General Terms and Conditions

Home Shopping Terms and Conditions

These General Terms and Conditions of the Dutch Thuiswinkel Organization (hereafter: Thuiswinkel.org) were drawn up in consultation with the Consumers’ Association within the framework of the Self-Regulation Co-ordination Group (CZ) of the Social and Economic Council and will become effective as of 1 June 2014.

Table of contents:

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The Agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the trader in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Fulfilment and additional guarantee
Article 13 – Delivery and execution
Article 14 – Extended duration transactions: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Industry guarantee
Article 19 – Additional or different provisions
Article 20 – Amendments to the General Terms and Conditions of Thuiswinkel

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

Ancillary contract means a contract in which the consumer acquires products, digital content and/or services in relation to a distance contract and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
Grace period: The period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Contract for an indefinite period of time: a contract for the regular supply of goods, services and/or digital content for a specific period of time;
Durable medium: every tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation or use for a period of time that is appropriate to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Trader: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers from a distance;
Distance contract: an agreement that is concluded between the trader and the consumer as part of an organised system for the distance sale of products, digital content and/or services, whereby sole or joint use is made of one or more techniques for distance communication up to and including the moment at which the agreement is concluded;
Model withdrawal form: the European model withdrawal form set out in Annex I to these Terms and Conditions. Annex I need not be made available if the consumer does not have a right of withdrawal regarding his order;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

Article 2 – Identity of the entrepreneur

(Return)adres:
AlterMedi B.V.
Mollerusweg 68
2031BZ Haarlem
Tel: +31 (0) 23 – 764 08 83
klantenservice@altermedi.nl
Kvk: 68882289
BTW-nr.: NL857631548B01

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the remote agreement is concluded, how the general conditions can be viewed at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer’s request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it shall be stated where the general terms and conditions can be viewed electronically and that they will be sent free of charge to the consumer, either electronically or in some other way.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favourable to him.

Article 4 – The offer

If an offer is of limited duration or is made subject to conditions, this shall be expressly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description shall be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding for the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The Agreement

The agreement comes into being, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and fulfils the conditions laid down.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may – within legal frameworks – inform the consumer about his payment obligations, as well as about all those facts and factors that are important for a sound conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
No later than upon delivery of the product, service or digital content, the entrepreneur will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
the visiting address of the trader’s business establishment where the consumer can lodge complaints;
the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
the information on guarantees and existing after-sales services;
the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
the requirements for cancelling 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 form for withdrawal.
1. In the event of an extended transaction, the provision in the previous paragraph shall apply only to the first delivery.

Article 6 – Right of withdrawal

For products:

The consumer can dissolve a contract relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to state his reason(s).
The cooling off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance and not being 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 him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with a different delivery time.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
1. in case of contracts for regular delivery of products during a certain period: the day on which the consumer or a third party designated by him has received the first product.

In the case of services and digital content which is not supplied on a tangible medium:

The consumer may terminate a service contract and a contract for the supply of digital content not supplied on a tangible medium during at least 14 days without giving any reason. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to state his reason(s).
The cooling-off period referred to in paragraph 3 shall commence on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium in the absence of information on the right of withdrawal

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period shall expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period will end 14 days after the day on which the consumer received this information.

Article 7 – Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will treat the product and its packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer shall only be liable for any diminution in the value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
The consumer shall not be liable for any diminution in the value of the product if the trader has not provided him with all the information required by law concerning the right of withdrawal before or at the time of concluding the contract.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer makes use of his right of withdrawal, he shall notify the trader of this within the withdrawal 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 shall return the product or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
The Consumer shall return 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 of the correct and timely exercise of the right of withdrawal shall lie with the consumer.
The consumer shall bear the direct costs of returning the product. If the trader has not indicated that the consumer should bear these costs or if the trader has indicated that he should bear them himself, the consumer need not bear the costs of return shipment.
If the consumer withdraws after first having expressly requested that the performance of the service or the supply of gas, water or electricity, not put up for sale in a limited volume or set quantity, shall begin during the withdrawal period, the consumer shall owe the trader an amount which is in proportion to that part of the undertaking which the trader has fulfilled at the time of withdrawal, as compared with the full extent of the undertaking.
The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
the trader has not provided the consumer with the legally required information on the right of withdrawal, on reimbursement of costs in the event of withdrawal or on the model form for withdrawal, or
the consumer has not expressly requested the start of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
1. The consumer shall bear no cost for the complete or partial delivery of digital content not supplied on a tangible medium if:
2. he has not expressly consented to the commencement of performance of the contract before the end of the cooling-off period;
3. he has not acknowledged losing his right of withdrawal when giving his consent; or
4. the trader has failed to confirm this declaration by the consumer.
  1. If the consumer makes use of his right of withdrawal, all supplementary contracts shall be cancelled by operation of law.

