General Terms and Conditions Stichting Webshop Keurmerk. 

These General Terms and Conditions of Stichting Webshop Keurmerk were drawn up in consultation with the Consumers' Association within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and will take effect from 1 June 2014.

These General Terms and Conditions shall be used by all members of Stichting Webshop Keurmerk with the exception of financial services as referred to in the Financial Supervision Act (Wet Financieel Toezicht) and in so far as these services are supervised by the Netherlands Authority for the Financial Markets (Autoriteit Financiële Markten).

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 - 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 case of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Fulfilment and additional guarantee
Article 13 - Delivery and execution
Article 14 - Continuing 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 General Terms and Conditions of Stichting Webshop Keurmerk

 

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

  1. Supplementary agreementmeans an agreement whereby the consumer acquires products, digital content and/or services in relation to a distance contract and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;
  2. Reflection period: the period within which the consumer can make use of his right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Rental agreementmeans an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period of time;
  7. Durable mediumEvery tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that makes future consultation or use possible for a period of time that is tailored to the purpose for which the information is intended, and that makes it possible to reproduce the stored information unchanged;
  8. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
  9. EntrepreneurThe natural or legal person who is a member of Stichting Webshop Keurmerk and who offers products, (access to) digital content and/or services to consumers from a distance;
  10. Distance contractmeans an agreement that is 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 sole or joint use is made of one or more techniques for distance communication up to and including the moment at which the agreement is concluded;
  11. Model withdrawal formthe European model withdrawal form included in Annex I of these Terms and Conditions;
  12. Technology for remote communicationmeans that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time;

Article 2 - Identity of the entrepreneur

Name of Entrepreneur: WijnDijck BV
Business address; De Wagenmaker 8, 1851 PX HEILOO
Phone number : 072-5470423
E-mail address : info@wijndijck.nl
Chamber of Commerce number; 37090573
BTW-identificatienummer; NL808752832B01

Article 3 - Applicability

  1. These general conditions apply to any offer from the entrepreneur and any agreement reached at a distance between the entrepreneur and
  2. Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the general conditions can be viewed at the trader's premises and that, at the consumer's request, they will be provided free of charge as quickly as possible.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
  4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply by analogy and the consumer may always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will 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 uses images, these are a true reflection of the products, services and / or digital Obvious mistakes or obvious errors in the offer binding on the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what his rights and obligations are, which are linked to the acceptance of the offer.
  4. If the wine of a certain year is sold out, we will automatically move on to the next year. If not sold out.

Article 5 - The agreement

  1. The contract is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereof are fulfilled.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the contract.
  3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur may, within the limits of the law - to inform the consumer of his payment obligations, and of all those facts and factors relevant to a sound conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
  5. No later than at the time of delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium:
    a. the visiting address of the trader's business establishment where the consumer can lodge complaints;
    b. the conditions on which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
    c. the information on guarantees and existing after-sales services;
    d. the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
    e. the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite;
    f. if the consumer has a right of withdrawal, the model form for withdrawal
  6. In the event of an extended transaction, the provision in the previous paragraph shall apply only to the first delivery.

Article 6 - Right of withdrawal

In products:

  1. The consumer can conclude an agreement related to the purchase of a product during a reflection period of at least 14 days without giving reasons.
  2. The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, and who is not the carrier, has received the product, or:
    a. if the consumer has ordered multiple products in one order: the day the consumer or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, an order of multiple products with a different delivery time
    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 case of contracts for regular delivery of products during a certain period of time: the day on which the consumer or a third party designated by him has received the first product.

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

  1. The consumer can terminate a service contract and a contract for delivery of digital content not supplied on a tangible medium during at least 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but may not ask the consumer to give his reason(s).
  2. The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling off period for products, services and digital content which is not supplied on a tangible medium in the absence of information about the right of withdrawal:

  1. 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 will expire twelve months after the end of the original cooling-off period, as stipulated in the previous paragraphs of this article.
  2. If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer has received this information.

Article 7 - Obligations of the consumer during the reflection period

  1. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would in a shop.
  2. The consumer is only liable for depreciation of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph
  3. The consumer is not liable for any reduction in the value of the product if the trader did not provide him with all the information required by law concerning the right of withdrawal before or at the time of concluding the contract.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer uses his right of withdrawal, he shall notify the trader of this within the withdrawal period by means of the model form for withdrawal or in another unequivocal manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has in any case complied with the return period if he sends the product back before the cooling-off period expires.
  3. The consumer shall return the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear manner provided by the operator.
  4. The risk and burden of proof of the correct and timely exercise of the right of withdrawal shall lie with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer should bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to pay the costs of return shipment.
  6. If the consumer withdraws after first having explicitly requested that the performance of the service or the supply of gas, water or electricity which are not made ready for sale in a limited volume or set quantity shall begin during the withdrawal period, the consumer shall owe the entrepreneur an amount which is in proportion to that part of the commitment fulfilled by the entrepreneur at the time of withdrawal compared to the full extent of the
  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:
    1. the trader has not provided the consumer with the legally required information on the right of withdrawal, on reimbursement of costs in the event of withdrawal or on the model form for withdrawal, or
    2. the consumer did not expressly request the start of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period
  8. The consumer shall bear no cost for the complete or partial delivery of digital content not supplied on a tangible medium if:
    1. he has not expressly consented to the commencement of performance of the contract before the end of the cooling-off period;
    2. he has not acknowledged losing his right of withdrawal when giving his consent; or
    3. the trader has failed to receive this declaration from the consumer
  9. If the consumer makes use of his right of withdrawal, all supplementary contracts shall be deemed to have been concluded by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal

  1. If the trader makes it possible for the consumer to notify withdrawal electronically, he will send a
  2. All articles can be returned within 14 days after receipt and your money will be refunded. This applies explicitly that the seal / packaging may not be broken and the articles in undamaged condition, postage prepaid at WijnDijck are delivered.
  3. The trader shall reimburse all payments made by the consumer, including the costs of delivery charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer gives notice of withdrawal. Unless the trader offers to collect the product himself, he may wait to reimburse the consumer until he has received the product or until the consumer can demonstrate that he has returned it, whichever comes first.
  4. The entrepreneur uses for reimbursement the same means of payment that the consumer has used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
  5. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs for the more expensive method.

Article 10 - Exclusion of right of withdrawal

The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract:

  1. Products or services of which the price is linked to fluctuations on the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period
  2. Contracts which are concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is present in person or has the possibility to be present in person at the auction, led by an auctioneer, and in which the successful Service contracts, after full execution of the service, but only if:
    1. the execution has started with the explicit prior consent of the consumer; and
    2. the consumer has declared that he loses his right of withdrawal when the entrepreneur has completely fulfilled the contract;
  3. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, carriage of goods, car rental services and catering;
  4. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
  5. Products made to the consumer's 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;
  6. Products that spoil quickly or have a limited shelf life;
  7. Sealed products which are not suitable for return due to health protection or hygiene reasons and of which the seal has been broken after delivery;
  8. Products that, after delivery, are irrevocably mixed with other products due to their nature;
  9. Alcoholic beverages of which the price was agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market over which the entrepreneur has no influence;
  10. Sealed audio, video recordings and computer software of which the seal has been broken after delivery;
  11. bidder is obliged to purchase the products, digital content and/or services;
  12. Newspapers, journals or magazines with the exception of subscriptions to these;
  13. The delivery of digital content other than on a tangible medium, but only if:
    1. the execution has started with the explicit prior consent of the consumer; and
    2.     the consumer has declared that he thereby loses his right of withdrawal

Article 11 - The price

  1. During the validity period mentioned in the offer, the prices of the products and/or services offered are not increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the trader's control, at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices, will be included in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
    1. they are the result of statutory regulations or provisions; or
    2. the consumer is entitled to terminate the contract on the day on which the price increase
  5. The prices mentioned in the offer of products or services include
  6. For individuals, we apply the following discount percentages. Package deals and monthly offers are excluded. When you buy 24 bottles 2%, 36 bottles 3%, 48 bottles 4%, 60 bottles 5%, 72 bottles 6%, 84 bottles 7%, 96 bottles 8%, 108 bottles 9% and from 120 bottles 10%, this discount is credited to you afterwards.
  7. For trade prices (shops and restaurants) please contact us : 072-5470423 or info@wijndijck.nl

Article 12 - Fulfilment of agreement and additional guarantee

  1. The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
  2. An additional guarantee provided by the trader, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer, on the basis of the contract, can enforce against the trader if the trader has failed to fulfil his part of the
  3. By additional guarantee is meant any commitment 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 obligated to do in case he has failed to fulfill his part of the

Article 13 - Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and carrying out orders for products and in assessing applications for the provision of
  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 terms and conditions, the operator accepted orders expeditiously but not later than 30 days, unless a different delivery has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than 30 days after the order was placed.
  4. After termination in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
  5. The risk of damage and/or loss of products rests with the trader up to the moment of delivery to the consumer or a representative previously designated by the trader and announced to the trader, unless expressly stated otherwise.
  6. We do not sell alcohol to anyone under the age of 18.

Article 14 - Continuing transactions: duration, termination and renewal

Notice:

  1. The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time

terminate the agreement subject to the agreed termination rules and a notice period of no more than one month.

  1. The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice of up to one
  2. The consumer may terminate the contracts referred to in the previous paragraphs:
    • termination at any time and not be limited to termination at a specific time or during a specific period;
    • at least terminate them in the same manner as they were entered into by him;
    • always terminate with the same notice as the entrepreneur has for himself

Extension:

  1. A fixed-term contract that has been concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period of time.
  2. Notwithstanding the previous paragraph, a contract for a definite period, which extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a maximum of three months if the consumer can terminate this renewed contract towards the end of the extension with a notice of not more than one month.
  3. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month.
  4. An agreement with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) is not automatically continued and ends at the end of the trial or introductory period.

