Terms and conditions

General Terms and Conditions for members of Stichting WebwinkelKeur
(Translation of the original text) 

Index:

Article 1 - Definitions

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders 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, it shall be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.

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 manner that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or in another manner upon request.

4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.

5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force, and the provision in question shall be replaced without delay by mutual agreement by a provision that approximates the intent of the original as closely as possible.

6. Situations not covered by these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions.

7. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted ‘in the spirit’ of these general terms and conditions.

 Article 4 - The offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

2. The offer is without obligation. The entrepreneur is entitled to modify and adjust the offer.

3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

5. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the actual colors of the products.

6. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer. This concerns in particular:

   • the price including taxes;

   • any shipping costs;

   • the manner in which the agreement will be concluded and the actions required for this;

   • whether or not the right of withdrawal applies;

   • the method of payment, delivery, and performance of the agreement;

   • the time limit for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

   • the amount of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the communication medium used;

   • whether the agreement is archived after conclusion, and if so, in what way it is accessible to the consumer;

   • the manner in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, correct it;

   • any other languages ​​in which, in addition to Dutch, the agreement can be concluded;

   • the codes of conduct to which the entrepreneur has subjected himself and the manner in which the consumer can consult these codes of conduct electronically; and

   • the minimum duration of the distance contract in the case of a continuous transaction.

Article 5 - The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.

2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the agreement resulting from this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for this purpose.

4. The entrepreneur may—within legal frameworks—confirm whether the consumer can meet his payment obligations, as well as all those facts and factors that are relevant for responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application with justification or to attach special conditions to its execution.

5. The entrepreneur shall provide the consumer with the following information regarding the product or service, either in writing or in such a manner that it can be stored by the consumer in an accessible way on a durable data carrier:

   • the visiting address of the entrepreneur's establishment where the consumer can submit complaints;

   • the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

   • information regarding warranties and existing after-purchase service;

   • the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;

   • the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

6. In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

7. Every agreement is entered into subject to the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

1. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.

1. In the case of the provision of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, commencing on the day the agreement was entered into.

2. To exercise his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur in this regard with the offer and/or at the latest upon delivery.

Article 7 - Costs in the event of withdrawal

1. The consumer bears the direct costs of returning the product.

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the webshop owner or that conclusive proof of complete return can be provided. The refund will be made via the same payment method used by the consumer, unless the consumer explicitly consents to a different payment method.

3. In the event of damage to the product caused by careless handling by the consumer, the consumer is liable for any reduction in the product's value.

4. The consumer cannot be held liable for a reduction in the product's value if the entrepreneur has not provided all legally required information regarding the right of withdrawal; this must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

1. The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products:

   • that have been manufactured by the entrepreneur in accordance with the consumer's specifications;

   • that are clearly personal in nature;

   • that cannot be returned due to their nature;

   • that can quickly spoil or become obsolete;

   • whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;

   • for individual newspapers and magazines;

   • for audio and video recordings and computer software where the consumer has broken the seal;

   • for hygienic products where the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services:

   • concerning accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;

   • the delivery of which commenced with the express consent of the consumer before the cooling-off period had expired;

   • concerning bets and lotteries.

Article 9 - The price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices if those prices are subject to fluctuations in the financial market and the entrepreneur has no influence over them. This dependence on fluctuations and the fact that any prices mentioned are indicative prices shall be stated in the offer.

3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

   • they are the result of statutory regulations or provisions; or

   • the consumer has the right to terminate the agreement effective from the day on which the price increase takes effect.

5. The prices stated in the offer for products or services include VAT.

6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing or typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal use.

2. A guarantee provided by the entrepreneur, manufacturer, or importer does not detract from the statutory rights and claims that the consumer may assert against the entrepreneur on the basis of the agreement.

3. The statutory warranty applies to all products. The duration of the statutory warranty may vary based on the nature of the product.

4. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery.

