General terms and conditions
These General Terms and Conditions of the Webshop Quality Mark Foundation have been drawn up in consultation with the Consumers' Association and NTO within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and will enter into force for the Webshop Quality Mark Foundation on 1 July 2012.
These General Terms and Conditions will be used by all members of the Webshop Quality Mark Foundation with the exception of financial services as referred to in the Financial Supervision Act and insofar as these services are supervised by the Financial Markets Authority.
ARTICLE 1 – Definitions 2
ARTICLE 2 – Identity of the entrepreneur 3
ARTICLE 3 – Applicability 3
ARTICLE 4 – The offer 3
ARTICLE 5 – The Agreement 4
ARTICLE 6 – Right of withdrawal 5
ARTICLE 7 – Costs in case of revocation 5
ARTICLE 8 – Exclusion of the right of withdrawal 5
ARTICLE 9 – The price 6
ARTICLE 10 – Conformity and Warranty 6
ARTICLE 11 – Delivery and execution 6
ARTICLE 12 – Duration transactions duration, termination and extension 7
ARTICLE 13 – Payment 8
ARTICLE 14 – Complaints procedure 8
ARTICLE 15 – Disputes 8
ARTICLE 16 – Industry Guarantee 9
ARTICLE 17 – Additional or deviating provisions 9
ARTICLE 18 – Amendment of the general terms and conditions
Webshop Quality Mark 9 Foundation
ARTICLE 1 - DEFINITIONS
In these terms and conditions shall apply:
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance agreement with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or trader to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of the Stichting Webshop Keurmerk and offers products and/or services remotely to consumers;
Distance contract: an agreement whereby in the context of a
system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technology for remote communication: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
MR Security
Kauwenhoven 30
6741 PW Lunteren;
Phone number: 0252-823001
Available on:
Monday to Friday from 9:00 AM to 18:00 PM
Saturday from 10:00 AM to 23:59 PM
Email address: info (at) mc-cilinder.nl
Chamber of Commerce: 76710467
VAT identification number: NL8607.66.378.B01
ARTICLE 3 – APPLICABILITY
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, before the agreement is concluded on a remote basis, it is indicated that the terms and conditions of the entrepreneur will be shown and sent free of charge at the request of the consumer as soon as possible.
3. If the contract is concluded electronically away, notwithstanding the preceding paragraph and before the contract is concluded, the text of these general conditions are made electronically available to the consumer in such a way that the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before the contract is concluded, indicated where the general conditions can be inspected electronically and that at the request of the consumer electronically or otherwise will be sent free of charge.
4. In the event that, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs apply mutatis mutandis and, in the event of contradictory terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him is.
ARTICLE 4 – THE OFFER
1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and / or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
– the price including taxes;
– any costs of delivery;
– the manner in which the agreement will be concluded and which actions
– are necessary for this;
– whether or not the right of withdrawal applies;
– the method of payment, delivery and execution of the agreement;
– the period for accepting the offer, or the period within which the
– the entrepreneur guarantees the price;
– the amount of the rate for distance communication if the costs of the
use of remote communication technology will be calculated on a
other basis than the regular basic rate for the means of communication used;
– whether the agreement is archived after it has been concluded, and if so, in what way
– manner in which the consumer can consult this;
– the manner in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if necessary, correct it;
– any other languages in which, in addition to Dutch, the agreement may be concluded;
– the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
– the minimum duration of the distance contract in the case of a long-term transaction.
ARTICLE 5 – THE AGREEMENT
1. The agreement is subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and meet the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
3. 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 take appropriate security measures.
4. The entrepreneur can inform himself – within legal frameworks – 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 execution.
5. The business owner shall provide the consumer with the product or service to the consumer 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 establishment of the business where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer of the right of withdrawal may be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing post-purchase service;
d. the information contained in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer prior to the performance of the agreement;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
6. In the event of an extended transaction is the provision in the previous paragraph applies only to the first delivery.
