General Terms and Conditions Thuiswinkel - Tuur®
General terms and conditions
General terms and conditions Thuiswinkel.org
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 reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in case of 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 - Duration transactions: duration, termination, and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Industry guarantee
Article 19 - Additional or divergent provisions
Article 20 - Amendment of the General Terms and Conditions of Thuiswinkel.org
Article 1 - Definitions
In these conditions, the following terms shall mean:
1. 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 on the basis of an arrangement between that third party and the entrepreneur;
2. Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his trade, business, craft, or professional activity;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Duration contract: an agreement aimed at the regular delivery of goods, services, and/or digital content over a specified period;
7. Durable medium: any tool - including email - that enables the consumer or entrepreneur to store information addressed to him 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;
8. Right of withdrawal: the option for the consumer to opt out of the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content, and/or services at a distance to consumers;
10. Distance contract: an agreement entered into between the entrepreneur and the consumer within the framework of an organized system for the distance selling of products, digital content, and/or services, whereby exclusively or partly, one or more techniques for distant communication are used up to and including the conclusion of the agreement;
11. Standard form for withdrawal: the European standard form for withdrawal included in Annex I of these conditions; Annex I does not have to be made available if the consumer has no right of withdrawal with respect to his order;
12. Technique for distant communication: a means that can be used for the conclusion of an agreement, without the consumer and entrepreneur needing to have come together in the same space simultaneously.
Article 2 - Identity of the entrepreneur
Name of entrepreneur: Revor Group nv
Acting under the name(s): Tuur®
Establishment address: Noordlaan 2 8520 Kuurne (Belgium)
Telephone number: +318004848484
Availability: From Monday to Thursday from 08:30 to 17:00
From Friday to Friday from 08:30 to 16:00
E-mailaddress: service@tuur.shop
Chamber of Commerce number: 0417941227 Belgium
VAT number: BE0417941227
Article 3 - Applicability
1. 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.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will, 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 to the consumer as soon as possible free of charge upon request.
3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or in another manner free of charge upon request.
4. In the event that specific product or service conditions are also applicable in addition to these general terms and conditions, the second and third paragraph are of corresponding application, and in case of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to him.
Article 4 - The offer
1. If an offer is subject to a limited validity period or conditions, this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the products, digital content, and/or services being offered. The description is sufficiently detailed to enable a consumer to make a good assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Every offer contains such information that it is clear to the consumer what the rights and obligations are that are tied to the acceptance of the offer.
Article 5 - The Agreement
1. The agreement, subject to the provision in paragraph 4, is concluded at the moment the consumer accepts the offer and meets the conditions set forth.
2. If the consumer has accepted the offer via electronic means, the entrepreneur will immediately confirm the receipt of the offer acceptance electronically. As long as the entrepreneur has not confirmed this acceptance, the consumer can dissolve the agreement.
3. If the agreement is made electronically, the entrepreneur will implement suitable technical and organisational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can make payments electronically, the entrepreneur will take appropriate security measures.
4. Within legal frameworks, the entrepreneur may inform themselves whether the consumer can meet their payment obligations, as well as all the facts and factors that are important for responsibly entering into a distance agreement. If the entrepreneur, based on this investigation, has good grounds to not enter into the agreement, they are authorized to refuse an order or request with reasons or to attach special conditions to the execution.
5. At the latest upon delivery of the product, service, or digital content to the consumer, the entrepreneur will include the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visit address of the entrepreneur's establishment where the consumer can address complaints;
b. the conditions under which and the way in which the consumer can use the right of withdrawal, or a clear message regarding the exclusion of the right of withdrawal;
c. the information about warranties and existing after-sales service;
d. the price including all taxes of the product, service, or digital content; if applicable, delivery costs; and the method of payment, delivery, or performance of the distance agreement;
e. the requirements for terminating the agreement if the agreement lasts more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
Article 6 - Right of withdrawal For products:
1. The consumer can terminate a contract relating to the purchase of a product during a reflection period of 120 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot compel them to provide their reason(s).
