General terms and conditions
General Terms and Conditions Home Shop
Article 1 - Definitions
In these terms and conditions, the following is understood by:
- Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are delivered by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
- Reflection period: the period within which the consumer can make use of their right of withdrawal;
- Consumer: the natural person who does not act for purposes related to their trade, business, craft or profession;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Continuous agreement: an agreement aimed at the regular delivery of goods, services and/or digital content over a certain period;
- Durable data carrier: any tool - including email - that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period suited to the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
- Right of withdrawal: the consumer’s option to withdraw from the distance 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 at a distance to consumers;
- Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement, one or more means of distance communication are used exclusively or jointly;
- Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer has no right of withdrawal regarding their order;
- Means of distance communication: a means that can be used for concluding an agreement without the consumer and entrepreneur being simultaneously present in the same place.
Article 2 - Identity of the entrepreneur
GENTS B.V. (statutory name, possibly supplemented with trade name);
Registered address: Gijsbrecht van Amstelstraat 127 1214 AW Hilversum; Visiting address: Lemelerbergweg 15, 1101 AJ Amsterdam-Zuidoost;
Telephone number: 020 752 9869 (available from 09:00 to 17:30)
Email address: klantenservice@gents.nl
Chamber of Commerce number: 50187465
VAT identification number: NL822599193B01
If the entrepreneur’s activity is subject to a relevant licensing system:
information 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 granted;
- a reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules can be accessed.
Article 3 - Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
- Before the distance agreement 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 indicate before the distance agreement is concluded how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
- If the distance agreement is concluded electronically, contrary to the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
- In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in case of conflicting conditions, the consumer may always rely on the applicable provision that is most favourable to them.
Article 4 - The offer
- If an offer has a limited period of validity or is made under conditions, this will be clearly stated in the offer.
- The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is detailed enough to allow the buyer to make a proper assessment of the offer. If the trader uses images, these are a truthful representation of the offered products, services and/or digital content. Obvious mistakes or clear errors in the offer do not bind the trader.
- Each offer contains such information that it is clear to the buyer what rights and obligations are connected to the acceptance of the offer.
Article 5 - The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set forth.
- If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur shall 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 shall observe appropriate security measures.
- The entrepreneur may, within legal frameworks, inquire whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If the entrepreneur has good reasons based on this inquiry not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
- At the latest upon delivery of the product, service, or digital content to the consumer, the entrepreneur shall provide the following information, in writing or in such a way that the consumer can store it accessibly on a durable data carrier:
- the visiting address of the entrepreneur’s establishment where the consumer can address complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
- information about guarantees and existing after-sales service;
- the price including all taxes of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or execution of the distance agreement;
- 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 withdrawal form.
- In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
For products:
- The consumer may cancel an agreement regarding the purchase of a product within a reflection period of at least 14 days without giving reasons. The trader may ask the consumer for the reason for cancellation, but may not require the consumer to provide their reason(s).
- The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
- if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The trader may refuse an order of multiple products with different delivery times, provided the consumer has been clearly informed of this before the ordering process.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
- for agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, has received the first product.
For services and digital content not supplied on a tangible medium:
- The consumer may cancel a service agreement and an agreement for the supply of digital content not supplied on a tangible medium within at least 14 days without giving reasons. The trader may ask the consumer for the reason for cancellation, but may not require the consumer to provide their reason(s).
- The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content not supplied on a tangible medium if the right of cancellation is not informed about:
- If the trader has not provided the consumer with the legally required information about the right of cancellation or the model cancellation form, the reflection period expires twelve months after the end of the original reflection period established in accordance with the previous paragraphs of this article.
- If the trader has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the reflection period
- During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
- The consumer is only liable for any reduction in the value 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 any reduction in the value of the product if the trader has not provided all legally required information about the right of withdrawal before or at the time of concluding the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and its costs
- If the consumer makes use of their right of withdrawal, they notify the entrepreneur within the reflection period by means of the model withdrawal form or in another unambiguous manner.
