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Allgemeine Geschäftsbedingungen (AGB)

Stichting Webshop Keurmerk - General Terms and Conditions

 These General Terms and Conditions of Stichting Webshop Keurmerk were drafted in consultation with the Consumentenbond [Consumer’s Association] in the context of the Self-regulation Coordination Group [Coördinatiegroep Zelfreguleringsoverleg CZ] of the Socioeconomic Council [Sociaal-ecomische Raad] and come into force on 1 June 2014





Article 1  - Definitions                                               

Article 2  - The Entrepreneur’s identity                        

Article 3  - Applicability                                             

Article 4  - The offer                                        

Article 5  - The agreement                                        

Article 6  - Right of withdrawal                                   

Article 7  - Consumer’s obligations during the reflection period                    

Article 8  - Exercising the Consumer’s right of withdrawal and the costs       

Article 9  - Entrepreneur’s obligation in case of withdrawal

Article 10 - Exclusion of the right of withdrawal  

Article 11 - The price                             

Article 12 - Compliance and extra guaranty                           

Article 13 - Delivery and execution                              

Article 14 - Continuing performance contract: duration, termination and extension

Article 15 - Payment                                                 

Article 16 - Complaints procedure                     

Article 17 - Disputes                                                 

Article 18 - Additional or varying provisions       

Article 19 - Amendment to the General Terms and Conditions of Webshop Keurmerk 

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

1.        Additional agreement: an agreement in which the Consumer acquires         products, digital content and/or services with respect to a distance agreement         and these goods, digital content and/or services are delivered by the         Entrepreneur or a third party on the basis of an arrangement between this         third party and the Entrepreneur;

2.        Reflection period: the period during which the Consumer may use his         right of withdrawal;

3.     Consumer: the natural person who does not act for purposes related to         his/her commercial, trade, craft or professional activities;

4.        Day: calendar day;

5.        Digital content: data produced and delivered in digital form;

6.        Continuing performance contract: a contract serving to deliver goods,         services and/or digital content in a given period;

7.        Sustainable data carrier: any means, including email, that allow the         Consumer or the Entrepreneur to store information directed to him/her         personally in such a manner that makes future consultation and use possible         during a period that matches the purpose for which the information is         destined and which makes unaltered reproduction of the stored information         possible.

8.        Right of withdrawal: the Consumer’s option not to proceed with the         distance agreement within the cooling-off period;

9.        Entrepreneur: the natural of legal person who is a member of Stichting         Webshop Keurmerk and who provides products, (access to) digital content         and or services to Consumers at a distance;

10.     Distance contract: a contract concluded by the Entrepreneur and the         Consumer within the scope of an organised system for distance selling         products, digital content and/or services, whereby exclusive or additional         use is made of one or more technologies of distance communication up to the         conclusion of the contract;

11.      Standard form for withdrawal: the European standard form for         withdrawal included in Appendix 1;

12.     Technology for distance communication: a means to be used for         concluding an agreement without the Consumer and the Entrepreneur being         together in the same place at the same time.      


Article 2 – The Entrepreneur’s identity

Name of Entrepreneur; CoolSafety


Business address; Hamersveldseweg 65, 3833 GL Leusden


Telephone number and the times at which the Entrepreneur can be reached by telephone: 033- 4634664 (08:30 – 17:00)


Email address :


Chamber of Commerce number; 73390178


VAT identification number; NL8595.06.290.B01



Article 3 – Applicability

1.     These General Terms and Conditions apply to any offer from the Entrepreneur         and to any distance contract concluded by the Entrepreneur and the         Consumer.

2.     Before concluding a distance contract, the Entrepreneur shall make the text of     these General Terms and Conditions available free of charge and as soon as         possible. If this is reasonably impossible, the Entrepreneur shall indicate in         what way the General Terms and conditions can be inspected and that they         will be sent free of charge if so requested, before the distant contract is         concluded.  

3.     If the distance contract is concluded electronically, the text of these General         Terms and Conditions, in deviation from the previous section and before the         distance contract is concluded, may also be supplied to the Consumer         electronically in such a way that the Consumer can easily store it on a long-        term data carrier. If this is reasonably impossible, it will be specified where         the General Terms and Conditions can be viewed electronically and that they         will be sent to at the   Consumer´s request free of charge, either via         electronic means or otherwise, before concluding the distance contract;

4.     In the event that specific product or service condition apply in addition to         these General Terms and Conditions, the second and third paragraphs shall         apply accordingly, and in the event of contradictory terms and conditions, the         Consumer may always appeal to the applicable provision that is most         favourable to him/her.


