General Terms and Conditions
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 - Customers' obligations in case of
withdrawal
Article 8 - Customers who exercise their right
of withdrawal and the costs involved
Article 9 - Traders' obligations in case of
withdrawal
Article 10 - Precluding the right of withdrawal
Article11 - The price
Article 12 - Contract fulfilment and extra
guarantee
Article13 - Delivery and implementation
Article 14 - Extended duration transactions:
duration, termination and prolongation
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Amendments to the general terms and
conditions
Article 1 - Definitions
The following definitions apply in these terms and conditions:
1. Supplementary
agreement: an agreement in which a consumer obtains products, digital content
and/or services via a distance contract, and a trader or a third party delivers
these products, digital content and/or services in accordance with an agreement
between that third party and the trader;
2. Withdrawal period: the
period within which a consumer can make use of his right of withdrawal;
3. Consumer: a natural
person whose actions are not carried out for objectives relating to the course
of a trade, a profession or a business;;
4. Day: calendar day;
5. Digital content: data
that are produced and supplied in digital form;
6. Extended duration
transaction: a distance contract relating to a series of products and/or
services, whereby the obligation to supply and/or purchase is spread over a
period of time;
7. Durable medium: every
means - including emails - that enables a consumer or trader to store
information that is addressed to him in person in a way that facilitates its
future use or consultation during a period that is in keeping with the
objective for which the information is intended, and which facilitates the
unaltered reproduction of the stored information;
8. Right of withdrawal:
the possibility for a consumer to waive a distance contract within the
withdrawal period;
9. Trader: a natural or
legal person who is a member of Thuiswinkel.org and who offers products,
(access to) digital content and/or services to consumers from a distance;
10. Distance contract: a
contract concluded between a trader and a consumer within the framework of
system organized for the distance sale of products, digital content and/or
services, whereby sole or partly use is made of one or more techniques for
distance communication up to and including the moment that the contract is
concluded;
11. Model form for right
of withdrawal: the European model form for right of withdrawal that is included
in Appendix I of these terms and conditions. The trader is not obliged to
provide Appendix I if the consumer has no right of withdrawal with regard to
his order;
12. Technique for distance
communication: means that can be used for communication regarding the offer
made by the trader and concluding a contract, without the necessity of the
consumer and trader being in the same place at the same time.
Article 2 - Identity of the trader
Vicson
Singel 136A
1015AG Amsterdam
Nederland
+31 (0)20-4977225
Time(s) at which the trader can be contacted by
telephone:
Monday till Friday from 09.00 to 17.00
E-mailadres: info@vicson.nl
Chamber of Commerce number: 33265741
VAT identification number: NL804265422B01
Article 3: Applicability
1. These general terms
and conditions apply to every offer made by a trader and to every distance
contract that has been realized between an trader and a consumer.
2. Prior to the
conclusion of a distance contract, the text of these general terms and
conditions will be made available to the consumer. If this is not reasonably
possible, the trader will indicate, before the distance contract is concluded,
in what way the general terms and conditions are available for inspection at
the trader’s premises and that they will be sent free of charge to the
consumer, as quickly as possible, at the consumer’s request.
3. If the distance
contract is concluded electronically, then, contrary to the previous paragraph,
and before the distance contract is concluded, the consumer will be provided
with the text of these general terms and conditions electronically, in such a
way that the consumer can easily store them on a durable data carrier. If this
is not reasonably possible, then before concluding the distance contract, the
trader will indicate where the general terms and conditions can be inspected
electronically and that at his request they will be sent to the consumer free
of charge, either electronically or in some other way.
4. In cases where
specific product or service-related terms and conditions apply in addition to
these general terms and conditions, the second and third paragraphs apply by
analogy and the consumer can always invoke the applicable condition that is
most favorable to him in the event of incompatible general terms and
conditions.
Article 4 - The offer
1. If an offer is subject
to a limited period of validity or is made subject to conditions, this will be
explicitly mentioned in the offer.
2. The offer contains a
complete and accurate description of the products, digital content and/or
services being offered. The description is sufficiently detailed to enable the
consumer to make a proper assessment of the offer. If the trader makes use of
illustrations, these will be a true representation of the products and/or
services being offered. The trader is not bound by obvious errors or mistakes
in the offer.
3. Every offer contains
information that makes it clear to the consumer what rights and obligations are
related to the acceptance of the offer.
