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TERMS AND CONDITIONS

Terms and Conditions of Stichting Webshop Keurmerk

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

These Terms and Conditions will be used by all members of Stichting Webshop Keurmerk, except for financial services as defined in the Financial Supervision Act and insofar as these services are supervised by the Financial Markets Authority.

Table of Contents:

Article 1 – Definitions
Article 2 – Identity of the trader
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 right of withdrawal by the consumer and associated costs
Article 9 – Trader’s obligations in case of withdrawal
Article 10 – Exclusion of right of withdrawal
Article 11 – The price
Article 12 – Performance and additional warranty
Article 13 – Delivery and execution
Article 14 – Continuing performance contracts: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Industry guarantee
Article 19 – Additional or different provisions
Article 20 – Amendment to the general terms and conditions of Stichting Webshop Keurmerk

Article 1 – Definitions
In these terms and conditions, the following definitions apply:
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 supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;
2. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Continuing performance contract: a contract serving to supply goods, services and/or digital content in a given period;
7. Durable medium: any tool – including email – that enables the consumer or trader to store information personally addressed to them in a way that facilitates future consultation or use for a period appropriate to the purpose for which the information is intended, and allows the unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
9. Trader: 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;
10. Distance contract: a contract concluded between the trader and the consumer within the framework of an organized 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;
11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms;
12. Technology for distance communication: means that can be used for concluding a contract, without the consumer and the trader being in the same room at the same time;

Article 2 – Identity of the trader

SportvoedingPRO
Business address: Burgemeester Kasteleinstraat 30 – 1109 BC Amsterdam
Phone number: +31 (0)85 – 0074600 (Monday to Friday 09:00 to 16:30)
Email address: info@sportvoedingpro.nl
Chamber of Commerce number: 97711918
VAT identification number: NL868196368B01
IBAN: NL38RABO0137698534

Article 3 – Applicability
1. These general terms and conditions apply to every offer from the trader and to every distance contract concluded between the trader and consumer.
2. 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 trader will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the trader’s premises and that they will be sent free of charge at the consumer’s request as soon as possible.
3. If the distance contract is concluded electronically, contrary to 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 the consumer can easily store them on a durable medium. 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 free of charge electronically or otherwise at the consumer’s request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to them.

Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the trader.
3. Each offer contains such information that makes it clear to the consumer what rights and obligations are involved in accepting the offer.

Article 5 – The agreement
1. Subject to the provisions in paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
4. Within legal frameworks, the trader may inform himself whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the trader has good grounds to not enter into the agreement based on this investigation, he is entitled to refuse an order or request with reasons or to attach special conditions to the implementation.
5. The trader will send the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, no later than the delivery of the product, service or digital content:
a. the visiting address of the trader’s establishment where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement 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; where applicable, the cost of delivery; and the method of payment, delivery or implementation of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal
1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 90 days without giving reasons. The trader may ask the consumer for the reason for withdrawal but cannot oblige the consumer to state their reason(s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
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 trader may refuse an order of multiple products with different delivery times provided they have clearly informed the consumer of this prior to the ordering process.
b. if the delivery of a product consists of different 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. for agreements regarding regular delivery of products during a specific period: the day on which the consumer, or a third party designated by them, has received the first product.

