General terms and conditions

General Terms and Conditions for members of Stichting WebwinkelKeur

CONTENTS

Article 1 – Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - Offer

Article 5 - Agreement

Article 6 - Right of withdrawal

Article 7 - Withdrawal costs

Article 8 - Exclusion of right of withdrawal

Article 9 - Pricing

Article 10 - Conformity and guarantees

Article 11 - Delivery and execution

Article 12 - Extended duration transactions: duration, termination and extension

Article 13 - Payments

Article 14 - Complaints

Article 15 - Disputes

Article 16 - Additional or different provisions


Article 1 – Definitions

In these terms and conditions the following definitions apply:

  1. Cooling off period: The term during which the consumer can exercise his right of withdrawal;
  2. Consumer: the natural person not dealing on behalf of a company or profession and who enters into a distance agreement with the entrepreneur.
  3. Day: Calendar/work day;
  4. Extended duration transaction: a distance agreement with respect to a series of products and/or services, the delivery and/or acceptance obligation for which is spread out in time;
  5. Durable information carrier: any instrument that enables the customer or the entrepreneur to store information addressed personally to them in a way accessible to future reference and that allows the unchanged reproduction of the stored information.
  6. Right of withdrawal: the ability of the consumer to terminate the distance agreement within the cooling-off period.
  7. Model Form: The model withdrawal form made available by the entrepreneur to be completed by a consumer if he wants to exercise his right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance.
  9. Distance Agreement: an agreement based on a system for distance sales of products and services organised by the entrepreneur, including the closing of an agreement using one or more techniques of distant communication;
  10. Technology for remote communication: a means that can be used to close an agreement without the consumer and the entrepreneur having gathered together in the same place and at the same time.
  11. Terms And Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur


Name of entrepreneur:
W.F. Retail B.V.
acting under the name/names: R2 Amsterdam/R2

Location address:
Suikersilo West 33 - 10th floor
1165 MP Halfweg
Netherlands

Contact details:
Telephone number: +31 (0)20 26 23 864
E-mail: webshop@R2.amsterdam

Account number: NL26 RABO 0132 3941 11
KvK number: 63132168
VAT identification number: NL855106116B01

Article 3 - Applicability

  1. These general terms and conditions apply to any offer by the entrepreneur and to every finalised distance agreement between entrepreneur and consumer.
  2. Before the distance agreement is closed, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, then before the distance agreement is concluded, it will be indicated that the general terms and conditions can be reviewed at the entrepreneur's location and will be sent at the request of the consumer to the consumer as soon as possible without charge.
  3. If the distance agreement is closed electronically, then in derogation of the previous article and before the distance agreement is closed, the text of these general terms and conditions will be made available electronically to the consumer in such a way that the text can be saved in a straightforward way on a durable information carrier. If this is reasonably not possible, then before the distance agreement is closed, it will be indicated where the consumer can find the general terms and conditions electronically and that these terms and conditions will, at the consumer’s request, be sent electronically or otherwise to the consumer without charge.
  4. In the event that aside from these general terms and conditions, specific product and service conditions also apply, the second and third article apply correspondingly, and in case of conflict with the general terms and conditions, the consumer can rely on the relevant provision that is the most favourable for the consumer.
  5. If one or more provisions of these terms is at any time wholly or partially invalid or invalidated, the agreement and these terms and conditions remain otherwise in effect, and the relevant provision will be immediately replaced in consultation by a provision that approaches the scope of the original as much as possible.
  6. Situations that are not covered by these general terms and conditions must be assessed 'in the spirit' of these terms and conditions.
  7. Ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions should be interpreted 'in the spirit' of these terms and conditions.

Article 4 - Offer

  1. If an offer has a limited validity or is made under other conditions, this will be expressly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to change and update the offer.
  3. The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to make it possible for the consumer to make a good assessment of the offer. If the entrepreneur makes use of illustrations, these will be a faithful representation of the products and/or services being offered. Obvious errors or mistakes in the offer are not binding for the entrepreneur.
  4. All images and specification details in the offer are indicative and may not lead to damages or dissolution of the agreement.
  5. Illustrations of products are a faithful representation of the products offered. Entrepreneur cannot guarantee that the displayed colours correspond exactly to the real colours of the products.
  6. Each offer shall include all necessary information clearly setting forth the consumer’s rights and obligations related to accepting the offer. This concerns in particular:
  • the price including taxes;
  • any costs of delivery;
  • how the agreement will be created and what actions that requires;
  • whether or not the right of withdrawal applies;
  • method of payment, delivery and execution of the agreement;
    • the period during which the offer may be accepted, or the period within which the entrepreneur guarantees the price;
    • the rate for distance communication if the cost of using the technique 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 creation, and if so, how it may be consulted by the consumer;
    • the way the consumer can, before the closing of the agreement, check and correct if desired the information provided by him in the context of the agreement;
    • any languages other than Dutch in which the agreement may be closed;
    • the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the event of an extended transaction.


