General terms and conditions

General terms and conditions Inpro B.V.

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 case of withdrawal
• Article 10 – Exclusion of right of withdrawal
• Article 11 – The price
• Article 12 – Performance and additional guarantee
• Article 13 – Delivery and execution
• Article 14 – Transactions: duration, termination and renewal
• Article 15 – Payment
• Article 16 – Complaints procedure
• Article 17 – Disputes
• Article 18 – Industry guarantee
• Article 19 – Additional or different provisions
• Article 20 – Amendments to the Thuiswinkel General Terms and Conditions

 

Article 1 – Definitions

1. Supplementary agreement: an agreement in which the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
2. Cooling-off period: the period within which consumers can exercise their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his or her trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuing performance agreement: an agreement that extends to the regular supply of goods, services and/or digital content for a specified period of time;
7. Durable medium: any device – including email – which enables the consumer or entrepreneur to store information addressed personally to him or her in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
8. Right of withdrawal: the option for consumers to waive the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person offering products, (access to) digital content and/or remote services to consumers;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised distance sales system of products, digital content and/or services, which, up to and including the conclusion of the agreement, makes exclusive or joint use of one or more means of distance communication;
11. Model withdrawal form: the European model withdrawal form set out in Annex I to these terms and conditions. Annex I does not need to be made available if the consumer does not have a right of withdrawal in respect of his order;
12. Technique for distance communication: a means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

Article 2 – Identity of the entrepreneur

Inpro B.V.
Shirtmeister®
Churchilllaan 204B, 5705BK Helmond

Telephone number: +31 (0) 492 50 98 26
Email address: info@shirtmeister.com
Opening hours: Monday to Friday from 8.30 a.m. to 4.30 p.m. (holidays excluded)
Chamber of Commerce number: 77374525
VAT identification number: NL860987760B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur 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 will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur’s premises and that, at the consumer’s request, they will be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, 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, the entrepreneur will indicate prior to the conclusion of the distance contract where the general terms and conditions can be inspected electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favourable to him or her.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer of the entrepreneur. If the entrepreneur uses images, they shall be a true representation of the products, services and/or digital content on offer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall confirm receipt of acceptance of the offer electronically without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure online environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to this end.
4. The entrepreneur may – within legal frameworks – perform a perform a check whether the consumer can meet the payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, the entrepreneur is entitled to refuse an order or request or to attach special conditions to the execution, while giving reasons.
5. The entrepreneur will send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier, at the latest on delivery of the product, service or digital content:
   1. the visiting address of the entrepreneur’s establishment to which the consumer can address complaints;
   2. the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
   3. the information regarding warranties and existing after-sales service;
   4. the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
   5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
   6. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

1. Consumers can withdraw from an agreement relating to the purchase of a product during a cooling-off period of at least 30 days without justifying their reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to share the reason(s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer and who is not the carrier, has received the product, or:
   1. if the consumer ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided the entrepreneur has clearly informed the consumer of this prior to the ordering process, refuse an order of several products with different delivery times.
   2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him or her, received the last shipment or part;
   3. with agreements for regular delivery of products during a specified period: the day on which the consumer, or a third party designated by the consumer, received the first product.
3. A consumer may cancel a service agreement and an agreement for the supply of digital content not supplied on a tangible medium for at least 30 days without justification. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to share the reason(s).
4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
5. If the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period expires 12 months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within 12 months of the starting date of the original cooling-off period, the cooling-off period expires 30 days after the day on which the consumer receives that information.

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

1. During the cooling-off period, the consumer will handle the product and its packaging with care. He or she shall only unpack or use the product to the extent necessary in order to establish its nature, characteristics and functioning. The premise here is that the consumer may only handle and inspect the product as he or she would also be allowed to do in a retail shop.
2. The consumer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1.
3. The consumer is not liable for depreciation of the product if the entrepreneur did not provide him or her with all legally required information on the right of withdrawal before or at the conclusion of the agreement.