Article 5 - The contract
1. The contract will be
concluded, subject to that which is stipulated in paragraph 4, at the moment at
which the consumer accepts the offer and the conditions thereby stipulated have
been fulfilled.
2. If the consumer has
accepted the offer electronically, the trader will immediately confirm receipt
of acceptance of the offer electronically. The consumer can dissolve the
contract as long as this acceptance has not been confirmed by the trader.
3. If the contract is
concluded electronically, the trader will take suitable technical and
organizational measures to secure the electronic transfer of data and he will
ensure a safe web environment. If the consumer is able to pay electronically,
the trader will take suitable security measures.
4. The trader may obtain
information – within statutory frameworks – about the consumer’s ability to
fulfill his payment obligations, as well as about facts and factors that are
important for the responsible conclusion of the distance contract. If that
research gives the trader proper grounds for declining to conclude the
contract, then he has a right, supported by reasons, to reject an order or
application or to bind its implementation to special conditions.
5. The trader will send
to a consumer, at the latest when delivering a product, service or digital
content, the following information, in writing, or in such a way that the
consumer can store it on an accessible durable medium:
o
the office address of the trader’s business location where the consumer can
lodge complaints;
o
the conditions under which the consumer can make use of the right of
withdrawal and the method for doing so, or a clear statement relating to
preclusion from the right of withdrawal;
o
information on guarantees and existing after-sales service;
o
the price, including all taxes on the product, service or digital content;
the costs of delivery insofar as applicable, and the method of payment,
delivery or implementing the distance contract;
o
the requirements for terminating the contract, if the duration of the
contract exceeds one year or if it is indefinite;
o
if the consumer has a right of withdrawal, the model form for right of
withdrawal.
6. In case of an extended
duration contract, the stipulation in the previous paragraph applies only to
the first delivery.
Article 6 - Right of withdrawal
Upon delivery of products:
1. When purchasing
products, a consumer has the right to dissolve a contract, without giving
reasons, during a period of at least 14 days. The trader is allowed to ask a
consumer for the reason of this dissolution, but the consumer is under no
obligation to state his/her reason(s).
2. The period stipulated
in para. 1 commences on the day after the product was received by the consumer,
or a third party designated by the consumer, who is not the transporting party,
or:
o
if the consumer has ordered several products: the day on which the
consumer, or a third part designated by the consumer, received the last
product. The trader may refuse a single order for several products with
different delivery dates, provided he clearly informed the consumer of this
prior to the ordering process.
o
if the delivery of a product involves different deliveries or parts: the
day on which the consumer, or a third party designated by the consumer,
received the last delivery or the last part;
o
with contracts for the regular delivery of products during a given period:
the day on which the consumer, or a third party designated by the consumer,
received the last product.
Upon delivery of services and digital content that is not supplied on a
material medium:
3. A consumer has the
right to dissolve a contract, without giving reasons, for the supply of digital
content that is not supplied on a material medium during a period of at least
fourteen days. The trader is allowed to ask a consumer for the reason of this
dissolution, but the consumer is under no obligation to state his/her
reason(s).
4. The period stipulated
in para. 3 commences on the day after the contract was concluded.
Extended withdrawal period for products, services and digital content that
is not supplied on a material medium in the event a consumer was not informed
about the right of withdrawal:
5. If the trader did not
provide the consumer with the statutorily obligatory information about the
right of withdrawal or if the model form was not provided, the withdrawal
period ends twelve months after the end of the originally stipulated withdrawal
period based on the previous paragraphs of this article.
6. If the trader provided
the consumer with the information referred to in the previous paragraph within
twelve months of the commencing date of the original withdrawal period, the
withdrawal period shall end 14 days after the day on which the consumer
received the information.
Article 7 - Consumers' obligations during the withdrawal period
1. During the withdrawal
period, the consumer shall treat the product and its packaging with care. He
shall only unpack or use the product in as far as necessary in order to assess
the nature, characteristics and efficacy of the product. The point of departure
here is that the consumer may only handle and inspect the product in the same
way that he would be allowed in a shop.
2. The consumer is only
liable for the product's devaluation that is a consequence of his handling the
product other than as permitted in para.
3. The consumer is not
liable for the product’s devaluation if the trader did not provide him with all
the statutorily obligatory information about the right of withdrawal before the
contract was concluded.
