General conditions of distance selling


 
These general terms and conditions of the Dutch Distance Selling Organization have been established in consultation with the Consumers' Association within the framework of the Council's Self-Regulation Advisory Group on Self-Regulation, and will be applicable from January 1, 2012.
These terms and conditions will be used by all members of the Dutch Distance Selling Organization, with the exception of the financial services listed in the Financial Supervision Act, to the extent that such services are indeed supervised by the Authority. financial markets.
Contents:
Article 1 - Definitions
Article 2 - Identity of the Contractor
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of cancellation
Article 7 - Costs in case of dismissal
Article 8 - Exclusion of the right of cancellation
Article 9 - The price
Article 10 - Compliance and Warranty
Article 11 - Delivery and Execution
Article 12 - Extended Transaction: Duration, Termination and Extension
Article 13 - Payment
Article 14 - Treatment of complaints
Article 15 - Disputes
Article 16 - Commercial Guarantee
Article 17 - Additional or different provisions
Article 18 - Changes to the terms and conditions of distance selling
Article 1 - Definitions
In these conditions, will be heard by:
Period of reflection: the period within which the consumer may appeal his right of revocation;
Consumer: the natural person not acting in the professional exercise or on behalf of a company, and having concluded a distance agreement with the entrepreneur;
Day: calendar day
Extended Transaction: A remote agreement for a series of products and / or services whose delivery and / or purchase obligation is spread over time;
Data carrier means any means whereby the consumer or the entrepreneur can save personal information to him / her, allowing for future unmodified viewing and reproduction of the stored information;
Right of revocation: the possibility for the consumer within the cooling-off period, to give up the remote agreement;
Entrepreneur: the natural or legal person being a member of the Dutch Distance Selling Organization and offering products and / or services at a distance to consumers.
Remote agreement: the agreement for which, as part of a distance selling system for products and / or services, one or more remote communication techniques are used exclusively until the end of the agreement.
Remote communication technology: a means used for the conclusion of a remote agreement, without the need for the consumer and the entrepreneur to be present simultaneously in the same room;

Article 2 - Identity of the Contractor
 
Contractor Name: Good Style Design
Head Office Address: 254 Rottekade 2661jx Bergschenhoek
                                            Netherlands
 
Phone number: 0031652303052
                                     0032492755104
Email address: info@goodstyledesign.com
 
KVK number: 76211266
VAT identification number: NL446716133B02
 
In the case where the activity of the contractor is subject to an appropriate licensing system: data concerning the supervisory authority:
When the contractor practices a regulated profession:
the association or organization of which he is a member;
the professional title, the place in the EU or in the European Economic Area where it has been awarded;
a reference to the professional rules applicable in the Netherlands and instructions on how and where to access them.
Article 3 - Applicability
These terms and conditions apply to each of the contractor's offers and to any distance agreement between the entrepreneur and the consumer.
Before the conclusion of the agreement at a distance, the present general conditions will be made available to the consumer. If this proves impossible, it will be indicated before the conclusion of the agreement at a distance, that the general conditions can be consulted at the contractor or sent on request to the address of the consumer.
In the case of a conclusion of the remote agreement by electronic means, contrary to the previous paragraph and before the conclusion of the remote agreement, these general conditions may be made available to the consumer electronically so as to that the latter can save them in a simple way on a data carrier. If this proves impossible, the place where these general conditions can be consulted electronically and the possibility of sending them on request and free of charge to the consumer's address, will be indicated before the conclusion of the 'remote agreement.
If in addition to these general conditions, conditions specific to the products or services are applicable, the second and third paragraph will apply and in case of contradictory general conditions, the consumer may always invoke the most favorable provisions.

