Terms and Conditions
GENERAL TERMS AND CONDITIONS HOME SHOP
These General Terms and Conditions of the Dutch Home Shopping Organization have been drawn up in consultation with the Consumers' Association within the framework of the Coordination Group Self-Regulation Consultation (CZ) of the Social and Economic Council and will come into effect on 1 January 2012.
These General Terms and Conditions will be used by all members of the Dutch Thuiswinkel Organization with the exception of financial services as referred to in the Financial Supervision Act and insofar as these services are supervised by the Netherlands Authority for the Financial Markets.
TABLE OF CONTENTS:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Duration transactions:duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Industry guarantee
Article 17 - Additional or different provisions
Article 18 - Amendment of the Thuiswinkel general terms and conditions
ARTICLE 1 - DEFINITIONS
In these terms and conditions, the following definitions apply:
- Reflection period:the period within which the consumer can make use of his right of withdrawal;
- Consumer:the natural person who does not act in the course of a profession or business and who enters into a distance contract with the entrepreneur;
- Day:calendar day;
- Duration transaction:a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable data carrier:any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information;
- Right of withdrawal:the option for the consumer to waive the distance contract within the cooling-off period;
- Entrepreneur:the natural or legal person who is a member of the Dutch Thuiswinkel Organization and who offers products and/or services to consumers at a distance;
- Distance contract:an agreement in which, in the context of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
- Technique for distance communication:means that can be used for concluding an agreement, without the consumer and entrepreneur meeting simultaneously in the same room;
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Name of entrepreneur:Brandfarm BV
trading under the name(s):Yellowcab-shoes.com
Business & visiting address:Zuidhollandsedijk 181 5171 TM Kaatsheuvel
Chamber of Commerce number:53920503
If the activity of the entrepreneur is subject to a relevant licensing system:the data about the supervisory authority:
- If the entrepreneur practices a regulated profession:
- the professional association or organization to which he is affiliated;
- the professional title, the place in the EU or the European Economic Area where it was awarded;
- a reference to the professional rules that apply in the Netherlands and indications where and how these professional rules can be accessed.
ARTICLE 3 - APPLICABILITY
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumerIf this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be stored in a simple way on a durable data carrierIf 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 they will be sent free of charge at the request of the consumer electronically or otherwise.
- In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. is.
ARTICLE 4 - THE OFFER
- If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services offeredThe description is sufficiently detailed to allow a proper assessment of the offer by the consumerIf the entrepreneur uses images, these are a true representation of the products and/or services offeredObvious 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 the acceptance of the offer.This concerns in particular:
- the price including taxes;
- any costs of delivery;
- the manner in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal applies; the method of payment, delivery and execution of the agreement;
- the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
- whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
- the way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically;
- the minimum duration of the distance contract in the case of a long-term transaction.
ARTICLE 5 - THE AGREEMENT
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically.As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment.If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur can inform himself – within legal frameworks – whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract.If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
- The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the establishment of the entrepreneur where the consumer can go 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 warranties and existing after-sales service;
- the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
When delivering products:
- When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during 30 daysThis reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
- During the cooling-off period, the consumer will handle the product and the packaging with careHe will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When providing services:
- When providing services, the consumer has the option to dissolve the agreement without stating reasons during at least fourteen days, commencing on the day of entering into the agreement.
- To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL
- If the consumer makes use of his right of withdrawal, at most the costs of return will be for his account.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
ARTICLE 8 - EXCLUSION RIGHT OF WITHDRAWAL
- The entrepreneur can exclude the consumer's right of withdrawal insofar as provided for in paragraphs 2 and 3The exclusion of the right of withdrawal only applies if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- that have been established by the entrepreneur in accordance with the consumer's specifications;
- which are clearly personal in nature;
- which by their nature cannot be returned;
- which can spoil or age quickly;
- the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for loose newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- relating to accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
- the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
- concerning betting and lotteries.
ARTICLE 9 - THE PRICE
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices.This dependence on fluctuations and the fact that any prices stated are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions;
- whether the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
ARTICLE 10 - CONFORMITY AND WARRANTY
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulationsIf agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
ARTICLE 11 - DELIVERY AND PERFORMANCE
- The entrepreneur will take the greatest possible care when receiving and executing orders for 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 company.
