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General terms & conditions

General terms & conditions

Download the Thuiswinkel Terms and Conditions in Appendix I: Model withdrawal form as a PDF.

Thuiswinkel General Terms & Conditions

These General Terms and Conditions of Thuiswinkel, the Netherlands Home-Shopping Organisation (hereafter referred to as Thuiswinkel.org) were drawn up in consultation with the Netherlands Consumers Association within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council (SER) and will take effect on June 1, 2014.

Table of Contents:

Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercising the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the trader in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - Price
Article 12 - Compliance with the agreement and extended warranty
Article 13 - Delivery and execution
Article 14 - Continuing performance contract: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Trade association guarantee
Article 19 - Additional or deviating provisions
Article 20 - Amendments to the Thuiswinkel General Terms and Conditions.

Article 1 - Definitions.

In these terms and conditions, the following definitions shall apply:

Additional contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are provided by the trader or by a third party on the basis of an arrangement between that third party and the trader;
Reflection period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Long-term Agreement: a contract for the regular supply of goods, services and/or digital content for a specified period of time;
Durable medium: any device - including email - which enables the consumer or trader to store information addressed to them personally in a way that allows for future consultation or use for a period of time appropriate for the purpose for which the information is intended and which allows for unaltered reproduction of the relevant stored information;
Right of withdrawal: the consumer's ability to waive the distance contract within the reflection period;
Trader: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or remote services to consumers;
Distance agreement: an agreement concluded between the trader and the consumer under an organised distance sales system for the sale of products, digital content and/or services, which, up to and including the conclusion of the contract, makes exclusive or joint use of one or more means of distance communication;
Model withdrawal form: the European model withdrawal form set out in Annex I of these terms and conditions; Annex I does not need to be made available if the consumer has no right of withdrawal with regard to their order;
Technology for remote communication: means that can be used to conclude an agreement without the consumer and entrepreneur having to be together in the same room simultaneously.

Article 2 - Identity of the trader

Name of Trader: Dille & Kamille (Netherlands) B.V.

Branch address:
Oudegracht 176
3511NP Utrecht
The Netherlands

Phone: (+31) 020-2382160

Availability:
Monday to Friday, 09:00-17:00

Email: klantenservice@dille-kamille.com

KvK (Netherlands Chamber of Commerce) number: 29029858
VAT number: NL005574237B01

Article 3 - Applicability.

These general terms and conditions apply to any offer by the trader and to any distance contract concluded between trader and consumer.
Prior to the conclusion of the distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader will, prior to the conclusion of the distance contract, indicate how the general terms and conditions can be inspected at the trader's premises and that the terms and conditions will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, then contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, then before the distance contract is concluded, it shall be indicated where the general terms and conditions can be accessed electronically and that the terms and conditions will be sent free of charge to the consumer electronically or otherwise upon request.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall equally apply and, in the event of conflicting conditions, the consumer may invoke the applicable provision that is most beneficial to them.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to certain 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 will be sufficiently detailed to allow a proper assessment of the offer by the consumer. If the trader uses images, these should be a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
Each offer contains such information that makes it clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The Agreement

The agreement is deemed concluded, subject to the provisions of Paragraph 4, at the moment the consumer accepts the offer and meets the conditions set out therein.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm the 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.

If the agreement is established electronically, the trader shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures for this purpose.

The entrepreneur has the right — within a legal framework — to inform and update themselves on whether the consumer is able to fulfil their payment obligations, as well as all necessary information required for responsibly entering into the distance agreement. If, on the basis of this investigation, the trader has good grounds not to enter into the agreement, they are entitled to refuse an order or application or to attach special conditions to the execution of this agreement while providing their reasoning.

The trader will include 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 medium, at the latest upon delivery of the product, service or digital content to the consumer:

The address of the trader's office where the consumer can address any complaints;
the conditions under which and the manner in which the consumer can exercise their right of withdrawal, or a clear indication of any exclusions from the right of withdrawal;
information on warranties and existing after-sale services;
the price (all taxes included) of the product, service or digital content; the cost of delivery (where applicable); and the method of payment, delivery or execution of the distance contract;
The requirements for terminating the contract (if the contract has a duration of more than one year or is of indefinite duration);

the model withdrawal form (if the consumer has a right of withdrawal).

