Terms and Conditions
These General Terms and Conditions of Stichting Webshop Keurmerk were drawn up in consultation with the Consumers' Association within the framework of the Self-Regulation Co-ordination Group (CZ) of the Socio-Economic Council and will take effect as from June 1, 2014.
These General Terms and Conditions shall be used by all members of Stichting Webshop Keurmerk with the exception of financial services as referred to in the Financial Supervision Act (Wet Financieel Toezicht) and in so far as these services are supervised by the Netherlands Authority for the Financial Markets (Autoriteit Financiële Markten).
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the Entrepreneur 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 period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof Article 9 - Obligations of the entrepreneur at withdrawal
Article 10 - Exclusion of the right of withdrawal Article 11 - The price
Article 12 - Performance and additional warranty Article 13 - Delivery and implementation
Article 14 - Duration transactions: duration, termination and renewal Article 15 - Payment
Article 16 - Complaints procedure Article 17 - Disputes Article 18 - Industry guarantee
Article 19 - Additional or different provisions
Article 20 - Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk
Article 1 - Definitions
In these Terms and Conditions the following definitions apply:
1. Supplementary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these products, 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. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Contract for an indefinite period of time: a contract that provides for the regular supply of goods, services and/or digital content for a specific period of time;
7. Durable medium: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and which enables the unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and who offers products, (access to) digital content and/or services to consumers from a distance
10. Distance contract: a contract between the trader and the consumer concluded as part of an organized system for the distance sale of products, digital content and/or services whereby, up to and including the moment at which the contract is concluded, sole or joint use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these Terms and Conditions;
12. Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being in the same room at the same time.
Article 2 - Identity of the entrepreneur
Trade name: The Pet Empire
Statutory name: RUBOLI B.V.
Establishment address: Dick Flemmingstraat 23, 5161 CA Sprang-Capelle, Netherlands
Phone number: +31 (0)88 - 011 11 71
Opening hours: from 09.00 to 17.00 hrs.
E-mail address: [email protected]
Website: www.thepetempire.com
Chamber of Commerce number: 67503926
VAT ID number: NL857034522B01
If the Entrepreneur's activity is subject to a relevant licensing regime:
Details of the supervisory authority (not applicable).
If the Entrepreneur practises a regulated profession: the professional association or organization with which he is affiliated (not applicable); the professional title, the place in the EU or the European Economic Area where it is awarded (not applicable); a reference to the professional rules applicable in the Netherlands and indications where and how these professional rules can be accessed (not applicable).
Article 3 - Applicability
These general conditions apply to any offer from the entrepreneur and any agreement reached at a distance between the entrepreneur and the consumer.
Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the general conditions can be viewed at the trader's premises and that, at the consumer's request, they will be sent free of charge as quickly as possible.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent free of charge to the consumer, at his request, either electronically or in another way.
In case in addition to these general conditions also specific product or service conditions apply, the second and third paragraph shall apply mutatis mutandis and the consumer in case of conflicting conditions always rely on the applicable provision that is most favorable to him.
Article 4 - The offer
If an offer has a limited duration or is made subject to conditions, this shall be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products, services and / or digital Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
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
The contract is concluded, subject to the provisions of paragraph 4, at the time of the consumer accepts the offer and meet the associated conditions.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the contract.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures
The trader may, within the limits of the law, inform the consumer of his ability to fulfill his payment obligations, as well as of all those facts and factors which are important for the responsible conclusion of the distance contract. If, on the basis of this examination, the trader has good reason not to enter into the contract, he is entitled to refuse an order or request while giving reasons, or to attach special conditions to the implementation.
The entrepreneur will, at the latest upon delivery of the product, service or digital content to the consumer, the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, send:
The visiting address of the trader's business establishment where the consumer can lodge complaints;
the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
the information on guarantees and existing service after purchase;
the price including all taxes of the product, service or digital content, if applicable the cost of delivery and the method of payment, delivery or implementation of the distance contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
if the consumer has a right of withdrawal, the model form for
In case of a duration contract, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
With products:
The consumer can terminate an agreement relating to the purchase of a product during a reflection period of at least 14 days without giving any reason The entrepreneur may ask the consumer about the reason for withdrawal, but he is not obliged to give his reason(s).
The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, and who is not the carrier, has received the product or:
a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with a different delivery time
b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
c. in case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content not supplied on a tangible medium:
The consumer may terminate a service contract and a contract for delivery of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer about the reason for withdrawal, but may not make him give his reason(s).