- With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless a longer delivery period has been agreed.If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order.In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
- In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.
- If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement item availableAt the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item is being deliveredFor replacement items right of withdrawal can not be excludedThe costs of any return shipment are for the account of the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
ARTICLE 12 - DURATION TRANSACTIONS:DURATION, CANCELLATION AND EXTENSION
- The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
- The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of services, at any time towards the end of the definite term, with due observance of the agreed cancellation rules and a notice period of no more than one month.
- The consumer can conclude the agreements referred to in the previous paragraphs:
- cancel at any time and are not limited to cancellation at any particular time or period;
- at least cancel in the same way as they have entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
- An agreement that has been entered into for a definite period and which extends to the regular delivery of services may not be tacitly extended or renewed for a definite period.
- 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 news and weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer opposes this extended contract. can cancel the end of the extension with a notice period of no more than one month.
- An agreement that has been entered into for a definite period and which extends to the regular delivery of services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of 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.
- An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
- 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 cancellation before the end of the agreed duration.
ARTICLE 13 - PAYMENT
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in Article 6 paragraph 1In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
- When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditionsWhen advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
- The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
- In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
ARTICLE 14 - COMPLAINTS PROCEDURE
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly, 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 receiptIf a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification 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 complaint form on the consumer page of the website of the Dutch Home Shopping Organization www.thuiswinkel.orgThe complaint will then be sent to both the relevant entrepreneur and the Dutch Home Shopping Organization.
- If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
ARTICLE 15 - DISPUTES
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
- Disputes between the consumer and the entrepreneur about the conclusion or implementation of agreements with regard to products and services to be delivered or delivered by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Thuiswinkel Disputes Committee. , PO Box 90600, 2509 LP, 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.
- The dispute must be submitted in writing to the Disputes Committee no later than three months after the dispute has arisen.
- If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choiceIf the entrepreneur wishes to do so, the consumer will have to state in writing within five weeks after a written request to that effect by the entrepreneur whether he also wishes to do so or whether he wants the dispute to be handled by the competent court.If the entrepreneur is not informed of the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
- The Disputes Committee makes a decision under the conditions as set out in the regulations of the Disputes CommitteeThe decisions of the Disputes Committee are made by way of binding advice.
- The Disputes Committee will not deal with a dispute or will discontinue the handling if the entrepreneur has been granted a suspension of payments, has gone bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the committee at the hearing and a final decision has been issued. has been pointed out.
- If, in addition to the Thuiswinkel Disputes Committee, another disputes committee recognized or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Thuiswinkel Disputes Committee has exclusive jurisdiction for disputes mainly relating to the method of selling or providing remote services.For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.
ARTICLE 16 - INDUSTRY WARRANTY
- The Dutch Thuiswinkel Organization guarantees compliance with the binding advice of the Thuiswinkel Disputes Committee by its members, unless the member decides to submit the binding advice to the court for review within two months after it has been sent.This guarantee is revived if the binding advice has remained in force after review by the court and the judgment from which this appears has become final.Up to a maximum amount of €10,000 per binding advice, this amount is paid to the consumer by the Dutch Home Shopping OrganizationFor amounts greater than €10,000 per binding advice, €10,000 will be paidFor the excess, the Dutch Thuiswinkel Organization has a best-efforts obligation to ensure that the member complies with the binding advice.
- The application of this guarantee requires that the consumer submits a written appeal to the Dutch Thuiswinkel Organization and that he transfers his claim against the entrepreneur to the Dutch Thuiswinkel Organization.If the claim against the entrepreneur exceeds €10,000, the consumer is offered to transfer his claim insofar as it exceeds the amount of €10,000 to the Dutch Home Shopping Organization, after which this organization will pay the claim in its own name and at the expense of the entrepreneur. payment thereof will demand in court to satisfy the consumer.
ARTICLE 17 - ADDITIONAL OR DIFFERENT PROVISIONS
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
ARTICLE 18 - AMENDMENT OF THE GENERAL TERMS AND CONDITIONS FOR HOME SHOP
- The Dutch Home Shopping Organization will only change these general terms and conditions in consultation with the Consumers' Association.
- Changes to these terms and conditions will only take effect after they have been published in an appropriate manner, on the understanding that in the event of any applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.
Address Dutch Home Shopping Organisation:PO Box 7001, 6710 CB Ede.