In the case of a continuing performance contract, the provision of the previous paragraph applies only to the first delivery.

Article 6 - Right of Withdrawal

For products:

Consumers may cancel a contract related to the purchase of a product during a 100-day reflection period without giving reasons. The trader may ask the consumer the reason for terminating the contract, but the consumer is not obliged to provide this information.
The reflection period referred to in Paragraph 1 begins 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 ordered multiple products as part of the same order: the day on which the consumer, or a third party designated by the consumer, receives the final product. The trader may, provided they have clearly informed the consumer of this prior to the ordering process, refuse an order of 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 them, has received the final shipment or part;
for contracts concerning the regular delivery of products during a specified period: the day on which the consumer, or a third party designated by them, has received the first product.

For services and digital content not delivered on a physical medium:

Consumers may cancel a service contract and a contract for the supply of digital content that is not supplied on a tangible medium for a period of 100 days and without giving reasons. The trader may ask the consumer the reason for terminating the contract, but the consumer is not obliged to provide this information.
The reflection period referred to in paragraph 3 begins on the day following the conclusion of the agreement.

Extended reflection periods for products, services and digital content not supplied on a physical medium in the event that a consumer is not informed 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 reflection period expires 12 months after the end of the reflection period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within 12 months after the effective date of the original reflection period, the reflection period shall expire 100 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the reflection period

During the reflection period, the consumer will handle the product and packaging with care. They will unpack or use the product only to the extent necessary to determine the nature, characteristics and functioning of the product. The principle here is that the consumer may only handle and inspect the product as if they were doing so as would be allowed in a (physical) store.
The consumer shall only be liable for diminished value of the product resulting from any handling of the product beyond what is permitted in paragraph 1.
The consumer is not liable for a reduction in value of the product if the trader has not provided them with all legally required information on their right of withdrawal before or at the conclusion of the contract.

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

If the consumer exercises their right of withdrawal, they shall notify the trader within the reflection period by means of the model withdrawal form or another unambiguous manner.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it to (an authorised representative of) the trader. This is not necessary if the trader has offered to collect the product themselves. In any case, the customer will have complied with the return period if they return the product before the reflection period has expired.

The consumer will return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

The consumer bears the direct cost of returning the product. If the trader has not notified the consumer that they must bear these costs or if the trader indicates that they will bear the return costs themselves, the consumer does not have to bear the cost of the return shipment.

If the consumer withdraws after having first expressly requested the provision of a service or the supply of gas, water or electricity that is not made ready for sale in a limited volume or certain quantity during the reflection period, the consumer shall owe the trader an amount proportional to that part of the commitment fulfilled by the trader at the time of withdrawal, as compared to the full fulfilment of the commitment.

The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity that are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

the trader has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal or the model withdrawal form, or;

the consumer has not explicitly requested the service or supply of gas, water, electricity or district heating to be started during the reflection period.

The consumer bears no cost for the full or partial delivery of digital content not provided on a physical medium if:

they have not, prior to its delivery, explicitly agreed to start complying with the agreement before the end of the reflection period;
they have not acknowledged losing their right of withdrawal when giving their consent; or
the trader has failed to confirm this statement by the consumer.

If the consumer exercises their right of withdrawal, all additional agreements are legally rescinded.

Article 9 - Obligations of the trader in the event of withdrawal

If the trader enables the consumer's notification of withdrawal by electronic means, the trader shall immediately send a confirmation of receipt after receiving this notification.
The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the trader offers to collect the product themselves, the trader may wait to issue the refund until they have received the product or until the consumer has proven that they have returned the product, whichever occurs earlier.
For reimbursement, the trader will use the same means of payment used by the consumer, unless the consumer agrees to another method. The refund is free of charge for consumers.
If the consumer has chosen a more expensive method of delivery than the least expensive standard delivery, the entrepreneur is not obliged to refund the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal.