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

1. If the consumer exercises his or her right of withdrawal, he or she shall notify the entrepreneur within the withdrawal period using the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or physically hand it to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product. The consumer is deemed to have complied with the return period in any case if he or she returns the product before the cooling-off period has expired.
3. The consumer shall return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the operator.
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 cost of returning the product. If the entrepreneur has not notified the consumer that he/she has to bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer has no obligation to pay for returning the purchase.
6. If the consumer withdraws after having first 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 certain quantity commences during the withdrawal period, the consumer shall owe the entrepreneur an amount proportionate to that part of the commitment fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfilment of the commitment.
7. The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or to supply district heating, if:
   1. the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form, or;
   2. the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
8. The consumer bears no cost for the full or partial delivery of digital content not delivered on a tangible medium if:
   1. he or she has not expressly agreed, prior to its delivery, to begin performance of the agreement before the end of the cooling-off period;
   2. he or she has not acknowledged losing his right of withdrawal when giving consent; or
   3. the entrepreneur has failed to confirm this statement by the consumer.
9. If the consumer exercises his or her right of withdrawal, all additional agreements will be terminated by operation of law.

Article 9 – Obligations of the entrepreneur in case of withdrawal

1. If the entrepreneur enables the consumer’s notification of withdrawal by electronic means, he shall send a confirmation of receipt without delay after receiving this notification.
2. The entrepreneur shall reimburse all payments made by 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, he or she may wait with the refund until the product has been received or until the consumer proves that he or she has returned the product, whichever is earlier.
3. The entrepreneur will use the same means of payment used by the consumer for reimbursement, unless the consumer agrees to another method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur has no obligation to refund the additional costs for the more expensive method.

Article 10 – Exclusion of right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this when making the offer, or at least in good time before concluding 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 at a public auction. A public auction means a method of sale where products, digital content and/or services are offered by the entrepreneur to consumers who attend or are given the opportunity to attend the auction in person, under the guidance of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
   1. the performance has commenced with the consumer’s express prior consent; and
   2. the consumer has declared that he or she loses the right of withdrawal once the entrepreneur has fully performed the agreement;
4. Package holidays as referred to in Article 7:500 of the Civil Code and passenger transport contracts;
5. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, carriage of goods, car rental services and catering;
6. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance thereof;
7. Products manufactured to consumers’ specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or 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 which, after delivery, are by their nature irrevocably mixed with other products;
11. Alcoholic beverages whose price was agreed at the time of concluding 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 and video recordings and computer software, the seal of which has been broken after delivery;
13. Newspapers, magazines or journals, excluding subscriptions to them;
14. The supply of digital content other than on a tangible medium, but only if:
    1. the performance has commenced with the consumer’s express prior consent; and
    2. the consumer has declared that he or she thereby loses his right of withdrawal.

Article 11 – The price

1. During the validity period mentioned 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. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This is subject to fluctuations and the fact that any prices quoted are target prices are stated with the offer.
3. Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
   1. they result from statutory regulations or provisions; or
   2. the consumer has the power to terminate the agreement from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

Article 12 – Compliance with the agreement and additional guarantee

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. The product is suitable for other than normal use.
   An additional warranty provided by the entrepreneur, his supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfil his part of the agreement.
3. Additional warranty means any undertaking by the entrepreneur, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what the consumer is legally obliged to do in case he or she has failed to fulfil his or her part of the agreement.

Article 13 – Delivery and execution

1. The entrepreneur shall take the greatest possible care when receiving and processing orders for products and when assessing requests for the provision of services.
2. Instead of delivery, the address that the consumer has made known to the entrepreneur applies.
3. Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur shall process accepted orders with appropriate haste but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be notified no later than 30 days after the order was placed. In this case, the consumer has the right to dissolve the agreement without costs and the right to possible damage claims.
4. After dissolution in accordance with the previous paragraph, the operator will refund the amount paid by the consumer without delay.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 14 – Transactions: duration, termination and renewal

Termination:

1. The consumer may terminate an open-ended agreement that was concluded for the regular supply of products (including electricity) or services at any time, subject to agreed termination rules and a notice period not exceeding one month.
2. The consumer may terminate a fixed-term agreement that was concluded for the regular supply of products (including electricity) or services at any time towards the end of the fixed-term, subject to agreed termination rules and a notice period not exceeding one month.
3. The consumer may amend the agreements mentioned in the previous paragraphs:
   1. – terminate at any time and not be limited to termination at a particular time or period;
   2. – at least terminate them in the same way as they were entered into;
   3. always terminate with the same notice period as the entrepreneur has stipulated for himself.
4. An agreement entered into for a fixed period and which extends to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a definite period of time.
5. Notwithstanding the previous paragraph, a fixed-term agreement that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer is allowed to terminate this renewed agreement towards the end of the renewal with a notice period not exceeding one month.
6. A fixed-term agreement that has been concluded for the regular supply of products or services may be tacitly renewed for an indefinite period only if the consumer is allowed to terminate it at any time with a notice period not exceeding one month. The maximum notice period is three months in case the agreement extends to the delivery of daily, news and weekly newspapers and magazines regularly, but less than once a month
7. A fixed-term agreement for the regular supply of daily or weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
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 not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

