Terms & Conditions

Terms and Conditions

 
These Terms and Conditions of the Dutch Home Shopping Organization (hereinafter Thuiswinkel.org) 
were drawn up in consultation with the Consumer in the context of the Coordination 
Self-Talk (CZ) of the Social and Economic Council and entered into force on June 1, 2014. 
Table of Contents: 
Article 1 - Definitions 
Article 2 - Identity of the entrepreneur 
Article 3 - Applicability 
Article 4 - The offer 
Article 5 - The contract 
Article 6 - Right of withdrawal 
Article 7 - Obligations of the consumer during the reflection 
Article 8 - Exercise of the right of withdrawal by the consumer and costs 
Article 9 - Obligations of the trader in case of withdrawal 
Article 10 - Exclusion of right of withdrawal 
Article 11 - The price 
Article 12 - Compliance and Warranty extension 
Article 13 - Delivery and execution 
Article 14 - Duration Trades: duration, termination and renewal 
Article 15 - Payment 
Article 16 - Complaints 
Article 17 - Disputes 
Article 18 - Warranty Industry 
Article 19 - Additional or different terms 
Article 20 - Amendments to the General Conditions IDIS 
Article 1 - Definitions 
In these terms and conditions shall apply: 
1 Supplementary agreement means an agreement whereby the consumer products, digital content 
and / or services acquired in connection with a distance contract and these goods, digital content 
and / or services are provided by the employer or by a third party based on a 
arrangement between that third party and the trader; 
2 period: the period within which the consumer can exercise his right of withdrawal; 
3 Consumer: the natural person who is acting for purposes relating to his 
trade, business, craft or profession; 
4 Day: calendar; 
5. Digital content: data produced in digital form and are supplied; 
6. Term Agreement: an agreement that extends to the regular delivery of goods, services 
and / or digital content for a certain period; 
7 Durable medium: any device - including also e-mail - that the consumer 
or business that enables information that is addressed to him personally, to store in a 
way that future consultation or use for a period appropriate to the target 
which it was intended, and unaltered reproduction of the stored information 
reducer; 
8 Right of withdrawal: the ability of the consumer to see the inside the cooling-off 
distance contract; 
9 Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and products (access 
to) digital content and / or remote services and consumer services; 
10 Distance contract means a contract between the entrepreneur and the consumer 
concluded under an organized distance sales of products, 
digital content and / or services, which until the conclusion of the agreement only or 
also made use of one or more means of distance communication; 
11 Model withdrawal form, the form shown in Appendix I of these conditions European 
model withdrawal form; 
12 Technology for distance communication: means that can be used for closing 
a contract, without the consumer and trader being in the same room having to 
have come together. 
Article 2 - Identity of the entrepreneur 
Neware Enterprise Solutions; 
Koninginnelaan 38 
5491 JV Sint-Oedenrode; 

Phone: 0413-479283 (for this information number, you pay your normal phone charges) 
reached Monday / Friday from 9.00 am to 21.00 pm and on Saturday from 9:00 am to 18:00 pm. 
Email: service@neware.nl 
Chamber of Commerce number:  
VAT identification number: NL000254877778B01 
Article 3 - Applicability 
1 These general conditions apply to every offer of the entrepreneur and to every 
agreement reached at a distance between businesses and consumers. 
2 Before the distance contract is concluded, the text of these general 
conditions made available to the consumer. If this is not reasonably possible, the 
entrepreneur before concluding the distance contract, indicate how the 
general conditions for the entrepreneur to see and that they so requested by the consumer
soon as possible, be sent free of charge. 
3 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 
be added to the consumer by electronic means made ​​available in such a way that 
it can be stored on a durable by the consumer in a simple way 
medium. If this is not reasonably possible, before the distance contract 
is closed, will indicate where the general terms and conditions electronically 
can be taken and that upon request of the consumer electronically or on 
otherwise will be sent free of charge. 
4 In the event that in addition to these terms and conditions specific product or 
service conditions apply, the second and third paragraphs 
apply and the consumer in case of conflicting terms always rely on 
the applicable provision that is most favorable to him. 
