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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 the event 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 of transactions: 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 – Amendments to the Thuiswinkel General Terms and Conditions.
In these terms and conditions, the following definitions shall apply:
1. Ancillary contract: a contract in which the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuous contract: a contract for the regular supply of goods, services and/or digital content for a specified period;
7. Durable medium: any device – including e-mail – that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
8. Right of withdrawal: the consumer’s option to waive the distance contract within the withdrawal period;
9. Trader: 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: a contract concluded between the trader and the consumer under an organized system for distance selling of products, digital content and / or services, where up to and including the conclusion of the contract exclusive or joint use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions; Annex I does not have to be made available if the consumer does not have a right of withdrawal in respect of his order;
12. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
Name of Entrepreneur: SL Plus B.V.
Acting under the name: Scholtens Workplace
Business address: IJburglaan 467, 1087BE Amsterdam
Telephone number: +31(0)204234100
Accessibility:
From Monday to Friday from 9 a.m. to 5:30 p.m.
From Saturday to Saturday from 11 a.m. to 5 p.m.
Email address: [email protected]
Chamber of Commerce number: 30138372
VAT number: NL805535998B01
1. These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded between entrepreneur 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, prior to the conclusion of the distance contract, the entrepreneur will indicate in what way the general terms and conditions can be inspected at the entrepreneur’s premises and that, at the consumer’s request, they will be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting conditions the consumer may always rely on the applicable provision that is most favorable to him.
1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer shall contain 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, they are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the terms and conditions stipulated thereby.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
4. The entrepreneur may within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of 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 application or to attach special conditions to the implementation, giving reasons.
5. The trader will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content:
a. The visiting address of the trader’s branch where the consumer can address complaints;
b. the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
c. the information about warranties and existing service after purchase;
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 performance 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 the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
For products:
1. The consumer may dissolve an agreement relating to the purchase of a product during a 14-day cooling-off period without giving reasons. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
2. The cooling-off period referred to in paragraph 1 starts 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 ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for several 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 him, has received the last shipment or part;
c. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content not delivered on a tangible medium:
3. A consumer may cancel a service contract and a contract for the supply of digital content not supplied on a tangible medium for 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract.
Extended cooling-off period for products, services and digital content not delivered on a tangible medium in case of failure to inform about 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 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 trader has provided the consumer with the information referred to in the previous paragraph within twelve months after the effective date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
1. During the reflection period, the consumer will handle the product and its packaging with care. He shall unpack or use the product only to the extent necessary to establish the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be permitted to do in a store.
2. The consumer is only liable for depreciation of the product that is the result of handling the product in a way that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if the trader has not provided him with all legally required information on the right of withdrawal before or at the conclusion of the contract.
1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to pick up the product himself. The consumer has complied with the return period in any case if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
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 notified the consumer that the consumer must bear these costs or if the trader indicates that the consumer will bear the costs himself, the consumer does not have to bear the cost of return shipment.
6. If the consumer revokes after having first 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 certain quantity begin during the withdrawal period, the consumer shall owe the entrepreneur an amount proportional to that part of the commitment fulfilled by the entrepreneur at the time of revocation, compared to the full fulfillment of the commitment.
7. The consumer shall not bear any 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 entrepreneur has not provided the consumer with the legally required information on the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form, or;
b. the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the reflection period.
8. The consumer does not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
a. he has not expressly consented to the commencement of performance of the contract before the end of the cooling-off period prior to its delivery;
b. he has not acknowledged losing his right of withdrawal when giving his consent; or
c. the trader has failed to confirm this statement by the consumer.
9. If the consumer exercises his right of withdrawal, all additional contracts shall be dissolved by operation of law.
1. If the trader enables the consumer to report his withdrawal electronically, he shall send a confirmation of receipt of this report without delay upon receipt.
2. The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait with repayment until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
3. For reimbursement, the entrepreneur shall use the same means of payment 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 chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
The Entrepreneur may exclude the following products and services from the right of withdrawal, but only if the Entrepreneur stated this clearly in the offer, at least in time for the conclusion of the contract:
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. Contracts concluded during a public auction. A public auction means a method of sale in which products, digital content and/or services are offered by the entrepreneur to consumers who attend or are given the opportunity to attend the auction in person, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full performance of the service, but only if:
a. performance has begun with the consumer’s express prior consent; and
b. the consumer has stated that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
4. Package tours as referred to in Article 7:500 BW and contracts of passenger transport;
5. Service contracts for provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, transportation of goods, car rental services and catering;
6. Contracts related to leisure activities, if the contract provides for a specific date or period of its performance;
7. Products manufactured according to consumer specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products that after delivery are by their nature irrevocably mixed with other products;
11. Alcoholic beverages whose price was agreed upon when concluding the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
12. Sealed audio, video recordings and computer software, the seal of which is broken after delivery;
13. Newspapers, periodicals or magazines, excluding subscriptions thereto;
14. The provision of digital content other than on a tangible medium, but only if:
a. performance has begun with the consumer’s express prior consent; and
b. the consumer has declared that he thereby forfeits his right of withdrawal.
