General Terms and Conditions of the Thuiswinkel

These General Terms and Conditions of the Dutch Home Shopping Organization (hereinafter: Thuiswinkel.org) were drafted in consultation with the Consumers' Association within the framework of the Coordination Group for Self-Regulation Negotiations (CZ) of the Socio-Economic Council and come into effect on June 1, 2014.

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 cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Compliance and additional guarantee
Article 13 – Delivery and performance
Article 14 – Long-term transactions: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Sector guarantee
Article 19 – Additional or different provisions
Article 20 – Amendment of the General Terms and Conditions of the Thuiswinkel

Article 1 – Definitions

In these terms and conditions, the following is meant:

1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, 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. Consideration periodthe period within which the consumer can exercise their right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
4. Good day: calendar day;
5. Digital content: data that is produced and delivered in digital form;
6. Long-term agreement: an agreement that extends to the regular delivery of goods, services and/or digital content over a certain period of time;
7. Sustainable data carrierany device – including email – that enables the consumer or entrepreneur to store information addressed to them personally in a manner that allows future consultation or use for a period aligned with the purpose for which the information is intended, and that enables unchanged reproduction of the stored information;
8. Right of withdrawalthe possibility for the consumer to withdraw from the distance contract within the cooling-off period;
9. Entrepreneurthe natural or legal person that is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services remotely to consumers;
10. Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, in which, up to the conclusion of the agreement, only one or more remote communication techniques are used exclusively or in combination;
11. Model cancellation formthe European model form for withdrawal included in Annex I to these conditions; Annex I need not be made available if the consumer does not have a right of withdrawal in respect of his/her order;
12. Technology for remote communication: means that can be used to conclude an agreement, without the consumer and the entrepreneur having to be in the same room at the same time.

Article 2 – Identity of the entrepreneur

Name of entrepreneur: Heating Group International BV
Operating under the name: Warmtekabel.nl

Address of the establishment:
Bijsterhuizen 5118
6604 LX Wijchen
The Netherlands

Phone number: 0511 469 947

Accessibility: Monday to Friday from 09:00 to 17:00

Email address: info@voltanova.nl

KvK number: 16083429
VAT number: NL804967155B01
 

Article 3 – Applicability

1. These terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
2. 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, the entrepreneur shall indicate before the distance contract is concluded how the general terms and conditions can be viewed with the entrepreneur and that they will be sent free of charge to the consumer at the consumer's request as soon as possible.
3. If the agreement is concluded electronically, by way of derogation from the previous paragraph, and before the agreement is concluded electronically, the text of these general terms and conditions may be made available to the consumer 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, it will be indicated before the agreement is concluded electronically where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.
4. In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may, in the event of conflicting conditions, always rely on the applicable provision that is most favorable to him.

Article 4 – The offer

1. If an offer has a limited validity period 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 offered products, digital content and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, these are a truthful representation of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer do not bind the trader.
3. Each offer contains such information that is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer.

Article 5 – The agreement

1. The agreement comes into force, subject to the provisions of paragraph 4, at the time of acceptance of the offer by the consumer and compliance with the conditions set therein.
2. If the consumer has accepted the offer by electronic means, the trader shall promptly acknowledge receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may rescind the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures to ensure this.
4. The entrepreneur may, within the legal framework – ascertain whether the consumer can meet his payment obligations, as well as all the facts and factors that are relevant for a responsible conclusion of the distance contract. If the entrepreneur has good reasons based on this investigation to not enter into the agreement, he is entitled to refuse an order or request, or to impose special conditions on the execution thereof.
5. The entrepreneur shall, at the latest upon delivery of the product, the service or digital content to the consumer, 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:
   • the physical address of the entrepreneur's establishment where the consumer can go for complaints;
   • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
   • the information about warranties and existing after-sales service;
   • the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
   • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
   • 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 applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

1. The consumer may terminate an agreement regarding the purchase of a product during a 14-day cooling-off period without giving any reason. The entrepreneur may ask the consumer about the reason for the withdrawal, but is not obliged to oblige the consumer to state the reason(s).
2. The cooling-off period referred to in paragraph 1 shall begin on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
   • if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The entrepreneur may, provided that he has clearly informed the consumer in advance of the ordering process, refuse an order of multiple products with a different delivery time.
   • 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, has received the last shipment or the last part;
   • for agreements involving the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

In the case of services and digital content that have not been delivered on a material medium:

3. The consumer may terminate a service agreement and an agreement for the delivery of digital content that has not been delivered on a material medium within 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for the termination, but is not obliged to require the consumer to state the reason(s).
4. The cooling-off period referred to in paragraph 3 shall begin on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content that have not been delivered on a tangible medium where no information about the right of withdrawal has been provided:

5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period expires twelve months after the end of the original cooling-off period established in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the information referred to in the preceding paragraph to the consumer within twelve months after the date of entry into force of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer shall handle the product and its packaging carefully. He shall only unpack or use the product to the extent necessary to ascertain the nature, characteristics and functioning of the product. The principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
2. The consumer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
3. The consumer is not liable for any diminished value of the product if the trader has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the contract.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer exercises their right of withdrawal, they shall notify the trader of this within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product, or hand it over to (an authorized representative of) the entrepreneur. This does not have to be done if the entrepreneur has offered to pick up the product himself. The consumer must in any case observe the return period if they return the product before the cooling-off period has expired.
3. The consumer shall return the product with all supplied 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 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 indicated that the consumer must bear these costs, or if the entrepreneur indicates that they will bear the costs themselves, the consumer is not required to bear the costs of return.
6. If the consumer cancels after first explicitly requesting that the performance of the service or the delivery of gas, water or electricity that has not been made ready for sale begin during the cooling-off period, the consumer is liable to the entrepreneur an amount that is proportionate to that part of the contract that has been fulfilled by the entrepreneur at the time of cancellation, compared with the full performance of the contract.
7. The consumer shall not bear any costs for the provision of services or the delivery of water, gas or electricity that have not been made ready for sale in a limited volume or quantity, or for the delivery of district heating, if:
   • the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in the event of withdrawal, or the model form for withdrawal; or;
   • the consumer has not explicitly requested the start of the performance of the service or the delivery of gas, water, electricity or district heating during the cooling-off period.
8. The consumer shall not bear any costs for the full or partial delivery of digital content that is not delivered on a material medium, if:
   • he did not explicitly consent to the commencement of performance of the agreement before the end of the cooling-off period;
   • he has not acknowledged that he loses his right of withdrawal when granting his consent; or
   • The trader failed to confirm this statement from the consumer.
9. If the consumer exercises their right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in case of withdrawal

1. If the trader makes the notification of withdrawal by the consumer possible by electronic means, they shall send an acknowledgement of receipt without delay after receiving this notification.
2. The entrepreneur shall reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay 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 refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever occurs first.
3. The trader shall use the same means of payment that the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise and provided that the consumer does not incur any fees as a result of such reimbursement.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader is not required to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this when offering them, at least in time for the conclusion of the agreement:

1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
2. Agreements concluded during a public auction. A public auction is a sales method in which the entrepreneur offers products, digital content and/or services to the consumer who is present in person or has the opportunity to be present in person at the auction, under the guidance of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after the full execution of the service, but only if:
   • the performance has begun with the express prior consent of the consumer; and
   • the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport; 
5. Service agreements for the provision of accommodation, where the agreement provides for a specific date or period of performance and is not for residential purposes, freight transport, car rental services and catering;
6. Agreements relating to leisure time activities, where the agreement provides for a specific date or period for their execution;
7. Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured based on the individual choice or decision of the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products that, by their nature, are irrevocably mixed with other products after delivery;
11. Alcoholic beverages the price of which was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
12. Sealed audio, video recordings and computer software, the sealing of which has been broken after delivery;
13. Newspapers, magazines or periodicals, with the exception of subscriptions to them;
14. The supply of digital content other than on a material medium, but only if:
    • the performance has begun with the express prior consent of the consumer; and
    • the consumer has declared that he thereby loses his right of withdrawal.

Article 11 – The price

1. During the validity period specified 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. By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are guide prices are stated when offering the products or services.
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 trader has stipulated this and:
   • these are the result of legal regulations or provisions; or
   • the consumer has the right to terminate 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 are exclusive of VAT.

Article 12 – Performance of the agreement and additional guarantee

1. The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of adequacy and/or usability, and the legal provisions and/or government regulations in effect on the date of the conclusion of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. An additional guarantee provided by the entrepreneur, their supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill its part of the agreement.
3. Extra warranty means any commitment by the entrepreneur, their 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 of failure to comply with their part of the agreement.

Article 13 – Delivery and performance

1. The entrepreneur will exercise the utmost care when receiving and fulfilling orders for products and when assessing requests for the provision of services.
2. The address that the consumer has made known to the trader shall be deemed to be the place of delivery.
3. Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders promptly and no later than 30 days, unless a different delivery period has been agreed upon. If delivery is delayed or if an order cannot be executed in full or only partially, the consumer will be informed thereof no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without incurring any costs and to claim any compensation due.
4. Following dissolution in accordance with the preceding paragraph, the trader shall promptly refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and known to the entrepreneur representative, unless expressly agreed otherwise.

Article 14 – Long-term transactions: duration, termination and renewal

Termination:

1. The consumer may terminate an agreement concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to the termination rules agreed upon for this purpose and a termination period of no more than one month.
2. The consumer may terminate an agreement concluded for a certain period of time and which extends to the regular delivery of products (including electricity) or services at any time at the end of the specified period, subject to the termination rules agreed upon for this purpose and a termination period of no longer than one month.
3. The consumer may conclude the agreements mentioned in the previous paragraphs:
   • to terminate at any time and not be limited to termination at a specific time or within a specific period;
   • at least terminate the contract in the same way as they were entered into by him;
   • Always terminate the contract with the same termination period as the entrepreneur has stipulated for himself.