Article 4 - The offer 
1 If an offer is of limited duration or subject to conditions, this 
explicitly stated in the offer. 
2 The offer contains a complete and accurate description of the products offered, 
digital content and / or services. The description is sufficiently detailed to allow a good 
assessment of the offer by making the consumer. possible If the business use 
making images, they are a true reflection of the offered 
products, services and / or digital content. Obvious mistakes or errors in the 
offer does not bind the entrepreneur. 
3 Each offer contains such information that is clear to the consumer what rights and 
obligations, which are connected. to the acceptance of the offer 
Article 5 - The contract 
1 The agreement is subject to the provisions of paragraph 4, concluded at the time of 
the consumer accepts the offer and meet the stipulated 
terms. 
2 If the consumer has accepted the offer electronically confirms the entrepreneur 
immediately along the receipt of the acceptance of the offer. electronically As long as the 
receipt of this acceptance has not been confirmed by the entrepreneur to the consumer 
terminate a contract. 
3 If the agreement is created electronically, the trader will take appropriate technical and 
organizational measures to protect the electronic transmission of data and makes it 
a secure web environment. If the consumer can pay electronically, the trader will 
observe appropriate safety precautions. 
4 The entrepreneur can within the law - to inform the consumer or to his 
payment obligations, as well as all facts and factors that are important for 
engage responsibly in the distance. If the operator under this 
Research has good reason not to enter into the agreement, he is entitled 
to refuse an order or request or to implement special conditions 
connect. 
5. It will look at delivery of the product, service, or digital content to the 
consumer the following information, in writing or in such a way that the consumer in 
an accessible manner can be stored on a durable medium, send: 
a. the address of the establishment of the business where the consumer complaints go 
can; 
b. the conditions and the manner in which the consumer of the right of withdrawal 
can use, or a clear statement regarding the exclusion of the 
right of withdrawal; 
c. information on guarantees and after sales service existing; 
d. the price including all taxes of the product, service, or digital content; to the extent that 
apply the cost of delivery; and the method of payment, delivery or performance of 
the distance; 
e. the requirements for terminating the contract, if the contract has a duration of 
more than one year or is indefinite; 
f. if the consumer has a right of withdrawal, the model withdrawal form. 
6 In the event of an extended transaction is the provision in the preceding paragraph shall apply only to the first 
delivery. 
Article 6 - Right of withdrawal 
For products: 
1 The consumer may contract with respect to the purchase of a product throughout 
terminate a cooling off period of 14 days without giving reasons. The operator may 
ask the consumer the reason for withdrawal, but not stating his reason (s) 
oblige. 
2 The cooling-off period referred to in paragraph 1 shall commence on the day after the consumer, or in advance by the 
consumer designated third party other than the carrier, the product has received, or: 
a. if consumers in a given order has ordered several products: the day the 
consumer or a third party designated by him has received. the final product the 
economic operator may, provided it from the consumer prior to the ordering process clear
has informed manner, an order of multiple products with different over 
refuse delivery. 
b. if the supply of a product consisting of multiple lots or pieces: the day 
which the consumer or a third party designated by him, the last shipment of the last 
part has received; 
c. the contract is for regular delivery of goods during a certain period: 
the day on which the consumer or a third party designated by him, the first product 
received. 
For services and digital content which is not supplied on a tangible medium: 
3. Consumers can a service agreement and an agreement for the delivery of digital 
content which is not supplied for at least 14 days without giving a tangible medium 
dissolution of reasons. The operator may ask the consumer the reason for revocation, 
but does not commit to stating his reason (s). 
4 The reflection period referred to in paragraph 3 shall commence on the day following the conclusion of the agreement. 
Extended reflection for products, services and digital content that is not on a tangible medium 
supplied with no information about the right of withdrawal: 
5. If the Consumer statutory information about the right of withdrawal or 
the model withdrawal form is not provided, the waiting period is twelve months after 
the end of the original, in accordance with the preceding paragraphs of this Article shall 
reflection. 
6 If the entrepreneur has the information referred to in the preceding paragraph to the consumer 
shall, within twelve months after the effective date of the initial grace period, expiring 
the reflection period 14 days after the day on which the consumer receives that information. 
