TERMS AND CONDITIONS

These General Terms and Conditions of the Dutch Home Shopping Organization have been drawn up in consultation with the Consumers’ Association within the framework of the Coordination Group Self-regulation Consultation (CZ) of the Social and Economic Council and will enter into force on 1 January 2011.

 

These General Terms and Conditions will be used by all members of the Dutch Home Shopping Organization with the exception of financial services as referred to in the Financial Supervision Act and insofar as these services are supervised by the Financial Markets Authority. If you have any questions after reading, you can ask them via the Online Application Form below this page.

Table of contents:

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 – Costs in case of withdrawal

Article 8 – Exclusion of right of withdrawal

Article 9 – The price

Article 10 – Compliance and warranty

Article 11 – Delivery and implementation

Article 12 – Duration transactions

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Disputes

Article 16 – Industry guarantee

Article 17 – Additional or different stipulations

Article 18 – Amendments to the general terms and conditions of Thuiswinkel

Article 1 – Definitions

In these conditions the following terms have the following meanings:

  1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Duration transaction: a distance contract with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
  5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information;
  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  7. Entrepreneur: the natural or legal person who is a member of the Dutch Thuiswinkel Organization and who offers products and / or services to consumers at a distance;
  8. Distance contract: an agreement in which, within the framework of a system for distance selling of products and / or services organized by the entrepreneur, up to and including the conclusion of the agreement, use is exclusively made of one or more techniques for distance communication;
  9. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having come together in the same space at the same time;

Article 2 – Identity of the entrepreneur

Name entrepreneur: De ZwemSpecialist

Business & visiting address:

Weerselosestraat 69

7577PN Oldenzaal

Phone number: + 31 085 4895818

Accessibility: From Monday to Friday from 9:00 AM to 5:00 PM & Saturday from 10:00 AM to 6:00 PM

Email address: info@zwemspecialist.nl

Chamber of Commerce number: 65288394

VAT identification number: NL213315336B01

Article 3 – Applicability

3.1 These general terms and conditions apply to every offer from the entrepreneur. And on every distance contract concluded between entrepreneur and consumer.

3.2 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge at the request of the consumer.

3.3 If the distance contract is concluded electronically, in derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can be easily stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.

3.4 In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most appropriate to him. is beneficial.

Article 4 – The offer

4.1 If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

4.2 The offer contains a complete and accurate description of the products 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 and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

4.3 Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

  • the price including taxes;
  • any delivery costs;
  • the way in which the agreement will be concluded and which actions are required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery and implementation of the agreement;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
  • whether the contract is filed after conclusion, and if so, how it can be consulted by the consumer;
  • the way in which the consumer, before concluding the contract, can check the data provided by him under the contract and repair it if desired;
  • any other languages in which, in addition to Dutch, the contract can be concluded;
  • the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically;
  • the minimum duration of the distance contract in the event of an extended transaction.

Article 5 – The agreement

5.1 The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the corresponding conditions.

5.2 If the consumer has accepted the offer electronically, the entrepreneur will immediately electronically confirm receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

5.3 If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

5.4 The entrepreneur can – 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 reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.

5.5 The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

  1. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
  2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  3. information about guarantees and existing after-sales service;
  4. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;

5.6 In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal upon delivery of products

On delivery of products:

6.1 When purchasing products, the consumer has the option to dissolve the contract without giving any reason during 30 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.

When providing services:

6.2 When providing services, the consumer has the option to dissolve the contract without giving any reason during at least fourteen days, starting on the day of entering into the contract.

6.3 To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest upon delivery.

Article 7 – Costs in case of withdrawal

7.1 If the consumer makes use of his right of withdrawal, at most the costs of return will be for his account.

 

7.2 If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.

 

Article 8 – Exclusion of right of withdrawal

8.1 The entrepreneur can exclude the right of withdrawal of the consumer insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.

 

8.2 Exclusion of the right of withdrawal is only possible for products:

that have been created by the entrepreneur in accordance with the consumer’s specifications;

  1. which are clearly of a personal nature;
  2. which cannot be returned due to their nature;
  3. that can spoil or age quickly;
  4. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  5. for individual newspapers and magazines;
  6. for audio and video recordings and computer software of which the consumer has broken the seal.
  7. used by consumers in water.

 

8.3 Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;

 

whose delivery has begun with the express consent of the consumer before the reflection period has expired;

concerning bets and lotteries.

 

Article 9 – The price

9.1 During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates.

9.2 Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.

