General terms and conditions
At Junior & Junior we use the general terms and conditions of Thuiswinkel. A team of lawyers at Thuiswinkel has written this.
These general conditions apply to all your purchases with us. If you have any questions or complaints, please contact us. It is important to us that the threshold is low and that if there is a problem, we try to solve it as quickly and as nicely as possible.
Additional conditions for Junior & Junior
Try Me Box
Junior & Junior offers the opportunity to try on 4 frames at home for 5 days for a small shipping fee. Each Try Me Box must be returned 5 days after delivery. Junior & Junior reserves the right to charge €95/€110 per frame not returned. This amount must be paid within thirty (30) days after we determine that our Try Me Box frames have not been returned. If you have any questions about this, please email us at email@example.com.
If your glasses are made to your strength (and therefore custom) with us, there is no legal cooling-off period for our product. However, if for any reason you are not satisfied with your new glasses, please contact us.
By placing an order you confirm that:
The information you have provided is complete and accurate;
You are 16 years of age or older and legally authorized to place an order;
You have a written prescription for these eyeglasses issued within the last 6 months by a qualified person
You follow all instructions provided by the eye care professional and provide the details of this eyeglass prescription (including any notes on the prescription). If there is no space for this in the ordering process on the website, please contact us.
You are responsible for the eyeglass prescription if you order a product based on an eyeglass prescription provided to you by a third party. Any costs/damages incurred due to an incorrect prescription provided by a third party or incorrect information provided by the prescription to Junior & Junior will be your responsibility. In such a case, the purchase price of the product will not be refunded.
Information on the Website
All information provided on or in connection with the Website is for general informational purposes only. The user is and remains solely responsible for the use and interpretation of the information on the Website.
The information should not be construed as medical advice and should not be used to diagnose or choose treatment. Always consult a physician or specialist for medical problems.
We intend to present the products on the website as accurately as possible. However, we cannot guarantee that the images of the products accurately reflect the actual products due to, among other things, technical differences in the monitors or displays used by you and other users. All specifications, drawings and data relating to weight, dimensions and performance are approximate.
Intellectual Property Rights
Unless otherwise stated, Junior& Junior owns all intellectual property rights in the Website, its content (including text, design, layout, graphics and videos), Junior& Junior's products, trademarks and trade names.
You may use the Website and the information contained therein for your personal use. Any other use (such as reproduction, redistribution or storage of the content or any part thereof on another website, hyperlinking or deep linking to another website) is prohibited without our express written permission.
Acceptance of the general terms and conditions
By submitting the order, you agree to the terms and conditions and have the same value as a handwritten signature.
General terms and conditions for home shopping
These General Terms and Conditions of the Dutch Thuiswinkel Organization (hereinafter: Thuiswinkel.org) have been drawn up in consultation with the Consumers' Association within the framework of the Coordination Group Self-Regulation (CZ) of the Social and Economic Council and come into force on June 1, 2014.
The table of contents:
Article 1 - Definitions
Article 2 - The 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 reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and its costs
Article 9 - Obligations of the trader in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional guarantee
Article 13 - Delivery and performance
Article 14 - Term transactions: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Sectoral guarantee
Article 19 - Additional or other provisions
Article 20 - Amendment of the General Terms and Conditions for Home Shopping
Article 1 - Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
(1) ancillary contract: a contract under which the consumer acquires products, digital content and/or services in connection with a distance contract and those products, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;
2. cooling-off period: the period during which the consumer may exercise his right of withdrawal;
3. consumer: a natural person who does not act for purposes related to his trade, business, craft or profession;
4. day: calendar day;
5. digital content: Data produced and provided in digital form;
6) indefinite term contract: a contract that provides for the regular delivery of goods, services and/or digital data.
6) extended term contract: a contract that covers the regular delivery of goods, services and/or digital content for a specified period of time;
7) durable medium: any instrument, including e-mail, which enables the consumer or business to store information addressed personally to him/her in a way accessible for future consultation or use for a period of time adequate to the purpose for which the information is intended and which allows the unchanged reproduction of the information stored;
8. right of withdrawal: the possibility for the consumer to renounce the distance contract within the cooling-off period;
9. trader: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers at a distance;
10) Distance contract: a contract concluded between the trader and the consumer in the context of the conclusion of a contract.
