Terms and Conditions

Table of Contents

1. Definitions
2. Identity of the Entrepreneur
3. Applicability
4. The Offer
5. The Agreement
6. Right of Withdrawal
7. Consumer Obligations During the Cooling-Off Period
8. Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
9. Obligations of the Entrepreneur in Case of Withdrawal
10. Exclusion of the Right of Withdrawal
11. The Price
12. Performance of the Agreement and Additional Guarantee
13. Delivery and Execution
14. Duration Transactions: Duration, Termination and Renewal
15. Payment
16. Complaints Procedure
17. Disputes
18. Industry Guarantee
19. Additional or Deviating Provisions
20. Amendment of the Stichting Webshop Keurmerk Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Supplementary agreement: an agreement under which 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 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 may make use of the right of withdrawal;
3. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Extended duration agreement: an agreement for the regular supply of goods, services and/or digital content during a specified period;
7. Durable medium: any instrument – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way accessible for future reference or use for a period appropriate to the purpose of the information, and which allows unchanged reproduction of the stored information;
8. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby exclusive or additional use is made of one or more means of distance communication up to and including the conclusion of the agreement;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
12. Means of distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being together in the same place at the same time.

Article 2 – Identity of the Entrepreneur

Maison Sabrage
Jan Tinbergenstraat 18A
2811 DZ Reeuwijk
The Netherlands
Telephone: +31 182 761233
Chamber of Commerce number: 28100284
VAT identification number: NL002053778B03

Article 3 – Applicability

1. These 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 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 terms and conditions can be inspected and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, then contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon request.
4. If, in addition to these general terms and conditions, specific product or service conditions apply, paragraphs 2 and 3 apply accordingly and, in the event of conflicting conditions, the consumer may always invoke 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 subject to conditions, this will be expressly 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 entrepreneur uses images, these are a truthful representation of the offered products, services and/or digital content. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer.

Article 5 – The Agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the stated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur 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 entrepreneur will observe appropriate security measures.
4. Within legal frameworks, the entrepreneur may investigate whether the consumer can meet payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to execution.
5. No later than upon delivery of the product, service or digital content to the consumer, the entrepreneur will provide the following information in writing or in such a way that the consumer can store it accessibly on a durable medium:
   1. the visiting address of the entrepreneur’s establishment where the consumer can submit complaints;
   2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding exclusion of the right of withdrawal;
   3. information on guarantees and existing after-sales service;
   4. the price, including all taxes, of the product, service or digital content; insofar as applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
   5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
   6. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of an extended duration transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

For products:

1. The consumer may cancel an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but may not 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:
   1. 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 refuse an order for several products with different delivery times, provided he has clearly informed the consumer of this before the ordering process;
   2. 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;
   3. for agreements for regular delivery of products over a fixed 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 may cancel a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state their reason(s).
4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period if information on the right of withdrawal is not provided:

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 cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the day the consumer received that information.

Article 7 – Consumer Obligations During the Cooling-Off Period

1. During the cooling-off period, the consumer must handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
2. 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.
3. The consumer is not liable for diminished value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before or upon conclusion of the agreement.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

1. If the consumer exercises the right of withdrawal, they shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous way.
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 the entrepreneur (or an authorized representative of the entrepreneur). This is not required if the entrepreneur has offered to collect the product themselves. In any event, the consumer has observed the return period if the product is returned before the cooling-off period has expired.
3. The consumer shall return 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 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 that they will bear the costs themselves, the consumer does not have to pay the return costs.
6. If the consumer withdraws after having expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or quantity commence during the cooling-off period, the consumer owes the entrepreneur an amount proportional to that part of the commitment which has been fulfilled by the entrepreneur at the moment of withdrawal, compared with full performance of the commitment.
7. The consumer bears no costs for the performance of services or the supply of water, gas or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
   1. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, reimbursement of costs upon withdrawal, or the model withdrawal form; or
   2. the consumer did not expressly request commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
8. The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium if:
   1. the consumer did not expressly agree, prior to delivery, to commencing performance of the agreement before the end of the cooling-off period;
   2. the consumer did not acknowledge losing the right of withdrawal when giving consent; or
   3. the entrepreneur failed to confirm this statement from the consumer.
9. If the consumer exercises the right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

1. If the entrepreneur makes notification of withdrawal by electronic means possible, they will immediately send confirmation of receipt after receiving this notification.
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 and 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 repayment until they have received the product or until the consumer demonstrates that the product has been returned, whichever is earlier.
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 chose 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 the Right of Withdrawal

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

1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction means a method of sale whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
   1. performance has begun with the consumer’s express prior consent; and
   2. the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;
4. 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;
5. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;
6. Products manufactured according to the consumer’s specifications, which are not prefabricated and which are made on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
9. Products that are, by their nature, irreversibly mixed with other products after delivery;
10. Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but delivery of which can only take place after 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur’s control;
11. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
12. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
13. The supply of digital content other than on a tangible medium, but only if:
    1. performance has begun with the consumer’s express prior consent; and
    2. 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 offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
2. Contrary to 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 control, at variable prices. This dependency on fluctuations and the fact that any stated prices are target prices will be stated in the offer.
3. Price increases within 3 months after conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
   1. they result from statutory regulations or provisions; or
   2. the consumer has the authority to terminate the agreement as from the day the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

Article 12 – Performance of the Agreement and Additional Guarantee

1. 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 conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill its part of the agreement.
3. Additional guarantee means any commitment by the entrepreneur, its supplier, importer or manufacturer granting the consumer certain rights or claims that go beyond what they are legally obliged to provide if they have failed to fulfill their part of the agreement.

