Terms of service
General terms and Conditions for the members of the Foundation WebwinkelKeur
table of Contents:
Article 1 - Definitions
Article 2 - Identity of the trader
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 - Preclusion from right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Extended duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different stipulations
Article 1 - Definitions
In these terms and conditions shall apply:
- withdrawal Period: the period of time during which the consumer can exercise his right of withdrawal;
- Consumer: the natural person not acting in the exercise of a profession or business and entering into a distance contract with the entrepreneur;
- Day: calendar day;
- extended duration Transaction: from a distance contract concerning a range of products and/or services, whereby the obligation to supply and/or purchase is spread over time;
- Durable data carrier: any means that the consumer or business that enables information to him personally is directed to store in a way that facilitates future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to within the cooling-off period to withdraw from the contract;
- standard Form: the standard form for a revocation order, which the operator makes available to a consumer can fill if he wants to exercise his right of withdrawal.
- Entrepreneur: the natural of legal person who offers products and/or services to consumers from a distance;
- distance Contract: a contract in which, within the framework of a system organized by the entrepreneur for distance sale of products and/or services, up to and including the conclusion of the contract, makes exclusive use of one or more means of distance communication;
- Technology for distance communication: means that can be used to enter into a contract, without the consumer and trader being in the same space at the same time.
- General terms and Conditions: these General terms and Conditions of the company.
Article 2 - the entrepreneur's Identity
- Painting-by-Gene B. V.,
The Spectrum of 15, 8254AJ Dronten, the netherlands;
Chamber of commerce registration number: 76962997
Article 3 - Applicability
- These general terms and conditions apply to every offer of the entrepreneur and any agreement concluded at a distance and orders between businesses and consumers.
- And before the distance contract is concluded, the text of these general terms and conditions available to the consumer. If this is not reasonably possible, before the distance contract is concluded, be indicated that the general conditions for the entrepreneur to see and at the request of the consumer, and, as soon as possible be sent free of charge.
- If the distance contract is electronically closed, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general 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 sustainable data storage medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions electronically can be taken and that they will, at the request of the consumer electronically or otherwise free of charge and will be shipped to you.
- In the event that besides these general conditions also 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 him most favorable.
- If one or more provisions of these general terms and conditions at any time, in whole or in part, null and void or is voided, the agreement and these terms and conditions to any other state, and the corresponding provision in the mutual agreement, without delay, to be replaced by a provision that resembles the original as closely as possible.
- Situations not covered in this general terms and conditions have been settled, shall be assessed ‘in the spirit’ of these general terms and conditions.
- A lack of clarity related to the interpretation or content of one or more of the provisions of these terms and conditions, shall be interpreted ‘in the spirit’ of these general terms and conditions.
Article 4 - The offer
- If an offer has a limited validity period or is made subject to conditions, this will be explicitly mentioned in the offer.
- The offers are subject to change. The employer shall be entitled to the offer, to change and to adapt to it.
- The offer contains a complete and accurate description of the goods and/or services. The description shall be sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur makes use of pictures, they are truthful images of the products and/or services. Obvious mistakes or obvious errors in the offer binding on the entrepreneur.
- All images, specifications and information are in the offer are indicative and may not lead to damages or rescission of the contract.
- Images of products are a true representation of the products offered for sale. Seller can not guarantee that the colors displayed exactly match the actual colors of the products.
- Each offer contains such information that clear to the consumer what rights and obligations are subject to the acceptance of the offer. This includes, in
- the price including taxes;
- any delivery costs;
- and the manner in which the contract is to be concluded and which actions this will require;
- whether or not to apply the right of withdrawal;
- the method of payment, delivery or performance of this agreement;
- the period allowed for acceptance of the offer or the period within which the entrepreneur guarantees the price;
- the size of the tariff for distance communication if the costs of using the technology for distance communication are calculated on some other basis than the regular basic tariff for the chosen communication technique;
- if the agreement after the conclusion is archived and if so, in what way these consumers to consult;
- the manner in which the consumer, before the conclusion of the contract, by him under the contract data to check and, if required, to restore.
- if any of the other languages, including Dutch, the contract can be concluded;
- * the behavioral codes to which trader is subject and the manner in which the consumer can conduct electronic consult and
- the minimum duration of the distance contract in the event of an extended transaction.
- Optional: free sizes, colors, types, materials.
Article 5 of The agreement,
- The agreement shall be subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and compliance with the terms and conditions.
- If the consumer accepts the offer via electronic means, it has to be accepted, the trader will immediately acknowledge electronic receipt of acceptance of the offer. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may cancel the contract.
- If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to be taken in order to protect the electronic transmission of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate safety precautions are taken.
- The trader may obtain information - within statutory frameworks - about the consumer's payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If the company, on the basis of this research, has good reasons to not enter into this agreement, he is entitled to a reasoned order or request or to refuse to implement special conditions attached.
