Deltron General Terms and Conditions

These General Terms and Conditions of Stichting Webshop Keurmerk (Webshop Quality Mark Foundation) have been drawn up in consultation with the Consumentenbond (Dutch Consumers' Association) in the context of the Self-Regulation Consultation Coordination Group (CZ) of the Social and Economic Council and come into effect on 1 June 2014.

These General Terms and Conditions will be used by all members of the Stichting Webshop Keurmerk, with the exception of financial services as referred to in the Financial Supervision Act and insofar as these services are supervised by the Netherlands Authority for the Financial Markets.

Table of Contents:

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Consumer's obligations during the cooling-off period
Article 8 - Exercise of the consumer's right of withdrawal and its costs
Article 9 - Entrepreneur's obligations in case of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Performance and extra guarantee
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Industry guarantee
Article 19 - Additional or deviating provisions
Article 20 - Amendment of the general terms and conditions of Stichting Webshop Keurmerk

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are delivered by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Continuing performance contract: an agreement that extends to the regular delivery of goods, services and/or digital content over a specified period;
Durable data carrier: any tool - including email - that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows for future consultation or use for a period tailored to the purpose for which the information is intended, and which allows for unchanged reproduction of the stored information;
Right of withdrawal: the consumer's option 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 to consumers at a distance;
Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organised system for distance selling of products, digital content and/or services, whereby, up to and including the conclusion of the contract, exclusive or partial use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be simultaneously present in the same space;

Article 2 – Identity of the entrepreneur

Deltron
Tweede Dwarsdiep 7
9515PP Gasselternijveenschemond
The Netherlands
+31 (0) 599 20 23 86
Chamber of Commerce number: 59768185
VAT identification number: NL853636795B01

If the entrepreneur's activity is subject to a relevant licensing system: the data on the supervisory authority;

If the entrepreneur practices a regulated profession:

the professional association or organisation to which he is affiliated;
the professional title, the place in the EU or the European Economic Area where it was granted;
a reference to the professional rules applicable in the Netherlands and indications where and how these professional rules are accessible.

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 will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, in derogation from 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 stored by the consumer on a durable data carrier in a simple manner. If this is not reasonably possible, it will 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 electronically or otherwise at the consumer's 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 apply mutatis mutandis, and in the event of conflicting terms and conditions, the consumer can always invoke the applicable provision that is most favourable to them.

Article 4 – The offer

If an offer has a limited validity period or is made 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 obvious 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 attached to the acceptance of the offer.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set forth therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer by electronic means. 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 concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can - within legal frameworks - inquire whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
The entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content:
- the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
- the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about guarantees and existing after-sales service;
- the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
- the requirements for termination of the contract if the contract 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 continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal (not applicable to business (B2B) purchases)

For the delivery of products and services to B2C:

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must do this by means of the model form. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
If the customer has not expressed their wish to exercise their right of withdrawal or has not returned the product to the entrepreneur after the periods specified in paragraphs 2 and 3 have expired, the purchase is final.
In the event of delivery of services, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, starting on the day of entering into the agreement.
To exercise their right of withdrawal, the consumer will adhere to the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Consumer's obligations during the cooling-off period

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine its nature, characteristics and functioning. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to in a shop. The consumer may not actually use, register or test the product if the buyer does not yet know whether they will actually keep the product. Deltron may charge a fee if, after return, it appears that the product has been used, registered or tested.
The consumer is only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any diminished value of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the consumer's right of withdrawal and its costs

If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the cooling-off period by means of the model withdrawal form or by other clear declaration.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has in any case complied with the return period if they return the product before the cooling-off period has expired.
The consumer returns the product with all delivered 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 correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. .
The consumer does not bear costs for the complete or partial delivery of digital content not delivered on a material carrier if: they have not explicitly consented to the commencement of the performance of the contract before the end of the cooling-off period;
they have not acknowledged losing their right of withdrawal when giving their consent; or
the entrepreneur has failed to confirm this statement from the consumer.
If the consumer exercises their right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 9 – Entrepreneur's obligations in case of withdrawal

If the entrepreneur makes it possible for the consumer to notify their withdrawal electronically, they will send an acknowledgement of receipt immediately after receiving this notification.
The entrepreneur will 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 them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait with reimbursement until they have received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.
The entrepreneur uses the same payment method for reimbursement as 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 obliged to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of right of withdrawal (see also return policy)

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period.
Agreements concluded during a public auction. A public auction means a sales method where products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and 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 begun with the express prior consent of the consumer; and the consumer has declared that they lose their 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 of performance thereof;
Products manufactured according to the consumer's specifications, which are not prefabricated and are manufactured based on 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 that are irrevocably mixed with other products after delivery due to their nature;
Alcoholic beverages whose price was agreed upon when the contract was concluded, but whose delivery can only take place after 30 days, and whose actual value 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, periodicals or magazines, with the exception of subscriptions thereto;
The delivery of digital content other than on a material carrier, but only if:
- the performance has begun with the express prior consent of the consumer; and the consumer has declared that they thereby lose their 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 due to changes in VAT rates.
In derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices, will 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 legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of legal regulations or provisions; or
b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.

