General Terms and Conditions
Table of contents:
Article 1 - Definitions
Article 2 - Identity of Willemijn's shop
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs
of them
Article 9 - Obligations of Willemijn's shop upon revocation
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance 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 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions the following terms shall have the following meanings:
1. Supplementary agreement: an agreement whereby the consumer
acquires products, digital content and/or services in connection with a
distance contract and these matters, digital content and/or services
Through Willemijn's store are provided or by a third party on a
agreement between that third party and Willemijn's shop;
2. Reflection period: the period within which the consumer can make use of
of his right of withdrawal;
3. Consumer: the natural person who does not act for purposes that
related to his trade, business, craft or
professional activity;
4. Day: calendar day;
5. Digital content: data produced and
to be delivered;
6. Duration agreement: an agreement that aims at the regular
delivery of goods, services and/or digital content during a
certain period;
7. Durable medium: any instrument – including
e-mail – which enables the consumer or entrepreneur to obtain information
which is addressed to him personally, to store in a manner that
future consultation or use during a period that is
tailored to the purpose for which the information is intended, and which
unaltered reproduction of the stored information possible
makes;
8. Right of withdrawal: the option for the consumer to withdraw the contract within the
cooling-off period to cancel the distance contract;
9. Distance contract: an agreement concluded between Willemijn's store and the consumer are closed as part of an organized
system for distance selling of products, digital content and/or
services, whereby up to and including the conclusion of the agreement, exclusively
or one or more techniques are used for
remote communication;
10. Model withdrawal form: the model withdrawal form provided in Appendix I of these terms and conditions
included European model withdrawal form;
11. Willemijn's shop: the legal entity as further defined in Article 2, which
products, (access to) digital content and/or services remotely
offers consumers as set out under these general terms and conditions
conditions;
12. Distance communication technology: means that can be
used to conclude an agreement, without the consumer
and entrepreneur do not have to be in the same room at the same time
gathered together;
Article 2 – Identity of Willemijn's shop
Entrepreneur name: Willemijn's shop
Email address: info@willemijnswinkel.nl
Chamber of Commerce number: 95279938
Article 3 – Applicability
1. These general terms and conditions apply to every offer of
Willemijn's store and every distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text
of these general terms and conditions available to the consumer
If this is not reasonably possible, Willemijn's shop before the
distance contract is concluded, indicate how the
general terms and conditions at Willemijn's shop can be viewed and made available upon request
be sent to the consumer free of charge as soon as possible.
3. If the distance contract is concluded electronically,
deviation from the previous paragraph and before the distance contract
is closed, the text of these general terms and conditions along
be made available to the consumer electronically
in such a way that it can be easily accessed by the consumer
in a manner that can be stored on a durable medium.
If this is not reasonably possible, before the agreement is concluded,
distance is closed, it is indicated where the general
conditions can be consulted electronically and
that they may be provided electronically or by post at the consumer's request
will be sent free of charge by other means.
4. In the event that in addition to these general terms and conditions,
specific product or service conditions apply, it is
second and third paragraphs apply accordingly and the
In case of conflicting conditions, the consumer must always
invoke the applicable provision that is most favourable to him
is.
Article 4 – The offer
1. If an offer has a limited period of validity or is subject to
If conditions apply, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the
offered products, digital content and/or services. The description
is detailed enough to allow a proper assessment of the offer
by making it possible for the consumer. If Willemijn's shop uses
images, are these a true representation of the
offered products, services and/or digital content. Apparent
mistakes or obvious errors in the offer are binding Willemijn's shop is not available.
3. Each offer contains such information that it is clear to the consumer
is what the rights and obligations are that are attached to the acceptance of
the offer are connected.
Article 5 – The Agreement
1. Subject to the provisions of paragraph 4, the agreement will come into effect
status at the time of acceptance by the consumer of the
offer and compliance with the conditions set therein.
2. If the consumer has received the offer electronically
accepted, confirmed Willemijn's shop immediately by electronic means
receipt of acceptance of the offer. As long as the receipt
of this acceptance not by Willemijn's store has been confirmed, the consumer can cancel the agreement. After receiving this confirmation, it is no longer possible for the consumer to cancel the agreement.
or cancel: the consumer can use the
right of withdrawal (Article 6).
3. If the agreement is concluded electronically, Willemijn's shop
appropriate technical and organizational security measures
of the electronic transfer of data and ensures a secure
web environment. If the consumer can pay electronically,
Willemijn's store will take appropriate safety measures to this end.
4. Willemijn's store can - within legal frameworks - determine whether the consumer can meet his payment obligations, as well as
all those facts and factors that are important for a responsible
entering into the distance contract. If Willemijn's shop has good reasons not to enter into the agreement based on this investigation.
he is entitled to make a motivated order or request
refuse or attach special conditions to the implementation.
