Terms and Conditions

Terms and Conditions

These Terms and Conditions of the Webshop Keurmerk Foundation were established in consultation with the Consumers' Association within the framework of the Self-Regulation Consultation Coordination Group (CZ) of the Social and Economic Council and come into effect as of June 1, 2014.

These Terms and Conditions will be used by all members of the Webshop Keurmerk Foundation, with the exception of financial services as referred to in the Financial Supervision Act, insofar as these services are supervised by the Financial Markets Authority.

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 – Obligations of the Consumer during the Cooling-Off Period
Article   8 – Exercising the Right of Withdrawal by the Consumer and Costs of the Same
Article   9 – Obligations of the Entrepreneur in case of withdrawal
Article 10 – Exclusion of the Right of Withdrawal
Article 11 – The Price
Article 12 – Compliance and Extra Guarantee
Article 13 – Delivery and Execution
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 Deviating Provisions
Article 20 – Amendment to the General Conditions of the Webshop Keurmerk Foundation

Article 1 – Definitions
The following terms shall have the following meanings in these conditions:

Supplementary agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft, or profession;
Day: calendar day;
Digital content: data that is produced and supplied in digital form;
Continuing performance contract: a contract which is intended to result in the regular delivery of goods, services, and/or digital content during a specific period;
Durable medium: any tool - including email - that enables the consumer or entrepreneur to store information addressed personally to them in a way that makes future consultation or use during a period that is tailored to the objective for which the information is intended, and which allows unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of the Webshop Keurmerk Foundation and offers products, (access to) digital content and/or services to consumers at a distance;
Distance contract: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby up to and including the conclusion of the agreement exclusive or joint use is made of one or more techniques for remote communication;
Model withdrawal form: the European model withdrawal form included in Annex I to these conditions;
Remote communication technique: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same place at the same time;

Article 2 – Identity of the Entrepreneur

Rovince Exploitatie BV
Josink Esweg 20
7545 PN Enschede
Holland

Telephone number: 088-434 9900 (Mon to Fri 8:30 am – 5:00 pm)
Email address: service@rovince.nl
VAT identification number: NL818327315B01

If the entrepreneur's activity is subject to a relevant licensing regime: the
details of the supervisory authority;

If the entrepreneur carries out a regulated profession:

the professional association or organization with which he is affiliated;
the professional title, the place in the EU or the European Economic Area where it has been awarded;
a reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules are accessible.

Article 3 – Applicability

These general conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general conditions shall be made available to the consumer. If this is reasonably not possible, it will be indicated before the distance contract is concluded, where the general conditions at the entrepreneur can be consulted and that they will be sent free of charge as soon as possible at the request of the consumer.
If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement is concluded, the text of these general conditions can be made available electronically to the consumer in such a way that the consumer can easily store them on a durable medium. If this is reasonably not possible, it will be indicated before the distance contract is concluded, where the general conditions can be electronically consulted and that they will be sent free of charge at the request of the consumer electronically or otherwise.
If, in addition to these general conditions, specific product or service conditions apply, 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 conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is made subject to conditions, this will 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 allow a proper assessment of the offer by the consumer. If the entrepreneur makes use of images, these are a faithful representation of the offered products, services, and/or digital content. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set out therein.
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 entrepreneur has not confirmed the receipt of this acceptance, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will adhere to appropriate security measures.
The entrepreneur can, within the legal framework, investigate 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, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or application, stating reasons, or to attach special conditions to the execution.
The entrepreneur will, at the latest upon delivery of the product, service, or digital content, send the following information to the consumer in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
b. 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;
c. the information about guarantees and existing after-purchase service;
d. 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;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.

In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of Withdrawal
For products:

The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but this does not oblige them to state any reason(s).
The cooling-off period mentioned in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer, 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 can, provided he has clearly informed the consumer prior to the ordering process, refuse an order of several products with different delivery times.
if the delivery of a product consists of different shipments or components: the day on which the consumer, or a third party designated by him, has received the last shipment or the last component;
in the case of agreements for the 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 can dissolve a services agreement and an agreement for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but this does not oblige them to state any reason(s).
The cooling-off period mentioned in paragraph 3 commences on the day following the conclusion of the agreement.
Extended cooling-off period for products, services, and digital content 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 withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period established 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 commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day the consumer received that information.

