Terms and Conditions

General Terms and Conditions of Stichting Webshop Keurmerk

These General Terms and Conditions of Stichting Webshop Keurmerk were drawn up in cooperation with the Consumers’ Association within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and have been in force since June 1, 2014.

These conditions apply to all members of Stichting Webshop Keurmerk, with the exception of financial services as described in the Financial Supervision Act, insofar as these services are supervised by the Financial Markets Authority.

Table of Contents:

  1. Definitions
  2. Identity of the entrepreneur
  3. Applicability
  4. The offer
  5. The agreement
  6. Right of Withdrawal
  7. Consumer obligations during the cooling-off period
  8. Exercise of the right of withdrawal by the consumer and costs thereof
  9. Obligations of the entrepreneur in the event of withdrawal
  10. Exclusion of right of withdrawal
  11. The prize
  12. Compliance and additional warranty
  13. Delivery and execution
  14. Duration transactions: duration, termination and renewal
  15. Payment
  16. Complaint Resolution
  17. Disputes
  18. Industry Guarantee
  19. Additional or different provisions
  20. Amendment to the general terms and conditions Stichting Webshop Keurmerk

Article 1 – Definitions.

In these terms and conditions, the following definitions shall apply:

  • Ancillary contract: A contract in which the consumer acquires products, digital content and/or services in connection with a distance contract and they are provided by the operator or a third party.
  • Withdrawal period: The period within which the consumer can exercise his right of withdrawal.
  • Consumer: The natural person who is not acting for purposes related to his trade, business, craft or profession.
  • Day: calendar day.
  • Digital content: Data produced and delivered in digital form.
  • Continuing Contract: A contract for the regular supply of goods, services and/or digital content for a specified period of time.
  • Durable medium: Any device, including e-mail, that enables the consumer or business owner to store information for future reference or use.
  • Right of Withdrawal: The consumer’s ability to waive the distance contract within the cooling-off period.
  • Entrepreneur: The natural or legal person who is a member of Stichting Webshop Keurmerk and offers products, digital content and/or services to consumers from a distance.
  • Distance contract: An agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling, where up to and including the conclusion of the agreement use is made of one or more techniques for distance communication.
  • Model withdrawal form: The European model withdrawal form included in Annex I of these terms and conditions.
  • Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time.

Article 2 – Identity of the entrepreneur

  • Name of entrepreneur: StudentenDrukz.nl
  • E-mail: info@studentendrukz.nl
  • Chamber of Commerce number: 93651503
  • BTW-identificatienummer: NL005033567B74

Article 3 – Applicability.

  1. These general terms and conditions apply to any offer by the entrepreneur and to any distance contract concluded between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate how the general terms and conditions can be inspected at the entrepreneur and that they will be sent free of charge at the consumer’s request.
  3. If the distance contract is concluded electronically, the text of these terms and conditions may be made available to the consumer electronically, so that it can be easily stored by the consumer on a durable data carrier. If this is not possible, it will be indicated where the conditions can be viewed electronically and that they will be sent free of charge upon request.
  4. If specific product or service conditions apply in addition to these general conditions, the consumer may rely on the provision most favorable to him in the event of conflicting conditions.

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content on offer. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what the rights and obligations attached to the acceptance of the offer are.

Article 5 – The Agreement

  1. The agreement is established at the time of the consumer’s acceptance of the offer and the fulfillment of the conditions set forth therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur shall take appropriate measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
  4. The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, giving reasons.
  5. The operator will provide the following information to the consumer no later than at the time of delivery of the product, service or digital content:
    • The visiting address of the trader’s establishment to which the consumer can address complaints.
    • The conditions under which and how the consumer can exercise the right of withdrawal.
    • The information about warranties and existing service after purchase.
    • The price including all taxes of the product, service or digital content; the cost of delivery; and the method of payment, delivery or performance of the distance contract.
    • The requirements for terminating the contract if it has a duration of more than one year or is of indefinite duration.
    • The model withdrawal form if the consumer has a right of withdrawal.
  6. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

By Products:

  1. Reflection Period and Revocation: The consumer has the right to dissolve an agreement related to the purchase of a product within a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but the consumer is not obliged to give it.

  2. Entering Reflection Period:

    • The cooling-off period starts the day after the consumer, or a third party designated by the consumer other than the carrier, receives the product.
    • For multiple products in one order: the day on which the consumer, or a third party designated by the consumer, received the last product.
    • When a product is delivered in multiple shipments or parts: the day on which the consumer, or a third party designated by the consumer, received the last shipment or part.
    • For regular delivery of products over a period of time: the day on which the consumer, or a third party designated by the consumer, received the first product.

In Services and Digital Content:

  1. Revocation of Services: Consumers may cancel a service contract and a contract for the supply of digital content not supplied on a tangible medium within a minimum of 14 days without giving reasons. The cooling-off period starts the day after the conclusion of the contract.

