, except for subscriptions to this;
        
The supply of digital content other than on a tangible medium, but only if:
        
the performance has begun with the explicit prior consent of the consumer; and
        
the consumer has stated that he thus loses his right of withdrawal.

 

Article 11 - The price

    
During the period mentioned in the offer prices of the products and / or services have not increased, except for price changes due to changes in VAT rates.
    
Notwithstanding the preceding paragraph, the EcoGardenShop products or services whose prices are subject to fluctuations in the financial market and where the EcoGardenShop has no control, at variable prices. These fluctuations and the fact that any price targets, are at the offer.
    
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
    
Price increases from 3 months after the conclusion of the contract are only allowed if the EcoGardenShop has agreed and:

A. They are the result of legislation or regulations; whether

b. the consumer is authorized to terminate the contract with effect from the date the increase takes effect.

    
The prices include VAT mentioned in the supply of products or services.

 

Article 12 - Compliance Agreement and extended warranty

    
The EcoGardenShop guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the EcoGardenShop also ensure that the product is suitable for other than normal use.
    
One by EcoGardenShop, its supplier, manufacturer or importer provided additional guarantee restricted never legal rights and claims that consumers can do under the contract against the EcoGardenShop apply if EcoGardenShop has failed to fulfill its part of the agreement.
    
Among additional guarantee means any undertaking by the EcoGardenShop, its supplier, importer or producer certifying that certain rights or claims to the consumer grants beyond which it is required by law in case he failed to fulfill his part of the agreement .

 

Article 13 - Delivery and execution

    
The EcoGardenShop will exercise the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
    
The place of delivery is the address that the consumer makes known to the EcoGardenShop.
    
Subject to what is stated in Article 4 of these terms and conditions, the EcoGardenShop accepted orders expeditiously but not later than 30 days, unless a different delivery period has been agreed. If delivery is delayed or if an order is not or only partially carried out, the consumer receives them no later than 30 days after placing the order. The consumer in this case the right to terminate the contract without penalty and be entitled to any compensation.
    
After dissolution in accordance with the preceding paragraph, the EcoGardenShop the amount that consumers paid repay promptly.
    
The risk of damage and / or loss of products rests with the EcoGardenShop until the moment of delivery to the consumer or a pre-designated and the EcoGardenShop announced representative, unless expressly agreed otherwise.

 

Article 14 - Extended duration transactions: duration, termination and renewal

termination:

    
The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice of up to one month.
    
The consumer may contract concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the terminate fixed-term compliance with the applicable termination rules and a notice of more than one month.
    
Consumers can the agreements referred to in the preceding paragraphs:

- Withdraw and not be limited to termination at a particular time or in a given period;

- Terminate them in the same way as they are concluded;

- Cancel at the same notice as the EcoGardenShop has negotiated for itself.

extension:

    
A contract for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed duration.
    
Notwithstanding the preceding paragraph, a contract concluded for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines be tacitly renewed for a limited period of up to three months, as consumers against this extended agreement the end of the extension may terminate with a notice period of up to one month.
    
A contract for a definite period and that extends to the regular delivery of products or services may be tacitly renewed for an indefinite period if the consumer may at any time terminate with a notice period of up to one month. The notice period shall not exceed three months in case the agreement extends to the regular, but less than once a month, delivering daily, weeklies and magazines.
    
A contract with a limited duration of regular delivery of dailies, weeklies and magazines (trial or introductory subscription) will not continue in silence and ends automatically after the trial or introductory.

duration:

    
If a contract has a duration of more than one year, after a year, the consumer should the agreement at any time terminate with a notice period not exceeding one month, unless the reasonableness and fairness oppose termination before the end of the agreed term.

 

Article 15 - Payment

    
To the extent not otherwise provided in the agreement or additional terms, the amounts owed by the consumer to be paid within 14 days after the start of the cooling period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
    
When selling products to consumers, the consumer should in general terms are never obliged to advance payment of more than 50%. If payment is agreed, the consumer may not assert any rights regarding the implementation of the order or service (s) before the advance payment has been made.
    
The consumer has the duty to report inaccuracies in data supplied or specified payment immediately to the EcoGardenShop.
    
If the consumer is unable to meet its payment (s) above, is that, after he was delivered by the EcoGardenShop on late payments and EcoGardenShop the consumer is given a period of 14 days in which to comply with its payment obligations, after non-payment within this 14-day period, the outstanding amount of the statutory interest and EcoGardenShop is entitled to charge the extrajudicial collection costs incurred by him charged. These collection costs exceed 15% of outstanding amounts to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40, =. The EcoGardenShop can benefit consumers differ from these amounts and percentages.

 

Article 16 - Complaints

    
The EcoGardenShop has a well-publicized complaints and deals with complaints under this procedure.
    
Complaints about the implementation of the agreement should take place promptly after the consumer has found the defects are defined clearly and completely submitted to the EcoGardenShop.
    
In EcoGardenShop Complaints will be within 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, the EcoGardenShop respond within the period of 14 days, confirming receipt and indicating when the consumer can expect a more detailed answer.
    
A complaint about a product, service or the service of the EcoGardenShop can also be submitted via a complaints form on the consumer page of the Foundation Webshop Trustmark website (http://keurmerk.info/Home/MisbruikOfKlacht) The complaint is then both the on EcoGardenShop sent to the Webshop Hallmark.
    
If the complaint within a reasonable time or within 3 months after the filing of the complaint can be resolved by mutual agreement creates a dispute that is subject to dispute.

 

Article 17 - Disputes

    
Contracts between the EcoGardenShop and the consumer of these terms refer only to Dutch law.
    
Disputes between consumers and EcoGardenShop about the creation or implementation of agreements on by delivering the EcoGardenShop or delivered products and services, may, subject as provided below, both are presented as
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