General terms and conditions

General Terms and Conditions of the Webshop Quality Mark Foundation

 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 Terms and Conditions will be used by all members of the Webshop Quality Mark Foundation, 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 arrangement 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 contract : a contract aimed at the regular delivery of goods, services and/or digital content over a specific period;
7. Durable medium : any instrument – ​​including email – that enables the consumer or the 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 purposes of the information 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 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 sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or partly use is made of one or more techniques for distance communication;
11. Model withdrawal form : the European model withdrawal form set out 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 trader having to meet in the same place at the same time;

Article 2 – Identity of the entrepreneur

LOD of Love

Business address: Heideweg 132, 3825ZM Amersfoort

Email address: info@lodoflove.com

Chamber of Commerce number; 58907025

VAT identification number; 867313870B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be consulted with the entrepreneur and that they will be provided to the consumer free of charge 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, before the distance contract is concluded, the consumer will be informed 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. In the event of conflicting conditions, the consumer can 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 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 must be a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The Agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all the facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or request with reasons or to impose special conditions on the execution.
5. The entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content:
   1. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
   2. 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;
   3. the information about warranties and existing after-sales service;
   4. 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;
   5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
   6. if the consumer has a right of withdrawal, the model form for
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

For products:

1. The consumer can cancel an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for cancellation, but cannot oblige him to state his reason(s).
2. The reflection period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
   1. If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. The entrepreneur may, provided that the consumer has been clearly informed of this prior to the ordering process, accept an order for multiple products with different delivery times.
   2. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last shipment or the last part;

1. supplementary agreements for regular delivery of products during a specific period: the day on which the consumer, or a third party designated by the consumer, has received the first product.

For services and digital content not supplied on a tangible medium:

3. The consumer can cancel a service agreement and a contract for the supply of digital content not delivered on a tangible medium within a period of at least 14 days without giving any reason. The trader may ask the consumer for the reason for cancellation, but may not require the consumer to state his or her reason(s).
4. The reflection period referred to in paragraph 3 commences on the day following the closing date

Extended reflection period for products, services and digital content not delivered on a tangible medium if no information is provided about the right of withdrawal:

5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.

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

1. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to in a shop.
2. The consumer is only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph
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 time of concluding the agreement.

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

1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product itself. 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 returns 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 bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs of return.
6. If the consumer revokes after having first expressly requested that the performance of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or certain quantity commences during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that the entrepreneur has fulfilled at the time of revocation, compared with the full fulfilment of the obligation.
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity that are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
   1. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in the event of withdrawal or the model withdrawal form, or;

1. the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period

8. The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium if:
   1. he has not expressly agreed, prior to delivery, to the commencement of performance of the agreement before the end of the cooling-off period;
   2. he has not acknowledged that he loses his right of withdrawal by giving his consent; or
   3. the entrepreneur has failed to receive this statement from the consumer
9. If the consumer exercises his right of withdrawal, all additional agreements are automatically terminated.

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 confirmation after receiving this notification.
2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notified him of the withdrawal. Unless the entrepreneur offers to collect 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 the earliest.
3. The entrepreneur will use the same payment method the consumer used for the refund, unless the consumer agrees to a different method. The refund 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

The entrepreneur may 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 on 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 defined as a sales method in which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obligated to purchase the products, digital content, and/or services;
3. Service agreements, after full performance of the service, but only if:
   1. the performance has begun with the consumer's express prior consent; and
   2. the consumer has stated that he will lose his right of withdrawal once the entrepreneur has fully performed the agreement;
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 for reasons of health protection or hygiene and were broken after delivery;
9. Products which after delivery are irreversibly mixed with other products by their nature;
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 market fluctuations 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, except for subscriptions to them;
13. The supply of digital content other than on a tangible medium, but only if:
    1. the performance has begun with the consumer's express prior consent; and
    2. the consumer has declared that he hereby exercises 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 will not be increased, except for price changes due to changes in VAT rates.
2. By way of exception to the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no influence. This subjection to fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
   1. these are the result of statutory regulations or provisions; or
   2. the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect
5. The prices stated in the offer of products or services include

Article 12 – Compliance with the agreement and additional warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal
2. An additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil its part of the agreement.
3. An additional guarantee is understood to mean any obligation of the entrepreneur, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the

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 provided 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 a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without charge and is entitled to any compensation.
4. After termination in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly stated otherwise.

