Terms and Conditions

These General Terms and Conditions of Stichting Webshop Keurmerk (Webshop Trustmark Foundation) have been drawn up in consultation with the Consumers' Association within the framework of the Coordination Group for Self-Regulation (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 Stichting Webshop Keurmerk, with the exception of financial services as referred to in the Financial Supervision Act and insofar as 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 agreement

Article 6 - Right of withdrawal

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

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

Article 9 - Obligations of the entrepreneur in case of withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Compliance and additional guarantee

Article 13 - Delivery and performance

Article 14 - Continuing performance contracts: duration, termination, and renewal

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Industry guarantee

Article 19 - Additional or deviating provisions

Article 20 - Amendment of the general terms and conditions of Stichting Webshop Keurmerk

Article 21 - Supplement

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance agreement and these goods, digital content, and/or services are delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuing performance contract: a contract for the regular delivery of goods, services, and/or digital content during a specified period;
7. Durable data carrier: any tool—including email—that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows future consultation or use for a period of time that is appropriate for the purpose for which the information is intended, and that allows for the unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products, (access to) digital content, and/or services to consumers at a distance;
10. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products, digital content, and/or services, whereby up to and including the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication;
11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions;
12. Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur having to be physically present in the same space at the same time;

Article 2 – Identity of the trader

Name of trader; Het LED warenhuis B.V. (The LED Department Store Ltd.)

Business address; Westplein 12 / 3061 BM Rotterdam

Telephone number; +31 (0)10 304 6015 (available daily from 10:00 to 22:00)

Email address; [email protected]

Chamber of Commerce number; 71046917

VAT identification number; NL 858559237B01

Article 3 – Applicability

1. 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.
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 before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge by electronic means or otherwise at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favorable to him.

Article 4 – The offer

1. If an offer has a limited period of validity or is made under certain conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate the agreement.
3. 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 secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. The entrepreneur will provide the consumer with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service, or digital content:
6. the visiting address of the entrepreneur's establishment where the consumer can submit complaints;
7. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
8. information about guarantees and existing after-sales service;
9. the price including all taxes of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or performance of the distance contract;
10. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
11. if the consumer has a right of withdrawal, the model withdrawal form.
12. In the case of a continuing performance contract, the provision in the previous paragraph shall only apply to the first delivery.

Article 6 – Right of withdrawal

For products: 

1. The consumer may terminate an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
3. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
4. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;

in the case of agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content that is not delivered on a tangible medium:

3. The consumer may terminate a service agreement and an agreement for the delivery of digital content that is not delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
4. The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Extended cooling-off period for products, services, and digital content not delivered on a tangible medium if the right of withdrawal has not been communicated:

5. 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 expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

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

1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for any diminished value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any loss of value of the product if the entrepreneur has not provided him with all the legally required information about the right of withdrawal before or at the time of concluding the agreement.

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

1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.
3. The consumer shall return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not indicated that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs of returning the product.
6. If the consumer withdraws after first expressly requesting that the service or the supply of gas, water, or electricity that is not ready for sale in a limited volume or quantity during the cooling-off period, the consumer owes the entrepreneur an amount proportional to that part of the agreement that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the agreement.
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas, or electricity that are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
8. the trader has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form, or;
9. the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.
10. The consumer shall not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium if:
11. he has not expressly agreed prior to delivery to commence performance of the contract before the end of the cooling-off period;
12. he has not acknowledged that he will lose his right of withdrawal when giving his consent; or
13. the trader has failed to confirm this statement by the consumer.
14. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in case of withdrawal

1. If the entrepreneur enables the consumer to notify him of the withdrawal electronically, he shall send a confirmation of receipt immediately after receiving this notification.
2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
3. The trader shall use the same means of payment for the refund as the consumer used, unless the consumer agrees to a different method. The refund shall be free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the trader shall not be required to refund the additional costs for the more expensive method.

Article 10 – Exclusion of right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, at least in good time before the conclusion of the contract:

1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
2. Contracts concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content, and/or services are offered by the entrepreneur to consumers who are personally present or who have the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content, and/or services;
3. Service agreements, after full performance of the service, but only if:
4. the performance has begun with the consumer's express prior consent; and
5. the consumer has declared that they lose their right of withdrawal once the trader has fully performed the agreement;
6. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services, and catering;
7. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;
8. Products manufactured to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
9. Products that spoil quickly or have a limited shelf life;
10. Products that are not suitable for return for reasons of health protection or hygiene and whose original packaging has been opened after delivery; Please note: This applies to all Red Light Therapy products.
11. Products that, by their nature, have been irrevocably mixed with other products after delivery;
12. Alcoholic beverages whose price was agreed upon at the time of the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
13. Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;
14. Newspapers, periodicals, or magazines, with the exception of subscriptions to these;
15. The delivery of digital content other than on a tangible medium, but only if:
16. the performance has begun with the consumer's express prior consent; and
17. the consumer has declared that he thereby loses his right of withdrawal.