10) distance contract: a contract concluded between the trader and the consumer within the framework of an organized system for the distance sale of goods, digital content and/or services, using one or more techniques of distance communication alone or jointly until the moment of conclusion of the contract;
11. model withdrawal form: the European model withdrawal form contained in Annex I to these Terms and Conditions; Annex I does not need to be provided if the consumer does not have a right of withdrawal in relation to his order;
12. distance communication technology: means that can be used to conclude a contract without the consumer and the entrepreneur having to be in the same room at the same time.
Article 2 - Identity of the entrepreneur
Junior & Junior BV
Trades under the name(s): Junior and Junior, Jr & Jr, Junior & Junior.
The office is located in Haarlem, Klein Heiligland 84
Available from Monday to Friday from 10.00 to 17.00
Chat or e-mail: firstname.lastname@example.org
Chamber of Commerce number: 78625475
Article 3 - Applicability
1) These general terms and conditions apply to any offer made by the Entrepreneur and to any distance contract concluded between the Entrepreneur and the Consumer. Prior to the conclusion of the distance contract, the text of these general terms and conditions shall be made available to the Consumer. If this is not possible, the
Prior to the conclusion of the distance contract, the Consumer shall be provided with the text of these General Terms and Conditions. If this is not reasonably possible, the Entrepreneur shall indicate before the conclusion of the distance contract the manner in which the General Terms and Conditions can be inspected at the Entrepreneur's business premises and that they will be sent to the Consumer free of charge as soon as possible upon the Consumer's request.
(3) If the distance contract is concluded by electronic means, notwithstanding the previous paragraph, before the conclusion of the distance contract the text of these General Terms and Conditions may be made available to the consumer in electronic form in such a way that the consumer can easily save it on a durable medium. If this is not reasonably possible, it must be indicated before the conclusion of the distance contract where the general terms and conditions can be viewed electronically and that they will be sent to the consumer at his request free of charge either electronically or by other means.
4. if, in addition to these general conditions, special product or service conditions apply, paragraphs 2 and 3 shall apply mutatis mutandis, and the consumer may always invoke the provision most favorable to him in the event of conflicting conditions.
Article 4 - The offer
1. if an offer has a limited period of validity or is subject to conditions, this must be explicitly 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 for a proper
The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the Entrepreneur uses images, they shall be a faithful representation of the products, services and/or digital content offered.
Services and/or digital content. Obvious errors or mistakes in the offer are not binding on the entrepreneur. 3.
3. each offer contains information from which the consumer can see what rights and obligations are associated with the acceptance of the offer.
Article 5 - The agreement
1. the agreement is concluded - subject to the provisions of paragraph 4 - at the moment when the consumer accepts the offer and complies with the specified conditions.
2. if the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the electronic acceptance of the offer.
As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
dissolve the agreement.
3. if the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect electronic data transmission and ensure a secure Internet environment. If the consumer has the option to pay electronically, the entrepreneur will take appropriate security measures. 4.
(4) The Entrepreneur may inform the Consumer, within the limits of the law, about his ability to meet his payment obligations and about all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the Entrepreneur has good reasons not to enter into the contract, he is entitled to refuse an order or request, giving reasons, or to make the execution subject to special conditions.
(5) At the latest at the time of delivery of the goods, services or digital content, the Entrepreneur shall provide the Consumer with the following information in writing or in such a way that the Consumer can store it in an accessible manner on a durable medium:
a. the address of the establishment of the entrepreneur where the consumer can submit complaints;
b. the conditions and manner in which the consumer may exercise his right of withdrawal, or a clear statement of the exclusion of the right of withdrawal;
c. the information about guarantees and the existing after-sales service;
d. the price, including any taxes, of the good, service or digital content, delivery costs, if any, and the method of payment, delivery or performance of the distance contract; and
e. the conditions for termination of the agreement, if the agreement has a duration of more than one year or is indefinite;
f. if the consumer has a right of withdrawal, the model form for withdrawal.