  2. Extended Reflection Period: If the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the reflection period is extended to twelve months after the end of the original reflection period. If the entrepreneur still provides the required information within these twelve months, the cooling-off period expires 14 days after the day on which the consumer received this information.

Article 7 – Obligations of the Consumer during the Reflection Period

  1. Careful Use: During the cooling-off period, the consumer should handle the product and its packaging with care. The product should be unpacked or used only to the extent necessary to determine its nature, characteristics and operation, as one would do in a retail store.

  2. Liability for Impairment: The consumer is liable for impairment of the product resulting from use beyond that necessary to establish the nature, characteristics and function of the product.

  3. No Liability: The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal in a timely manner.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs thereof

  1. Notification of Withdrawal: If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the withdrawal period via the model withdrawal form or in another unambiguous manner.

  2. Return of the Product: The consumer returns the product to the entrepreneur as soon as possible, but within 14 days from the day following the notification of withdrawal. The consumer has complied with the return period if he returns the product before the withdrawal period has expired.

  3. State of the Product: The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

  4. Risk and Burden of Proof: The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

  5. Cost of Return: The consumer bears the direct cost of returning the product, unless the entrepreneur bears this cost or the consumer is not informed in advance that he must bear this cost.

  6. Charges for Services: If the consumer revokes after expressly requesting the commencement of a service during the cooling-off period, the consumer shall pay an amount proportional to the portion of the service already performed.

  7. No Costs for Incomplete Information: The consumer does not bear any costs for the performance of services or delivery of products if the entrepreneur has not provided all legally required information about the right of withdrawal.

  8. Digital Content: The consumer bears no cost for the full or partial delivery of digital content not delivered on a tangible medium if:

    • Prior to delivery, he has not expressly agreed to begin performance of the contract before the end of the cooling-off period.
    • He has not acknowledged losing his right of withdrawal upon such consent.
    • The entrepreneur failed to confirm this statement by the consumer.

  9. Dissolution of Ancillary Agreements: Upon revocation of the main agreement, all ancillary agreements are dissolved by operation of law.

Article 9 – Obligations of the Entrepreneur in the event of Revocation

  1. Acknowledgement of receipt: If the entrepreneur enables the notification of withdrawal by electronic means, he shall send an acknowledgement of receipt without delay after receipt.

  2. Refund: The operator will refund all payments made by the consumer, including any delivery costs, within 14 days of the notification of withdrawal. However, he may wait to refund until he has received the product or until the consumer proves that he has returned the product.

  3. Method of Reimbursement: the entrepreneur uses for reimbursement the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge to the consumer.

  4. Costlier Delivery: If the consumer has chosen a more expensive delivery method than the least expensive standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 10 – Exclusion of Right of Withdrawal.

The Entrepreneur may exclude the following products and services from the right of withdrawal, provided it is clearly stated in the offer, at least in time for the conclusion of the agreement:

  1. Fluctuations in the Financial Market: Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.

  2. Public Auction: Contracts concluded at a public auction.

  3. Full Service Execution: Service contracts after full execution, provided with the consumer’s prior consent and recognition of loss of the right of withdrawal.

  4. Specific Date: Services for accommodation, freight transportation, car rental, catering or leisure with a specific execution date.

  5. Custom-Made Products: Products manufactured to consumer specifications.

  6. Perishable Goods: Products that spoil quickly or have a limited shelf life.

  7. Health and Hygiene: Sealed products that are not suitable for return for health or hygiene reasons if the seal is broken.

  8. Irrevocably Mixed Products: Products that have been irrevocably mixed with other products after delivery due to their nature.

  9. Alcoholic Beverages: Alcoholic beverages whose price is fixed by the contract, but whose delivery takes place after 30 days and whose value depends on market fluctuations.

  10. Sealed Audio/Video and Software: Sealed audio, video recordings and computer software, the seal of which has been broken.

  11. Newspapers and Magazines: Newspapers, periodicals or magazines, excluding subscriptions.

  12. Digital Content: Delivery of digital content other than on a tangible medium, subject to the consumer’s prior consent and acknowledgement of loss of the right of withdrawal.

Article 11 – The Price

  1. Price stability: During the stated period of validity in the offer, the prices of the products and services offered will not be increased, except for changes in VAT rates.

  2. Variable Prices: Products or services bound to fluctuations in the financial market may be offered with variable prices. This variability will be mentioned in the offer.

  3. Price Increases Within 3 Months: Price increases within 3 months of the agreement are allowed only as a result of legal regulations.

  4. Price Increases after 3 Months: Price increases from 3 months after the agreement are allowed if stipulated and as a result of legal regulations, or the consumer can cancel the agreement in case of price increase.

  5. VAT included: The prices mentioned in the offer include VAT.

Article 12 – Compliance with the Agreement and Additional Warranty

  1. Conformity: The entrepreneur guarantees that the products and services comply with the agreement, the specifications in the offer, the reasonable requirements of soundness and existing legal regulations at the time of the conclusion of the agreement.

Article 13 – Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this within 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and the right to possible compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
  5. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.

