Terms and conditions
For Members of Webshop Trustmark
The Foundation has drawn up conditions which must be used by all shops which are a member of Webshop Trustmark Foundation unless certain conditions set for the branch apply.
The conditions are drawn up in such a way that they comply with Dutch and European regulations and are applicable to every product or every one.
Regulations Stichting Webshop Keurmerk
All members affiliated with Stichting Webshop Keurmerk shall adhere to the regulations. The rate is € 195.- a year (excl. 19% VAT). When registering later in the calendar year, a contribution for the remaining months of that year is charged. There will be no other administration charges or certification costs.
Recognition of electronic communication
- The Provider shall recognise electronic communication and not deny its validity or its legal effect based on the mere fact that the communication is electronic.
- The products or services offered shall be clearly described by the Provider, if possible with pictorial representation.
- The current consumer prices of the products or services offered shall be clearly indicated by the Provider.
- There are no hidden extra costs such as taxes (VAT) or packaging and/or shipping costs.
- If there is a limited term of validity of the offer, this limitation shall be indicated clearly.
- The Provider shall clearly indicate the delivery period that applies to the offer on its website.
- Any information about independent quality assessments of products or services shall be given in the offer. In addition, full information must be given about the organisation from which the qualification was obtained.
Modes of payment
- The Provider shall indicate the way in which the Consumer can pay, together with clear step-by-step instructions about the mode of payment.
- The Provider shall never stipulate in its General Terms and Conditions an advance payment of more than 50% for the sale of products to Consumers, though the products may be sent cash on delivery. Advance payment of over 50% may be agreed on; when an advance payment of more than 50% has been agreed on, the Consumer cannot assert any rights about the execution of the said order or service before the agreed advance payment has been made.
Procedure of placing an order
- The Provider shall clearly indicate via what steps the agreement will be effected.
- Before concluding the agreement, confirmation of the product or service to be provided and the price to be paid will be sent to the Consumer. On account of this confirmation, the agreement is concluded with a physical action by the Consumer (e.g. a mouse click).
The cooling-off period
- After having received the product, the Consumer has a 14-day cooling-off period to terminate the agreement without giving reasons and to return the product. If this is the case, the Consumer shall pay for returning the goods, except when the ‘money back guarantee’ rules are justly invoked. In case of termination, the Provider shall pay back the amounts paid within 30 days after the day on which the goods have been returned.
- A service can be terminated within 14 days after the first service. If a service is terminated within 14 days, the Consumer must pay for services already provided until the time of termination, except when the ‘money back guarantee’ is justly invoked.
- The Consumer can only effectively exercise his/her right of withdrawal within fourteen days if the goods in question are returned in full and undamaged, preferably as much as possible inside or with the original packing. Revocation is also possible if the goods are not complete and/or damaged (after complete and undamaged delivery), but in this case the Provider shall be reasonably compensated for the damage and/or incompleteness. After the cooling-off period and when the product is demonstrably defect or wrongly delivered, the Consumer must give the Provider a reasonable opportunity to deliver the right product at a later time.
- There is a cooling-off period of 14 working days in case of selling financial services. There is a cooling-off period of 30 working days in case of selling a mortgage credit and life insurance and individual retirement pension insurance policies.
- If the price of a product or service is wholly or partly covered by a loan, the loan agreement can be terminated without any penalty or costs if the Consumer makes use of his/her right to terminate the agreement.
- Limitations or exclusions of the right to terminate the agreement are only possible as a result of the specific nature of the product or the service. These limitations or exclusions shall clearly be mentioned in the offer together with an explanation of the limitation or exclusion.
- The Provider shall agree with the Consumer on a delivery time of 30 days at the most.
- When the agreed delivery time is exceeded for whatever reason, the Provider shall inform the Consumer without delay and offer the possibility to terminate the agreement free of charge. In such case, any payments already made shall be returned as soon as possible but always within 30 days after the termination.
- The Provider takes appropriate technical and organisational measures for the protection of the transfer of personal information and payments.
- If the Provider has been remiss in the above-mentioned measures, the Provider shall bear the consequences suffered by the Consumer.
- Relevant information about digital signatures or other certifications of communication shall be mentioned on the website while giving full information about the implications.
Advertising and promotion
- If the Provider’s Internet page contains advertising and promotion material of third parties, they shall be clearly recognizable as such by e.g. giving the notification of ‘Advertisement’. The Webshop Keurmerk logo does not apply to manifestations by other providers nor shall the Provider imply that this is otherwise.
- All of the Provider’s advertisements and promotional activities shall not be inconsistent with the laws of the Netherlands and the Dutch Advertising Code. The Provider shall specifically keep the interests of minors in mind. If the provider has placed a logo on the site of the Stichting Webshop Quality Mark it will be entirely for account and responsibility of the provider. The Stichting Webshop Quality Mark assumes that the provider when using images has the appropriate license(s) and safeguards the Stichting Quality Mark against claims from third parties. The Stichting Webshop Quality Mark is not liable for any abuse or unauthorized use of images in a logo of the provider.