Article 4 - The offer
If the offer is only valid for a limited period or when it is subject to certain conditions, this will be stated in the offer explicitly.
The offer includes a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a correct evaluation of the offer by the consumer. In the case where the entrepreneur makes use of images, these will have to certify the products and / or services in an honest and truthful way. Obvious mistakes or errors in the offer will in no way bind the contractor.
Each offer contains information that clearly indicates to the consumer which rights and obligations it has to accept the offer. This applies particularly:
at the prices taxes included;
any delivery costs;
the manner in which the agreement is concluded and the procedures required for that purpose;
the applicability or non-applicability of the right of revocation;
the method of payment, delivery and application of the agreement;
the deadline for accepting the offer or the deadlines within which the prices are guaranteed by the contractor;
the amount of the tariff for remote communication, if the charges for the use of the remote communication technique are calculated on a basis other than that of the regular basic rate for the same means of communication used;
if the agreement is archived after its conclusion and if so, how it can be accessed by the consumer;
the manner in which the consumer, before the conclusion of the agreement, can control and if desired, modify the data he has transmitted under the agreement;
to any languages ​​in addition to Dutch, in which the agreement can be concluded;
the codes of conduct to which the consumer must respond and the way in which the consumer can consult them electronically;
the minimum duration of the remote agreement in case of an extended transaction
Article 5 - The agreement
Subject to what is determined in paragraph 4, the agreement is concluded at the moment of acceptance of the offer by the consumer and when the conditions related thereto are respected.
When the offer has been accepted by the consumer electronically, the Contractor will immediately confirm electronically receipt of the acceptance of the offer. As long as the acceptance of this acceptance has not been confirmed by the contractor, the consumer will be entitled to terminate the agreement.
When the agreement is concluded electronically, the contractor will take the necessary technical and organizational measures for the security of electronic data transfer, and ensure the security of the web environment. When the consumer is able to pay electronically, the contractor will take the necessary security measures.
The entrepreneur can - within legal frameworks - inquire about the possibility of the consumer to meet its payment obligations and the facts and factors necessary for responsible application of the agreement at a distance. If by virtue of this information, the entrepreneur has good reasons not to agree with the consumer, he will be entitled to refuse an order or to accept it by granting him specific conditions.
With the product or service delivered to the consumer, the contractor will enclose the following information in a written manner or in a way that it can be easily saved on a data carrier:
the address of the contractor's establishment where the consumer can go for any complaints;
the manner in which the consumer may appeal the right of cancellation and the conditions applicable to it, or a statement clearly indicating any exclusions from the right of revocation.
Information regarding current warranties and after-sales services;
The data mentioned in Article 4 paragraph 3 of these general conditions, unless they have already been communicated by the entrepreneur to the consumer before the conclusion of the agreement;
The requirements for termination of the agreement where the agreement has a duration of more than one year or an indefinite period;
In case of prolonged transaction, the provisions of the preceding paragraph will only be applied to the first delivery.

Article 6 - Right of cancellation
For the delivery of products:
For the purchase of products, the consumer has the possibility to terminate the agreement without giving reasons, for a period of 14 days, from the day following receipt of the product by the consumer or by a designated representative and communicated beforehand to the contractor.
During the cooling off period, the consumer will carefully treat the product and its packaging. It will not unpack the product only to the extent that this is necessary in order to determine whether it wishes to retain the product. When the consumer decides to use his right of revocation - and where possible - he will return the product and all accessories to the Contractor in accordance with the reasonable and clear instructions of the Contractor.
For the delivery of services:
For the delivery of services, the consumer has the possibility to terminate the agreement without giving reasons, for a period of 14 days, from the day of the conclusion of the agreement.
To make use of his right of revocation, the consumer will abide by the reasonable and clear instructions indicated in the offer or communicated at the latest at the time of the delivery of the product.
Article 7 - Costs in case of dismissal
If the consumer decides to use his right of revocation, the maximum charge due by the latter will be that of the return shipment.
If the consumer has already paid a certain amount, the contractor will refund this amount as quickly as possible and no later than 30 days after the return shipment or the appeal to the right of revocation.
Article 8 - Exclusion of the right of cancellation
The Contractor may exclude the consumer's right of revocation under subsections 2 and 3. The exclusion of the right of revocation will only be applicable when the Contractor has clearly stated this in the offer or in a timely manner before conclusion of the agreement.
The exclusion of the right of revocation will only be applicable for products:
that have been manufactured by the Contractor in accordance with the specifications of the consumer;
which are clearly of a personal nature;
which by reason of their nature can not be returned;
that are likely to rot or age quickly;
whose price is subject to variations in the financial market that the entrepreneur can not influence;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer.
The exclusion of the right of cancellation will only be applicable for the services:
relating to lodgings, transport, catering or leisure activities, to be carried out on a certain date or for a certain period;
whose delivery, with the express agreement of the consumer, began before the expiry of the cooling-off period;
regarding betting and lotteries.