The cooling off period referred to in paragraph 3 starts on the day following the conclusion of the
Extended cooling off period for products, services and digital content that is not supplied on a tangible medium when not informing about the right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer has received this information
Article 7 - Obligations of the consumer during the reflection period
During the cooling-off period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic assumption here is that the consumer may only handle and inspect the product as he would in a store
The consumer is only liable for decrease in value of the product which is the result of a way of handling the product that goes beyond what is permitted in paragraph
The consumer is not liable for diminished value of the product if the entrepreneur did not provide him with all legally required information about the right of withdrawal before or at the conclusion of the contract
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer exercises his right of withdrawal, he shall notify the trader within the cooling-off period by means of the model withdrawal form or in any other unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has in any case complied with the return period if he sends the product back before the cooling-off period has expired.
The consumer returns the product with all accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer should bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to pay the costs of return shipment.
If the consumer withdraws after first explicitly requesting that the performance of the service or the supply of gas, water or electricity that has not been made ready for sale in a limited volume or certain quantity shall commence during the withdrawal period, the consumer shall owe the trader an amount which is in proportion to that part of the undertaking which has been fulfilled by the trader at the time of withdrawal, compared with the full
The consumer does not bear any costs for the execution of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or to supply district heating, if:
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost compensation in the event of withdrawal or the model form for withdrawal, or;
b. the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period, or
The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
a. prior to its delivery he has not expressly consented to the commencement of performance of the contract before the end of the cooling-off period;
b. he has not acknowledged losing his right of withdrawal when giving his consent; or
c. the trader has failed to confirm this declaration by the consumer.
If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in case of withdrawal
If the trader makes it possible for the consumer to notify his withdrawal electronically, he shall send a confirmation of receipt of this notification without delay.
The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, of which it can be ascertained by the entrepreneur that this product is in the packaging of the return shipment, without delay but within 14 days following the day on which the consumer gives notice of withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever comes first.
The entrepreneur uses for reimbursement the same means of payment that the consumer has used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
Article 10 - Exclusion of 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 fact when making the offer, or at least in good time prior to conclusion of the contract:
Products or services of which the price is linked to fluctuations on the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period.
Agreements concluded during a public auction. A public auction is defined as a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who is present in person or is given the opportunity to be present in person at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services
Service Agreements, after full performance of the service, but only if:
a. the execution has started with the consumer's express prior consent; and
b. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has completely fulfilled the agreement
Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and
Contracts relating to leisure activities, if the contract provides for a specific date or period of performance
Products made to the consumer's specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person
Products that spoil quickly or have a limited shelf life
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery
Products that after delivery by their nature are irrevocably mixed with others
Alcoholic beverages of which the price has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and of which the actual value depends on fluctuations in the market on which the entrepreneur has no influence
Sealed audio, video recordings and computer software, of which the seal has been broken after delivery.
Newspapers, magazines or journals, with the exception of subscriptions
The delivery of digital content other than on a tangible medium, but only if:
The execution has started with the explicit prior consent of the consumer; and
the consumer has stated that he hereby exercises his right of withdrawal.
Article 11 - The price
During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the operator can offer products or services whose prices are linked to fluctuations in the financial market and over which the operator has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices, will be included in 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 entrepreneur has stipulated it and:
a. they are the result of statutory regulations or provisions; or
b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
The prices mentioned in the offer of products or services are inclusive.
Article 12 - Compliance with agreement and additional warranty
The entrepreneur guarantees that the products and / or services meet the agreement, the specifications listed 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 entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer under the agreement can assert against the entrepreneur if the entrepreneur has failed in fulfilling his part of the agreement.
Extra guarantee means any commitment from the trader, his supplier, importer or producer whereby he grants the consumer certain rights or claims which exceed the legal obligations in case he has failed to fulfil his part of the contract.
Article 13 - Delivery and execution
The trader will take the greatest possible care when receiving and executing product orders and in assessing applications for the provision of
The place of delivery is the address that the consumer has made known to the entrepreneur.
Subject to what is stated in Article 4 of these general conditions, the entrepreneur accepted orders expeditiously but not later than 30 days, unless another delivery has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than 30 days after the order was placed.
After dissolution in accordance with the preceding paragraph, the operator the amount that the consumer has paid without delay
The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and announced to the entrepreneur representative, unless otherwise expressly stated
Article 14 - Duration transactions: duration, termination and renewal
Termination:
The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice not exceeding one month.
The consumer may contract 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 fixed term denounce the applicable termination rules and a notice not exceeding one month.
The consumer can the agreements mentioned in the previous paragraphs:
terminate them at any time and not be limited to termination at a specific time or in a specific period;
at least terminate them in the same way as they were entered into by him;
always terminate them with the same notice period as the entrepreneur has for himself
Renewal:
An agreement that was entered into for a definite period of time and that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a specific
Notwithstanding the preceding paragraph, a contract for a definite period, which extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer can terminate this renewed contract towards the end of the extension with a notice of not more than one month.
A contract for a definite period, which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer may terminate at any time with a notice of up to one The notice period is up to three months if the contract is about the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract with a limited duration for the regular supply, by way of introduction, of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration:
If a contract lasts more than one year, after one year of the agreement the consumer may at any time terminate with a notice of up to one month, unless the reasonableness and fairness resisting the termination before the end of the agreed term.