5. Willemijn's store will at the latest upon delivery of the product, service or digital
content to the consumer the following information, in writing or on
in such a way that it can be accessed by the consumer
can be stored on a durable data carrier,
send along:
1. the visiting address of the establishment of Willemijn's shop where the
consumers can go to with complaints;
2. the conditions under which and the manner in which the consumer
can exercise the right of withdrawal, or a
clear notification regarding the exclusion of the
right of withdrawal;
3. the information about guarantees and existing after-sales service;
4. the price inclusive of all taxes of the product, service
or digital content; where applicable, the costs of
delivery; 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.
7. In the case of a long-term transaction, the provision in the previous paragraph only applies
applicable to the first delivery.
Article 6 – Right of withdrawal
1. The consumer can enter into an agreement regarding the purchase
of a product during a reflection period of at least 14 (fourteen)
days to terminate without giving reasons. Willemijn's shop may
ask the consumer for the reason for cancellation, but do not provide this
require him/her to state his/her reason(s).
2. The reflection period referred to in paragraph 1 commences on the day after the
consumer, or a third party designated by the consumer in advance, who
other than the carrier, has received the product, or:
1. if the consumer orders multiple products in the same order
has ordered: the day on which the consumer, or a party ordered by him
designated third party has received the last product. Willemijn's shop
may, provided that the consumer is informed of this beforehand
clearly informed about the ordering process, a
order of multiple products with different
refuse delivery time.
2. if the delivery of a product consists of several
shipments or parts: the day on which the consumer, or a
third party designated by him, the last shipment or the last
received part;
3. for agreements for regular delivery of products
during a certain period: the day on which the consumer,
or a third party designated by him, has the first product
received.
For services and digital content not supplied on a tangible medium:
1. The consumer can enter into a service agreement and an agreement
for the supply of digital content which is not provided on a tangible medium
delivered for at least 14 days without giving any reason
dissolve. RG-store may ask the consumer for the reason of
revocation, but does not oblige him to state his reason(s).
2. The reflection period referred to in paragraph 3 commences on the day following the
concluding the agreement.
Extended reflection period for products, services and digital content that are not on
a material carrier has been supplied if no information was given about the right of withdrawal:
1. If Willemijn's shop has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form
provided, the cooling-off period expires twelve months after the end of the
original, in accordance with the previous paragraphs of this Article
specified cooling-off period.
2. If Willemijn's shop has provided the consumer with the information referred to in the previous paragraph within twelve months after the
starting date of the original cooling-off period, the
reflection period 14 days after the day on which the consumer received that information
has received.
Article 7 – Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer will handle the product with care.
product and the packaging. He will only unpack the product or
use to the extent necessary to determine the nature, characteristics and
to determine the functioning of the product. The starting point here is that
the consumer may only handle and inspect the product as
he would be allowed to do that in a store.
2. The consumer is only liable for any diminished value of the
product that is the result of a way of handling the product
which goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any decrease in value of the
product as Willemijn's shop did not provide him with all legally required information about the right of withdrawal before or at the time of concluding the agreement
provided.
Article 8 – Exercise of the right of withdrawal by the consumer and
costs thereof
1. If the consumer exercises his right of withdrawal, he reports this
within the cooling-off period by means of the model form for
revocation or in another unambiguous manner Willemijn's shop.
2. As soon as possible, but within 14 days from the day following the
paragraph 1, the consumer returns the product, or
he hands this over to (an authorized representative of) Willemijn's shop. This doesn't have to be Willemijn's store has offered to collect the product itself. The consumer has in any case observed the return period if he
returns the product before the cooling-off period has expired.
3. The consumer returns the product with all supplied accessories,
if reasonably possible in original condition and packaging, and
in accordance with the Willemijn's store provided reasonable and clear instructions.
4. The risk and burden of proof for the correct and timely exercise of the
The right of withdrawal lies with the consumer.
5. The consumer shall bear the direct costs of returning
the product. If Willemijn's store did not report that the consumer had this
must bear costs or if Willemijn's shop indicates that it will bear the costs itself,
the consumer does not have to bear the costs of return.
6. The consumer shall not bear any costs for the full or partial
supply of digital content not supplied on a tangible medium,
if:
1. he has not expressly agreed to the delivery thereof
agreed to commence compliance with the
agreement before the end of the cooling-off period;
2. he has not acknowledged that he loses his right of withdrawal upon
granting his consent; or
3. Willemijn's store failed to comply with this consumer statement.
to confirm.
7. If the consumer exercises his right of withdrawal, all
supplementary agreements dissolved by operation of law.