2. The reflection period mentioned in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may, provided that he has informed the consumer clearly about this prior to the ordering process, refuse an order of multiple products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part; c. in the case of agreements for regular delivery of products during a set period: the day on which the consumer, or a third party designated by them, has received the first product. For services and digital content not supplied on a tangible medium:
3. The consumer can terminate a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during a reflection period of 120 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot compel them to provide their reason(s).
4. The reflection period mentioned in paragraph 3 begins on the day following the conclusion of the contract. Extended reflection period for products, services, and digital content not supplied on a tangible medium in case of failure to inform about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period determined in accordance with the preceding paragraphs of this article.
6. If the entrepreneur has provided the information referred to in the preceding paragraph to the consumer within twelve months from the start date of the original reflection period, the reflection period expires 120 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to determine the product's nature, characteristics, and functioning. The principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
2. The consumer is only liable for any diminution in the product's value that results from handling the product beyond what is allowed in paragraph 1. 3
The consumer is not liable for any diminution in the product's value if the entrepreneur has not provided the consumer with all the legally required information about the right of withdrawal before or at the time of concluding the contract.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer uses his right of withdrawal, he shall inform the entrepreneur within the reflection period by means of the model withdrawal form or in another unequivocal manner.
2. 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 has observed the return period in any case if he returns the product before the reflection period has expired.
3. The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. 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 to bear the costs himself, the consumer does not have to bear the costs of return.
6. If the consumer revokes after having expressly requested that the provision of the service or the delivery of gas, water, or electricity not made ready for sale in a limited volume or certain amount commence during the reflection period, the consumer owes the entrepreneur an amount that is proportional to that part of the commitment that has been fulfilled by the entrepreneur at the moment of withdrawal, compared with the full fulfilment of the commitment.
7. The consumer shall not bear any costs for the performance of services or the delivery of water, gas, or electricity, which are not made ready for sale in a limited volume or quantity, or for the delivery of district heating, if:
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost compensation upon withdrawal, or the model withdrawal form; or,
b. the consumer has not expressly requested the start of the performance of the service or delivery of gas, water, electricity, or district heating during the reflection period.
8. The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
a. he has not expressly agreed prior to the delivery to start the performance of the agreement before the end of the reflection period;
b. he has not acknowledged to lose his right of withdrawal upon granting his consent; or,
c. the entrepreneur has failed to confirm this declaration from the consumer.
9. If the consumer exercises his right of withdrawal, all additional agreements are dissolved by law.
Article 9 - Obligations of the entrepreneur in case of revocation
1. If the entrepreneur makes it possible for the consumer to notify revocation electronically, he shall send a confirmation of receipt immediately after receiving this notification.
2. The entrepreneur refunds all payments made by the consumer, including any delivery costs charged by the entrepreneur 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 collect the product himself, he may withhold reimbursement until he has received the product back, or until the consumer has supplied evidence of having sent back the product, whichever is earlier.
3. For the reimbursement, the entrepreneur uses the same means of payment that the consumer used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
4. If the consumer has opted for a method of delivery more expensive 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 withdrawal
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 a timely manner before the conclusion of the contract:
1. Products or services whose price is tied to fluctuations in the financial market over which the entrepreneur has no control and which can occur within the withdrawal period
2. Agreements concluded during a public auction. A public auction refers to a sales method in which 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 guidance of an auctioneer, and where the successful bidder is obligated to take the products, digital content, and/or services;
3. Service agreements, after full performance of the service, but only if:
a. the performance has begun with the explicit prior consent of the consumer; and
b. the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully executed the contract;
4. Package travel as referred to in Article 7:500 of the Civil Code and contracts for passenger transport;
5. Service agreements for the provision of accommodation, if in the contract a specific date or period of performance is provided for and other than for residential purposes, goods transport, car rental services, and catering;
6. Contracts relating to leisure activities, if in the contract a specific date or period of performance thereof is provided for;
7. Products made according to the consumer’s specifications, which are not prefabricated and which are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
8. Products that perish quickly or have a limited shelf life;
9. Sealed products which are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
10. Products which by their nature are irrevocably mixed with other products after delivery;
11. Alcoholic beverages the price of which was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value is dependent on fluctuations in the market over which the entrepreneur has no control;
12. Sealed audio, video recordings, and computer software, whose seal has been broken after delivery;
13. Newspapers, periodicals, or magazines, with the exception of subscriptions to them;
14. The delivery of digital content other than on a tangible medium, but only if:
a. the execution has begun with the explicit prior consent of the consumer; and
b. the consumer has stated that he thereby loses his right of withdrawal.