1. During the validity period stated in the offer, the prices of the products and/or services offered shall 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 subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
a. these are the result of statutory regulations or provisions; or
b. the consumer is authorized to terminate the agreement as of the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
1. The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. Additional guarantee means any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with convenient speed but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without costs and the right to possible damages.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless otherwise expressly agreed.
Termination:
1. The consumer may at any time terminate a contract entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period not exceeding one month.
2. The consumer may terminate a fixed-term contract that was entered into for the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.
3. The consumer may the agreements mentioned in the previous paragraphs:
a. terminate at any time and not be limited to termination at a particular time or in a particular period;
b. terminate at least in the same manner as they were entered into by him;
c. always terminate with the same period of notice as the entrepreneur has stipulated for himself.
Extension:
4. An agreement entered into for a definite period of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
5. Notwithstanding the preceding paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract by the end of the renewal with a notice period not exceeding one month.
6. A fixed-term contract that has been concluded for 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 not exceeding one month. The period of notice is at most three months in case the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. A contract with a limited duration for the regular supply of daily or weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration:
8. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
1. Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer receives confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never require the consumer to pay more than 50% in advance. Where advance payment has been stipulated, the consumer may not 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 immediately report inaccuracies in payment information provided or stated to the entrepreneur.
4. If the consumer does not timely fulfill his payment obligation(s), he is, after he has been notified by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days, starting the day after receipt of the reminder, to still fulfill his payment obligations, after the lack of payment within this 14-day period, over the amount due the legal interest and the entrepreneur has the right to charge the extrajudicial collection costs incurred by him. These collection costs shall not exceed: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the following € 5,000 with a minimum of € 40. The entrepreneur may deviate from the mentioned amounts and percentages for the benefit of the consumer.
1. The entrepreneur 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 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 a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the trader’s service can also be submitted via a complaints form on the consumer page of the Thuiswinkel.org website www.thuiswinkel.org. The complaint is then sent both to the entrepreneur in question and to Thuiswinkel.org.
5. The consumer must give the trader at least 4 weeks to resolve the complaint by mutual agreement. After this deadline, a dispute arises that is amenable to the dispute resolution process.
1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
2. Disputes between the consumer and the trader over the conclusion or execution of contracts relating to products and services to be supplied or delivered by this trader can, with due observance of the following stipulations, be submitted by either the consumer or the trader to the Thuiswinkel Disputes Committee, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
3. A dispute will only be considered by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
4. If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer first reports this to the entrepreneur.
6. When the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer will have to express in writing within five weeks after a written request made by the entrepreneur whether he so desires or wants the dispute to be dealt with by the competent court. If the entrepreneur does not hear the choice of the consumer within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
7. The Disputes Committee shall rule under the conditions as laid down in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made by way of a binding opinion.
8. The Disputes Committee will not deal with a dispute or will cease to deal with it if the entrepreneur has been granted a suspension of payments, has become bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the committee at the session and a final ruling has been issued.
9. If, in addition to the Thuiswinkel Disputes Committee, another recognized dispute committee or one affiliated with the Stichting Geschillencommissions voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) (Financial Services Complaints Institute) is competent, the Thuiswinkel Disputes Committee shall have preferential jurisdiction for disputes concerning primarily the method of distance selling or provision of services. For all other disputes the other recognized SGC or Kifid affiliated dispute committee.
1. Thuiswinkel.org guarantees compliance with the binding advice of the Thuiswinkel Disputes Committee by its members, unless the member decides to take the binding advice to court for review within two months after it has been sent. This guarantee revives, if the binding opinion has been upheld after review by the court and the judgment evidencing it has become final. Up to a maximum amount of €10,000 per binding advice, this amount will be paid to the consumer by Thuiswinkel.org. For amounts greater than €10,000 per binding opinion, €10,000 will be paid. For the excess, Thuiswinkel.org has a best-efforts obligation to ensure that the member complies with the binding advice.
2. The application of this guarantee requires that the consumer makes a written appeal to Thuiswinkel.org and that he transfers his claim on the trader to Thuiswinkel.org. If the claim against the trader exceeds €10,000, the consumer will be offered to transfer his claim, insofar as it exceeds the amount of €10,000, to Thuiswinkel.org, after which this organization will, in its own name and costs, seek payment of it in court to satisfy the consumer.
Additional provisions or provisions deviating from these general 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 data carrier.
Model withdrawal form
(complete and return this form only if you wish to revoke the agreement)
a. To: [ name of entrepreneur]
[ geographic address of entrepreneur]
[ fax number of entrepreneur, if available]
[ e-mail address or electronic address of entrepreneur]
b. I/We* hereby inform/share* you, that I/We* have terminated our agreement regarding
the sale of the following products: [aanduiding product]*
the provision of the following digital content: [aanduiding digitale inhoud]*
the provision of the following service: [aanduiding dienst]*,
revoke/revoke*
c. Ordered on*/received on* [datum bestelling bij diensten of ontvangst bij producten]
d. [Naam consumenten(en)]
e. [Adres consument(en)]
f. [Handtekening consument(en)] (only if this form is submitted on paper)
* Cross out what does not apply or fill in what is applicable.
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