Article 7 – Consumer’s obligations during the cooling-off period
1. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic 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 value depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for value depreciation of the product if the trader 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 right of withdrawal by the consumer and associated costs
1. If the consumer exercises their right of withdrawal, they shall notify the trader within the cooling-off period using the model withdrawal form or in another unambiguous way.
2. As soon as possible, but within 90 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 trader. This is not necessary if the trader has offered to collect the product himself. The consumer has in any case observed the return period if they return the product before the cooling-off 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 trader.
4. The risk and 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 trader has not reported that the consumer must bear these costs or if the trader indicates that they will bear the costs themselves, the consumer does not have to bear the costs for return shipment.
6. If the consumer withdraws after first explicitly requesting that the provision of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity begins during the cooling-off period, the consumer owes the trader an amount that is proportional to that part of the commitment that has been fulfilled by the trader at the time of withdrawal, compared to the complete fulfillment of the commitment.
7. The consumer shall bear no costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the trader has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the model form for withdrawal, or;
b. the consumer has not explicitly requested the start of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
8. The consumer shall bear no costs for the full or partial delivery of digital content not supplied on a tangible medium if:
a. prior to delivery, they have not explicitly agreed to start performance of the agreement before the end of the cooling-off period;
b. they have not acknowledged losing their right of withdrawal when giving their consent; or
c. the trader has failed to confirm this statement from the consumer.
9. If the consumer exercises their right of withdrawal, all additional agreements are automatically terminated.

Article 9 – Trader’s obligations in case of withdrawal
1. If the trader makes it possible for the consumer to notify withdrawal electronically, they shall send an acknowledgment of receipt of this notification without delay.
2. The entrepreneur shall reimburse 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 them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait with the refund until they have received the product or until the consumer demonstrates that they have returned the product, whichever comes first.
3. The entrepreneur shall use the same payment method for reimbursement that the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of 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, at least in good time before concluding the agreement:
1. 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
2. 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 has the possibility to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full execution of the service, but only if:
a. execution has begun with the consumer’s explicit prior consent; and
b. the consumer has declared that they will lose their right of withdrawal once the entrepreneur has fully executed the agreement;
4. Service agreements for providing accommodation, if the agreement specifies a particular date or period of execution and other than for residential purposes, goods transport, car rental services and catering;
5. Agreements related to leisure activities, if the agreement specifies a particular date or period of execution;
6. Products manufactured according to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;
7. Products that spoil quickly or have limited shelf life;
8. Sealed products that are unsuitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
9. Products that are irreversibly mixed with other products after delivery by their nature;
10. Alcoholic beverages whose price was agreed upon when concluding the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
11. Sealed audio, video recordings and computer software, whose seal has been broken after delivery;
12. Newspapers, periodicals or magazines, with the exception of subscriptions to these;
13. The delivery of digital content other than on a tangible medium, but only if:
a. execution has begun with the consumer’s explicit prior consent; and
b. the consumer has declared that they thereby lose their right of withdrawal.

Article 11 – The price
1. During the validity period stated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can 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 link to fluctuations and the fact that any prices mentioned are recommended prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
a. they result from legal regulations or provisions; or
b. the consumer has the authority to terminate the agreement effective from the day the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

Article 12 – Agreement fulfillment and extra guarantee
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An extra guarantee provided by the entrepreneur, their supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the entrepreneur based on the agreement if the entrepreneur has failed to fulfill their part of the agreement.
3. Extra guarantee means 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 required to do in case they have failed to fulfill their part of the agreement.

Article 13 – Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. Taking into account what is stated about this in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at least 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 partially, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs.
4. After termination in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur, unless explicitly agreed otherwise.

Article 14 – Continuing performance contracts: duration, termination and renewal
Termination:
1. The consumer can terminate an agreement that has been 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.
2. The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.
3. 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 during a specific period;
– at least terminate them in the same way as they were entered into by them;
– always terminate them with the same notice period as the entrepreneur has stipulated for themselves.
Extension:
4. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a fixed duration.
5. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer can terminate 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 definite period and which extends to the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement extends to the regular, but less than once per month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with limited duration for the regular delivery of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period.
Duration:
8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after a year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 15 – Payment
1. Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may 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 order or service(s) before the stipulated advance payment has taken place.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. If the consumer fails to meet their payment obligation(s) in time, after being informed by the entrepreneur of the late payment and the entrepreneur has 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 owed on the amount still due 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 mentioned amounts and percentages in favor of the consumer.

