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INFORMATION

DISCLAIMER

1. The following applies to the website www.mailfemale.com. By using the webpages, you agree to this disclaimer.

2. No rights can be derived from this information. We reserve the right to make changes and typographical errors. We strive to ensure the information on this website is as complete and accurate as possible. Mail & Female accepts no liability for any damage whatsoever arising from the use, incompleteness, or inaccuracy of the information provided on this website.

3. Mail & Female is not responsible for the content of files linked to this online store and/or websites linked to it. The information and recommendations on this website are subject to change without prior notice.

4. The copyright of this website belongs to Mail & Female. Reproduction in any form is permitted only with prior permission from Mail & Female. No part of this site may be reproduced and/or published without express prior written permission.

ABOUT OUR PRIVACY POLICY

Mail & Female cares deeply about your privacy. Therefore, we only process data we need for (improving) our services and handle the information we collect about you and your use of our services with care. We never share your data with third parties for commercial purposes.

This privacy policy applies to the use of the website and the services provided by Mail & Female. The effective date for these terms and conditions is May 21, 2018; the publication of a new version renders all previous versions invalid. This privacy policy describes what information we collect about you, what this information is used for, and with whom and under what conditions this information may be shared with third parties. We also explain how we store your data, how we protect it from misuse, and what rights you have regarding the personal data you provide to us.

If you have any questions about our privacy policy, please contact our privacy officer, whose contact details are at the end of our privacy policy.

ABOUT DATA PROCESSING

Below you can read how we process your data, where we store it, what security techniques we use and who has access to the data.

WEBSHOP SOFTWARE

We use online store software. Personal data you provide to us for the purposes of our services is shared with our website developers. Our security measures include SSL encryption, a strong password policy, and secure data storage.

STUDIO RAO

We have chosen Studio Rao for our web hosting. Personal data you provide to us for the purposes of our services will be shared with this party. Studio Rao has access to your data to provide us with (technical) support; they will never use your data for any other purpose.

Studio Rao is obligated to implement appropriate security measures under our agreement with them. These security measures include SSL encryption and a strong password policy. Regular backups are performed to prevent data loss.

E-MAIL AND MAILING LISTS

Our website uses Shopify and Sendcloud emails, order lists, and mailing lists. All confirmation emails you receive from our website and web forms are sent from Shopify and Sendcloud. Shopify and Sendcloud will never use your name and email address for their own purposes. Your personal data is stored securely by Shopify and Sendcloud.

JILT

Our website uses Jilt, a third party that handles the sending of our newsletters. Jilt will never use your name and email address for its own purposes. At the bottom of each newsletter, you'll find an unsubscribe link. If you click this, you will no longer receive a newsletter. Your personal data is stored securely by Jilt. Jilt uses cookies and other internet technologies that track whether emails are opened and read.

OFFICE365

We use Office365 for our regular business email communications. This provider has implemented appropriate technical and organizational measures to prevent misuse, loss, and corruption of your and our data as much as possible. Office365 does not have access to our mailbox, and we treat all our email communications confidentially.

PAYMENT PROCESSORS

MULTISAFEPAY

We use the MultiSafepay platform to process (part of) the payments in our online store. MultiSafepay processes your name, address, and city of residence, as well as your payment information, such as your bank account or credit card number. MultiSafepay has implemented appropriate technical and organizational measures to protect your personal data. MultiSafepay reserves the right to use your data to further improve its services and, in that context, to share (anonymized) data with third parties. All the aforementioned safeguards regarding the protection of your personal data also apply to the parts of MultiSafepay's services for which they engage third parties. MultiSafepay will not retain your data for longer than is permitted by law.

REVIEWS

FEEDBACK COMPANY & JUDGE ME

We collect reviews through the Feedback Company platform and the Judge Me app. If you leave a review through Feedback Company, you are required to provide your name, city, and email address. Feedback Company shares this information with us so we can link the review to your order. Feedback Company also publishes your name and city on its own website. In some cases, Feedback Company may contact you to provide an explanation of your review. If we invite you to leave a review, we share your name, email address, and information regarding your order with Feedback Company. They use this information solely for the purpose of inviting you to leave a review. Feedback Company has taken appropriate technical and organizational measures to protect your personal data. Feedback Company reserves the right to engage third parties for the provision of its services, for which we have given Feedback Company permission. All the aforementioned guarantees regarding the protection of your personal data also apply to the parts of the service for which Feedback Company engages third parties.


