General terms and conditions

General Terms and Conditions

Webshop Trustmark - General Terms and Conditions
These General Terms and Conditions of Webshop Trustmark have been established in consultation with a Consumer Organization and enter into force on 1 June 2014.

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 related costs

Article 9 - Obligations of the entrepreneur in the event 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 - Sector guarantee

Article 19 - Additional or deviating provisions

Article 20 - Amendment of the Webshop Trustmark general terms and conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Additional agreement:an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement 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;
Cooling-off period:the period within which the consumer may exercise his right of withdrawal;
Consumer:the natural person who does not act for purposes relating to his trade, business, craft or profession;
Day:calendar day;
Digital content:data produced and supplied in digital form;
Duration agreement:an agreement aimed at the regular supply of goods, services and/or digital content during a specific period;
Durable data carrier:any tool – including email – 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 appropriate to the purpose for which the information is intended and that allows unchanged reproduction of the stored information;
Right of withdrawal:the possibility for the consumer to withdraw from the distance agreement within the cooling-off period;
Entrepreneur:the natural or legal person who is a member of Webshop Trustmark and offers products, (access to) digital content and/or services to consumers at a distance;
Distance agreement:an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or joint use is made of one or more techniques for distance communication;
Model withdrawal form:the European model withdrawal form included in Annex I of these terms and conditions;
Technique for distance communication:means that can be used to conclude an agreement without the consumer and the entrepreneur being simultaneously present in the same place;

Article 2 – Identity of the entrepreneur

Name of the entrepreneur: VitAdvice BV;

Registered office address: Olgerweg 2A-5, 9723 ED Groningen, Netherlands;

Visiting address: idem;

Telephone number: +31-(0)85-1300990

Opening hours: Mon – Fri, 09.00 – 16.00 hours;

E-mail address: [email protected];

Chamber of Commerce number: Groningen, Netherlands 02067329;

VAT identification number: NL8082.56.889B01;

If the activity of the entrepreneur is subject to a relevant authorization scheme:the details of the supervisory authority;

If the entrepreneur exercises a regulated profession:

the professional association or organization with which he is affiliated;
the professional title, the place in the EU or the European Economic Area where it has been granted;
a reference to the professional rules applicable in Belgium and indications of where and how these professional rules can be consulted.

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the distance agreement is concluded, in which manner the general terms and conditions can be consulted at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance agreement is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance agreement is concluded, 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 shall be indicated before the distance agreement is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge electronically or otherwise upon 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 shall apply accordingly and, in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to him.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this shall be expressly stated in the offer.
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 true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set therein.
If the consumer has accepted the offer by electronic means, the entrepreneur shall promptly confirm receipt of the acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures to that end.
The entrepreneur may, within the legal framework, inform himself whether the consumer can meet his payment obligations, as well as of all facts and factors that are relevant for responsibly entering into the distance agreement. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur shall, at the latest upon delivery of the product, service or digital content to the consumer, provide the following information, in writing or in such a manner that it can be stored by the consumer in an accessible way on a durable data carrier:
the visiting address of the entrepreneur’s establishment where the consumer can submit 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;
the 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 agreement;
the requirements for termination of 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.
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
The cooling-off period referred to in paragraph 1 commences 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:
if the consumer has ordered multiple products in the same order:the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided that he has clearly informed the consumer of this prior to the ordering process;
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, has received the last shipment or the last part;
in the case of agreements for the regular delivery of products during a specific period:the day on which the consumer, or a third party designated by him, has received the first product.

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

The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during a period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
The cooling-off period referred to in paragraph 3 commences 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 the right of withdrawal:

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 expires twelve months after the end of the original cooling-off period established in accordance with the previous paragraphs of this article.
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 cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer received that information.

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

During the cooling-off period, the consumer shall handle the product and the 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 guiding principle is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for any diminished value of the product resulting from handling of the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for diminished value of the product if the entrepreneur has not provided him, before or at the conclusion of the agreement, with all legally required information about the right of withdrawal.

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

If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.
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 the entrepreneur or to an authorized representative of the entrepreneur. This is not required if the entrepreneur has offered to collect the product himself. In any event, the consumer has observed the return period if he sends back the product before the cooling-off period has expired.
The consumer shall return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal rest with the consumer.
The consumer shall bear the direct costs of returning the product. If the entrepreneur has not indicated 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.
If the consumer withdraws after having expressly requested that the performance of the service or the supply of gas, water or electricity not prepared for sale in a limited volume or specific quantity commence during the cooling-off period, the consumer shall owe the entrepreneur an amount that is proportional to that part of the obligation that has been performed by the entrepreneur at the time of withdrawal, compared with the full performance of the obligation.
The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity not prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the compensation payable in the event of withdrawal or the model withdrawal form;or
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.
The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium, if:
he has not expressly consented, prior to the supply, to the commencement of the performance of the agreement before the end of the cooling-off period;
he has not acknowledged that he would lose his right of withdrawal by giving his consent;or
the entrepreneur has failed to confirm this declaration of the consumer.
If the consumer exercises his right of withdrawal, all supplementary agreements shall be dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in the event of withdrawal

