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Information

INFORMATION

DISCLAIMER

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

2. No rights can be derived from the information. Modifications and typographical errors reserved. We make every effort to ensure that the information on this web page is as complete and accurate as possible. Mail & Female does not accept any responsibility for damage in any way caused by the use, incompleteness or inaccuracy of the information provided on this website.

3. Mail & Female is not responsible for the content of the files linked to this webshop and/or websites to which reference is made. The information and recommendations on this website are subject to change without notice.

4. The copyright on this website rests with Mail & Female. Reproduction in any form is only permitted with prior permission from Mail & Female. Nothing on this site may be reproduced and/or made public without express prior written permission.

ABOUT OUR PRIVACY POLICY

Mail & Female cares about your privacy. We therefore only process data that we need for (improving) our services and carefully handle the information we have collected about you and your use of our services. We never make your data available to third parties for commercial purposes.

This privacy policy applies to the use of the website and the services provided by Mail & Female. The starting date for the validity of these conditions is 21/05/2018, with the publication of a new version the validity of all previous versions expires. This privacy policy describes what information about you is collected by us, what this information is used for and with whom and under what conditions this information may be shared with third parties. We also explain to you how we store your data and how we protect your data against misuse and what rights you have with regard to the personal data you provide to us.

If you have any questions about our privacy policy, please contact our privacy contact person, you will find the contact details at the end of our privacy policy.

ABOUT DATA PROCESSING

Below you can read how we process your data, where we store it (or have it stored), which security techniques we use and for whom the data is transparent.

WEB STORE SOFTWARE

We use web store software. Personal data that you make available to us for the benefit of our services will be shared with our web builders. The security measures consist of the application of SSL encryption, a strong password policy and secure data storage.

STUDIO RAO

We have chosen Studio Rao for our web hosting. Personal data that you make available to us for the benefit 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.

Based on the agreement we have concluded with them, Studio Rao is obliged to take appropriate security measures. These security measures consist of the application of SSL encryption and a strong password policy. Regular backups are made to prevent data loss.

EMAIL AND MAILING LISTS

Our website uses Shopify and Sendcloud emails, order 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 e-mail address for its own purposes. At the bottom of every newsletter you will see the 'unsubscribe' link. If you click on this you will no longer receive a newsletter. Your personal data is stored securely by Jilt. Jilt uses cookies and other internet technologies that provide insight into whether e-mails are opened and read.

OFFICE365

We use the services of Office365 for our regular business e-mail traffic. This party has taken appropriate technical and organizational measures to prevent misuse, loss and corruption of your and our data as much as possible. Office365 has no access to our mailbox and we treat all our e-mail traffic confidentially.

PAYMENT PROCESSORS

MULTISAFEPAY

We use the MultiSafepay platform to handle (part of) the payments in our webshop. MultiSafepay processes your name, address and residence details and your payment details such as your bank account or credit card number. MultiSafepay has taken appropriate technical and organizational measures to protect your personal data. MultiSafepay reserves the right to use your data to further improve the service and to share (anonymised) data with third parties in this context. All the guarantees mentioned above with regard to the protection of your personal data also apply to the parts of MultiSafepay's services for which they engage third parties. MultiSafepay does not store your data longer than 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 via Feedback Company, you are obliged to provide your name, place of residence and e-mail address. Feedback Company shares this information with us so that we can link the review to your order. Feedback Company also publishes your name and place of residence on its own website. In some cases, Feedback Company may contact you to clarify your review. In the event that we invite you to leave a review, we will share your name and email address and information regarding your order with Feedback Company. They only use this information 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 services, for which we have given Feedback Company permission. All the guarantees mentioned above with regard to the protection of your personal data also apply to the parts of the service for which Feedback Company engages third parties.


SHIPPING & LOGISTICS

POSTNL

If you place an order with us, it is our job to have your package delivered to you. We use the services of PostNL to carry out the deliveries. It is therefore necessary that we share your name, address and residence details with PostNL. PostNL uses this information only for the purpose of executing the agreement. In the event that PostNL engages subcontractors, PostNL will also make your data available to these parties.

STORE AUTOMATION, BILLING AND ACCOUNTING

We use the services of a Point of Sale for shop automation. We share your name, address and residence details and details regarding your order. This data is used to process orders from the store and webshop.