Extension:

4. An agreement that has been entered into for a certain period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a certain duration.
5. By way of derogation from the previous paragraph, an agreement concluded for a certain period of time and intended to deliver daily newspapers, weeklies and magazines on a regular basis may be tacitly extended for a certain duration of up to three months, provided that the consumer can terminate this extended agreement before 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 certain period and which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer may terminate the agreement at any time with a notice period of no more than one month. The notice period is no longer than three months in the case of the regular delivery of daily, news and weekly newspapers and magazines, but less than once per month.
7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and automatically ends after the end of the trial or introductory period.

Cost:

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 preclude termination before the end of the agreed duration.

Article 15 – Payment

1. Unless otherwise specified in the agreement or additional terms, the amounts due by the consumer must be paid within 14 days of the start of the cooling-off period, or within 14 days after the conclusion of the agreement if there is no cooling-off period. In the case of an agreement to provide a service, this period begins on the day after the consumer receives the confirmation of the agreement.
2. When selling products to consumers, the consumer may never be required in general terms and conditions to pay in advance more than 50%. Where advance payment is stipulated, the consumer has no right whatsoever to enforce any claim regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the duty to report inaccuracies in the payment data provided or stated to the entrepreneur without delay.
4. If the consumer does not comply with his payment obligation(s) in a timely manner, after the entrepreneur has pointed out the late payment to the consumer and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, the entrepreneur is liable to pay the statutory interest on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% for outstanding amounts up to €2,500; 10% for the subsequent €2,500; and 5% for the next €5,000; with a minimum of €40. The entrepreneur may deviate from these amounts and percentages for the benefit of the consumer.

Article 16 – Complaints procedure

1. The entrepreneur has a sufficiently well-known complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints regarding the performance of the agreement must be submitted in full and clearly described to the entrepreneur within a reasonable time after the consumer has identified the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time than can be reasonably expected, the entrepreneur will reply within 14 days with a message of receipt and an indication of when the consumer can expect a more comprehensive response.
4. A complaint about a product, service or the entrepreneur’s services can also be submitted via a complaint form on the consumer page of the Thuiswinkel.org website. www.thuiswinkel.org. The complaint is then sent to both the relevant entrepreneur and Thuiswinkel.org.
5. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

1. Contracts between the trader and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law.
2. Disputes between the consumer and the entrepreneur regarding the conclusion or execution of agreements relating to products and services to be supplied or delivered by this entrepreneur may, subject to the following provisions, be brought before the Thuiswinkel Disputes Committee, Postbus 90600, 2509 LP in The Hague (www.sgc.nl).
3. A dispute will only be considered by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable time.
4. If the complaint does not lead to a solution, the dispute must be submitted in writing or in another form to be determined by the Commission within 12 months of the date on which the consumer submitted the complaint to the entrepreneur.
5. When the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer first informs the entrepreneur of this.
6. If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must, within five weeks of a written request made by the entrepreneur to that effect, state in writing whether they wish to do so or whether they wish the dispute to be dealt with by the competent court. If the entrepreneur does not accept the consumer’s choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court. 
7. The Disputes Committee makes its decision under the conditions set out in the Rules of Procedure of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made by means of binding advice.
8. The Disputes Committee will not deal with a dispute or suspend its proceedings if the entrepreneur has been granted a payment moratorium, has entered bankruptcy, or has effectively terminated its business activities before a dispute has been dealt with by the committee at a hearing and a final judgment has been issued.
9. If in addition to the Thuiswinkel Disputes Committee, another recognized or affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Complaints Institute for Financial Services (Kifid) disputes committee is competent, the Thuiswinkel Disputes Committee shall be preferred for disputes concerning primarily the method of distance sales or service provision. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid shall be preferred.

Article 18 – Sector guarantee

1. Thuiswinkel.org guarantees the compliance with the binding advice of the Thuiswinkel Complaints Committee by its members, unless the member decides to submit the binding advice to the court for review within two months of its dispatch. This guarantee is reinstated if the binding advice remains in force after review by the court and the judgment resulting from it has become final. To a maximum amount of €10,000 per binding advice, this amount will be paid by Thuiswinkel.org to the consumer. For amounts exceeding €10,000 per binding advice, €10,000 will be paid. For the additional amount, Thuiswinkel.org has an obligation to ensure that the member complies with the binding advice.
2. For the application of this guarantee, the consumer must submit a written request to Thuiswinkel.org and transfer his claim against the entrepreneur to Thuiswinkel.org. If the claim against the entrepreneur exceeds €10,000, the consumer will be offered to transfer his claim, insofar as it exceeds the amount of €10,000, to Thuiswinkel.org, after which this organization will, in its own name and at its own expense, request payment thereof in court in order to satisfy the consumer.

Article 19 – Additional or different provisions

Additional provisions that deviate from these general terms and conditions must 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 of the Thuiswinkel

1. Thuiswinkel.org will not change these general terms and conditions unless in consultation with the Consumers' Association.
2. Changes to these terms and conditions shall only take effect after they have been published in the appropriate manner, provided that, in the event of applicable changes during the term of an offer, the provision most favorable to the consumer shall prevail.