Terms and conditions
Thuiswinkel terms and conditions
These terms and conditions of the Nederlandse Thuiswinkel Organisatie have been compiled in consultation with the Consumentenbond within the framework of the Coördinatiegroep Zelfreguleringsoverleg of the Sociaal-Economische Raad and have been in force as of 1 January 2012.
Section 1 - Definitions
Section 2 - Company identification
Section 3 - Applicability
Section 4 - Offer
Section 5 - Agreement
Section 6 - Right to retract
Section 7 - Costs in case of retraction
Section 8 - Right to retract exclusions
Section 9 - Price
Section 10 - Conformity and warranty
Section 11 - Supply and execution
Section 12 - Term transactions: duration, termination and extension
Section 13 - Payment
Section 14 - Complaints procedure
Section 15 - Disputes
Section 16 - Industry guarantee
Section 17 - Additional or deviating provisions
Section 18 - Amendments to Thuiswinkel terms and conditions
Section 1 – Definitions
The following definitions apply to these terms and conditions:
- Cooling-off period: period during which the consumer has the right to retract;
- Consumer: the natural person whose action is not within the course of a profession or business and who enters into an online agreement with the company;
- Day: calendar day;
- Term transaction: an online agreement that relates to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
- Reliable data medium: all resources that enable the consumer or company to store personally directed information in a way that facilitates future consultation and unaltered reproduction of the stored information;
- Right to retract: the right of the consumer to annul the online agreement within the cooling-off period;
- Company: the natural person or legal entity that is a member of the Nederlandse Thuiswinkel Organisatie and that offers products and/or services online to consumers;
- Online agreement: an agreement in which use is made of one or more online communication methods within the framework of a system arranged by the company for the online sale of products and/or services, applicable throughout the process;
- Online communication method: method that can be used to close an agreement without a meeting between consumer and company.
Section 2 – Company identification
Name of company: The Bed Company BV
Silvano Online is a trademark of The Bed Company BV (NL)
Telephone number: 0049 32 211 12 2000
Monday to Friday 9:00 - 17:00
Email address: firstname.lastname@example.org
Section 3 – Applicability
- These terms and conditions apply to all offers made by the company and to all online agreements concluded between the company and consumers.
- Before an online agreement is concluded, these general terms and conditions will be made available to the consumer. If this is not possible within reason, the company will, before conclusion of the online agreement, indicate that the terms and conditions are available for inspection at the company premises and that they will as soon as possible be sent free of charge to the consumer upon request.
- If the online agreement is concluded by electronic means, the text contained in these terms and conditions can, in departing from the previous section and before the online agreement is concluded, be made available to the consumer by electronic means in such a way that it is easy for the consumer to store them on a reliable data medium. If this is not possible within reason, the company must, before conclusion of the online agreement, indicate where the terms and conditions can be viewed by electronic means and that the terms and conditions will be sent to the consumer free of charge, by electronic means or otherwise, upon request.
- If specific product or service-related terms and conditions apply in addition to these terms and conditions, the second and third subsections similarly apply, while the consumer has the right to call upon the applicable provision most favourable to him in case of contradictory terms and conditions.
Section 4 – Offer
- If an offer is valid for a limited period or is subject to conditions, this must be explicitly indicated in the offer.
- The offer will contain a comprehensive and accurate description of the products and/or services being offered. The description will be sufficiently detailed to enable the consumer to effectively assess the offer. If the company uses illustrations, these will be a true representation of the products and/or services being offered. The company cannot be held liable for evident errors or miscalculations contained in the offer.
- All offers will contain information that clarifies to the consumer the rights and obligations involved in accepting the offer. Such information includes, in particular:
- price, including relevant taxes;
- possible delivery charges;
- how the agreement will be concluded and what actions are required;
- whether or not the right to retract applies;
- method of payment, delivery and administration of the agreement;
- acceptance of offer period or period of price guarantee by the company;
- online communication charges if the costs of the online communication method are calculated on a different basis to that of the regular base charge of the communication method used;
- whether the agreement will be archived once concluded and, if that is the case, how it can be accessed by the consumer;
- how the consumer can, before conclusion of the agreement, access details provided that are relevant to the agreement in order to check and amend them if necessary;
- languages, besides Dutch, in which the agreement can be concluded;
- the codes of conduct applicable to the company and how the consumer can access these codes of conduct by electronic means;
- minimum duration of the online agreement in case of a term transaction.