- The Provider shall comply with the jurisdiction of the Advertising Code Committee.
- The Provider shall comply with Dutch legislation giving special attention to consumer legislation.
- The Provider is informed about the provisions for the protection of consumers laid down in the laws of the Netherlands. In all contacts with Consumers, the Provider shall undertake to refrain from practices that are in whatever way in violation of the Consumer’s legal rights. These statutory regulations specifically refer to statutory rules for consumer sale, general terms and conditions, product liability, misleading advertisements and assignments mentioned in the [Dutch] Civil Code and the statutory regulations about the protection of personal privacy.
- The Provider shall specify all contact possibilities at an accessible place on its website (telephone number, fax number, postal address, location of physical branches, and Email address). The Provider shall also give its registration number with the Chamber of Commerce and its VAT number.
- The Provider that makes use of the general terms and conditions and/or guarantee terms, in sort referred to as terms and conditions, shall ensure that the terms and conditions are available when concluding an agreement. The text of the terms and conditions are integrally included on the Provider’s website. At the Consumer’s request, the Provider shall send the Consumer a copy of the terms and conditions.
- The terms and conditions are drawn up in the Dutch language. If the website also attracts foreign consumers, the Provider shall ensure that the terms and conditions are given in at least the English language.
- The Provider that makes use of the terms and conditions shall not invoke these terms and conditions in contracts with Consumers if these terms and conditions are inconsistent with or impair the Consumer’s statutory rights or the provisions of this Keurmerk code. This also means that the general terms and conditions shall not contain any provisions that are mentioned in the grey or black list as referred to in Article 236 and 237 of Book 6 of the [Dutch] Civil code, or which are otherwise unreasonably onerous.
- Despite other terms and conditions in the agreement concluded between the Provider and the Consumer, the terms and conditions of the Webshop Keurmerk code shall take precedence over the terms and conditions applied by the Provider.
Money back guarantee
- The Provider guarantees that the products and/or goods provided conform to the agreement and fulfil the specifications given in the offer.
- The Provider shall pay the whole purchase amount back if, promptly after delivery and/or discovery, it appears that the products or services are not good or differ from the ordered products of services. Any requests for remedy, replacement or delivery of the defect or the missing item shall be granted by the Provider.
- All goods must be returned as soon as possible and in any case within 14 days after the Consumer has made his/her complaint known to the Provider.
- The Consumer is obliged to inform the Provider within a reasonable time (within due time) after having noticed the defect. The Consumer shall return the received products promptly after notification and at the Provider’s request.
- In its offer, the Provider makes clear whether there is a guarantee, what terms and conditions apply and who gives the guarantee.
- The Provider shall specify that the guarantee terms do not impair the Consumer’s rights arising from the law or from the agreement.
- The Provider shall send an invoice with the physically delivered products and services.
- All administrative errors shall be corrected as soon as possible but at least within 14 days after notification.
- The Consumer can make any possible complaints known to the Stichting Webshop Keurmerk via the complaints form on the contact page. Complaints shall be handled promptly.
- The Provider shall render cooperation to Stichting Webshop Quality Mark in solving the dispute.
Complaints and dispute settlement procedure
- The Provider shall have a simple complaints procedure for its clients.
- The Provider shall explain on the website how the complaints procedure works and how to submit a complaint.
- In case of a dispute, the Provider shall point out the possibility of mediation by Stichting Webshop Keurmerk. Should mediation not lead to the desired result, the dispute can be submitted to the SGW Webshop Disputes Committee [Geschillencommissie Webshop van de SGC (www.sgc.nl)].
- The Provider shall give the details of the Complaints Committee or Ombudsman which it is affiliated with on its website.
- The Provider is obliged to cooperate in the settlement of disputes by the Webshop Disputes Committee and compliance with the binding advice arising from this.
- The laws of the Netherlands shall apply to all agreements with consumers residing in the Netherlands. The Provider shall submit to the jurisdiction of the competent judge of the Consumer’s place of residence or the Provider’s place of domicile, at the discretion of the Consumer.
Data management and privacy
- The Provider shall comply with the Registration of Personal Data Act [Wet Persoonsregistraties]. This also means that the Provider shall register the applicable registrations with the Registration Board [Registratiekamer].
- The Provider shall indicate why and which information about the Consumer it registered.
- The Provider shall ask the Consumer’s permission for sending addressed advertising material and/or for providing the Consumer’s personal data to third parties.
- Only if the Consumer has given explicit permission can the Provider send the Consumer addressed advertising material and/or provide personal data to third parties.
- The Provider shall offer the Consumer the possibility for stopping the dispatch of advertisements (whether electronic or not) at any time. The Provider shall include the applicable procedure in or with the dispatched publicity.
- The Provider shall make clear where and in what way the Consumer can inspect the data registered by the Provider and correct or delete them if required.
- The Provider shall give Customers a telephone number and an Email address to contact the Dutch-language customer care department. The Provider shall indicate at what time the Customer Care Department is available.
Stichting Webshop Keurmerk - The Webshop Quality Mark Foundation.