Article 15 - Payment
Insofar not otherwise specified in the contract or additional conditions, the amounts payable by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the contract. In case of a contract to provide a service, this period commences on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, the consumer in general terms and conditions may never be required to pay more than 50% in advance. When prepayment is stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service (s) before the stipulated prepayment has taken place.
The consumer has the duty to inform the trader immediately of any inaccuracies in payment data provided or stated.
If the consumer does not timely payment (s), he is, after being pointed out by the entrepreneur to the late payment and the entrepreneur has given the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, the statutory interest on the amount due and the entrepreneur is entitled to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2500; 10% on the following € 2500 and 5% on the following € 5000, with a minimum of € 40. The proprietor can deviate from these amounts in favour of the consumer.
Article 16 - Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has found the defects, fully and clearly described.
Complaints submitted to the trader will be answered within a period of 14 days, calculated 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 message of receipt and an indication when the consumer can expect a more detailed answer.
A complaint about a product, a service or the Entrepreneur's service can also be submitted via a complaints form on the consumer page of the website of Stichting Webshop Keurmerk (http://keurmerk.info/Home/MisbruikOfKlacht). The complaint will then be sent both to the Entrepreneur in question and to Stichting Webshop Keurmerk.
If the complaint cannot be solved in joint consultation within a reasonable period of time or within 3 months after the complaint was submitted, a dispute arises that is subject to the dispute settlement scheme.
Article 17 - Disputes
On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law
Disputes between the Consumer and the Entrepreneur about the formation or the performance of contracts related to products and services to be delivered or that have been delivered by this Entrepreneur can be submitted with the Geschillencommissie Webshop, Postbus 90600, 2509 LP in The Hague (sgc.nl) with due observance of the provisions set out below.
A dispute is considered by the Disputes Committee only if the Consumer submitted his/her complaint to the Entrepreneur within a reasonable period of time.
Within twelve months after the dispute arose, the dispute has to be submitted in writing to the Dispute Commission
When the consumer wants to submit a dispute to the Dispute Commission, the entrepreneur is bound to this choice. When the entrepreneur wants to do that, the consumer will have to speak out in writing, within five weeks after a written request made by the entrepreneur, whether he so desires or wants the dispute to be dealt with by the competent court. If the entrepreneur does not hear the choice of the consumer within the period of five weeks, then the entrepreneur has the right to submit the dispute to the competent
The Disputes Committee pronounces its judgment under the conditions as set out in the regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/de- commissions/2701/webshop). The decisions of the Disputes Committee are binding.
The Disputes Committee will not deal with a dispute or will terminate their intervention if the trader has been granted a suspension of payments, gone bankrupt or has actually terminated business activities before the Committee dealt with the dispute at a session and rendered a final ruling.
If, in addition to the Geschillencommissie Webshop, another recognized arbitration board or one affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, the Geschillencommissie Stichting Webshop Keurmerk shall have preference for disputes concerning mainly the method of distance selling or the provision of services.
Article 18 - Industry Guarantee
Webshop Keurmerk guarantees the fulfilment of the binding advice of the Disputes Committee Webshop Keurmerk by its members unless the member decides to submit the binding opinion within two months after the binding opinion was sent for review to the court. This guarantee revives if the binding opinion after review by the court has been maintained and the judgment which shows this has become final. Up to an amount of €10,000,- per binding opinion, this amount will be paid to the consumer by Webshop Keurmerk. For amounts greater than €10,000,- per binding opinion, €10,000,- will be paid. For the excess amount Webshop Keurmerk has an obligation to try to ensure that the member complies with the binding opinion.
For the purposes of this guarantee it is required that consumers submit a written appeal to Webshop Keurmerk and that they transfer their claim on the entrepreneur to Webshop Keurmerk. If the claim on the entrepreneur exceeds €10,000,- it will be offered to consumers to the extent that the claim in excess of €10,000,- will be transferred to Stichting Webshop Keurmerk, who will in its own name and costs shall try to get payment and fulfilment of these rights to consumers.
Article 19 - Additional or different provisions
Additional provisions or provisions deviating from these General Terms and Conditions may not be to the Consumer's detriment and must be put in writing or be recorded in such a way that the Consumer can stored them in an accessible manner on a long-term data carrier.
Article 20 - Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk
Stichting Webshop Keurmerk will not change these General Terms and Conditions before consultation with the Consumentenbond.
Amendments to these Terms and Conditions will only take effect after they have been published in the appropriate way, on the understanding that, in the event of applicable amendments during the term of an offer, the provision that is most favourable to consumers will be applied.
Address Stichting Webshop Keurmerk: Weteringschans 108 1017 XS Amsterdam
Appendix 1: Form for withdrawal