6. in the case of a long-term transaction, the provision of the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
1. the consumer may cancel a contract for the purchase of a product within a cooling-off period of 14 days without giving any reason. The Entrepreneur may ask the Consumer for the reason for the withdrawal, but he cannot oblige him to give his reasons.
2. the withdrawal period referred to in paragraph 1 shall begin on the day after the consumer or a third party designated in advance by the consumer, other than the carrier, has received the product, or:
a. if the consumer has ordered several products in one order: the day on which the consumer or a third party designated by the consumer has received the last product. The Entrepreneur may, provided that he has clearly informed the Consumer prior to the ordering process.
The entrepreneur may, provided that he has clearly informed the consumer before the ordering process, refuse an order of several products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer or a third party designated by him received the last shipment or part;
c. in the case of agreements on the regular delivery of products during a certain period: the day on which the consumer or a third party designated by him received the first product.
In the case of services and digital content that are not delivered on a tangible medium:
3. the consumer may terminate a service contract and a contract for the supply of digital content not delivered on a tangible medium within 14 days without giving any reason. The trader may ask the consumer the reason for his cancellation, but may not ask him to give his reasons.
The trader may ask the consumer about the reasons for withdrawing from the contract, but may not require him to disclose his reasons.
4. the cooling-off period referred to in paragraph 3 shall start on the day following the conclusion of the agreement. Extended cooling-off period for products, services and digital content not delivered on a tangible medium in the event that the consumer has not been informed of the right of withdrawal:
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 shall expire twelve months after the expiry of the initial cooling-off period established in accordance with the preceding paragraphs of this Article.
(6) If the Entrepreneur has provided the Consumer with the information referred to in the preceding paragraph within twelve months of the commencement of the initial cooling-off period, the cooling-off period shall expire 14 days after the day on which the Consumer received such information.
Article 7 - Obligations of the consumer during the cooling-off period
During the cooling-off period, the consumer shall handle the product and its packaging with care. He will unpack or use the product only to the extent necessary to determine the nature, characteristics and operation of the product. The starting point is that the consumer may only touch and inspect the product as he would be allowed to do in a store.
2. the consumer shall only be liable for a loss in value of the product which is due to handling of the product which goes beyond the extent referred to in paragraph 1.
3. the consumer is not liable for a loss in value of the goods if the entrepreneur has not provided him with all the information required by law on the right of withdrawal before or at the time of conclusion of the contract.
Article 8 - Exercise of the right of withdrawal by the consumer and its costs
(1) If the Consumer exercises his right of withdrawal, he must notify the Entrepreneur within the withdrawal period using the model withdrawal form or in another clear 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 is not required if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product
before the cooling-off period has expired.
3. the consumer must return the product with all accessories supplied, if possible in the original condition and packaging and in accordance with the reasonable and clear instructions of the entrepreneur.
the instructions of 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 shall bear the direct cost of returning the goods. If the Entrepreneur has not informed the Consumer that he has to bear these costs or if the Entrepreneur has indicated that he has to bear the costs himself, the Consumer does not have to bear the costs for returning the goods.
(6) If the consumer withdraws after having previously expressly requested that the provision of the service or the supply of gas, water or electricity that is not made ready for sale in a limited scope or quantity commence during the cooling-off period, the consumer shall owe the entrepreneur an amount equal to that part of the obligation that is fulfilled by
which the entrepreneur has fulfilled at the time of withdrawal compared to the full extent of the obligation.
7. the consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity that is not available for sale in a limited volume or quantity, or for the supply of district heating, if
a. the trader has not provided the consumer with the information required by law on the right of withdrawal, the reimbursement of costs in case of withdrawal or the model form for withdrawal; or;
b. the consumer has not expressly requested the commencement of the provision of the service or the supply of gas, water, electricity or district heating during the withdrawal period.