ARTICLE 6 – RIGHT OF WITHDRAWAL
When delivering products:
1. When purchasing products, consumers have the right to cancel the agreement within 14 days without giving reasons. Costs arising from our assembly service are excluded from the right of withdrawal. These costs amount to €59 and include assembly, size adjustments, and options made for the assembled cylinder set. Replacement keys are completely exempt from the right of return; these are made to code. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and notified to the company, receives the product.
2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
On delivery of services:
3. Upon delivery of services, the consumer has the option of dissolving the contract without giving any reason for at least fourteen days, starting on the day of entering into the contract.
4. In order to use his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and / or appearance at the time of delivery.
ARTICLE 7 – COSTS IN THE EVENT OF WITHDRAWAL
1. If the consumer exercises their right of withdrawal, they will be responsible for the return shipping costs, including the applicable assembly fee of €59. Duplicate keys cannot be returned under any circumstances.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than within 30 days after the return or cancellation.
ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
1. The entrepreneur can exclude the consumer's right of withdrawal to the extent provided for in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. which have been created by the entrepreneur in accordance with the specifications of the
consumer;
b. that are clearly personal in nature; such as a custom-made cylinder or additional keys made to code
c. which can not be returned because of their nature;
d. which can quickly deteriorate or expire;
e. whose price depends on fluctuations in the financial market over which the trader has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software that the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. to perform accommodation, transport, restaurant or leisure activities on a particular date or during a specified period;
b. whose delivery has been explicitly agreed by the consumer before the period of reflection has expired;
c. regarding bets and lotteries.
ARTICLE 9 – THE PRICE
1. During the validity period stated in 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.
2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, at variable prices. These fluctuations and the fact that any price targets, are at the offer.
3. Price increases within 3 months are allowed only after the conclusion of the agreement if they are the result of legislation or regulations.
4. Price increases 3 months after the conclusion of the contract are only allowed if the trader has agreed and:
they are the result of laws or regulations, or
b. the consumer has the power to terminate as of the date the increase takes effect.
5. The prices include VAT mentioned in the supply of products or services.
ARTICLE 10 – CONFORMITY AND WARRANTY
1. The operator guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.
2. A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may apply to the entrepreneur under the agreement.
ARTICLE 11 – DELIVERY AND PERFORMANCE
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has notified to the company.
3. Taking into account what is stated about this in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than within 30 days after dissolution.
5. If delivery of a ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. Delivery will be reported in a clear and comprehensible manner that a replacement article is delivered. For replacement items right of withdrawal can not be excluded. The cost of any return shipping is at the expense of the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of shipment to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.
ARTICLE 12 – DURATION TRANSACTIONS: DURATION, TERMINATION AND EXTENSION
Termination
1. The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice of up to one month.
2. The consumer may contract concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the terminate fixed-term compliance with the applicable termination rules and a notice of more than one month.
3. Consumers can the agreements mentioned in the preceding paragraphs:
- cancel at any time and not be limited to termination at a specific time or during a certain period;
- at least cancel in the same way as they have entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension
4. An agreement entered into for a fixed period of time and intended for the regular
delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
5. Notwithstanding the preceding paragraph, a contract concluded for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines be tacitly renewed for a limited period of up to three months, as consumers against this extended agreement the end of the extension may terminate with a notice period of up to one month.
6. An agreement entered into for a certain period of time and which involves the scheduled delivery of products or services may only be extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the event of the agreement being scheduled, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. A limited-term agreement for the regular delivery of daily, news, weekly and magazine newspapers and magazines (trial or introductory subscription) will not be automatically extended and will end automatically after the trial or introductory period.
Duration
8. If an agreement has a duration of more than one year, after one year, the consumer may terminate the agreement at any time with a notice period of no more than one month unless reasonable and fairness resists termination before the end of the agreed term.
ARTICLE 13 - PAYMENT
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period as referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service (s), before the stipulated advance payment has been made.
3. The consumer is obliged to report immediately to the trader any inaccuracies in data supplied or specified payment.
4. In case of non-payment by the consumer, the entrepreneur has the right to charge the reasonable costs announced to the consumer, subject to legal restrictions.
