Terms & Conditions

These General Terms and Conditions shall be used by all members of the Stichting Webshop Keurmerk, with the exception of financial services as referred to in the Financial Supervision Act (Wet Financieel Toezicht) and insofar as these services fall under the supervision of the Netherlands Authority for the Financial Markets (AFM).

ARTICLE 1 – DEFINITIONS

In these terms and conditions, the following definitions apply:

• Cooling-off period: the period within which the consumer can exercise their right of withdrawal.
• Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
• Day: calendar day.
• Continuing performance contract: a distance contract relating to a series of products and/or services, for which the obligation to deliver and/or receive is spread over time.
• Durable data carrier: any tool that enables the consumer or entrepreneur to store information addressed personally to them, in a way that allows future consultation and unaltered reproduction of the stored information.
• Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.
• Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products and/or services to consumers remotely.
• Distance contract: a contract concluded within the framework of an organized system for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the moment the contract is concluded.
• Means of distance communication: tools that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same place.

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

WonderSpark.nl
WonderSpark BV
Hoendiep 160-5B
9745 EA Groningen
The Netherlands

Email: info@wonderspark.nl

Chamber of Commerce (KvK) number: 93931662

If the entrepreneur’s activity is subject to a relevant licensing regime: details of the supervisory authority will be provided.

If the entrepreneur practices a regulated profession:

the professional association or organization to which they belong;

the professional title, and the place in the EU or European Economic Area where it was granted;

a reference to the applicable professional rules in the Netherlands and how these can be accessed.

ARTICLE 3 – APPLICABILITY

These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded between entrepreneur and consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur’s premises and will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be provided electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, the consumer shall be informed where the terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge, electronically or otherwise, upon request.

If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the provision most favorable to them.

ARTICLE 4 – THE OFFER

If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.

The offer contains a complete and accurate description of the products 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 and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

Every offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer.

ARTICLE 5 – THE AGREEMENT

Subject to the provisions in paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions attached thereto.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall 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 shall take appropriate security measures.

The entrepreneur may, within legal limits, ascertain whether the consumer is able to meet their payment obligations, as well as all those facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request, giving reasons, or to attach special conditions to its execution.

The entrepreneur shall, upon delivery of the product or service, send the consumer the following information in writing or in a way that the consumer can store it on a durable data carrier:
a. the visiting address of the entrepreneur’s business location where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on warranties and existing after-sales service;
d. the information referred to in Article 4(3), unless the entrepreneur has already provided this information to the consumer before the execution of the contract;
e. the conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

ARTICLE 6 – RIGHT OF WITHDRAWAL
For products:

The consumer may dissolve a contract relating to the purchase of a product during a cooling-off period of at least 30 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not require the consumer to state their reason(s).

The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, receives the last product. Provided the trader informed the consumer clearly prior to the ordering process, the trader may refuse an order of multiple products with different delivery times;
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 them, receives the last shipment or the last part;
c. in the case of contracts for the regular delivery of products over a specific period: the day on which the consumer, or a third party designated by them, receives the first product.

For services and digital content not supplied on a tangible medium:

The consumer may dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium during a period of at least 30 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not require the consumer to state their reason(s).

The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium where information about the right of withdrawal was not provided:

If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period as determined in accordance with the previous paragraphs of this article.

If the trader provides the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original cooling-off period, the cooling-off period expires 30 days after the day on which the consumer received that information.

ARTICLE 7 – OBLIGATIONS OF THE CONSUMER DURING THE COOLING-OFF PERIOD

During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The guiding principle is that the consumer may handle and inspect the product in the same manner as they would be allowed to do in a shop.

The consumer is only liable for any diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.

The consumer is not liable for diminished value of the product if the trader failed to provide all legally required information about the right of withdrawal before or at the conclusion of the contract.

ARTICLE 8 – EXERCISING THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS

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

As soon as possible, but no later than 30 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the trader (or a person authorized by the trader). This is not required if the trader has offered to collect the product. The consumer has in any event complied with the return deadline if they send back the product before the cooling-off period has expired.

The consumer shall return the product with all supplied accessories, in the original condition and packaging if reasonably possible, and in accordance with any reasonable and clear instructions provided by the trader.

The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

The consumer bears the direct costs of returning the product. If the trader has not informed the consumer that they must bear these costs, or if the trader has indicated that they will bear the costs, the consumer does not have to pay the return costs.

If the consumer withdraws after having expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or quantity begins during the cooling-off period, the consumer owes the trader an amount proportional to that part of the obligation which has been performed by the trader at the time of withdrawal, compared to the full performance of the obligation.