SHIPPING & LOGISTICS

POSTNL

When you place an order with us, it's our responsibility to have your package delivered to you. We use PostNL's services to carry out deliveries. For this purpose, we must share your name, address, and city of residence with PostNL. PostNL uses this information solely for the purpose of fulfilling the agreement. If PostNL uses subcontractors, PostNL will also share your information with these parties.

STORE AUTOMATION, INVOICING AND ACCOUNTING

For store automation, we use the services of a Point of Sale. We share your name, address, and city of residence, as well as details regarding your order. This information is used to process orders from the store and online store.

GENERAL PURPOSE OF DATA PROCESSING

We use your data solely for the purposes of providing our services. This means that the purpose of processing is always directly related to the order you place. We do not use your data for (targeted) marketing. If you share data with us and we use this data to contact you at a later date—other than at your request—we will ask for your explicit consent. Your data will not be shared with third parties, except to comply with accounting and other administrative obligations. These third parties are all bound by confidentiality based on the agreement between them and us, an oath, or a legal obligation.

AUTOMATICALLY COLLECTED DATA

Data automatically collected by our website is processed to further improve our services. This data (e.g., your IP address, web browser, and operating system) is not personal data.

COOPERATION WITH TAX AND CRIMINAL INVESTIGATIONS

In certain cases, Mailfemale may be legally obligated to share your data in connection with government tax or criminal investigations. In such a case, we are forced to share your data, but we will object to this within the limits of the law.

RETENTION PERIODS

We retain your data for as long as you are a client of ours. This means we keep your customer profile until you indicate that you no longer wish to use our services. If you inform us of this, we will also consider it as a request to be forgotten. Due to applicable administrative obligations, we are required to retain invoices containing your (personal) data, so we will retain this data for the duration of the applicable term.

YOUR RIGHTS

Under applicable Dutch and European law, you, as a data subject, have certain rights regarding the personal data processed by or on behalf of us. Below, we explain these rights and how you can exercise them.

In principle, to prevent misuse, we only send copies of your data to the email address we already have on file. If you wish to receive the data at a different email address or, for example, by mail, we will ask you to identify yourself. We maintain a record of processed requests; in the case of a request to be forgotten, we record anonymized data. You will receive all copies of data in the machine-readable format we use within our systems.

You have the right to lodge a complaint with the Dutch Data Protection Authority at any time if you suspect that we are using your personal data incorrectly.

RIGHT OF INSPECTION

You always have the right to access the data we process (or have processed) that relates to you personally or can be traced back to you. You can submit a request to this effect to our privacy contact person. You will then receive a response to your request within 30 days. If your request is granted, we will send you a copy of all data to the email address we have on file for you, along with an overview of the processors who hold this data, and the category under which we store this data.

RECTIFICATION RIGHT

You always have the right to have the data we process (or have processed) that relates to you personally or can be traced back to you, corrected. You can submit a request to this effect to our privacy contact person. You will receive a response to your request within 30 days. If your request is granted, we will send you confirmation that the data has been corrected to the email address we have on file for you.

RIGHT TO RESTRICTION OF PROCESSING

You always have the right to restrict the data we process (or have processed) that relates to you personally or can be traced back to you. You can submit a request to this effect to our privacy contact person. You will then receive a response to your request within 30 days. If your request is granted, we will send you a confirmation to the email address we have on file that the data will no longer be processed until you lift the restriction.

RIGHT TO PORTABILITY

You always have the right to have the data we process (or have processed) that relates to you personally or is identifiable to you, processed by another party. You can submit a request to this effect to our privacy contact person. You will then receive a response to your request within 30 days. If your request is granted, we will send you copies of all data about you that we have processed or that has been processed on our behalf by other processors or third parties, to the email address we have on file for you. In all likelihood, we will no longer be able to continue providing services in such a case, as the secure linking of data files can no longer be guaranteed.

RIGHT TO OBJECT AND OTHER RIGHTS

You have the right to object to the processing of your personal data by or on behalf of Mailfemale in certain circumstances. If you object, we will immediately cease processing your data pending the resolution of your objection. If your objection is justified, we will provide you with copies of the data we process (or have processed) and then permanently cease processing.

You also have the right not to be subject to automated individual decision-making or profiling. We do not process your data in such a way that this right applies. If you believe this is the case, please contact our privacy officer.

