These General Terms and Conditions of Stichting Webshop Keurmerk have been drawn up in consultation with the Consumentenbond (Dutch Consumers' Association) within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and will take effect as of 1 June 2014.
These General Terms and Conditions will be used by all members of Stichting Webshop Keurmerk, with the exception of financial services as referred to in the Financial Supervision Act (Wet op het financieel toezicht) and insofar as these services are supervised by the Dutch 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 cooling-off 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 the right of withdrawal
- Article 11 - The price
- Article 12 - Compliance and additional warranty
- Article 13 - Delivery and execution
- Article 14 - Continuing performance contracts: duration, termination and extension
- Article 15 - Payment
- Article 16 - Complaints procedure
- Article 17 - Disputes
- Article 18 - Industry guarantee
- Article 19 - Additional or deviating provisions
- Article 20 - Amendments to the general terms and conditions of Stichting Webshop Keurmerk
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- 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 delivered by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
- Cooling-off period: the period within which the consumer can make use of their right of withdrawal;
- Consumer: the natural person who is not acting for purposes related to their trade, business, craft or professional activity;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Continuing performance contract: an agreement that extends to the regular delivery of goods, services and/or digital content during a specific period;
- Durable medium: any instrument – including email – which enables the consumer or entrepreneur to store information addressed personally to them in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products, (access to) digital content and/or services at a distance to consumers;
- Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusive or joint use is made of one or more techniques for distance communication;
- Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
- Technique for distance communication: a means that can be used for concluding an agreement without the consumer and entrepreneur having to meet simultaneously in the same room;
Article 2 – Identity of the entrepreneur
- Company name: GolfDriver Europe BV
- Registered office address: Norbruislaan 1 - 7761CG in Schoonebeek (NL)
- Visiting address: Norbruislaan 1 - 7761CG in Schoonebeek (NL)
- Email address: [email protected]
- Chamber of Commerce (KvK) number: 73807591
- VAT identification number: NL859671070B01
Article 3 – Applicability
- 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.
- Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is reasonably not possible, the entrepreneur shall, before the distance contract is concluded, indicate how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is reasonably not possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favorable to them.
Article 4 – The offer
- If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or manifest errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The agreement
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