Terms and Conditions

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Thuiswinkel General Terms and Conditions

Article 1 - Definitions
Article 2 - Identity of the business
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Consumer obligations during the withdrawal period
Article 8 - Exercise of the consumer's right of withdrawal and related costs
Article 9 - Obligations of the trader in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 - Performance and additional guarantee
Article 13 – Delivery and Performance
Article 14 – Continuous Transactions: Term, Cancellation and Renewal
Article 15 – Payment
Article 16 – Complaints Procedure
Article 17 – Disputes
Article 18 - Industry Guarantee
Article 19 - Additional or deviating provisions
Article 20 - Amendments to the Thuiswinkel General Terms and Conditions

Article 1 - Definitions

The following definitions apply in these terms and conditions:

Ancillary contract: 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 trader or by a third party on the basis of an arrangement between that third party and the trader;
Withdrawal period: the period during which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Contract for continuous performance: an agreement that provides for the regular supply of goods, services and/or digital content over a specified period;
Durable medium: any tool—including email—that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation or use for a period suited to the purpose for which the information is intended, and that enables the unchanged reproduction of the stored information;
Right of withdrawal: the consumer's option to withdraw from the distance contract during the withdrawal period;
Trader: the natural person or legal entity that is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers at a distance;
Distance contract: an agreement concluded between the trader and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby exclusive or additional use is made, up to and including the conclusion of the agreement, of one or more means of communication at a distance;
Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not need to be provided if the consumer has no right of withdrawal in respect of their order;
Means of communication at a distance: a means that can be used to conclude an agreement without the consumer and the trader having to be together in the same place at the same time.

Article 2 – Identity of the business

Innovision (trading name: Mary Georges);

Business address: Keizersgracht 520, 1017 EK, Amsterdam;

Return address: Prinsenweide 2G, 7317 BB Apeldoorn, Netherlands;

Telephone number: 085 4015 244 Mon–Fri 09:00–17:00

Email address: care@marygeorges.com

Chamber of Commerce number: 90375505

VAT identification number: NL004810954B56

Article 3 – Applicability

These general terms and conditions apply to every offer from the business and to every distance contract concluded between the business and the consumer.
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, before the distance contract is concluded, the business will indicate how the general terms and conditions can be inspected at the business’s premises and that, at the consumer’s request, they will be sent free of charge as soon as possible.
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 the consumer can easily save it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, the business will indicate where the general terms and conditions can be viewed electronically and that, at the consumer’s request, they will be sent free of charge electronically or by other means.
If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.

Article 4 – The offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the business uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the business.
Every offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and fulfils the conditions set out for that purpose.
If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of acceptance of the offer electronically. Until the trader has confirmed receipt of this acceptance, the consumer may cancel the agreement.
If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures for this purpose.
Within the limits of the law, the trader may determine whether the consumer can meet their payment obligations, as well as assess all facts and factors relevant to entering into the distance contract responsibly. If, based on this assessment, the trader has good grounds not to enter into the agreement, they are entitled to refuse an order or request, giving reasons, or attach special conditions to its performance.
No later than upon delivery of the product, service or digital content, the trader shall provide the consumer with 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:

the trader’s business address where the consumer can submit complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service;
the price of the product, service or digital content, including all taxes; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.

In the case of a contract for a continuous service, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

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 reasons. The trader may ask the consumer for the reason for cancellation, but may not require the consumer to state their reason(s).
The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, received the product, or:

if the consumer ordered several products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. Provided that the trader has clearly informed the consumer of this in advance of the ordering process, the trader may refuse an order for several products with different delivery times.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by the consumer, received the last shipment or the last part;
for agreements concerning the regular supply of products over a specified period: the day on which the consumer, or a third party designated by the consumer, received the first product.

For services and digital content not supplied on a tangible medium:

The consumer may terminate a services agreement and an agreement for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reasons. The trader may ask the consumer for the reason for withdrawal, but may not require the consumer to state their reason(s).
The cooling-off period referred to in paragraph 3 begins on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium when the consumer has not been informed about the right of withdrawal:

If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period shall expire twelve months after the end of the original cooling-off period established in accordance with the preceding paragraphs of this article.
If the trader has provided the consumer with the information referred to in the preceding paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer received that information.