Article 8 - Customers who exercise their right of withdrawal and the costs
involved
1. A consumer who wants
to exercise his right of withdrawal shall report this to the trader, within the
withdrawal period, by means of the model form for right of withdrawal or in
some other unequivocal way.
2. As quickly as
possible, but no later than 14 days after the day of reporting as referred to
in para. 1, the consumer shall return the product, or hand it over to (a
representative of) the trader. This is not necessary if the trader has offered
to collect the product himself. The consumer will in any case have complied
with the time for returning goods if he sends the product back before the
withdrawal period has lapsed.
3. The consumer returns
the product with all relevant accessories, if reasonably possible in the
original state and packaging, and in accordance with the reasonable and clear
instructions provided by the trader.
4. The risk and the
burden of proof for exercising the right of withdrawal correctly and in time
rest upon the consumer.
5. The consumer bears the
direct costs of returning the product. If the trader has not declared that the
consumer shall bear these costs or if the trader indicates a willingness to
bear these costs himself, then the consumer shall not be liable to bear the
costs of returning goods.
6. If the consumer
exercises his right of withdrawal, after first explicitly having asked that the
service provided or the delivery of gas, water or electricity not prepared for
sale shall be implemented in a limited volume or a given quantity during the
period of withdrawal, the consumer shall owe the trader a sum of money that is
equivalent to that proportion of the contract that the trader has fulfilled at
the moment of withdrawal, in comparison with fulfilling the contract entirely.
7. The consumer shall
bear no costs for implementing services or the supply of water, gas or
electricity not prepared for sale – in a limited volume or quantity – or for
delivering city central heating, if:
o
the trader did not provide the consumer with the statutorily obligatory
information about the right of withdrawal, the costs payable in the event of
withdrawal or the model form for right of withdrawal, or;
o
the consumer did not explicitly ask about the commencement of implementing
the service or the delivery of gas, water, electricity or city central heating
during the period of withdrawal.
8. The consumer shall
bear no costs for the entire or partial supply of digital content that is not
supplied on a material medium, if:
o
prior to delivery, he did not explicitly agree to commencing fulfilment of
the contract before the end of the period of withdrawal;
o
he did not acknowledge having lost his right of withdrawal upon granting
his permission; or
o
the trader neglected to confirm this statement made by the consumer.
9. If a consumer
exercises his right of withdrawal, all supplementary agreements are legally
dissolved.
Article 9 - Traders' obligations in a case of withdrawal
1. If the trader makes it
possible for a consumer to declare his withdrawal via electronic means, then
after receiving such a declaration, he sends immediate confirmation of receipt.
2. The trader reimburses
the consumer immediately with all payments, including any delivery costs the
trader charged for the returned product, though at the latest within 14 days
after the day on which the consumer reported the withdrawal. Except in cases in
which the trader has offered to retrieve the product himself, he can postpone
refunding until he has received the product or until the consumer proves he has
returned the product, depending on which occurs earlier.
3. For any reimbursement,
the trader will use the same payment method that was initially used by the
consumer, unless the consumer agrees to another method. Reimbursement is free
of charge for the consumer.
4. If the consumer chose
an expensive method of delivery in preference to the cheapest standard
delivery, the trader does not have to refund the additional costs of the more
expensive method.
Article 10 - Precluding the right of withdrawal
The trader can preclude the right of withdrawal for the following products
and services, but only if the trader stated this clearly when making the offer,
or at least in good time prior to conclusion of the contract:
1. Products or services
whose prices are subject to fluctuations on the financial market over which the
trader has no influence and which can occur within the period of withdrawal;
2. Contracts concluded
during a public auction. A public auction is defined as a sales method whereby
a trader offers products, digital content and/or services at an auction, under
the directions of an auctioneer, and whereby the successful purchaser is
obliged to purchase the products, digital content and/or services;
3. Service contracts,
after full completion of the service, but only if:
o
implementation started with the explicit prior agreement of the consumer;
and
o
the consumer declared having lost his right or withdrawal as soon as the
trader had completed the contract in full;
4. Package travels,
package holidays and package tours as referred to in article 7:500 BW and
contracts on passenger transport;
5. Service contracts
providing access to accommodation, if the contract already stipulates a certain
date or period of implementation and other than for the purpose of
accommodation, the transport of goods, car rental services and catering;
6. Contracts relating to
leisure activities, if the contract already stipulates a certain date or period
of implementation;
7. Products manufactured
according to the consumer’s specifications, which were not prefabricated and
were made based on a consumer’s specific choice or decision, or which are
clearly intended for a specific person;
8. Products subject to
rapid decay or with a limited shelf-life;
9. Sealed products that,
for reasons relating to the protection of health or hygiene, are unsuited to
returning and whose seal was broken subsequent to delivery;
10. Products that, due to
their nature, have been irretrievably mixed with other products;
11. Alcoholic drinks whose
price was agreed when concluding the contract, but the delivery of which can
only take place after 30 days, and the actual value of which depends on market
fluctuations over which the trader has no influence;
12. Sealed
audio/video-recordings and computer apparatus whose seal was broken after
delivery;
13. The delivery of
digital content other than on a material medium, but only if:
o
the delivery commenced with the consumer’s explicit prior agreement, and
o
the consumer declared that this implied his having lost his right of
withdrawal.
