Terms and conditions ILHWA-Benelux

AV CZ/79 1 januari 2011

These terms and conditions of ILHWA-Benelux established under the Coordinatiegroep Zelfreguleringsoverleg (CZ) of the ESC and take effect on January 1th, 2011.

These terms and conditions apply to ILHWA-Benelux.

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

• 1. These terms and conditions are applicable on every offer made by a consumer and on every distance contract between consumer and entrepreneur.
• 2. Prior to a distance contract, the terms and conditions are presented to the consumer. But if this is not possible on reasonable grounds, prior to the conclusion of the agreement, the entrepreneur will grant the consumer the possibility to view the terms and conditions at the company and these are, at request, sent to the consumer, free of charge.
• 3. If the distance contract is concluded electronically, the previous passage can differ and before the distance contract is concluded, the terms and conditions can be sent electronically to the consumer. In this case the consumer has to save the terms and conditions on a durable medium. But if this is not possible on reasonable grounds, prior to the conclusion of the agreement, the terms and conditions can be inspected in electronic form and the terms and conditions can be sent electronically to the consumer, at request.
• 4. When, not only the general terms apply, but also the specific product and service conditions apply, the second and third paragraph apply accordingly and the consumer may appeal, in case of conflicting terms en conditions, to the terms most favorable.

Article 4 - Supply

• 1. If the offer has a limited duration of is done under conditions, this will be explicitly stated in the offer.
• 2. The offer contains a complete and accurate description of the presented products and or services. The description will be sufficient precise to proper asses the offer by the consumer. When the entrepreneur uses images, these images have to be a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
• 3. Every offer contains such information, so the consumer understands their rights and obligations bound to the acceptance of the offer. In particular:
  • price including VAT;
  • possible costs of delivery;
  • how the agreement will be achieved and what actions they require;
  • whether to apply the right of withdrawal;
  • the method of payment, delivery or performance of the agreement;
  • the period for accepting the offer, or the deadline for adhering to the price;
  • the level of the rate of distance communication if the cost of using the technique of distance communication are calculated on a basis other than the regular base rate for the means of communication;
  • whether the agreement after the adoption is filed, and if so how these consumers can be consulted;
  • how the consumer before the conclusion of the contract, the information given prior to the contract, can verify;
  • any language which, in addition to Dutch, the contract may be entered;
  • the conduct to which the trader is subject and the way the consumer can consult these conducts trough the electronic; and
  • the minimum duration of the distance contract in the event of an extended transaction.

Article 5 - The agreement

• 1. The agreement is, subject to the provisions of paragraph 4, established when the consumer accepts the offer and the corresponding conditions.
• 2. If the consumer accepts the offer electronically, the entrepreneur has to confirm the offer electronically. As long as the offer is not confirmed, the consumer is able to dissolve the offer.
• 3. If there is electronic realization of the offer, the entrepreneur has to ensure the agreement is preserved with due consideration of technical and organizational support, as well as a secure web environment. If the consumer is able to pay electronically, the entrepreneur has to ensure suitable safety measures.
• 4. The entrepreneur is able to – within legal limits – check the consumer’s payment agreement, as well as all facts and factors to ensure a sound conclusion of an agreement. In case the result of such an investigation justifies the agreement, on reasonable grounds, not to the entrepreneur is entitled, with sufficient motivation, to decline the agreement or to implement special conditions.
• 5. The entrepreneur will provide the consumer with information, regarding the product and/or service by letter or in such a way the consumer is able to store this information on a durable medium, such as:
  • a. the business address of the entrepreneur where the consumer can address complaints;
  • b. the terms and conditions on which and the way how the consumer is able to use the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • c. information on existing service after sales and guarantees;
  • d. the conditions regarding data, named in section 4 paragraph 3, unless the entrepreneur already provided the consumer with these, prior to the conclusion of the agreement;
  • e. the requirements of termination of the agreement, if the agreement exists over a period longer than one year or indefinite is.
• 6. In case of a length transaction, the clause in the previous paragraph can only be applied on the first delivery.

Article 6 - Right of withdrawal

Delivery of products:

• 1. The consumer can dissolve the agreement, without reason, within 14 days after the purchase of products. The start of this period is on the first day after the receipt of the product by the consumer or a previous designated by the consumer and the entrepreneur announced representative.
• 2. During this period the consumer has to careful use the product and packaging. The consumer can only unpack the product with care and use to assess whether the consumer would prefer to retain. When the consumer uses their right of withdrawal, they have to return the product along with all accessories and – if reasonably possible – return it in its original condition and packaging to the entrepreneur, according to reasonable and clear instructions, provided by the entrepreneur.

Provision of services:

• 3. The consumer can dissolve the agreement, without reason, within 14 days after the service delivery, starting on the first day of the agreement.
• 4. To use the right of withdrawal, the consumer has to turn to the reasonable and clear instructions, provided by the entrepreneur at the acceptance of the offer or at the service delivery.

Article 7 - Costs in case of withdrawal

• 1. If the consumer uses the right to withdrawal, the costs of returning are at the expense of the consumer.
• 2. If the consumer has paid an amount, the entrepreneur refunds this amount as soon as possible, but no later than 30 days after the return or cancellation.