5. The warranty does not apply if:

   • the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;

   • the delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or in violation of the entrepreneur's instructions and/or those on the packaging;

   • the defectiveness is wholly or partially the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

1. The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

2. The place of delivery shall be the address that the consumer has provided to the company.

3. Subject to what is stated regarding this in paragraph 4 of this article, the company shall execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall be notified thereof no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost. The consumer is not entitled to contractual compensation.

4. All delivery times are indicative. The consumer cannot derive any rights from any stated deadlines. Exceeding a deadline does not entitle the consumer to contractual compensation.

5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

6. If delivery of an ordered product proves impossible, the entrepreneur shall endeavor to make a replacement item available. At the latest upon delivery, it shall be stated in a clear and understandable manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.

7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Long-term transactions: duration, termination and renewal

1. An agreement entered into for a fixed term and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.
2. Notwithstanding the previous paragraph, an agreement entered into for a fixed term and which provides for the regular delivery of daily newspapers, news magazines, weekly newspapers and periodicals may be tacitly extended for a fixed duration of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension period with a notice period of at most one month.
3. An agreement entered into for a fixed term and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer may terminate it at any time with a notice period of at most one month, and a notice period of at most three months in the event that the agreement provides for the regular, but less than once a month, delivery of daily newspapers, news magazines, weekly newspapers and periodicals.
4. An agreement of limited duration for the regular delivery of daily newspapers, news magazines, weekly newspapers, and magazines for introductory purposes (trial or introductory subscription) is not tacitly renewed and terminates automatically upon the end of the trial or introductory period.

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.

2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory limitations, to charge the reasonable costs previously disclosed to the consumer.

Article 14 - Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints regarding the performance of the agreement must be submitted to the entrepreneur within 2 months after the consumer has discovered the defects, fully and clearly described.

3. Complaints submitted to the entrepreneur will be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

5. In the event of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with WebwinkelKeur and in the event of complaints that cannot be resolved by mutual agreement, the consumer must turn to WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via www.webwinkelkeur.nl/ledenlijst. If a solution cannot be reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by WebwinkelKeur; its decision is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this committee involves costs that must be paid by the consumer to the committee in question.

6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer resides abroad.

2. The Vienna Sales Convention does not apply.

Article 16 - Supplementary or deviating provisions

Privacy policy Shinga BV dated May 23, 2018

About our privacy policy

Shinga BV cares a lot about your privacy. We therefore only process data that we need for (improving) our services and we handle the information we have collected about you and your use of our services. We never make your data available to third parties for commercial purposes.
 

This privacy policy applies to the use of the website and the services provided by Shinga BV. The commencement date for the validity of these conditions is 23/05/2018, with the publication of a new version the validity of all previous versions is canceled. This Privacy Policy describes what information about you is collected by us, where this data is used for and with whom and under what conditions this data can possibly be shared with third parties. We also explain to you how we store your data and how we protect your data against misuse and what rights you have with regard to the personal data you provide us.
 

If you have any questions about our privacy policy, please contact our privacy contact person, you will find the contact details at the end of our privacy policy. When accepting our services, you also accept our privacy policy.
 

About the data processing

Below you can read how we process your data, where we save it, which security techniques we use and for whom the data are transparent.
 

Webshop software
 

Lightspeed is obliged to take appropriate security measures on the basis of the agreement we have concluded with them. These security measures consist of the application of SSL encryption and a strong password policy. Lightspeed uses cookies to collect technical information regarding your use of the software, no personal data is collected and/or stored. Lightspeed reserves the right to share collected data within its own concern in order to further improve the service.
 

Web hosting
 

Mijndomein
 

We take web hosting and email services from MijnDomein. MijnDomein processes personal data on our behalf and does not use your data for its own purposes. However, this party can collect metadata about the use of the services. These are not personal data. MijnDomein has taken appropriate technical and organizational measures to prevent loss and unauthorized use of your personal data. MijnDomein is obliged to maintain secrecy on the basis of the confidentiality agreement.
 