Article 9 – Obligations of the trader in the event of withdrawal

If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he shall send an acknowledgement of receipt of this notification without delay.
The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay but within 14 days from the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with the repayment until he has received the product or until the consumer proves that he has sent the product back, whichever comes first.
The entrepreneur shall use the same means of payment that the consumer has used for repayment, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The Entrepreneur can exclude the following products and services from the right of withdrawal only if the Entrepreneur indicated this clearly in the offer or at least in good time before concluding the contract:

Products or services of which the price is linked to fluctuations on the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period
Contracts concluded at public auction. Public auction means a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who attends or is given the opportunity to attend the auction in person, under the direction of an auctioneer, and whereby the successful bidder is bound to purchase the products, digital content and/or services;
Service contracts, after full performance of the service, but only if:
the execution has started with the consumer’s explicit prior consent; and
the consumer has declared that he loses his right of withdrawal when the entrepreneur has completely fulfilled the contract;
1. Package holidays as referred to in Article 7:500 of the Civil Code and passenger transport contracts;
2. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, carriage of goods, car rental services and catering;
3. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
4. Products made to the consumer’s specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
5. Products that spoil quickly or have a limited shelf life;
6. Sealed products which are not suitable for return due to health protection or hygiene reasons and of which the seal has been broken after delivery;
7. Products which, after delivery, are irrevocably mixed with other products due to their nature;
8. Alcoholic beverages of which the price has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market over which the entrepreneur has no influence;
9. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
10. Newspapers, journals or magazines with the exception of subscriptions to them;
11. The supply of digital content other than on a tangible medium, but only if:
12. the execution has started with the consumer’s explicit prior consent; and
13. the consumer has declared that he thereby loses his right of withdrawal.

Article 11 – The price

During the validity period mentioned in the offer, the prices of the products and/or services offered 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 subject to fluctuations in the financial market that are beyond the entrepreneur’s control, at variable prices. The offer shall be accompanied by a statement regarding this link to fluctuations and the fact that any prices mentioned are recommended prices.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:

they are the result of statutory regulations or provisions; or
the consumer is authorised to terminate the contract on the day on which the price increase takes effect.

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

Article 12 – Fulfilment of agreement and additional guarantee

The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the trader, his supplier, manufacturer or importer never limits the legal rights and claims the consumer can enforce against the trader on the basis of the agreement if the trader has failed to fulfil his part of the agreement.
By additional guarantee is meant any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obligated to do in case he has failed to fulfil his part of the agreement.

Article 13 – Delivery and execution

The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
Subject to what is stated in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. In this case, the consumer has the right to terminate the contract without charge and the right to possible compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative previously designated and announced to the entrepreneur, unless otherwise expressly agreed.

Article 14 – Extended duration transactions: duration, termination and renewal

Termination:

The consumer may terminate a contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice of up to one month.
The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term in compliance with the applicable termination rules and a period of notice that does not exceed one month.
The consumer can cancel the agreements mentioned in the previous paragraphs:

– at any time and shall not be limited to termination at a specific time or during a specific period;

– at least in the same way as they were entered into by him;

– Always terminate the contract with the same notice period that the entrepreneur has stipulated for himself.

Extension:

A contract for a definite period of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a maximum period of three months, if the consumer has the right to terminate this renewed contract at the end of the renewal period, with a period of notice that does not exceed one month.
A fixed-term contract that has been concluded for the regular supply of products or services may only be tacitly renewed for an indefinite period of time if the consumer has at all times the right to terminate with a period of notice that does not exceed one month. The notice period shall be no more than three months in the event that the agreement relates to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically at the end of the trial or introductory period.

Duration:

If a contract has a duration of more than one year, after one year the consumer may at any time terminate the contract with a notice of up to one month, unless reasonableness and fairness dictate otherwise.

Article 15 – Payment

Insofar not otherwise specified in the agreement or additional conditions, the amounts payable by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of a contract for the provision of a service, this period shall begin on the day following that on which the consumer receives confirmation of the contract.
When selling products to consumers, general terms and conditions may never require the consumer to pay more than 50% in advance. If advance payment is stipulated, the Consumer may not assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
If the consumer does not meet his payment obligation(s) on time, he will, after being notified by the entrepreneur of the late payment and after the entrepreneur has given the consumer a period of 14 days to meet his payment obligations as yet, after failing to pay within this 14-day period, owe the legal interest on the amount due and the entrepreneur is entitled to charge extrajudicial collection costs. 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 next € 5,000, with a minimum of € 40. The proprietor can deviate from the aforementioned amounts and percentages in favour of the consumer.