Article 9 – Obligations of Willemijn's shop upon revocation
1. If Willemijn's shop will notify the consumer of the withdrawal
electronically, he will send it after receiving this
notification without delay an acknowledgement of receipt.
2. Willemijn's store will reimburse all payments made by the consumer, including any delivery costs by Willemijn's shop charged for the
returned product, without delay but within 14 (fourteen) days
following the day on which the consumer notifies him of the withdrawal.
Unless Willemijn's shop offers to collect the product himself, he can wait
with refund until he has received the product or until the
consumer proves that he has returned the product, to
whichever time comes first.
3. Willemijn's shop uses the same payment method for refunds that the
consumer has 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 more expensive method of
delivery than the cheapest standard delivery, Willemijn's shop the
additional costs for the more expensive method are not refundable.
Article 10 – Exclusion of the right of withdrawal
Willemijn's shop may exclude the following products and services from the
right of withdrawal, but only if Willemijn's shop clearly stated this in the offer, at least in good time before the agreement was concluded:
1. Products or services whose price is linked to
fluctuations in the financial market on which Willemijn's store has no influence
has and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. Under
A public auction is understood as a method of sale in which
products, digital content and/or services by Willemijn's shop becomes
offered to the consumer who is personally present or the
the opportunity to be personally present at the auction, under
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 performance of the service, but
only if:
1. the performance has begun with express prior consent
consumer consent; and
2. the consumer has declared that he has exercised his right of withdrawal
loses as soon as Willemijn's shop has fully executed the agreement;
4. Service agreements for the provision of
accommodation, if the agreement specifies a specific date or
period of implementation is provided and other than for residential purposes,
freight transport, car rental services and catering;
5. Agreements relating to leisure activities, as in the
agreement a specific date or period of performance thereof
is provided;
6. Products manufactured according to consumer specifications, which
are not prefabricated and are manufactured on the basis of a
individual choice or decision of the consumer, or which is clearly indicated
be intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products which, for reasons of health protection or
are not suitable for return due to hygiene reasons and the
seal has been broken after delivery;
9. Products which, by their nature, are irreversibly mixed after delivery
with other products;
10. Alcoholic beverages, the price of which has been agreed upon at the time of
conclusion of the agreement, but the delivery of which can only take place
take place after 14 days, the actual value of which depends
is subject to fluctuations in the market on which Willemijn's store has no influence
has;
11. Sealed audio, video recordings and computer software,
of which the seal has been broken after delivery;
12. Newspapers, periodicals or magazines, except
subscriptions to this;
13. The supply of digital content other than on a tangible medium,
but only if:
1. the performance has begun with express prior consent
consumer consent; and
2. the consumer has stated that he agrees with this
loses the right of withdrawal.
Article 11 – The price
1. During the period of validity stated in the offer, the
prices of the offered products and/or services have not been increased,
except for price changes resulting from changes in
VAT rates.
2. By way of exception to the previous paragraph, Willemijn's shop products or services
whose prices are subject to fluctuations in the financial
market and where Willemijn's shop has no influence on, with variable prices
offer. This commitment to fluctuations and the fact that
Any prices stated are indicative prices and will be stated in the offer.
mentioned.
3. Price increases within 3 months after the conclusion of the
Agreements are only permitted if they are the result of
legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the
agreements are only permitted if Willemijn's shop has stipulated this and:
1. these are the result of statutory regulations or provisions; or
2. the consumer has the authority to cancel the agreement
say with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services are
including VAT.
Article 12 – Compliance with the agreement and additional warranty
1. Willemijn's shop guarantees that the products and/or services meet
the agreement, the specifications stated in the offer, to the
reasonable requirements of soundness and/or usability and the
date of the conclusion of the agreement existing
legal provisions and/or government regulations. If
agreed state Willemijn's shop also ensures that the product
is suitable for other than normal use.
2. A by Willemijn's shop, its supplier, manufacturer or importer provided additional guarantee never limits the statutory rights and claims that the consumer has under the agreement against Willemijn's shop can claim if Willemijn's shop has failed to fulfill its part of the agreement.
3. Additional warranty means any obligation of Willemijn's shop,
its supplier, importer or producer in which it is supplied to the
grants the consumer certain rights or claims that go further
than what he is legally obliged to do in the event that he has failed to do so
the fulfillment of his part of the agreement.
Article 13 – Delivery and execution
1. Willemijn's shop will take the utmost care when receiving and executing orders for products.
and when assessing applications for the provision of services.
2. The place of delivery is the address provided by the consumer. Willemijn's shop has been announced.
3. Taking into account what is stated in Article 4 of these general terms and conditions,
conditions are stated, will Willemijn's store accepted orders with
perform with due haste but at the latest within 14 days, unless a
another delivery period has been agreed. If the delivery
experiences a delay, or if an order is not or only
if the order can be partially executed, the consumer will receive this
at the latest 14 days after he placed the order. The
In that case, the consumer has the right to cancel the agreement without
costs to terminate and right to any compensation.
