Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur Article 3 - Applicability
Articles 4 - The offer Article 5 - The agreement Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof Article 9 - Obligations of the entrepreneur in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal Article 11 - The price
Article 12 - Performance and additional guarantee Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, cancellation and extension Article 15 - Payment
Article 16 - Complaints procedure Article 17 - Disputes Article 18 - Industry guarantee
Article 19 - Additional or different terms
Article 20 - Amendments to the general terms and conditions of Stichting Webshop Keurmerk
Article 1 - Definitions
In these terms and conditions shall apply:
- Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, 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;
- Reflection time: The period within which the consumer can exercise his right of withdrawal;
- Consumerthe natural person who does not act for purposes related to his trade, business, craft or profession;
- Day: Calendar;
- Digital Content: Data generated in digital form and are supplied;
- Consultancy Agreement: An agreement that involves the regular delivery of goods, services and / or digital content for a certain period;
- Durable medium: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is personally addressed to him, in a way that future consultation or use during a period that is tailored to the purpose for which the information is provided. is intended, and which allows unaltered reproduction of the stored information;
- Right of Withdrawal: The ability of 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 who offers products, (access to) digital content and / or remote services to consumers;
- Distance contractMeans an agreement concluded under an organized distance sales of goods, digital content and / or services, which are exclusively or partly used until the conclusion of the agreement between the trader and a consumer or more means of distance communication;
- Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions;
- Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader having to come together in the same room at the same time;
Article 2 - Identity of the entrepreneur
Name entrepreneur: Hypnotic store bv trading under the name Bella Fit - Tjalk 32 - 2411NZ Bodegraven
Email address: Info@bellafit.nl
Chamber of Commerce number; 76894851
VAT identification number; NL860829704B01
If the activity of the entrepreneur is subject to a relevant licensing system: the details of the supervisory authority;
If the entrepreneur exercises a regulated profession:
- the professional association or organization to which he is affiliated;
- The job title, place in the EU or European Economic Area where it has been granted;
- a reference to the professional rules that apply in the Netherlands and directions where and how these professional rules are accessible
Article 3 - Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and
- Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
- 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 can be made available to the consumer electronically in such a way that the consumer can can be stored in a simple way on a durable data carrier. 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 at the request of the consumer electronically or otherwise.
- 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 the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be expressly 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 allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products, services and/or digital products offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 - The Agreement
- The agreement is subject to the provisions of paragraph 4, established at the time the consumer accepts the offer and meet the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can cancel the agreement
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures
- Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as about 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 with reasons or to attach special conditions to the implementation.
- At the latest upon 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 it can be stored by the consumer in an accessible manner on a durable data carrier:
- The visiting address of the entrepreneur's establishment where the consumer is entitled to complaints;
- The conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
- The information about guarantees and existing post-purchase service;
- the price including all taxes on the product, service or digital content; where applicable, the cost of delivery; and the manner of payment, delivery or execution of the remote agreement;
- The terms for termination of the agreement if the agreement lasts for more than one year or indefinite duration is;
- if the consumer has a right of withdrawal, the model form for
- In the event of an overdraft transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
- The consumer can enter into an agreement with regard to the purchase of a product during a reflection period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
- The term referred to in paragraph 1 shall commence on the day after the consumer, or a third party designated by the consumer, who is not the carrier, received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. Provided he has clearly informed the consumer about this prior to the ordering process, the entrepreneur may place an order for several products with different delivery times.
- if the delivery of a product consists of different consignments or parts: the date on which the consumer, or a third party designated by him, received the last consignment or the last item;
- in contracts for regular delivery of goods during a certain period, the day on which the consumer or a third party designated by him, has received the first product.
For services and digital content which is not supplied on a tangible medium:
- The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for a minimum of 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not to state his reason(s).
- The reflection period referred to in paragraph 3 commences on the day following the closing of the
Extended reflection for products, services and digital content which is not supplied with no information on withdrawal on a tangible medium:
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off period as determined in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer has that information.