9.3 Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

9.4 Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: these are the result of statutory regulations or provisions; or the consumer is authorized to terminate the agreement with effect from the day on which the price increase takes effect.

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

Article 10 – Compliance and Warranty

10.1 The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

10.2 A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Article 11 – Delivery and implementation

11.1 The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

11.2 The place of delivery is the address that the consumer has made known to the company.

11.3 With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract without costs and the right to any compensation.

11.4 In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.

11.5 If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the entrepreneur.

11.6 The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration transactions

12.1 The consumer can terminate an agreement that has been concluded for an indefinite period at any time, with due observance of the agreed cancellation rules and a notice period of no more than one month.

12.2 An agreement that has been entered into for a definite period has a term of maximum two years. If it has been agreed that the distance contract will be extended if the consumer remains silent, the contract will be continued as an indefinite contract and the notice period after the contract has been continued will be a maximum of one month.

Article 13 – Payment

13.1 Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the event of an agreement to provide a service, this period commences after the consumer has received the confirmation of the agreement.

13.2 When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When prepayment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service (s) concerned before the stipulated prepayment has taken place.

13.3 The consumer has the duty to immediately report inaccuracies in payment data provided or stated to the entrepreneur.

13.4 In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

14.1 The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

14.2 Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.

14.3 Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

14.4 A complaint about a product, service or service of the entrepreneur can also be submitted via a complaint form on the consumer page of the website of the Dutch Thuiswinkel Organization www.thuiswinkel.org. The complaint will then be sent to the entrepreneur concerned as well as to the Dutch Home Shopping Organization.

14.5 If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.

Article 15 – Disputes

15.1 Only Dutch law applies to contracts between the entrepreneur and the consumer to which these general terms and conditions apply.

15.2 Disputes between the consumer and the entrepreneur about the conclusion or execution of agreements regarding products and services to be delivered or delivered by this entrepreneur, can be submitted to the Disputes Committee, with due observance of the provisions below. Thuiswinkel, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).

15.3 A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.

15.4 The dispute must be submitted to the Disputes Committee in writing no later than three months after the dispute has arisen.

15.5 When the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wants to do that, the consumer will have to state in writing within five weeks after a request made in writing by the entrepreneur whether he wishes to do so or whether he wants the dispute to be dealt with by the competent court. 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.

15.6 The Disputes Committee makes a decision under the conditions as set out in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by binding advice.

15.7 The Disputes Committee will not handle a dispute or discontinue its treatment if the entrepreneur has been granted a moratorium, has been declared bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the committee at the hearing and a final decision has been made.

15.8 If, in addition to the Thuiswinkel Disputes Committee, another recognized disputes committee or a member of the Disputes Committees for Consumer Affairs (SGC) or the Complaints Institute for Financial Services (Kifid) is authorized, the Disputes Committee Home Shop is exclusively for disputes concerning mainly the method of distance selling or services. competent. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.

Article 16 – Industry guarantee

16.1 The Dutch Home Shopping Organization guarantees compliance with the binding advice of the Home Shopping Disputes Committee by its members, unless the member decides to submit the binding advice to the court for review within two months of its dispatch. This guarantee revives if the binding advice has been upheld after judicial review and the verdict from which this is evident has become final. The Dutch Thuiswinkel Organization will pay this amount to the consumer up to a maximum amount of € 10,000 per binding advice. For amounts greater than € 10,000 per binding advice, € 10,000 will be paid. For the excess, the Dutch Home Shopping Organization has an effort obligation to ensure that the member complies with the binding advice.

16.2 Application of this guarantee requires that the consumer makes a written appeal to the Dutch Thuiswinkel Organization and that he transfers his claim on the entrepreneur to the Dutch Thuiswinkel Organization. If the claim on the entrepreneur is more than € 10,000, the consumer is offered to transfer his claim insofar as it exceeds the amount of € 10,000 to the Dutch Thuiswinkel Organization, after which this organization will bear the name and expense of the legal payment will ask for satisfaction to the consumer.

Article 17 – Additional or different stipulations

Additional or deviating provisions 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 18 – Amendments to the general terms and conditions of Thuiswinkel

18.1 The Dutch Thuiswinkel Organization will only amend these general terms and conditions in consultation with the Consumers’ Association.

18.2 Changes in these terms and conditions will only take effect after they have been published in an appropriate manner, it being understood that in the event of applicable changes during the term of an offer, the provision that is most favorable to the consumer will prevail.