- 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:
- the visiting address of the registered office of the entrepreneur where the consumer can lodge complaints;
- the conditions under which, and the manner in which the consumers of the withdrawal right can be exercised, or a clear statement regarding the exclusion of the right of withdrawal.
- the information about guarantees and existing service after the purchase as
- provided for 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 contract;
- the requirements for terminating the agreement if the agreement is for a term of not more than one year or for an indefinite period of time.
- In the case of a duration transaction, the provision in the previous paragraph shall apply only to the first delivery.
- Each agreement shall be entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6-Right of withdrawal
In case of delivery of products:
- In the case of the purchase of products, the consumer has the option of dissolving the contract for 14 days without giving any reason. This period of reflection shall take effect on the day after the receipt of the product by the consumer or a pre-designated by the consumer and published to the entrepreneur.
- During the reflection period, the consumer will carefully deal with the product and packaging. He will only extract or use the product to that extent as far as necessary in order to assess whether he wishes to retain the product. If he makes use of his right of withdrawal, he will return the product with all the accessories supplied and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with reasonable and clear instructions provided by the entrepreneur.
- When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receiving the product. The communication should be communicated to the consumer by means of the model form. After the consumer has made known use of his right of withdrawal, the customer has to return the product within 14 days. The consumer must prove that the delivered cases have been returned in a timely way, for example by means of a proof of dispatch.
- If, after the expiry of the deadlines set out in paragraphs 2 and 3, the customer has not made known use of his right of withdrawal or withdrawal of withdrawal, or the product has not returned the product to the entrepreneur, the purchase is a fact.
In the case of supply of services:
- In the case of supply of services, the consumer shall have the option of dissolving the contraa without giving any reason for at least 14 days from the date of entry into force of the contract.
- In order to make use of his right of withdrawal, the consumer will be directed to the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest upon delivery.
Article 7-Costs in the event of a revocation
- If the consumer makes use of his right of withdrawal, the costs of returning shall not exceed the cost.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than no later than 14 days after revocation. This is the condition that the product has already been received back by the web store or can be submitted to complete proof of complete return. Reimbursement will be made using the same method of payment used by the consumer, unless the consumer gives an explicit consent to another method of payment.
- If the product is damaged by incareful handling by the consumer itself, the consumer is liable for any impairment of the product.
- The consumer cannot be held liable for impairment of the product if the entrepreneur does not provide all legally mandatory information on the right of withdrawal, this should be done for the conclusion of the purchase agreement.
Article 8-Revocation of withdrawal
- The economic operator may exclude the right of withdrawal of the consumer from products as defined in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the economic operator has stated this clearly in the offer, at least in good time for the conclusion of the contract.
- Exclusion of the right of withdrawal is only possible for products:
- which have been established by the economic operator in accordance with consumer specifications;
- which are clearly personal in nature;
- which, by their nature, cannot be returned;
- which can quickly spoil or ageing;
- of which the price is subject to fluctuations in the financial market on which the economic operator does not have an influence;
- for loose newspapers and magazines;
- for audio and video recordings and computer software from which the consumer has broken the seal.
- for hygienic products from which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- provide accommodation, transport, restaurant business or leisure activities on a given date or during a specified period;
- the delivery of which has commenced with the express agreement of the consumer prior to the expiry of the reflection period;
- concerning bets and lotteries.
Article 9-The price
- During the period of validity indicated in the offer, prices of the products and/or services offered shall not be increased, subject to price changes due to changes in VAT rates.
- By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. These fluctuations and the fact that the prices may be target prices may be indicated on the offer.
- Price increases within 3 months of the conclusion of the agreement are permitted only if they are the result of legal regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are permitted only if the entrepreneur has negotiated this and:
- they are the result of legal regulations or provisions; or
- the consumer has the power to cancel the contract as from the day on which the price increase starts.
- The prices quoted in the offer of products or services include VAT.
- All prices are subject to pressurate and preset errors. No liability shall be accepted for the effects of pressure and seat errors. In the case of pressure and zeta errors, the entrepreneur is not obliged to deliver the product according to the erroneous price.
Article 10-Conformity and Guarantee
- The economic operator shall ensure that the products and/or services comply with the contract, the specifications set out in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. Where agreed, the operator shall also provide that the product is suitable for other than normal use.
- Any guarantee provided by the trader, manufacturer or importer shall not affect the legal rights and claims which the consumer may assert against the economic operator under the agreement.
- Any defects or misdelivered products shall be notified in writing to the trader within 4 weeks of delivery. The return of the products must take place in the original packaging and in a new state.
- The warranty term of the entrepreneur corresponds to the manufacturer's warranty term. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
- The guarantee does not apply if:
- The consumer has repaired and/or edited the delivered products themselves or had them repaired and/or processed by third parties;
- The products supplied are exposed to abnormal conditions or are otherwise treated careless or contrary to the directions of the entrepreneur and/or have been treated on the packaging;
- The inadequacy of all or part is the result of regulations made or will be made by the public authorities as to the nature or quality of the materials used.
