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These General Conditions of the Dutch Home Shopping Organization established in consultation with the Consumer in the context of the Self (CZ) of the Social-Economic Council and entered into force on 1 June 2014.
These Terms will be used by all members of the Dutch Home Shopping Organization with the exception of financial services as defined in the Financial Supervision Act and to the extent these services are supervised by the Financial Markets Authority.
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Compliance and Warranty
Article 11 - Delivery and implementation
Article 12 - Duration Transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints
Article 15 - Disputes
Article 16 - Trade Guarantee
Article 17 - Additional or different terms
Article 18 - Amendments to the General Conditions IDIS
Article 1 - Definitions:
In these terms and conditions shall apply:
1. Withdrawal period: the period during which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
3. Day calendar;
4. Duration transaction: a distance contract concerning a range of products and / or services, the supply and / or purchase is spread over time;
5. Durable medium: any means that the consumer or business that enables information to him personally is directed to store in a way that future consultation and unaltered reproduction of the information stored;
6. Right of withdrawal: the ability for consumers within the waiting period to see the distance contract;
7. Entrepreneur: the natural or legal person who is a member of the Dutch Home Shopping Organization and products and / or remote services to the consumer;
8. Distance contract means an agreement whereby part of the organized system for distance selling of products and / or services, to conclude the agreement exclusive use of one or more means of distance communication;
9. Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same area have come together;
Article 2 - Identity of the entrepreneur:
Name entrepreneur: Broekhuis Directory Ltd
Trading under the name / names: Trendjuwelier.nl
Domicile, and visiting address:
Landstraat 25, 9934 BG Delfzijl, The Netherlands
Phone: 010-302 00 91
Access: from Monday / Friday from 9:00 to 17:00 GMT+1
Chamber of Commerce number: 24376435
VAT identification number: NL817153445B01
If the activity of the entrepreneur is subject to a relevant licensing: the data on the supervisory authority:
If the entrepreneur is a regulated profession:
? the professional association or organization with which he is affiliated;
? the professional, the place in the EU or the European Economic Area in which it is awarded;
? a reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules can be accessed.
Article 3 - Applicability:
1. These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between entrepreneur and consumer.
2. Before concluding a distance contract, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, indicated that the general conditions for the entrepreneur to see and at the request of the consumer as quickly as possible without any charge.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions electronically to the consumer be made available in such a way that the consumer a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions in electronic form can be taken and that at the request of the consumer electronically or otherwise without charge will be sent.
4. In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision for the most favorable is.
Article 4 - The offer:
1. If an offer has a limited duration or subject to conditions, this will be explicitly mentioned in the offer.
2. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer as possible. If the contractor uses these images are a true representation of the products and / or services. Obvious mistakes or errors in the offer binding on the entrepreneur.
3. Each offer contains such information, that clear to the consumer what rights and obligations, to the acceptance of the offer are attached. This concerns in particular:
? the price including taxes;
? any costs of delivery;
? how the agreement will be concluded and which actions this will require;
? whether to apply the right of withdrawal;
? the method of payment, delivery and performance of the contract;
? the period for accepting the offer, or the period within which the entrepreneur to the price;
? the level of the rate of distance communication if the cost of using the means of distance communication are calculated on a basis other than the regular fare for the means of communication;
? or the agreement after the adoption is filed, and if so in what way these consumers to consult;
? the way the consumer, for the conclusion of the contract, by him under the contract data to monitor and if necessary repair;
? any other languages, including Dutch, the contract can be concluded;
? the conduct to which the trader is subject and the way the consumer can conduct electronic can consult;
? the minimum duration of the distance contract in the event of an extended transaction.
Article 5 - The Agreement:
1. The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meet the corresponding conditions.
2. If the consumer has accepted offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
4. The entrepreneur can - within the law - to inform consumers of its payment obligations, as well as all facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified in the agreement not to go, he is entitled to a reasoned order or request or to refuse to implement special conditions attached.
5. The entrepreneur will the product or service to the consumer the following information, in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, enclose:
1. the visiting address of the establishment of the operator where the consumer can lodge complaints;
2. the conditions and the manner in which the consumer of the right of withdrawal may be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
3. information on guarantees and after-sales service;
4. in Article 4 paragraph 3 of these Terms and Conditions, unless the operator this information already provided to the consumer prior to the execution of the agreement;
5. the requirements for termination of the contract if the contract has a duration of more than one year or is indefinite;
6. In the event of an extended transaction is the provision in the preceding paragraph shall apply only to the first delivery.