Duration:

  1. If a contract lasts more than one year, after one year the consumer may at any time terminate with a notice of up to one month, unless reasonableness and fairness resisting the termination before the end of the agreed term.

Article 15 - Payment

  1. Insofar not otherwise specified in the contract or additional conditions, the amounts payable by the consumer should 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 contract. In case of a contract to provide a service, this period commences on the day after the consumer has received the confirmation of the contract.
  2. When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. When an advance payment has been agreed, the consumer may not assert any rights regarding the execution of the order or service(s), before the advance payment has been made.
  3. The consumer has the duty to inform the trader immediately of any inaccuracies in payment details provided or stated.
  4. If the consumer does not fulfil his payment obligation(s) on time, he shall, after being notified by the proprietor of the late payment and after the proprietor has given the consumer a period of 14 days to fulfil his payment obligations, still owe the statutory interest on the amount owing after the payment has not been made within this 14-day period, and the proprietor has the right to charge extrajudicial collection costs. These collection costs amount to a maximum of: 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 proprietor may deviate from the aforementioned amounts in favour of the consumer, and

Article 16 - Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.

  1. Complaints about the implementation of the agreement must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects.
  2. Complaints submitted to the trader will be replied to within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  3. A complaint about a product, a service or the Entrepreneur's service can also be submitted via a complaints form on the consumer page of the website of Stichting Webshop Keurmerk (http://keurmerk.info/Home/MisbruikOfKlacht) The complaint will then be sent both to the entrepreneur in question and to Stichting Webshop Keurmerk.
  4. If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 months after the complaint was submitted, a dispute arises which is open to the dispute settlement procedure.

Article 17 - Disputes

  1. Contracts between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law.
  2. Disputes between the Consumer and the Entrepreneur about the formation or the performance of contracts related to products or services to be delivered or that have been delivered by this Entrepreneur can be submitted with the Geschillencommissie Webshop, Postbus 90600, 2509 LP in The Hague, the Netherlands (sgc.com).
  3. A dispute will only be taken into consideration by the Disputes Committee if the consumer has first submitted his complaint to the trader within a reasonable period of time.
  4. The dispute must be submitted in writing to the Disputes Committee no later than twelve months after the dispute arose.
  5. When the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound to this choice. When the entrepreneur wants to do that, the consumer will have to speak out 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. Hear the entrepreneur choice of the consumer within the period of five weeks, then the entrepreneur entitled to submit the dispute to the competent
  6. The Disputes Committee pronounces its judgment under the conditions as set out in the regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/de- committees/2701/webshop). The decisions of the Disputes Committee are binding.
  7. The Disputes Committee will not deal with a dispute or will terminate the proceedings if the trader has been granted a suspension of payments, gone bankrupt or has actually terminated business activities before the Committee dealt with the dispute at the session and rendered a final ruling.
  8. If, in addition to the Geschillencommissie Webshop, another recognized arbitration board or one affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) has jurisdiction, the Geschillencommissie Stichting Webshop Keurmerk shall have preference for disputes concerning mainly the method of distance selling or the provision of services.

Article 18 - Industry guarantee

  1. Stichting Webshop Keurmerk guarantees the fulfilment of the binding advice of the Disputes Committee Webshop Keurmerk by its members unless the member decides to submit the binding opinion within two months after the notice is sent for review to the court. This guarantee revives if the binding opinion after review by the court has been maintained and the judgment which shows this has become final. Up to an amount of €10,000,- per binding opinion, this amount will be paid to the consumer by Webshop Keurmerk. For amounts greater than €10,000,- per binding opinion, €10,000,- will be paid. For the larger amount Webshop Keurmerk has an obligation to try to ensure that the member can comply with the binding advice.
  2. For application of this guarantee it is required that the consumer files a written appeal with Stichting Webshop Keurmerk and that the consumer transfers his claim on the entrepreneur to StichtingWebshop. If the claim on the entrepreneur exceeds €10.000,- it will be offered to consumers to the extent that the claim in excess of €10.000,- will be transferred to Stichting Webshop Keurmerk, who will in its own name and costs shall try to get payment and fulfilment of these rights to the consumer.

Article 19 - Additional or different provisions

Additional provisions or provisions that deviate from these general conditions, may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.

Article 20 - Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk

  1. Stichting Webshop Keurmerk will not change these General Terms and Conditions without consultation with the Consumentenbond.
  2. Amendments to these terms and conditions shall only take effect after they have been published in the appropriate manner, on the understanding that, in the event of applicable amendments during the term of an offer, the provision that is most favourable to the consumer shall apply.

 

Address Stichting Webshop Keurmerk: Willemsparkweg 193, 1071 HA Amsterdam