Terms of service
General Terms and Conditions of the Webshop Keurmerk Foundation
These General Terms and Conditions of the Webshop Keurmerk Foundation have been established in consultation with the Consumers' Association within the framework of the Coordination Group Self-Regulation consultation (CZ) of the Social and Economic Council and will come into effect on June 1, 2014.
These General Terms and Conditions will be used by all members of the Webshop Keurmerk Foundation except for financial services as defined in the Financial Supervision Act and insofar as these services are under the supervision of the Authority for the Financial Markets.
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the trader in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, cancellation, and extension
Article 15 - Payment
Article 16 – Complaints procedure
Article 17 - Disputes
Article 18 - Additional or different provisions
Article 19 - Amendment of the general terms and conditions of the Webshop Keurmerk Foundation
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- Supplementary agreement: An agreement where the consumer acquires products, digital content, and/or services in connection with a distance contract, and these products, digital content, and/or services are supplied by the entrepreneur or by a third party based on an arrangement between the third party and the entrepreneur.
- Cooling-off period: The period during which the consumer can exercise their right of withdrawal.
- Consumer: A natural person who does not act for purposes related to their trade, business, craft, or professional activity.
- Day: Calendar day.
- Digital content: Data produced and delivered in digital form.
- Ongoing contract: A contract that provides for the regular delivery of goods, services, and/or digital content over a certain period.
- Durable medium: Any tool – including email – that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation or use during a period suited to the purpose for which the information is intended, and allows unchanged reproduction of the stored information.
- Right of withdrawal: The consumer’s option to withdraw from 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, (access to) digital content, and/or services remotely to consumers.
- Distance contract: A contract concluded between the entrepreneur and the consumer within the framework of an organized system for remote sales of products, digital content, and/or services, where, up to and including the conclusion of the contract, exclusive or partial use is made of one or more means of distance communication.
- Model withdrawal form: The European model withdrawal form included in Annex I of these terms and conditions.
- Means of distance communication: Any method that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same space at the same time.
Article 2 – Identity of the Entrepreneur
Modeus BV
Jesper Home (trade name)
Jan van Krimpenweg 7M,
2031 CE Haarlem,
The Netherlands
Phone: +31 (0)88 7863536 (working days between 9:00 and 17:00)
Email: support@jesperhome.com
Chamber of Commerce number (KvK): 62960806
VAT identification number: NL855029948.B01
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 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 viewed and will send them to the consumer free of charge upon request, prior to the conclusion of the distance contract.
If the distance contract is concluded electronically, the text of these general terms and conditions may be provided electronically to the consumer in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the entrepreneur will indicate where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge upon request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply, and the consumer may always rely on the provision most favorable to them in the event of conflicting conditions.
Article 4 – The Offer
If an offer has a limited validity period or is made under certain conditions, this will be explicitly stated in the offer.
The offer includes a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a true representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
Each offer contains sufficient information to make it clear to the consumer what the rights and obligations are associated with accepting the offer.
Article 5 – The Agreement
The agreement is concluded at the moment the consumer accepts the offer and fulfills the associated conditions, subject to the provisions of paragraph 4.
If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can make electronic payments, the entrepreneur will take appropriate security measures for this.
The entrepreneur is entitled, within legal frameworks, to gather information about whether the consumer can meet their payment obligations, as well as all other facts and factors relevant to responsibly concluding the distance contract. If the entrepreneur has valid grounds based on this investigation not to enter into the agreement, they are entitled to refuse a request or order or to attach special conditions to its execution.
At the latest upon delivery of the product, service, or digital content, the entrepreneur will provide the consumer with the following information, in writing or in a way that the consumer can store on a durable medium:
- The physical address of the entrepreneur's business where the consumer can lodge complaints.
- The conditions under which and how the consumer can exercise their right of withdrawal, or a clear statement if the right of withdrawal is excluded.
- Information about warranties and existing after-sales service.
- The price, including all taxes, of the product, service, or digital content, the delivery costs (if applicable), and the method of payment, delivery, or performance of the distance contract.
- The requirements for terminating the agreement if it has a duration of more than one year or is indefinite.
- If the consumer has a right of withdrawal, the model withdrawal form.
In the case of an ongoing transaction, the provisions in the previous paragraph apply only to the first delivery.
Article 6 – Right of Withdrawal
For products:
The consumer may dissolve a contract related to the purchase of a product within a cooling-off period of at least 14 days without providing any reason. The entrepreneur may ask the consumer for the reason for the withdrawal but cannot require the consumer to provide their reason(s).
The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, receives the product, or:
- If the consumer ordered multiple products in the same order: the day on which the consumer, or a designated third party, receives the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided they clearly inform the consumer before the ordering process.
