Terms & Conditions

 General Conditions of Stichting Webshop Keurmerk


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. These terms are stricly for purchases in one of our web stores.

 
INHOUD

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 withdrawa

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 - Sector guarantee

ARTICLE 19 - Additional or varying provisions

ARTICLE 20 - 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. 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 1.3
  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: WHISH
Street: Weverstraat 38a
ZIP/Place: 6811 EM  Arnhem
Country: Netherlands
 
Trade names: active under following names: WHISH, By-BOB, Cardprotector, Liska-horlogeshop and Slim-wallet.com
 
Telephone: +31 (0) 637168169
Email: whish@aol.nl
 
Opening times: Mo t/m Sa 10.00 – 18.00 hrs (European time)
Number Chamber of commerce: 51384671
VAT identification number: NL 823254458b01

 

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 longterm
    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 for
    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:
  • the visiting address of the Entrepreneur´s business establishment where
    the Consumer may get into contact with any complaints;
  • 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;
  • the information corresponding to existing after-sales services and
    guarantees;
  • 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;
  • the requirements for cancelling the contract if the contract has a duration
    of more than one year or for an indefinite period of time.
  • the standard form for withdrawal if the Consumer has the right of withdrawal.
  1. In geval van een duurtransactie is de bepaling in het vorige lid slechts van toepassing op de eerste levering. 


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 30 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
  • 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.
  • 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.
  • 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:

    1. 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).
    2. 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:
    3. 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.
    4. 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:
      • 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
      • 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.
      1. The Consumer does not bear any cost for the full or partial delivery of
        digital content not stored on a physical carrier if:
      • prior to the delivery, he has not explicitly consented to start
        performance of the agreement before the end of the period of reflection;
      • he did not acknowledge to lose his right of withdrawal when giving
        consent; or
      • the Entrepreneur failed to confirm the Consumer’s statement.
      1.  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:
      • the performance started with the Consumer’s explicit prior consent; and
      • the Consumer stated that he will lose his right of withdrawal as soon as
        the Entrepreneur has fully performed the agreement.
      1. 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;
      2. Agreements related to leisure activities when a certain date or period of
        performance is arranged in the agreement;
      3. 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;
      4. Perishable products or products with a limited durability.
      5. Sealed products which are for health or hygiene reasons not suitable for being
        returned and of which the seal was broken;
      6. Products which for their nature are irreversibly mixed with other products;
      7. Alcoholic drinks of which the price has been agreed upon at the conclusion of
        the agreement but of which the delivery can take place only after 30 days,
        and whose real value depends on fluctuations in the market which the
        Entrepreneur cannot affect.
      8. Sealed audio and video recordings and computer programs of which the seals
        were broken after delivery;
      9. Newspapers, periodicals or magazines, with the exception of subscriptions to
        them;
      10. The delivery of digital content other than on a physical carrier, but only if:
      • the performance was started with the Consumer’s explicit prior
        consent; and
      • the Consumer stated that he will lose his right of withdrawal by doing
        so.
       

      ARTICLE 11 - The price

       

      1. The prices of the products and/or services provided shall not be raised during
        the validity period given in the offer, subject to changes in price due to
        changes in VAT rates.
      2. Contrary to the previous paragraph, the Entrepreneur may offer products or
        services whose prices are subject to fluctuations in the financial market that
        are beyond the Entrepreneur’s control, at variable prices. The offer will state
        the possibility of being subject to fluctuations and the fact that any indicated
        prices are target prices.
      3. Price increases within 3 months after concluding the contract are permitted
        only if they are the result of new legislation.
      4. Price increases from 3 months after concluding the contract are permitted
        only if the Entrepreneur has stipulated it and:

      ​    a.they are the result of legal regulations or stipulations, or
          b.the Consumer has the authority to cancel the contract before the day on
             which the price increase starts.

      1. All prices indicated in the provision of products or services are including VAT.

       

      ARTICLE 12 - Performance of an agreement and extra Guarantee


      1. The Entrepreneur guarantees that the products and/or services comply with
        the contract, with the specifications listed in the offer, with reasonable
        requirements of usability and/or reliability and with the existing statutory
        provisions and/or government regulations on the day the contract was
        concluded. If agreed, the Entrepreneur also guarantees that the product is
        suitable for other than normal use.
      2. An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or
        Importer shall never affect the rights and claims the Consumer may exercise
        against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s
        obligations if the Entrepreneur has failed in the fulfilment of his part of the
        agreement.
      3. ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his
        Supplier, Importer or Manufacturer in whom he assigns certain rights or
        claims to the Consumer that go further than he is legally required in case he
        fails in the compliance with his part of the agreement.