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, and at the latest before the agreement has been concluded:

Products or services whose price is subject to fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction refers to a method of sale in which products, digital content and/or services are offered by the company to the consumer, who is present in person or who has the opportunity to be present in person at the auction, under the direction of an auctioneer, and where 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:
performance of this service has begun with the express prior consent of the consumer; and
the consumer has stated that they lose their right of withdrawal once the entrepreneur has fully executed the agreement;
Package tours as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
Service contracts for the provision of accommodation, if a specific date or period of execution is provided for in the contract and goods transport, car rental services and catering other than for residential purposes;
Agreements related to leisure activities, if a specific date or period of execution is provided for in the agreement;
Products manufactured according to consumer specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for health or hygiene reasons and whose seal has been broken after delivery;
Products that, due to their nature, have been irreversibly mixed with other products after delivery;
Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, magazines or journals, excluding subscriptions;
The provision of digital content other than on a physical medium, but only if:

performance of this service has begun with the express prior consent of the consumer; and
the consumer has declared that they have thereby forfeited their right of withdrawal.

Article 11 - Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price adjustments due to changes in VAT rates.
Contrary to the previous paragraph, the trader may offer products or services with variable prices that are subject to fluctuations in financial markets and over which the trader has no control This dependence on fluctuations and the fact that any prices quoted are estimated prices will be stated with the offer.
Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the trader has stipulated this and:
they are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
The prices stated in the offer of products or services include VAT.

Article 12 - Compliance with the agreement and extended warranty

The trader guarantees that their products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for uses other than normal use.
An additional guarantee provided by the trader, their supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer can assert against the trader on the basis of the agreement if the trader has failed to fulfil their part of the agreement.
An additional guarantee means any commitment by the trader, its supplier, importer or manufacturer in which they grant the consumer certain rights or claims beyond what they are legally obliged to do in the event that they have failed to fulfil their part of the agreement.

Article 13 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address which the consumer has given the trader.
Subject to what is stated to this effect in Article 4 of these terms and conditions, the company shall execute all accepted orders without delay and at the latest within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled in part or in full, the consumer will be notified no later than 30 days after the order was placed. In this case, the consumer has the right to dissolve the contract without cost and with the right to possible compensation.
After dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer without delay.
The risk of damage and/or loss of products rests with the trader until the time of delivery to the consumer or a previously designated representative who has been made known to the entrepreneur, unless otherwise explicitly agreed.

Article 14 - Continuing performance contract: duration, termination and renewal

Termination:

The consumer may, at any time, terminate a contract entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period not exceeding one month.
The consumer may, at any time before the end of the specified duration, terminate a contract entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period not exceeding one month.
For the agreements mentioned in the previous paragraphs, the consumer may:

cancel at any time and not be limited to cancellation at a particular time or period;
cancel in the same manner used when entering into the agreement;
always cancel with the same notice period as the trader has stipulated for themselves.

Extension:

A contract entered into for a definite period of time and that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite duration.
Contrary to the previous paragraph, an agreement that has been entered into for a definite period of time and that extends to the regular delivery of daily papers, weekly papers, newspapers or magazines may be tacitly renewed for a specific duration of a maximum of three months, if the consumer is able to terminate the agreement by the end of the extension with a notification period not in excess of one month.
A contract entered into for a definite period of time and that extends to the regular delivery of services may only be tacitly extended or renewed for an indefinite period if the consumer is able to terminate it at any time with a notice period not exceeding one month. The notification period is not to exceed three months if the agreement extends to the regular, but less frequently than monthly, delivery of daily newspapers, weekly newspapers and magazines.
A limited-term agreement to regularly deliver daily newspapers, weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration:

If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reason and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment

Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days of the start of the reflection period, or, in the absence of a reflection period, within 14 days of the conclusion of the agreement. In the case of an agreement for providing a service, this period begins on the day after the consumer receives the confirmation of the agreement.
When selling products to consumers, general terms and conditions may never require consumers to pay more than 50% in advance. Where advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has a duty to immediately report any inaccuracies in payment information provided or stated to the trader.
If the consumer does not fulfil their payment obligation(s), the consumer is to be notified by the trader of this late payment and the trader is to grant the consumer an additional period of 14 days to meet any payment obligations. If payment is not made within this additional 14-day period, then statutory interest is due on top of the amount still owed and the company is entitled to charge any extrajudicial collection costs it has incurred. These collection expenses amount to a maximum of 15% on outstanding amounts up to €2,500; 10% on the following €2,500 and 5% on the next €5,000 with a minimum of €40. The trader may deviate from the aforementioned amounts and percentages for the benefit of the consumer.