Article 7 - Obligations of the consumer during the cooling-off period
- During the cooling-off 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 basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store
- The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph
- The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer makes use of his right of withdrawal, he will notify the entrepreneur within the cooling-off period by means of the model withdrawal form or otherwise unambiguously.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired
- The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and burden of proof for the right and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to pay the costs for return.
- If the consumer withdraws after having first explicitly requested that the provision of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or certain quantity starts during the cooling-off period, the consumer owes the entrepreneur a amount due that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to full compliance with the
- The consumer does not incur any costs for the execution 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:
- the entrepreneur has not provided the consumer with statutory information on the right of withdrawal, the cost reimbursement or the revocation model form, or;
- the consumer has not expressly requested the commencement of the execution of the service or delivery of gas, water, electricity or district heating during the reflection period
- The consumer is not responsible for the full or partial delivery of non-material digital content, provided that:
- prior to delivery, he has not explicitly agreed to commence compliance with the agreement before the end of the reflection period;
- he has not acknowledged that he has lost his right of withdrawal when giving his permission; or
- the entrepreneur has failed to provide this statement from the consumer
- If the consumer makes use of his right of withdrawal, all additional agreements will be legally terminated
Article 9 - Obligations of the entrepreneur in case of withdrawal
- If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will immediately send a notification after receipt of this notification.
- The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer gives him the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
- The entrepreneur uses the same means of payment used by the consumer for repayment unless the consumer agrees with another method. The refund is free for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
- Products or services whose price is subject to fluctuations on the financial market on which the entrepreneur has no influence and which can occur within the withdrawal period
- Agreements 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 personally present or who 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;
- Service contracts, after full execution of the service, but only if:
- implementation has begun with explicit prior consent of the consumer; and
- the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
- Service agreements for the provision of accommodation, provided for in the agreement, a certain date or period of implementation and other than for residential purposes, freight transport, car rental services and catering;
- Agreements relating to leisure activities provided for in the agreement for a certain date or period of implementation thereof;
- Products manufactured according to consumer 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;
- Products that spoil quickly or have a limited shelf life;
- Sealed products which for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery;
- Products which, by their nature, are irrevocably mixed with other products;
- Alcoholic drinks, the price of which has been 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 depends on fluctuations in the market over which the entrepreneur has no influence;
- Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
- Newspapers, magazines or magazines, with the exception of subscriptions to this;
- The delivery of digital content other than on a tangible medium, but only if:
- implementation has begun with explicit prior consent of the consumer; and
- the consumer has declared that he has exercised his right of withdrawal
Article 11 - The price
- During the period of validity of the offer, the prices of the products and / or services offered will not be increased, except for price changes due to changes in VAT rates.
- 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 dependence on fluctuations and the fact that any prices quoted are target prices, are included in the offer
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or
- Price increases 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:
- they are the result of legislation or regulations; whether
- the consumer has the authority to cancel the agreement with effect from the day on which the price increase
- The prices stated in the range of products or services are inclusive
Article 12 - Compliance agreement and additional warranty
- 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 statutory provisions and/or usability existing on the date of the conclusion of the agreement. or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use
- An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to comply with his part of the
- An extra guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the contract.
Article 13 - Delivery and execution
- The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the granting of
- The place of delivery is the address that the consumer has notified to the entrepreneur.
- With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive this no later than 30 days after he placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly stated otherwise.
Article 14 - Duration Transactions: Duration, Termination and Extension
- The consumer may at any time enter into an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services.
cancel with due observance of the agreed cancellation rules and a notice period of no more than one month.
- The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, subject to the agreed cancellation rules and a notice period of at most a
- The consumer can agree the agreements mentioned in the previous paragraphs:
- Terminate at all times and not be restricted to termination at a particular time or in a certain period;
- At least terminate in the same manner as they have been incurred by him;
- always cancel with the same notice period as the entrepreneur has for himself
- An agreement entered into for a definite period of time and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.
- Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer opposes this extended agreement. can cancel the end of the extension with a notice period not exceeding one
- An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of not more than one month. in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed term.