Article 6 - Right of withdrawal:
Upon delivery of products:
1. When purchasing products, the consumer can cancel the contract without giving any reason to cancel within 14 days. This period commences on the day following receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.
2. During the period the consumer will treat the product and packaging. He will be the product only to unpack or use as necessary to assess whether he would prefer to retain. If he exercises his right of withdrawal, he will be the product with all accessories and - if reasonably possible - in their original condition and packaging to the Entrepreneur in conformity with the Entrepreneur's reasonable and clear instructions.
When providing services:
3. When providing services, the consumer can cancel the contract without giving any reason to dissolve for at least fourteen days, commencing on the date of entering into the agreement.
4. To exercise his right of withdrawal, the consumer focus to the trader to supply and / or by delivery to area provided reasonable and clear instructions.
Article 7 - Costs in case of withdrawal:
1. If the consumer exercises his right of withdrawal, will not exceed the cost of returning the goods.
2. If the consumer has paid an amount, the entrepreneur this amount as soon as possible but no later than 30 days after the return or cancellation, refund.
Article 8 - Exclusion of right of withdrawal:
1. The entrepreneur is the right of withdrawal of consumers exclude to the extent provided in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the trader clearly in the offer, at least in time for the conclusion of the contract refers.
2. Exclusion of the right of withdrawal is only possible for products:
1. by the trader in accordance to the specifications of the consumer;
2. clearly personal in nature;
3. which by their nature can not be returned;
4. that rapidly decay or become obsolete;
5. whose price depends on fluctuations in the financial market outside the trader's control;
6. for individual newspapers and magazines;
7. for audio and video recordings and computer software that the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
1. on accommodation, transport, catering or leisure to carry on a certain date or during a specified period;
2. the supply with the express consent of the consumer, before the period has expired;
3. on betting and lotteries.
Article 9 - The price:
1. During the period mentioned in the offer prices of the products and / or services have not increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are stated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has agreed and:
1. they are the result of legislation or regulations, or
2. the consumer has the power to terminate as of the date the increase takes effect.
5. The supply of products or services mentioned prices include VAT.
Article 10 - Compliance and Warranty:
1. The trader guarantees that the products and / or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.
2. By the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer under the contract against the employer may assert.
Article 11 - Delivery and implementation:
1. It will be the greatest possible diligence in receiving and in the execution of orders and products in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in Article 4 of these terms and conditions, the company accepted orders expeditiously but within 30 days, unless a longer delivery has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than 30 days after the order was placed. The consumer in this case the right to cancel the contract without penalty and be entitled to any compensation.
4. In case of dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid as soon as possible but no later than 30 days after repudiation.
5. If delivery of an ordered product proves impossible, the trader will endeavor to provide a replacement item available. Before the delivery will be clear and comprehensible manner that a replacement item is delivered. For replacement items right of withdrawal can not be excluded. The costs of any returns will be borne by the entrepreneur.
6. The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.
Article 12 - Duration Transactions: duration, termination and renewal:
1. The consumer may contract for indefinite and that extends to the regular delivery of services, at any time denounce the applicable termination rules and a notice not exceeding one month.
2. The consumer may contract for a definite period and that extends to the regular delivery services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.
3. The consumer in the previous paragraphs agreements:
? withdraw at any time and not be limited to termination at any time or in a given period;
? terminate at least in the same way as they are entered into by him;
? always terminate with the same notice as the entrepreneur himself has stipulated.
4. A contract for a definite period and that extends to the regular delivery of services, may not be extended or tacitly renewed for a limited period.
5. Notwithstanding the preceding paragraph, a contract for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines tacitly renewed for a fixed period of up to three months, if the consumer extended agreement against the end of the extension may terminate with notice not exceeding one month.
6. A contract for a definite period and that extends to the regular delivery of services, may only be tacitly renewed for an indefinite period may be extended if the consumer may terminate with a notice period of one month and a notice of up to three months in the event the Agreement is to regularly, but less than once per month, delivery of daily newspapers and weekly newspapers and magazines.
7. Agreements with a limited duration to the regular delivery for introduction of daily newspapers and weekly newspapers and magazines (trial or introductory subscription) is not implied continued and end automatically after the trial or introductory period.
8. If a contract has a duration of more than one year, the consumer after a year of the Agreement at any time with a notice period of up to one month terminate, unless the reasonableness and fairness against termination before the end of the term agreed otherwise.
Article 13 - Payment:
1. Unless otherwise agreed, by the consumer amounts to be paid within 14 days of the start of the cooling period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, begins to run after the consumer has received confirmation of the contract.
