Terms and Conditions

These General Terms and Conditions of the Webshop Quality Mark Foundation have been 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 enter into force on 1 June 2014.

These General Terms and Conditions will be used by all members of the 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 Netherlands Authority for the Financial Markets.

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 warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination and extension
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 the Webshop Quality Mark Foundation

Article 1 - Definitions

In these terms and conditions the following terms shall have the following meanings:

1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Reflection period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Duration agreement: an agreement aimed at the regular delivery of goods, services and/or digital content during a specific period;
7. Durable medium: any instrument – ​​including email – that enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purpose for which the information is intended and which allows for the unchanged reproduction of the stored information;
8. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who is a member of the Webshop Quality Mark Foundation and who offers products, (access to) digital content and/or services remotely to consumers;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for the distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or additional use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form included in Appendix I to these terms and conditions;
12. Distance communication technology: means that can be used to conclude an agreement without the consumer and the entrepreneur having to be in the same place at the same time;

Article 2 – Identity of the entrepreneur

Deltron
Second Dwarsdiep 7
9515PP Gasselternijveenschemond
The Netherlands
+31 (0) 599 20 23 86
info@deltron.nl
Chamber of Commerce number: 5978185
VAT identification number: NL853636795B01

If the entrepreneur's activity is subject to a relevant licensing system: the details of the supervisory authority;

If the entrepreneur exercises a regulated profession:

• the professional association or organization to which he is affiliated;
• the professional title, the place in the EU or the European Economic Area where it was awarded;
• a reference to the professional rules that apply in the Netherlands and instructions on where and how these professional rules can be accessed.

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 in what way the general terms and conditions can be consulted with the entrepreneur and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, notwithstanding 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 the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically 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 apply accordingly and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to 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 properly assess the offer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set 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 receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve 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 will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may, within the legal framework, inquire whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content:
   - the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
   - 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;
   - information about guarantees and existing after-sales service;
   - 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;
   - the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
   - if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal (not applicable for business (B2B) purchases)

When delivering products and services to B2C:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
2. 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 assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days after receipt of the product. The consumer must make this known using the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
4. If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is a fact.
5. When providing services, the consumer has the option to terminate the agreement without giving any reason for at least 14 days, starting on the day the agreement is concluded.
6. In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

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 starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop. The consumer may not actually use, register or test the product if the buyer does not yet know whether he will actually keep the product. Deltron may request compensation if it appears after return that the product has been used, registered or tested.
2. The consumer is only liable for any diminished value of the product resulting from the handling of the product which goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of 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 report this within the cooling-off period by means of the model withdrawal form or to the entrepreneur.
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 authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer shall return the product with all supplied accessories, if reasonably possible in the 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 shall bear the direct costs of returning the product.
6. The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:he has not expressly agreed, prior to delivery, to the commencement of the performance of the agreement before the end of the cooling-off period;
7. he has not acknowledged that he loses his right of withdrawal by giving his consent; or
8. the entrepreneur has failed to accept this statement from the consumer
9. 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 makes it possible for the consumer to notify the withdrawal electronically, he will immediately send a
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 notified him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever is the earliest.
3. The entrepreneur uses the same payment method for reimbursement that the consumer used, unless the consumer agrees to another method. The reimbursement is 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 entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal (see also return policy)

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

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. Agreements 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 the consumer who is personally present or is given 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:
   - the performance has begun with the consumer's express prior consent; and the consumer has declared that he will lose his right of withdrawal once the trader has fully performed the contract;
4. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, the transport of goods, car rental services and catering;
5. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance thereof;
6. Products manufactured to consumer 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;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
9. Products which, after delivery, are by their nature irreversibly mixed with other products;
10. Alcoholic beverages, the price of which has been agreed upon at the time of concluding the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
11. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
12. Newspapers, periodicals or magazines, with the exception of subscriptions to these;
13. The supply of digital content other than on a tangible medium, but only if:
    - the performance has begun with the consumer's express prior consent; and the consumer has declared that he thereby loses his right of withdrawal.

Article 13 – Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the granting of
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. Taking into account 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 the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will receive this at the latest 30 days after he placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
4. After dissolution 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 previously designated representative made known to the entrepreneur, unless expressly stated otherwise.

