General terms and conditions

These General Terms and Conditions of Via2Shop.nl have been drawn up using the example of Stichting Webshop Keurmerk.

Download the General Terms and Conditions in PDF here: General terms and conditions Stichting Webshop Keurmerk

Download the Model withdrawal form here: Model withdrawal form

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 - Performance and additional guarantee
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or different provisions
Article 19 - Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk

Article 1 - Definitions
In these terms and conditions, the following definitions shall apply:
1. Ancillary contract: a contract whereby the consumer acquires products, digital content and/or services in relation to a distance contract and these items, digital content and/or services are provided by the trader or by a third party on the basis of an arrangement between that third party and the trader;
2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person not acting for purposes related to his 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 supply of goods, services and/or digital content for a specified period;
7. Durable medium: any device - including e-mail - that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the consumer's option 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 from a distance;
10. Distance contract: a contract concluded between the trader and the consumer within the framework of an organised distance sales system for products, digital content and/or services, where, 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 set out in Annex I to these terms and conditions;
12. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time;

Article 2 - Identity of the entrepreneur

Via2Shop
Giessenborch 66
4132 HR Vianen

Phone: 06-48338161

Mail: info@via2shop.nl

Available on working days from 09:00 - 17:00

Chamber of commerce: 746 05 410

VAT identification number: NL8599 65 260 B01

If the entrepreneur's activity is subject to a relevant licensing regime: the
data on the supervisory authority;

If the entrepreneur practices a regulated profession:
- the professional association or organisation 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 applicable in the Netherlands and indications of 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 entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the remote agreement is concluded, indicate in what way the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon 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 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 inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favourable to him.

Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly 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 a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products, services and/or digital content on offer. 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 the rights and obligations are, which 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 fulfils the conditions set out therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm the receipt of the acceptance of the offer electronically. As long as the 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 shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may - within legal frameworks - investigate 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 remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while stating reasons.
5. The entrepreneur shall, at the latest on delivery of the product, service or digital content, send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
a. the visiting address of the trader's establishment to which the consumer can address complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
c. the information on guarantees and existing after-sales services;
d. the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal
By products:
1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party indicated by him, has received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or part;
c. for contracts for regular delivery of products during a specified period: the day on which the consumer, or a third party designated by him, received the first product.

In the case of services and digital content not provided on a tangible medium:
3. The consumer may cancel a service contract and a contract for the supply of digital content which is not supplied on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium in case of failure to inform about right of withdrawal:
5. If the trader has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period expires 12 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 12 months of the effective 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 reflection period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to establish 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 shop.
2. The consumer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1.
3. The consumer is not liable for depreciation of the product if the trader did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the contract.

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 trader within the withdrawal period using 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 returns the product, or hands it over to (an authorised representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any case if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all delivered accessories, 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 shall bear the direct costs of returning the product. If the trader has not indicated that the consumer should bear these costs or if the trader indicates that the consumer should bear the costs himself, the consumer does not have to bear the costs of returning the product.
6. If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity begins during the withdrawal period, the consumer shall owe the trader an amount proportionate to that part of the commitment fulfilled by the trader at the time of withdrawal, compared to the full fulfilment of the commitment.
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, not made ready for sale in a limited volume or quantity, or to supply district heating, if:
a. the trader has not provided the consumer with the legally required information on the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form, or;
b. the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the reflection period.
8. The 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 its delivery, he has not expressly consented to the commencement of the performance of the contract before the end of the cooling-off period;
b. he has not acknowledged losing his right of withdrawal when giving his consent; or
c. the entrepreneur has failed to confirm this statement by the consumer.
9. If the consumer exercises his right of withdrawal, all additional contracts shall be dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal
1. If the trader enables the consumer's notification of withdrawal by electronic means, he shall send a confirmation of receipt without delay after receiving this notification.
2. The entrepreneur reimburses 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 pick up the product himself, he may wait with refunding until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
3. For reimbursement, the entrepreneur shall use the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal
The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this when making the offer, or at least in good time before concluding 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 means a method of sale where products, digital content and/or services are offered by the operator to consumers who attend or are given the opportunity to attend the auction in person, under the guidance of an auctioneer, and where 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:
a. performance has begun with the consumer's express prior consent; and
b. the consumer has declared that he loses 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, carriage of goods, car rental services and catering;
5. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance thereof;
6. 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;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
9. Products which, after delivery, are by their nature irrevocably mixed with other products;
10. Alcoholic beverages whose price has been agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value 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, magazines or journals, excluding subscriptions to them;
13. The supply of digital content other than on a tangible medium, but only if:
a. performance has begun with the consumer's express prior consent; and
b. the consumer has declared that he thereby loses his right of withdrawal.