E-mail and mailing lists

We use the services of Mijndomein for our regular business e-mail traffic. This party has taken appropriate technical and organizational measures to prevent abuse, loss and corruption of your and our data as much as possible. Mijndomein does not have access to our mailbox and we treat all our e-mail traffic confidentially.
 

Payment processors

Mollie and Pay.nl
 

We use the Mollie and Pay.nl platforms to handle a (part of) the payments in our (web)shop. They process your name, address and residence details and your payment details such as your bank account or credit card number. Mollie and Pay.nl have taken appropriate technical and organizational measures to protect your personal data. They reserve the right to use your data to further improve the service and to share (anonymised) data with third parties. All the above-mentioned safeguards with regard to the protection of your personal data also apply to the parts of their services for which they engage third parties. Mollie and Pay.nl do not store your data for longer than is permitted by the legal terms.
 

Reviews

WebwinkelKeur
 

We collect reviews via the platform of WebwinkelKeur. If you leave a review via WebwinkelKeur you are obliged to provide a name and e-mail address. WebwinkelKeur will share this information with us so that we can link the review to your order. WebwinkelKeur also publishes your name on your own website. In some cases, WebwinkelKeur may contact you to provide an explanation of your review. In the event that we invite you to leave a review, we will share your name and e-mail address with WebwinkelKeur. They only use this information for the purpose of inviting you to leave a review. WebwinkelKeur has taken appropriate technical and organizational measures to protect your personal data. WebwinkelKeur reserves the right to use third parties for the provision of services, for this we have given permission to WebwinkelKeur. All the above mentioned safeguards with regard to the protection of your personal data also apply to the parts of the service for which WebwinkelKeur engages third parties.
 

Shipping and logistics

PostNL, DHL or DPD
 

If you place an order with us, it is our job to have your package delivered to you. We use the services of PostNL for the execution of the deliveries within The Netherlands. It is therefore necessary that we share your name, address and residence details with PostNL/DHL/DPD. PostNL/DHL/DPD uses this information only for the purpose of executing the agreement. In the event PostNL/DHL/DPD engages subcontractors, PostNL/DHL/DPD will also make your data available to these parties.
 

EXAMPLE: If you place an order with us, it is our job to have your package delivered to you. We use the services of Sendcloud to carry out the deliveries. It is therefore necessary that we share your name, address and residence details with Sendcloud. Sendcloud uses this information only for the purpose of executing the agreement. In case Sendcloud enables subcontractors, Sendcloud also makes your data available to these parties.
 

Invoicing and accounting

Exact
 

EXAMPLE: For our tracking of our administration and accounting we use the services of Exact. We share your name, address and residence details and details regarding your order. This data is used for managing sales invoices. For our records of our administration and accounting we use the services of Exact. We share your name, address and residence details and details regarding your order. This data is used for managing sales invoices. Your personal data is sent and stored protected.
 

Exact is obliged to observe secrecy and will treat your data confidentially. Exact does not use your personal data for purposes other than those described above.
 

External sales channels

Bol.com
 

We sell (a part of) our articles through the Bol.com platform. If you place an order via this platform, Bol.com will share your order and personal details with us. We use this information to process your order. We treat your information confidentially and have taken appropriate technical and organizational measures to protect your data against loss and unauthorized use.
 

We sell (a part of) our articles via the platform of Marktplaats.nl. If you place an order via this platform, Marktplaats.nl will share your order and personal details with us. We use this information to process your order. We treat your information confidentially and have taken appropriate technical and organizational measures to protect your data against loss and unauthorized use.
 

Purpose of data processing

General purpose of the processing
 

We only use your data for the benefit of our services. This means that the purpose of the processing is always directly related to the assignment you provide. We do not use your data for (targeted) marketing. If you share information with us and we use this information to contact you at a later date – other than at your request – we will ask you explicitly for this. Your information will not be shared with third parties, other than to comply with accounting and other administrative obligations. These third parties have all been kept confidential on the basis of the agreement between them and us or an oath or legal obligation.
 

