Terms & Conditions

These General Terms and Conditions of Stichting Webshop Keurmerk have been established in consultation with the Consumers’ Association within the framework of the Coordination Group Self-Regulation Consultation (CZ) of the Social and Economic Council and will come into effect on 1 June 2014. These General Terms and Conditions will be used by all members of the Webshop Foundation Quality mark with the exception of financial services as referred to in the Financial Supervision Act and before insofar as these services are supervised by the Netherlands Authority for the Financial Markets.

 

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 reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in the event of withdrawal
Article 10 – Exclusion right of withdrawal
Article 11 – The price
Article 12 – Compliance and extra guarantee
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, cancellation and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Industry guarantee
Article 19 – Additional or different provisions
Article 20 – Amendment of the general terms and conditions of Stichting Webshop Keurmerk

 

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

1. Supplementary agreement: an agreement whereby the consumer products, digital content
and/or services in connection with a distance contract and these goods, digital content
and/or services are provided by the entrepreneur or by a third party on the basis of a
agreement between the third party and the entrepreneur;
2. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his
trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services
and/or digital content for a specified period of time;
7. Durable data carrier: any tool – including e-mail – that the consumer
or enables the entrepreneur to store information that is personally addressed to him on a
way that future reference or use over a period commensurate with the purpose
for which the information is intended, and that unaltered reproduction of the stored information
makes possible;
8. Right of withdrawal: the consumer’s option to waive the right of withdrawal within the cooling-off period
distance contract;
9. Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and
offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: an agreement between the entrepreneur and the consumer
concluded within the framework of an organized system of distance selling of products,
digital content and/or services, whereby up to and including the conclusion of the agreement, exclusively or
one or more techniques for distance communication are also used;
11. Model withdrawal form: the European included in Annex I of these terms and conditions
model withdrawal form;
12. Remote communication technique: means that can be used for closing
an agreement, without the consumer and entrepreneur having to be in the same room at the same time
have come together;

Article 2 – Identity of the entrepreneur

Marroystoys SL
trading under the name: Talonze

Calle Picardo 41
03738 Javea
Alicante / Spain

[email protected]

D.N.I./C.I.F.: B72968142

 

Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every
distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions
conditions made available to the consumer. If this is not reasonably possible,
indicate to the entrepreneur before the distance contract is concluded how the
general terms and conditions can be viewed at the entrepreneur and that they are available at the request of the consumer
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
be made available to the consumer electronically in such a way that
can be easily stored by the consumer in a sustainable manner
data carrier. If this is not reasonably possible, before the distance contract
is closed, it will be indicated where of the general terms and conditions electronically

can be consulted and that, at the request of the consumer, they are sent electronically or by email
otherwise will be sent free of charge.
4. In the event that, in addition to these general terms and conditions, specific product or
terms of service apply, the second and third paragraphs of corresponding
apply and the consumer can always invoke
the applicable provision that is most favorable to him.

 

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 offered,
digital content and/or services. The description is sufficiently detailed to provide a good
assessment of the offer by the consumer. If the entrepreneur uses
uses images, these are a true representation of the offered
products, services and/or digital content. Obvious mistakes or obvious errors in the offer
do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and
obligations associated with the acceptance of the offer.

 

Article 5 – The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of
acceptance by the consumer of the offer and compliance with the
conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur confirms
immediately electronically the receipt of the acceptance of the offer. As long as the
receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can
terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and
organizational measures to secure the electronic transfer of data and ensures
for a secure web environment. If the consumer can pay electronically, the entrepreneur will
take appropriate safety precautions.
4. The entrepreneur can – within legal frameworks – inform himself whether the consumer is
can meet payment obligations, as well as all those facts and factors that are important to
a responsible conclusion of the distance contract. If the entrepreneur on the basis of
this investigation has good reasons not to enter into the agreement, he is entitled
motivated to refuse an order or request or to the implementation of special conditions
to connect.
5. At the latest upon delivery of the product, service or digital content, the entrepreneur will
consumer the following information, in writing or in such a way that it is
can be stored in an accessible way on a durable data carrier, send:
a. the visiting address of the establishment of the entrepreneur where the consumer goes with complaints
can;
b. the conditions under which and the way in which the consumer uses the right of withdrawal
can make, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about warranties and existing after-sales service;
d. the price including all taxes of the product, service or digital content; to the extent that
applicable delivery costs; and the method of payment, delivery or execution of the
distance contract;
e. the requirements for termination of the agreement if the agreement has a duration of
is more than one year or of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of an expensive transaction, the provision in the previous paragraph only applies to the first
delivery.

