General Terms and Conditions
General Terms and Conditions These General Terms and Conditions of the Nederlandse Thuiswinkel Organisatie (hereinafter: Thuiswinkel.org) have been established in consultation with the Consumer Association within the framework of the Self regulatory Consultation Coordination group of the Economic and Social Council and come into force on the 1st of June 2014.
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 in case of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Compliance agreement and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, cancellation and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Branch warranty
Article 19 - Additional or deviating provisions
Article 20 - Amendment to the General Terms and Conditions of Thuiswinkel
In these conditions, the following definitions apply:
- Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a remote agreement and if these goods, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
- Reflection period: the period in which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who does not act for purposes related to his trade-, business-, craft- or professional activity;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Continuing performance agreement: an agreement that seeks to the regular delivery of goods, services and/or digital content during a certain period;
- Durable data carrier: every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him in person, in a way that future consultation or use during a period that is bound to the goal for which the information is intended, and which allows unaltered reproduction of the stored information;
- Right of withdrawal: the possibility of the consumer to cancel the remote agreement within the reflection period;
- Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers at a distance;
- Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for selling products at a distance, digital content and/or services, whereby up to the conclusion of the agreement only or partly use is made of one or more techniques for distance communication;
- Model form for withdrawal: the European model form for withdrawal included in Appendix I of these conditions; Appendix I does not have to be made available if the consumer has no right of withdrawal in respect of his order;
- Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same room at the same time.
CoSa Connects Ltd.
Trading under the name: ELRO
Meirseweg 46 | 4881 MJ Zundert
Telephone number and e-mail address
076-5977401 available on working days between 9 am and 12.30 pm and between 1 pm and 5 pm or via firstname.lastname@example.org
Chamber of Commerce number: 68645767
VAT identification number: NL857533605B01
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that has been concluded between the entrepreneur and the 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, the entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions at the entrepreneur can be seen and that they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can save this in a simple way on a durable data carrier, by derogation from the previous paragraph and before the distance contract is concluded. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that the terms and conditions, at the request of the consumer, will be sent free of charge by electronic means or otherwise.
- In case specific product conditions or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting conditions, the consumer can invoke the applicable provision that is most favorable to him.
- If an offer has a limited period of validity or if an offer is made under 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 enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products, services and/or digital content. Apparent mistakes or errors in the offer do not bind the entrepreneur.
- Each offer contains such information which is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
- The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the specified conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the 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 established electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of the data and the entrepreneur will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take full account of appropriate security measures.
- The entrepreneur can within statutory frameworks - inform whether the consumer can comply with his payment obligations, as well as all the 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 lawfully entitled to refuse an order or request, or to attach special conditions to the execution.
- At the latest upon delivery of the product, the entrepreneur shall send the following information with the service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the business location of the entrepreneur where the consumer can go to with complaints;
- 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;
- the information about guarantees and existing service after purchase;
- the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or has an indefinite duration;
- if the consumer has a right of withdrawal, the model form for withdrawal.
- In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
- The consumer can terminate an agreement regarding the purchase of a product during a reflection period of 14 days without giving any reasons. The entrepreneur may ask the consumer about the reasons for the withdrawal, but he may not oblige the consumer to state his reason (s).
- The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
- if the consumer has ordered several 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, if he has informed the consumer in a clear manner prior to the ordering process, refuse an order of several products with a different delivery time.
- if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
- for 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 that is not delivered on a tangible medium:
- The consumer can terminate a service agreement and an agreement for delivery of digital content that has not been delivered on a tangible medium for 14 days without giving any reasons. The trader may ask the consumer about the reasons for the withdrawal, but may not oblige the consumer to state his reason(s).
- The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that has not been delivered on a tangible medium when not informing about the right of withdrawal:
- If the entrepreneur has not provided the consumer with the statutory required information about the right of withdrawal or the model form for withdrawal, the reflection period will expire twelve months after the end of the original reflection period as determined in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the effective date of the original period of reflection, the reflection period will expire 14 days after the day on which the consumer has received this information.
- During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product in a way that is necessary to determine the nature, characteristics and operation of the product. The starting point is that the consumer may only handle and inspect the product as he would be allowed to do in a store
- The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
- The consumer is not liable for the depreciation of the product if the entrepreneur has not provided him with any statutory required information about the right of withdrawal prior to or at the conclusion of the agreement.