2. When selling products to consumers in terms never a prepayment of more than 50% are stipulated. If payment is agreed, the consumer may not assert any rights regarding the execution of the order or service (s), before the advance payment has been made.
3. The consumer has the duty to inaccuracies in the supplied or specified payment immediately to the entrepreneur.
4. In case of default by the consumer, the operator subject to legal restrictions, the right to advance to the consumer reasonable costs to charge.
5. Agree to payment terms AfterPay.
If you choose to pay your order with the digital invoice payment, you agree to the terms of payment AfterPay.
Article 14 - Complaints:
1. The entrepreneur has a well-publicized complaints and resolve the complaint under the complaints procedure.
2. Complaints about the execution of the agreement should take place promptly, fully and clearly described and submitted to the entrepreneur, after the consumer has discovered the defects.
3. When the trader complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, then the trader within the period of 14 days responded with a message confirming receipt and indicating when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaints on the consumer page of the website of the Dutch Home Shopping Organization www.thuiswinkel.org. The complaint is then sent both to the trader concerned and the Dutch Home Shopping Organization.
5. If the complaint can not be resolved by mutual agreement creates a dispute that is subject to dispute.
Article 15 - Disputes:
1. On agreements between the entrepreneur and the consumer of these general terms and conditions, only Dutch law.
2. Disputes between consumers and entrepreneurs on the creation or implementation of agreements relating to these entrepreneurs delivered or delivered products and services, may, subject to the provisions below, both the consumer and the entrepreneur will be submitted to the Dispute Thuiswinkel , PO Box 90600, 2509 LP The Hague (www.sgc.nl).
3. A dispute by the Disputes Committee discussed only if the consumer complaint within a reasonable time to the trader.
4. Within three months after the dispute arose, the dispute in writing to the Disputes Committee to be made.
5. If the consumer wants to submit a dispute to the Disputes Committee, the trader is bound by this choice. When the entrepreneur that wants to do, will the consumer within five weeks after a request by the contractor in writing request, submit in writing to speak if he so desires or the dispute will be treated by the competent court. Learn the entrepreneur consumer choice within the period of five weeks, the company is entitled to submit the dispute to the competent court.
6. The Arbitration Commission shall decide on the conditions as laid down in the Rules of the Arbitration Commission. The decisions of the Disputes Committee take the form of binding advice.
7. The Disputes Committee will not handle a dispute or will terminate if the entrepreneur moratorium is granted, the state of the bankrupt or his business has actually terminated, before a dispute by the Committee at the session and a final judgment is highlighted.
8. If in addition the Dispute Thuiswinkel another recognized or the Foundation for Consumer Affairs (SGC) or the Financial Services Complaints Institute (Kifid) disputes committee is competent for disputes relating mainly to the method of sale or service remotely Dispute Thuiswinkel exclusive jurisdiction . For all other disputes, the other recognized by the SGC or affiliated Kifid arbitration committee.
Article 16 - Trade Guarantee:
1. The Dutch Home Shopping Organization guarantees the fulfillment of the binding recommendations of the Dispute Thuiswinkel by its members, unless the member decides the binding opinion within two months after its dispatch for review to the court for consideration. This guarantee revives if the binding advice after review by the court remained intact and the judgment confirming this, the force of res judicata. Up to an amount of € 10.000, - per binding opinion, this amount by the Dutch Home Shopping Organization to the consumer paid. For amounts greater than € 10.000, - per binding opinion, is € 10.000, - paid. For many, the Dutch Home Shopping Organization an obligation to ensure that the member fulfills the binding advice.
2. For purposes of this guarantee requires the consumer a written appeal form to the Dutch Home Shopping Organization and that his claim on the trader transfers the Dutch Home Shopping Organization. If the claim on the trader exceeds € 10.000, -, the consumer is presented his claim to the extent exceeding the amount of € 10.000, - comes over to the Dutch Home Shopping Organization, then this organization in its own name and the costs payment of these rights will ask to meet the consumer.
Article 17 - additional or different terms
Additional or different provisions of these terms should not disadvantage the consumer and should be recorded in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium.
Article 18 - Amendments to the General Conditions Thuiswinkel:
1. The Dutch Home Shopping Organization will only amend these terms and conditions in consultation with the Consumer.
2. Changes in these conditions are effective only after they have been published in the appropriate way, with the proviso that where amendments apply during the term of an offer for the consumers most favorable provision will prevail.
Dutch Home Shopping Organization Address: PO Box 7001, 6710 CB Ede.