Article 15 - Payment
- Insofar as not provided otherwise in the agreement or additional terms and 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 to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
- For the sale of consumer products, the consumer must never be obliged to prepay more than 50% in general terms. When prepayment is made, the consumer can not make any right regarding the execution of the relevant order or service (s) before the prepaid payment has taken place.
- The consumer has the obligation to immediately inform the entrepreneur of any inaccuracies in the payment details provided or stated
- If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the failure to pay of payment within this 14-day period, the statutory interest on the amount still due 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 next € 2.500 and 5% on the next € 5.000 with a minimum of € 40, =. The entrepreneur can deviate from the stated amounts in favor of the consumer and
Article 16 - Complaints
- The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
- Complaints about the performance of the agreement must be submitted fully and clearly to the entrepreneur within a reasonable time after the consumer has identified the defects.
- 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 answer within the period of 14 days with a notification of receipt and an indication when the consumer can provide a more detailed answer.
- 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 Stichting Webshop Keurmerk (http://keurmerk.info/Home/MisbruikOfKlacht) The complaint will then be sent to both the relevant entrepreneur and Stichting Webshop Keurmerk
- If a complaint can not be resolved within a reasonable period or within 3 months after the complaint is lodged, a dispute arises for the dispute settlement.
Article 17 - Disputes
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply
- Disputes between the consumer and the entrepreneur about the formation or implementation of agreements with regard to products and services to be supplied or supplied by this entrepreneur, can be submitted to the Geschillencommissie Webshop by both the consumer and the entrepreneur, with due observance of the provisions below. , Postbox 90600, 2509 LP in The Hague (sgc.nl).
- A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
- The dispute must be submitted in writing to the Disputes Committee no later than twelve months after the dispute has arisen
- If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer will have to state in writing within five weeks after a written request to that effect by the entrepreneur whether he also wishes to do so or whether he wants the dispute to be handled by the competent court. If the entrepreneur is not informed of the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent
- The Disputes Committee rules under the conditions as laid down in the rules of procedure of the Disputes Committeehttp://www.degeschillencommissie.nl/over-ons/de- commissions/2701/webshop). The decisions of the Disputes Committee are binding
- The Disputes Committee will not handle a dispute or will discontinue the handling if the entrepreneur has been granted a suspension of payments, has gone 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 issued. is
- If, in addition to the Webshop Disputes Committee, another disputes committee recognized or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Disputes Committee Stichting Webshop Keurmerk is preferably authorized to deal with disputes mainly concerning the method of selling or providing services at a distance. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.
Article 18 - Industry guarantee
- Stichting Webshop Keurmerk guarantees compliance with the binding advice of the Disputes Committee Stichting Webshop Keurmerk by its members, unless the member decides to submit the binding advice to the court for review within two months after it has been sent. This guarantee is revived if the binding advice has remained in force after review by the court and the judgment from which this appears has become final. Up to a maximum amount of €10.000 per binding advice, this amount will be paid to the consumer by Stichting Webshop Keurmerk. For amounts greater than €10.000 per binding advice, €10.000 will be paid out. For the excess, Stichting Webshop Keurmerk has an obligation of best efforts to ensure that the member accepts the binding advice
- The application of this guarantee requires that the consumer makes a written appeal to Stichting WebshopKeurmerk and that he transfers his claim against the entrepreneur to Stichting WebshopKeurmerk.
Webshop Hallmark. If the claim against the entrepreneur exceeds €10.000, the consumer is offered to transfer his claim insofar as it exceeds the amount of €10.000 to Stichting Webshop Keurmerk, after which this organization will pay in its own name and at the expense will demand it in court to satisfy the consumer.
Article 19 - Additional or derogatory provisions
Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner
Article 20 - Modification of the general terms and conditions Stichting Webshop Keurmerk
- Stichting Webshop Keurmerk will not change these general terms and conditions unless in consultation with the Consumers' Association.
- Changes to these terms and conditions will only take effect after they have been published in an appropriate manner, on the understanding that in the event of applicable changes during the term of an offer, the provision most favorable to the consumer will be