- 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 authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has observed the return period in any case if they send back the product before the reflection period has expired.
- The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- 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 stated that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, 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 delivery of gas, water or electricity that has not been made ready for sale in a limited volume or quantity begins during the reflection 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 the full fulfilment of the obligation.
- The consumer does not bear costs for the performance of services or the delivery of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the delivery of district heating, if:
- the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form, or;
- the consumer has not expressly requested the start of the performance of the service or delivery of gas, water, electricity or district heating during the reflection period.
- The consumer does not bear costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
- they have not expressly agreed to the start of the fulfilment of the agreement before the end of the reflection period;
- they have not acknowledged losing their right of withdrawal by giving their consent; or
- the entrepreneur has failed to confirm this statement of the consumer.
- If the consumer makes use of their right of withdrawal, all additional agreements are dissolved by operation of law.
Article 9 - Obligations of the entrepreneur upon withdrawal
- If the trader enables the consumer to notify withdrawal electronically, he shall send a confirmation of receipt without delay after receiving this notification.
- The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait to refund until he has received the product or the consumer has shown that he has sent back the product, whichever occurs first.
- The trader shall use the same means of payment for the refund that the consumer used, unless the consumer agrees to a different method. The refund shall be free of charge for the consumer.
- If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader is not obliged to refund the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal;
The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this at the offer, or at least in time before the conclusion of the agreement:
- Products or services whose price is subject to fluctuations on the financial market that the trader cannot influence and which may occur within the withdrawal period
- Agreements concluded during a public auction. A public auction is understood as a sales method whereby products, digital content and/or services are offered by the trader to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and where 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:
- the performance has begun with the express prior consent of the consumer; and
- the consumer has declared that he loses his right of withdrawal as soon as the trader has fully performed the agreement;
- Package travel as referred to in article 7:500 of the Civil Code and agreements for passenger transport;
- Service agreements for the provision of accommodation, if a specific date or period of performance is provided in the agreement and other than for residential purposes, goods transport, car rental services and catering;
- Agreements relating to leisure activities, if a specific date or period of performance is provided in the agreement;
- Products made to the consumer’s specifications, which are not prefabricated and 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, after delivery, are irrevocably mixed by their nature with other products;
- Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market which the trader cannot influence;
- Sealed audio, video recordings and computer software, whose seal has been broken after delivery;
- Newspapers, magazines or periodicals, except for subscriptions thereto;
- The supply of digital content not supplied on a tangible medium, but only if:
- the performance has begun with the express prior consent of the consumer; and
- the consumer has declared that he thereby 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.
- Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This tie to fluctuations and the fact that any stated prices are indicative prices will be mentioned in the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
- these are the result of legal regulations or provisions; or
- the consumer has the right to terminate the agreement as of the day the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
Article 12 - Performance and additional warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
- An additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.
- Additional warranty means any commitment by the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to provide in case they have failed to fulfill their part of the agreement.
Article 13 - Delivery and execution
- The trader shall exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
- The place of delivery shall be the address that the consumer has communicated to the trader.
- Subject to the provisions in article 4 of these general terms and conditions, the trader shall execute accepted orders with due speed but no later than within 30 days, unless another delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
- After dissolution in accordance with the previous paragraph, the trader shall promptly refund the amount paid by the consumer.
- The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
Article 14 - Duration transactions: duration, termination, and extension
Termination:
- The consumer may terminate an agreement entered into for an indefinite period and aimed at the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate an agreement entered into for a fixed period and aimed at the regular delivery of products (including electricity) or services at any time at the end of the fixed term, observing the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate the agreements mentioned in the previous paragraphs:
Extension:
- An agreement entered into for a fixed period and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
- Contrary to the previous paragraph, an agreement entered into for a fixed period and aimed at the regular delivery of daily, news, and weekly papers and magazines may be tacitly extended for a fixed term of up to three months, provided the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
- An agreement entered into for a fixed period and aimed at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is at most three months if the agreement concerns the regular, but less than once a month, delivery of daily, news, and weekly papers and magazines.