The consumer bears no costs for the performance of services or the supply of water, gas or electricity not made ready for sale in a limited volume or quantity, or for district heating, if:
– the trader has failed to provide the legally required information about the right of withdrawal, compensation upon withdrawal, or the model withdrawal form; or
– the consumer did not expressly request the start of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.

The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium, if:
– they did not expressly consent, prior to delivery, to begin performance of the contract before the end of the cooling-off period;
– they did not acknowledge that they would lose their right of withdrawal by giving consent; or
– the trader failed to confirm this acknowledgement by the consumer.

If the consumer exercises the right of withdrawal, all ancillary contracts shall be terminated by operation of law.

ARTICLE 9 – OBLIGATIONS OF THE TRADER IN THE EVENT OF WITHDRAWAL

If the trader enables the consumer to submit the withdrawal notification electronically, the trader shall promptly send an acknowledgment of receipt after receiving such notification.

The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay and no later than 30 days following the day on which the consumer informed the trader of the withdrawal. Unless the trader offers to collect the product, the trader may withhold the reimbursement until the trader has received the product or the consumer has supplied evidence of having sent back the product, whichever occurs first.

The trader shall use the same means of payment for reimbursement that the consumer used, unless the consumer agrees to another method. The reimbursement shall be free of charge for the consumer.

If the consumer chose a more expensive delivery method than the cheapest standard delivery, the trader is not obliged to reimburse the additional costs for the more expensive method.

ARTICLE 10 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
The trader may exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this in the offer, or at least in good time before the conclusion of the contract:

– Products or services whose price depends on fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period;
– Contracts concluded during a public auction. A public auction means a sales method in which products, digital content and/or services are offered by the trader to consumers who are personally present or have the possibility to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
– Service contracts, after full performance of the service, but only if:
• performance has begun with the consumer’s express prior consent; and
• the consumer has declared that they lose their right of withdrawal once the trader has fully performed the contract;
– Service contracts for the provision of accommodation, where the contract provides for a specific date or period of performance and other than for residential purposes, the transport of goods, car rental services and catering;
– Contracts relating to leisure activities, where the contract provides for a specific date or period of performance;
– Products made to the consumer’s specifications, which are not prefabricated and are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
– Products that perish quickly or have a limited shelf life;
– Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
– Products which, after delivery, by their nature are irrevocably mixed with other products;
– Alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, but the delivery of which can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no influence;
– Sealed audio or video recordings and computer software, where the seal has been broken after delivery;
– Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
– The supply of digital content other than on a tangible medium, but only if:
• performance has begun with the express prior consent of the consumer; and
• the consumer has declared that, by giving consent, they lose their right of withdrawal.

ARTICLE 11 – THE PRICE

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 resulting from changes in VAT rates.

In deviation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This linkage to fluctuations and the fact that any listed prices are guide prices shall be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
a. they result from statutory regulations or provisions; or
b. the consumer has the right to terminate the contract as of the day on which the price increase takes effect.

The prices stated in the offer of products or services are exclusive of VAT.

ARTICLE 12 – PERFORMANCE OF THE CONTRACT AND EXTRA GUARANTEE

The trader warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the trader also warrants that the product is suitable for use other than normal use.

An extra guarantee provided by the trader, its supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer can assert against the trader under the contract if the trader has failed to fulfill their part of the contract.

“Extra guarantee” means any commitment by the trader, its supplier, importer or producer in which certain rights or claims are granted to the consumer that go beyond what the trader is legally obliged to do in the event that the trader has failed to fulfill their part of the contract.

ARTICLE 13 – DELIVERY AND PERFORMANCE

The trader shall exercise the greatest possible care when receiving orders for products and when assessing applications for the provision of services.

The place of delivery is the country where the transport begins. In this case, delivery takes place outside the EU; therefore, the postal or courier company will charge the customer import VAT and/or clearance fees. The trader will therefore not charge VAT.

Subject to what is stated about this in Article 4 of these General Terms and Conditions, the trader shall execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be carried out or can only be carried out partially, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract at no cost and is entitled to possible compensation.

After dissolution in accordance with the previous paragraph, the trader shall promptly refund the amount paid by the consumer.

The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative previously designated by the consumer and made known to the trader, unless expressly agreed otherwise.

ARTICLE 14 – DURATION TRANSACTIONS: TERM, TERMINATION AND RENEWAL
Termination

The consumer may terminate a contract concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a contract concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may:
– terminate the contracts referred to in the previous paragraphs at any time and not be restricted to termination at a specific time or in a specific period;
– at least terminate them in the same way as they were entered into by the consumer;
– always terminate with the same notice period as the trader has stipulated for themselves.