Article 4 – The offer

1.     If an offer is of limited duration or if certain conditions apply, it shall be         explicitly stated in the offer.

2.     The offer contains a full and accurate description of the products, digital         content and/or services offered. The description is suitably detailed to enable         the Consumer to assess the products, or services and/or digital content         adequately. If the Entrepreneur makes use of pictures, they are truthful         images of the products and/or services provided. Obvious errors or mistakes         in the offer do not bind the Entrepreneur.

3.     All offers contain such information that it is clear to the Consumer what rights         and obligations are attached to accepting the offer.


Article 5 – The contract

1.     Subject to the provisions in paragraph 4, the contract becomes valid when the   Consumer has accepted the offer and fulfilled the terms and conditions set.

2.     If the Consumer accepted the offer via electronic means, the Entrepreneur         shall promptly confirm receipt of having accepted the offer via electronic         means. As long as the receipt of said acceptance has not been confirmed, the         Consumer may repudiate the contract.

3.     If the contract is concluded electronically, the Entrepreneur will take         appropriate technical and organisational security measures for the electronic         data transfer and ensure a safe web environment. If the Consumer can pay         electronically, the Entrepreneur shall observe appropriate security measures.

4.     The Entrepreneur may, within the limits of the law, gather information about         Consumer’s ability to fulfil his payment obligations, and all facts and factors         relevant to responsibly concluding the distance contract. If, acting on the         results of this investigation, the Entrepreneur has sound reasons for not         concluding the contract, he is lawfully entitled to refuse an order or request         supported by reasons, or to attach special terms to the implementation.

5.     Before delivering the product, the Entrepreneur shall send the following         information along with the product, the service or the digital content in writing         or in such manner that the Consumer can store it in an accessible manner on         a long-term data carrier:     
        a. the visiting address of the Entrepreneur´s business establishment where         the Consumer may get into contact with any complaints;
        b. the conditions on which and the manner in which the Consumer may         exercise the right of withdrawal, or, as the case may be, clear information         about his being exempted from the right of withdrawal; 
        c. the information corresponding to existing after-sales services and         guarantees;
        d. The price including all taxes of the product, service or digital content,         where applicable the delivery costs and the way of payment, delivery or         implementation of the distance contract;

        e. the requirements for cancelling the contract if the contract has a duration         of more than one year or for an indefinite period of time.

        f. the standard form for withdrawal if the Consumer has the right of         withdrawal.

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


Article 6 – Right of withdrawal

In case of products:

1.        The Consumer can repudiate a purchase contract for a product without giving         reasons for a period of reflection of at least 14 days. The Entrepreneur may         ask the Consumer about the reason for the withdrawal but cannot force         him to state his reason(s).

2.        The reflection period referred to in sub-clause 1 starts on the day the product         is received by the Consumer or by a third party appointed by him in advance         and who is not the carrier, or

a.        if the Consumer ordered several products in the same order: the day on                 which the Consumer or a third party appointed by him received the             last product. The Entrepreneur may refuse an order of several products                with different delivery dates provided that he clearly informs the                          Consumer prior to the order process.

b.        in case the delivery of a product consists of several batches or parts:                 the day on which the Consumer or a third party appointed by him                received the last batch or the last part.

c.         in case of an agreement about regular delivery of products during a             given period: the day on which the Consumer or a third party appointed              by him received the first product.


In case of services and digital content that is not delivered on a physical carrier:

3.        The Consumer can terminate an agreement for services or an agreement         for delivery of digital content that is not delivered on a physical carrier         without giving reasons during at least 14 days. The Entrepreneur may ask         the Consumer about the reason for the withdrawal but cannot force him to         state his reason(s).

4.        The reflection period referred to in Article 3 starts on the day following the        conclusion of the agreement.


Extended reflection period for products, services and digital content that has not been delivered on a physical carrier in case no information is given 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 has not provided the standard         form for withdrawal, the reflection period expires twelve months after the         end of the original reflection period in accordance with the reflection period         determined in the previous sub-clauses of this Article.

6.        If the Entrepreneur provided the Consumer with the information referred         to in the previous article within twelve months after the starting day of the         original period of reflection, the period of reflection expires 14 day after the         day on which the Consumer received the information.


Article 7 – Consumer’s obligations during the time of reflection

1.        During this period, the Consumer shall handle the product and the packaging         with care. The Consumer shall only unpack or use the product to the extent         necessary for establishing the nature, the characteristics and the effect of the         product. The guiding principle is that the Consumer may only handle and         inspect the product in the manner in which one is allowed to handle a product         in a shop.

