General Terms and Conditions

General Terms and Conditions of the Webshop Trustmark FoundationThese General Terms and Conditions of the Webshop Quality Mark Foundation were drawn up in consultation with the Consumers' Association within the framework of the Coordination Group for Self-Regulation Consultation (CZ) of the Social and Economic Council and enter into force as of June 1, 2014. These General Terms and Conditions shall be used by all members of the Webshop Quality Mark Foundation, with the exception of financial services as referred to in the Financial Supervision Act and insofar as these services are under the supervision of 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 upon withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance and additional warranty
Article 13 – Delivery and execution
Article 14 – Long-term transactions: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints Procedure
Article 17 – Disputes
Article 18 – Industry Guarantee
Article 19 – Supplementary or deviating provisions
Article 20 – Amendment of the General Terms and Conditions of the Webshop Quality Mark Foundation

Article 1 – DefinitionsIn these terms and conditions, the following is understood to mean:

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 trader or by a third party on the basis of an agreement between that third party and the trader;
cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Long-term agreement: an agreement providing for the regular delivery of goods, services and/or digital content over a specified period;
Durable data carrier: any device – including email – that enables the consumer or entrepreneur to store information addressed to them personally in a manner that allows for future consultation or use for a period commensurate with the purpose for which the information is intended, and that enables the unaltered reproduction of the stored information;
Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk 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 organized system for distance selling of products, digital content and/or services, whereby exclusively or partly one or more techniques for distance communication are used up to and including the conclusion of the agreement;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
Remote communication technology: means that can be used to conclude an agreement without the consumer and the entrepreneur having to be simultaneously present in the same space;

Article 2 – Identity of the entrepreneur

Trail.nl
Fannius Scholtenstraat 56H
1051GA Amsterdam
020 308 6088

winkel@trail.nl
Chamber of Commerce number: 62176625
VAT identification number: NL001890211B34

Article 3 – Applicability

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.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the distance contract is concluded, indicate how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the preceding 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 manner that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or in another manner upon request.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favorable to him.

Article 4 – The offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of 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 do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer.

Article 5 – The Agreement

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 conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for that purpose.
Within legal frameworks, the entrepreneur may ascertain whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application with justification, or to attach special conditions to its execution.
The entrepreneur shall, at the latest upon delivery of the product, service or digital content to the consumer, provide the following information in writing or in such a manner that it can be stored by the consumer in an accessible manner on a durable data carrier:
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 may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information regarding warranties and existing after-purchase service;
the price, including all taxes, of the product, service or digital content; where applicable, the delivery costs; 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 indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawalFor products:

The consumer may terminate 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 for the reason for withdrawal, but may not oblige him to state his reason(s).
The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided that he has clearly informed the consumer of this prior to the ordering process.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;

in the case of agreements for the regular delivery of products over a certain period: the day on which the consumer, or a third party designated by him, received the first product.

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

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

Extended cooling-off period for products, services, and digital content not delivered on a physical medium if the right of withdrawal is not communicated:

If the entrepreneur has not provided the consumer with the legally required information regarding the right of withdrawal or the model withdrawal form, the cooling-off period shall expire twelve months after the end of the original cooling-off period established in accordance with the preceding paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer received that information.

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

During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The underlying principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is only liable for any decrease in the value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any decrease in the value of the product if the entrepreneur has not provided him with all legally required information regarding the right of withdrawal before or at the time of concluding the agreement.