1. Unless otherwise provided for in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days of the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer receives the confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never require consumers to pay more than 50% in advance. Where advance payment is stipulated, the consumer may not assert any rights regarding the execution of the respective order or service(s) before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
4. If the consumer does not comply with his or her payment obligation(s) on time, the consumer is, after having been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still comply with the payment obligations, after the non-payment within this 14-day period, obliged to pay the statutory interest on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs shall not exceed: 15% on outstanding amounts up to €2,500; 10% on the following €2,500 and 5% on the following €5,000, with a minimum of €40. The entrepreneur can deviate from the mentioned amounts and percentages for the benefit of the consumer.

Article 16 – Complaints procedure

1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur in full and clearly described within a reasonable time after the consumer has identified the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If it is anticipated that a longer period is required to deal with a complaint, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the entrepreneur’s service can also be submitted by means of a complaints form on the consumer page of the Thuiswinkel.org website: www.thuiswinkel.org. The complaint is then sent both to the entrepreneur in question and to Thuiswinkel.org.
5. In any case, the consumer must give the entrepreneur 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is amenable to dispute resolution.

Article 17 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
2. Disputes between the consumer and the entrepreneur over the conclusion or execution of agreements relating to products and services to be supplied or delivered by the said entrepreneur can be put before the Thuiswinkel Disputes Committee (Geschillencommissie Thuiswinkel), P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl), by either the consumer or the entrepreneur, with due observance of that which is stipulated below.
3. A dispute will only be considered by the Disputes Committee if the consumer has first submitted his or her complaint to the entrepreneur within a reasonable time.
4. If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Commission no later than 12 months from the date the consumer submitted the complaint to the entrepreneur.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer should notify the entrepreneur first.
6. If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer will have to express in writing, within five weeks after a written request to that effect by the entrepreneur, whether he or she wishes to do so or have the dispute heard by the competent court. If the entrepreneur does not receive 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 shall rule under the conditions set out in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). Decisions of the Disputes Committee are made by way of a binding opinion.
8. The Disputes Committee will not deal with a dispute or will discontinue its proceedings if the entrepreneur has been granted a suspension of payments, become bankrupt or has effectively terminated its business activities, before a dispute has been dealt with by the committee at the session and a final ruling has been issued.
9. If, in addition to the Thuiswinkel Disputes Committee, another recognised dispute committee or one affiliated to the Disputes Committee Foundation for Consumer Matters (SGC) or the Dutch Institute for Financial Disputes (Kifid) is competent, the Thuiswinkel Disputes Committee will have preference for disputes mainly concerning the method of selling products or provision of services at a distance. For all other disputes, one can turn to the other recognised disputes committee affiliated to SGC or Kifid.

Article 18 – Industry guarantee

1. Thuiswinkel.org guarantees compliance with the binding opinions of the Thuiswinkel Disputes Committee by its members, unless the member decides to take the binding opinion to court for review within two months of it being sent. This guarantee is revived if the binding opinion has been upheld after review by the court and the verdict evidencing it has become final. This amount will be paid to the consumer by Thuiswinkel.org up to a maximum amount of €10,000 per binding opinion. For amounts greater than €10,000 per binding opinion, €10,000 will be paid. For the excess, Thuiswinkel.org has a best-efforts obligation to ensure that the member complies with the binding opinion.
2. The application of this guarantee requires that the consumer submits a written appeal to Thuiswinkel.org and that the consumers transfers his or her claim on the entrepreneur to Thuiswinkel.org. If the claim on the entrepreneur exceeds €10,000, the consumer will be offered to transfer the claim, insofar as this exceeds the amount of €10,000, to Thuiswinkel.org, after which this organisation will, in its own name and costs, seek payment of that claim in court to satisfy the consumer.

Article 19 – Additional or different 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 Thuiswinkel General Terms and Conditions 

1. Thuiswinkel.org will not change these general terms and conditions except in consultation with the Dutch Consumers’ Association (Consumentenbond).
2. Amendments to these terms and conditions shall only take effect after they have been published in an appropriate manner, on the understanding that in the event of applicable amendments during the term of an offer, the provision most favourable to the consumer shall prevail.

Thuiswinkel.org
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
Postbus 7001, 6710 CB Ede