Article 7 - Obligations of the consumer during the reflection 
1 During the period the consumer will treat the product and packaging. he 
the product will only unpack or use to the extent necessary to establish the nature, characteristics and 
the operation of the product to be determined. The premise is that the consumer product 
may only handle and inspect as he would be allowed to do in a shop. 
2 The consumer shall only be liable for the value of the product that is the result 
a way of dealing with the product beyond permitted in paragraph 1. 
3 The consumer is not liable for the value of the product and the entrepreneur 
him before or at the conclusion of the Agreement, all legally required information about the
right of withdrawal provided. 
Article 8 - Exercise of the right of withdrawal by the consumer and costs 
1 If the consumer exercises his right of withdrawal, he must within the cooling-off period 
through the model withdrawal form or unequivocal manner to the 
entrepreneur. 
2 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1 
consumers to send the product back, or he hands it to (a representative of) the 
entrepreneur. This does not work if the trader has offered to collect the product yourself. Away the 
consumer has the return postage period observed in any case as to return the product 
before the period has expired. 
3 The consumer shall send back the product with all accessories, if reasonably possible 
in original condition and packaging, and in accordance with reasonable and provided by the trader 
clear instructions. 
4 The risk and burden of proof for the correct and timely exercise of the right of withdrawal is with the 
consumer. 
5. The consumer shall bear the direct cost of returning the product. If the 
entrepreneur has not reported that the consumer should bear these costs or if the entrepreneur 
indicates to bear the costs themselves consumers do not have to bear the cost. for return 
6 If the consumer withdraws after first explicitly requested that the provision of the 
service or supply of gas, water or electricity are not put up for sale in a 
limited volume or some amount to begin during the withdrawal period, the consumer 
entrepreneur an amount proportional to that part of the commitment that by 
the entrepreneur has fulfilled at the time of withdrawal, compared to the full 
fulfillment of the commitment. 
7 The consumer shall bear no cost for the performance of services or the supply of water, gas or 
electricity that does not put up for sale in a limited volume or quantity, or 
supply of district heating, if: 
a. the Consumer statutory information about the right of withdrawal, 
allowance for revocation or the model withdrawal form is not provided, or; 
b. the consumer has expressly requested the commencement of the execution of the service or delivery of 
requested. gas, water, electricity or district heating during the reflection 
8. The consumer shall bear no cost for the complete or partial delivery on an 
tangible medium supplied digital content if: 
a. he has not consented to the start of pre-delivery is expressly 
the fulfillment of the contract before the end of the waiting period; 
b. he has not acknowledged losing in granting his permission his right of withdrawal; or 
c. the trader has failed to confirm this statement. consumer 
9 If the consumer exercises his right of withdrawal, any additional 
agreements are automatically dissolved. 
Article 9 - Obligations of the trader in case of withdrawal 
1 If the contractor notification of withdrawal by the consumer electronically 
makes, he sends after receiving this notification immediately an acknowledgment. 
2 The employer shall reimburse all payments made by the consumer, including any delivery charges 
charged by the operator for the returned product without delay, but within 
14 days following the day on which the consumer notifies him of the revocation. unless the 
entrepreneur offers to retrieve the product itself off, he should wait until he pay back the 
product has received or until the consumer proves that he has returned the product to 
whichever is the earliest. 
3 The entrepreneur used to refund the same card that the consumer has used, 
unless the consumer agrees to another method. The repayment is free to the 
consumer. 
4 If the consumer has opted for a more expensive method of delivery than the cheapest 
Standard delivery, does the entrepreneur, the additional cost of the more expensive method is not 
to repay. 