Article 16 – Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and deals with the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has found the defects.
Complaints submitted to the Entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
A complaint about a product, a service or the trader’s service can also be submitted via a complaints form on the consumer page of the Thuiswinkel.org website. www.thuiswinkel.org. The complaint is then sent both to the trader concerned and to Thuiswinkel.org.
The consumer must give the entrepreneur at least four weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is open to the dispute settlement procedure.

Article 17 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Disputes between a consumer and an trader over the conclusion or exercising of contracts relating to products and services to be supplied by this trader can be put before the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP in The Hague, the Netherlands, by either the consumer or the trader, with due observance of that which is stipulated below (www.sgc.nl).
A dispute will only be taken into consideration by the Dispute Commission if the consumer has first submitted his complaint to the entrepreneur within a reasonable period of time.
If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form determined by the Committee, within 12 months of the date on which the consumer submitted the complaint to the trader.
If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. The consumer should preferably report this to the entrepreneur first.
When the entrepreneur wants to submit a dispute to the Dispute Commission, the consumer will have to speak out in writing, within five weeks after a written request made by the entrepreneur, whether he so desires or wants the dispute to be dealt with by the competent court. If the entrepreneur does not receive the consumer’s choice within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
The Disputes Committee pronounces its judgment under the conditions as set out in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made by way of a binding opinion.
The Disputes Committee will not deal with a dispute or will terminate the proceedings if the trader has been granted a suspension of payments, gone bankrupt or has actually terminated business activities before the committee dealt with the dispute at the session and rendered a final ruling.
If, in addition to the Thuiswinkel Disputes Committee, another recognized dispute committee or one affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is authorized, the Thuiswinkel Disputes Committee will, in case of disputes concerning mainly the method of distance selling or the provision of services, be the preferred dispute committee. For all other disputes, the other disputes committees recognised by the SGC or Kifid.

Article 18 – Industry guarantee

Thuiswinkel.org guarantees that its members will comply with the binding advice issued by the Thuiswinkel Disputes Committee, unless the member decides to submit the binding advice to the court for verification within two months after the advice has been sent. This guarantee shall be revived if the binding opinion has been upheld after review by the court and the judgement establishing this has become final. Up to a maximum amount of € 10.000,- per binding advice, this amount will be paid to the consumer by Thuiswinkel.org. For amounts greater than €10,000,- per binding opinion, €10,000,- will be paid. Thuiswinkel.org has a best-effort obligation to ensure that the member complies with the binding advice.
In order for this guarantee to apply, the consumer must submit a written appeal to Thuiswinkel.org, and he must transfer his claim on the trader to Thuiswinkel.org. If the claim on the trader exceeds €10.000,-, the consumer will be offered to transfer his claim, as far as it exceeds the amount of €10.000,-, to Thuiswinkel.org, after which this organisation will demand payment in court in its own name and costs.

Article 19 – Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.

Article 20 – Amendments to the General Terms and Conditions of Thuiswinkel

Thuiswinkel.org will not change these general terms and conditions except in consultation with the Consumers’ Association.
Amendments to these terms and conditions shall only take effect after they have been published in the appropriate manner, on the understanding that, in the event of applicable amendments during the term of an offer, the provision that is most favourable to the consumer shall prevail.

Thuiswinkel.org
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
Postbus 7001, 6710 CB Ede

Annex I: Model withdrawal form

Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)

To:

(Return)adres:
AlterMedi B.V.
Mollerusweg 68
2031BZ Haarlem
Tel: +31 (0) 23 – 764 08 83 (On working days from 09:00 to 17:00)
Mail: klantenservice@altermedi.nl

– I/We* hereby give notice that I/We* have decided to terminate our agreement on

the sale of the following products: [aanduiding product]*

the delivery of the following digital content: [aanduiding digitale inhoud]*

the provision of the following service: [aanduiding dienst]*,

repealed/revoked*.

– Ordered on*/received on* [datum bestelling bij diensten of ontvangst bij producten]

– [Naam consumenten(en)]

– [Adres consument(en)]

– [Handtekening consument(en)] (only if this form is notified on paper)

* Delete or fill in what is not applicable.

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