Article 16 - Complaints procedure

The trader has a sufficiently publicised complaints procedure and handles any complaints in accordance with this procedure.
Complaints about the execution of the agreement must be submitted to the trader within a reasonable time after the consumer has found any defects and fully and clearly described them.
Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with a notice of receipt and provide an indication of when the consumer can expect a more detailed response.
A complaint about a product, service or the trader's service can also be submitted via a complaint form on the consumer page of the Thuiswinkel.org website www.thuiswinkel.org. The complaint will then be sent to both the trader in question and to Thuiswinkel.org.
The consumer must give the trader 4 weeks to resolve the complaint through mutual agreement. After this period, a dispute will arise that is subject to the dispute settlement procedure.

Article 17 - Disputes.

Contracts between the trader and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
Disputes between the consumer and the trader about the conclusion or execution of contracts relating to products and services to be supplied or delivered by said trader can, with due observance of the provisions set out below, be submitted by both the consumer and the trader to the Thuiswinkel Disputes Committee, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
A dispute will only be considered by the Disputes Committee if the consumer has first submitted their complaint to the trader within a reasonable time.
If the complaint does not lead to a resolution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the trader.
If the consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by this choice. Preferably, the consumer shall first notify the trader of this dispute.
If the trader wishes to submit a dispute to the Disputes Committee, the consumer will, within five weeks after a written request made by the trader, have to express in writing whether they also wish to do so or wants the dispute to be dealt with by a competent court. If the entrepreneur does not receive word of the consumer's choice within this five-week period, the entrepreneur is entitled to submit the dispute to a competent court. 
The Disputes Committee will make a decision under the conditions set out in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made in the form of a binding advisory opinion.
The Disputes Committee will not handle a dispute or will cease to deal with it if the trader has been granted a moratorium, has become bankrupt or has effectively terminated their business activities before a dispute has been dealt with by the committee at the hearing and a final ruling has been made.
If, in addition to the Thuiswinkel Disputes Committee, another recognized dispute committee or one affiliated with the Netherlands Foundation for Disputes Committees for Consumer Cases (SGC) or the Financial Services Complaints Institute (Kifid) is authorised, the Thuiswinkel Disputes Committee shall have preferential jurisdiction for disputes relating primarily to the method of selling or providing remote services. For all other disputes, the other accredited dispute committees affiliated with SGC or Kifid shall have preferential jurisdiction.

Article 18 - Trade association guarantee

Thuiswinkel.org guarantees compliance with the binding advisory opinion of the Thuiswinkel Disputes Committee by its members, unless the member decides to take the binding advisory opinion to court for review within two months after it has been issued. This guarantee is renewed if the binding opinion has been upheld after judicial review and the ruling issued relating to this has become final. An amount not in excess of €10,000 per binding advisory opinion is to be paid to the consumer by Thuiswinkel.org. For amounts greater than €10,000 per binding advisory opinion, €10,000 will be paid. For larger sums, Thuiswinkel.org is obliged to take reasonable adequate efforts to ensure that the member complies with the binding advice.
The application of this guarantee requires the consumer to make a written appeal to Thuiswinkel.org and that they transfer their claim from the trader to Thuiswinkel.org. If the claim against the trader exceeds €10,000, the consumer will be offered to transfer their claim, insofar as it exceeds the amount of €10,000, to Thuiswinkel.org, after which this organization will, in its own name and at its own expenses, seek payment of that claim in court in fulfilment of the consumer's right to compensation.

Article 19 - Additional or deviating provisions

Additional provisions or provisions deviating from these general 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 medium.

Article 20 - Amendments to the Thuiswinkel General Terms and Conditions.

Thuiswinkel.org General Terms and Conditions will not be changed other than in consultation with the Dutch Consumer Association.

Amendments to these terms and conditions are only effective after they have been appropriately published, on the understanding that in the event of applicable changes during the term of an offer, the provision that most benefits the consumer will prevail.

Thuiswinkel.org
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
Postbus 7001, 6710 CB Ede

Appendix I: Model withdrawal form