Terms and conditions

General Terms and Conditions of Thuiswinkel

These General Terms and Conditions of the Dutch Thuiswinkel Organisation were drawn up in consultation with the Consumers’ Association within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and will become operable as of June 1st 2014.

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 - Obligations of the consumer during the reflection period
Article   8 - Exercise of the right of withdrawal by the consumer and the costs thereof
Article   9 - Obligations of trader at withdrawal
Article 10 - Exclusion from right of withdrawal
Article 11 - The Price
Article 12 - Conformity and guarantee
Article 13 - Supply and implementation
Article 14 - Extended duration transactions: duration, termination and prolongation
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Branch guarantee
Article 19 - Additional or different stipulations
Article 20 - Amendment to the general terms and conditions of Thuiswinkel

Article 1 – Definitions
The following definitions apply in these terms and conditions:
1. Extended duration transaction: a distance contract that relates to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
2. Withdrawal period: the period within which the consumer can make use of his right of withdrawal; 
3. Consumer: the natural person whose action is not within the course of a profession or business and who enters into a distance contract with the trader;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Fixed-term contract: a contract which seeks the regular supply of products, services and/or digital contents during a certain period;
7. Durable medium: every means that enables the consumer or trader to store information that is addressed to him in person in a way that facilitates future consultation and unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
9. Trader the natural or legal person who is a member of the Dutch Thuiswinkel Organisation and who offers products and/or services to consumers from a distance;
10. Distance contract: a contract whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the trader for the distance sale of products and/or services, up to and including the moment that the contract is concluded;
11 Model form for withdrawal: European model form for withdrawal included in Annex I to these terms and conditions;
12. Technique for distance communication: means that can be used for concluding a contract, without the consumer and trader being in the same place at the same time.  

Article 2 – Identity of the trader
361° Europe BV
Fanny Blankers-Koenplein 50
2031VW Haarlem
Nederland
Telephone number: +31 (0)23 737 0494 (Monday-Friday 09:00- 17:30) 
E-mail address: info@361europe.com
 
Availability:
Monday – Friday: 09:00 hr – 17:00 hr

Chamber of Commerce number: 66674999
VAT identification number: NL856656641B01

Article 3 – Applicability
1. These general terms and conditions apply to every offer made by an trader and to every distance contract that is realised 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, that 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 favourable 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 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 will contain such information that makes it clear to the consumer what rights and obligations are involved in accepting the offer.
- the price, including taxes;
- any costs of delivery;
- the way in which the contract shall be concluded and which actions this will require;
- whether or not the right of withdrawal applies; including the form of withdrawal
- the method of payment, delivery and implementation of the contract;
- the period for accepting the offer or the period for which the trader guarantees the price;
- the size of the tariff for distance communication, if the costs of using the technique for distance communication are calculated on some other basis than the regular basic tariff for the chosen communication technique; - if a contract is  led subsequent to its conclusion, and if so, the way in which this can be accessed by the consumer;
- the way in which the consumer can obtain information about the data he has provided for in the course of the contract, as well as the way he can rectify these before the contract is concluded;
- the languages in which, in addition to Dutch, the contract can be concluded;
- the behavioural codes to which the trader is subject and the way in which the consumer can consult these behavioural codes electronically; and
- the minimum duration of the distance contract, in the event of a contract that involves the continual or periodical supply of products or services. 

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 organisational 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 fulfil 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. Together with the product or service, the trader will send to the consumer the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:
a. the office address of the trader’s business location where the consumer can lodge complaints;
b. the conditions under which the consumer can make use of the right of withdrawal and the method for so doing, or a clear statement relating to the exclusion of the right of withdrawal;
c. information on guarantees and existing after-sales service;
d. the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these prior to concluding the contract;
e. the requirements for terminating the contract, if the duration of the contract exceeds one year or is indefinite. 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. Consumer can cancel the contract with regard to the purchase of a product during a period of at least 7 days without giving any reasons. Trader can ask consumer for the reason for the cancellation, but cannot oblige the latter to give the reason(s).
2. The reflection period named in paragraph 1 commences on the day after consumer, or a third party designated by the consumer, not being the carrier, has received the product, or
   a. If consumer ordered multiple products in the same order: the day on which consumer, or a third party designated by him, received the final product. Provided he informed consumer about this in a clear manner prior to the ordering process, trader can refuse an order for multiple products with a different delivery time.
   b. if delivery of a product consists of various consignments or parts: the day on which consumer, or a third party designated by him, received the last consignment or the final part;
   c. at contracts for regular delivery of products during a specific period: the day on which consumer, or a third party designated by him, received the first product.
In the event of services and digital content not delivered on a material medium:
3. Consumer can terminate a services contract and a contract for delivery of digital content not delivered on a material medium for at least 7 days without giving any reasons for termination.
Trader can ask consumer for the reason for the cancellation, but cannot oblige the latter to give the reason(s).
4. Reflection period mentioned in paragraph 3 commences on the day following the conclusion of the contract.
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 – Obligations of the consumer during the reflection period 
1. During the reflection period consumer will handle product and packaging carefully. He will unpack or use the product only to the extent necessary to determine the nature, characteristics and operation of the product. Starting point is that consumer can only inspect and use the product in the way he would be allowed in a shop.
2. Consumer is only liable for any reduction in the value of the product that is the result of a way of dealing with the product that goes further than allowed in paragraph 1.
3. Consumer is not liable for any reduction in the value of the product if trader did not provide all legally required information about the right of withdrawal at or previous to the conclusion of the contract.

Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof
1. If consumer exercises his right of withdrawal he reports this to trader within the reflection period by means of the model form for withdrawal or in another unequivocal manner.
2. As soon as possible but within 14 days from the day following the notification referred to in paragraph 1, consumer returns the product, or gives this to (an agent of) trader. This is not necessary if trader has offered to collect the product himself. In any case consumer will have complied with the return period if he returns the product before this period has expired.
3. Consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and according to reasonable and clear instructions provided by trader.
4. The risk and the burden of proof for the proper and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer shall bear the direct costs of the return of the product. If trader did not state that consumer has to bear these costs or if trader indicates to bear the costs himself, consumer is not obliged to bear the costs for return.
6. If consumer cancels after first expressly having requested that the provision of the service commences during this period, consumer owes trader a sum proportional to that part of the contract that trader fulfilled at the time of the withdrawal, compared with the full fulfilment of the undertaking.. 
7. Consumer does not bear any costs for the performance of services that are not made ready for sale in a limited volume or quantity if::
   a. trader did not provide consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model form for withdrawal or;
   b. consumer did not explicitly request the commencement of the performance of the service during the period of reflection.
8. Consumer does not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium if:
   a. prior to the delivery he has not expressly agreed with the commencement of the performance of the contract before the end of the reflection period;
   b. he has not acknowledged losing his right of withdrawal at granting his consent; or
   c. trader has failed to confirm this declaration of consumer.    
9. If consumer exercises his right of withdrawal, all additional agreements will be legally dissolved

Article 9 - Obligations of the trader at withdrawal
1. If trader electronically enables notification of withdrawal by consumer, after receipt of this notification he sends a confirmation of receipt without delay.
2. Trader will refund any payments made by consumer, including any delivery costs charged by trader for the returned product, without delay but within 14 days following the day on which consumer notifies him of the withdrawal. Unless trader offers to collect the product himself, he can wait with refunding until it has received the product or till consumer demonstrates that he returned the product, whichever occurs earlier.
3. For reimbursement trader uses the same means of payment that was used by consumer, unless consumer agrees with another method. Reimbursement is free of charge for the consumer.
4. If consumer opted for a more expensive method of delivery than the cheapest standard delivery, trader is not obliged to refund the additional costs for the more expensive method.

Article 10 - Exclusion from right of withdrawal 
Trader may exclude products and services from the right of withdrawal, but only if trader clearly stated this in the offer, at least in time for the conclusion of the contract:
1. Products or services of which the price is dependent on fluctuations in the financial market and on which trader has no influence and that may occur within the cancellation period;
2. Contracts concluded during a public auction. Under a public auction is understood a sales method during which products, digital content and/or services are offered by trader to consumer who is personally present or is given the opportunity to be personally present at the auction, under the leadership of an auctioneer, and at which the successful bidder is obliged to accept the products, digital content and/or services;
3. Service contracts, after full performance of the service, but only if:
   a. performance has begun with the explicit prior consent of consumer; and
   b. consumer has stated that he will lose his right of withdrawal as soon as trader fully completed the contract;
4. Products manufactured according to the specifications of consumer , which are not prefabricated and which are manufactured on the basis of an individual choice or decision of consumer, or which are clearly intended for a specific person;
5. Delivery of digital content other than in a tangible medium, but only if:
   a. performance has begun with the explicit prior consent of consumer; and   
   b. consumer has declared that he would lose 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:
a) they are the result of statutory regulations or stipulations; or
b) 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 - Compliance and extra guarantee
1. Trader guarantees that the products and/or services comply with the contract, the specifications listed in the offer, the reasonable requirements of reliability and/or serviceability and legal provisions and / or government regulations existing on the date of the conclusion of the contract. If agreed trader also guarantees that the product is suitable for other than normal use.
2. Additional warranty provided by trader, his supplier, manufacturer or importer never limits the legal rights and claims that consumers can assert on the basis of the contract with trader if trader has failed in the compliance of his part of the contract.
3. Under additional guarantee is understood any agreement by trader, his supplier, importer or manufacturer that provides certain rights or grants claims to consumer that go beyond the legal requirements in case he failed to fulfil his part of 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 longer 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. In the case of dissolution in accordance with the previous paragraph, the trader will refund the consumer the sum paid as quickly as possible, though at the latest within 30 days after that dissolution. 
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:
   a. terminate them at all times and not be limited to termination at a specific time or      during a specific period
   b. terminate them in the same way as that in which they were concluded
   c. 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. Unless otherwise provided in the contract or additional conditions, the amounts owed by the consumer are to be paid within fourteen days after the commencement of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the contract. In the event of a contract to provide a service, this period commences on the day after consumer received confirmation of the contract.
2. When selling products to consumers consumer can never be obliged to advance payment of more than 50% in the general terms and conditions. If advance payment has been agreed, consumer cannot assert any rights regarding the performance of the order or service(s) before the advance payment has been made.
3. Consumer has the duty to immediately report to trader inaccuracies in payment details supplied or specified.
4. If consumer fails to timely comply with his payment obligation(s), and after the late payment has been pointed out to consumer by trader and trader granted consumer a period of 14 days to yet fulfil his payment obligations, following payment failure within this 14 day period, statutory interest is payable by consumer on the amount due and trader has the right to charge extra-judicial collection costs. Those collection amount to a maximum of: 15% on outstanding amounts up to € 2,500.=; 10% on the subsequent € 2,500.= and 5% on the next € 5,000.= with a minimum of € 40.=. To the advantage of consumer trader may deviate from the above amounts and percentages.