Section 5 – Agreement
- The agreement is in place, on condition of that which is stipulated in section 4, when the consumer accepts the offer and fulfils the relevant conditions.
- If the consumer accepts the offer by electronic means, the company will immediately use electronic means to confirm receipt of acceptance of the offer. The consumer has the right to annul the agreement as long as acceptance has not been confirmed by the company.
- If the agreement is concluded by electronic means, the company will put suitable technical and organisational measures in place to secure the electronic transfer of details and ensure a safe internet environment. If the consumer is able to pay by electronic means, the company will put suitable security measures in place.
- The company may obtain information – within legal frameworks – about the consumer’s ability to fulfil his payment obligations, as well as about facts and factors that will contribute to a reliable online agreement. If, after such investigation, the company has sufficient grounds for declining the agreement, it has the legal right to reject any order or application or to attach special conditions to the agreement.
- With the product or service, the company will send to consumer the following information in writing, or in such a way that the consumer can store it on a reliable data medium for future access:
- company’s physical address at which the consumer can lodge complaints;
- conditions and method according to which the consumer can exercise the right to retract or a clear notification referring to right to retract exclusions;
- information on warranties and existing aftersales service;
- details referred to in section 4 subsection 3 of these terms and conditions, unless the company has provided the consumer with these prior to conclusion of the agreement;
- conditions for termination of the agreement if the duration of the agreement exceeds one year or has an indefinite duration.
- In case of a term transaction, the provisions from the previous subsection only apply to the initial supply.
Section 6 – Right to retract
Upon supply of products:
- In case of purchased products, the consumer has the right to annul the agreement within 14 days without provision of reason. This period commences on the day following receipt of the product by the consumer or a representative assigned by the consumer and made known to the company in advance.
- During the cooling-off period, the consumer will treat the product and its packaging with care. He will only unpack or use the product insofar as is necessary in order to determine whether he keeps the product. If he exercises his right to retract, he will return to the company the product and all supplied accessories in – if possible within reason – original condition and packaging in accordance with reasonable and clear instructions provided by the company.
Upon supply of services:
- In case of services supplied, the consumer has the right to annul the agreement within 14 days without provision of reason, commencing from the date of conclusion.
- In exercising the right to retract, the consumer will act in accordance with reasonable and clear instructions provided by the company upon offer and/or upon supply at the latest.
Section 7 – Costs in case of retraction
- If the consumer exercises the right to retract, the costs of return at most will be for his account.
- If any amount has been paid by the consumer, the company will refund such an amount as soon as possible and within 30 days of return or retraction at the latest.
Section 8 – Right to retract exclusions
- The company can apply exclusions to the right to retract of the consumer insofar as stipulated in sections 2 and 3. Such right to retract exclusions will only apply if clearly indicated by the company as part of the offer or in good time prior to conclusion of the agreement.
- Right to retract exclusions will only apply to products:
- produced by the company according to consumer specifications;
- clearly of a customised nature;
- that cannot be returned due to their nature;
- that can quickly spoil or be rendered obsolete;
- of which the prices are subject to market fluctuations that the company cannot control;
- related to individual newspapers and magazines;
- related to audio and video recordings and computer software of which seals have been broken by the consumer.
- Right to retract exclusions will only apply to services:
- involving accommodation, transport, catering or leisure activities to be provided on a specific date or during a specific period;
- that commenced, with explicit consent of the consumer, before expiry of the cooling-off period;
- involving bets and lotteries.
Section 9 – Price
- Throughout the validity period of the offer, the prices of the offered products and/or services being will not be increased, unless rates of VAT change.
- In departing from the previous subsection, the company may offer products or services, of which the prices are subject to market fluctuations that the company cannot control, at variable rates. This dependency on fluctuations and the fact that possibly mentioned rates are guide prices will be indicated in the offer.
- Price increases within 3 months of conclusion of agreement will only be permitted if they result from legal regulations or provisions.
- Price increases after 3 months of conclusion of agreement will only permitted if indicated by the company and if:
- such increases result from legal regulations or provisions;
- the consumer has the right to terminate the agreement when such price increases take effect.