Article 5 - Agreement

  1. Subject to the provisions in paragraph 4, the contract is created when the consumer has accepted the offer and met the established terms and conditions.
  2. If the consumer has accepted the offer via electronic means, the entrepreneur shall promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of said acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
  3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organisational security measures for the security of the electronic data transfer and to ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will attend to appropriate security measures.
  4. The entrepreneur may, within the limits of the law, gather information about the consumer’s ability to fulfil his payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If, on the grounds of this investigation, the entrepreneur has sound reasons for not closing the contract, the entrepreneur is entitled to refuse an order or request with a statement of reasons, or to attach special terms to the execution.
  5. The entrepreneur shall send the consumer the following information along with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable information carrier:
  •  the consumer can turn with complaints to the webshop, by phone or e-mail, by calling phone number +32 (0)20 26 23 864 or directing an e-mail to info@westbrook.nl. No complaints are handled at the visiting address of the entrepreneur;
  • the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification in case of the exclusion of the right of withdrawal;
  • the information about guarantees and service after purchase;
  • the information stated in article 4 item 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 termination of the agreement if the agreement has a term of more than one year or is indefinite.
  1. In the case of an extended duration transaction, the provision in the previous paragraph only applies to the first delivery.
  2. Each agreement is entered into on the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

For the delivery of products:

  1. For the purchase of products, the consumer has the option to dissolve the agreement without a statement of reasons during a period of 14 days. This cooling off period starts the day the product is purchased by the consumer or an agent designated in advance by the consumer and made known to the entrepreneur.
  2. During the cooling-off period, the consumer will handle the product and packaging with the utmost care. He will only unpack or use the product to the degree necessary in order to be able to assess whether he wishes to keep the product. If he wishes to exercise the right of withdrawal, the consumer shall return the product with all delivered accessories and, if possible, in the original condition and packaging to the entrepreneur, in accordance with the entrepreneur's reasonable and clear instructions.
  3. When the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receipt of the product. The consumer can make this notification by reporting the return via his or her account. After the consumer has made it known that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered items have been returned in a timely manner, for example by proof of posting.
  4. If the consumer has not made known after the terms stated in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not sent the product to the entrepreneur, respectively, then the purchase is final.

For the delivery of services:

  1. For the delivery of services, the consumer has the option to dissolve the agreement without a statement of reasons during a period of 14 days, starting on the effective date of the agreement.
  2. To make use of his right of withdrawal, the consumer follows the reasonable and clear instructions provided in this regard by the entrepreneur with the offer and/or no later than upon delivery.

Article 7 - Withdrawal costs

  1. If the consumer makes use of his right of withdrawal, at most he will bear the costs of return shipment.
  2. 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 withdrawal. The condition for this is that the product has already been received back by the webshop or conclusive evidence of the complete return can be presented.

Article 8 - Exclusion of right of withdrawal

  1. The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraph 2. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in a timely fashion before the closing of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
  • that are created by the entrepreneur according to the consumer's specifications;
  • that are clearly of a personal nature;
  • that due to their nature cannot be sent back;
  • that expire rapidly or have a limited shelf life;
  • for which the price is dependent on fluctuations in the financial market that cannot be controlled by the entrepreneur;
  • that are individual newspapers and magazines;
  • that are audio and video recordings and computer software, when the seal has been broken by the consumer;
  • that are hygienic products, when the seal has been broken by the consumer.

 3. Exclusion of the right of withdrawal is only possible for services:

  • regarding accommodation, transportation, hospitality or leisure services to be provided on a specific date or within a specific period;
  • where performance has begun, with the consumer's agreement, before the end of the cooling-off period;
  • regarding gaming and lotteries.


Article 9 - Pricing

  1. During the period of validity stated in the offer, the prices of the offered products and/or services will not be increased, unless this is the result of changes in VAT rates.
  2. In derogation of the previous paragraph, the entrepreneur can offer products or services for which the price is dependent on fluctuations in the financial market that cannot be controlled by the entrepreneur at variable prices. This dependency on fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.
  3. The prices stated in the offer of products or services include VAT.
  4. All prices are subject to printing and typographical errors. No liability will be accepted for the consequences of printing and typographical errors. The entrepreneur is not obligated to deliver the product at the erroneous price in the case of printing and typographical errors.
  5. Price increases within 3 months after the creation of the agreement are only permitted if they are the result of legal regulations or provisions.
  6. Price increases starting 3 months after the creation of the agreement are only permitted if the entrepreneur has stipulated this and:
  • these are the result of legal regulations or provisions; or
  • the customer has the authority to terminate the agreement on the day on which the price increase takes effect. 


Article 10 - Conformity and guarantees

  1. The entrepreneur guarantees that the products and/or services fulfil the agreement, the specifications stated in the offer, the reasonable requirements of propriety and/or usability and the legal provisions and/or governmental requirements in effect on the date of the creation of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not prejudice the legal rights and claims on which the consumer can rely with respect to the entrepreneur on the grounds of the agreement.
  3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 7 days after delivery. Returns of the products must be made in the original packaging and in new condition.
  4. The guarantee term from the entrepreneur corresponds with the guarantee term from the manufacturer. The entrepreneur is, however, never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any recommendations with respect to the use or application of the products.
  5. The guarantee does not apply if:
  • the consumer has repaired and/or modified the delivered products themselves and/or had them repaired and/or modified by third parties;
  • the delivered products are exposed to abnormal conditions or otherwise handled carelessly or in conflict with the directions of the entrepreneur and/or on the packaging;
  • the impropriety is wholly or partially the result of regulations that the government has set or will set with respect to the nature and quality of the materials used.