- The quality mark of Webshop is a private-law quality mark. The Stichting Webshop Keurmerk is aimed at the protection of consumers against unsound web shops and/or home shops. The web shops affiliated with the Foundation carry the Webshop Keurmerk logo. The Quality Mark means that the affiliated web shop has undertaken by contract to comply with this Quality Mark code up to that time.
- All consumers can electronically communicate their experiences with transactions with a Webshop Keurmerk provider to Stichting Webshop Keurmerk. The Provider will be invited to react to the Consumer’s experiences.
- Stichting Webshop Keurmerk publishes on its website a list of Providers that have received permission from Stichting Webshop Keurmerk for using the Quality Mark logo. The Webshop Quality Mark also ensures that in this survey a link is given to the Provider’s website.
- Stichting Webshop Keurmerk may refuse an application for a Quality Mark logo when the Webshop Quality Mark Foundation holds the opinion that acceptance of the Provider is inconsistent with the law and/or this code.
- Stichting Webshop Keurmerk has some partners. The affiliated web hops may receive offers from these partners. The Foundation itself, or the Media Team on behalf of the Foundation, may send offers to the web shops.
- The Foundation has the right as user of the mark together with Cleonice B.V. to institute infringement proceedings or to join as a party to the action instituted by or against Cleonice B.V. or to intervene.
- If Cleonice B.V. or the Foundation takes legal action to protect the Webshop Quality Mark they can invoke the Provider(s)’s special interests and include the Provider(s)’s special damages in their claim for compensation.
- The Provider is in no way allowed to have ties with the quality mark provider or quality mark owner in that there is any employment or other form of control. Except for the annual contribution, the quality mark provider or the quality mark holder shall not accept any favours or other forms of possible influence.
- All Providers (and potential providers or applicants) shall be treated in the same manner.
- Following an application, a provider can be granted the right to use the Webshop Quality Mark logo if all requirements of this quality mark code have been met (if applicable). When an application is rejected, a potential provider may submit a new application at any time. The application is to be verified with the help of the information provided and the content of the applicant’s website. After evaluation, the applicant is informed about the decision and after approval, (the existence of) the Provider, the content of the site and the way in which the logo is used will be regularly submitted to an investigation, examination and reassessment. Should the Provider alter the conditions on its site which may affect the right of carrying the logo they will be submitted to Webshop Quality Mark for approval.
- The Provider shall in no way create the impression that the carrying the Webshop Quality Mark logo would be a judgement or a recommendation of the products or services and (after-sale) services offered by the Provider.
- The Provider that on the basis of the agreement with Webshop Quality Mark Foundation gives permission for using the Quality Mark logo is obliged to place this logo prominently on its website. The Provider shall provide a link of this logo to the website of the Webshop Quality Mark. The Provider is aware of the fact that Cleonice B.V. as the depository is the owner of the Quality Mark and that Stichting Webshop Keurmerk is the Quality Mark provider.
- Not only may the Quality Mark logo be used on the website but also in documentation or other publicity material as long as the logo is not altered in any way and is related to the affiliated web shop. If the logo is used with text, it should always be readable and the logo itself must always be clearly and sharply depicted. The Quality Mark holder shall follow the directions of the Quality Mark provider.
- Stichting Webshop Keurmerk can deprive the Provider of the right to use the Quality Mark logo in case of abuse or incorrect use of and/or repeated non-compliance with this Quality Mark code and/or the law. If the violation is deemed to be not urgently serious, the Foundation can suspend the Provider for the duration that the irregularity continues to exist. A suspension or temporary disqualification to use the Quality Mark may be effective after the Foundation has given the Provider per Email or in another written manner the opportunity to react within 24 hours and the Provider has not satisfactorily reacted within this time (weekend and public holidays not counted).
- In case of abuse or incorrect use of and/or serious and/or repeated non-compliance with this Quality Mark code and/or the law, the Webshop Quality Mark Foundation may mention this on the website (and in other publications).
- If the Provider is demonstrably reluctant and/or it is an established fact that the Provider has not acted in accordance with the law and/or the Quality Mark code, the Foundation as the Quality Mark provider can suspend the Provider and/or deny it the right to use the Quality Mark logo with immediate effect. The Stichting can make this announcement by Email after which the Provider is expected to confirm receipt. In such an event, the Provider is obliged to remove the logo from its website within 48 hours after being noticed, subject to a penalty of € 100 per day. Cleonice B.V. or the Foundation may take legal steps to enforce the removal of the logo. In addition, Cleonice B.V. or the Foundation can sue for damages in case of misuse of the logo and/or the trade name, or other wrongful acts.
Changing the Quality Mark code
- When the Quality Mark code is changed, Stichting Webshop Keurmerk’s news page will specify the date of the changes. If the changes are significant for the Provider(s), a two-month transition period will be given and the Provider(s) will be informed by Email or letter. If the Provider does not accept the change, the Provider is entitled to terminate the agreement. In such case, part of the contribution for the remaining year will be refunded.
Last revision date: 26 June 2012