 

Article 6 – Right of withdrawal
For products:
1. The consumer can enter into an agreement with regard to the purchase of a product during
a cooling-off period of at least 14 days without stating reasons. The entrepreneur may
ask the consumer for the reason for withdrawal, but not stating his reason(s)
oblige.
2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a prior notification by the
consumer-designated third party, who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the
consumer, or a third party designated by him, has received the last product. The
The entrepreneur may, provided he clearly informs the consumer about this prior to the ordering process
manner about it, an order for several products with a different
refuse delivery time.
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, receives the last consignment or the last
part has been received;
c. in the case of agreements for regular delivery of products during a certain period:
the day on which the consumer, or a third party designated by him, has the first product
receive.
For services and digital content that is not provided on a tangible medium:
3. The consumer can conclude a service agreement and an agreement for the supply of digital
content that is not delivered on a material carrier for at least 14 days without notice
terminate for reasons. The entrepreneur may ask the consumer for the reason for withdrawal,
but not oblige him to state his reason(s).
4. The reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content that is not on a tangible medium
delivered when not informing about the right of withdrawal:
5. If the entrepreneur provides the consumer with legally required information about the right of withdrawal or
has not provided the model withdrawal form, the reflection period expires twelve months after
the end of the original, determined in accordance with the preceding paragraphs of this Article
reflection time.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph
provided within twelve months after the commencement date of the original cooling-off period, expires
the cooling-off period 14 days after the day on which the consumer received 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 the packaging with care. He
will only unpack or use the product to the extent necessary to determine the nature, characteristics,
and determine the operation of the product. The basic premise here is that the consumer
only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for the decrease in value of the product that is the result
of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if the entrepreneur
not provide him with any legally required information about the
has provided a right of withdrawal.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer makes use of his right of withdrawal, he must report this within the cooling-off period
by means of the model withdrawal form or in another unambiguous way to the
entrepreneur.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1,
does the consumer return the product, or does he hand it over to (an authorized representative of) the
entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The
consumer has in any case observed the return period if he returns the product
before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible
in original condition and packaging, and in accordance with the reasonable and
clear instructions.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the
consumer.
5. The consumer bears the direct costs of returning the product. As the
the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur
indicates to bear the costs himself, the consumer does not have to bear the costs for return.
6. If the consumer withdraws after having first expressly requested that the performance of the
service or supply of gas, water or electricity not put up for sale in a
limited volume or certain quantity starts during the cooling-off period, the

consumer the
entrepreneur owes an amount that is proportional to that part of the obligation that is
the entrepreneur has complied with at the time of revocation, compared to the full
fulfillment of the obligation.
7. The consumer does not bear any costs for the performance of services or the supply of water, gas or
electricity, which are not put up for sale in a limited volume or quantity, or up to
supply of district heating, if:
the entrepreneur provides the consumer with the legally required information about the right of withdrawal, the
reimbursement of costs in the event of cancellation or has not provided the model cancellation form, or;
b. the consumer does not expressly request the commencement of the performance of the service or delivery of
gas, water, electricity or district heating during the cooling-off period.
8. The consumer does not bear any costs for the full or partial delivery of
material medium supplied digital content, if:
a. he has not expressly consented to the commencement of . prior to its delivery;
the fulfillment of the agreement before the end of the cooling-off period;
b. he has not acknowledged to lose his right of withdrawal when granting his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer exercises his right of withdrawal, all additional
contracts terminated by operation of law.

 

Article 9 – Obligations of the entrepreneur in the event of withdrawal
1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible
after receiving this notification, he will immediately send a confirmation of receipt.
2. The entrepreneur reimburses all payments from the consumer, including any delivery costs
charged by the entrepreneur for the returned product, immediately but within
14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur
offers to collect the product himself, he may wait with repayment until he has received the product
received or until the consumer proves that he has returned the product, depending on which
time is earlier.
3. The entrepreneur uses the same payment method that the consumer has used for reimbursement,
unless the consumer agrees to another method. The refund is free of charge for the
consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest
standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method
to pay.