8. the consumer shall not bear any costs for the full or partial delivery of digital content that is not delivered on a tangible medium if:
a. he has not expressly consented to the commencement of the execution of the contract before the expiry of the cooling-off period;
b. when giving his consent, he did not acknowledge that he had lost his right of withdrawal; or
c. the trader has failed to confirm this declaration of the consumer.
9. if the consumer exercises his right of withdrawal, all additional agreements shall be terminated by operation of law.
Article 9 - Obligations of the Entrepreneur in the Event of Withdrawal
(1) If the Entrepreneur allows the Consumer to notify the Entrepreneur of the withdrawal by electronic means, the Entrepreneur shall immediately send an acknowledgement of receipt of such notification.
2. the Entrepreneur shall reimburse all payments made by the Consumer, including the delivery costs charged by the Entrepreneur for the return of the product, without undue delay, but no later than 14 days after the day on which the Consumer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he can wait with the repayment until he has received the product
If the Entrepreneur does not offer to pick up the product himself, he can wait with the repayment until he has received the product or until the Consumer proves that he has sent back the product, whichever comes first.
3. the entrepreneur shall use the same means of payment that the consumer used for the refund, unless the consumer agrees to a different method. The refund shall be free of charge for the consumer.
4. if the consumer has chosen a more expensive shipping method than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive shipping method.
Article 10 - Exclusion of the right of withdrawal
The trader may exclude the following products and services from the right of withdrawal, but only if he has clearly indicated this when making the offer or at least in good time before the conclusion of the contract:
1. products or services whose price depends on fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period
2. contracts concluded within the framework of a public auction. A public auction is a method of sale in which products, digital content and/or services are offered by the operator to the consumer, who is present or has the opportunity to be present in person at the auction conducted by an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
3. service contracts, after full performance of the service, but only if:
a. performance has begun with the express prior consent of the consumer; and
b. the consumer has declared that he loses his right of withdrawal when the entrepreneur has fully performed the contract;
4. package travel as defined 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 not for residential purposes, the transport of goods, car rentals and catering;
6. contracts relating to leisure activities, if the contract provides for a specific date or period for performance;
7. products made according to the consumer's specifications, which are not prefabricated and are made 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, due to their nature, are irrevocably mixed with other products after delivery;
11. alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but the delivery of which can take place only after 30 days and the actual value of which depends on fluctuations in the market over which the Entrepreneur has no control;
12. sealed audio and video recordings and computer software, the seal of which was broken after delivery;
13. newspapers, magazines or periodicals, with the exception of subscriptions to these media;
14. the supply of digital content not stored on a tangible medium, but only if: a. execution has begun with the express prior consent of the consumer; and b. the consumer has declared that he thereby loses his right of withdrawal.
Article 11 - The price
1. during the period of validity stated in the offer, the prices of the offered products and/or services may not be increased, except for price changes 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 on the financial market, over which he has no control, at variable prices. In the offer it shall be pointed out this connection with fluctuations and that the prices mentioned are recommended prices.
3. price increases within 3 months after conclusion of the contract are only permissible if they result from legal regulations or provisions.
4. price increases from 3 months after conclusion of the contract are only permissible if the entrepreneur has agreed them and:
a. they result from statutory provisions or regulations; or
b. the consumer is entitled to terminate the contract on the day on which the price increase takes effect.
5. the prices stated in the offer of the products or services include VAT.
Article 12 - Fulfillment of the agreement and additional guarantee
1. the entrepreneur guarantees that the products and / or services comply with the agreement, the specifications listed in the offer, the reasonable requirements for reliability and / or usability and the legal provisions and / or government regulations existing at the time of the conclusion of the agreement. If agreed, the Contractor also guarantees that the product is suitable for other than normal use.
2. an additional guarantee of the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can claim against the entrepreneur on the basis of the contract, if the entrepreneur has not fulfilled his part of the contract.
