The terms & conditions can be downloaded here.

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 – Exercising the right of withdrawal by the consumer and the 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 of the agreement and additional 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 – Sector guarantee
Article 19 – Supplementary or deviating provisions
Article 20 – Amendment of the Thuiswinkel General Terms and Conditions
Annex I: Model withdrawal form

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. 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 arrangement between that third party and the entrepreneur;
2. Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
3. Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Continuing performance contract: an agreement that provides for the regular supply of goods, services and/or digital content over a certain period;
7. Durable medium: any tool – including e-mail – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and that allows the unchanged reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or additional use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be made available if the consumer has no right of withdrawal in respect of their order;
12. Technique for distance communication: a means that can be used for concluding an agreement, without the consumer and entrepreneur having to be simultaneously present in the same place.

Article 2 – Identity of the entrepreneur

Zadelman B.V.
Willem Vleertmanstraat 12
7575EC Oldenzaal
Nederland

Telephone number (085) 800-3040
E-mail address service@zadelman.com
Chamber of Commerce number 93739362
VAT identification number NL866510497B01

Article 3 – Applicability

1. 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.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the distance contract is concluded, in what way the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, then, in deviation from 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 the consumer can easily store it on a durable medium. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge upon request, electronically or otherwise.
4. If, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs 2 and 3 apply accordingly, and in the event of conflicting conditions the consumer may always invoke the applicable provision that is most favourable to them.

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this shall be expressly 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 truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer.

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set thereby.
2. If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for that purpose.
4. Within statutory limits, the entrepreneur may inform themselves as to whether the consumer can meet their payment obligations, as well as all facts and factors that are relevant for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to performance.
5. No later than upon delivery of the product, service or digital content to the consumer, the entrepreneur shall provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
   • the visiting address of the entrepreneur’s establishment where the consumer can submit complaints;
   • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   • the information about guarantees and existing after-sales service;
   • 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;
   • the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period;
   • if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuing performance transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

1. The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state their reason(s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
   • if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided the entrepreneur clearly informed the consumer of this prior to the ordering process.
   • if delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;
   • for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, received the first product.
     

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

3. The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during a cooling-off period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state their reason(s).
4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium if the consumer was not informed about the right of withdrawal:

5. 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 expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur provides the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer shall handle the product and the packaging with care. They shall unpack or use the product only to the extent necessary to establish the nature, characteristics and functioning of the product. The guiding principle is that the consumer may handle and inspect the product only as they would be allowed to do in a shop.
2. The consumer is liable only for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for diminished value of the product if the entrepreneur has not provided the consumer with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercising the right of withdrawal by the consumer and the costs thereof

1. If the consumer exercises the right of withdrawal, they shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form 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 shall return the product or hand it over to (an authorised representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product themselves. The consumer has observed the return period in any event if they return the product before the cooling-off period has expired.
3. The consumer shall return 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.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs, or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs of return.
6. If the consumer withdraws after having expressly requested that performance of the service or the supply of gas, water or electricity, which are not made ready for sale in a limited volume or a certain quantity, starts during the cooling-off period, the consumer owes the entrepreneur an amount proportional to that part of the obligation that has been performed by the entrepreneur at the time of withdrawal, compared to full performance of the obligation.
7. The consumer bears no 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:
   • the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form; or
   • the consumer did not expressly request the start of performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.

8. The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium if;
   • prior to delivery, they did not expressly consent to the start of performance of the agreement before the end of the cooling-off period;
   • they did not acknowledge losing their right of withdrawal when giving their consent; or
   • the entrepreneur failed to confirm the consumer’s statement.

9. If the consumer exercises the right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in the event of withdrawal

1. If the entrepreneur makes it possible for the consumer to notify withdrawal electronically, the entrepreneur shall send a confirmation of receipt without delay after receiving such notification.
2. The entrepreneur shall 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 notifies the entrepreneur of withdrawal. Unless the entrepreneur offers to collect the product themselves, the entrepreneur may wait with reimbursement until they have received the product or until the consumer provides evidence that they have returned the product, whichever is earlier.
3. The entrepreneur shall use the same means of payment for reimbursement as the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
4. If the consumer chose 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 the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement:

1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
2. Agreements concluded at a public auction. A public auction is defined as a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the possibility to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
   • performance has started with the consumer’s express prior consent; and
   • the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;
4. Package travel as referred to in Article 7:500 of the Dutch Civil Code (BW) and agreements for passenger transport;
5. Service agreements for the provision of accommodation, where the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
6. Agreements relating to leisure activities, where the agreement provides for a specific date or period of performance;
7. Products manufactured to the consumer’s specifications, which are not prefabricated and are produced on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products that, after delivery, are irrevocably mixed with other products by their nature;
11. Alcoholic beverages whose price has been agreed upon at the conclusion of the agreement, but delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
12. Sealed audio and video recordings and computer software, whose seal has been broken after delivery;
13. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
14. The supply of digital content other than on a tangible medium, but only if:
    • performance has started with the consumer’s express prior consent; and
    • the consumer has declared that by doing so they lose their 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 offered will not be increased, except for price changes resulting from changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any stated prices are indicative prices shall be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are permitted only if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are permitted only if the entrepreneur has stipulated this and:
   • they are the result of statutory regulations or provisions; or
   • the consumer is authorised to terminate the agreement as of the day the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

Article 12 – Performance of the agreement and additional guarantee

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. Any additional guarantee provided by the entrepreneur, their supplier, manufacturer or importer never limits the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to perform their part of the agreement.
3. “Additional guarantee” means any commitment by the entrepreneur, their supplier, importer or producer whereby they grant the consumer certain rights or claims that go beyond what they are legally obliged to do if they have failed to perform their part of the agreement.