Article 7 – Obligations of the Consumer during the Cooling-Off 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 principle is that the consumer may only handle and inspect the product as he would in a shop.
The consumer is only liable for depreciation of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercising the Right of Withdrawal by the Consumer and Costs Thereof

If the consumer exercises his right of withdrawal, he will notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to the entrepreneur or an authorized representative. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any case if he returns the product before the cooling-off period has expired.
The consumer will return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with reasonable and clear instructions provided by the entrepreneur.
The consumer bears the risk and burden of proof for the correct and timely exercise of the right of withdrawal.
The consumer bears the direct costs of returning the product. If the entrepreneur has not stated 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 return costs.
If the consumer withdraws after first expressly requesting that the performance of the service or the supply of gas, water, or electricity not ready for sale be made available in a limited volume or quantity during the cooling-off period, the consumer owes the entrepreneur an amount proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to full compliance with the obligation.
The consumer does not bear costs for the performance of services or the supply of water, gas, or electricity, not 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 legally required information about the right of withdrawal, the reimbursement of costs in case of withdrawal, or the model withdrawal form, or;
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.
The consumer does not bear costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
he has not expressly agreed to start the fulfillment of the agreement before the end of the cooling-off period before the delivery thereof;
he has not acknowledged to lose his right of withdrawal by granting his consent, or
the entrepreneur has failed to confirm this declaration from the consumer.
If the consumer exercises his right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

If the entrepreneur enables electronic notice of withdrawal by the consumer, he will send a confirmation of receipt without delay after receiving this notification.
The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay 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 to refund until he has received the product or until the consumer proves he has returned the product, whichever is earlier.
The entrepreneur will use the same payment method for reimbursement that the consumer 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 reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal

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, or at least in good time before concluding the agreement:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
Agreements concluded at a public auction. A public auction is understood to mean a method of sale whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to take the products, digital content, and/or services;
Service agreements, after full performance of the service, but only if:
the performance has begun with the consumer’s explicit prior consent; and
the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the agreement;
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services, and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance thereof;
Products made to the consumer's specifications, which are not prefabricated and which are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products which are irreversibly mixed with other products after delivery by their nature;
Alcoholic beverages whose price has been agreed at the time of the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations of the market over which the entrepreneur has no influence;
Sealed audio, video recordings, and computer software, the seals of which have been broken after delivery;
Newspapers, periodicals, or magazines, except subscriptions thereto;
The delivery of digital content other than on a tangible medium, but only if:
the performance has begun with the consumer’s explicit prior consent; and
the consumer has declared that he loses his right of withdrawal.

Article 11 – The Price

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.
Notwithstanding 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 at variable prices. This dependence on fluctuations and the fact that any prices indicated 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:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement on the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

Article 12 – Compliance with the Agreement and Extra Guarantee

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 existing statutory provisions and/or government regulations on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An extra guarantee provided by the entrepreneur, his supplier, manufacturer, or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has failed to comply with his part of the agreement.
Extra guarantee is understood to mean any commitment of the entrepreneur, his supplier, importer, or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do if he has failed to comply with his part of the agreement.

Article 13 – Delivery and Execution

The entrepreneur will observe the utmost 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 entrepreneur.
With due observance of what is stated about this in Article 4 of these general conditions, the entrepreneur will execute accepted orders with competent speed but at the latest within 30 days, unless another delivery period has been agreed upon. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified of this at the latest 30 days after he has placed the order. In such cases, the consumer has the right to dissolve the agreement without costs and right to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount the consumer has paid.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur unless expressly agreed otherwise.