Cookies

GOOGLE ANALYTICS

Our website places cookies from the American company Google as part of its "Analytics" service. We use this service to track and generate reports on how visitors use the website. This processor may be required by applicable laws and regulations to provide access to this data. We collect information about your browsing behavior and share this data with Google. Google can interpret this information in conjunction with other datasets and thus track your movements online. Google uses this information to provide targeted advertising (AdWords) and other Google services and products. Within the package, we have configured all data to be deleted after 26 months.

THIRD-PARTY COOKIES

In the event that third-party software solutions use cookies, this is stated in this privacy statement.

CHANGES TO THE PRIVACY POLICY

We reserve the right to amend our privacy policy at any time. However, you will always find the most recent version on this page. If the new privacy policy affects how we process data already collected about you, we will notify you by email.

QUESTIONS ABOUT YOUR PRIVACY? JUST LET US KNOW.

• Nieuwe Vijzelstraat 2, Amsterdam, Netherlands.
• T (020) 623-3916
• E contact@mailfemale.com
• Contact person for privacy matters: Hanni Jagtman.

GENERAL TERMS AND CONDITIONS

You can also print this document by pressing Ctrl P. These General Terms and Conditions of the Webshop Trustmark Foundation were developed in consultation with the Consumers' Association within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and will enter into force on 1 June 2014. These General Terms and Conditions will be used by all members of the Webshop Trustmark 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

Here you will find a further description of the various terms used in these terms and conditions:
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;
Reflection period: the period within which the consumer can make use of the right of withdrawal; Consumer: the natural person who is not acting 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 delivery of goods, services and/or digital content over a specific period;
Durable medium: any instrument – ​​including email – that enables the consumer or entrepreneur to store information addressed personally in a way accessible for future consultation or use for a period of time adequate to the purposes for which the information is intended and which allows for the unchanged reproduction of the stored information;
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
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;
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;
Model withdrawal form: the European model withdrawal form included in the Appendix to these terms and conditions;
Distance communication technology: means that can be used to conclude an agreement, without the consumer and the trader having to be in the same place at the same time;

Article 2 – Identity of the entrepreneur

Name of entrepreneur: Hanni Jagtman

Trade name: Mail & Female

Business and visiting address: Nieuwe Vijzelsstraat 2 1017 HT Amsterdam

Phone: 020-6233916

Email: contact@mailfemale.com

Chamber of Commerce number: 33202.504


Opening hours:

Monday 11am-7pm

Tuesday 11am-7pm

Wednesday 11am-7pm

Thursday 11am-7pm

Friday 11am-7pm

Saturday 11am-7pm

Sunday shop closed


Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be consulted 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 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 and, in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favourable to the consumer.

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or 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 implement appropriate security measures.
  4. The entrepreneur may, within legal frameworks, investigate whether the consumer can meet the payment obligations, as well as all the facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons or to impose special conditions on its 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:
    • the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
    • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    • the information about warranties and existing after-sales service;
    • the price inclusive of all taxes of the product, service or digital content;
    • where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
    • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
    • if the consumer has a right of withdrawal, the model withdrawal form.

6. In the case of a 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 a contract regarding the purchase of a product within a cooling-off period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for cancellation, but is not obligated to state their 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:
    • 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 refuse an order for multiple products with different delivery times, provided the consumer is clearly informed of this prior to the ordering process.
    • 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.
    • for contracts for regular delivery of products over 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:

  1. The consumer can cancel a service agreement or a contract for the supply of digital content not delivered on a tangible medium within 14 days without giving any reason. The trader may ask the consumer for the reason for cancellation, but may not oblige them to state their reason(s).
  2. The reflection 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 delivered on a tangible medium if no information is provided about the right of withdrawal:

  1. 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.
  2. 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. The consumer 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 one would be allowed to do in a shop.
  2. The consumer is only liable for any diminished value of the product resulting from the handling of the product in a way that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for any diminished value of the product if the trader has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

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

  1. If the consumer exercises his right of withdrawal, he shall 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 must 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 complied with the return period if the product is returned 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 business has not indicated that the consumer must bear these costs, or if the business indicates that they will bear the costs themselves, the consumer does not have to bear the return costs.
  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 specific quantity commence 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 already 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, which 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;
      2. 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.
      3. 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 agreed, prior to delivery, to the commencement of performance of the agreement before the end of the cooling-off period;
        • he has not acknowledged that he loses his right of withdrawal by giving his consent; or
        • the entrepreneur has failed to confirm this statement from the consumer.
        • If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in case of withdrawal