Article 14 – Duration transactions: duration, termination and extension

Cancellation:

1. The consumer may at any time terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of no more than one month.

2. The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, taking into account 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:
   • cancel at any time and not be limited to cancellation at a specific time or during a specific period;
   • at least cancel in the same manner as they were entered into by him;
   • always cancel with the same notice period as the entrepreneur has for himself

Extension:

4. An agreement entered into for a definite period and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.
5. By way of exception to the previous paragraph, an agreement entered into for a fixed period and aimed at the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can cancel this extended agreement at the end of the extension with a notice period of no more than one month.
6. An agreement entered into for a fixed period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement provides for the regular, but less than monthly, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for the purpose of getting to know each other (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory subscription has expired.

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 reasonableness and fairness oppose termination before the end of the agreed term.

Article 15 – Payment

1. Unless otherwise specified in the agreement or additional 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 in general terms and conditions to make an advance payment of more than 50%. If an advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the agreed advance payment has been made.
3. The consumer has the duty to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
4. If the consumer does not meet his payment obligation(s) on time, after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, if payment is not made within this 14-day period, the consumer will owe the statutory interest on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs 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 can deviate from the stated amounts to the advantage of the consumer and

Article 16 – Complaints procedure

1. The entrepreneur has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
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 to Stichting Webshop Keurmerk.
5. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after the complaint has been 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 exclusively governed by Dutch law.
2. Disputes between the consumer and the entrepreneur regarding the conclusion or performance of agreements relating to products and services to be supplied or supplied by this entrepreneur can, subject to the provisions below, be submitted by both the consumer and the entrepreneur to the Webshop Disputes Committee, Postbus 90600, 2509 LP in The Hague ( sgc.nl ).
3. A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable 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 state in writing within five weeks of a written request made by the entrepreneur whether he also wishes this or whether he wishes the dispute to be handled by the competent court. If the entrepreneur does not hear the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee will make a decision under the conditions as set out in the Disputes Committee 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 the handling if the entrepreneur has been granted a moratorium, has become bankrupt or has actually ceased his business activities before a dispute has been handled by the committee at the hearing and a final decision has been made.
8. If, in addition to the Webshop Disputes Committee, another recognised disputes committee or one affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is authorised, for disputes relating primarily to the method of distance selling or service provision, the Disputes Committee Stichting Webshop Keurmerk shall preferably be authorised. For all other disputes, the other recognised disputes committee affiliated with the SGC or Kifid shall be authorised.

Article 18 – Industry guarantee

1. Stichting Webshop Keurmerk guarantees compliance with the binding advice of the Disputes Committee Stichting Webshop Keurmerk by its members, unless the member decides to submit the binding advice to the court for review within two months after it was sent. This guarantee revives if the binding advice has been upheld after review by the court and the judgment showing this has become final and binding. Up to a maximum amount of €10,000 per binding advice, this amount will be paid out to the consumer by Stichting Webshop Keurmerk. For amounts greater than €10,000 per binding advice, €10,000 will be paid out. For the excess, Stichting Webshop Keurmerk has an obligation to make an effort to ensure that the member complies with the binding advice.
2. Application of this guarantee requires that the consumer submits a written appeal to Stichting Webshop Keurmerk and that he transfers his claim on the entrepreneur to Stichting Webshop Keurmerk. If the claim on the entrepreneur exceeds €10,000, the consumer is offered the opportunity to transfer his claim to Stichting Webshop Keurmerk, insofar as it exceeds the amount of €10,000, after which this organisation will request payment thereof in court in its own name and at its own expense to satisfy the consumer.

Article 19 – Additional or deviating provisions

Additional or deviating provisions 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 – Amendment of the general terms and conditions of the Webshop Quality Mark Foundation

1. The Webshop Quality Mark Foundation will not amend these general terms and conditions without consulting the Consumers' Association.
2. Changes to these terms and conditions will only come into effect after they have been published in an appropriate manner, provided that in the event of applicable changes during the term of an offer, the provision that is most favourable to the consumer will apply.

Address of the Webshop Quality Mark Foundation: Weteringschans 108 1017 XS Amsterdam