Article 11-Delivery and implementation
- The entrepreneur will take due care of the utmost care when receiving and when the orders of products are executed and when assessing applications for the provision of services.
- The place of supply shall be the address which the consumer has made known to the company.
- Subject to the conditions set out in paragraph 4 of this Article, the undertaking shall execute accepted orders with skillfully but not later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially carried out, the consumer will receive notice of this at the latest 30 days after the order has been placed. In that case, the consumer shall have the right to dissolve the contract without charge. The consumer does not have the right to compensation.
- All delivery deadlines are indicative. The consumer shall not be able to grant any rights to any such period. Overrun of a period of time does not give the consumer any right to compensation.
- In the case of dissolution in accordance with paragraph 3 of this Article, the trader shall reimburse the amount paid by the consumer as soon as possible, but not later than 14 days after its dissolution.
- If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement item available. By the time of delivery, it shall be reported in a clear and understandable manner that a replacement article is being provided. In the case of replacement items, the right of withdrawal cannot be ruled out. The cost of any return shipment is for the account of the entrepreneur.
- 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 in writing.
Article 12 - Extended duration transactions: duration, termination and renewal
- The consumer may contract for indefinite and that extends to the regular delivery of products (including electricity) or services terminate at any time, subject to the agreed termination rules and a notice not exceeding one month.
- The consumer may contract for a certain period of time has been entered into, and which extends to the regular delivery of products (including electricity) or services, at any time, at the end of the specified term cancel the agreement with due observance of the agreed termination rules and a notice not exceeding one month.
- The consumer will be able to in the previous paragraphs agreements:
- - cancel at any time and will not be limited to termination at a particular time or during a specified period;
- terminate them in the same manner as that in which they were concluded;
- - always terminate with the same notice as the entrepreneur himself has stipulated.
- of A contract for a definite period, which extends to the regular delivery of products (including electricity) or services should not be tacitly extended or renewed for a fixed period of time.
- By way of derogation from the preceding paragraph, a contract for a definite period, which extends to the regular delivery of daily news and weekly newspapers and magazines tacitly be extended for a period not exceeding three months, as consumers this extended agreement against the end of the extension may terminate with notice not exceeding one month.
- A contract for a definite period, which extends to the regular delivery of products or services, may only be tacitly renewed for an indefinite period may be extended if the consumer may cancel at any time with a notice period of one month and a notice period of not less than three months, in the event that the agreement extends to the regular, but less than once a month, delivering daily, news and weekly newspapers and magazines.
- A contract with limited duration to the regular delivery of day, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
- If a contract has a duration of more than one year, the consumer after a year the agreement at any time with a notice period of up to one month prematurely, unless the reasonableness and fairness against termination before the end of the agreed term resist.
Article 13 - Payment
- unless otherwise agreed by the consumer amounts to be paid within 7 business days after the commencement of the cooling-off period as referred to in article 6 (1). In the case of a contract for the provision of a service, captures this term after the consumer confirmation of the contract.
- The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the entrepreneur.
- In the event of a default by the consumer, the operator subject to statutory limitations, has the right to advance to the consumer reasonable costs to charge.
Article 14 - Complaints
- The entrepreneur has a sufficiently published complaints procedure and handles the complaint according to this complaints procedure.
- Complaints about the performance of the contract must be made within 7 days, fully and clearly described and submitted to the entrepreneur, after the consumer has discovered the defects.
- When the trader complaints within a period of fourteen (14) days as from the date of receipt. If a complaint demand a foreseeable longer time for handling, the entrepreneur shall, within a period of 14 days responded with a message of receipt and an indication when the consumer can have a more detailed response can be expected.
- If the complaint is not mutually resolved, such dispute is subject to the dispute resolution process.
- In the complaints, a consumer should first contact the company. If the online store is affiliated with the Foundation for WebwinkelKeur, and for symptoms that are not resolved by agreement may be required for the consumer to go to the Foundation WebwinkelKeur (webwinkelkeur.nla), this will free mediate. To check whether this online store with a current membership of over https://www.webwinkelkeur.nl/leden/. If there is not yet a solution was found to be the consumer has the right to lodge a complaint is to be dealt with by the organisation WebwinkelKeur appointed as an independent arbitration board, the decision is binding, and both the entrepreneur and the consumer agree to submit to such binding arbitration. The submission of a dispute to this dispute are the costs that are paid by the consumer must be made to the appropriate committee. It is also possible to have symptoms to report, via the ODR platform (i.e.http://ec.europa.eu/odr).
- , A complaint does not suspend the obligations of the employer, unless the operator indicates otherwise in writing.
- If a complaint is found to be due to the seller, the seller will, at its discretion, whether the products delivered, free of charge, repair or replace.
Article 15 - Disputes
- contracts entered into between the company and the consumer to which these general conditions relate, is exclusively Dutch law is applicable. If the consumer is a resident of the foreign country.
- The Un sales Convention (cisg) shall not apply.
Article 16 - Additional or varying provisions
Additional to 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 in an accessible manner can be stored on a sustainable data storage medium.