Article 11 - The price
1. During the period of
validity indicated in the offer, the prices of the products and/or services
being offered will not be increased, except for price changes in VAT-tariffs.
2. Contrary to the
previous paragraph, the trader may offer products or services at variable
prices, in cases where these prices are subject to fluctuations in the
financial market over which the trader has no influence. The offer must refer
to this link with fluctuations and the fact that any prices mentioned are
recommended prices.
3. Price increases within
3 months after the contract was concluded are only permitted if they are the
result of statutory regulations or stipulations.
4. Price increases more
than 3 months after the contract was concluded are only permitted if the trader
stipulated as much and:
o
they are the result of statutory regulations or stipulations; or
o
the consumer is authorized to terminate the contract on the day on which
the price increase takes effect.
5. Prices stated in
offers of products or services include VAT.
Article 12 - Contract fulfilment and extra guarantee
1. The trader guarantees
that the products and/or services fulfill the contract, the specifications
stated in the offer, the reasonable requirements of reliability and/or
serviceability and the statutory stipulations and/or government regulations
that existed on the date that the contract was concluded. If agreed the trader
also guarantees that the product is suited for other than normal designation.
2. An extra guarantee
arrangement offered by the trader, manufacturer or importer can never affect
the statutory rights and claims that a consumer can enforce against the trader
on the grounds of the contract if the trader failed to fulfil his part in the
contract.
3. An extra guarantee is
defined as every commitment of a trader, his supplier, importer or manufacturer
that grants a consumer rights or claims, in excess of those provided by law,
for the event that he fails to fulfil his part in the contract.
Article 13 - Supply and implementation
1. The trader will take
the greatest possible care when receiving and implementing orders for products
and when assessing applications for the provision of services.
2. The place of delivery
is deemed to be the address that the consumer makes known to the company.
3. Taking into
consideration that which is stated in article 4 of these general terms and
conditions, the company will implement accepted orders with efficient
expedition, though at the latest within 30 days, unless a different period of
delivery has been agreed. If delivery suffers a delay, or if the delivery
cannot be implemented, or only partially, the consumer will be informed about
this at the latest 30 days after the order was placed. In this case, the consumer
has a right to dissolve the contract free of charge and a right to possible
damages.
4. Following dissolution
in accordance with the previous paragraph, the trader refunds the consumer
immediately the sum he had paid.
5. The risk of damage
and/or loss of products rests upon the trader up to the moment of delivery to
the consumer or a representative previous designated by the consumer and
announced to the trader, unless this has explicitly been agreed otherwise.
Article 14 - Extended duration transactions: duration, termination and
prolongation
Termination:
1. The consumer has a
right at all times to terminate an open-ended contract that was concluded for
the regular supply of products (including electricity) or services, subject to
the agreed termination rules and a period of notice that does not exceed one
month.
2. The consumer has a
right at all times to terminate a fixed-term contract that was concluded for
the regular supply of products (including electricity) or services at the end
of the fixed-term, subject to the agreed termination rules and a period of
notice that does not exceed one month.
3. With respect to
contracts as described in the first two paragraphs, the consumer can:
o
terminate them at all times and not be limited to termination at a specific
time or during a specific period;
o
terminate them in the same way as that in which they were concluded;
o
always terminate them subject to the same period of notice as that
stipulated for the trader.
Prolongation:
4. A fixed-term contract
that was concluded for the regular supply of products (including electricity)
or services may not be automatically prolonged or renewed for a fixed period of
time.
