Terms & Conditions

Terms and Conditions

These General Terms and Conditions of Stichting Webshop Keurmerk have been established in consultation with the Consumers' Association within the framework of the Coordination Group for Self-Regulation Consultation (CZ) of the Socio-Economic Council and will take effect on June 1, 2014.

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


Table of Contents:

  • Article 1 - Definitions
  • Article 2 - Identity of the trader
  • Article 3 - Applicability
  • Article 4 - The offer
  • Article 5 - The agreement
  • Article 6 - Right of withdrawal
  • Article 7 - Obligations of the consumer during the cooling-off period
  • Article 8 - Exercise of the consumer's right of withdrawal and the costs thereof
  • Article 9 - Obligations of the trader in case of withdrawal
  • Article 10 - Exclusion of the right of withdrawal
  • Article 11 - The price
  • Article 12 - Performance and additional guarantee
  • Article 13 - Delivery and execution
  • Article 14 - Duration transactions: duration, termination, and extension
  • Article 15 - Payment
  • Article 16 - Complaints procedure
  • Article 17 - Disputes
  • Article 18 - Additional or deviating provisions
  • Article 19 - Amendment of the General Terms and Conditions of Stichting Webshop Keurmerk

Article 1 - Definitions

In these conditions, the following definitions apply:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract and these goods, digital content, and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;
  2. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to their trade, business, craft, or profession;
  4. Day: calendar day;
  5. Digital content: data that is produced and supplied in digital form;
  6. Continuous performance contract: a contract that covers the regular delivery of goods, services, and/or digital content for a specified period;
  7. Durable medium: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
  8. Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;
  9. Trader: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products, (access to) digital content, and/or services to consumers at a distance;
  10. Distance contract: an agreement concluded between the trader and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby exclusive or additional use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
  11. Model withdrawal form: the European model withdrawal form included in Appendix I to these terms and conditions;
  12. Technique for distance communication: a means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time;

Article 2 - Identity of the trader

  • Speelberg Kamperen
  • Registered address (no visiting address): Prinses Beatrixstraat 16 4231AN Meerkerk
  • Chat with us (available Monday to Friday, between 9:00 a.m. and 9:30 p.m.)
  • Email: info@speelberg.com
  • Chamber of Commerce number: 65240731
  • VAT: NL002270172B23

Article 3 - Applicability

  1. 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.
  2. Before the distance contract is concluded, the trader shall make the text of these general terms and conditions available to the consumer. If this is not reasonably possible, the trader shall indicate, before the distance contract is concluded, how the general terms and conditions can be inspected by the consumer and that they will be sent free of charge at the consumer's request as soon as possible.
  3. 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 may 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, before the distance contract is concluded, the trader shall indicate where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the consumer's request either electronically or otherwise.
  4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting conditions.

Article 4 - The offer

  1. If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer includes a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer properly. If the trader uses images, they are a true representation of the offered products, services, and/or digital content. Obvious errors or mistakes in the offer do not bind the trader.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The agreement

  1. 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 specified conditions.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the trader 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 trader will take appropriate security measures.
  4. The trader can, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the trader has good grounds not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to the execution.
  5. At the latest upon delivery of the product, service, or digital content to the consumer, the trader will send 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:
    1. the visiting address of the trader's establishment where the consumer can address any complaints;
    2. 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;
    3. information about guarantees and existing after-sales services;
    4. the price including all taxes of the product, service, or digital content; where applicable, the cost of delivery; and the method of payment, delivery, or execution of the distance agreement;
    5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
    6. if the consumer has a right of withdrawal, the model withdrawal form.
  6. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

    For products:

  1. The consumer can dissolve an agreement regarding the purchase of a product within a cooling-off period of at least 14 days without giving any reasons. The trader may ask the consumer for the reason for the withdrawal, but cannot obligate them to state their reason(s).
  2. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
    1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The trader may, provided they have clearly informed the consumer prior to the ordering process, refuse an order for multiple products with different delivery times.
    2. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
    3. in the case of agreements for regular delivery of products during a defined period: the day on which the consumer, or a third party designated by them, has received the first product.

    For services and digital content not supplied on a tangible medium:

  3. The consumer can dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium within a cooling-off period of at least 14 days without giving any reasons. The trader may ask the consumer for the reason for the withdrawal, but cannot obligate them to state their reason(s).
  4. The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.
  5. Extended cooling-off period for products, services, and digital content not supplied on a tangible medium in the event of non-disclosure of the right of withdrawal:

  6. If the trader has not provided the consumer with the legally required information regarding the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
  7. If the trader provides the consumer with the information referred to in the previous paragraph within twelve months after the start of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the cooling-off period

  1. During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to assess the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a physical store.
  2. The consumer is liable for any diminished value of the product resulting from the handling of the product beyond what is necessary to determine the nature, characteristics, and functioning of the product.
  3. The consumer is not liable for the diminished value of the product if the trader has not provided them with all the legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the consumer's right of withdrawal and the costs

