General Terms and Conditions

What are our terms and conditions and what level of service can you expect from us?

General Terms and Conditions of the Dutch Homeshopping Association (Thuiswinkel)

These General Terms and Conditions of the Dutch Homeshopping Association (hereinafter called  “Thuiswinkel.org”) 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 are effective as of 1 June 2014.

Contents:

Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Consumer’s obligations during the reflection period
Article 8 - Exercising the right of withdrawal by consumers and the costs involved
Article 9 – Trader’s obligations in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Contract fulfilment and extra guarantee
Article 13 - Delivery and performance
Article 14 - Continuing performance contracts: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Branch guarantee
 Article 19 - Additional or non-standard provisions
Article 20 - Amendment of the General Terms and Conditions of the Dutch Homeshopping Association (Thuiswinkel)
Appendix 1: Model form for withdrawal

Article 1 - Definitions

The following definitions apply in these terms and conditions:

  1. Supplementary agreement: an agreement in which a consumer obtains products, digital content and/or services via a distance contract, and a trader or a third party delivers these products, digital content and/or services in accordance with an agreement between that third party and the trader;Reflection period: the period within which the consumer may exercise the right of withdrawal.

  2. Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;

  3. Day: a calendar day;

  4. Digital content: data that is produced and supplied in a digital form;

  5. Continuing performance agreement: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;

  6. Durable medium: every means - including emails - that enables a consumer or trader to store information that is sent to them personally in a way that facilitates the future use or consultation of such during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;

  7. Right of withdrawal: the right of the consumer to withdraw from the distance agreement within the reflection period;

  8. Trader: a natural or legal person who is a member of Thuiswinkel.org and who offers products, (access to) digital content and/or services to consumers from a distance;

  9. Distance contract: a contract concluded between a trader and a consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby sole or partial use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;

  10. Model form for contract withdrawal: the European model form for a contract withdrawal that is included in Appendix I of these terms and conditions;

  11. Technique for distance communication: means that can be used for communication regarding the offer made by the trader and the conclusion of a contract, without the necessity of the consumer and trader being in the same place at the same time.

Article 2 - Identity of the trader

Feyenoord Rotterdam NV
Van Zandvlietplein 3, 3077 AP Rotterdam;
Telephone number: +31 (0)900 1908 (45 ct p/c)
E-mail address: fanshoponline@feyenoord.nl
Chamber of Commerce number: 24363218
VAT number: NL8131.45.673.B.01

 Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by a trader and to every distance contract that has been concluded between a trader and a consumer.
  2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
  3. If the distance contract is concluded electronically, in derogation to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.
  4. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favourable to him in the event of conflicting general terms and conditions.


Article 4 - The offer
 

  1. If an offer is subject to a limited period of validity or is made subject to conditions, which will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the consumer to make a well-informed decision about the offer. If the trader makes use of illustrations, these will give a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
  3. Every offer contains information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer.


Article 5 - The contract
 

  1. The contract will be concluded, notwithstanding that stipulated in paragraph 4, at the moment when the consumer accepts the offer and the stipulated conditions have been fulfilled.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm the receipt of the acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.
  3. If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and it will provide a secure web environment. If the consumer is able to pay electronically, the trader will take the appropriate security measures.
  4. The trader may carry out checks – within the limitations set by law – to verify the consumer’s ability to fulfil the payment obligations, as well as enquiries in relation to all the facts and factors that are important for the responsible conclusion of the distance contract. If these enquiries give the trader reasonable grounds for declining to conclude the contract, then it has the right to refuse an order or application, or to attach special conditions to the performance, with an explanation of the reasons for such.
  5. The trader will send a consumer, no later than the delivery of a product, service or digital content, in writing, or in such a way that the consumer can store it on an accessible durable medium, the following information:
  6. the office address of the trader’s business location where the consumer can send a complaint;
  7. the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to an exclusion of the right of withdrawal;
  8. information about guarantees and existing after-sales service;
  9. the price, including all taxes on the product, service or digital content; the costs of delivery insofar as applicable, and the method of payment, delivery or performance of the distance contract;
  10. the requirements for terminating the contract, if the duration of the contract exceeds one year or if it is for an indefinite period;
  11. if the consumer has a right of withdrawal, the model form for the contract withdrawal.
    1. In the case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.


