Terms and Conditions

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Terms And Conditions – ProeverijAgenda

These Terms and Conditions of Stichting Webshop Keurmerk have been established in consultation with the Dutch Consumers’ Association within the framework of the Coordination Group Self-Regulation (CZ) of the Social and Economic Council and have been in effect since June 1, 2014.

They apply to all members of Stichting Webshop Keurmerk, except for financial services subject to supervision by the Dutch Authority for Financial Markets.

Table Of Contents

  1. Definitions
  2. Identity of the Entrepreneur
  3. Applicability
  4. The Offer
  5. The Agreement
  6. Right of Withdrawal
  7. Obligations of the Consumer During the Reflection Period
  8. Exercising the Right of Withdrawal and Related Costs
  9. Obligations of the Entrepreneur in Case of Withdrawal
  10. Exclusion of Right of Withdrawal
  11. Pricing
  12. Performance and Additional Guarantees
  13. Delivery and Execution
  14. Long-Term Transactions: Duration, Termination, and Renewal
  15. Payment
  16. Complaints Procedure
  17. Disputes
  18. Industry Guarantee
  19. Additional or Deviating Provisions
  20. Changes to Terms and Conditions

1. Definitions

  • Additional Agreement: An agreement where the consumer acquires products, digital content, or services related to a distance contract.
  • Reflection Period: The period during which the consumer can exercise the right of withdrawal.
  • Consumer: A natural person not acting for business, trade, or professional purposes.
  • Day: Calendar day.
  • Digital Content: Data produced and delivered digitally.
  • Distance Contract: An agreement concluded within a system for distance sales.
  • Entrepreneur: The natural or legal person offering products, digital content, or services to consumers online.
  • Right of Withdrawal: The consumer’s ability to withdraw from a distance contract within the reflection period.
  • Model Withdrawal Form: The European model form included in Appendix I of these terms.

2. Identity Of The Entrepreneur

ProeverijAgenda
Luxemburglaan 387, 1966 MD Heemskerk, Netherlands
Phone: +31 251 442055 | Mobile: +31 6 47435661
Email: info@proeverijagenda.nl
Chamber of Commerce (KvK): 34262826
VAT Number: NL002120869.B09

3. Applicability

These Terms and Conditions apply to every offer and agreement between the entrepreneur and the consumer. The consumer must have access to these terms before concluding the agreement.

If electronic communication is used, the terms can be provided digitally, ensuring they can be stored by the consumer on a durable medium.

4. The Offer

The offer contains an accurate description of the products, services, or digital content. Images used reflect the products truthfully. Obvious errors or mistakes do not bind the entrepreneur.

5. The Agreement

The agreement is concluded upon acceptance of the offer and payment by the consumer.

For electronic agreements, the entrepreneur confirms receipt immediately via email. Secure technical measures are taken for data transmission and payment.

6. Right Of Withdrawal

  • Products: Consumers have at least 14 days to withdraw without giving reasons.
  • Services and Digital Content: If not delivered on a tangible medium, the reflection period also applies for 14 days after conclusion.
  • If legally required information on withdrawal is not provided, the period is extended to 12 months, plus 14 days after providing the information.

7. Obligations During Reflection Period

Consumers must handle products carefully and may only inspect them as in a physical store. Consumers are liable for value reduction only if caused by handling beyond what is necessary.

8. Exercising The Right Of Withdrawal

  • Notify the entrepreneur within the reflection period using the model withdrawal form.
  • Return the product within 14 days, with accessories, in original packaging where reasonably possible.
  • Consumers bear the direct cost of returning the product unless otherwise stated by the entrepreneur.

9. Obligations Of The Entrepreneur On Withdrawal

  • Refund payments including delivery costs within 14 days, using the same payment method unless agreed otherwise.
  • Refund may be postponed until the product is received or proof of return is provided.

10. Exclusion Of Right Of Withdrawal

Certain products and services are excluded from withdrawal, e.g.,:

  • Custom-made products
  • Perishable goods
  • Sealed products for health/hygiene once opened
  • Services already fully performed with consumer consent
  • Digital content not on a tangible medium, with prior consumer consent

11. Pricing

All prices are inclusive of 21% VAT unless stated otherwise. Price changes due to VAT or statutory regulations may occur.

12. Performance And Additional Guarantees

Products/services meet the agreement, reasonable usability standards, and applicable legal requirements. Additional guarantees do not limit statutory consumer rights.

13. Delivery And Execution

  • Delivery takes place at the consumer’s stated address.
  • Products are delivered within 30 days unless otherwise agreed.
  • Risk transfers to the consumer upon delivery, unless explicitly agreed otherwise.

14. Long-Term Transactions

  • Consumers may terminate indefinite agreements with one month notice.
  • Limited-duration agreements cannot be silently renewed for longer than agreed.

15. Payment

  • Payment due within 14 days of order or end of reflection period.
  • Advance payment is limited to 50% unless otherwise agreed.
  • Late payment incurs statutory interest and collection costs.

16. Complaints Procedure

  • Complaints must be submitted clearly and in full within a reasonable time.
  • Complaints acknowledged within 14 days; a more detailed response follows as soon as possible.
  • Complaints can also be submitted via Stichting Webshop Keurmerk(http://keurmerk.info/Home/MisbruikOfKlacht).

17. Disputes

  • Dutch law applies.
  • Disputes can be submitted to the Webshop Disputes Committee.
  • Disputes must first be reported to the entrepreneur.
  • Committee decisions are binding; max coverage €10,000 per case.

18. Industry Guarantee

Stichting Webshop Keurmerk guarantees compliance with binding advice from the Disputes Committee. Amounts exceeding €10,000 are handled via transfer to Stichting Webshop Keurmerk.

19. Additional Or Deviating Provisions

Any additional or deviating provisions must not be to the detriment of the consumer and must be in writing or stored in a durable medium.

20. Changes To Terms And Conditions

Changes to these terms are made in consultation with the Dutch Consumers’ Association.
Most favorable provisions for consumers remain in effect during ongoing offers.

Right Of Withdrawal & Event-Specific Terms

  • For event cancellations or withdrawal, ProeverijAgenda applies the organizer’s conditions.
  • See Article 10, point 5 of the Terms.
  • It is recommended to contact ProeverijAgenda to discuss with the organizer.
  • For online goods sold, statutory regulations apply as described in the Terms.

Download the Model Withdrawal Form [here]