Article 11 - The price
1. Throughout the validity period mentioned 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.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This tiedness to fluctuations and the fact that any prices mentioned are indicative prices are stated in the offer.
3. Price increases within 3 months after the agreement has been made are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the agreement has been made are only allowed if the entrepreneur has stipulated this and: a. they are the result of statutory regulations or provisions; or b. the consumer has the right to terminate the agreement effective from the day the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
Article 12 - Compliance with the Agreement and Extra Warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing at the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An extra warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can enforce against the entrepreneur in the event the entrepreneur has failed to fulfill their part of the agreement.
3. Extra warranty is defined as 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 obligated to in the event they have failed in the fulfillment of their part of the agreement.
Article 13 - Delivery and execution
1. The entrepreneur shall exercise the utmost care in receiving and executing product orders and in assessing requests for the provision of services.
2. The place of delivery shall be the address that the consumer has made known to the entrepreneur.
3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with all due speed but at the latest within 30 days, unless another delivery period has been agreed upon. If delivery experiences a delay, or if an order cannot be executed or can only be partially executed, the consumer shall be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.
4. Upon dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer without delay.
5. The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a pre-designated and to the entrepreneur known representative, unless explicitly agreed otherwise.
Article 14 - Duration transactions: duration, cancellation, and extension
Cancellation:
1. The consumer may cancel an agreement entered into for an indefinite period of time, which involves the regular delivery of products (including electricity) or services, at any time, by adhering to the agreed-upon cancellation rules and a notice period of no more than one month.
2. The consumer may cancel an agreement entered into for a fixed period of time, which involves the regular delivery of products (including electricity) or services, at any time towards the end of the fixed duration, by adhering to the agreed-upon cancellation rules and a notice period of no more than one month.
3. The consumer may cancel the agreements mentioned in the preceding sections: a. at any time and not be limited to cancelling at a specific time or in a specific period; b. at least in the same manner in which they were entered into by him; c. always with the same notice period that the entrepreneur has stipulated for themselves.
Extension:
4. An agreement entered into for a fixed period of time, which involves the regular delivery of products (including electricity) or services, may not be extended or renewed for a fixed duration tacitly.
5. Deviating from the previous paragraph, an agreement entered into for a fixed period of time, which involves the regular delivery of daily, news, and weekly papers and magazines, may be tacitly extended for a fixed duration of a maximum of three months, if the consumer can cancel this extended agreement towards the end of the extension with a notice period of no more than one month.
6. An agreement entered into for a fixed period of time, which involves the regular delivery of products or services, may only be extended tacitly for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months in the case the agreement involves the regular, but less than once a month, delivery of daily, news, and weekly papers and magazines.
7. An agreement of limited duration for the regular trial delivery of daily, news, and weekly papers and magazines (trial or introductory subscription) is not tacitly continued and automatically ends after the trial or introductory period expires.
Duration:
8. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after a year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.
Article 15 - Payment
1. Unless otherwise specified in the agreement or additional conditions, the amounts due by the consumer must be paid within 14 days after the commencement of the reflection period, or in the absence of a reflection period within 14 days after concluding the agreement. In the case of an agreement to provide a service, this term starts on the day after the consumer has received the confirmation of the agreement.
2. In selling products to consumers, a consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. When an 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 been made.
3. The consumer has the duty to report inaccuracies in payment details provided or stated without delay to the entrepreneur.
4. If the consumer does not fulfill his payment obligations in time, he is, after being notified by the entrepreneur of the late payment and after the entrepreneur has granted him a period of 14 days starting the day after receipt of the demand, to still fulfill his payment obligations, due the statutory interest on the amount still owed after failing to pay within this 14-day term, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. 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 may deviate from the mentioned amounts and percentages in favor of the consumer.
Article 16 - Complaints Procedure
1. The entrepreneur has a complaints procedure which is sufficiently publicized and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable period of time after the consumer has discovered the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur will be responded to 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 period of 14 days with a receipt notice and an indication when the consumer can expect a more detailed answer.
