General terms and conditions of SolvaCare B.V., with its registered office in Lisse, the Netherlands.
These general terms and conditions (adopted from the Nederlandse Thuiswinkel Organisatie (‘Dutch Home Shopping Organisation’)) have been drawn up in consultation with the Consumentenbond (‘Consumer Association’) within the framework of the Coördinatiegroep Zelfreguleringsoverleg (‘Self-Regulation Consultation Coordination Group’) (CZ) of the Sociaal-Economische Raad (‘Social and Economic Council’) and will come into effect on 1 January 2011.
These general terms and conditions are used by all members of the Nederlandse Thuiswinkel Organisatie with the exception of financial services as referred to in the Financial Supervision Act (‘Wet Financieel Toezicht’) and insofar as these services are supervised by the Dutch Authority for the Financial Markets (‘Autoriteit Financiële Markten’).
Table of contents:
- Artikel 1 – Definities
- Artikel 2 – Identiteit van de ondernemer
- Artikel 3 – Toepasselijkheid
- Artikel 4 – Het aanbod
- Artikel 5 – De overeenkomst
- Artikel 6 – Herroepingsrecht
- Artikel 7 – Kosten in geval van herroeping
- Artikel 8 – Uitsluiting herroepingsrecht
- Artikel 9 – De prijs
- Artikel 10 – Conformiteit en garantie
- Artikel 11 – Levering en uitvoering
- Artikel 12 – Duurtransacties
- Artikel 13 – Betaling
- Artikel 14 – Klachtenregeling
- Artikel 15 – Geschillen
- Artikel 16 – Branchegarantie
- Artikel 17 – Aanvullende of afwijkende bepalingen
- Artikel 18 – Wijziging van de algemene voorwaarden Thuiswinkel
Artikel 1 – Definities
For the purposes of these terms and conditions, the following definitions shall apply:
– Cooling-off period: the period within which the consumer can exercise his/her right of withdrawal;
– Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
– Day: calendar day;
– Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
– Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him/her personally in a way that allows future consultation and unaltered reproduction of the stored information.
– Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
– Entrepreneur: the natural or legal person who is a member of the Nederlandse Thuiswinkel Organisatie and offers products and/or services at a distance to consumers;
– Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
– Means of distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being in the same room at the same time;
Article 2 – Identity of the entrepreneur
Trading under the name/names: SolvaCare
2182 DZ Hillegom
Email address: firstname.lastname@example.org
Chamber of commerce number: 53171594
VAT identification number: NL850778402 B01
Article 3 – Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
- 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, before the distance contract is concluded, the entrepreneur will indicate that the general terms and conditions can be viewed at the office of the entrepreneur and that they will be sent to the consumer as soon as possible, free of charge, at the consumer’s request.
- If the distance contract is concluded electronically, then, contrary to 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 it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the entrepreneur will indicate where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
- In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him/her in the event of conflicting general terms and conditions.
Article 4 – The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any delivery costs;
- the manner in which the contract will be concluded and what actions will be necessary for that purpose;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or performance of the contract;
- the period for accepting the offer, or the period for honouring the price;
- the amount of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
- whether the contract will be archived after its conclusion, and if so, how it can be accessed by the consumer;
- the way in which the consumer, prior to the conclusion of the contract, can check the data provided by him/her within the framework of the contract and, if desired, rectify it;
- any languages in which, in addition to Dutch, the contract may be concluded;
- the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a continuing performance contract.
Article 5 – The contract
- The contract is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the associated conditions.
- As long as the receipt of this acceptance has not been confirmed, the consumer may dissolve the contract.
- If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the contract, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the performance.
- The entrepreneur will send the consumer the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
- the visiting address of the establishment of the entrepreneur where the consumer can go to with any complaints;
- the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
- information on existing after-sales service and warranties;
- the data included in article 4 paragraph 3 of these general terms and conditions, unless the entrepreneur has already provided the consumer with these data prior to the performance of the contract;
- the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
- In the case of a continuing performance contract, the provision of the previous paragraph shall only apply to the first delivery.
Article 6 – Right of withdrawal upon delivery of products
- When purchasing products, the consumer has the option of dissolving the contract without giving reasons for a period of 14 days. This period commences on the day after receipt of the product by the consumer or a representative designated by the consumer and made known to the entrepreneur in advance.