  1. If the entrepreneur makes it possible for the consumer to notify the withdrawal electronically, he will immediately send an acknowledgement of receipt after receiving this notification.
  2. The entrepreneur will 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 of the day on which the consumer notified the entrepreneur of the withdrawal. Unless the entrepreneur offers to collect the product itself, it may withhold reimbursement until it has received the product or until the consumer proves that the product has been returned, whichever is earlier.
  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 delivery method than the cheapest standard delivery, the entrepreneur is not obliged 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 is given the opportunity to be personally present at the auction, under the supervision 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;
      3. 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;
      4. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance thereof;
      5. 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;
      6. Products that spoil quickly or have a limited shelf life;
      7. Sealed products which are not suitable for return for reasons of health protection or hygiene and were unsealed after delivery;
      8. Products which after delivery are irreversibly mixed with other products by their nature;
      9. Alcoholic beverages, the price of which has been agreed upon at the time the contract is concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
      10. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
      11. Newspapers, periodicals or magazines, except for subscriptions to these;
      12. The supply of digital content other than on a tangible medium, but only if:
        • the performance has begun with the consumer's express prior consent; and
        • the consumer has stated 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 will 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 with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be 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 provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    • these are the result of statutory regulations or provisions; or
    • the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
    • The prices stated in the offer of products or services include VAT.

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 use.
  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 extended warranty 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 agreement.

Article 13 – Delivery and execution

  1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has provided to the entrepreneur.
  3. Subject to the provisions of Article 4 of these terms and conditions, the entrepreneur will fulfill accepted orders expeditiously, but no later than 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of 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 agreed otherwise.

Article 14 – Duration transactions: duration, termination and extension

Cancellation:

  1. The consumer may at any time terminate an agreement concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of no more than one month.
  2. The consumer may terminate an agreement concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.
  3. The consumer may, 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 in the same manner as they were entered into by the entrepreneur;
    • always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension:

  1. 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 fixed period.
  2. By way of exception to the previous paragraph, an agreement concluded for a fixed period and aimed at the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can cancel this extended agreement at the end of the extension period with a notice period of up to one month.
  3. A fixed-term agreement for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement concerns the regular, but less than monthly, delivery of daily newspapers, weekly newspapers, and magazines.
  4. A limited-term agreement for the regular delivery of daily newspapers, news and weekly newspapers and magazines for trial purposes (trial or introductory subscription) will not be automatically renewed and will end automatically after the trial or introductory period.

Duration:

  1. 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 stated in the agreement or additional terms, 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 receives 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 report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
  4. If the consumer fails to meet their payment obligation(s) on time, after the entrepreneur has notified them of the late payment and 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 and percentages to the consumer's advantage.

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 about 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 response.
  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 . 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 ( www.sgc.nl ).
  3. The Disputes Committee will only consider a dispute if the consumer has first submitted the complaint to the entrepreneur within a reasonable time.
  4. The dispute must be submitted to the Disputes Committee in writing no later than three months after it has arisen.
  5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer must state in writing within five weeks of a written request from the entrepreneur whether they also wish to submit the dispute to the competent court or not. If the entrepreneur does not receive 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 issues its ruling under the conditions set out in the Disputes Committee regulations. The Disputes Committee's decisions are binding.
  7. The Disputes Committee will not handle a dispute or will discontinue handling it if the entrepreneur has been granted a moratorium, has become bankrupt, or has actually ceased its business activities before a dispute has been dealt with by the Committee at the hearing and a final decision has been rendered.
  8. If, in addition to the Webshop Disputes Committee, another dispute committee recognized by or affiliated with the Foundation for Consumer Dispute Committees (SGC) or the Financial Services Complaints Institute (Kifid) has jurisdiction, the Disputes Committee Foundation Webshop Keurmerk will have preference for disputes primarily concerning the method of distance selling or service provision. For all other disputes, the other recognized dispute committee affiliated with the SGC or Kifid will have jurisdiction.

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 is revived 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, €10,000 will be paid out. 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 Trustmark Foundation and transfer their claim against the entrepreneur to the Foundation. If the claim against the entrepreneur exceeds €10,000, the consumer will be offered the option of transferring the claim, in excess of €10,000, to the Webshop Trustmark Foundation, after which this organization will, in its own name and at its own expense, pursue payment 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 provision most favourable to the consumer will prevail.

Address of the Webshop Quality Mark Foundation: Willemsparkweg 193, 1071 HA Amsterdam.

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