Renewal
A contract concluded for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
By way of derogation from the previous paragraph, a contract concluded for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
A contract concluded for a definite period and which 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, and with a notice period of no more than three months in the event the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract with a limited term for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) shall not be tacitly continued and ends automatically after the trial or introductory period.

Term
If a contract has a duration of more than one year, the consumer may terminate the contract 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

Unless otherwise stipulated in the contract or additional conditions, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, if there is no cooling-off period, within 14 days after the conclusion of the contract. In the case of a contract for the provision of a service, this period commences on the day after the consumer receives the confirmation of the contract.

In the sale of products to consumers, the consumer may never be obliged in the general terms and conditions to make an advance payment of more than 50%. If 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.

The consumer has the duty to report inaccuracies in provided or stated payment details to the trader without delay.

If the consumer does not meet their payment obligation(s) on time, after being notified by the trader of the late payment and after the trader has granted the consumer a period of 14 days to still fulfill the payment obligations, the consumer shall owe statutory interest on the amount still due in the event of non-payment within this 14-day period, and the trader is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% of outstanding amounts up to €2,500; 10% over the subsequent €2,500; and 5% over the next €5,000, with a minimum of €40. The trader may deviate from the stated amounts and percentages in the consumer’s favor.

ARTICLE 16 – COMPLAINTS PROCEDURE

The trader has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the execution of the contract must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the trader shall be answered within 14 days from the date of receipt. If a complaint foreseeably requires a longer processing time, the trader shall respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

A complaint about a product, service or the trader’s service can also be submitted via a complaints form on the consumer page of the Stichting Webshop Keurmerk website (http://keurmerk.info/Home/MisbruikOfKlacht). The complaint is then sent both to the relevant trader and to Stichting Webshop Keurmerk.

If the complaint cannot be resolved within a reasonable period or within 3 months after the complaint is submitted, a dispute arises that is subject to the dispute resolution procedure.

ARTICLE 17 – DISPUTES

Only Dutch law applies to contracts between the trader and the consumer to which these general terms and conditions relate.

Disputes between the consumer and the trader regarding the formation or execution of contracts relating to products and services to be delivered or delivered by this trader may, with due observance of the following, be submitted by both the consumer and the trader to the Webshop Disputes Committee, PO Box 90600, 2509 LP, The Hague (www.sgc.nl).

A dispute will only be handled by the Disputes Committee if the consumer has first submitted the complaint to the trader within a reasonable time.

No later than twelve months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.

If the consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by this choice. If the trader wishes to do so, the consumer must state in writing within five weeks of a written request by the trader whether they also wish this or prefer to have the dispute handled by the competent court. If the trader does not learn of the consumer’s choice within the five-week period, the trader is entitled to submit the dispute to the competent court.

The Disputes Committee will render a decision under the conditions set out in the Committee’s regulations. The decisions of the Disputes Committee are made by way of binding advice.

The Disputes Committee will not handle a dispute, or will discontinue handling it, if the trader has been granted a suspension of payments, has become bankrupt, or has actually ceased business activities, before a dispute has been heard by the committee and a final decision has been rendered.

If, in addition to the Webshop Disputes Committee, another recognized disputes committee or a disputes committee affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, then the Webshop Disputes Committee shall have exclusive competence for disputes that mainly concern the method of distance selling or service provision. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid is competent.

ARTICLE 18 – SECTOR GUARANTEE

Stichting Webshop Keurmerk guarantees compliance with the binding advice of the Webshop Disputes Committee by its members, unless the member decides to submit the binding advice to the court for review within two months after its dispatch. This guarantee revives if the binding advice remains in force after review by the court and the judgment evidencing this has become final and conclusive. 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. For the remainder, Stichting Webshop Keurmerk has a best-efforts obligation to ensure that the member complies with the binding advice.

To invoke this guarantee, the consumer must submit a written request to Stichting Webshop Keurmerk and transfer their claim against the trader to Stichting Webshop Keurmerk. If the claim against the trader exceeds €10,000, the consumer will be offered to transfer the claim insofar as it exceeds €10,000 to Stichting Webshop Keurmerk, after which this organization will seek payment of the excess amount 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 – AMENDMENTS TO THE WEBSHOP KEURMERK GENERAL TERMS AND CONDITIONS

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

Amendments to these terms and conditions shall only take effect after they have been published in the appropriate manner, it being understood that, in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer shall prevail.

Address of Stichting Webshop Keurmerk:
Willemsparkweg 193, 1071 HA Amsterdam