GENERAL PURPOSE OF DATA PROCESSING

We only use your data for the benefit of our services. This means that the purpose of the processing is always directly related to the assignment you provide. We do not use your data for (targeted) marketing. If you share information with us and we use this information – other than at your request – to contact you at a later time, we will ask you for explicit permission. Your data will not be shared with third parties, other than to comply with accounting and other administrative obligations. These third parties are all bound to secrecy by virtue of the agreement between them and us or an oath or legal obligation.

AUTOMATICALLY COLLECTED DATA

Data that is automatically collected by our website is processed with the aim of further improving our services. This data (for example your IP address, web browser and operating system) is not personal data.

COOPERATION IN TAX AND CRIMINAL INVESTIGATIONS

In some cases, Mailfemale may be required by law 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 oppose this within the possibilities that the law offers us.

RETENTION PERIODS

We keep your data as long as you are a client of ours. This means that we keep your customer profile until you indicate that you no longer wish to use our services. If you indicate this to us, we will also regard this as a request to forget. Based on applicable administrative obligations, we must keep invoices with your (personal) data, so we will keep this data for as long as the applicable term runs.

YOUR RIGHTS

Under the applicable Dutch and European legislation, you as a data subject have certain rights with regard to the personal data processed by or on behalf of us. We explain below which rights these are and how you can invoke these rights.

In principle, to prevent misuse, we only send copies and copies of your data to your already known e-mail address. In the event that you wish to receive the data at a different e-mail address or, for example, by post, we will ask you to identify yourself. We keep records of completed requests, in the event of a forget request we administer anonymised data. You will receive all statements and copies of data in the machine-readable data format that we use within our systems.

You have the right at all times to submit a complaint to the Dutch Data Protection Authority if you suspect that we are using your personal data in the wrong way.

RIGHT TO VIEW

You always have the right to view the data that we process or have processed that relate to your person or can be traced back to it. You can make a request to this effect to our contact person for privacy matters. 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 with an overview of the processors who hold this data, stating the category under which we have stored this data, at the e-mail address known to us.

RECTIFICATION RIGHT

You always have the right to have the data that we process or have processed that relate to your person or that can be traced back to it, adjusted. You can make a request to this effect to our contact person for privacy matters. You will then receive a response to your request within 30 days. If your request is granted, we will send you a confirmation that the data has been changed at the e-mail address known to us.

RIGHT TO RESTRICTION OF PROCESSING

You always have the right to limit the data that we process or have processed that relate to your person or that can be traced back to it. You can make a request to this effect to our contact person for privacy matters. 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 e-mail address known to us that the data will no longer be processed until you lift the restriction.

RIGHT TO TRANSFERABILITY

You always have the right to have the data that we process or have processed that relate to your person or that can be traced back to it, be carried out by another party. You can make a request to this effect to our contact person for privacy matters. You will then receive a response to your request within 30 days. If your request is granted, we will send you copies or copies of all data about you that we have processed or that have been processed by other processors or third parties on the e-mail address known to us. In all likelihood, we will no longer be able to continue the service in such a case, because the secure linking of data files can then no longer be guaranteed.

RIGHT OF OBJECTION AND OTHER RIGHTS

In some cases you have the right to object to the processing of your personal data by or on behalf of Mailfemale. If you object, we will immediately cease data processing pending the handling of your objection. If your objection is well-founded, we will make copies and/or copies of data that we process or have processed available to you and then permanently suspend the 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 that this is the case, please contact our contact person for privacy matters.

COOKIES

GOOGLE ANALYTICS

Cookies from the American company Google are placed via our website as part of the “Analytics” service. We use this service to keep track of and receive reports on how visitors use the website. This processor may be obliged to provide access to this data on the basis of applicable laws and regulations. We collect information about your surfing behavior and share this data with Google. Google can interpret this information in conjunction with other data sets and thus track your movements on the internet. Google uses this information to offer targeted advertisements (Adwords) and other Google services and products, among other things. Within the package we have set that all data must be deleted after 26 months.

THIRD PARTY COOKIES

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

CHANGES TO THE PRIVACY POLICY

We reserve the right to change our privacy policy at any time. However, you will always find the most recent version on this page. If the new privacy policy has consequences for the way in which we process already collected data relating to you, we will inform you by e-mail.

QUESTIONS ABOUT YOUR PRIVACY? PLEASE LET US KNOW.

