Store Terms and Conditions
General Terms and Conditions
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
The entrepreneur can also be reached via an online complaint form on his website.
The entrepreneur declares that electronic communication is equivalent to written communication in accordance with Art. 6:227a of the Dutch Civil Code.
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 thereof
Article 9 - Obligations of the entrepreneur upon withdrawal
The refund also includes any delivery costs for the cheapest, standard delivery method offered. Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 11a - Consumer reviews and price reductions
1. If the price of a product or service is personalized based on automated decision-making, the consumer shall be clearly informed of this before the purchase.
2. The entrepreneur declares that all published consumer reviews originate from real customers who have made a purchase, and explains on the website how this is verified.
3. If price reductions are communicated, the entrepreneur shall state the previous lowest price applied to the product in the 30 days prior to the price reduction, to the extent required by law. Article 12 - Compliance and additional warranty
Article 13 - Delivery and execution
Article 14 - Long-term transactions: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints procedure Article 17 - Disputes
Article 18 - Additional or deviating provisions
Article 19 - Amendment of the general terms and conditions Stichting Webshop Keurmerk
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Cooling-off period: the period within which the consumer may exercise his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Long-term agreement: an agreement that provides for the regular supply of goods, services and/or digital content over a specified period; 7. Durable data carrier: any device – including email – that enables the consumer or entrepreneur to store information addressed to him personally in a manner that allows for future consultation or use for a period commensurate with the purpose for which the information is intended, and that enables the unaltered reproduction of the stored information;
8. Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: 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, up to and including the conclusion of the agreement, use is made exclusively or partly of one or more techniques for distance communication; 11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions;
12. Remote communication technique: means that can be used to conclude an agreement without the consumer and the trader having to be present in the same place at the same time;
Article 2 – Identity of the entrepreneur
Name of entrepreneur Ochrem (VMstore);
Registered address; Tilburg 5043AS Benthuzienstraat 72
Telephone number and time(s) 0626198960 7.00-12.00
Email address
Chamber of Commerce number; 67995497
VAT identification number; NL002519477B82
If the entrepreneur's activity is subject to a relevant licensing system: details regarding the supervisory authority;
If the entrepreneur practices a regulated profession:
- the professional association or organisation to which he is affiliated;
- the professional title, the place in the EU or the European Economic Area where it was awarded;
- a reference to the professional rules applicable in the Netherlands and indications where and how these professional rules are accessible.
Article 3 – Applicability
1. These general 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 general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the distance contract is concluded, indicate how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible upon request from the consumer.
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 manner that they can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or in another manner upon request from the consumer. 4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply accordingly, and in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favorable to him.
Article 4 – The Offer
1. If an offer has a limited validity period or is subject to conditions, this shall be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur makes use of images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer.
Article 5 – The Agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer 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 shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.
4. Within legal frameworks, the entrepreneur may ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are relevant for 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 its execution.
5. The entrepreneur shall, at the latest upon delivery of the product, service, or digital content to the consumer, include the following information in writing or in such a manner that it can be stored by the consumer in an accessible way on a durable data carrier:
a. the visiting address of the entrepreneur's establishment where the consumer can submit complaints;
b. 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;
c. information regarding warranties and existing after-purchase service;
d. the price, including all taxes, of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or execution of the distance contract;
e. the requirements for termination of 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 continuous transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of Withdrawal
The cooling-off period is 14 days, unless the law prescribes a longer period.
For products:
1. The consumer may dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided that he has clearly informed the consumer of this prior to the ordering process.
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, received the last shipment or the last part;
c. in the case of agreements for the regular delivery of products over a certain period: the day on which the consumer, or a third party designated by him, received the first product.
In the case of services and digital content not delivered on a tangible medium:
3. The consumer may terminate a service agreement and an agreement for the delivery of digital content not delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
4. The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement. Extended cooling-off period for products, services, and digital content not delivered on a tangible medium in the event of failure to inform about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the legally required information regarding 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.
6. If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within twelve months after 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 – Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for any decrease in value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any decrease in value of the product if the entrepreneur has not provided him with all legally required information regarding the right of withdrawal before or at the time of concluding the agreement.
Article 8 – Exercise of the right of withdrawal by the consumer and associated costs
1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this within the cooling-off 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 shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product himself. The consumer shall in any event be deemed to have complied with the return period if he returns the product before the cooling-off period has expired.
3. The consumer shall return 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 proper 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 is not required to bear the costs of return.
6. If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water, or electricity that has not been made ready for sale in a limited volume or specific quantity commences during the cooling-off period, the consumer owes the entrepreneur an amount proportionate to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation. 7. The consumer shall not bear any costs for the performance of services or the supply of water, gas, or electricity which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the trader has not provided the consumer with the legally required information regarding the right of withdrawal, the reimbursement of costs upon withdrawal, or the model withdrawal form; or;
b. the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.
8. The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
a. prior to delivery thereof, he has not expressly consented to the commencement of the performance of the contract before the end of the cooling-off period;
b. he has not acknowledged losing his right of withdrawal upon 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 supplementary agreements shall be dissolved by operation of law.
Artikel 9 – Verplichtingen van de ondernemer bij herroeping
1. Als de ondernemer de melding van herroeping door de consument op elektronische wijze mogelijk maakt, stuurt hij na ontvangst van deze melding onverwijld een ontvangstbevestiging.