       

      ARTICLE 13 - Delivery and execution


      1. The Entrepreneur shall exercise the best possible care when booking orders
        and executing product orders and when assessing requests for the
        provision of services.
      2. The place of delivery is at the address given by the Consumer to the
        Entrepreneur.
      3. With due observance of the stipulations in Article 4 of these General Terms
        and Conditions, the Entrepreneur shall execute accepted orders with
        convenient speed but at least within 30 days, unless another delivery period
        was agreed on. If the delivery has been delayed, or if an order cannot be
        filled or can be filled only partially, the Consumer shall be informed about this
        within one month after ordering. In such cases, the Consumer is entitled to
        repudiate the contract free of charge and with the right to possible
        compensation.
      4. After repudiation in conformity with the preceding paragraph, the
        Entrepreneur shall return the payment made by the Consumer promptly but
        at least within 30 days after repudiation.
      5. The risk of loss and/or damage to products will be borne by the Entrepreneur
        until the time of delivery to the Consumer or a representative appointed in
        advance and made known to the Consumer, unless explicitly agreed
        otherwise.


      ARTICLE 14 – Continuing performance agreements: duration, termination
      and renewal


      Termination

      1. The Consumer may at all times terminate a contract that was concluded for
        an indefinite time and which extends to the regular delivery of products
        (including electricity) or services, with due observance of the termination
        rules and subject to not more than one month’s notice.
      2. The Consumer may at all times terminate a contract that was concluded for a
        specific time and which extends to the regular delivery of products (including
        electricity) or services at the end of the specific period, with due observance
        of the termination rules and a subject to not more than one month’s notice.
      3. The Consumer can cancel the agreements mentioned in the preceding
        paragraphs:
      • at any time and not be limited to termination at a particular time or in a
        given period;
      • at least in the same way as they were concluded by him;
      • at all times with the same notice as the Entrepreneur stipulated for
        himself.

      Extension 

      1. An agreement concluded for a definite period which extends to the regular
        delivery of products (including electricity) or services may not be
        automatically extended or renewed for a fixed period.
      2. Notwithstanding the preceding paragraph, a contract for a definite period
        which extends to the regular delivery of dailies, newspapers, weekly
        newspapers and magazines, may tacitly be renewed for specific period of
        three months at the most if the Consumer can terminate this extended
        agreement towards the end of the extension with a notice of one month at the
        most.
      3. An agreement concluded for a definite period and which extends to the
        regular delivery of products or services may only be extended tacitly for an
        indefinite period if the Consumer can cancel it at any time with a notice of one
        month. The notice is three months at the most in vase the contract is about
        a delivery of dailies, newspapers and weeklies and magazines occurring
        regularly but less than once a month.
      4. An agreement with limited duration of regular delivery of trial dailies,
        newspapers, weeklies and magazines (trial or introductory subscription) is not
        renewed tacitly and ends automatically after the trial or introductory period.
         

      Duration 

      1. If the duration of a contract is more than one year, the Consumer may
        terminate the contract at any time after one year with a notice of not more
        than one month, unless reasonableness and fairness resist the termination
        before the end of the agreed term.


      ARTICLE 15 – Payment


      1. Unless otherwise stipulated in the agreement or in the additional conditions,
        the amounts to be paid by the Consumer must be settled within 14 days after
        the period of reflection, or if there is no period of reflection within 14 days
        after concluding the agreement. In case of an agreement to provide a service,
        this period starts on the day that the Consumer received the confirmation of
        the agreement.
      2. When selling products to Consumers, it is not permitted to negotiate an
        advance payment of more than 50% in the General Terms and Conditions.
        If an advance payment was agreed, the Consumer may not assert any right
        regarding the execution of the order in question or the service(s) in
        question before making the agreed advance payment.
      3. The Consumer has the duty to inform the Entrepreneur promptly of possible
        inaccuracies in the payment details that were given or specified.
      4. In case the Consumer has not complied with his payment obligation(s) in
        time, and the Entrepreneur has pointed out to him that the payment was late
        and allowed the Consumer a period of 14 days to comply with the payment
        obligations, the Consumer is to pay the statutory interest on the amount
        payable and the Entrepreneur is entitled to charge the Consumer with any
        extrajudicial collection costs. These extrajudicial collection costs amount to no
        more than 15% for outstanding amounts up to € 2,500, 10% for the following
        € 2,500 and 5% for the following € 5000, with a minimum of € 40. The
        Entrepreneur may deviate from the aforementioned amounts and percentages
        in favour of the Consumer.