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

TERMS AND CONDITIONS

You can also print this document by typing Ctrl P. These General Terms and Conditions of the Webshop Keurmerk Foundation have been established in consultation with the Consumers' Association within the framework of the Self-Regulation Consultation Coordination Group (CZ) of the Social and Economic Council and come into effect on 1 June 2014. These General Terms and Conditions will be used by all members of the Stichting Webshop Keurmerk 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 – Exercising the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur upon withdrawal
Article 10 – Exclusion right of withdrawal
Article 11 – The price
Article 12 – Compliance and extra guarantee
Article 13 – Delivery and performance
Article 14 – Duration transactions: duration, cancellation and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Industry guarantee
Article 19 – Additional or deviating provisions
Article 20 – Changes to the general terms and conditions of Stichting Webshop Keurmerk

Article 1 – Definitions

Here you will find a more detailed 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 delivered by the entrepreneur or by a third party on the basis of an agreement 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 related to a trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Continuing performance contract: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed in a way that facilitates future consultation or use during a period that is geared to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal: the option of the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and who offers products, (access to) digital content and/or services to consumers at a distance;
Distance contract: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for the distance sale of products, digital content and/or services, whereby exclusive or partial use is made up to and including the conclusion of the agreement. becomes of one or more distance communication techniques;
Model withdrawal form: the European model withdrawal form included in the Annex to these terms and conditions;
Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to come together in the same room at the same time;

Article 2 – Identity of the entrepreneur

Entrepreneur name: Hanni Jagtman

Trade name: Mail & Female

Business and visiting address: Nieuwe Vijzelsstraat 2 1017 HT Amsterdam

Telephone: 020-6233916

Email: contact@mailfemale.com

Chamber of Commerce number: 33202.504


Opening hours:

Monday 11.00 -19.00

Tuesday 11.00 -19.00

Wednesday 11.00 -19.00

Thursday 11.00 -19.00

Friday 11.00 -19.00

Saturday 11.00 -19.00

Sunday shop closed


Article 3 – Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and 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, before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
  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 mutatis mutandis and, in the event of conflicting terms and conditions, the consumer can always invoke the applicable provision that is most favorable to the consumer. is.

Article 4 – The offer

  1. If an offer has a limited period of validity or is 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 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 errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet the payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
  5. At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
    • the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
    • the conditions under which and the manner in which the consumer can make use of 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 including all taxes of the product, service or digital content;
    • where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
    • the requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration;
    • if the consumer has a right of withdrawal, the model form for withdrawal.

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

By products:

  1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s).
  2. 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 several 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, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
    • 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 regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content that is not supplied on a material carrier:

  1. The consumer can terminate a service agreement and an agreement for the delivery of digital content that has not been delivered on a material carrier for a minimum period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s).
  2. 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 that is not supplied on a material carrier if information is not 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 form for withdrawal, the reflection period will expire twelve months after the end of the original reflection 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 cooling-off period, the cooling-off 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 the 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 starting point 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 depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for any reduction in the value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

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

  1. If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if the product is returned before the cooling-off period has expired.
  3. The consumer returns the product with all accessories supplied, 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 the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported 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 for returning the goods.
  6. If the consumer withdraws after having first expressly requested that the provision of the service or the supply of gas, water or electricity that has not been made ready for sale commence in a limited volume or specific quantity during the cooling-off period, the consumer shall owe the entrepreneur a an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
  7. The consumer bears no 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 reimbursement of costs in the event of withdrawal or the model form for withdrawal, or;
      2. the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
      3. the consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
        • prior to delivery, he has not expressly agreed to commencing fulfillment of the agreement before the end of the cooling-off period;
        • he has not acknowledged losing his right of withdrawal when giving his consent; or
        • the entrepreneur has failed to confirm this statement from the consumer.
        • if the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of the entrepreneur upon withdrawal

  1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, it will immediately send a confirmation of receipt after receipt of 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, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with paying back until he has received the product or until the consumer demonstrates that the product has been returned, whichever is the earlier.
  3. The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion right of withdrawal
The entrepreneur can 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 time for the conclusion of the agreement:

  1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
  2. Agreements concluded during a public auction. A public auction is understood to mean 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 obliged 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 express prior consent of the consumer; and
      2. The consumer has stated that he will lose his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
      3. 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;
      4. Agreements relating to leisure activities, if the agreement provides for a specific date or period for its implementation;
      5. Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of 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 that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
      8. Products that are irrevocably mixed with other products after delivery due to their nature;
      9. Alcoholic beverages, the price of which was agreed when the agreement was 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, with the exception of subscriptions thereto;
      12. The delivery of digital content other than on a tangible medium, but only if:
        • the performance has begun with the express prior consent of the consumer; and
        • the consumer has stated that he thereby loses his right of withdrawal.