- If the consumer makes use of his right of withdrawal, he will notify the entrepreneur within the reflection period by means of the model form for withdrawal or in an unambiguous way.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has complied with the return period if he returns the product before the reflection period has expired.
- The consumer returns the product with all accessories, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the 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 must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
- If the consumer rescinds after having explicitly requested that the provision of the service or the supply of gas, water or electricity that are not made ready for sale in a limited volume or quantity during the reflection period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that the entrepreneur has fulfilled at the moment of withdrawal, compared with the full fulfillment of the commitment.
- The consumer shall bear no costs for the execution of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- the entrepreneur has not provided the consumer with the statutory required information about the right of withdrawal, the cost reimbursement upon withdrawal or the model form for withdrawal, or;
- the consumer has not expressly requested the commencement of the execution of the service or delivery of gas, water, electricity or district heating during the reflection period.
- The consumer shall bear no costs for the full or partial delivery of digital content that has not been delivered on a tangible medium if:
- he has not explicitly agreed to commence the fulfillment of the contract prior to the delivery before the end of the reflection period;
- he has not acknowledged to lose his right of withdrawal when giving his consent;
- the entrepreneur has failed to confirm this statement from the consumer.
- If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
- If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will send a confirmation of receipt immediately after receiving his notification.
- The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with paying back until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
- The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
- Products or services whose price is bound to fluctuations on the financial market on which the entrepreneur has no influence and which can occur within the withdrawal period
- Agreements that are concluded during a public auction. By public auction is meant a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present 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 contracts, after full execution of the service, but only if:
- the execution has begun with the explicit prior consent of the consumer; and
- the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
- Travel packages as referred to in article 7: 500 Dutch Civil Code and passenger transport agreements;
- the execution has begun with the explicit prior consent of the consumer; and
- the consumer has stated that with this, he loses his right of withdrawal.
- During the period of validity 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.
- Contrary to the previous paragraph, if there are products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence on, the entrepreneur can offer variable prices. This link to 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 contract are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the consumer has the authority to terminate the agreement from the day on which the price increase starts.
- The prices mentioned in the offer of products or services include VAT.
- The entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of adequacy and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations. If agreed, the entrepreneur also warrants that the product is suitable for other than normal use.
- An additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can enforce against the entrepreneur by virtue of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
- An additional warranty is understood as every obligation of the entrepreneur, its supplier, importer or producer in which it assigns certain rights or claims to the consumer that goes beyond what is statutory required in case that he has failed to fulfill its part of the agreement.
- The entrepreneur will take the most possible care when receiving and implementing 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.
- With due regard for what has been 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 another delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive a notification of this, no later than 30 days after the consumer has placed the order. In that case, the consumer has the right to terminate the contract free of charge and the consumer has the right to any compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount that the consumer has paid.
- The entrepreneur is liable for the risk of damage and/or loss of products until the moment of delivery to the consumer or a pre-designated representative who is announced by the entrepreneur, unless expressly agreed otherwise.
- The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due regard for the agreed cancellation rules and a term of notice of up to one month.
- The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due regard for the agreed cancellation rules and a notice period of at least highest one month.
- Concerning the agreements mentioned in the previous paragraphs, the consumer has the right to:
- cancel at any time and not be limited to termination at a specific time or in a given period;
- at least cancel in the same way as they were entered into by him;
- always cancel with the same period of notice as the entrepreneur has stipulated for himself.
- A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed term.
- Contrary to the previous paragraph, a contract that has been entered into for a definite period and which extends to the regular delivery of daily papers, newspapers, weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer can cancel this extended agreement at the end of the extension with a period of notice of no more than one month.
- A contract that has been entered into for a definite period and that extends to the regular delivery of products or services, may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a period of notice of no more than one month. The period of notice has a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily papers, newspapers, weekly newspapers and magazines.
- A contract with limited duration and the regular delivery of daily papers, newspapers, weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a period of notice of no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed duration.
- Unless stated otherwise in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the reflection period, or in the absence of a reflection 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 may never be obliged to pay in advance more than 50% in general terms and conditions. If payment in advance is stipulated, the consumer can not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place.