4. 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 Thuiswinkel.org website www.thuiswinkel.org. The complaint is then sent to both the entrepreneur in question and to Thuiswinkel.org.
5. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is eligible for the dispute resolution process.
Article 17 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. Disputes between the consumer and the entrepreneur regarding the formation or performance of agreements related to products and services to be delivered or delivered by this entrepreneur can, with due observance of the following, be submitted by both the consumer and the entrepreneur to the Dispute Committee Thuiswinkel, Postbus 90600, 2509 LP in The Hague (www.sgc.nl).
3. A dispute will only be handled by the Dispute Committee if the consumer has first submitted the complaint to the entrepreneur within a reasonable period.
4. If the complaint does not lead to a solution, then the dispute must be submitted to the Dispute Committee in writing or in another form determined by the Committee, no later than 12 months after the date on which the consumer filed the complaint with the entrepreneur.
5. When the consumer wants to submit a dispute to the Dispute Committee, the entrepreneur is bound by this choice. Preferably, the consumer notifies the entrepreneur of this first.
6. When the entrepreneur wants to submit a dispute to the Dispute Committee, the consumer must express in writing within five weeks after a request made in writing by the entrepreneur, whether he wishes to do so as well or wants the dispute to be handled by the competent court. If the entrepreneur does not receive the consumer's decision within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
7. The Dispute Committee will issue a decision under the conditions as established in the regulations of the Dispute Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Dispute Committee are made by way of binding advice.
8. The Dispute Committee will not handle a dispute or will cease handling it, if the entrepreneur has been granted a suspension of payment, has declared bankruptcy, or has actually terminated its business activities, before a dispute has been handled at a hearing by the committee and a final decision has been made.
9. If besides the Dispute Committee Thuiswinkel another recognized dispute committee is competent, or a dispute committee affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Complaints Institute Financial Services (Kifid), the Dispute Committee Thuiswinkel is preferably competent for disputes mainly concerning the method of sale or remote service provision. For all other disputes, the other recognized dispute committee affiliated with SGC or Kifid is competent.
Article 18 - Industry Guarantee
1. Thuiswinkel.org guarantees the fulfillment of the binding decisions of the Thuiswinkel Disputes Committee by its members, unless the member decides to submit the binding decision for judicial review within two months after its dispatch. This guarantee will be reinstated if the binding decision is upheld after judicial review and the judgment confirming this becomes final and conclusive. Up to a maximum amount of €10,000 per binding decision, this amount will be paid out to the consumer by Thuiswinkel.org. For amounts greater than €10,000 per binding decision, €10,000 will be paid out. For the excess, Thuiswinkel.org has an obligation to make an effort to ensure that the member complies with the binding decision.
2. To apply this guarantee, it is required that the consumer makes a written appeal to Thuiswinkel.org and that he transfers his claim on the entrepreneur to Thuiswinkel.org. If the claim on the entrepreneur exceeds €10,000, the consumer is offered to transfer the part of his claim exceeding the amount of €10,000 to Thuiswinkel.org, after which this organization will seek payment thereof in its own name and at its own expense in court, in order to satisfy the consumer.
Article 19 - Supplementary or deviating provisions
Supplementary or from these general conditions deviating provisions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Artikel 20 - Wijziging van de Algemene Voorwaarden Thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
Appendix I: Withdrawal Model Form
Withdrawal Model Form
(fill out and return this form only if you want to withdraw from the contract)
a. To: [name of entrepreneur]
[geographic address of entrepreneur]
[fax number of entrepreneur, if available]
[email or electronic address of entrepreneur]
b. I/We* hereby inform you that I/we* withdraw from our contract concerning
the sale of the following products: [description of product]*
the delivery of the following digital content: [description of digital content]*
the provision of the following service: [description of service]*,
withdraw/withdraws*
c. Ordered on*/received on* [date of order for services or date of receipt for products]
d. [Name of consumer(s)]
e. [Address of consumer(s)]
f. [Signature of consumer(s)] (only when this form is submitted on paper)
g. [Date] * Cross out what does not apply or fill in what applies.