Article 14 – Duration transactions: duration, termination and extension

Cancellation:

1. The consumer can at any time terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services.

cancel in accordance with agreed cancellation rules and a notice period of no more than one month.

2. The consumer can cancel an agreement that has been 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 cancellation rules and a notice period of no more than one month.
3. The consumer may, in 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 them 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 fixed period and which provides for 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 which provides for 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 once a month, delivery of daily newspapers, news and weekly newspapers and magazines.
7. A contract with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for trial purposes (trial or introductory subscription) is not automatically continued and ends automatically after the trial or introductory period.

Duration:

8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

1. Unless otherwise specified in the agreement or additional conditions, 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 general terms and conditions may never obligate the consumer to pay more than 50% in advance. If an advance payment is agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until 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 fails to meet their payment obligation(s) on time, after the entrepreneur has notified the consumer of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet their payment obligations, if payment is not made within this 14-day period, the consumer will owe statutory interest on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. 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 may deviate from the aforementioned amounts to the consumer's advantage and

Article 16 – Complaints procedure

1. The entrepreneur has a sufficiently well-known complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints regarding the performance of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 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 the Stichting Webshop Keurmerk ( http://keurmerk.info/Home/MisbruikOfKlacht ) The complaint will then be sent to both the entrepreneur in question and to the Stichting Webshop Keurmerk
5. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after submitting the complaint, 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 to the Disputes Committee in writing no later than twelve months after the dispute 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 from the entrepreneur whether they also wish to do so or whether they wish the dispute to be handled by the competent court. If the entrepreneur does not hear the consumer's choice within the five-week period, 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 of the dispute if the entrepreneur has been granted a moratorium, has become bankrupt or has actually ceased his business activities before a dispute has been dealt with by the committee at the hearing and a final decision has been made.
8. If, in addition to the Webshop Disputes Committee, another disputes committee that is recognised or affiliated to the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, for disputes relating mainly to the method of distance selling or service provision, the Disputes Committee Stichting Webshop Keurmerk will preferably have jurisdiction. For all other disputes, the other recognised disputes committee affiliated to the SGC or Kifid will be preferred.

Article 18 – Industry Guarantee

1. The Webshop Trustmark Foundation guarantees compliance with the binding recommendations of the Webshop Trustmark Disputes Committee by its members, unless the member decides to submit the binding recommendation to a court for review within two months of its issuance. This guarantee revives if the binding recommendation is upheld after review by the court and the judgment confirming this has become final and binding. The Webshop Trustmark Foundation will pay out up to a maximum of €10,000 per binding recommendation. For amounts exceeding €10,000 per binding recommendation, the Foundation will pay out €10,000. For any excess amount, the Webshop Trustmark Foundation has a best-efforts obligation to ensure that the member complies with the binding recommendation.
2. To apply for this guarantee, the consumer must submit a written request to the Webshop Quality Mark Foundation and transfer his claim against the entrepreneur to the Foundation.

Webshop Quality Mark. If the claim against the entrepreneur exceeds €10,000, the consumer is offered the option of transferring their claim, in excess of €10,000, to the Webshop Quality Mark Foundation. This organization will then pursue payment of the claim in its own name and at its own expense in court 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 terms and conditions without consulting with the Consumers' Association.
2. Changes to these terms and conditions will only become effective after they have been published in an appropriate manner, with the understanding that in the event of applicable changes during the term of an offer, the most favourable provision for the consumer will apply.

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

Annex I: Model withdrawal form

 

 

Model withdrawal form

 

(only complete and return this form if you wish to cancel the agreement)

 

• To: [ entrepreneur's name]

 

[geographic address of the entrepreneur]

 

[entrepreneur's fax number, if available]

 

[email address or electronic address of entrepreneur]

 

 

• I/We* hereby inform you that I/we* terminate our agreement concerning the sale of the following products: [product designation]*

the supply of the following digital content: [designation of digital content]* the performance of the following service: [designation of service]*, revokes/withdraws*

• Ordered on*/received on* [date of ordering services or receiving by-products]

• [Consumer Name(s)]

• [Consumer's address]

• [Consumer(s) Signature] (only when this form is submitted on paper)

* Cross out what does not apply or fill in what applies