Article 14 – Duration Transactions: Duration, Termination, and Renewal
Termination:

The consumer can terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer can terminate a fixed-term agreement that extends to the regular delivery of products (including electricity) or services at any time at the end of the specific term, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer can:terminate the agreements mentioned in the previous paragraphs at all times and not be limited to termination at a specific time or in a particular period;
at least terminate them in the same manner as they have been entered into by him;
always terminate them with the same notice period as the entrepreneur has stipulated for himself.
Renewal:

An agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a fixed period.
In deviation from the previous paragraph, a fixed-term agreement that extends to the regular delivery of daily-newspapers, news, and weekly magazines can be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
A fixed-term agreement that extends to the regular delivery of products or services can only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month. The notice period is a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily-newspapers, news, and weekly magazines.
An agreement with limited duration to the regular delivery for introductory purposes of daily-newspapers, news, and weekly magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration:

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

Article 15 – Payment

Insofar as not otherwise provided 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 an agreement to provide a service, this period commences the day after the consumer has received the confirmation of the agreement.
In the sale of products to consumers, the consumer may never be obliged in general terms to pay more than 50% in advance. When prepayment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s), before the stipulated prepayment has been made.
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) in time, he is, after being pointed out by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the failure to pay within this 14-day period, over the still owed amount, he owes the statutory interest and the entrepreneur is entitled to charge him the extrajudicial collection costs borne by him. These collection costs are a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500, and 5% on the following €5,000 with a minimum of €40. The entrepreneur may deviate from the stated amounts and percentages for the benefit 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 execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days counted from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the 14-day term with an acknowledgment 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 Website of Stichting Webshop Keurmerk (http://keurmerk.info/Home/MisbruikOfKlacht). The complaint is then sent to both the relevant entrepreneur and Stichting Webshop Keurmerk.
If the complaint cannot be resolved within a reasonable period or within 3 months after submitting the complaint in mutual consultation, a dispute arises that is subject to the dispute settlement.

Article 17 – Disputes

In the first instance, a consumer must approach the entrepreneur with a complaint. If the online store is affiliated with WebwinkelKeur and complaints cannot be solved in mutual consultation, the consumer must approach WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this online store has an active membership via https://www.webwinkelkeur.nl/leden/. If a solution is still not reached, the consumer has the opportunity to have his complaint handled by the independent dispute committee appointed by WebwinkelKeur, whose decision is binding and to which both entrepreneur and consumer agree. Submitting a dispute to this dispute committee involves costs that the consumer must pay to the relevant committee.

Article 18 – Industry Guarantee

Stichting Webshop Keurmerk guarantees compliance with the binding advice of the Webshop Keurmerk Foundation Disputes Committee by its members, unless the member decides to submit the binding advice to the judge for review within two months after its dispatch. This guarantee revives if the binding advice is upheld after judicial review, and the judgment of which this appears has become final. Up to a maximum amount of €10,000 per binding advice, this amount will be paid to the consumer by Stichting Webshop Keurmerk. In case of amounts higher than €10,000 per binding advice, €10,000 will be paid. For the excess, Stichting Webshop Keurmerk has an obligation of effort to ensure that the member complies with the binding advice.
For the application of this guarantee, it is required that the consumer submits a written appeal to Stichting Webshop Keurmerk and transfers his claim against the entrepreneur to Stichting Webshop Keurmerk. If the claim against the entrepreneur exceeds €10,000, the consumer will be offered to transfer his claim insofar as it exceeds the amount of €10,000 to Stichting Webshop Keurmerk, after which this organization will ask for payment thereof in its name and at its expense in court to satisfy the consumer.

Article 19 – Additional or Deviating Provisions

Additional or deviating provisions from these general conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that these can be stored by the consumer in an accessible manner on a durable medium.

Article 20 – Amendment to the General Conditions of the Webshop Keurmerk Foundation

Stichting Webshop Keurmerk shall not amend these general conditions except in consultation with the Consumers' Association.
Amendments to these conditions shall only come into force after they have been published in an appropriate manner, provided that in the event of applicable changes during the term of an offer, the most favorable provision for the consumer will prevail.
Address of Webshop Keurmerk Foundation:
Willemsparkweg 193, 1071 HA Amsterdam

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Quality
Products from the webshop of Rovince Exploitatie BV are of high quality and meet all requirements and standards that products must meet within the European Union. When used in the normal way for which the product is intended, the products do not pose any danger to the user and/or her environment. Rovince Exploitatie BV is not liable for any damage, loss, physical, mental or material, after or during use of goods sold by Rovince Exploitatie BV. Actual colors may vary from what is displayed on the buyer’s monitor.