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

If the consumer exercises his right of withdrawal, he notifies the entrepreneur of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer shall in any event be deemed to have complied with the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the proper and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs, or if the entrepreneur indicates that they will bear the costs themselves, the consumer is not required to bear the costs of return.
If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water, or electricity that has not been made ready for sale in a limited volume or specific quantity commences during the cooling-off period, the consumer owes the entrepreneur an amount proportionate 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.
The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
the entrepreneur has not provided the consumer with the legally required information regarding the right of withdrawal, the reimbursement of costs upon withdrawal, or the model withdrawal form, or;
the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.
The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
he has not expressly agreed, prior to delivery thereof, to the commencement of the performance of the agreement before the end of the cooling-off period;
he has not acknowledged losing his right of withdrawal upon giving his consent; or
The entrepreneur has failed to confirm this statement by the consumer.
If the consumer exercises his right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 9 – Obligations of the entrepreneur upon withdrawal

If the entrepreneur enables the consumer to submit a notification of withdrawal electronically, he shall send an acknowledgment of receipt immediately after receiving this notification.
The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay 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 reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever occurs first.
The entrepreneur uses the same payment method for reimbursement that the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawalThe entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

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
Agreements concluded during a public auction.A public auction is understood to mean a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present 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:
the performance has commenced with the express prior consent of the consumer; and
the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period for the performance thereof;
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;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products which, after delivery, are irrevocably mixed with other products due to their nature;
Alcoholic beverages the price of which has been agreed at the time of concluding the contract, 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;
Sealed audio and video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
The supply of digital content other than on a tangible medium, but only if:
the performance has commenced with the express prior consent of the consumer; and
The consumer has declared that he thereby loses his right of withdrawal.

Article 11 – The price

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

Article 12 – Performance of the agreement and additional warranty

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 statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
An additional guarantee provided by the entrepreneur, his supplier, manufacturer, or importer shall never limit the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
An extended warranty is understood to mean any commitment by the entrepreneur, his supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in the event of a failure to fulfill their part of the agreement.

Article 13 – Delivery and execution

The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has provided to the entrepreneur.
Subject to what is stated regarding this in Article 4 of these General Terms and Conditions, the entrepreneur shall execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed at all or only partially, the consumer shall be notified thereof no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost and is entitled to any compensation for damages.
After dissolution in accordance with the previous paragraph, the entrepreneur shall immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Long-term transactions: duration, termination and renewalCancellation:

The consumer may terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of at most one month.
The consumer may terminate an agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of at most one month.
The consumer may the agreements mentioned in the previous paragraphs:
- to cancel at any time and not be limited to cancellation at a specific time or during a specific period;
- at least terminate in the same manner as they were entered into by him;
- Always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension:

An agreement that for certain a contract for which time has been entered into and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the preceding paragraph, an agreement entered into for a fixed period and intended for the regular delivery of daily newspapers, weekly newspapers, and periodicals may be tacitly renewed for a fixed duration of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension period with a notice period of at most one month.
An agreement entered into for a fixed period and intended for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is entitled to terminate the agreement at any time with a notice period of at most one month. The notice period shall be at most three months in the event that the agreement is intended for the regular, but less than once a month, delivery of daily newspapers, news magazines, weekly newspapers, and periodicals.
An agreement of limited duration for the regular delivery of daily newspapers, news magazines, weekly newspapers, and magazines for introductory purposes (trial or introductory subscription) is not tacitly renewed and terminates automatically upon the end of the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

Article 15 – Payment

Unless otherwise stipulated in the agreement or supplementary conditions, the amounts due from 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 for the provision of a service, this period commences on the day after the consumer has received confirmation of the agreement.
In the sale of products to consumers, the consumer may never be required in the general terms and conditions to make a prepayment of more than 50%. When prepayment has been agreed upon, the consumer cannot assert any right regarding the execution of the relevant order or service(s) until the agreed prepayment has been made.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
If the consumer fails to meet his payment obligation(s) in a timely manner, he shall, after having been notified by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, be liable for statutory interest on the outstanding amount after failure to pay within this 14-day period, and the entrepreneur is 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 subsequent € 2.500, = and 5% on the following € 5.000, = with a minimum of € 40, The entrepreneur may deviate from the said amounts and percentages to the benefit of the consumer.