- The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- If the consumer does not fulfill his payment obligation (s) on time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to still fulfill his payment obligations, after failure to pay within this 14-day period, the consumer owes the legal interest on the amount and the entrepreneur is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% of outstanding amounts up to € 2,500, =; 10% of the next € 2,500, = and 5% of the next € 5,000, = with a minimum of € 40, =. The entrepreneur may deviate from the aforementioned amounts and percentages for the benefit of the consumer.
- The entrepreneur has a complaints procedure that is sufficiently known 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 longer processing time that is foreseeable, 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.
- A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaints form on the consumer page of the Thuiswinkel.org website. The complaint will then be sent to the relevant entrepreneur as well as Thuiswinkel.org www.thuiswinkel.org
- The consumer must give the entrepreneur at least 4 weeks time to resolve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute resolution.
- Contracts between the entrepreneur and the consumer to which these general terms and conditions apply, are governed exclusively by Dutch law.
- Disputes between the consumer and the entrepreneur about the conclusion or performance of agreements regarding products or services that need to be delivered by this entrepreneur, subject to the provisions below, can be submitted by both the consumer and the entrepreneur to the Disputes Committee Thuiswinkel. , PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
- A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
- If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form that is determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
- When the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably the consumer first reports this to the entrepreneur.
- If the entrepreneur wants to submit a dispute to the Disputes Committee, the consumer shall, within five weeks after a request made in writing by the entrepreneur, pronounce in writing whether he wishes it too or if he wants to have the dispute dealt with by the competent court. If the entrepreneur does not hear from the consumer within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
- The Disputes Committee makes a decision under the conditions like established in the Disputes Committee Regulations (). The decisions of the Disputes Committee are made by way of binding advice (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel).
- The Disputes Committee will not deal with a dispute or discontinue the proceedings if the entrepreneur has been granted a moratorium, if he has been declared bankrupt or has actually terminated its business activities, before a dispute has been dealt with by the committee at the sitting and a final decision has been pointed out.
- If, in addition to the Thuiswinkel Disputes Committee, another recognized Disputes Committee affiliated to the Consumer Disputes Committee or the Complaints Institute for Financial Services is competent, the Disputes Committee Thuiswinkel is preferably entitled to disputes concerning mainly the method of selling or providing services at a distance. . For all other disputes, the other recognized disputes committee affiliated with the Complaints Institute for Financial Services or the Consumer Disputes Committee.
- Thuiswinkel.org guarantees the fulfillment of the binding recommendations of the Disputes Committee Thuiswinkel by its members, unless the member decides to submit the binding opinion within two months after sending it for review to the court. This guarantee revives if the binding advice has been maintained after review by the court and the judgment that shows this has become final. Up to an amount of € 10,000 per binding advice, this amount is paid by Thuiswinkel.org to the consumer. For amounts greater than € 10,000, - per binding advice, € 10,000 will be paid out. For the multiple Thuiswinkel.org has an effort obligation to ensure that the member complies with the binding advice.
- The application of this guarantee requires that the consumer makes a written appeal to Thuiswinkel.org and that he transfers his claim on the entrepreneur to Thuiswinkel.org. If the claim on the entrepreneur amounts to more than € 10,000, the consumer is offered to transfer his claim in so far as it exceeds the amount of € 10,000, - to Thuiswinkel.org, after which this organisation pays the payment in its own name and will ask costs in court for satisfaction to the consumer.
Additional or deviating provisions of these 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 medium.
- Thuiswinkel.org will not change these terms and conditions without a consultation with the Consumers' Association.
- Amendments to these terms and conditions shall only take effect after they have been published in the appropriate manner, understanding that in case of applicable amendments during the term of an offer the most favorable provision for the consumer will prevail.
Horaplantsoen 20, 6717 LT Ede
PO Box 7001, 6710 CB Ede
Annex I: Model form for withdrawal
Model form for withdrawal
(only fill in this form and return it when you want to cancel the contract)
- To: [ name of entrepreneur ]
[ geographic address entrepreneur ]
[ fax number entrepreneur, if available ]
[ e-mail address or electronic address of entrepreneur ]
- I / We* hereby inform you, that I / we* our agreement concerning
the sale of the following products: [product designation]*
the delivery of the following digital content: [digital content designation]*
the performance of the following service: [service designation]*,
revokes / revoke*
- Ordered on*/ received on* [date order with services or receipt with products]
- [Consumer name(s)]
- [Consumer address(s)]
- [Signature consumer(s)] (only when this form is submitted on paper)
*Delete what is not applicable or fill in what is applicable.