ARTICLE 14 - COMPLAINT PROCEDURE
1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. When entrepreneur complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, is answered by the operator within the period of 14 days, confirming receipt and indicating when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaint form on the website of the Stichting Webshop Keurmerk www.label.info. The complaint will then be sent to both the entrepreneur in question and to the Webshop Quality Mark Foundation.
5. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
ARTICLE 15 – DISPUTES
1. On agreements between the entrepreneur and the consumer of these terms refer only to Dutch law.
2. Disputes between the consumer and the entrepreneur regarding the conclusion or performance of agreements relating to products and services to be supplied or supplied by this entrepreneur can, subject to the provisions below,
both the consumer and the entrepreneur can submit the matter to the Webshop Disputes Committee, Postbus 90600, 2509 LP in The Hague (www.sgc.nl).
3. A dispute will only be dealt with by the Disputes Committee if the Consumer submitted his complaint within a reasonable time to the entrepreneur.
4. No later than three months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
5. 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 court.
6. The Disputes Committee makes a decision under the conditions as laid down in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by way of binding advice.
7. The Disputes Committee will not deal or will terminate the dispute, if it is granted to the entrepreneur moratorium, goes bankrupt or its business has actually ended, before a dispute dealt with by the committee at the session and a final judgment was rendered.
8. If, in addition to the Webshop Disputes Committee, another recognized disputes committee or one affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) has jurisdiction, the Webshop Disputes Committee has exclusive jurisdiction for disputes primarily concerning the method of distance selling or service provision. For all other disputes, the other recognized disputes committee affiliated with the SGC or Kifid has jurisdiction.
ARTICLE 16 – BRANCH WARRANTY
1. The Webshop Trustmark Foundation guarantees compliance with the binding recommendations of the Webshop Disputes Committee by its members, unless the member decides to submit the binding recommendation to a court for review within two months of its dispatch. This guarantee revives if the binding recommendation is upheld after review by the court and the judgment confirming this has become final and binding. The Webshop Trustmark Foundation will pay the consumer up to a maximum of €10.000 per binding recommendation. For amounts exceeding €10.000 per binding recommendation, €10.000 will be paid. For any amount exceeding €10,000, the Webshop Trustmark Foundation has a best-efforts obligation to ensure that the member complies with the binding recommendation.
2. To apply for this guarantee, the consumer must submit a written request to the Webshop Trustmark Foundation and transfer their claim against the entrepreneur to the Foundation. If the claim against the entrepreneur exceeds €10.000, the consumer will be offered the option of transferring their claim, in excess of €10.000, to the Foundation Webshop Trustmark, after which this organization will, in its own name and at its own expense, pursue payment in court to satisfy the consumer.
ARTICLE 17 – ADDITIONAL OR DERIVATIVE PROVISIONS
Article 10: Liability
17a. MR Security is not liable for any costs, damages, or interest that may arise as a direct or indirect result of:
a. force majeure, as further described in these terms and conditions
b. Negligence of the client, its subordinates, or other persons employed by or on behalf of the client:
c. Unskilled, incorrect, and/or careless handling or use of the work delivered by MR-Beveiliging or the items supplied by it:
d. The items supplied by MR Security have not been properly checked and tested by the client.
e. The provision of incomplete or incorrect information by the client:
17b. MR-Beveiliging's liability is limited to compliance with the (warranty) provisions described in these terms and conditions. Except in cases of gross negligence and/or intent on the part of MR-Beveiliging, all liability of MR-Beveiliging, such as for consequential damage, business interruption, other indirect damage, and damage resulting from liability towards third parties, is excluded.
17c. The Client is obliged to indemnify MR-Beveiliging and to hold it harmless.
regarding all claims by third parties for compensation for damages for which the
MR-Beveiliging's liability in these general terms and conditions in its relationship with the client is excluded.
17d. MR Security can never be held liable for the discoloration of items belonging to the client or third parties.
17th. This article applies accordingly to additional work.
17f. MR Security's liability is limited to a maximum of the invoice amount for the goods delivered or the work performed.
17g. In the event of damage caused by a defect in the delivered item, MR-Beveiliging will, at the request of the client, disclose within a reasonable period the identity of the manufacturer of the item or the person who transferred the item to MR-Beveiliging.