Article 16 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints regarding the performance of the agreement must be submitted to the entrepreneur in full and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
A complaint about a product, service, or the entrepreneur's service can also be submitted via a complaint form on the consumer page of the Stichting Webshop Keurmerk website (http://keurmerk.info/Home/MisbruikOfKlachtThe complaint is then sent to both the entrepreneur concerned and the Webshop Trustmark Foundation.
If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after filing the complaint, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
Disputes between the consumer and the entrepreneur regarding the conclusion or execution of agreements concerning products and services to be supplied or supplied by this entrepreneur may, subject to the provisions set out below, be submitted by both the consumer and the entrepreneur to the Webshop Disputes Committee, Postbus 90600, 2509 LP The Hague (sgc.nl).
A dispute will only be considered by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
The dispute must be submitted in writing to the Disputes Committee no later than twelve months after the dispute arose.
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 to that effect made by the entrepreneur, whether he also wishes to do so or whether he wishes to have the dispute handled by the competent court. 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.
The Disputes Committee renders a decision subject to the conditions set out in the regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshopThe decisions of the Disputes Committee are made by way of binding advice.
The Disputes Committee will not handle a dispute, or will cease handling it, if the entrepreneur has been granted a suspension of payments, has become bankrupt, or has actually ceased his business activities, before a dispute has been heard by the committee at a hearing and a final ruling has been issued.
If, in addition to the Webshop Disputes Committee, another recognized disputes committee affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Webshop Quality Mark Foundation Disputes Committee is preferably competent for disputes primarily concerning the method of distance selling or service provision. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid is competent.

Article 18 – Industry Guarantee

The Webshop Quality Mark Foundation guarantees compliance by its members with the binding recommendations of the Webshop Quality Mark Foundation Disputes Committee, unless the member decides to submit the binding recommendation to the court for review within two months of its dispatch. This guarantee is reinstated if the binding recommendation is upheld after review by the court and the judgment confirming this has become final and binding. Up to a maximum amount of €10.000, - per binding advice, this amount is paid out to the consumer by Stichting Webshop Keurmerk. For amounts greater than €10.000, - by binding advice, is €10.000, - paid out. For the remainder, Stichting Webshop Keurmerk has a best-efforts obligation to ensure that the member complies with the binding advice.
For this guarantee to apply, the consumer is required to submit a written claim to Stichting Webshop Keurmerk and to transfer his claim against the entrepreneur to Stichting Webshop Keurmerk. If the claim against the entrepreneur amounts to more than €10.000, -, the consumer is offered his claim insofar as it exceeds the amount of €10.000, - results to be transferred to Stichting Webshop Keurmerk, after which this organization will, in its own name and at its own expense, seek payment thereof through legal proceedings to satisfy the consumer.

Article 19 – Supplementary or deviating provisionsProvisions supplementing or deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a manner that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 20 – Amendment of the General Terms and Conditions of the Webshop Quality Mark Foundation

Stichting Webshop Keurmerk will not amend these general terms and conditions except in consultation with the Consumentenbond.
Amendments to these terms and conditions shall only be effective after they have been published in the appropriate manner, provided that, in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer shall prevail.

Address of the Webshop Quality Mark Foundation: Willemsparkweg 193, 1071 HA Amsterdam Annex I: Model withdrawal form Model withdrawal form (only fill in and return this form if you wish to withdraw from the agreement)

At:
Trail.nl
Fannius Scholtenstraat 56H
1051GA Amsterdam
020 308 6088
winkel@trail.nl
Chamber of Commerce number: 62176625

I/We* hereby inform you that I/we* our agreement concerning

the sale of the following products: [product description]* the delivery of the following digital content: [digital content description]* the performance of the following service: [service description]*, revokes/revoke*

Ordered on*/received on* [date of order for services or receipt for products]

[Name(s) of consumer(s)]

[Consumer(s) address]

[Consumer(s) signature] (only when this form is submitted on paper)

Cross out what does not apply or fill in what applies.

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General Terms and Conditions