Article 6 - Right of withdrawal

For the purchase of products: 

  1. When purchasing products, a consumer has a right to dissolve a contract, without giving reasons, during a period of at least 14 days. The trader is allowed to ask a consumer about the reason for this dissolution, but the consumer is under no obligation to state his/her reason(s).
  2. The reflection period stipulated in paragraph 1 shall commence on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the carrier, or:
  3. if the consumer has ordered several products: the day on which the consumer, or a third party designated by the consumer, received the last product. The trader may refuse a single order for several products with different delivery dates, provided it clearly informs the consumer about this before the ordering process has been completed.
  4. if the delivery of a product involves multiple deliveries or part deliveries: the day on which the consumer, or a third party designated by the consumer, received the last delivery or the last part delivery; 
  1. with contracts for the regular delivery of products over a given period: the day on which the consumer, or a third party designated by the consumer, received the last product.


For services and digital content that is not supplied on a physical medium:
 

  1. A consumer has the right to dissolve a contract, without giving reasons, for the supply of digital content that is not supplied on a physical medium during a period of at least fourteen days. The trader is allowed to ask a consumer about the reason for this dissolution, but the consumer is under no obligation to state his/her reason(s).
  2. The reflection period stipulated in paragraph 3 commences on the day after the contract is concluded. 


Extended reflection period for products, services and digital content that is not supplied on a physical medium in the event a consumer was not informed about the right of withdrawal
:

  1. If the trader did not provide the consumer with the information that is compulsory under the law about the right of withdrawal, or if the model form was not provided, the reflection period shall end twelve months after the end of the reflection period originally stipulated in accordance with the previous paragraphs of this article.
  2. If the trader provided the consumer with the information referred to in the previous paragraph within twelve months of the commencement date of the original reflection period, the reflection period shall end 14 days after the date on which the consumer received this information. 


Article 7 – Consumer’s obligations during the reflection period

  1. During the reflection period, the consumer shall handle the product and its packaging with due care. He shall only unpack or use the product insofar as necessary in order to assess the nature, characteristics and working of the product. The rule here is that the consumer may only handle and inspect the product in the same way that he would be allowed to in a shop.
  2. The consumer is only liable for any product that is a consequence of its handling the product other than as permitted in paragraph 1.
  3. The consumer is not liable for any impairment of the product’s value if the trader did not provide him with all the information that is compulsory under the law about the right of withdrawal before the contract was concluded. 


Article 8 - Exercising the right of withdrawal by consumers and the costs involved
 

  1. A consumer who wants to exercise the right of withdrawal must notify this to the trader within the reflection period by means of the model form for contract withdrawal, or in some other unambiguous way.
  2. As quickly as possible, but no later than 14 days after the date of notification as referred to in paragraph 1, the consumer must return the product, or hand it over to (a representative of) the trader. This is not necessary if the trader has offered to collect the product itself. The consumer will in any case have complied with the deadline for returning goods if he sends the product back before the reflection period has elapsed.
  3. The consumer must return the product with any accessories that were supplied, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
  4. The risk and the burden of proof for exercising the right of withdrawal correctly and in time will rest upon the consumer.
  5. The consumer will carry the direct cost of returning the items. If the trader has not stated that the consumer will carry these costs or if the trader indicates a willingness to carry these costs itself, then the consumer will not have to carry the cost of returning any goods.
  6. If the consumer exercises the right of withdrawal, after first explicitly having asked that the provision of the service, or the supply of gas, water or electricity that is not ready for sale, commences in a limited volume or a certain quantity during the reflection period, the consumer shall owe the trader a sum of money that is equivalent to that proportion of the contract that the trader has already fulfilled on the moment of withdrawal, this relative to the fulfilment of the contract as a whole.
  7. The consumer shall bear no costs for the delivery of services or the supply of water, gas or electricity not ready for sale – in a limited volume or quantity – or for the supply of urban district heating, if:
  8. the trader did not provide the consumer with the information that is compulsory under the law about the right of withdrawal, the costs payable in the event of withdrawal, or the model form for contract withdrawal, or if:
  9. the consumer did not explicitly ask about the commencement of the delivery the service or the delivery of gas, water, electricity or urban district heating during the reflection period.
    1. The consumer will not have to carry the cost of any whole or partial supply of digital content that is not supplied on a physical medium if:
    2. prior to delivery, he did not explicitly consent to the start of the fulfilment of the contract before the end of the reflection period;
    3. he did not acknowledge the loss of the right of withdrawal when he gave this consent; or
    4. the trader neglected to confirm any statement to this effect made by the consumer.
      1. If a consumer exercises his right of withdrawal, any supplementary agreements will also be legally dissolved. 