Article 14 – Duration transactions: duration, termination and renewal

Termination:

  1. The consumer may at any time terminate an agreement entered into for an indefinite period of time that involves the regular delivery of products (including electricity) or services

terminate in accordance with termination rules agreed upon for that purpose and a notice period not exceeding one month.

  1. The consumer may terminate a fixed-term contract, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.
  2. The consumer may enter into the agreements mentioned in the previous paragraphs:
    • cancel at any time and not be limited to cancellation at a particular time or period;
    • terminate at least in the same manner as they were entered into by him;
    • always cancel with the same notice period that the entrepreneur has stipulated for himself.

Extension:

  1. A contract entered into for a definite period of time, which extends to the regular supply of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
  2. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
  3. A fixed-term contract that has been concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer may terminate the contract at any time with a period of notice that does not exceed one month. The notice period shall not exceed three months in case the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  4. A limited duration agreement to regularly deliver daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration:

  1. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

  1. Unless otherwise provided in the agreement or additional conditions, the amounts owed 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 an agreement to provide a service, this period commences on the day after the consumer receives the confirmation of the agreement.
  2. When selling products to consumers, general terms and conditions may never oblige the consumer to make an advance payment of more than 50%. Where advance payment is stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
  3. The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
  4. If the consumer does not timely fulfill his payment obligation(s), he is, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the non-payment within this 14-day period, over the amount due the legal interest and the entrepreneur has the right to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000, with a minimum of € 40. The entrepreneur can deviate from the mentioned amounts and percentages for the benefit of the consumer.

Article 16 – Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
  2. Complaints about the performance of the contract must be submitted to the entrepreneur within a reasonable time after the consumer has found the defects, fully and clearly described.
  • Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  • A complaint about a product, service or the service of the Entrepreneur can also be submitted via a complaint form on the consumer page of the website of Stichting Webshop Keurmerk(http://keurmerk.info/Home/MisbruikOfKlacht) The complaint is then sent both to the Entrepreneur in question and to Stichting Webshop Keurmerk.
  • If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 months of the filing of the complaint, a dispute arises that is amenable to the dispute resolution procedure.

Article 17 – Disputes.

  1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
  2. Disputes between the Consumer and the Entrepreneur about the formation or performance of contracts related to products and services to be supplied or delivered by this Entrepreneur can, subject to the provisions below, be submitted by both the Consumer and the Entrepreneur to the Geschillencommissie Webshop, Postbus 90600, 2509 LP in The Hague(www.sgc.nl).
  3. A dispute will only be considered by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
  4. No later than twelve months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
  5. When the consumer wants to submit a dispute to the Dispute Commission, the entrepreneur is bound to this choice. When the entrepreneur wants to do that, 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 hear the choice of the consumer within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
  6. The Disputes Committee shall rule under the conditions as laid down in the regulations of the Disputes Committee(http://www.degeschillencommissie.nl/over-ons/de- commissions/2701/webshop). The decisions of the Dispute Commission are made by way of binding advice.
  7. The Disputes Committee will not deal with a dispute or will cease to deal with it if the entrepreneur has been granted a suspension of payments, has become bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the committee at the session and a final ruling has been issued.
  8. If another dispute committee besides the Geschillencommissie Webshop is competent or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid), the Geschillencommissie Stichting Webshop Keurmerk will have preference over the Geschillencommissie Webshop Keurmerk for disputes mainly concerning the method of distance selling or provision of services. For all other disputes the other recognized dispute committee affiliated with SGC or Kifid.

Article 18 – Industry guarantee

  1. Stichting Webshop Keurmerk guarantees the fulfilment of the binding advice of the Disputes Committee Stichting Webshop Keurmerk by its members unless the member decides to submit the binding opinion within two months after sending for review to the court. This guarantee revives if the binding opinion after review by the court is upheld and the judgment from which this is apparent has become final. Up to an amount of €10,000,- per binding opinion, this amount will be paid to the consumer by Webshop Keurmerk. For amounts greater than €10,000,- per binding opinion, €10,000,- will be paid. For the excess amount Webshop Keurmerk has a best-efforts obligation to ensure that the member complies with the binding opinion.
  2. The application of this guarantee requires that the Consumer makes a written appeal to Stichting Webshop Keurmerk and transfers his claim on the Entrepreneur to Stichting

Webshop Keurmerk. If the claim on the Entrepreneur exceeds €10,000,-, the Consumer will be offered to transfer his claim to the extent that it exceeds the amount of €10,000,- to Webshop Keurmerk, after which this organization will in its own name and costs ask for the payment thereof in court to satisfy the Consumer.

Article 19 – Additional or different provisions

Additional provisions or provisions deviating from these general conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 20 – Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk

  1. Stichting Webshop Keurmerk will not change these General Terms and Conditions other than in consultation with the Consumers’ Association.
  2. Amendments to these terms and conditions are only effective after they have been published in an appropriate manner, on the understanding that in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer will prevail.

Address Stichting Webshop Keurmerk: Weteringschans 108 1017 XS Amsterdam