Article 10 - Exclusion of right of withdrawal 
The entrepreneur can the following products and services exclude the right of withdrawal, but 
only if the trader clearly in the offer, at least in time for the conclusion of the 
agreement stated: 
1 Products or services whose price depends on fluctuations in the financial market 
which the trader has no influence and which may within the withdrawal period 
occur 
2 Agreements concluded at a public auction. Under a public auction 
means a method of sale where goods, digital content and / or services by the 
entrepreneurs are offered to the consumer who is present in person or opportunity 
will be at the auction, led by an auctioneer and where the physical presence 
successful bidder is bound products, to comply with digital content and / or services; 
3. Service Agreements, after the completion of the service, but only if: 
. the performance has begun with the express prior consent of the consumer; and 
b. the consumer has declared that he will lose his right of withdrawal once the entrepreneur 
agreement is fully implemented; 
4. Service Agreements for provision of accommodation, and in the contract 
a specific date or period of performance, and other than for residential purposes, 
freight transport, car rental services and catering; 
5. Agreements related to leisure activities, and in the contract some 
date or period of implementation is provided; 
6 According to the consumer's specifications manufactured products, which are not prefabricated and 
produced on the basis of an individual choice or decision by the consumer, or 
are clearly intended for a specific individual; 
7 Products that rapidly decay or have a limited shelf life; 
8 Sealed products for reasons of health protection or hygiene unsuitable 
to be returned after delivery and which the seal has been broken; 
9. Products after delivery to their nature, inseparably mixed with other products; 
10 Alcoholic beverages, the price has been agreed at the conclusion of the agreement, 
the delivery of which can take place after 30 days, and the actual value only 
is dependent on fluctuations in the market where the trader has no influence; 
11 Sealed audio, video recordings or computer software, which the seal after 
delivery is broken; 
12 Newspapers, magazines or magazines, except for subscriptions to this; 
13 The delivery of digital content not supplied on a tangible medium, but only if: 
. the performance has begun with the express prior consent of the consumer; and 
b. the consumer stated that he thus loses his right of withdrawal. 
Article 11 - The price 
1 During the period mentioned in the offer prices of the offered 
products and / or services have not increased, except for price changes resulting from changes in 
VAT rates. 
2 Notwithstanding the preceding paragraph, the business products or services whose prices 
are subject to fluctuations in the financial market over which the trader has no influence 
has, with variable prices. These fluctuations and the fact that 
any price targets, are stated in the offer. 
3 Price increases within 3 months after the conclusion of the contract are only 
allowed if they are the result of statutory regulations or stipulations. 
4 Price increases from 3 months after the conclusion of the contract are only 
permitted if the trader has agreed to this and: 
a. they are the result of legislation or regulations; or 
b. the consumer has the power to terminate with effect from the day the agreement 
which the price increase takes effect. 
5. in the provision of products or services mentioned prices include VAT. 
Article 12 - Compliance agreement and extended warranty 
1 The company guarantees that the products and / or services comply with the contract, 
specifications stated in the offer, the reasonable requirements of reliability and / or usefulness 
and on the date of conclusion of the agreement existing legal provisions 
and / or government regulations. If agreed, the entrepreneur also ensure that 
the product is suitable for other than normal use. 
2 An additional guarantee provided by the trader, its supplier, manufacturer or importer 
never restricted the legal rights and claims that the consumer under the 
contract against the trader can assert if the trader has failed 
to fulfill his part of the agreement. 
3. additional warranty is defined as any commitment of the entrepreneur, its supplier, 
importer or producer to the consumer which it certain rights or claims which grants 
beyond which it is required by law in the case, he has failed to fulfill 
his part of the agreement. 
Article 13 - Delivery and execution 
1. It will take the greatest possible care when receiving 
and in the execution of orders for products and when assessing applications for 
provision of services. 
2 The place of delivery address is that the consumer to the trader has known 
made. 
3 Subject to what is stated in Article 4 of these terms and conditions shall 
the entrepreneur accepted orders expeditiously but not later than 30 days 
perform, unless a different delivery period has been agreed. If delivery is delayed 
whatsoever, or if an order can be executed, not or only partially 
the consumer receives them no later than 30 days after placing the order. the 
Consumers in this case the right to terminate the contract without penalty and the right to 
any compensation. 
4 After dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid 
repay promptly. 
5. The risk of damage and / or loss of products rests upon the trader to 
time of delivery to the consumer or a pre-designated and the entrepreneur 
announced representative, unless otherwise expressly agreed. 
Article 14 - Duration Trades: duration, termination and renewal 
termination: 
1 The consumer may contract for an indefinite period, which extends to the 
regular delivery of products (including electricity) or services, at any time 
denounce the applicable termination rules and a notice 
not exceeding one month. 