Article 11 – The price

  1. 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 as a result of changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    • they are the result of legal regulations or provisions; or
    • the consumer has the authority to cancel 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 guarantee

  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 existing on the date of the conclusion of the agreement and /or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill its part of the agreement.
  3. An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he assigns certain rights or claims to the consumer that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement. .

Article 13 – Delivery and performance

  1. The entrepreneur will take the greatest possible 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 made known to the entrepreneur.
  3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, cancellation and renewal

Cancellation:

  1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
  2. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed termination rules and a notice period of at least maximum one month.
  3. The consumer can use the agreements referred to in the previous paragraphs:
    • cancel at any time and not be limited to cancellation at a specific time or in a specific period;
    • at least cancel in the same way 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 that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
  2. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has signed this extended agreement against at the end of the extension can cancel with a notice period of no more than one month.
  3. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  4. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Expensive:

  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 term.

Article 15 – Payment

  1. Unless otherwise stipulated in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the reflection period commences, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
  2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in the general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
  3. The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
  4. If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the If payment is not made within this 14-day period, the statutory interest will be due on the amount still due and the entrepreneur will 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; 10% on the next € 2,500.= and 5% on the next € 5,000.= with a minimum of € 40.=. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.

Article 16 – Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
  4. A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaint form on the consumer page of the website of Stichting Webshop Keurmerk . The complaint will then be sent to both the relevant entrepreneur and Stichting Webshop Keurmerk.
  5. If the complaint cannot be resolved in mutual consultation within a reasonable period of time or within 3 months after the complaint was submitted, a dispute will arise that is subject to the dispute settlement procedure.

Article 17 – Disputes

  1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
  2. Disputes between the consumer and the entrepreneur about the conclusion or implementation of agreements with regard to products and services to be delivered or supplied by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Webshop Disputes Committee. , PO Box 90600, 2509 LP in The Hague ( www.sgc.nl ).
  3. A dispute will only be handled by the Disputes Committee 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 the dispute has arisen.
  5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer must state in writing within five weeks of a written request made by the entrepreneur whether he wishes this or whether he wishes to have the dispute handled by the competent court. If the entrepreneur does not hear the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
  6. The Disputes Committee makes a decision under the conditions as laid down in the regulations of the Disputes Committee . The decisions of the Disputes Committee are made by way of binding advice.
  7. The Disputes Committee will not handle a dispute or will discontinue handling it if the entrepreneur has been granted suspension of payments, has gone bankrupt or has actually terminated his business activities before the committee has dealt with a dispute at the hearing and issued a final decision. has been pointed out.
  8. If, in addition to the Webshop Disputes Committee, another disputes committee that is recognized or affiliated with the Stichting Disputes Committees for Consumer Affairs (SGC) or the Complaints Institute for Financial Services (Kifid) is competent, the Disputes Committee Stichting Webshop Keurmerk will be responsible for disputes mainly concerning the method of distance sales or services. preference competent. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.

Article 18 – Industry guarantee

  1. Stichting Webshop Keurmerk guarantees compliance with the binding advice of the Stichting Webshop Keurmerk Disputes Committee by its members, unless the member decides to submit the binding advice to the court for review within two months after it was sent. This guarantee revives if the binding advice has been upheld after review by the court and the judgment demonstrating this has become final and binding. Up to a maximum amount of €10,000 per binding advice, this amount will be paid to the consumer by Stichting Webshop Keurmerk. For amounts greater than €10,000 per binding advice, €10,000 will be paid. For the excess, Stichting Webshop Keurmerk has a best efforts obligation to ensure that the member complies with the binding advice.
  2. Application of this guarantee requires that the consumer makes a written appeal to Stichting Webshop Keurmerk and that he transfers his claim against the entrepreneur to Stichting Webshop Keurmerk. If the claim against the entrepreneur exceeds € 10,000, the consumer is offered to transfer the claim insofar as it exceeds the amount of € 10,000 to Stichting Webshop Keurmerk, after which this organization will make the payment in its own name and at its own expense. will request this in court in order 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 – Changes to the general terms and conditions of Stichting Webshop Keurmerk

  1. Stichting Webshop Keurmerk will not change these general terms and conditions without consulting the Consumers' Association.
  2. Changes to these terms and conditions are only effective after they have been published in an appropriate manner, on the understanding that in the event of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.

Address Stichting Webshop Keurmerk: Willemsparkweg 193, 1071 HA Amsterdam.

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