Article 13 – Delivery and performance

1. The entrepreneur shall exercise the utmost care when receiving and when fulfilling orders for products and when assessing applications for the provision of services.
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 general terms and conditions, the entrepreneur shall fulfil accepted orders promptly, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and the right to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur shall promptly refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

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

Termination:

1. The consumer may terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services at any time towards the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:
   • at any time and not be restricted to termination at a specific time or in a specific period;
   • at least in the same way as they entered into them;
   • always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal:

4. An agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed duration.
5. In deviation from the previous paragraph, an agreement entered into for a fixed period and which provides for the regular delivery of daily, news and weekly newspapers and periodicals may be tacitly renewed for a fixed duration of up to three months, if the consumer may terminate this renewed agreement towards the end of the renewal with a notice period of no more than one month.
6. An agreement entered into for a fixed period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement provides for the regular delivery of daily, news and weekly newspapers and periodicals, but less than once per month.
7. An agreement with a limited duration for the purpose of regularly delivering daily, news and weekly newspapers and periodicals by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

1. Unless otherwise stipulated in the agreement or supplementary conditions, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, if there is no cooling-off period, within 14 days after concluding the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer receives confirmation of the agreement.
2. In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. If advance payment is stipulated, the consumer may not assert any rights regarding performance of the relevant order or service(s) until the stipulated advance payment has been made.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. If the consumer does not meet their payment obligation(s) in time, they shall, after being informed by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to still meet their payment obligations, as of the day after receipt of the reminder and in the absence of payment within this 14-day period, owe statutory interest on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. 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 may deviate from the stated amounts and percentages to the benefit of the consumer.

Article 16 – Complaints procedure

1. The entrepreneur has a sufficiently well-publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the entrepreneur’s service can also be submitted via a complaint form on the consumer page of the Thuiswinkel.org website www.thuiswinkel.org. The complaint will then be sent both to the relevant entrepreneur and to Thuiswinkel.org.
5. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is eligible for the disputes procedure.

Article 17 – Disputes

1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. If the entrepreneur directs their activities to the country where the consumer resides, the consumer may always rely on the mandatory consumer law of their country.
2. Disputes between the consumer and the entrepreneur regarding the conclusion or performance of agreements relating to products and services to be delivered or delivered by this entrepreneur may, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Disputes Committee Thuiswinkel (Geschillencommissie Thuiswinkel), PO Box 90600, 2509 LP The Hague (www.sgc.nl).
3. A dispute will only be handled by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable time.
4. If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer first informs the entrepreneur of this.
6. If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must state in writing within five weeks after a written request by the entrepreneur whether they also wish to do so or whether they want the dispute to be handled by the competent court. If the entrepreneur does not receive the consumer’s choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
7. The Disputes Committee issues a decision under the conditions laid down in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are issued by way of binding advice.
8. The Disputes Committee will not handle a dispute or will discontinue handling it if the entrepreneur has been granted a suspension of payments, has been declared bankrupt, or has in fact ceased their business activities before a dispute has been heard by the committee at the hearing and a final decision has been issued.
9. If, in addition to the Disputes Committee Thuiswinkel, another recognised disputes committee affiliated with the Foundation for Consumer Complaints Boards (SGC) or the Financial Services Complaints Institute (Kifid) is competent, then for disputes mainly concerning the method of distance selling or service provision, the Disputes Committee Thuiswinkel is preferably competent. For all other disputes, the other recognised disputes committee affiliated with SGC or Kifid.

Article 18 – Sector guarantee

1. Thuiswinkel.org guarantees compliance by its members with the binding advice of the Disputes Committee Thuiswinkel, unless the member decides to submit the binding advice to the court for review within two months after it has been sent. This guarantee revives if, after review by the court, the binding advice remains in force and the judgment evidencing this has become final and conclusive. Up to a maximum amount of €10,000 per binding advice, this amount will be paid out by Thuiswinkel.org to the consumer. For amounts greater than €10,000 per binding advice, €10,000 will be paid out. For the remainder, Thuiswinkel.org has an obligation of best efforts to ensure that the member complies with the binding advice.
2. For application of this guarantee, it is required that the consumer makes a written appeal to Thuiswinkel.org and that they assign their claim against the entrepreneur to Thuiswinkel.org. If the claim against the entrepreneur exceeds €10,000, the consumer will be offered to assign the part of their claim that exceeds €10,000 to Thuiswinkel.org, after which this organisation will, in its own name and at its own expense, seek payment in court to satisfy the consumer.

Article 19 – Supplementary or deviating provisions

Supplementary provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.

Article 20 – Amendment of the Thuiswinkel General Terms and Conditions

1. Amendments to these terms and conditions take effect only after they have been published in an appropriate manner, with the understanding that in the case of applicable amendments during the term of an offer, the provision most favourable to the consumer shall prevail.
   
   Thuiswinkel.org
   www.thuiswinkel.org
   Horaplantsoen 20, 6717 LT Ede
   PO Box 7001, 6710 CB Ede

Annex I: Model withdrawal form

European model withdrawal form can be downloaded here.