2 The consumer may contract concluded for a definite period, which extends to the 
regular delivery of products (including electricity) or services, at any time at 
terminate the end of the fixed term, taking into account the agreed 
termination rules and a notice period of one month. 
3. Consumers can the agreements mentioned in the preceding paragraphs: 
- Terminate at any time and are not limited to termination at a specific time or in a 
certain period of time; 
- Terminate them in the same way as they are concluded; 
- Cancel at the same notice as the company has negotiated for itself. 
extension: 
4 A contract is concluded for a definite period, which extends to the regular delivery of 
products (including electricity) or services may not be extended or tacitly 
renewed for a fixed duration. 
5. Notwithstanding the preceding paragraph, a contract for a definite period, which may 
extends to the regular supply of daily and weekly newspapers and magazines tacitly 
be extended for a fixed period of up to three months, if the consumer 
extended agreement by the end of the extension may terminate with notice 
not exceeding one month. 
6 A contract concluded for a definite period, which extends to the regular delivery of 
products or services may only be tacitly renewed for an indefinite period as the 
consumer may at any time terminate with notice of one month. the 
notice period is more than three months in case the agreement extends to the regular, but 
less than once a month, delivering newspapers, weeklies and magazines. 
7 An agreement with a limited duration of regular delivery of daily, 
weeklies and magazines (trial or introductory subscription) is not 
tacitly continued ends automatically after the trial or introductory. 
duration: 
8 If a contract has a duration of more than one year, the consumer may, after one year 
Agreement at any time with notice of cancellation within one month, unless the 
reasonableness and fairness the termination before the end of the agreed term 
resist. 
Article 15 - Payment 
1 Unless otherwise provided in the agreement or additional terms, lump sums 
to be paid within 14 days after the start of the amounts due to consumers 
cooling off period, or in the absence of a cooling off period within 14 days after the close of the 
Agreement. In case of an agreement to provide a service, the time limit begins 
on the day after the receipt by the consumer. confirmation of the agreement 
2 When selling products to consumers, consumers must in terms 
are never required to advance payment of more than 50%. If payment is 
stipulated, the consumer may not assert any rights regarding the implementation of the 
order or service (s), before the advance payment has 
occurred. 
3 The consumer has the duty to inaccuracies in data supplied or specified payment immediately 
to report to the entrepreneur. 
4 If the consumer does not fulfill his payment obligation (s) meets, this, after the 
entrepreneur pointed out the late payment and the Consumer a period of 14 
days in which to ensure compliance, following the failure to meet its payment 
payment within this 14-day period, the amount due the legal interest 
due and the entrepreneur is entitled extrajudicial incurred by him 
collection costs into account. These collection costs up to 15% over 
outstanding amounts to € 2,500; 10% over the next € 2,500 and 5% on the 
next € 5,000 with a minimum of € 40, =. The entrepreneur can benefit from the 
consumers differ from amounts and percentages. 
Article 16 - Complaints 
1 The entrepreneur has a well-publicized complaints and deals with the 
complaints under this procedure. 
2 Complaints about the performance of the contract shall promptly after the 
consumer has found the defects completely and submitted to clearly defined 
the entrepreneur. 
3 Complaints to the entrepreneur within a period of 14 days from 
answered the date of receipt. If a complaint is a foreseeable longer processing time 
asks, within the period of 14 days responded with a message from the 
receipt and indicating 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 
filed a complaint through the consumer page of the website of Thuiswinkel.org 
www.thuiswinkel.org. The complaint is then both the entrepreneur and 
Sent Thuiswinkel.org. 
5. If the complaint is not within a reasonable time or within 3 months after the filing of the 
complaint can be resolved by mutual agreement creates a dispute that is subject to the 
dispute. 
Article 17 - Disputes 
1. agreements between the entrepreneur and the consumer of these terms and conditions 
relate only to Dutch law. 
2 Disputes between consumers and entrepreneurs on the creation or implementation of 
agreements relating to such business by supplying or supplied products and 
services, may, subject to the provisions below, both the consumer and the 
entrepreneur will be submitted to the disputes committee, PO Box 90600, 2509 LP 
The Hague (www.sgc.nl). 