(3) An additional guarantee shall be understood as any obligation of the Entrepreneur, its supplier, importer or manufacturer by which it grants the Consumer certain rights or claims that go beyond what it is legally obliged to do if it has not performed its part of the contract.
Article 13 - Delivery and execution
(1) The Entrepreneur shall exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
2. the place of delivery is the address that the consumer has communicated to the entrepreneur.
3. in compliance with the provisions of Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders as soon as possible, but no later than within 30 days, unless a different delivery period has been agreed. If the delivery is delayed or if an order cannot be executed or can only be executed in part, the Consumer shall be informed of this within 30 days of his order. In this case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.
4. after the dissolution according to the previous paragraph, the Entrepreneur shall immediately refund the amount paid by the Consumer.
5. the risk of damage and / or loss of products lies with the entrepreneur until the time of delivery to the consumer or a previously designated and communicated to the entrepreneur representative, unless expressly agreed otherwise.
Article 14 - Continuing operations: duration, termination and renewal.
1. the consumer may terminate a contract concluded for an indefinite period of time, which extends to the regular supply of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of up to one month.
2. the consumer may conclude a contract for a definite period, which extends to the regular supply of products (including electricity) or services, terminate at any time at the end of the fixed term the applicable termination rules and a notice period not exceeding one month.
3. the consumer may terminate the agreements referred to in the preceding paragraphs:
a. terminate at any time and not be limited to termination at a specific time or period;
b. terminate them at least in the same manner in which they were concluded by him;
c. always terminate them with the same notice period that the Contractor has established for itself.
4. a fixed-term contract for the regular supply of goods (including electricity) or the provision of services may not be tacitly extended or renewed for a specified period.
(5) Notwithstanding the preceding paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers or magazines may be tacitly renewed for a maximum period of three months if the consumer may terminate the renewed contract at the end of the renewal period with a notice period not exceeding one month.
maximum of one month.
6. a fixed-term contract for the regular delivery of goods or the provision of services may be automatically extended for an indefinite period only if the consumer has the right to terminate the contract at any time with a notice period not exceeding one month. The notice period shall not exceed three months if the subject matter of the contract is the regular, but less than monthly, delivery of daily, news and weekly newspapers and magazines.
7. a temporary contract for regular delivery of daily or weekly newspapers and magazines (trial or introductory subscription) shall not be automatically continued and shall end upon expiration of the trial or introductory period.
8. if a contract lasts longer than one year, the consumer may terminate the contract at any time after the expiry of one year by giving up to one month's notice, unless reasonableness and fairness prevent termination before the expiry of the agreed term.
Article 15 - Payment
(1) Unless otherwise provided for in the agreement or in the additional terms and conditions, the amounts owed by the consumer shall be paid within 14 days of the commencement of the cooling-off period or, if no cooling-off period is provided for, within 14 days of the conclusion of the agreement. In the case of a contract for the provision of a service, this period shall begin on the day after the consumer has received the contract.
begins on the day after the consumer receives confirmation of the contract.
2. when selling products to consumers, the consumer may never be asked in the general terms and conditions to pay more than 50% in advance. If an advance payment is provided for, the consumer may not exercise any right to the execution of the relevant order or service(s) before making the agreed advance payment.
3. the consumer has the obligation to notify the entrepreneur immediately of any inaccuracies in the payment data given or mentioned.
4. if the consumer does not meet his payment obligations in time, after he has been informed by the entrepreneur about the delay in payment and the entrepreneur has given the consumer a period of 14 days to meet his payment obligations after all, he will owe the legal interest on the amount owed and the entrepreneur is entitled to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% for outstanding amounts up to € 2500, 10% for the next € 2500 and 5% for the next € 5000, with a minimum of € 40. The Entrepreneur may deviate from the aforementioned amounts and percentages in favour of the Consumer.
Article 16 - Complaint procedure
(1) The Entrepreneur shall have a sufficiently publicized complaints procedure and shall handle the complaint in accordance with this complaints procedure.
2. complaints about the performance of the contract must be submitted to the entrepreneur within a reasonable time after the consumer has identified the defects, fully and clearly described.
3. complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time,
the Entrepreneur shall respond within 14 days with an acknowledgement of receipt and an indication of when the Consumer can expect a more detailed response. 4.
4. a complaint about a product, service or the service of the trader can also be submitted via a complaint form on the consumer page of the Thuiswinkel.org website www.thuiswinkel.org. The complaint will then be sent to both the trader in question and Thuiswinkel.org.
5. the consumer must give the trader at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises, which 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 a consumer and a trader concerning the conclusion or performance of agreements relating to products and services to be supplied by that trader may be brought by both the consumer and the trader before the Thuiswinkel Conciliation Committee, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl), subject to the following provisions.
3. a dispute will only be dealt with by the conciliation committee if the consumer has previously addressed his complaint to the trader within a reasonable period of time.
4. if the complaint does not lead to a resolution, the dispute should be submitted to the Disputes Committee in writing or in another form to be determined by the Commission, within 12 months from the date on which the consumer submitted the complaint to the entrepreneur.
(5) If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur shall be bound by that decision. Preferably, the consumer should first inform the entrepreneur.
6. if the entrepreneur wishes to bring a dispute before the dispute committee, the consumer must declare in writing within five weeks of a written request from the entrepreneur whether he wishes to do so or to bring the dispute before the competent court. If the entrepreneur fails to hear the consumer's choice within five weeks, he may submit the dispute to the competent court.
7. the decision of the Geschillencommissie is made under the conditions laid down in the rules of the Geschillencommissie (www.degeschillencommissie.nl/over-ons/decommissies/ 2404/thuiswinkel). The decisions of the Dispute Settlement Committee shall be rendered by way of a
8. the Disputes Committee shall not deal with a dispute or terminate its activities if the entrepreneur has obtained a moratorium on payment, has gone bankrupt or has actually ceased its business activities before the Committee has dealt with the dispute in a meeting and reached a final decision.
(9) If, in addition to the Thuiswinkel Conciliation Committee, another recognized conciliation committee is accredited or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid), the Thuiswinkel Conciliation Committee shall prevail if the disputes mainly concern the manner of distance selling or the provision of services. For all other disputes, the other dispute resolution committee recognized by the SGC or Kifid is competent.
Article 18 - Guarantee of the industry
1. thuiswinkel.org guarantees that its members will follow the binding advice of the European Commission.
(1) Thuiswinkel.org guarantees its members that they will follow the binding advice of the Thuiswinkel Dispute Resolution Committee, unless the member decides to submit the binding advice to a court for review within two months after its transmission. This guarantee will be revived if the binding advice is confirmed after review by the court and the judgment from which this results has become final. Up to a maximum amount of € 10.000,- per binding advice, this amount will be paid by Thuiswinkel.org to the consumer. For amounts
of more than € 10.000,- per binding consultation, € 10.000,- will be paid. If the amount exceeds this amount, Thuiswinkel.org has a duty of care to ensure that the member complies with the binding advice.
2. for this guarantee to apply, it is necessary that the consumer makes a claim in writing to Thuiswinkel.org and that he assigns his claim against the trader to Thuiswinkel.org. If the claim to the trader exceeds € 10.000,-, the consumer is offered to assign his claim, as far as it exceeds the amount of € 10.000,-, to Thuiswinkel.org,
Thereafter, this organization will sue for payment to the consumer in its own name and at its own expense.
Article 19 - Additional or different provisions
Additional or different provisions from these General Terms and Conditions may not be detrimental to the consumer and should be in writing or recorded in such a way that the consumer can store them in an accessible manner on a durable medium.
Article 20 - Amendments to the general terms and conditions for home shopping
1. thuiswinkel.org will only change these general terms and conditions after consultation with the consumer association.
2. changes to these terms and conditions will only take effect after they have been published in an appropriate manner, whereby in the case of changes during the term of an offer, the provision that is most favorable to the consumer will take precedence.
Horaplantsoen 20, 6717 LT Ede
PO Box 7001, 6710 CB Ede