Article 11 - The price
1. During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding 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, with variable prices. This link to fluctuations and the fact that any stated prices are target prices shall be stated with the offer.
3. Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
a. they result from statutory regulations or provisions; or
b. the consumer is authorised to terminate the agreement as from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

Article 12 - Compliance with the agreement and additional guarantee
1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his 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 fulfil his part of the agreement.
3. Additional guarantee means any undertaking by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfil his part of the agreement.

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. Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with convenient speed but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
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 explicitly agreed otherwise.

Article 14 - Duration transactions: duration, termination and renewal
Termination:
1. The consumer may terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services at any time, subject to agreed termination rules and a notice period not exceeding one month.
2. The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time towards the end of the fixed-term, subject to agreed termination rules and a notice period not exceeding one month.
3. The consumer may enter into the agreements mentioned in the previous paragraphs:
- terminate at any time and not be limited to termination at a particular time or period;
- at least terminate them in the same way 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 supply of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
5. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.
6. A fixed-term contract that was concluded for the regular supply of products or services may only be tacitly renewed for an indefinite period of time if the consumer may terminate the contract at any time with a period of notice that does not exceed one month. The period of notice shall not exceed three months if the contract is for the regular delivery of daily or weekly newspapers or magazines, but less than once a month.
7. An agreement with a limited duration for the regular supply of daily or weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration:
8. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment
1. Unless otherwise provided for in the agreement or additional terms and conditions, the amounts owed by the consumer should be paid within 14 days after the start of the reflection period, or, in the absence of a reflection 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 receives the 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%. Where advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
4. If the consumer does not timely meet his payment obligation(s), he owes, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the non-payment within this 14-day period, the legal interest over the amount due and the entrepreneur has the right to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000, with a minimum of € 40. The entrepreneur may deviate from said amounts and percentages for the benefit of the consumer.

Article 16 - Complaints procedure
1. The entrepreneur shall have a sufficiently publicised complaints procedure and shall handle 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 found the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice 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 (https://www.keurmerk.info/nl/consumenten/klacht/) The complaint will then be sent both to the Entrepreneur in question and to Stichting Webshop Keurmerk.
5. Webshop Keurmerk will not handle a dispute or discontinue its handling if the Entrepreneur has been granted suspension of payment, gone bankrupt or has actually terminated its business activities or the Webshop has been suspended or disqualified by Webshop Keurmerk.
6. A dispute will only be handled by Webshop Keurmerk if the Consumer has first submitted his complaint to the Entrepreneur within a reasonable time.
7. No later than twelve months after the dispute arose, the dispute must be submitted in writing to Webshop Keurmerk.
8. It is also possible to file complaints via the European ODR platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage)

Article 17 - Disputes
1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer resides abroad.
2. The Vienna Sales Convention shall not apply.

Article 18 - Additional or different 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 19 - Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk
1. When Stichting Webshop Keurmerk will make a change we will inform the Entrepreneur through the newsletter and post the latest terms and conditions on our website (https://www.keurmerk.info/nl/algemene-voorwaarden/)
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 favourable to the consumer shall prevail.

Address Stichting Webshop Keurmerk:
Willemsparkweg 193, 1071 HA Amsterdam