  1. If the consumer exercises their right of withdrawal, they shall notify the trader within the cooling-off period by means of the model withdrawal form or by any other unequivocal statement.
  2. The consumer shall return the product as soon as possible, but no later than 14 days after the day following the notification referred to in paragraph 1, unless the trader has offered to collect the product themselves. The consumer shall have observed the return period in any case if they return the product before the cooling-off period has expired.
  3. The consumer shall return the product with all accessories delivered, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal shall be on the consumer.
  5. The consumer shall bear the direct costs of returning the product. If the trader has not informed the consumer that they have to bear these costs or if the trader has indicated that they will bear the costs themselves, the consumer shall not be required to bear the costs of returning the product.
  6. If the consumer exercises their right of withdrawal after explicitly requesting that the service provision or the supply of gas, water, or electricity that is not ready for sale begins during the cooling-off period, the consumer shall owe the trader an amount proportionate to the part of the obligation that the trader has fulfilled at the time of withdrawal, compared to the full performance of the obligation.
  7. The consumer shall not bear the costs for the performance of services or the supply of water, gas, or electricity that is not ready for sale in a limited volume or quantity, or for the supply of district heating, if:
    1. the trader has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal, or the model withdrawal form; or
    2. the consumer has not expressly requested the start of the service provision or the supply of gas, water, electricity, or district heating during the cooling-off period.
  8. The consumer shall not bear the costs for the full or partial delivery of digital content that is not supplied on a tangible medium if:
    1. they have not given their express consent for the start of the performance of the agreement before the end of the cooling-off period;
    2. they have not acknowledged losing their right of withdrawal by giving their consent; or
    3. the trader has failed to confirm this statement by the consumer.
  9. If the consumer exercises their right of withdrawal, all additional agreements shall be automatically terminated.

Article 9 - Obligations of the trader in case of withdrawal

  1. If the trader allows the consumer to communicate the withdrawal electronically, the trader shall send an acknowledgment of receipt without delay after receiving the withdrawal notification.
  2. The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay and in any case no later than 14 days following the day on which the consumer notifies the withdrawal. Unless the trader offers to collect the product themselves, they may wait to reimburse until they have received the product or until the consumer demonstrates that they have returned the product, whichever occurs earlier.
  3. The trader uses the same means of payment that the consumer used for the original transaction, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
  4. If the consumer has chosen a more expensive method of delivery than the standard delivery, the trader is not obliged to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement:

  1. Products or services whose price is tied to fluctuations in the financial market that the trader has no control over and that may occur within the withdrawal period
  2. Agreements concluded during a public auction. A public auction is understood to be a sales method in which the trader offers products, digital content, and/or services to the consumer who is present or has the opportunity to be present at the auction, conducted by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
  3. Service contracts, after full performance of the service, but only if:
    1. the performance started with the consumer's explicit prior consent; and
    2. the consumer has declared that they will lose their right of withdrawal once the trader has fully performed the agreement;
  4. Service contracts for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, goods transport, car rental services, and catering;
  5. Agreements related to leisure activities, if a specific date or period of performance is provided for in the agreement;
  6. Products made to the consumer's specifications, which are not prefabricated and which are manufactured based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
  7. Products that are liable to deteriorate or expire rapidly;
  8. Sealed products that are not suitable for return due to health protection or hygiene reasons and whose sealing has been broken after delivery;
  9. Products that, by their nature, are irrevocably mixed with other products after delivery;
  10. Alcoholic beverages for which the price was agreed upon at the time of the conclusion of the agreement, but which can only be delivered after 30 days and whose actual value depends on fluctuations in the market that the trader has no control over;
  11. Sealed audio, video recordings, and computer software, the sealing of which has been broken after delivery;
  12. Newspapers, magazines, or periodicals, with the exception of subscriptions to these publications;
  13. The supply of digital content that is not supplied on a tangible medium, but only if:
    1. the performance started with the consumer's explicit prior consent; and
    2. the consumer has declared that they will lose their right of withdrawal.

Article 11 - The price

  1. During the validity period stated 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.
  2. Notwithstanding the previous paragraph, the trader may offer products or services with variable prices that are tied to fluctuations in the financial market and that the trader has no control over. The fact that prices may be subject to fluctuations and that any prices stated are indicative shall be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
    1. they result from legal regulations or provisions; or
    2. the consumer has the right to terminate the agreement from the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.

Article 12 - Performance of the agreement and additional warranty

  1. The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for purposes other than normal use.
  2. An additional warranty provided by the trader, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can invoke against the trader if the trader has failed to fulfill its part of the agreement.
  3. An additional warranty means any commitment by the trader, its supplier, importer, or manufacturer that grants certain rights or claims to the consumer that go beyond what is legally required in case of the trader's failure to fulfill its part of the agreement.