2. De ondernemer vergoedt alle betalingen van de consument, inclusief eventuele leveringskosten door de ondernemer in rekening gebracht voor het geretourneerde product, onverwijld doch binnen 14 dagen volgend op de dag waarop de consument hem de herroeping meldt. Tenzij de ondernemer aanbiedt het product zelf af te halen, mag hij wachten met terugbetalen tot hij het product heeft ontvangen of tot de consument aantoont dat hij het product heeft teruggezonden, naar gelang welk tijdstip eerder valt.
3. De ondernemer gebruikt voor terugbetaling hetzelfde betaalmiddel dat de consument heeft gebruikt, tenzij de consument instemt met een andere methode. De terugbetaling is kosteloos voor de consument.
4. Als de consument heeft gekozen voor een duurdere methode van levering dan de goedkoopste standaardlevering, hoeft de ondernemer de bijkomende kosten voor de duurdere methode niet terug te betalen.
Article 10 – Exclusion of right of withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:
1. Products or services whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
2. Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
a. the performance has commenced with the express prior consent of the consumer; and
b. the consumer has declared that he loses his right of withdrawal as soon as 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 thereof;
6. Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of 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 that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
9. Products that, by their nature, have been irrevocably mixed with other products after delivery; 10. Alcoholic beverages the price of which was agreed upon at the time of concluding the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
11. Sealed audio and 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:
a. performance has begun with the express prior consent of the consumer; and
b. the consumer has declared that he thereby loses his 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 shall not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices if those prices are subject to fluctuations in the financial market and the entrepreneur has no influence over them. This dependence on fluctuations and the fact that any stated prices are indicative prices shall be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of 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. 5. The prices stated in the offer of products or services include VAT.
Article 12 – Performance of the Agreement and Additional Warranty
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 statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. An additional warranty provided by the entrepreneur, his supplier, manufacturer, or importer shall never limit the statutory rights and claims that the consumer may assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to perform his part of the agreement.
3. An additional warranty is understood to mean any obligation of 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 the event that he has failed to perform his part of the agreement.
Article 13 – Delivery and Execution
1. The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery shall be the address that the consumer has provided to the entrepreneur.
3. Subject to what is stated regarding this 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 be executed or can only be partially executed, the consumer shall be notified thereof no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost and is entitled to any compensation for damages.
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 a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.
Article 14 – Long-term transactions: duration, termination and renewal
Termination:
1. The consumer may terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services at any time
subject to the agreed termination rules and a notice period of at most one month.
2. The consumer may terminate an agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services at any time at the end of the fixed period, subject to the agreed termination rules and a notice period of at most one month.
3. The consumer may terminate the agreements mentioned in the previous paragraphs:
- at any time and not be limited to termination at a specific time or in a specific period;
- at least in the same manner as they were entered into by him;
- always with the same notice period as the entrepreneur has stipulated for himself.
Extension:
4. An agreement entered into for a fixed term and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.
5. Notwithstanding the previous paragraph, an agreement entered into for a fixed term and which provides for the regular delivery of daily newspapers, news magazines, weekly newspapers and periodicals may be tacitly extended for a fixed duration of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension period with a notice period of at most one month.
6. An agreement entered into for a fixed term and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer may terminate it at any time with a notice period of at most one month. The notice period shall be at most three months in the event that the agreement provides for the regular, but less than once a month, delivery of daily newspapers, news magazines, weekly newspapers and periodicals. 7. An agreement of limited duration for the regular delivery of daily newspapers, news magazines, weekly newspapers, and periodicals for introductory purposes (trial or introductory subscription) shall not be tacitly renewed and shall terminate automatically upon the end of 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 preclude termination before the end of the agreed duration.
Article 15 – Payment
1. Unless otherwise stipulated in the agreement or supplementary conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period commences 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 required in general terms and conditions to make an advance payment of more than 50%. When advance payment has been agreed upon, the consumer cannot assert any right regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay. 4. If the consumer fails to meet his payment obligation(s) in a timely manner, he shall, after having been notified by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, and after failure to pay within this 14-day period, owe statutory interest on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500 and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur may deviate from the aforementioned amounts and percentages in favor of the consumer.
Article 16 – Complaints Procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints regarding 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 calculated 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 regarding 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 (https://www.keurmerk.info/klacht/). The complaint is then sent to both the relevant entrepreneur and Stichting Webshop Keurmerk.
5. Stichting Webshop Keurmerk will inform the entrepreneur about the dispute and mediate. 6. Stichting Webshop Keurmerk shall act independently and inform both the entrepreneur and the consumer of the applicable legislation.
Article 17 – Disputes
Disputes may, without prejudice to mandatory legal provisions, be submitted by the consumer
to the competent court.
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
Article 18 – Supplementary or deviating provisions
Supplementary 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 manner that they can be stored by the consumer in an accessible way on a durable data carrier.
Article 19 – Amendment of the general terms and conditions of Stichting Webshop Keurmerk
Changes to these terms and conditions shall only be effective after they have been published in an appropriate manner,
provided that, in the event of applicable changes during the term of an
offer, the provision most favorable to the consumer shall prevail.
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