- Prices applicable to offers for products or services are inclusive of VAT.
Section 10 – Conformity and warranty
- The company will guarantee that the products and/or services conform to the agreement, to the specifications included in the offer, to reasonable reliability and/or serviceability demands and to legal provisions and/or government regulations in place on the date of conclusion. If agreed, the company will also guarantee that the product is suitable for applications other than regular use.
- A warranty supplied by the company, manufacturer or importer will not affect the legal rights of the consumer or the right of the consumer to lodge a claim against the company on grounds of the agreement.
Section 11 – Supply and execution
- The company will take the utmost care in receiving and executing product orders and in handling requests for the provision of services.
- The place of delivery will be deemed the address supplied to the company by the consumer.
- Considering the relevant provisions in section 4 of these terms and conditions, the company will execute accepted orders in good time and within 30 days at the latest, unless a longer supply period is negotiated. If supply is delayed or if an order cannot be executed or can be only partly executed, the consumer will receive notification within 30 days of the order being placed at the latest. In this case, the consumer will have the right to annul the agreement free of any cost and will be entitled to potential compensation.
- If the agreement is annulled in accordance with the previous section, the company will refund any payment made by the consumer as soon as possible and within 30 days of annulment at the latest.
- If supply of an ordered product proves impossible, the company will endeavour to supply a replacement product. The consumer will be clearly and comprehensibly notified about supply of a replacement product upon delivery at the latest. No right to retract exclusions will apply to replacement items. The cost of possible return will be for the account of the company.
- Any risk related to damage and/or loss of products will be carried by the company until products have been delivered to the consumer or a representative assigned by the consumer and made known to the company in advance, unless explicitly negotiated otherwise.
Section 12 – Term transactions: duration, termination and extension
- In terms of an agreement concluded for an indefinite period of time that encompasses the regular supply of services, the consumer has the right to terminate at any time taking predetermined termination procedures and a notice period of one month at the most into account.
- In terms of an agreement concluded for a set period of time that encompasses the regular supply of services, the consumer has the right to terminate at any time taking predetermined termination procedures and a notice period of one month at the most into account.
- In terms of agreements as described in the previous two subsections, the consumer has the right to:
- terminate at any time without restrictions related to specific times or specific periods;
- at the very least terminate these agreements as they were concluded by him;
- terminate subject to the same notice period applied by the company.
- An agreement concluded for a set period of time that encompasses the regular supply of services may not be tacitly extended or renewed for a fixed term.
- In departing from the previous subsection, an agreement concluded for an indefinite period and encompassing the regular delivery of dailies, newspapers, weeklies and magazines may be tacitly extended for a fixed period of three months at the most, if the consumer can terminate the extended agreement at the end of the extension with a notice period of one month at most.
- An agreement concluded for a set period of time that encompasses the regular supply of services may only be tacitly extended for an indefinite period if the consumer can at any time terminate subject to a notice period of one month at most, and a notice period of three months at most if the agreement encompasses the regular - but less often than once a month - delivery of dailies, newspapers, weeklies and magazines.
- An agreement with limited duration that encompasses the introductory delivery of dailies, newspapers, weeklies and magazines (trial or introductory subscription) may not be extended and will automatically terminate at the end of the trial or introductory period.
- If an agreement exceeds one year, the consumer has the right to terminate the agreement at any time after one year subject to a notice period of one month at most, unless – in all reason and fairness - there is no just cause for termination before the end of the agreed period.
Section 13 – Payment
- If nothing else has been negotiated, any amount owed by the consumer must be paid within 14 days of commencement of the cooling-off period as stipulated in section 6 subsection 1. If an agreement relates to a service, this period will commence once the consumer receives confirmation of the agreement.
- In case of the sale of products to consumers, the terms and conditions may never demand advance payment of more than 50%. In case of advance payment, the consumer cannot derive any rights whatsoever in terms of the execution of the relevant order or service(s) until advance payment has been made.
- The consumer is must immediately notify the company about any errors in payment details issued or provided.
- In case of default by the consumer, the company has the right, subject to legal restrictions, to charge reasonable costs made known to the consumer in advance.
Section 14 – Complaints procedure
- The company employs an adequately publicised complaints procedure and will handle any complaint according to this complaints procedure.