Article 13 - Delivery and performance

  1. The trader shall exercise the utmost care when receiving orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has provided to the trader.
  3. Subject to what is stated in Article 4 of these general terms and conditions, the trader shall fulfill accepted orders with due speed but in any case within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed or if an order cannot be or can only be partially carried out, 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 free of charge and is entitled to any compensation for damages.
  4. The trader shall promptly refund the amount paid by the consumer after dissolution in accordance with the preceding paragraph.
  5. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and announced to the trader, unless expressly agreed otherwise.

Article 14 - Long-term transactions: duration, termination, and extension

    Termination:

  1. 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, observing the agreed termination rules and a notice period of no more than one month.
  2. 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 specified duration, observing the agreed termination rules and a notice period of no more than one month.
  3. The consumer can terminate the agreements mentioned in the previous paragraphs:
    1. - at all times and is not limited to termination at a specific time or during a specific period;
    2. - terminate in the same way as they entered into the agreement;
    3. - always terminate with the same notice period as the trader has stipulated for itself.

    Extension:

  4. 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 specific duration.
  5. 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 specific duration of up to three months if the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month.
  6. 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 is at all times entitled to terminate it with a notice period of no more than one month. The notice period is no more than three months in the event that 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 trial delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period.
  8. Duration:

  9. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment

  1. Unless otherwise agreed in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of a serviceHere is the translation of the remaining section:

    Article 15 - Payment

    1. Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of a service agreement, this period starts on the day after the consumer has received the confirmation of the agreement.
    2. In consumer sales, the consumer should never be obliged to make an advance payment of more than 50% in the general terms and conditions. If an advance payment has been agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
    3. The consumer has the duty to immediately report any inaccuracies in the provided or stated payment details to the trader.
    4. If the consumer fails to meet their payment obligation(s) on time, and the trader has notified the consumer of the late payment and granted them a period of 14 days to fulfill their payment obligations, the consumer will be charged with statutory interest on the outstanding amount after the expiration of the 14-day period. The trader is also entitled to charge the consumer with extrajudicial collection costs incurred. These collection costs are subject to a maximum of: 15% on outstanding amounts up to €2,500, 10% on the next €2,500, and 5% on the next €5,000, with a minimum of €40. The trader may deviate from these amounts and percentages in favor of the consumer.

    Article 16 - Complaints procedure

    1. The trader has a well-publicized complaints procedure and handles complaints in accordance with this procedure.
    2. Complaints about the performance of the agreement should be submitted to the trader promptly, fully, and clearly, after the consumer has discovered the defects.
    3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
    4. A complaint about a product, service, or the trader's service can also be submitted via a complaint form on the consumer page of the Stichting Webshop Keurmerk website (https://www.keurmerk.info/nl/consumenten/klacht/). The complaint will be sent to both the relevant trader and Stichting Webshop Keurmerk.
    5. Stichting Webshop Keurmerk will not handle or discontinue the handling of a dispute if the trader has been granted a suspension of payment, has been declared bankrupt, or has terminated its business activities. The webshop has been suspended or expelled by Stichting Webshop Keurmerk.
    6. A dispute will only be handled by Stichting Webshop Keurmerk if the consumer has first submitted the complaint to the trader within a reasonable time.
    7. A dispute must be submitted to Stichting Webshop Keurmerk in writing within twelve months after it has arisen.
    8. It is also possible to submit complaints via the European ODR platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage).

    Article 17 - Disputes

    1. Dutch law applies exclusively to agreements between the trader and the consumer to which these general terms and conditions apply, even if the consumer is domiciled abroad.
    2. The Vienna Sales Convention does not apply.

    Article 18 - 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 on a durable medium in an accessible manner.

    Article 19 - Amendment of the Stichting Webshop Keurmerk general terms and conditions

    1. If Stichting Webshop Keurmerk makes any changes, we will notify the trader through our newsletter and post the latest terms and conditions on our website (https://www.keurmerk.info/nl/algemene-voorwaarden/).
    2. Changes to these terms and conditions will only take effect after they have been published in an appropriate manner, provided that, in the case of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.

    Address of Stichting Webshop Keurmerk: Willemsparkweg 193, 1071 HA Amsterdam



    Annex I: Model Withdrawal Form

    Model Withdrawal Form


    (Complete and return this form only if you wish to withdraw from the agreement)


    -           To:     [name of the trader]

    [geographical address of the trader]

    [fax number of the trader, if available]

    [email address or electronic address of the trader]


    -           I/We* hereby give notice that I/we* withdraw from our agreement regarding

    the sale of the following products: [description of the product]*

    the supply of the following digital content: [description of the digital content]*

    the provision of the following service: [description of the service]*

    Withdrawal*

    -           Ordered on*/received on* [date of order for services or receipt for products]

     

    -           [Name of consumer(s)]

     

    -           [Address of consumer(s)]

     

    -           [Signature of consumer(s)] (only if this form is submitted on paper)


    * Delete as appropriate or fill in as appropriate.