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

  1. If the trader makes it possible for a consumer to notify a contract withdrawal by electronic means, then after receiving such a notification, it must send a confirmation of receipt immediately.
  2. The trader will immediately reimburse the consumer for all payments, including any delivery costs the trader charged for the returned product, within 14 days after the date on which the consumer notified it about the withdrawal. Except in cases where the trader has offered to collect the product, it can postpone the payment of any refunds until it has received the product or until the consumer proves he has returned the product, depending on which occurs earlier.
  3. The trader will carry out the refund the using the same payment method that was initially used by the consumer, unless the consumer agrees to another method. The reimbursement will be free of charge for the consumer.
  4. If the consumer chose a more expensive method of delivery than the cheapest standard delivery, the trader will not have to refund the additional cost of the more expensive method. 


Article 10 - Exclusion of the right of withdrawal
 

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

  1. Products or services whose prices are subject to fluctuations on the financial market over which the trader has no control and which can occur within the reflection period;
  2. Contracts concluded during a public auction. A public auction is defined as a sales method whereby a trader offers products, digital content and/or services at an auction, which is held by an auctioneer, and whereby the winning bidder is obliged to purchase the products, digital content and/or services;
  3. Service contracts, after full completion of the service, but only if:
  4. performance started with the explicit prior agreement of the consumer; and
  5. the consumer agreed to the loss of the right of withdrawal as soon as the trader had completed the contract in full;
    1. Service contracts for the provision of accommodation, if the contract already stipulates a certain date or period of performance, other than for residential purposes, the transport of goods, car rental services, or catering;
    2. Contracts relating to leisure activities, if the contract already stipulates a certain date or period of performance;
    3. Products manufactured according to the consumer’s specifications, which were not prefabricated and were made based on a consumer’s specific choice or decision, or which are clearly intended for a specific person;
    4. Products that are perishable or have a limited shelf-life;
    5. Sealed products that, for reasons relating to the protection of health or hygiene, are unsuitable for return and whose seal has been broken after delivery;
    6. Products that, due to their nature, have been irretrievably mixed with other products;
    7. Alcoholic beverages, the price of which was agreed when the contract was concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which the trader has no control;
    8. Sealed audio/video recordings and computer software whose seal has been broken after delivery;
    9. Newspapers, journals, or magazines, with the exception of subscriptions to such;
    10. The delivery of digital content other than on a physical medium, but only if:
    11. performance started with the explicit prior agreement of the consumer; and
    12. the consumer declared that this implied his having lost his right of withdrawal. 


Article 11 - The price

  1. During the period of validity stated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes due to changes in VAT rates.
  2. In derogation to the previous paragraph, the trader may offer products or services at variable prices in cases where these prices are subject to fluctuations in the financial market over which the trader has no control. The offer must include a reference to this link with fluctuations and the fact that any prices mentioned are recommended prices.
  3. Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
  4. Price increases more than 3 months after the contract was concluded are only permitted if the trader stipulated such, and: 

a. they are the result of statutory regulations or stipulations; or 

b. the consumer has the right to terminate the contract as per the date on which a price increase takes effect. 

  1. Prices stated in offers for products or services shall be inclusive of VAT. 

Article 12 - Contract fulfilment and extra guarantee 

  1. The trader guarantees that the products and/or services will conform to the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability, and the statutory stipulations and/or government regulations that were in force on the date the contract was concluded. The trader will also guarantee that the product is suitable for other than the normal usage if this has been agreed.
  2. An extra guarantee arrangement offered by the trader, manufacturer or importer shall at no time limit the statutory rights and claims that a consumer can enforce against the trader on the grounds of the contract if the trader failed to fulfil its part of the contract.
  3. An extra guarantee is defined as any undertaking of a trader, its supplier, importer, or manufacturer, which accords rights or claims to a consumer over and above those provided by law, in the event it fails to fulfil its part of the contract. 


Article 13 - Delivery and performance
 

  1. The trader will take the greatest possible care when receiving and implementing orders for products, and when assessing requests for the provision of services.
  2. The place of delivery is deemed to be the address that the consumer makes known to the company.
  3. Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this within no more than 30 days after the order was placed. In that case, the consumer has the right to dissolve the contract free of charge and a right to compensation where relevant.
  4. Following dissolution in accordance with the previous paragraph, the trader will immediately pay back any money the consumer has already paid.
  5. The risk of damage and/or loss of products will lie with the trader up to the moment of delivery to the consumer, or a representative who has been designated and notified to the trader beforehand, unless otherwise has explicitly been agreed. 