Article 8 - Exclusion right of withdrawal

• 1. If the consumer does not have the right to withdrawal, the entrepreneur can exclude the right of withdrawal in the offer, but only if this is clearly stated in the offer prior to agreeing to this offer.
• 2. Exclusion of the right of withdrawal is only possible for products that:
  • a. are specifically arranged by the entrepreneur for the consumer;
  • b. are personal in nature;
  • c. by their nature, can not be returned;
  • d. rapidly decay or become obsolete;
  • e. are subject to price changes due to fluctuations on the financial market on which the entrepreneur has no control;
  • f. are (considered) newspaper or magazine issues;
  • g. are audio or video recordings or computer software of which the seal is broken.
• 3. Exclusion of the right of withdrawal is only possible for services:
  • a. relating to accommodation, transport, catering or leisure carries on a certain date or during a specified period;
  • b. of which the provision has begun, with the explicit consent of the consumer, before the reflection period has expired;
  • c. concerning betting and lotteries.

Article 9 - Price

• 1. During the period mentioned in the offer prices of the products and/or services have not increased, except for price changes resulting from changes in tax rates.
• 2. Notwithstanding the previous paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the operator has no control, vary in prices. The possibility of price difference is mentioned in advance in het offer.
• 3. Increases in price within 3 months after the conclusion of the agreement are only allowed if they result from legislation or regulations.
• 4. Increases in price after these 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed and:
  • a. these result from legislation and regulations; or
  • b. the consumer has the power to terminate the agreement at the date the increase takes effect.
• 5. The price of products and/or services offered in the agreement includes VAT.

Article 10 - Compliance and Warranty

• 1. The entrepreneur guarantees that the products and/or services meet the agreement specifications stated in the offer, the reasonable requirements of reliability and/or usefulness, and on the date of the conclusion of the agreement existing legal provisions and/or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
• 2. The warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement against the entrepreneur can assert.

Article 11 - Delivery and Implementation

• 1. The entrepreneur will give the utmost respect in receiving and in the execution of product orders and at the assessment for the provision of services.
• 2. The place of delivery is the address that the consumer has made known to the company.
• 3. Subject to what is stated in Article 4 of the terms and conditions, the entrepreneur will handle accepted orders expeditiously within 30 days, unless a longer delivery has been agreed on. If delivery is delayed or if an order is not or only partially carried out, the consumer receives notice no later than one month after the order was placed. The consumer has in this case the right to terminate the contract without penalty and be entitled to any compensation.
• 4. In case of dissolution in accordance with the previous paragraph , the entrepreneur refunds the amount that the consumer paid as soon as possible, but no later than 30 days after termination of the agreement.
• 5. If delivery of an ordered product proves impossible, the entrepreneur will attempt to provide a replacement. No later than the delivery, the replacement will be mentioned on a clear and comprehensible manner. For replacements, the right of withdrawal is not excluded. The costs of return shipment are borne by the entrepreneur.
• 6. The risk of damage and/or loss of products lays with the consumer until the time of delivery to the consumer or a pre-designated and announced representative, unless otherwise agreed.

Article 12 - Length transaction

• 1. The consumer is able to terminate the indefinite agreement at all times, with due consideration of the termination rules and the notice up to 30 days.
• 2. An agreement for a definite period has a maximum term of two years. If it is agreed on tacit renewal of the distance agreement, the agreement will continue as an indefinite agreement and the notice will be up to 30 days.

Article 13 - Payment

• 1. Unless otherwise agreed, the amounts owed by the consumer has to be paid within 14 days after the start of the cooling off period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, that period shall run until the consumer has received confirmation of the agreement.
• 2. When selling products to consumers, prepayment can not exceed 100%. If payment is agreed, the consumer may not assert any rights regarding the implementation of the products or service(s), before the prepayment has been made.
• 3. The consumer has the duty to report inaccuracies in data, supplied or specified payment, immediately to the entrepreneur.
• 4. In case of default by the consumer, the entrepreneur, subjected to legal restrictions, has the right to charge the customer with reasonable costs.

Article 14 - Complaints

• 1. The entrepreneur has a well-publicized complaints and deal with the complaint under this complaints procedure.
• 2. Complaints about the implementation of the agreement should take place promptly, fully and clearly described and submitted to the entrepreneur, after the consumer has found the defects.
• 3. Complaints submitted to the entrepreneur will be addressed within 14 days from the date of receipt. When a complaint takes a longer foreseeable processing time, the entrepreneur will respond within 14 days confirming the receipt and indicating when the consumer can expect a more elaborate answer.

Article 15 - Additional terms

Additional or different terms of these terms and conditions should not disadvantage the consumer and should be recorded in writing or in such a way that the consumer can store these terms in an accessible way on a durable medium.

Article 16 - Modification of terms by ILHWA-Benelux

Changes in these conditions are effective only after they are published in the appropriate way, with the understanding that amendments apply during the term of an offer the most favorable determination will prevail.