      ARTICLE 16 – Complaints procedure


      1. The Entrepreneur shall have a sufficiently notified complaints procedure in
        place, and shall handle the complaint in accordance with this complaint
        procedure.
      2. Complaints about the performance of the contract shall be submitted fully and
        clearly described to the Entrepreneur within a reasonable time after the
        Consumer discovered the defects
      3. The complaints submitted to the Entrepreneur shall be replied within a period
        of 14 days after the date of receipt. Should a complaint require a foreseeable
        longer time for handling, the Entrepreneur shall respond within 14 days with a
        notice of receipt and an indication when the Consumer can expect a more
        detailed reply.
      4. A complaint about the Entrepreneur’s product, service or after-sales service
        can also be submitted to Stichting Webshop Keurmerk with a complaints form
        given in the Consumer Page of the website www.Stichting Webshop
        Keurmerk. org. The complaint will then be sent to the Entrepreneur in
        question and to Stichting Webshop Keurmerk.
      5. If the complaint cannot be solved in joint consultation within a reasonable
        time or within 3 months after submitting the complaint, there will be a dispute
        that is open to the dispute settlement rules.

       

      ARTICLE 17 - Disputes


      1. Contracts between the Entrepreneur and the Consumer to which these
        General Terms and Conditions apply, are exclusively governed by Dutch law.
      2. With due observance of the provisions set out below, the disputes between
        the Consumer and the Entrepreneur about the formation or the performance
        of contracts related to products or services that the Entrepreneur must deliver
        or has already delivered can be submitted by both the Consumer and the
        Entrepreneur to Geschillencommissie Webshop, Postbus 90600, 2509 LP,
        The Hague (Den Haag) (www.sgc.nl).
      3. A dispute is handled by the Disputes Committee [Geschillencommissie] only if
        the Consumer submitted his/her complaint to the Entrepreneur within a
        reasonable period.
      4. The dispute must have been submitted in writing to the Geschillencommissie
        Webshop within three months after arising of the dispute.
      5. If the Consumer wishes to submit a dispute to the Geschillencommissie, the
        Entrepreneur is bound by this choice. When the Entrepreneur wishes to file
        the dispute to the Geschillencommissie, the Consumer must speak out in
        writing within five weeks after a written request made by the Entrepreneur
        whether he so desires or wants the dispute to be dealt with by the competent
        court. If the Entrepreneur has not heard of the Consumer’s option within the
        period of five weeks, the Entrepreneur is entitled to submit the dispute to the
        competent court.
      6. The Geschillencommissie’s decision will be made under the conditions as set
        out in the rules of the Arbitration Commission
        (www.degeschillencommissie.nl/over-onss/decommissies/2701/webshop).
        A decision made by the Geschillencommissie is a binding advice.
      7. The Disputes Committee will not handle a dispute or will discontinue handling
        it if the Entrepreneur is granted a moratorium, goes bankrupt or actually
        ended his business activities before the Commission has handled a dispute at
        the hearing and delivered a final award.
      8. If in addition to the Geschillencommissie Webshop another disputes
        committee recognised by or affiliated with the Stichting Geschillencommissies
        voor Consumentenzaken (SGC) [Foundation for Consumer Complaints
        Committees] or the Klachteninstituut Financiële Dienstverlening (Kifid)
        [Financial Services Complaints Board] is competent, the disputes that are
        mainly related to sales methods or distance services, the
        Geschillencommissie Webshop Keurmerk is preferably competent, and for all
        other disputes, the disputes committee recognised by and affiliated with the
        SGC or Kifid is competent.


      ARTICLE 18 Guarantee by this branch of industry


      1. Webshop Keurmerk guarantees that its members follow the binding advice of
        the Disputes Committee Webshop unless the member decides to send the
        binding opinion for review to the Court within two months. This guarantee
        revives if after review by the Court the binding opinion has been
        confirmed and the judgement has become final. Webshop Keurmerk will pay
        this amount to the Consumer up to €10,000 per binding opinion. € 10,000
        will be paid if the amount exceeds €10,000 per binding advice. As to the
        remaining amount, Webshop Keurmerk has an obligation to try to ensure
        that members comply with the binding advice.
      2. For the application of this guarantee, it is required that the Consumer submit
        a written appeal to Webshop Keurmerk and that he assign the claim against
        the Entrepreneur to the Stichting Webshop Keurmerk. If the claim against
        the Entrepreneur exceeds €10,000, the Consumer will be offered to assign the
        claim on for the excess amount to Stichting Webshop Keurmerk, after which
        this organisation, in its own name and at its own expense, shall try to get
        payment and fulfilment of these rights to compensate the Consumer.


      ARTICLE 19 - Additional provisions or derogations


      1. Additional provisions of and/or derogations from these General Terms and
        Conditions should not be to the Consumer’s detriment and must be put in writing or
        recorded in such a way that the Consumer can store them in an accessible manner
        on a long-term data carrier.


      ARTICLE 20 - Amendments to the General Terms and Conditions of
      Stichting Webshop Keurmerk


      1. These General Terms and Conditions will not be changed other than in
        consultation with the Consumentenbond (Consumers’ Association).
      2. Amendments to these Terms and Conditions are valid only after being
        published in the appropriate way, provided that in case of appropriate
        amendments, the provision that is most favourable for the Consumer shall
        prevail during the validity of an offer.