Article 7 – Consumer’s obligations during the cooling-off period

During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to establish its nature, characteristics and operation. The principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
The consumer is only liable for any diminished value of the product resulting from handling the product in a manner that goes beyond what is permitted under paragraph 1.
The consumer shall not be liable for any reduction in the product's value if the trader did not provide them, before or at the time of concluding the agreement, with all legally required information about the right of withdrawal.

Article 8 – Exercise of the consumer's right of withdrawal and the associated costs

If the consumer exercises their right of withdrawal, they shall notify the trader within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.
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 trader (or an authorised representative of the trader). This is not required if the trader has offered to collect the product themselves. The consumer has in any event complied with the return period if they return the product before the cooling-off period has expired.
The consumer shall return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal shall lie with the consumer.
The consumer shall bear the direct costs of returning the product. If the trader has not notified the consumer that they must bear these costs, or if the trader indicates that they will bear the costs themselves, the consumer shall not bear the return costs.
If the consumer withdraws after first expressly requesting that performance of the service or supply of gas, water or electricity that is not prepared for sale in a limited volume or specified quantity begin during the cooling-off period, the consumer shall owe the trader an amount that is proportional to the part of the obligation performed by the trader at the time of withdrawal, compared with full performance of the obligation.
The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity that are not prepared for sale in a limited volume or quantity, or for the supply of district heating, if:

the trader did not provide the consumer with the legally required information about the right of withdrawal, reimbursement of costs in the event of withdrawal, or the model withdrawal form; or
the consumer did not expressly request that performance of the service or supply of gas, water, electricity or district heating begin during the cooling-off period.

The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium if:

they did not expressly consent, before delivery, to the contract being performed before the end of the cooling-off period;
they have not acknowledged that they lose their right of withdrawal upon giving their consent; or
the trader has failed to confirm this statement by the consumer.

If the consumer exercises their right of withdrawal, all ancillary contracts shall be automatically terminated.

Article 9 – Trader’s obligations in the event of withdrawal

If the trader enables the consumer to notify them of withdrawal electronically, they shall promptly send an acknowledgment of receipt after receiving the notification.
The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay and in any event within 14 days of the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product, they may wait with the refund until they have received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.
The trader shall use the same means of payment for the refund as the consumer used, unless the consumer agrees to another method. The refund shall be free of charge for the consumer.
If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, the trader does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this when making the offer or, at the latest, in good time before concluding the contract:

Products or services whose price depends on fluctuations in the financial market over which the trader has no control and which may occur during the withdrawal period
Contracts concluded at a public auction. A public auction means a sales method whereby products, digital content and/or services are offered by the trader to consumers who are personally present or are given 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;
Service contracts, after the service has been fully performed, but only if:

performance has begun with the consumer’s express prior consent; and
the consumer has stated that they lose their right of withdrawal once the trader has fully performed the contract;

Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport;
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period for their performance and for purposes other than residential purposes, goods transport, car rental services, and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period for their performance;
Products manufactured according to the consumer’s specifications, which are not prefabricated and are manufactured based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Products that deteriorate quickly or have a limited shelf life;
Sealed products that are unsuitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that, after delivery, become irrevocably mixed with other products due to their nature;
Alcoholic beverages whose price was agreed upon when the agreement was concluded, but which can only be delivered after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no influence;
Sealed audio or video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, periodicals, or magazines, except for subscriptions to them;
Delivery of digital content other than on a tangible medium, but only if:

performance has begun with the consumer’s express prior consent; and
the consumer has stated that they waive their right of withdrawal in this regard.