Article 9 - The price
During the period of validity indicated in the offer, the prices of the products and / or services offered will not be increased, except in case of price changes due to fluctuations in the VAT rate.
Contrary to the preceding paragraph, the entrepreneur will be entitled to offer variable price products or services for products whose prices are related to fluctuations in the financial market that the entrepreneur can not influence. This relationship between prices and changes in the financial market, and the fact that the prices quoted may therefore represent indicative prices, will be indicated in the offer.
Price increases within a period of three months after the conclusion of the agreement will only be allowed when they result from legal provisions or directives.
Price increases after a period of three months following the conclusion of the agreement will only be authorized once the contractor has been authorized and when:
these are the result of legal provisions and directives;
the consumer is entitled to terminate the agreement from the day on which the increase takes place.
The prices mentioned in the offer of products or services include VAT.
Article 10 - Compliance and Warranty
The Contractor will ensure the conformity of the products and / or services with the agreement, the specifications indicated in the offer, the reasonable requirements regarding the reliability and / or usefulness of the product, and the provisions and / or governmental requirements existing at the date of conclusion of the agreement. If so agreed, the Contractor will also warrant that the product is suitable for use other than normal.
A warranty provided by the Contractor, the manufacturer or the importer will not affect the rights and claims that the consumer may have from the Contractor under the Agreement.
Article 11 - Delivery and Execution
The Contractor will be as careful as possible in receiving and implementing product orders, as well as in the path from application evaluation to completion of service delivery.
The address communicated by the consumer to the company will serve as the delivery address.
By virtue of what has been indicated on this subject in article 4 of these general conditions, the company will take care of a fast execution of the accepted orders, with a maximum delay of 30 days, except when a prolonged delay has been agreed. When a delivery is delayed, when it must be canceled or when it can only be partially completed, the consumer will be informed at the latest 30 days after placing the order. In this case, the consumer will be entitled to terminate the agreement at no additional cost and will be entitled to any compensation.
In the event of termination in accordance with the preceding paragraph, the entrepreneur will be required to refund the amount paid by the consumer as quickly as possible and no later than 30 days after the termination of the agreement.
If delivery of a product proves impossible, the contractor will endeavor to offer a replacement item to the consumer. The delivery of such a replacement item will be clearly and comprehensibly indicated, at the latest at the time of delivery. For replacement items, the right of revocation can not be excluded. The costs of a possible return shipment will be the responsibility of the contractor.
The risk of damage and / or loss of products will be on the account of the entrepreneur until the moment of delivery to the consumer or to a designated representative and communicated beforehand to the contractor, except in case of a different and explicit agreement.

Article 12 - Extended Transaction: Duration, Termination and Extension
Termination
Consumers who have entered into an indefinite agreement extending to the delivery of the services will have the right to terminate the agreement at any time, taking into account the termination rules agreed for this purpose, and a deadline of notice of up to one month.
Consumers who have entered into a fixed-term agreement which extends to the delivery of the services will be entitled to terminate the agreement at any time at the end of the fixed term, taking into account the termination rules agreed for this purpose. and a notice period of up to one month.
With regard to the agreements mentioned in the preceding paragraphs:
the consumer will be entitled to terminate these at any time and will not be limited to a termination at a specific time or for a specific period;
The consumer will be entitled to terminate the latter as he has concluded;
The consumer will be entitled to terminate these with a notice period identical to that of the contractor.
Extension
An agreement which has been concluded for a fixed period and which extends to the delivery of the services, can not be prolonged or tacitly renewed for a fixed period.
Contrary to the preceding paragraph, an agreement concluded for a definite period and extending to the delivery of newspapers, dailies, weeklies or magazines, may be tacitly extended for a fixed period of up to three months provided that the consumer has the option of terminating this extension of the agreement with a notice period of up to one month.
An agreement which has been concluded for a definite period and which extends to the delivery of the services, may be tacitly extended for an indefinite period only when the consumer is entitled at any time to terminate the agreement with a time limit notice of up to one month or up to a maximum of three months when the agreement extends to regular delivery, but limited to less than once a month, newspapers, dailies, weeklies or magazines .
A limited time agreement extending to regular delivery of newspapers, dailies, weeklies or magazines (trial or discovery subscription) will not be tacitly extended and will automatically terminate after the expiry of the period test or introduction.
duration
When an agreement is concluded with a duration of more than one year, the consumer will be entitled to terminate the agreement at any time, with a notice period of one month maximum, unless the fair and equitable opposition to a termination before the end of the period agreed in the agreement.

Article 13 - Payment
The consumer undertakes to communicate to the entrepreneur any inaccuracies in the specified payment data. In the event of non-payment by the consumer, subject to legal constraints, the entrepreneur shall be entitled to charge the consumer reasonable prices generated and communicated in advance to the consumer.
 