Artikel 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. Complaints about exercising the contract must be submitted to the trader without delay, in their entirety and clearly de ned, after the consumer has discovered the defects.
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. A complaint about a product, a service or the trader’s service can also be submitted via a complaints form on the consumer’s page of the website of the Dutch Thuiswinkel Organization, www.thuiswinkel.org. The complaint is then sent both to the trader concerned and the Dutch Thuiswinkel Organization.
5. If the complaint cannot be solved in joint consultation within 4 weeks, then it becomes a dispute that is subject to the disputes settlement scheme.
Article 17 – Disputes 
1. Contracts entered into between an trader and a consumer and which are subject to these general terms and conditions are subject only to Dutch law. 
2. Disputes between a consumer and an trader over the conclusion or exercising of contracts relating to products and services to be supplied by this trader can be put before the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl), by either the consumer or the trader, with due observance of that which is stipulated below.
3. The Disputes Committee will only deal with a dispute if the consumer first put his complaint, without delay, to the trader.
4. The dispute should be submitted to the Disputes Committee, in writing, at the latest by twelve months after the dispute arose. 
5. If a consumer wants to put a dispute before the Disputes Committee, the trader is bound by that choice. Preferably the consumer will indicate this first to the trader
6. If it is at the wishes of the trader, then the consumer will indicate, in response to a written request made by the trader, whether he is in contract, or prefers the dispute to be dealt with by the competent law-court. If the consumer does not indicate his choice to the trader within a period of five weeks, then the trader has a right to put the dispute before the competent law-court. 
7. Rulings of the Disputes Committee are subject to the conditions as stipulated in the regulations of the Disputes Committee. (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). Decisions of the Disputes Committee take the form of binding advice. 
8. The Disputes Committee will not deal with a dispute – or will terminate their intervention – if the trader has been granted a suspension of payments, gone bankrupt or has actually terminated business activities before the committee dealt with the dispute during a session and rendered a final ruling
9. If another disputes committee that is recognized or affiliated with the Disputes Committee Foundation for Consumer Affairs (SGC) or the Complaints Institute Financial Services (Kifid) is competent, in addition to the Thuiswinkel Disputes Committee, the latter will have exclusive jurisdiction for disputes relating mainly to the method of distance sales or services. For all other disputes, this applies to the other disputes committees recognized by the SGC or affiliated with the Kifid.

Article 18 - Branch guarantee
1. The Dutch Thuiswinkel Organization guarantees the fulfilment of obligations of her members in relation to binding advices imposed on them by the Thuiswinkel Disputes Committee, unless the member decides to put the binding advice before a law-court for verification within two months after de date of that advice. In case of law-court verification the suspension of the guarantee will end and the guarantee will come into effect again upon the court ruling becoming final and conclusive, whereby the court has declared that the binding advice has binding effect. Up to a maximum sum of € 10.000,= per binding advice the Dutch Thuiswinkel Organization will pay this sum to the consumer. In case of sums higher than € 10.000,= per binding advice, the sum of € 10.000,= will be paid. As far as the sum is higher than € 10.000,= the Dutch Thuiswinkel Organization has the obligation to take reasonable adequate efforts to pursue the member to fulfil the binding advice. 
2. Application of this guarantee requires the consumer to submit a written appeal to the Dutch Thuiswinkel Organization and to transfer his claim on the trader to the Dutch Thuiswinkel Organization. As far as the claim on the trader exceeds the sum of € 10.000,=, the consumer will be offered the possibility to transfer his claim on the trader above the sum of € 10.000,= to the Dutch Thuiswinkel Organization, where after this organization will pursue payment of the claim in court on her own title and costs.

Article 19 - Additional or different stipulations
Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium. 

Article 20 – Amendment to the general terms and conditions of Thuiswinkel 
1.The Dutch Thuiswinkel Organization will only amend these general terms and conditions after consultation with the Consumers’ Association. 
2.Amendments to these terms and conditions will only come into effect after they have been published in the appropriate way, on the understanding that where amendments apply during the validity of an offer, the stipulation that is most favourable to the consumer will prevail
Address of the Dutch Thuiswinkel Organization: P.O. Box 7001, 6710 CB EDE, the Netherlands. 
Rights can only be derived on the basis of the Dutch version of these general terms and conditions. 
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