- During this period, the consumer shall handle the product and packaging with care. He/she shall only unpack or use the product to the extent necessary to assess whether he/she wishes to keep the product. If he/she exercises his/her right of withdrawal, he/she will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 – Costs in case of right of withdrawal
- If the consumer makes use of his right of withdrawal, at most the costs of returning the goods shall be borne by the consumer.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Article 8 – Exclusion of right of withdrawal
- If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the contract.
- Exclusion of the right of withdrawal is only possible for products:
- produced by the entrepreneur in accordance with the consumer’s specifications;
- which are clearly personal in nature;
- which, by their nature, cannot be returned;
- which can quickly spoil or age;
- the price of which is linked to fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
- the delivery of which has commenced with the express consent of the consumer before the expiration of the cooling-off period;
- concerning betting and lotteries.
Article 9 – The price
- During the period of validity 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.
- Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the right to terminate the contract on the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services are inclusive of VAT.
Article 10 – Conformity and guarantee
- The entrepreneur guarantees that the products and/or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the entrepreneur under the contract.
Article 11 – Delivery and implementation
- The entrepreneur will observe the greatest possible care in receiving and carrying out orders for products and in assessing applications for the provision of services.
- The place of delivery shall be the address that the consumer has provided to the company.
- With due observance of what is stated in article 4 of these general terms and conditions, the company shall carry out accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer shall be informed thereof no later than one month after the order was placed. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.
- In case of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
- If delivery of an ordered product turns out to be impossible, the entrepreneur shall make every effort to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. In the case of replacement articles, the right of withdrawal cannot be excluded. The costs of return shipment are at the expense of the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously appointed and announced representative, unless expressly agreed otherwise.
Article 12 – Continuing performance contracts: duration, termination and renewal Termination:
- The consumer may terminate a contract for an indefinite period of time and which extends to the regular delivery of products (including electricity) or services, at any time subject to the agreed termination rules and a notice of up to one month.
- The consumer may terminate a contract entered into for a definite period of time and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period of time, subject to the agreed termination rules and a notice of up to one month.
- As for the contracts referred to in the previous paragraphs the consumer may:
- terminate them at any time and not be limited to termination at a specific time or in a specific period of time;
- at least terminate them in the same way as they were entered into;
- always terminate them with the same notice as the entrepreneur has stipulated for himself.
- A contract entered into for a definite period of time for the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a definite period of time.
- Contrary to the previous paragraph, a contract entered into for a definite period of time for the regular delivery of daily and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer at the end of the extension may terminate the contract with a notice of up to one month.
- A contract entered into for a definite period of time for the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer may at any time terminate with a notice of up to one month and a notice of up to three months if the contract is intended to regularly, but less than once a month, deliver daily and weekly newspapers and magazines.
- A contract for a limited period of time for the regular supply of daily and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically at the end of the trial or introductory period.
- If a contract has a duration of more than one year, the consumer may terminate the contract after one year at any time with a notice of up to one month, unless the reasonableness and fairness opposes termination before the end of the agreed term.
Article 13 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period shall commence after the consumer has received confirmation of the contract.
- When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. If advance payment has been stipulated, the consumer may not assert any rights regarding the fulfilment of the order or service(s) in question before the stipulated advance payment has been made.
- The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
- In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.
Article 14 – Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the contract must be submitted within a reasonable time, fully and clearly described to the entrepreneur, after the consumer has discovered the defects.
- If a complaint requires a foreseeable longer processing time, the entrepreneur shall respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.
Article 15 – Disputes
- Contracts between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.
- Disputes between a consumer and an entrepreneur concerning the conclusion or fulfilment of contracts relating to products and services to be supplied or already supplied by this entrepreneur can be brought before the Geschillencommissie Thuiswinkel (‘Home Shopping Disputes Committee’), P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl), by either the consumer or the entrepreneur, with due observance of the provisions set out below.
- A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his/her complaint to the entrepreneur within a reasonable period of time.
- No later than three months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
- If the entrepreneur is not informed of the consumer’s choice within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
- The decisions of the Disputes Committee shall be made by means of a binding advice.
- The Disputes Committee will not deal with a dispute or discontinue the proceedings if the entrepreneur has been granted a suspension of payments, has gone bankrupt or has actually terminated its business activities before a dispute has been dealt with by the committee at the hearing and a final decision has been given.
- For all other disputes, please contact the other recognized arbitration committees affiliated with SGC or Kifid.
Article 17 – Additional or deviating provisions
- Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer’s detriment 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.