- If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a designated third party, receives the last shipment or part.
- For contracts for regular delivery of products over a certain period: the day on which the consumer, or a designated third party, receives the first product.
For services and digital content not delivered on a physical medium:
The consumer may dissolve a service contract or a contract for the delivery of digital content not delivered on a physical medium within at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for the withdrawal but cannot require them to provide it.
The cooling-off period referred to in paragraph 3 starts the day after the contract is concluded.
Extended cooling-off period for products, services, and digital content not delivered on a physical medium if not informed about 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 will expire twelve months after the end of the original cooling-off period determined according to the previous paragraphs of this article.
If the entrepreneur provides the required information within twelve months after the original cooling-off period started, the cooling-off period will expire 14 days after the consumer receives this information.
Article 7 – Consumer Obligations During the Cooling-off Period
During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer should only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The guiding principle here is that the consumer may only handle and inspect the product as they would be allowed to in a physical store.
The consumer is only liable for any decrease in the product's value if this is the result of handling the product beyond what is permitted under paragraph 1.
The consumer is not liable for any decrease in the product's value if the entrepreneur has not provided all legally required information regarding 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 Associated Costs
If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the cooling-off period by means of the model withdrawal form or any other unequivocal statement.
As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to the entrepreneur (or an authorized representative). This does not apply if the entrepreneur has offered to collect the product themselves. The consumer has met the return deadline if they send the product back before the cooling-off period has expired.
The consumer must return the product with all provided accessories, if reasonably possible in its original condition and packaging, and in accordance with any reasonable and clear instructions provided by the entrepreneur.
The consumer bears the risk and the burden of proof for the correct and timely exercise of the right of withdrawal.
The consumer bears the direct cost of returning the product unless the entrepreneur has stated that the consumer does not need to bear these costs, or if the entrepreneur has indicated they will bear the return costs themselves.
If the consumer withdraws after having explicitly requested that the provision of a service or the supply of gas, water, or electricity not made ready for sale in a limited volume or quantity commence during the cooling-off period, the consumer is liable to the entrepreneur for an amount proportional to the part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to full performance of the contract.
The consumer does not bear any costs for the performance of services or the supply of water, gas, or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- The entrepreneur has not provided the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form, 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.
The consumer does not bear any costs for the full or partial supply of digital content not delivered on a physical medium if:
- The consumer has not expressly agreed to begin the performance of the agreement before the end of the cooling-off period;
- The consumer has not acknowledged losing their right of withdrawal by giving their consent; or
- The entrepreneur has failed to confirm this declaration from the consumer.
If the consumer exercises their right of withdrawal, all supplementary agreements are automatically dissolved by operation of law.
Article 9 – Obligations of the Entrepreneur in Case of Withdrawal
If the entrepreneur allows the consumer to submit their withdrawal notification electronically, the entrepreneur will promptly send an acknowledgment of receipt after receiving the notification.
The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay and within 14 days following the day on which the consumer notifies the entrepreneur of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may withhold the refund until they have received the product or until the consumer provides proof that the product has been returned, whichever occurs first.
The entrepreneur will use the same payment method for the refund that the consumer used, unless the consumer agrees to another method. The refund will be free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs associated with the more expensive method.
Article 10 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in time before concluding the agreement:
- Products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period.
- Agreements concluded during a public auction. A public auction is defined as a sales method where products, digital content, and/or services are offered by the entrepreneur to the consumer, who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services.
- Service agreements, after full performance of the service, but only if:
- The performance has begun with the consumer’s explicit prior consent; and
- The consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement.
- Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and is for purposes other than residential use, goods transport, car rental services, or catering.
- Agreements related to leisure activities, if the agreement provides for a specific date or period of performance.
- Products made to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or products that are clearly intended for a specific person.
- Products that spoil quickly or have a limited shelf life.
- Sealed products that are not suitable for return for health protection or hygiene reasons and whose seal has been broken after delivery.
- Products that, due to their nature, are inseparably mixed with other products after delivery.
- Alcoholic beverages whose price was agreed upon at the time of concluding the agreement, but whose delivery can only take place after 30 days, and whose actual value is dependent on market fluctuations that the entrepreneur cannot control.
- Sealed audio, video recordings, and computer software, whose seal has been broken after delivery.
- Newspapers, periodicals, or magazines, with the exception of subscriptions to these publications.
- The supply of digital content not delivered on a tangible medium, but only if:
- The performance has begun with the consumer’s explicit prior consent; and
- The consumer has declared that they lose their right of withdrawal by giving their consent.
Article 11 – The Price
During the validity period stated 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.
In deviation from the previous paragraph, the entrepreneur may offer products or services at variable prices that are subject to fluctuations in the financial market over which the entrepreneur has no influence. This dependency on market fluctuations and the fact that any prices stated are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if:
- They result from legal regulations or provisions; or
- The consumer has the right to terminate the agreement from the day the price increase takes effect.
