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General Terms and Conditions Bigalletshop.com
Bigalletshop.com uses these General Terms and Conditions of the Webshop Hallmark Foundation, which were created 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 are used by all members of the Webshop Hallmark Foundation, with the exception of financial services as referred to in the Financial Supervision Act and insofar as these services are supervised by the Authority for the Financial Markets.
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 reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – Exclusion of right of withdrawal
Article 11 – The price
Article 12 – Compliance and extra guarantee
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, termination and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Sector guarantee
Article 19 – Additional or deviating provisions
Article 20 – Amendment of the general terms and conditions Webshop Hallmark Foundation
Article 1 – Definitions
The following definitions apply in these terms and conditions:
1. Additional agreement: an agreement in which the consumer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his commercial, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data that are produced and supplied in digital form;
6. Long-term agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
7. Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation or use during a period that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the reflection period;
9. Entrepreneur: the natural or legal person who is a member of the Webshop Hallmark Foundation and offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance agreement: an agreement that is 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, only or partly 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;
12. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same room at the same time;
Article 2 – Identity of the entrepreneur
Bigalletshop.com | 251ideas Prinses Beatrixstraat 34 1901CZ Castricum The Netherlands;
Phone; 0614 009 251 between 9:00 AM and 9:00 PM
Email address; info@bigalletshop.com
Chamber of Commerce number; 66187435
VAT identification number; NL002064966B94
Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
2. Before the distance agreement 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 will indicate before the distance agreement is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance agreement 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 free of charge electronically or in another way upon request.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favourable to him.
Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be
explicitly 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 a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. 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 the rights and obligations are that are attached to the acceptance of the offer.
Article 5 – The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions attached thereto.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for that purpose.
4. The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance agreement. 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, stating reasons, or to attach special conditions to the execution.
5. At the latest upon delivery of the product, the service or digital content to the consumer, the entrepreneur will send 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:
a. the visiting address of the branch of the entrepreneur where the consumer can address complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing service after purchase;
d. the price including all taxes of the product, service or digital content; insofar as applicable the costs of delivery; and the method of payment, delivery or execution of the distance agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
For products:
1. The consumer can dissolve an agreement relating to the purchase of a product during a reflection period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
2. The reflection 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:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order of several products with a different delivery time, provided that he has clearly informed the consumer of this prior to the ordering process.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
c. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that is not delivered on a tangible medium:
3. The consumer can dissolve a service agreement and an agreement for the delivery of digital content that is not delivered on a tangible medium during a period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that is not delivered on a tangible medium in case of failure to inform 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 reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the starting date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the reflection period
1. During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer makes use of his right of withdrawal, he will notify the entrepreneur of this within the reflection period by means of the model withdrawal form or in another unambiguous way.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
3. The consumer will return the product with all delivered accessories, 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 the 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 he will bear the costs himself, the consumer does not have to bear the costs for returning the product.
6. If the consumer revokes after first explicitly requesting that the performance of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or quantity commences during the reflection period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of revocation, compared to the full fulfilment of the obligation.
7. The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the model withdrawal form, or;
b. the consumer has not explicitly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the reflection period.
8. The consumer does not bear any costs for the full or partial supply of digital content not supplied on a tangible medium, if:
a. he has not explicitly agreed prior to the delivery of it to commence the performance of the agreement before the end of the reflection period;
b. he has not acknowledged losing his right of withdrawal when granting his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer makes use of his right of withdrawal, all supplementary agreements will be dissolved by operation of law.
Article 9 – Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur enables the consumer to notify his withdrawal electronically, he will send an acknowledgement of receipt immediately after receiving this notification.
2. The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with the reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
3. The entrepreneur will use the same means of payment for reimbursement that the consumer has used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
4. If the consumer has opted for 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 right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement:
1. Products or services whose price is subject to fluctuations on the financial market
over which the entrepreneur has no influence and which may occur within the withdrawal period
2. Agreements that are concluded during a public auction. A public auction is understood to mean 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 opportunity 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:
a. the performance has commenced with the consumer's explicit prior consent; and
b. the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
4. Service agreements for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, goods transport, car rental services and catering;
5. Agreements relating to leisure activities, if a specific date or period of performance thereof is provided for in the agreement;
6. Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
9. Products that after delivery are irrevocably mixed with other products due to their nature;
10. Alcoholic beverages of which the price has been agreed upon at the conclusion of the agreement, but of which the delivery can only take place after 30 days, and of which the actual value depends on fluctuations in the market over which the entrepreneur has no influence;
11. Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
12. Newspapers, magazines or periodicals, with the exception of subscriptions thereto;
13. The supply of digital content other than on a tangible medium, but only if:
a. the performance has commenced with the consumer's explicit prior consent; and
b. the consumer has stated that he thereby loses his right of withdrawal.