Article 16 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints according to this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, complete and clearly described.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt 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 Stichting Webshop Keurmerk website (http://keurmerk.info/Home/MisbruikOfKlacht). The complaint will then be sent to both the relevant entrepreneur and Stichting Webshop Keurmerk.
5. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after submitting the complaint, a dispute arises that is subject to the dispute settlement procedure.

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 about the formation or execution of agreements regarding products and services to be delivered or delivered by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Geschillencommissie Webshop, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl).
3. 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.
4. The dispute must be submitted to the Disputes Committee in writing no later than three months after the dispute has arisen.
5. When the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. When the entrepreneur wants to do this, the consumer will have to state in writing within five weeks after a written request made by the entrepreneur whether they also desire this or want the dispute to be handled by the competent court. If the entrepreneur does not receive the consumer’s choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee makes its decision under the conditions as established in the regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop). The decisions of the Disputes Committee are made by way of binding advice.
7. The Disputes Committee will not handle a dispute or will cease handling it if the entrepreneur has been granted a suspension of payments, has gone bankrupt, or has effectively terminated their business activities before the dispute has been heard by the committee in session and a final ruling has been issued.
8. If, besides the Webshop Disputes Committee, another recognized disputes committee affiliated with the Consumer Disputes Committees Foundation (SGC) or the Financial Services Complaints Institute (Kifid) is competent, then for disputes mainly concerning distance selling or service provision methods, the Webshop Trustmark Foundation Disputes Committee shall preferably have jurisdiction. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid shall have jurisdiction.

Article 18 – Industry guarantee
1. The Webshop Trustmark Foundation guarantees compliance with binding recommendations of the Webshop Trustmark Foundation Disputes Committee by its members, unless the member decides to submit the binding recommendation for review to a court within two months of its dispatch. This guarantee is reinstated if the binding recommendation is upheld after court review and the judgment confirming this has become final. The Webshop Trustmark Foundation will pay out up to a maximum amount of €10,000 per binding recommendation to the consumer. For amounts exceeding €10,000 per binding recommendation, €10,000 will be paid out. For the excess amount, the Webshop Trustmark Foundation has a best-efforts obligation to ensure that the member complies with the binding recommendation.
2. To apply for this guarantee, the consumer must make a written appeal to the Webshop Trustmark Foundation and transfer their claim against the entrepreneur to the Webshop Trustmark Foundation. If the claim against the entrepreneur exceeds €10,000, the consumer will be offered to transfer their claim exceeding the amount of €10,000 to the Webshop Trustmark Foundation, after which this organization will pursue payment in its own name and at its own expense to satisfy the consumer.

Article 19 – Additional or Different Provisions
Additional provisions or provisions that differ from these general terms and conditions may not be to the consumer’s disadvantage 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.

Article 20 – Amendment of the Webshop Trustmark Foundation General Terms and Conditions
1. The Webshop Trustmark Foundation will not amend these general terms and conditions except in consultation with the Consumers’ Association.
2. Amendments to these terms will only take effect after they have been published in an appropriate manner, with the understanding that in case of applicable changes during the term of an offer, the provision most favorable to the consumer shall prevail.

Address Webshop Trustmark Foundation:
Willemsparkweg 193, 1071 HA Amsterdam

Appendix I: Model Withdrawal Form
Model Withdrawal Form

(only complete and return this form if you wish to withdraw from the agreement)

– To: SportvoedingPRO
Burgemeester Kasteleinstraat 30 – 1109 BC Amsterdam
E-mail: info@sportvoedingpro.nl

– I/We* hereby give notice that I/we* withdraw from our agreement regarding
the sale of the following products: [aanduiding product]*
the delivery of the following digital content: [aanduiding digitale inhoud]*
the provision of the following service: [aanduiding dienst]*,
withdraw(s)*

– Ordered on*/received on* [datum bestelling bij diensten of ontvangst bij producten]

– [Consumer(s) name]

– [Consumer(s) address]

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

* Delete as appropriate or fill in what applies.