The prices stated in the offer of products or services include VAT.
Article 12 – Performance of the Agreement and Additional Guarantee
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable standards of reliability and/or usability, and existing legal provisions and/or government regulations on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
Any additional guarantee provided by the entrepreneur, their supplier, manufacturer, or importer will never limit the legal rights and claims that the consumer can assert under the agreement if the entrepreneur fails to fulfill their part of the agreement.
An additional guarantee is defined as any commitment by the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obligated to do in case of a failure to meet their part of the agreement.
Article 13 – Delivery and Execution
The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has provided to the entrepreneur.
In accordance with what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement without cost and may be entitled to compensation.
After termination in accordance with the previous paragraph, the entrepreneur will promptly refund the amount paid by the consumer.
The risk of damage to or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless explicitly agreed otherwise.
Article 14 – Duration Transactions: Termination and Renewal
Termination:
The consumer may terminate an agreement that has been entered into for an indefinite period and that involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement that has been entered into for a fixed period and that involves the regular delivery of products (including electricity) or services, at any time at the end of the specified term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:
- At any time and without being restricted to terminate at a specific time or during a specific period;
- At least in the same manner as the agreement was entered into;
- Always with the same notice period that the entrepreneur has stipulated for themselves.
Renewal:
An agreement entered into for a fixed period and that involves the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
In deviation from the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, or weekly newspapers and magazines may be automatically extended for a fixed period of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
A fixed-term agreement that involves the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate the agreement at any time with a notice period of no more than one month. For agreements that involve the regular delivery of daily, news, or weekly newspapers and magazines but less than once a month, the notice period is a maximum of three months.
An agreement with a limited duration for the regular delivery of daily, news, or weekly newspapers and magazines (trial or introductory subscription) will not be automatically renewed and will end automatically after the trial or introductory period.
Duration:
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise before the end of the agreed duration.
Article 15 – Payment
Unless otherwise stated in the agreement or additional terms, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, if there is no cooling-off period, within 14 days after the conclusion of the agreement. In the case of a service agreement, this period begins the day after the consumer receives confirmation of the agreement.
When selling products to consumers, the consumer may never be required to make an advance payment of more than 50% in the general terms and conditions. If advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or services before the stipulated advance payment has been made.
The consumer is obligated to promptly report any inaccuracies in the payment details provided or stated to the entrepreneur.
If the consumer does not meet their payment obligation(s) on time, they are, after being informed by the entrepreneur of the late payment and given an additional 14 days to comply, liable to pay statutory interest on the outstanding amount. The entrepreneur is also entitled to charge extrajudicial collection costs incurred. These collection costs are capped as follows: 15% of amounts outstanding up to €2,500; 10% of the next €2,500; and 5% of the following €5,000, with a minimum of €40. The entrepreneur may opt to apply lower amounts and percentages in favor of the consumer.
Article 16 – Complaint Procedure
The entrepreneur has a sufficiently publicized complaint procedure and handles complaints in accordance with this procedure.
Complaints regarding the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
A complaint about a product, service, or the entrepreneur's service can also be submitted via a complaint form available on the consumer page of the Stichting Webshop Keurmerk website (https://www.keurmerk.info/nl/consumenten/klacht/). The complaint will then be forwarded to both the relevant entrepreneur and Stichting Webshop Keurmerk.
Stichting Webshop Keurmerk will not handle or will cease handling a dispute if the entrepreneur has been granted suspension of payment, has been declared bankrupt, has effectively terminated business activities, or if the webshop has been suspended or expelled by Stichting Webshop Keurmerk.
A dispute will only be considered by Stichting Webshop Keurmerk if the consumer has first submitted their complaint to the entrepreneur within a reasonable time.
A dispute must be submitted in writing to Stichting Webshop Keurmerk no later than twelve months after the dispute has arisen.
It is also possible to submit complaints via the European ODR platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage).
Article 17 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.
The Vienna Sales Convention (CISG) does not apply.
Article 18 – Additional or Deviating Provisions
Any additional provisions or deviations from these general terms and conditions may not be detrimental to the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.
Article 19 – Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk
If Stichting Webshop Keurmerk makes any amendments to these terms and conditions, they will notify the entrepreneur via a newsletter and publish the latest terms on their website (https://www.keurmerk.info/nl/algemene-voorwaarden/).
Changes to these terms and conditions will only take effect after they have been published in the appropriate manner. In the case of applicable changes during the term of an offer, the most favorable provision for the consumer will prevail.
Address of Stichting Webshop Keurmerk:
Willemsparkweg 193, 1071 HA Amsterdam