Article 11 – The price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
By way of derogation from the previous paragraph, the trader may offer products or services at variable prices if their prices are subject to fluctuations in the financial market over which the trader has no influence. This exposure to fluctuations, and the fact that any prices stated are indicative prices, shall be mentioned in the offer.
Price increases within 3 months after the agreement is concluded are permitted only if they result from statutory regulations or provisions.
Price increases from 3 months after the agreement is concluded are permitted only if the trader has stipulated this and:

a. it results from statutory regulations or provisions; or

b. the consumer has the right to terminate the agreement effective from the day on which the price increase takes effect.

The prices stated in the offer for products or services include VAT.

Article 12 – Performance of the Agreement and Additional Guarantee

The business warrants that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the business also warrants that the product is suitable for use other than normal use.
An additional guarantee provided by the business, its supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer may assert against the business under the agreement if the business has failed to fulfill its part of the agreement.
An additional guarantee means any commitment by the business, its supplier, importer or producer under which it grants the consumer certain rights or claims that go beyond what it is legally required to provide if it has failed to fulfill its part of the agreement.

Article 13 – Delivery and Performance

The business shall exercise the utmost care when receiving and fulfilling orders for products and when assessing applications for the provision of services.
The delivery address is the address provided by the consumer to the business.
Subject to the provisions of Article 4 of these general terms and conditions, the business shall process accepted orders promptly and no later than within 30 days, unless a different 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 placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
Following dissolution in accordance with the previous paragraph, the business shall promptly refund the amount paid by the consumer.
The risk of damage to and/or loss of products rests with the business until the moment of delivery to the consumer or a previously designated representative who has been made known to the business, unless expressly agreed otherwise.

Article 14 – Continuous Transactions: Term, Cancellation and Renewal

Cancellation:

Consumers may cancel an open-ended agreement for the regular supply of products (including electricity) or services at any time, subject to the agreed cancellation rules and a notice period of no more than one month.
The consumer may terminate an agreement concluded for a definite period that provides for the regular delivery of products (including electricity) or services at any time at the end of the definite term, subject to the agreed termination procedures and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the preceding paragraphs:

terminate at any time and not be limited to termination at a specific time or during a specific period;
terminate at least in the same manner in which they entered into the agreement;
always terminate with the same notice period as the business had stipulated for itself.

Extension:

An agreement concluded for a definite period that provides for the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a definite period.
By way of derogation from the previous paragraph, an agreement concluded for a definite period that provides for the regular delivery of daily, news and weekly newspapers and magazines may be automatically extended for a definite period of no more than three months, provided that the consumer may terminate the extended agreement at the end of the extension with a notice period of no more than one month.
An agreement concluded for a definite period that provides for the regular delivery of products or services may be automatically extended for an indefinite period only if the consumer may terminate it at any time with a notice period of no more than one month. The notice period may be no more than three months if the agreement provides for the regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.
An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not automatically renewed and ends automatically after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year, subject to 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

Unless otherwise stipulated in the agreement or additional terms, amounts owed by the consumer must be paid within 14 days after the withdrawal period begins, or, if there is no withdrawal period, within 14 days after the agreement is concluded. In the case of an agreement for the provision of a service, this period begins on the day after the consumer receives confirmation of the agreement.
When selling products to consumers, the consumer may never be required under general terms and conditions to pay more than 50% in advance. If advance payment has been agreed, the consumer may not assert any rights concerning the performance of the relevant order or service(s) until the agreed advance payment has been made.
The consumer is required to notify the business immediately of any inaccuracies in the payment details provided or stated.
If the consumer fails to meet their payment obligation(s) on time, then, after the business has pointed out the late payment and granted the consumer a period of 14 days, starting on the day after receipt of the reminder, to fulfill their payment obligations alsnog, once payment has not been made within this 14-day period, they will owe statutory interest on the amount still due, and the business will be entitled to charge the extrajudicial collection costs it has incurred. 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 following € 5,000, with a minimum of € 40. The business may deviate from these amounts and percentages in the consumer’s favor.

Article 16 – Complaints Procedure

The business has a sufficiently publicized complaints procedure and handles the complaint in accordance with this procedure.
Complaints about the performance of the agreement must be submitted to the business fully and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the business will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the business will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
A complaint about a product, service, or the business’s customer service may also be submitted via a complaint form on the consumer page of the Thuiswinkel.org website. www.thuiswinkel.orgThe complaint will then be sent both to the business concerned and to Thuiswinkel.org.
The consumer must give the business at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is eligible for the dispute resolution procedure.