Article 11 – 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. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if these prices are subject to fluctuations on the financial market over which the entrepreneur has no influence. This dependency on fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of legal regulations or provisions; or
b. the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
Article 12 – Compliance with the agreement and extra 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 reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. Extra guarantee means any commitment from the entrepreneur, his supplier, importer or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in the event that they have failed to fulfill their part of the agreement.
Article 13 – Delivery and execution
1. The entrepreneur will observe the greatest possible care when receiving and executing 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. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 14 – Duration transactions: duration, termination and extension
Termination:
1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time towards the end of the definite period with due observance of the agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements referred to in the previous paragraphs:
-at any time and not be limited to termination at a specific time or in a specific period;
-at least in the same way as they were entered into by him;
-always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension:
4. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
5. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
6. An agreement that has been entered into for a definite period and that extends to 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 in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and ends automatically after the end of 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. Insofar as not otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay in advance more than 50%. When advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the order or service(s) in question, before the stipulated advance payment has taken place.
3. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
4. If the consumer does not fulfill his payment obligation(s) on time, after he has been notified by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the failure to pay within this 14-day period, the consumer owes the legal interest on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the subsequent € 2,500 and 5% over the following € 5,000 with a minimum of € 40. The entrepreneur may deviate from the stated amounts and percentages in favor of the consumer.
Article 16 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of 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 consumer page of the website of Stichting Webshop Keurmerk (http://keurmerk.info/Home/MisbruikOfKlacht) The complaint is then sent to both the entrepreneur concerned and Stichting Webshop Keurmerk.
5. If the complaint cannot be resolved in mutual consultation within a reasonable period or within 3 months after submitting the complaint, a dispute arises that is subject to the dispute resolution.
Article 17 – Disputes
1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
2. Disputes between the consumer and the entrepreneur about the conclusion or execution of agreements relating to products and services to be delivered or delivered by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Geschillencommissie Webshop (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 has first submitted his complaint to the entrepreneur within a reasonable time.
4. The dispute must be submitted to the Disputes Committee in writing no later than twelve months after the dispute arose.
5. When the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. When the entrepreneur wants to do this, the consumer must state in writing within five weeks after a written request to that effect from the entrepreneur whether he also wishes to do so or wants the dispute to be handled by the competent court. If the entrepreneur does not hear 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 (http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop). The decisions of the Disputes Committee are made by way of binding advice.
7. The Disputes Committee will not deal with a dispute or will discontinue the handling, if the entrepreneur has been granted a suspension of payments, has been declared bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the committee at the session and a final decision has been made.
8. If, in addition to the Webshop Disputes Committee, another recognized disputes committee affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, the Webshop Keurmerk Disputes Committee is preferably competent for disputes concerning mainly the method of sale or remote service provision. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.
Article 18 – Sector guarantee
1. Stichting Webshop Keurmerk guarantees compliance with the binding advice of the Geschillencommissie Stichting Webshop Keurmerk by its members, unless the member decides to submit the binding advice to the court for review within two months after it was sent. This guarantee revives if the binding advice has been upheld after review by the court and the judgment showing this has become final. Up to a maximum amount of €10,000 per binding advice, this amount will be paid to the consumer by Stichting Webshop Keurmerk. For amounts greater than €10,000 per binding advice, €10,000 will be paid out. For the remainder, Stichting Webshop Keurmerk has an obligation to make efforts to ensure that the member complies with the binding advice.
2. Application of this guarantee requires that the consumer makes a written appeal to Stichting Webshop Keurmerk and that he transfers his claim on the entrepreneur to Stichting Webshop Keurmerk. If the claim on the entrepreneur amounts to more than €10,000, the consumer will be offered to transfer his claim to Stichting Webshop Keurmerk insofar as it exceeds the amount of €10,000, after which this organization will request payment thereof in court in its own name and at its own expense to satisfy the consumer.
Article 19 – Additional or deviating provisions
Additional 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 they can be stored by the consumer in an accessible manner on a durable data carrier.
Article 20 – Amendment of the general terms and conditions Stichting Webshop Keurmerk
1. Stichting Webshop Keurmerk will only amend these general terms and conditions in consultation with the Consumentenbond (Consumer Association).
2. Amendments to these terms and conditions are only effective after they have been published in an appropriate manner, on the understanding that, in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer will prevail.
Thus established in Castricum on October 1, 2021 by Bigalletshop.com – Jeroen Drankier