- Complaints related to the execution of the agreement must be submitted to the company in good time, in full and clearly described as soon as the consumer observes any defects.
- The company will respond to submitted complaints within a period of 14 days from the date of receipt. If a complaint foreseeably requires a longer processing period, the company will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more comprehensive response.
- Complaints about the company’s products, services or customer care can also be submitted by means of completing a complaints form on the consumer page of the website of the Nederlandse Thuiswinkel Organisatie at www.thuiswinkel.org. The complaint will be forwarded to the company involved and to the Nederlandse Thuiswinkel Organisatie.
- If a complaint cannot be resolved by means of mutual negotiation, it will become a dispute and will be subject to the dispute procedure.
Section 15 – Disputes
- Dutch law will exclusively apply to agreements – subject to these terms and conditions - concluded between the company and the consumer.
- Disputes between the consumer and the company related to the conclusion or execution of agreements that involve products and services to be supplied by the company can be submitted by either the consumer or the company to the Geschillencommissie Thuiswinkel, PO Box 90600, 2509 LP, The Hague (www.sgc.nl).
- A dispute will only be handled by the Geschillencommissie if the complaint has first been submitted by the consumer to the company in good time.
- A dispute must be submitted to the Geschillencommissie in writing within three months of the dispute arising at the latest.
- If the consumer wishes to submit a dispute to the Geschillencommissie, the company will be bound by its decision. If the company wishes to do so, the consumer must – within five weeks of a request by the company - indicate in writing whether he agrees to the handling of the dispute by the authorised court. If the company does not receive the decision of the consumer within five weeks, the company will have the right to submit the dispute to the authorised court.
- The Geschillencommissie rules according to the conditions as established by the regulations of the Geschillencommissie. Rulings by the Geschillencommissie will be considered binding recommendations.
- The Geschillencommissie will not handle a dispute or will terminate its involvement if the company has been granted a moratorium on payments, is in a state of bankruptcy or has terminated its commercial activities before a dispute has been handled by a sitting of the Geschillencommissie and a final ruling has been made.
- If, in addition to the Geschillencommissie Thuiswinkel, another recognised disputes commission or an affiliate of the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) has authority, only the Geschillencommissie Thuiswinkel will be authorised in case of disputes mainly arising from online sale of products or services. All other disputes can be handled by another recognised disputes commission affiliated with the SGC or Kifid.
Section 16 – Industry guarantee
- The Nederlandse Thuiswinkel Organisatie guarantees the observance of binding recommendations by its members, unless a member decides to submit such a binding recommendation to the court for review within three months of a ruling. If the binding recommendation is upheld and the ruling is deemed final, any suspension of guarantee will lapse. The Nederlandse Thuiswinkel Organisatie will pay to the consumer the recommended amount to a maximum of €10,000 per binding recommendation. For any amount higher than €10,000, payment will be €10,000. In case of amounts in excess of the aforementioned figure, the Nederlandse Thuiswinkel Organisatie will go to every effort to ensure that the member observes the binding recommendation.
- To apply this guarantee, the consumer must submit a written appeal to the Nederlandse Thuiswinkel Organisatie and indicate that he is transferring his claim against the company to the Nederlandse Thuiswinkel Organisatie. If the claim against the company exceeds €10,000, the consumer will be advised to transfer the claim amount exceeding €10,000 to the Nederlandse Thuiswinkel Organisatie, after which this organisation will pursue payment of the claim to the consumer in court in its own capacity and at its own cost.
Section 17 - Additional or deviating provisions
Additional provisions or provisions that deviate from these terms and conditions may not negatively affect the consumer and must be recorded in writing or in such a way they can be stored on a reliable data medium and are easily accessible to the consumer.
Section 18 – Amendments to Thuiswinkel terms and conditions
- These terms and conditions will only be amended by the Nederlandse Thuiswinkel Organisatie upon consultation with the Consumentenbond.
- Any amendments to these terms and conditions will only take effect once they have been appropriately published and with the understanding that, in case of relevant amendments during the duration of an offer, the provision that most favours the consumer will prevail.
Address of the Nederlandse Thuiswinkel Organisatie: PO Box 7001, 6710 CB Ede, the Netherlands.