5. In departure from that
which is stated in the previous paragraph, a fixed-term contract that has been
concluded for the regular supply of daily or weekly newspapers or magazines may
be automatically prolonged for a fixed term that does not exceed three months,
if the consumer is at liberty to terminate this prolonged contract towards the
end of the prolongation, with a period of notice that does not exceed one
month.
6. A fixed-term contract
that has been concluded for the regular supply of products or services may only
be automatically prolonged for an indefinite period of time if the consumer has
at all times the right to terminate, with a period of notice that does not
exceed one month and, in the case of a contract to supply daily or weekly
newspapers or magazines regularly but less than once per month, a period that
does not exceed three months.
7. A fixed term contract
for the regular supply, by way of introduction, of daily or weekly newspapers
and magazines (trial subscriptions or introductory subscriptions) will not be
automatically prolonged and will automatically terminate at the end of the
trial period or introductory period.
Duration:
8. If the fixed-term of a
contract exceeds one year, then after one year the consumer has at all times a
right to terminate, with a period of notice that does not exceed one month,
unless reasonableness and fairness dictate that premature termination of the contract
would be unacceptable.
Article 15 - Payment
1. As far as no other
date is stipulated in the contract or supplementary conditions, sums payable by
the consumer should be paid within 14 days after commencement of the withdrawal
period, or in the absence of a withdrawal period within 14 days after the
conclusion of the contract. In the case of a contract to provide a service,
this 14-day period starts on the day after the consumer received confirmation
of the contract.
2. When selling products
to consumers, the general terms and conditions may never stipulate an advance
payment in excess of 50%. Where advance payment is stipulated, the consumer
cannot invoke any rights whatsoever in relation to the implementation of the
order or service(s) in question before the stipulated advance payment has been
made.
3. The consumer is
obliged to report immediately to the trader any inaccuracies in payment data
provided or stated.
4. If a consumer fails to
fulfil his payment obligation(s) in good time, after the trader has informed
the consumer about the late payment, the consumer is allowed 14 days in which
to fulfil the obligation to pay; if payment is not made within this 14-day
period, statutory interest will be payable over the sum owed and the trader has
the right to charge reasonable extrajudicial costs of collection he has
incurred. These costs of collection amount to, at the most: 15% of unpaid sums
up to €2,500; 10% over the next €2,500; and 5% over the next €5,000, with a
minimum of €40. The trader can make departures from these sums and percentages
that are favorable to the consumer.
Article 16 - Complaints procedure
1. The trader provides
for a complaints procedure, that has been given sufficient publicity, and will
deal with a complaint in accordance with this complaints procedure.
2. A consumer who has
discovered shortcomings in the implementation of a contract must submit any
complaints to the trader without delay, in full and with clear descriptions.
3. A reply to complaints
submitted to the trader will be provided within a period of 14 days, calculated
from the date of receipt. If it is anticipated that a complaint will require a
longer processing time, then the trader will reply within 14 days, confirming
receipt and indicating when the consumer can expect a more elaborate reply.
4. The consumer should
give the trader a time period of at least 4 weeks to solve the complaint in
joint consultation. After this period of time, the complaint becomes a
dispute that is subject to the disputes settlement scheme.
Article 17 - Disputes
1. Contracts entered into
between a trader and a consumer and which are subject to these general terms
and conditions are subject only to Dutch law.
Article 18 - Amendments
to the general terms and conditions
Additional and/or amended provisions of these general
terms and conditions are prohibited from being in disadvantage of the consumer
and must be available to the consumer in writing in such a way that it can be
saved onto a durable data carrier.
Annex I: Model form for right of withdrawal
Model form for right of withdrawal
(this form should only be completed and returned if you want to withdraw
from the contact)
- To:
[trader's name]
[trader's geographical
adress]
[ trader's fax number,
if available]
[trader's e-mail
adress or electronic adress]
- I/We*
herewith inform you that, in respect of our contract regarding
The sale of the
following products: [description of the product]*
The delivery of the
following digital content: [description of the digital content]*
The supply of the
following service: [description of the service]*,
I/we* exercise our
right of withdrawal
- Ordered
on*/received on* [date of ordering services or receiving
goods]
- [Consumer(s)'
name)]
- [Consumer(s)'adress]
- [Consumer(s)'
signature] (only if this form is submitted on paper)