General Terms and Conditions
**General Terms and Conditions for Members of Webwinkel Keur**
**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 - Costs in Case of Withdrawal
Article 8 - Exclusion of Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Duration Transactions: Duration, Termination, and Extension
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Retention of Title
Article 17 - Additional or Deviating Provisions
Article 18 - Promotions and Discount Codes
**Article 1 - Definitions**
In these conditions, the following terms shall have the following meanings:
- 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 profession or business and 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 medium: any means that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that future consultation and unchanged reproduction of the stored information is possible.
- Right of withdrawal: the possibility for the consumer to renounce the distance contract within the reflection period;
- Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal.
- Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
- Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for 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 for concluding an agreement, without the consumer and entrepreneur being in the same place at the same time.
- General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
**Article 2 - Identity of the Entrepreneur**
Knuffelkings, Part of Schouten&Cool
Energieweg 49, 4906 CG Oosterhout
Phone number Knuffelkings: 0637335741
Email address: info@knuffelkings.com
Chamber of Commerce number: 80867200
VAT identification number: NL861830611B01
**Article 3 - Applicability**
These general terms and conditions apply to every offer of the entrepreneur and to every concluded distance contract and orders between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, in deviation from 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 the consumer can easily store them on a durable medium. 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 electronically or otherwise free of charge at the consumer's request.
In addition to these general terms and conditions, specific product or service conditions may also apply. In that case, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favorable to him in case of conflicting conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, the agreement and these conditions will remain in force for the rest and the relevant provision will be replaced in mutual consultation without delay by a provision that approximates the intent of the original as closely as possible.
Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the explanation or content of one or more provisions of our conditions should be explained 'in the spirit' of these general terms and conditions.
**Article 4 - The Offer**
If an offer has a limited period of validity or is made under conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the offered products and/or services. 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 offered products and/or services. Apparent mistakes or errors in the offer are not binding on the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
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;
- the possible costs of delivery;
- the manner in which the agreement will be concluded and what actions are necessary for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and execution of the agreement;
- the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- the level 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 used communication medium;
- whether the agreement is archived after its conclusion, and if so in what way it can be consulted by the consumer;
- the way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement;
- the possible other languages in which, besides Dutch, the agreement can be concluded;
- 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 case of a duration transaction.
**Article 5 - The Agreement**
The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the 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.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal frameworks, inform whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, he is entitled to refuse a request or order, stating reasons, or to attach special conditions to the execution.
The entrepreneur will provide 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 medium:
a. the visiting address of the entrepreneur's establishment 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 data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided these data 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 indefinite.
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
**Article 6 - Right of Withdrawal**
For the delivery of products:
- When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This reflection period starts on the day after receiving the product by the consumer or a pre-designated representative by the consumer who is announced to the entrepreneur.
- During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to retain the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, following the provided reasonable and clear instructions by the entrepreneur.
- When the consumer wishes to use his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must make this known using the model form. After the consumer has made it known that he wants to use his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods have been returned timely, for example by means of proof of dispatch.
- If the consumer has not made it known after the periods mentioned in paragraphs 2 and 3 that he wants
to use his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
For the delivery of services:
- When services are provided, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
- To use his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur during the offer and/or at the latest at the time of delivery.
**Article 7 - Costs in Case of Withdrawal**
If the consumer makes use of his right of withdrawal, he will bear at most the costs of returning the goods.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive proof of complete return can be provided.
**Article 8 - Exclusion of Right of Withdrawal**
The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur according to the consumer's specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that can spoil or age quickly;
- whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for loose newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- regarding accommodation, transport, restaurant business, or leisure activities to be performed on a certain date or during a certain period;
- of which the delivery has begun with the explicit consent of the consumer before the reflection period has expired;
- regarding betting and lotteries.
**Article 9 - The Price**
During the period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the authority to terminate the agreement on the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
**Article 10 - Conformity and Warranty**
The entrepreneur ensures 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 and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
**Article 11 - Delivery and Execution**
The entrepreneur will take the greatest possible care when receiving and executing orders of 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 entrepreneur.
Taking into account what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible compensation.
In case 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 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will strive to provide a replacement item. At the latest at the time of delivery, it will 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 a possible return shipment are for the account of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative by the entrepreneur, unless explicitly agreed otherwise.
**Article 12 - Duration Transactions: Duration, Termination, and Extension**
Termination:
- The consumer can terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of at most one month.
- The consumer can terminate an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time by the end of the definite period with due observance of the agreed termination rules and a notice period of at most one month.
- The consumer can terminate the agreements mentioned in the previous paragraphs:
- at any time and not be limited to termination at a specific time or in a given period;
- at least in the same way as they were entered into by him;
- always with the same notice period as the entrepreneur has stipulated for himself.
Extension:
- An agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
- Notwithstanding the previous paragraph, an agreement that has been concluded for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months if the consumer can terminate this extended agreement by the end of the extension with a notice period of at most one month.
- An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of at most one month. The notice period is at most three months in case the agreement extends to the regular delivery of daily news and weekly newspapers and magazines that appear less than once a month.
- An agreement of limited duration for 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 introductory period.
Duration:
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most 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 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in provided or stated payment data to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs announced in advance.
**Article 14 - Complaints Procedure**
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In case of complaints, a consumer should first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution is not reached, the consumer has the option to have his complaint handled by the independent dispute resolution commission appointed by Stichting WebwinkelKeur, whose decision is binding and both entrepreneur and consumer agree to this binding decision. The submission of a dispute to this dispute resolution commission is associated with costs that the consumer must pay to the relevant commission. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.
**Article 15 - Disputes**
On agreements between the entrepreneur and the consumer to which these general terms and conditions relate, only Dutch law applies. Even if the consumer lives abroad.
The Vienna Sales Convention does not apply.
**Article 16 - Retention of Title**
The ownership of all products sold and delivered by the entrepreneur to the consumer remains with the entrepreneur as long as the consumer has not paid the
claims of the entrepreneur under the agreement or earlier or later similar agreements, as long as the consumer has not paid the work performed or to be performed under these or similar agreements and as long as the consumer has not settled the claims of the entrepreneur due to a shortcoming in the fulfillment of such obligations, including claims regarding fines, interest, and costs, all as referred to in article 3:92 BW.
**Article 17 - Additional or Deviating Provisions**
Additional or deviating provisions 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 to the General Terms and Conditions of Stichting WebwinkelKeur**
Stichting WebwinkelKeur will only amend these general terms and conditions after consultation with the Consumers' Association.
Amendments to these terms and conditions will only take effect after they have been appropriately published, on the understanding that in case of applicable amendments during the term of an offer, the most favorable provision will apply to the consumer.