If the entrepreneur enables the consumer to notify the withdrawal by electronic means, he shall, after receipt of such notification, promptly send an acknowledgment of receipt.
The entrepreneur shall reimburse all payments made by the consumer, excluding any delivery costs and payment costs charged by the entrepreneur for the returned product, without undue delay and in any event within 14 days following the day on which the consumer informed him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may withhold reimbursement until he has received the product or until the consumer has supplied evidence of having returned the product, whichever occurs first.
The entrepreneur shall use the same means of payment for the reimbursement as the consumer used for the initial transaction, unless the consumer agrees to a different method. The reimbursement shall be free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the least expensive standard delivery, the entrepreneur is not required 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 or, at least, in due time before the conclusion of the agreement:

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
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;
Service agreements, after full performance of the service, but only if:
the performance has begun with the consumer’s explicit prior consent;and
the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the agreement;
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance thereof;
Products manufactured according to the consumer’s specifications, which are not prefabricated and are produced on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Foodstuffs, products that deteriorate quickly or have a limited shelf life;
Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products which, after delivery, are by their nature irrevocably mixed with other products;
Alcoholic beverages whose price has been agreed upon at the conclusion of the agreement, 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;
Sealed audio or video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
The supply of digital content other than on a tangible medium, but only if:
the performance has begun with the consumer’s explicit prior consent;and
the consumer has declared that he thereby loses his right of withdrawal.

Article 11 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any prices stated are indicative prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are permitted only if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are permitted only if the entrepreneur has stipulated this and if:
they are the result of statutory regulations or provisions;or
the consumer has the right to terminate the agreement as from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.

Article 12 – Performance of the agreement and additional guarantee

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 fitness for purpose and the statutory provisions and/or government regulations in force on the date of conclusion of the agreement. Where agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to perform his part of the agreement.
An additional guarantee means any commitment by the entrepreneur, his supplier, importer or producer by which he grants the consumer certain rights or claims that go beyond what he is legally obliged to provide in the event that he has failed to perform his part of the agreement.

Article 13 – Delivery and performance

The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery shall be the address made known by the consumer to the entrepreneur.
With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due speed but no later than 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 shall be notified thereof no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur shall promptly refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Duration transactions : duration, termination and renewal

Termination :

The consumer may terminate at any time an agreement entered into for an indefinite period and providing for the regular supply of products (including electricity) or services, subject to compliance with the agreed termination rules and a notice period of no more than one month.
The consumer may terminate at any time, at the end of the fixed term, an agreement entered into for a fixed period and providing for the regular supply of products (including electricity) or services, subject to compliance with the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the preceding paragraphs :

o at any time and without being restricted to termination at a specific time or within a specific period ;

o at least in the same manner as that in which they were entered into by him ;

o always with the same notice period as that stipulated by the entrepreneur for himself.

Renewal :

An agreement entered into for a fixed period and providing for the regular supply of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

By way of derogation from the preceding paragraph, an agreement entered into for a fixed period and providing for the regular supply of daily newspapers, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, provided that the consumer may terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.
An agreement entered into for a fixed period and providing for the regular supply of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period shall be no more than three months if the agreement provides for the regular supply, but less than once per month, of daily newspapers, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular supply of daily newspapers, news and weekly newspapers and magazines for trial or introductory purposes (trial or introductory subscription) shall not be tacitly continued and shall automatically end after the expiry of the trial or introductory period.

Duration :

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

Unless otherwise stipulated in the agreement or in supplementary conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, if no cooling-off period applies, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of services, this period commences on the day after the consumer has received confirmation of the agreement.
In the sale of products to consumers, the consumer may never be obliged, under general terms and conditions, to make an advance payment of more than 50 %. Where advance payment has been agreed, the consumer may not assert any rights with regard to the execution of the relevant order or service(s) until the agreed advance payment has been made.
The consumer is obliged to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
If the consumer fails to meet his payment obligation(s) in a timely manner, he shall, after having been informed by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to still fulfil his payment obligations, and if payment is not made within this 14-day period, owe statutory interest on the outstanding amount, and the entrepreneur shall be entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of : 15 % on outstanding amounts up to € 2,500.00 ; 10 % on the subsequent € 2,500.00 and 5 % on the next € 5,000.00, with a minimum of € 40.00. The entrepreneur may deviate from the aforementioned amounts and percentages in favour of the consumer.

Article 16 – Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints regarding 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.
Complaints submitted to the entrepreneur shall be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
A complaint regarding a product, a service or the service of the entrepreneur may also be submitted via a complaints form on the consumer page of the Webshop Trustmark website (www.webshoptrustmark.com). The complaint will then be forwarded both to the relevant entrepreneur and to Webshop Trustmark.
If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after submission of the complaint, a dispute arises that is eligible for dispute resolution.

Article 17 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
Disputes between the consumer and the entrepreneur regarding the formation or performance of agreements relating to products and services to be supplied or supplied by this entrepreneur may, subject to the provisions set out below, be submitted to the court by either the consumer or the entrepreneur.

Article 18 – Supplementary or deviating provisions

Supplementary 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 manner that they can be stored by the consumer in an accessible way on a durable data carrier.

Article 19 – Amendment of the Webshop Trustmark general terms and conditions

Amendments to these terms and conditions shall only take effect after they have been published in an appropriate manner, with 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:

Weteringschans 108 C, 1017XS, Amsterdam, The Netherlands

Last amendment 1 July 2012