2.        The Consumer is only liable for the decrease in value of the product that is         caused by the way of handling the product which went further than         allowed in sub-section 1.

3.        The Consumer is not liable for the decrease in value of the product if the         Entrepreneur has not provided him with all legal information about the right of     withdrawal before concluding the Agreement.


Article 8 – Exercising the Consumer’s right of withdrawal and the costs

1.        If the Consumer exercises his right of withdrawal he shall notify the         Entrepreneur unambiguously with the standard form for withdrawal within the         period of reflection.

2.        The Consumer shall return the product or deliver it to (the authorized         representative of) the Entrepreneur as soon as possible but within 14 days         counting from the day following the notification referred to in sub-clause 1.         This need not be done if the entrepreneur offered to collect the product         himself. The Consumer observed the period of returning the product in any         event if the product is returned before the expiration of the period of         reflection.

3.        The Consumer shall return the product with all delivered accessories and if         reasonably possible in the original state and packing and in conformity with         reasonable and clear instructions given by the Entrepreneur.

4.        The risk and the burden of proof for the correct and timely exercise of the         right of withdrawal fall on the Consumer.

5.        The Consumer shall bear the direct costs of returning the product. If the         Entrepreneur has not reported that the Consumer has to bear these costs or if      the Entrepreneur pointed out that he will bear the costs himself, the         Consumer need not pay the cost of returning the product.

6.        If the Consumer withdraws after having first explicitly requested that the         performance of a service or the supply of gas, water or electricity having not         been made ready for sale not be started in a limited volume or given quantity         during the period of reflection, the Consumer shall pay the Entrepreneur an         amount that is equal to the part of the obligation already performed at the         time of withdrawal as compared with the full compliance of the obligation.

7.        The Consumer does not bear the costs for performing services for the supply         of water, gas or electricity that had 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 statutorily                 required information about the right of withdrawal, the compensation of                 costs in case of withdrawal or the standard form for withdrawal, or

b.        if the Consumer has not explicitly requested that the performance of                 the service or the supply of gas, water and electricity or district heating                 be started during the period of reflection.

8.             The Consumer does not bear any cost for the full or partial delivery of                 digital content not stored on a physical carrier if

a.        prior to the delivery, he has not explicitly consented to start                        performance of the agreement before the end of the period of reflection;

b.        he did not acknowledge to lose his right of withdrawal when giving              consent; or

c.         the Entrepreneur failed to confirm the Consumer’s statement.

9.        If the Consumer exercises his right of withdrawal, all additional agreements         end by operation of law.


Article 9 – Entrepreneur’s obligations in case of withdrawal

1.        If the Entrepreneur makes the notification of withdrawal by electronic means         possible, he shall promptly send a return receipt.

2.        The Entrepreneur shall reimburse all payments made by the Consumer,         including any delivery costs that the Consumer may charge for the returned         product, as soon as possible but within 14 days following the day on which         the Consumer notified him of the withdrawal. Unless the Entrepreneur offers         to collect the product himself, he can wait with paying back until having        received the product or until the Consumer proved that he returned the         product, whichever occurs first.

3.        The Entrepreneur shall make use of the same means of payment that the         Consumer used, unless the Consumer consents to another method. The         reimbursement is free of charge for the Consumer.

4.        If the Consumer opted for a more expensive method of delivery instead of the   cheapest standard delivery, the Entrepreneur need not reimburse the         additional costs for the more expensive method.  


Article 10 - Exclusion of the right of withdrawal

The Entrepreneur can exclude the following products and services from the right of withdrawal but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement:

1.        Products or services with a price that is subject to fluctuations in the         financial market on which the Entrepreneur has no influence and which may         occur within the period of withdrawal;

2.        Agreements that are concluded during a public auction. A public auction is         defined as a selling method whereby the Entrepreneur offers products, digital         content and/or services to the Consumer who is personally present or has the         possibility to be personally present at the auction under the direction of an         auctioneer and whereby the successful bidder is obliged to purchase the         products, the digital content and/or the services.

3.        Services agreements, after full performance of the service, but only if

        a.     the performance started with the Consumer’s explicit prior consent; and

        b.     the Consumer stated that he will lose his right of withdrawal as soon as                 the Entrepreneur has fully performed the agreement.

4.        Services agreements for making accommodation available when a certain         period of implementation is provided and other than for residential         purposes, goods transports, car rental services and catering;

5.        Agreements related to leisure activities when a certain date or period of         performance is arranged in the agreement;

6.        Products manufactured in accordance with the Consumer’s specifications         which are not prefabricated and which are produced on the basis of a         Consumer’s individual choice or decision or which are intended for a specific         person;