Article 13 – Delivery and Execution

1. The entrepreneur shall exercise the utmost 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 made known by the consumer to the entrepreneur.
3. Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur shall 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 or can only partially be executed, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur shall 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 to a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Duration Transactions: Duration, Termination and Renewal

Termination:

1. The consumer may 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, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may 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 towards the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:
   • at any time and not be limited to termination at a specific time or during a specific period;
   • at least in the same way as they were entered into by the consumer;
   • always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal:

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 tacitly renewed or extended for a fixed period.
5. Contrary to the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily newspapers, news papers, weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, if the consumer may terminate this renewed agreement towards the end of the renewal 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 tacitly renewed for an indefinite period if the consumer may terminate it 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 a month, delivery of daily newspapers, news papers, weekly newspapers and magazines.
7. An agreement of limited duration for the regular delivery of daily newspapers, news papers, weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends 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 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

1. Unless otherwise stated in the agreement or supplementary conditions, the amounts owed by the consumer must be paid within 14 days after commencement of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after conclusion of the agreement. In the case of a service agreement, this period starts on the day after the consumer has received confirmation of the agreement.
2. In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. If advance payment has been agreed, the consumer may not assert any right regarding execution of the relevant order or service(s) before the agreed advance payment has been made.
3. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. If the consumer does not meet their payment obligation(s) in time, after being informed by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to still meet the payment obligations, the consumer shall owe statutory interest on the amount still due after failure to pay within this 14-day period, and the entrepreneur is entitled to charge 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 next €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from the stated amounts and percentages in favor of the consumer.

Article 16 – Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur will be answered within 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 an acknowledgment of receipt and an indication of 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. The complaint will then be sent both to the entrepreneur concerned and to Stichting Webshop Keurmerk.
5. If the complaint cannot be resolved in mutual consultation within a reasonable period or within 3 months after submitting the complaint, a dispute arises that is subject to the dispute resolution 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 concerning the conclusion or performance of agreements relating to products and services to be delivered or delivered by this entrepreneur may, subject to the provisions below, be submitted by either the consumer or the entrepreneur to the Webshop Disputes Committee, Postbus 90600, 2509 LP The Hague, The Netherlands.
3. A dispute will only be handled by the Disputes Committee if the consumer has first submitted the complaint to the entrepreneur within a reasonable time.
4. No later than three months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by that choice. If the entrepreneur wishes to do so, the consumer must declare in writing within five weeks after a written request from the entrepreneur whether they also wish this or wish to have the dispute dealt with 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 gives its ruling under the conditions laid down in the regulations of the Disputes Committee. 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 suspension of payments, has been declared bankrupt, or has effectively ceased business activities before the dispute has been dealt with by the committee at the hearing and a final ruling has been issued.
8. If, in addition to the Webshop Disputes Committee, another recognized disputes committee affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, the Stichting Webshop Keurmerk Disputes Committee is preferably competent for disputes concerning mainly the method of distance selling or service provision. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid is competent.

Article 18 – Industry Guarantee

1. Stichting Webshop Keurmerk guarantees compliance by its members with the binding advice of the Stichting Webshop Keurmerk Disputes Committee, unless the member decides to submit the binding advice for review to the court within two months after it was sent. This guarantee revives if the binding advice remains in force after review by the court and the judgment evidencing this has become final. Stichting Webshop Keurmerk will pay the consumer up to a maximum amount of €10,000 per binding advice. For amounts greater than €10,000 per binding advice, €10,000 will be paid. For the remainder, Stichting Webshop Keurmerk has an obligation of best efforts to ensure that the member complies with the binding advice.
2. Application of this guarantee requires that the consumer submits 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 the opportunity to transfer the claim insofar as it exceeds €10,000 to Stichting Webshop Keurmerk, after which this organization will claim payment in court in its own name and at its own expense for the benefit of the consumer.

Article 19 – Additional or Deviating Provisions

Additional provisions or provisions deviating from these general terms and conditions 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 medium.

Article 20 – Amendment of the Stichting Webshop Keurmerk Terms and Conditions

1. Stichting Webshop Keurmerk will only amend these terms and conditions in consultation with the Dutch Consumers’ Association (Consumentenbond).
2. Amendments to these terms and conditions only take effect after they have been published in an appropriate manner, with the understanding that, in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer shall prevail.

Address Stichting Webshop Keurmerk:
Willemsparkweg 193
1071 HA Amsterdam
The Netherlands

Annex I – Model Withdrawal Form

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