Article 14 - Treatment of complaints
The contractor has a complaints procedure communicated in an appropriate manner. Complaints will be handled in accordance with this.
Complaints about the application of the agreement shall be communicated to the contractor in a timely manner and in a complete and clearly described manner, after the consumer has identified the defects.
Complaints submitted to the Contractor will be processed within 14 days of the date of receipt. If the processing of a complaint requires an extended processing time, a message will be sent to the consumer, confirming the receipt of the complaint and indicating the date on which a more detailed response can be expected.
A complaint about a product or service of the entrepreneur may be communicated via the complaint form on the consumer page of the website of the Dutch Distance Selling Organization: www.thuiswinkel.org. The complaint will thus be sent to the contractor in question and the Dutch organization for distance selling.
Where the complaint can not be resolved by mutual agreement, a dispute that may be resolved by the Disputes Committee will be considered.
Article 15 - Disputes
For agreements between the entrepreneur and the consumer to which these general conditions apply, Dutch law will apply.
Disputes between the consumer and the contractor with respect to the conclusion or application of the agreements concluded for the products and services delivered by the entrepreneur, may, in accordance with the following provisions, be presented by the consumer as the contractor to the Dispute Resolution Commission, PO Box 90600, 2509 LP The Hague (www.sgc.nl).
Disputes will only be dealt with by the Disputes Commission once the consumer has submitted a complaint to the contractor in a timely manner.
Within a maximum of three months following the birth of the dispute, the latter must be sent in writing to the Litigation Committee.
When the consumer wishes to present a dispute before the Litigation Commission, the latter will be bound by its decision. When the contractor wishes to do so, the consumer, within a period of five weeks following a written request from the contractor, will indicate in writing either the acceptance of the contractor's decision or his preference. for the treatment of the dispute by a competent court. When the decision of the consumer is not received by the contractor within this period of 5 weeks, the contractor will be entitled to present the dispute to the competent court.
The Litigation Commission will render its judgment in accordance with the conditions stipulated in its regulations. The decisions of the Litigation Commission will be valid as binding notices.
The Disputes Committee will cancel or terminate a dispute when an overpayment of payment has been granted to the entrepreneur, when a state of bankruptcy is established or when the latter has ceased its business operations, before the Commission and before its final judgment.
If, in addition to the Distance Selling Disputes Commission, another entity recognized or linked to the Foundation of Consumer Dispute Commissions or the Institute for Complaints and Financial Services is considered to be competent, only the Disputes Committee for distance selling shall be the exclusive competent entity with respect to the methods of selling or providing services remotely. For all other disputes, the other recognized litigation commissions related to SGC or Kifid, will represent the competent entities.

Article 16 - Commercial Guarantee
The Dutch Distance Selling Organization shall ensure the respect of the binding opinions of the Distance Selling Disputes Commission by its members, unless the member in question decides to submit the binding opinion to the court for examination in both cases. months following the sending of this notice. This guarantee will come into effect if, after the court's examination, this binding opinion is maintained and the judgment has become res judicata. A maximum amount of € 10,000 per binding notice will be paid to the consumer by the Dutch organization for distance selling. For amounts exceeding € 10,000 per binding notice, a sum of € 10,000 will be paid. For the rest, the Dutch distance selling organization is obliged to ensure that the binding notice is respected by its members.
For the purposes of this guarantee, an appeal to the guarantee to the Dutch organization for distance selling must be made by the consumer, indicating the transfer to the Dutch organization of the distance selling of his claim to the respect of the contractor. If the claim against the contractor exceeds € 10,000, it will be proposed to the consumer to transfer his claim to the Dutch organization of distance selling, after which it will take charge in his name and on his behalf. payment of the claim to the consumer.
Article 17 - Additional or different provisions
The additional provisions to / different from these general conditions shall not disadvantage the consumer and must be determined in writing and so that the consumer can save them easily on a data carrier.
Article 18 - Changes to the terms and conditions of distance selling
The Dutch Distance Selling Organization will only amend the present terms and conditions after consultation with the Consumers' Association.
Changes to these terms and conditions will not take effect until they have been published in accordance with the applicable rules. This means that for changes occurring during the duration of an offer, the most favorable provisions for the consumer will prevail.
Address of the Dutch Distance Selling Organization: PO Box 7001, 6710 CB Ede.