Article 12 – Performance of the agreement and extra guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the entrepreneur, their supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil their part of the agreement.
An additional guarantee is understood to mean any commitment by the entrepreneur, their 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 case they have failed to fulfil their part of the agreement.

Article 13 – Delivery and execution

The entrepreneur will 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 made known to the entrepreneur.
With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will 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 or can only be executed in part, the consumer will be informed of this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will 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 representative designated in advance and made known to the entrepreneur, unless expressly otherwise agreed.

Article 14 – Duration transactions: duration, termination and extension

Termination:

The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time against the end of the definite period with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
- at any time and not be limited to termination at a specific time or in a specific period;
- at least in the same manner as they were entered into by them;
- always with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
In derogation from the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement against the end of the extension with a notice period of no more than one month.
An agreement entered into for a definite period and which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. The notice period is no more than three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after 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 no more than one month, unless reasonableness 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 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.
When selling products to consumers, the consumer can never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has taken place.
The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
If the consumer does not meet their payment obligation(s) on time, after having been informed by the entrepreneur of the late payment and the entrepreneur having granted the consumer a period of 14 days to still meet their payment obligations, after failure to pay within this 14-day period, the statutory interest will be due on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. 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 next €5,000, with a minimum of €40. The entrepreneur can deviate from the stated amounts and percentages in favour of the consumer.

Article 16 – Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
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 a notice of receipt and an indication of when the consumer can expect a more detailed answer.
A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaint form on the consumer page of the website of Stichting Webshop Keurmerk (http://keurmerk.info/Home/MisbruikOfKlacht). The complaint will then be sent to both the relevant entrepreneur and Stichting Webshop Keurmerk.
If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after the complaint has been submitted, a dispute arises that is subject to the dispute settlement procedure.

Article 17 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Disputes between the consumer and the entrepreneur about the conclusion or execution of agreements regarding products and services to be delivered or already delivered by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Disputes Committee Webshop, Postbus 90600, 2509 LP The Hague (sgc.nl).
A dispute will only be handled by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable time.
No later than twelve months after the dispute arose, the dispute must be submitted in writing to the Disputes Committee.
When 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 from the entrepreneur whether they also wish to do so or wish 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 rules under the conditions as set out in the regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/de- commissies/2701/webshop). The decisions of the Disputes Committee are binding.
The Disputes Committee will not handle a dispute or will discontinue its handling if the entrepreneur has been granted a moratorium on payments, has been declared bankrupt or has actually ceased its business activities before a dispute has been heard by the committee at a session and a final decision has been rendered.
If, in addition to the Webshop Disputes Committee, another recognised disputes committee affiliated with the Foundation for Consumer Complaints Boards (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Disputes Committee Stichting Webshop Keurmerk is preferred for disputes concerning mainly the method of distance selling or service provision. For all other disputes, the other recognised disputes committee affiliated with SGC or Kifid.

Article 18 – Industry guarantee

Stichting Webshop Keurmerk guarantees the compliance with the binding advice of the Disputes Committee Stichting Webshop Keurmerk by its members, unless the member decides to submit the binding advice to the court for review within two months after its dispatch. This guarantee revives if the binding advice has been upheld after review by the court and the judgment demonstrating this has become final and conclusive. Up to a maximum of €10,000 per binding advice, this amount will be paid out by Stichting Webshop Keurmerk to the consumer. For amounts exceeding €10,000 per binding advice, €10,000 will be paid out. For the remainder, Stichting Webshop Keurmerk has a best-efforts obligation to ensure that the member complies with the binding advice.
For the application of this guarantee, it is required that the consumer makes a written appeal to Stichting Webshop Keurmerk and transfers their claim against the entrepreneur to Stichting Webshop Keurmerk. If the claim against the entrepreneur exceeds €10,000, the consumer will be offered to transfer their claim for the amount exceeding €10,000 to Stichting Webshop Keurmerk, after which this organisation will request payment in court in its own name and at its own expense to satisfy the consumer.

Article 19 – Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 20 – Amendment of the general terms and conditions of Stichting Webshop Keurmerk

Stichting Webshop Keurmerk will not amend these general terms and conditions other than in consultation with the Consumentenbond (Dutch Consumers' Association).
Changes to these terms and conditions are only effective after they have been published in the appropriate manner, with the understanding that for applicable changes during the term of an offer, the provision most favourable to the consumer will apply.

Address Stichting Webshop Keurmerk: Weteringschans 108 1017 XS Amsterdam