Article 17 – Disputes

Only Dutch law applies to agreements between the business and the consumer to which these general terms and conditions relate. If the business directs its activities at the country where the consumer resides, the consumer may also always invoke the mandatory consumer law of their country.
Disputes between the consumer and the trader concerning the formation or performance of agreements relating to products and services to be supplied or supplied by this trader may, subject to the provisions below, be submitted by either the consumer or the trader to the Thuiswinkel Disputes Committee, Postbus 90600, 2509 LP The Hague (www.sgc.nl).
A dispute shall only be handled by the Disputes Committee if the consumer has first submitted their complaint to the trader within a reasonable period.
If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the trader.
If the consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by this choice. The consumer should preferably notify the trader of this first.
If the trader wishes to submit a dispute to the Disputes Committee, the consumer must state in writing, within five weeks of a written request to that effect from the trader, whether they also wish to do so or whether they want the dispute to be heard by the competent court. If the trader does not receive the consumer's choice within the five-week period, the trader shall be entitled to submit the dispute to the competent court.
The Disputes Committee shall issue its decision subject to the conditions set out in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee shall be issued by way of binding advice.
The Disputes Committee shall not handle a dispute, or shall discontinue its handling, if the trader has been granted a suspension of payments, has been declared bankrupt, or has in fact ceased its business activities before the dispute has been heard by the committee at a hearing and a final decision has been issued.
If, in addition to the Thuiswinkel Disputes Committee, another recognized disputes committee or one affiliated with the Disputes Committees Foundation for Consumer Affairs (SGC) or the Financial Services Complaints Institute (Kifid) has jurisdiction, the Thuiswinkel Disputes Committee shall have preference for disputes primarily concerning the method of sale or the provision of services at a distance. For all other disputes, the other recognized disputes committee or the disputes committee affiliated with SGC or Kifid shall have jurisdiction.

Article 18 - Industry Guarantee

Thuiswinkel.org guarantees that its members will comply with the binding decisions of the Thuiswinkel Disputes Committee, unless the member decides to submit the binding decision to the court for review within two months of its dispatch. This guarantee is reinstated if the binding decision is upheld following review by the court and the judgment confirming this has become final and conclusive. Up to a maximum amount of €10,000 per binding decision, this amount will be paid to the consumer by Thuiswinkel.org. For amounts exceeding €10,000 per binding decision, €10,000 will be paid. For the remainder, Thuiswinkel.org is obliged to use its best efforts to ensure that the member complies with the binding decision.
To invoke this guarantee, the consumer must submit a written claim to Thuiswinkel.org and assign their claim against the business to Thuiswinkel.org. If the claim against the business exceeds €10,000, the consumer will be offered the option of assigning to Thuiswinkel.org the portion of their claim exceeding €10,000, after which this organization will, in its own name and at its own expense, seek payment through the courts 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 - Amendments to the Thuiswinkel General Terms and Conditions

Amendments to these terms and conditions shall only take effect after they have been published in an appropriate manner, provided that, in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer shall prevail.

Thuiswinkel.org
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
P.O. Box 7001, 6710 CB Ede

Appendix I: Model withdrawal form

Model withdrawal form

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

To: [ naam ondernemer]

[ geografisch adres ondernemer]

[ faxnummer ondernemer, indien beschikbaar]

[ e-mailadres of elektronisch adres van ondernemer]

I/We* hereby notify you that I/we* revoke our agreement concerning

the sale of the following products: [description of product]*

the supply of the following digital content: [description of digital content]*

the provision of the following service: [description of service]*,

revoke/revocation*

Ordered on*/received on* [date of order for services or receipt for products]
[Naam consumenten(en)]
[Adres consument(en)]
[Consumer(s)' signature] (only when this form is submitted on paper)
[Datum]

* Cross out what is not applicable or fill in what is applicable.