3 A dispute is handled by the Disputes Committee discussed only if the 
Consumer submitted. complaint within a reasonable time to the entrepreneur 
4 Within three months after the dispute arose, should the dispute in writing to the 
Dispute to be brought. 
5. If the consumer wants to submit to the Disputes Committee, the trader is a dispute 
bound by this choice. When the entrepreneur that wants to do the consumer within five 
weeks after a specially-out is made ​​in writing by written request, the entrepreneur 
speak if he so desires or will be treated by the competent dispute 
judge. The entrepreneur learns not the choice of the consumer within the period of five 
weeks, then the entrepreneur is entitled to submit to the competent court. dispute 
6 The Disputes Committee's decision under the conditions as laid down in the 
Rules of the Arbitration Commission (www.degeschillencommissie.nl/over-ons/decommissies/ 
2404 / home shopping). The decisions of the Disputes Committee take the form 
binding advice. 
7 The Disputes Committee will not handle a dispute or will terminate if the 
entrepreneur moratorium has been granted, the state has become bankrupt or 
business has actually ended, before a dispute by the Committee at the session 
treated and a final ruling. 
8 If, in addition to the disputes committee recognized or affiliated with the Foundation 
Disputes Consumer Affairs (SGC) or the Complaints Institute Financial 
Services (Kifid) arbitration committee has jurisdiction over disputes concerning 
mainly to the method of sale or service remotely the Dispute 
IDIS preferably competent. For all other disputes or other approved by the SGC or Kifid 
disputes committee. 
Article 18 - Warranty Industry 
1 Thuiswinkel.org guarantees the fulfillment of the binding advice of the 
Disputes committee by its members, unless the member decides the binding opinion within 
Two months after sending it for consideration. for review to the court this 
guarantee revives if the binding opinion is upheld after review by the court and 
the judgment confirming this, the force of res judicata. Up to an amount of 
€ 10,000, - a binding opinion, this sum Thuiswinkel.org to consumers. 
For amounts greater than € 10,000, - a binding opinion, € 10 000, - will be paid. for 
multiple Thuiswinkel.org has an obligation to ensure that the member 
comply with binding advice. 
2 For purposes of this guarantee requires the consumer a written appeal 
at Thuiswinkel.org and transfer his claim on the trader to Thuiswinkel.org. 
If the claim on the company exceeds € 10,000 - the consumer 
presented his claim to the extent exceeding the amount of € 10 000, - will be transferred 
to Thuiswinkel.org, will in its own name and cost payment thereof in 
court will ask to meet the consumer. 
Article 19 - Additional or different terms 
Additional or different provisions of these terms should not disadvantage 
the consumer and should be recorded in writing or in such a way that it 
can be stored on a durable by the consumer in an accessible manner 
medium. 
Article 20 - Amendments to the General Conditions IDIS 
1 Thuiswinkel.org will change these terms and conditions after consultation with the 
Consumers. 
2 Changes in these conditions are effective only after it in appropriate manner 
published with the understanding that amendments apply during the term of a 
offer the most favorable to the consumer shall prevail. 
Thuiswinkel.org 
www.thuiswinkel.org 
Horaplantsoen 20, 6717 LT Ede 
PO Box 7001, 6710 CB Ede 
Appendix I: Model withdrawal form 
Model withdrawal form 
(this form only complete and return if you wish to withdraw from the contract) 
- To: [name of operator] 
[Geographic address operator] 
[Fax entrepreneur, if available] 
[E-mail address or electronic address of operator] 
- I / We * part / parts * hereby give notice that I / our * contract on 
the sale of the following products: [product description] * 
the provision of the following digital content [designation digital content] * 
the provision of the following service: [service designation] * 
revokes / revoked * 
- Ordered on * / received on * [date order with services or reception in products] 
- [Name of consumer (s)] 
- [Address of consumer (s)] 
- [Signature of consumer (s)] (only if this form is submitted on paper) 
* Delete whichever is not applicable or complete as applicable.

Powered By OpenCart
Neware © 2017