Article 11 - Delivery and execution

  1. The entrepreneur will take the greatest possible care in the taking and filling of orders for products and in the assessment of requests for the provision of services.
  2. The address that the consumer has provided to the company applies as the place of delivery.
  3. With consideration of that stated in this regard in paragraph 4 of this article, the company will fill accepted orders with appropriate speed, but no later than within 30 days, unless the consumer agrees to a longer delivery term. If the delivery is delayed, or if an order cannot be filled or can only partially be filled, the consumer will be notified of this no later than 30 days after placing the order. The consumer in that case has the right to dissolve the agreement without charge. The consumer has no right to damage compensation.
  4. All delivery terms are indicative. The consumer can derive no rights from any stated terms. Exceeding a term gives the consumer no right to damage compensation.
  5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than within 14 days after dissolution.
  6. If delivery of an ordered product appears to be impossible, the entrepreneur will endeavour to make a substitute article available. It will be stated in a clear and understandable way, no later than at the time of delivery, that a substitute article will be delivered. The right of withdrawal cannot be excluded for substitute articles. The costs of any return will be borne by the entrepreneur.
  7. The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a representative designated and made known to the entrepreneur in advance, unless expressly agreed otherwise.

Article 12 - Extended duration transactions: duration, termination and extension

Termination

  1. The consumer can always terminate an agreement that is entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, with consideration of the rules for termination and a period of notice amount at most to one month.
  2. The consumer can always terminate an agreement that is entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at the end of the definite period with consideration of the agreed rules for termination and a period of notice amounting at most to one month.
  3. The consumer can, for the agreements identified in the previous paragraphs:
  • always terminate and is not limited to termination at a certain time or in a certain period;
  • at least terminate in the same way as the agreement was entered into;
  • always terminate with the same period of notice as the entrepreneur has stipulated for the entrepreneur.

Extension

  1. An agreement that is entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be silently extended or renewed for a definite period.
  2. In derogation of the previous paragraph, an agreement that is entered into for a definite period and that extends to the regular delivery of daily papers, newspapers, weekly papers and other periodicals may be silently extended for a definite period lasting a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a period of notice amounting at most to one month.
  3. An agreement that is entered into for a definite period and that extends to the regular delivery or products or services may only be silently extended for an indefinite period if the consumer may terminate at any time with a period of notice amounting at most to one month, and a period of notice amounting at most to three months if the agreement extends to regular deliveries occurring less often than once a month of daily papers, newspapers, weekly papers and other periodicals.
  4. An agreement with a limited term for the regular introductory delivery of daily papers, newspapers, weekly papers and other periodicals (trial or introductory subscription) will not be silently continued and automatically ends after the trial or introductory period.

Duration

  1. If an agreement has a duration of more than one year, the consumer may always terminate the agreement with a period of notice amounting at most to one month, unless reasonableness and fairness bar termination before the end of the agreed term.

Article 13 - Payments

  1. Insofar as not otherwise agreed, the amounts owed by the consumer must be paid within 7 workdays after the start of the cooling off period as intended in article 6 paragraph 1. In the case of an agreement for providing a service, this term begins after the customer has received the confirmation of the agreement.
  2. The consumer has the duty to immediately report inaccuracies in payment information provided or reported to the entrepreneur.
  3. In case of overdue payment by the customer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs made known to the customer in advance.

Article 14 - Complaints

  1. The entrepreneur has a complaints procedure made sufficiently known and handles complaints according to this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur with a full and complete description within 7 days after the consumer has noted the defects.
  3. Complaints submitted to the entrepreneur will be answered within a term of 14 days, counting from the date of receipt. If a complaint requires a foreseeable longer processing time, it will be answered by the entrepreneur within the term of 14 days with a notification of receipt and an indication of when the consumer can expect a more thorough answer.
  4. If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute rules.
  5. When complaints cannot be resolved amicably, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), who will mediate without charge. Should no solution then be reached, the consumer has the option of having the complaint handled by Stichting GeschilOnline, whose decision is binding and both the entrepreneur and the consumer consent to this binding decision. There are costs bound to presenting a dispute to this disputes committee that must be paid by the consumer to the relevant committee.
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be grounded by the entrepreneur, the entrepreneur will have the option of replacing or repairing the delivered products at the entrepreneur's expense.

Article 15 - Disputes

  1. Exclusively Dutch law applies to agreements to which these general terms and conditions apply, even if the consumer lives abroad.
  2. The Vienna Convention does not apply.

Article 16 - Additional or different provisions

Additional or different provisions from those in these general terms and conditions may not disadvantage the consumer and must be documented in writing or in such a way that they can be stored accessibly by the consumer on a durable information carrier.

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