Data that is automatically collected by our website is processed with the aim of further improving our services. This information (eg. your IP address, web browser and operating system) is not personal data.
 

Participation in tax and criminal investigation
 

In some cases, Shinga BV may be obliged to share your data in connection with government tax or criminal investigations on the basis of a legal obligation. In such a case, we are forced to share your data, but we will oppose this within the possibilities that the law offers us.
 

We keep your information as long as you are our client. This means that we keep your customer profile until you indicate that you no longer wish to use our services. If you indicate this to us, we will also consider this as a forget request. On the basis of applicable administrative obligations, we must keep invoices with your (personal) data, so we will keep this data for as long as the applicable term runs. However, employees no longer have access to your client profile and documents that we have produced in connection with your assignment.
 

On the basis of the applicable Dutch and European legislation, you as a data subject have certain rights with regarding personal data processed by or on behalf of us. We explain below which rights these are and how you can invoke these rights. In principle, in order to prevent abuse, we will send copies and copies of your data only to your already known e-mail address. In case you want the data to be sent to another e-mail address or, for example, by mail we will ask you to identify yourself. We keep records of completed requests, in the case of a forget request we administer anonymous data. All copies and copies of data you receive in the machine readable data format that we use within our systems. You have the right to file a complaint with the Dutch Data Protection Authority at any time if you suspect that we are using your personal data in the wrong way.
 

You always have the right to inspect the data that we process or have processed that relate to your person or that can be traced back to you. You can submit a request to that effect to our privacy contact person. You will receive a response to your request within 30 days. If your request is granted, we will send you a copy of all data with an overview of the processors who have this data, with the e-mail address known to us, stating the category under which we have stored this data.
 

You always have the right to have the data that we process or have processed that relate to your person or that can be traced back to this. You can submit a request to that effect to our privacy contact person. You will receive a response to your request within 30 days. If your request is granted, we will send you a confirmation that the details have been changed on the e-mail address known to us.
 

You always have the right to limit the data that we process or have related to your person or that can be traced back to you. You can submit a request to that effect to our privacy contact person. You will receive a response to your request within 30 days. If your request is granted, we will send you a confirmation to the e-mail address known to us that the data until you cancel the restriction will no longer be processed.
 

You always have the right to have the data that we process or have processed and that relate to your person or that can be traced back to you, performed by another party. You can submit a request to that effect to our privacy contact person. You will receive a response to your request within 30 days. If your request is granted, we will send you copies or copies of all information about you that we have processed or that have been processed by us by other processors or third parties on the e-mail address known to us. In all likelihood, we will no longer be able to continue the service in such a case, because the secure linking of data files can then no longer be guaranteed.
 

In such cases you have the right to object to the processing of your personal data by or on behalf of Shinga BV. If you object, we will immediately stop the data processing pending the settlement of your objection. If your objection is well-founded, we will make copies and / or copies of data that we process or have made available to you and then permanently discontinue the processing. You also have the right not to be subject to automated individual decision making or profiling. We do not process your data in such a way that this right applies. If you are of the opinion that this is the case, please contact our contact person for privacy matters.
 

Cookies

Google Analytics
 

Through our website, cookies are placed from the American company Google as part of the “Analytics” service. We use this service to track and get reports on how visitors use the website. This processor may be obliged to provide access to these data on the basis of applicable laws and regulations. We have not allowed Google to use the obtained analytics information for other Google services.
 

In the case that software solutions from third parties use cookies, this is stated in this privacy declaration.
 

We reserve the right to change our privacy policy at any time. On this page you will always find the most recent version. If the new privacy policy affects the way in which we process already collected data relating to you, we will notify you by e-mail.
 

Shinga BV

Nieuwe Eerdsebaan 16
 

5482 VS Schijndel

The Netherlands
 

T +3173 203-2487
 

E [email protected]