Article 11 – The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
5. these are the result of statutory regulations or provisions; or
6. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
7. The prices stated in the offer of products or services include VAT.

Article 12 – Performance of the agreement and additional guarantee

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill its part of the agreement.
3. Additional warranty means any commitment by the entrepreneur, its supplier, importer, or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfill its part of the agreement.
4. If an item is not in stock, the seller always has the right to deliver a better item.

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. With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. After termination 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 moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

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

Termination:

1. The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to 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.
2. The consumer may terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the specified period, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:
   • - at any time and not be limited to termination at a specific time or during a specific period;
   • - at least in the same manner as they were entered into by him;
   • - always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension:

4. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
5. Notwithstanding the previous paragraph, an agreement entered into for a fixed term and covering the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed term of up to three months if the consumer can terminate this renewed agreement at the end of the renewal period with a notice period of no more than one month.
6. A fixed-term contract for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period shall not exceed three months in the case of an agreement for the regular delivery of daily, news, and weekly newspapers and magazines, but less than once a month.
7. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly renewed and ends automatically at the end of the trial or introductory period.

Duration:

8. 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 fairness and reasonableness preclude termination before the end of the agreed duration.

Article 15 – Payment

1. Unless otherwise specified in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off 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 has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in the general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the obligation to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.
4. If the consumer fails to meet his payment obligation(s) on time, after the entrepreneur has notified him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, the consumer will owe statutory interest on the outstanding amount after the 14-day period has expired -term, the consumer will owe statutory interest on the amount still due and the entrepreneur will be entitled to charge the extrajudicial collection costs incurred by him. These collection costs will amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500, and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from the aforementioned amounts and percentages in favor of the consumer.

Article 16 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur in full and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of 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 complaint form on the consumer page of the website of Stichting Webshop Keurmerk (http://keurmerk.info/Home/MisbruikOfKlacht). The complaint will then be sent to both the entrepreneur concerned and Stichting Webshop Keurmerk.
5. If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 months of the complaint being submitted, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
2. Disputes between the consumer and the entrepreneur about the conclusion or execution of agreements relating to products and services to be delivered or delivered by this entrepreneur may, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Webshop Disputes Committee, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
3. A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable period of time.
4. The dispute must be submitted in writing to the Disputes Committee no later than twelve months after it has arisen.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer must, within five weeks of a written request to that effect from the entrepreneur, state in writing whether he also wishes to do so or whether he wishes to have the dispute dealt with by the competent court. If the entrepreneur does not hear from the consumer within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee will rule under the conditions set out in the Disputes Committee's regulations (http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop). The decisions of the Disputes Committee are binding.
7. The Disputes Committee will not handle a dispute or will discontinue handling it if the entrepreneur has been granted a moratorium on payments, has gone bankrupt, or has effectively ceased its business activities before a dispute has been heard by the committee and a final decision has been made.
8. If, in addition to the Webshop Disputes Committee, another recognized disputes committee affiliated with the Foundation for Consumer Complaints (SGC) or the Financial Services Complaints Institute (Kifid), the Disputes Committee of the Webshop Keurmerk Foundation will preferably be competent for disputes concerning primarily the method of distance selling or service provision. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid will be competent.

Article 18 – Industry guarantee

1. Stichting Webshop Keurmerk guarantees that its members will comply with the binding recommendations of the Disputes Committee of Stichting Webshop Keurmerk, unless the member decides to submit the binding recommendation to the court for review within two months of its dispatch. This guarantee is revived if the binding advice remains in force after review by the court and the judgment confirming this has become final. The Webshop Keurmerk Foundation will pay this amount to the consumer up to a maximum of €10,000 per binding advice. For amounts exceeding €10,000 per binding opinion, €10,000 will be paid out. For the excess amount, Stichting Webshop Keurmerk has a best-efforts obligation to ensure that the member complies with the binding opinion.
2. In order for this guarantee to apply, the consumer must submit a written appeal to Stichting Webshop Keurmerk and transfer his claim against the entrepreneur to Stichting Webshop Keurmerk. If the claim against the entrepreneur exceeds €10,000, the consumer will be offered the option of transferring the part of the claim that exceeds €10,000 to Stichting Webshop Keurmerk, after which this organization will, in its own name and at its own expense, seek payment in court to satisfy the consumer.

Article 19 – Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and 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 – Changes to the general terms and conditions of Stichting Webshop Keurmerk

1. Stichting Webshop Keurmerk will not change these general terms and conditions without consulting the Consumers' Association.
2. Amendments to these terms and conditions shall only take effect 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 shall prevail.