4. After dissolution in accordance with the previous paragraph, Willemijn's shop the amount that the
consumer has paid will be refunded without delay.
5. The risk of damage and/or loss of products rests with
Willemijn's store until the moment of delivery to the consumer or a pre-designated representative made to Willemijn's store,
unless expressly agreed otherwise.
Article 14 – Duration transactions: duration, termination and extension
Cancellation:
1. The consumer can enter into an agreement that is for an indefinite period
entered into and which aims at the regular delivery of products or
services, at all times
cancel in accordance with the terms agreed upon
cancellation rules and a notice period of no more than one month.
1. The consumer can enter into an agreement for a definite period
entered into and which aims at the regular delivery of products or
services, cancel at any time at the end of the specified term
in compliance with agreed termination rules and
a notice period of no more than one month.
2. The consumer may, in the agreements referred to in the previous paragraphs:
● cancel at any time and not be limited to cancellation on a
specific time or during a specific period;
● at least cancel in the same manner as these agreements were concluded
have entered into with him;
● always cancel with the same notice period as Willemijn has secured the shop for herself.
Extension:
1. An agreement entered into for a fixed period of time and intended to
the regular delivery of products or services may not be tacitly
be extended or renewed for a specific duration.
2. By way of exception to the previous paragraph, an agreement which
a fixed term has been entered into will be tacitly extended for a
a certain period of up to three months, if the consumer
extended agreement towards the end of the extension can
cancel with a notice period of no more than one month.
3. An agreement entered into for a fixed period of time and intended to
the regular delivery of products or services is only permitted
be tacitly extended for an indefinite period if the consumer
may cancel at any time with a notice period of no more than one
month.
Duration:
1. If an agreement has a duration of more than one year, the
consumer may terminate the agreement at any time after one year
notice period of no more than one month, unless the
reasonableness and fairness oppose termination before the end of the
postpone the agreed duration.
Article 15 – Payment
1. Unless otherwise specified in the agreement or additional
conditions, the amounts owed by the consumer must be
to be paid within 14 (fourteen) days after the commencement of the
reflection period, or in the absence of a reflection period within 14
(fourteen) days after the conclusion of the agreement. In the event of a
agreement to provide a service, this period commences
on the day after the consumer receives confirmation of the agreement
has received.
2. When selling products to consumers, the consumer may
general terms and conditions never oblige you to make an advance payment
of more than 50%. If advance payment has been agreed, the
consumer cannot assert any rights regarding the execution
of the relevant order or service(s), before the agreed
prepayment has been made.
3. The consumer has the duty to correct any inaccuracies in information provided or
provided payment details without delay To report Willemijn's shop.
4. If the consumer does not meet his payment obligation(s) in time,
satisfies, is this, after he has passed Willemijn's shop has been informed of the late payment and Willemijn's shop has granted the consumer a period of 14 (fourteen) days to meet his payment obligations after the
failure to pay within this 14-day period, on the outstanding amount
amount owed the statutory interest is due and Willemijn's shop
entitled to the extrajudicial collection costs incurred by him
to be charged. These collection costs amount to a maximum of: 15%
on outstanding amounts up to € 2,500; 10% on subsequent amounts
€2,500 and 5% on the next €5,000 with a minimum of €
40,=. Willemijn's store may deviate from this for the benefit of the consumer
amounts and percentages mentioned.
Article 16 – Complaints procedure
1. Willemijn's shop has a sufficiently publicized
complaints procedure and handles the complaint in accordance with this
complaints procedure.
2. Complaints about the performance of the agreement must be submitted within
reasonable time after the consumer has discovered the defects,
must be submitted fully and clearly described to Willemijn's shop.
3. At Complaints submitted by Willemijn's shop will be processed within 14 days
(fourteen) days from the date of receipt.
If a complaint requires a foreseeably longer processing time,
Through Willemijn's shop responded within 14 (fourteen) days
with a confirmation of receipt and an indication of when the consumer
can expect a more detailed answer.
Article 17 – Disputes
1. On agreements between Willemijn's shop and the consumer to whom it relates
general terms and conditions apply exclusively to Dutch
applicable law. All disputes arising from the
agreement and/or these general terms and conditions will be
submitted to the competent judge of the district where
Willemijn's shop office holds.
Article 18 – Additional or deviating provisions
Additional or deviating from these general terms and conditions
provisions may not be to the detriment of the consumer and must
to be recorded in writing or in such a way that it can be used by the
can be stored in an accessible manner on a consumer
durable data carrier.