- An agreement of limited duration for the regular introductory delivery of daily, news, and weekly papers and 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 one year with a notice period of no more than one month, unless fairness and reasonableness oppose termination before the end of the agreed duration.
Article 15 - Payment
- Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or if there is no reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period starts on the day after the consumer has received confirmation of the agreement.
- When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment is agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
- The consumer has the duty to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.
- If the consumer does not meet their payment obligation(s) on time, after being notified by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days, starting the day after receipt of the reminder, to still fulfill their payment obligations, and payment is not made within this 14-day period, the consumer owes statutory interest on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to 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 these amounts and percentages to 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 within a reasonable time after the consumer has discovered the defects, fully and clearly described.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
- A complaint about a product, service, or the entrepreneur’s service can also be submitted via a complaints form on the consumer page of the website of Thuiswinkel.org thuiswinkel.org. The complaint will then be sent both to the relevant entrepreneur and to Thuiswinkel.org.
- The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute resolution scheme.
Article 17 - Disputes
- Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. If the entrepreneur directs his activities to the country where the consumer resides, the consumer may also always invoke the mandatory consumer law of his country.
- Disputes between the consumer and the entrepreneur concerning the formation or execution of agreements related to products and services to be delivered or delivered by this entrepreneur may, subject to the provisions below, be submitted by both the consumer and the entrepreneur to the Home Shopping Disputes Committee, P.O. Box 90600, 2509 LP The Hague (sgc.nl).
- A dispute will only be handled 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 in writing or in another form determined by the Committee to the Disputes Committee no later than 12 months after the date on which the consumer filed the complaint with the entrepreneur.
- If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer first informs the entrepreneur of this.
- If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must, within five weeks after a written request from the entrepreneur, state in writing whether he also wishes this or prefers to have the dispute handled by the competent court. If the entrepreneur does not receive the consumer’s choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
- The Disputes Committee issues rulings under the conditions established in the regulations of the Disputes Committee (degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are given as binding advice.
- The Disputes Committee will not handle or will cease handling a dispute if the entrepreneur has been granted suspension of payment, has been declared bankrupt, or has effectively ceased business activities before a dispute has been handled by the committee at a hearing and a final ruling has been made.
- If, besides the Home Shopping Disputes Committee, another recognised disputes committee affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Home Shopping Disputes Committee is preferably competent for disputes mainly concerning the method of distance selling or service. For all other disputes, the other recognised disputes committee affiliated with SGC or Kifid is competent.
Article 18 - Industry Guarantee
- Thuiswinkel.org guarantees the fulfillment of the binding rulings of the Thuiswinkel Disputes Committee by its members, unless the member decides to submit the binding ruling to the court for review within two months after its dispatch. This guarantee is reinstated if the binding ruling remains in force after court review and the judgment confirming this has become final. Up to a maximum amount of €10,000 per binding ruling, this amount will be paid to the consumer by Thuiswinkel.org. For amounts exceeding €10,000 per binding ruling, €10,000 will be paid out. For the remainder, Thuiswinkel.org has a duty to make efforts to ensure that the member complies with the binding ruling.
- For the application of this guarantee, it is required that the consumer makes a written claim to Thuiswinkel.org and transfers their claim against the trader to Thuiswinkel.org. If the claim against the trader exceeds €10,000, the consumer is offered to transfer the portion of the claim exceeding €10,000 to Thuiswinkel.org, after which this organization will, in its own name and at its own expense, seek payment through legal means to satisfy the consumer.
Article 19 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions must 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 20 - Amendment of the General Terms and Conditions Thuiswinkel
- Changes to these terms and conditions shall only take effect after they have been published in an appropriate manner, with the understanding that in the case of applicable changes during the term of an offer, the provision most favorable to the consumer shall prevail.
Appendix 1 - Withdrawal Form
- Download here the home shopping withdrawal form
Thuiswinkel.org
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
P.O. Box 7001, 6710 CB Ede