Article 14 - Continuing performance contracts: duration, termination and renewal
 

Termination: 

  1. The consumer has a right at all times to terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a period of notice that does not exceed one month.
  2. The consumer has at all times the right to terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a period of notice that does not exceed one month.
  3. With respect to contracts as described in the first two paragraphs, the consumer can: 

-          terminate such at all times and not be limited to termination at a specific time or during a specific period; 

-          terminate such in the same way as they were concluded; 

-          always terminate such subject to the same period of notice as that stipulated for the trader. 

Renewal: 

  1. A fixed-term contract that was 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. In derogation to that which is stated in the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be tacitly extended for a fixed term that does not exceed three months, if the consumer has the right to terminate this extended contract as per the end of the extension period, with a period of notice that does not exceed one month.
  3. A fixed term contract that has been concluded for the regular supply of products or services may only be tacitly extended for an indefinite period of time if the consumer has the right of termination at any time, with a period of notice that does not exceed one month. In the case of a contract to regularly supply daily or weekly newspapers or magazines, but less than once per month, the period of notice must not exceed three months.
  4. A fixed term contract for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial subscriptions or introductory subscriptions) will not be tacitly renewed and will automatically terminate at the end of the trial period or introductory period. 

Duration: 

  1. If the fixed term of a contract exceeds one year, then after one year the consumer has at all times a right to terminate the contract, with a period of notice that does not exceed one month, unless reasonableness and fairness dictate that premature termination of the contract would be unacceptable. 


Article 15 - Payment
 

  1. Insofar as no other date is stipulated in the contract or supplementary conditions, sums payable by the consumer should be paid within 14 days after commencement of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the contract. In the case of a contract to provide a service, this 14-day period starts on the day after the consumer received confirmation of the contract.
  2. For the sale of products to consumers, the general terms and conditions may never stipulate an advance payment in excess of 50%. Where an advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.
  3. The consumer is obliged to immediately report to the trader any inaccuracies in any issued or stated payment details.
  4. If a consumer fails to fulfil his payment obligation(s) in good time, after the trader has informed the consumer about the late payment, the consumer is allowed 14 days in which to fulfil the obligation to pay; if payment is not made within this 14-day period, statutory interest will be payable over the sum owed and the trader has the right to charge reasonable extrajudicial debt collection costs by incurred. These debt collection costs shall amount to a maximum of: 15% of unpaid amounts up to €2,500; 10% over the next €2,500; and 5% over the next €5,000, with a minimum of €40. The trader may apply different amounts and percentages than those stated above insofar as such are to the advantage of the consumer. 


Article 16 - Complaints procedure

  1. The trader must have a complaints procedure, which has been sufficiently publicised, and it must handle any complaints in accordance with this complaints procedure.
  2. A consumer who has discovered shortcomings in the implementation of a contract must submit any complaints to the trader without delay, in full and with a clear description of the problem.
  3. A reply to a complaint submitted to the trader must be given within a period of 14 days, calculated as of the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more detailed reply.
  4. A complaint that cannot be solved in joint consultation within a reasonable period of time, or within 3 months after it was submitted, shall constitute a dispute that has to be settled in accordance with the dispute settlement procedure. 


Article 17 - Disputes
 

  1. Contracts entered into between a trader and a consumer and which are subject to these general terms and conditions are exclusively subject to Dutch law. 


Article 18 - Branch guarantee
 

N/A 

Article 19 - Additional or non-standard provisions

Additional stipulations or stipulations that differ from these general terms and conditions may not be to the disadvantage of the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium. 

Article 20 - Amendment of the General Terms and Conditions of the Dutch Homeshopping Association (Thuiswinkel)

  1. Thuiswinkel.org will only amend these general terms and conditions after consultation with the Consumers’ Association.

  2. Amendments to these terms and conditions will only come into effect after they have been published in the appropriate way, on the understanding that where amendments apply during the validity period of an offer, the stipulation that is most favourable to the consumer will prevail. 

Thuiswinkel.org

www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
PO Box 7001, 6710 CB Ede 
Appendix I: Model form for contract withdrawal 
Model form for contract withdrawal 

(only fill in and return this form if you want to withdraw from the contract)

To:      

Feyenoord Rotterdam NV
Van Zandvlietplein 3, 3077 AA, Rotterdam
+31 (0)10 482 48 43

  • I/We* hereby inform you that I/we*

want to withdraw from the contract for the sale of the following products: [description of products]*

  • Ordered on*/received on* [date of order for services or receipt of products] 

  • [Name consumer(s)] ___________________________ 

  • [Address consumer(s)]______________________________ 

  • [Signature consumer(s)] (only when this form is submitted on paper) 

* Delete or fill in as applicable.