Terms & Conditions

These General Terms and Conditions of the Stichting Webshop Keurmerk were established in consultation with the Consumers’ Association within the framework of the Coordination Group Self-regulation consultation (CZ) of the Socio-Economic Council and will take effect on June 1, 2014.

These General Terms and Conditions will be used by all members of the Stichting Webshop Keurmerk with the exception of financial services as referred to in the Financial Supervision Act and insofar as these services are under the supervision of the Financial Markets Authority.

Table of Contents

• Article 1 – Definitions
• Article 2 – Identity of the trader
• 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 consumer’s right of withdrawal and costs thereof
• Article 9 – Obligations of the trader in the event of withdrawal
• Article 10 – Exclusion of the right of withdrawal
• Article 11 – The price
• Article 12 – Performance and extra warranty
• 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 provisions
• Article 20 – Amendment of the general terms and conditions of Stichting Webshop Keurmerk

Article 1 – Definitions

In these 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 supplied by the trader or by a third party based on an agreement between that third party and the trader;

Cooling-off period: the period during which the consumer can exercise his right of withdrawal;

Consumer: the natural person who does not act for purposes related to his commercial, business, craft, or professional activities;

Day: calendar day;

Digital content: data produced and supplied in digital form;

Durable medium: any tool – including email – that enables the consumer or trader to store information that is addressed to him personally in a way that future consultation or use during a period that is appropriate to the purpose for which the information is intended, and that allows the unchanged reproduction of the stored information;

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Trader: 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: a contract concluded between the trader and the consumer within the framework of an organized system for the distance sale of products, digital content, and/or services, using one or more means of distance communication up to and including the time at which the contract is concluded;

Model withdrawal form: the model withdrawal form for Europe included in Annex I of these terms and conditions;

Means of distance communication: means that can be used for concluding a contract, without the consumer and trader being together in the same room.

Article 2 – Identity of the trader

Name company owner: Veronica Martinez

Company name: TRENDY BEST SELLER

Business address: Steur 36, Waddinxven 2742 ZW

Registration number: KVK-nummer: 78382688

VAT number: NL003328689B31

Opening hours: 08:30 – 17:00

Email: hello@trendybestsellers.nl

Phone: +31 6 38142257

Website: https://www.trendybestsellers.nl

Article 3 – Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract that has been concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, before the distance contract is concluded, the trader will indicate how the general terms and conditions can be viewed at the trader’s premises and that they will be sent to the consumer free of charge as soon as possible at the consumer’s request.

If the distance contract is concluded electronically, 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, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically, and that they will be sent to the consumer at his request free of charge electronically or otherwise.

In the event that specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to him.

Article 4 – The offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.

The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer.

If the trader uses images, they are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the trader.

Each offer contains such information that it is clear for the consumer what the rights and obligations are that are attached to accepting the offer.

Article 5 – The agreement

The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein.

If the consumer has accepted the offer electronically, the trader immediately confirms the receipt of the acceptance of the offer electronically.

As long as the receipt of this acceptance has not been confirmed by the trader, the consumer can dissolve the contract.

If the contract is concluded electronically, the trader 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 trader will observe appropriate security measures.

The trader can inform himself within legal frameworks whether the consumer can meet his payment obligations, as well as all those facts and factors that are important to responsibly conclude the distance contract.

If, based on this investigation, the trader has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.

Article 6 – Right of withdrawal

A consumer can dissolve a contract related to the purchase of a product during a cooling-off period of at least 14 days without giving any reason.

The cooling-off period commences on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product.

The consumer can terminate a service agreement and an agreement for the delivery of digital content not supplied on a tangible medium during at least 14 days without giving any reasons.

If the trader 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.

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

During the cooling-off period, the consumer will handle the product and its packaging with care.

He will only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product.

The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond allowed handling.

Article 8 – Exercise of the consumer’s right of withdrawal and costs thereof

If the consumer exercises his right of withdrawal, he shall notify the trader within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.

The consumer returns the product within 14 days from the notification.

The consumer bears the direct costs of returning the product unless otherwise stated by the trader.

Article 9 – Obligations of the trader in case of withdrawal

The trader reimburses all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal.

The trader uses the same means of payment that the consumer used for reimbursement unless the consumer agrees to a different method.

Article 10 – Exclusion of right of withdrawal

The trader can exclude the following products and services from the right of withdrawal:

• Custom-made or personalized products
• Products that perish quickly or have a limited shelf life
• Sealed hygiene products once opened
• Digital content supplied immediately with prior consent
• Audio/video recordings and software with broken seals

Article 11 – The price

During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to changes in VAT rates.

The prices mentioned in the offer of products or services include VAT.

Article 12 – Compliance and extra warranty

The trader guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, and the reasonable requirements of reliability and usability.

Article 13 – Delivery and execution

The trader shall observe the greatest possible diligence when receiving and executing orders.

Accepted orders shall be executed expeditiously but no later than 30 days unless another delivery period has been agreed.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer.

Article 14 – Duration transactions: duration, cancellation, and extension

The consumer can terminate agreements entered into for an indefinite period at any time with due observance of agreed cancellation rules and a notice period of at least one month.

Fixed-term agreements may not be automatically renewed for a fixed duration unless legally permitted.

Article 15 – Payment

Amounts owed by the consumer should be paid within 14 days after the start of the cooling-off period or conclusion of the agreement.

If the consumer does not fulfill payment obligations in time, statutory interest and collection costs may be charged.

Article 16 – Complaints procedure

Complaints about the execution of the agreement must be submitted fully and clearly described to the trader within a reasonable time.

Complaints submitted to the trader will be answered within 14 days from the date of receipt.

Complaints can be submitted via Stichting Webshop Keurmerk:
http://keurmerk.info/Home/MisbruikOfKlacht

Article 17 – Disputes

Contracts between the consumer and the trader are exclusively governed by Dutch law.

Disputes may be submitted to the Disputes Committee Webshop or the competent Dutch court.

Article 18 – Industry guarantee

Stichting Webshop Keurmerk guarantees the fulfillment of binding advice by affiliated members of the Disputes Committee.

Article 19 – Additional or different provisions

Additional or differing provisions may not be detrimental to the consumer and must be recorded in writing or in a durable medium.

Article 20 – Amendment of the general terms and conditions

Stichting Webshop Keurmerk will not amend these general terms and conditions other than in consultation with the Consumers’ Association.

Changes become effective only after publication in an appropriate manner.