 

Article 10 – Exclusion right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but
only if the entrepreneur clearly states this in the offer, at least in time for the conclusion of the agreement,
has stated:
1. Products or services whose price is subject to fluctuations in the financial market
over which the entrepreneur has no influence and which can be used within the withdrawal period
occur
2. Agreements concluded during a public auction. Under a public auction
means a sales method whereby products, digital content and/or services are
entrepreneur are offered to the consumer who is personally present or has the opportunity
will be personally present at the auction, under the direction 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:
a. the execution has started with the express prior consent of the consumer; and
b. the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has
has fully performed the agreement;
4. Service agreements for the provision of accommodation, as in the agreement
a specific date or period of performance is provided and other than for residential purposes,
freight transport, car rental services and catering;
5. Agreements relating to leisure activities, if the agreement has a specific date
whether period of implementation thereof is foreseen;
6. Products manufactured to consumer specifications, which are not prefabricated and
which are manufactured on the basis of an individual choice or decision of the consumer, or which
are clearly intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products that are not suitable for health protection or hygiene reasons
to be returned and whose seal has been broken after delivery;
9. Products that are irrevocably mixed with other products after delivery by their nature;
10. Alcoholic drinks, the price of which has been agreed upon at the conclusion of 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;
11. Sealed audio, video recordings and computer software, the seal of which is
delivery is broken;
12. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
13. The supply of digital content other than on a tangible medium, but only if:
a. the execution has started with the express prior consent of the consumer; and
b. the consumer has declared that he loses his right of withdrawal.

 

Article 11 – The price
1. During the period of validity stated in the offer, the prices of the
products and/or services not increased, except for price changes as a result of 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
offers with variable prices. This bondage to fluctuations and the fact that
any prices stated are target prices, are 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:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the agreement with effect from the day
which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

 

Article 12 – Compliance with the agreement and extra guarantee
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the
specifications stated in the offer, to the reasonable requirements of reliability and/or usability
and the legal provisions existing on the date of the conclusion of the agreement
and/or government regulations. If agreed, the entrepreneur also guarantees that
the product is suitable for use other than normal.
2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer
never limits the legal rights and claims that the consumer may have under the
can enforce the agreement against the entrepreneur if the entrepreneur has failed
in the performance of its part of the agreement.
3. An additional guarantee is understood to mean any obligation of the customer contractor, its supplier, importer or producer in which he grants to the consumer certain rights or claims which go beyond what it is legally obliged to do in the event that it has failed to fulfill its obligations of its part of the agreement.

Article 13 – Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving
and in the execution of orders for products and in the assessment of applications for
provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur
created.
3. With due observance of what is stated in article 4 of these general terms and conditions,
the entrepreneur will accept accepted orders expeditiously, but at the latest within 30 days
unless a different delivery term has been agreed. If the delivery is delayed
or if an order cannot or only partially be executed,
the consumer will receive notification of this no later than 30 days after he has placed the order. The
In that case, the consumer has the right to dissolve the agreement without costs and is entitled to
on any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will pay the amount that the consumer has paid
refund without delay.
5. The risk of damage and/or loss of products rests with the entrepreneur until the
time of delivery to the consumer or a pre-designated and to the entrepreneur
announced representative, unless expressly agreed otherwise.

 

Article 14 – Duration transactions: duration, cancellation and extension
Cancellation:
1. The consumer can enter into an agreement that has been entered into for an indefinite period and that s
cancel with due observance of the agreed cancellation rules and a notice period
of a maximum of one month.
2. The consumer can enter into an agreement that has been entered into for a definite period and which extends to the
regular delivery of products (including electricity) or services, at all times against
terminate at the end of the fixed term with due observance of the agreed
cancellation rules and a notice period of no more than one month.
3. The consumer can conclude the agreements referred to in the previous paragraphs:
– cancel at any time and are not limited to cancellation at a specific time or in a
certain period;
– at least cancel in the same way as they entered into by him;
– always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension:
4. An agreement that has been entered into for a definite period and which extends to the regular delivery of
products (including electricity) or services, may not be tacitly renewed or
renewed for a specified period of time.
5. Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and which
extends to the regular delivery of daily news and weekly newspapers and magazines tacitly
be extended for a fixed period of up to three months, if the consumer
can cancel the extended agreement by the end of the extension with a notice period
of a maximum of one month.
6. An agreement that has been entered into for a definite period and which extends to the regular delivery of
products or services, may only be tacitly renewed for an indefinite period if the
consumer may cancel at any time with a notice period of no more than one month. The
notice period is a maximum of three months in case the agreement extends to the settled, but
less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily news, news
weekly newspapers and magazines (trial or introductory subscription) will not be tacitly
continued and will automatically end at the end of the trial or introductory period.
Duration:
8. If an agreement has a duration of more than one year, the consumer may after one year
terminate the agreement at any time with a notice period of no more than one month, unless the
reasonableness and fairness oppose cancellation before the end of the agreed term
to postpone.

Article 15 – Payment
1. Unless otherwise stipulated in the agreement or additional terms and conditions, the
amounts owed to the consumer must be paid within 14 days after the commencement of the
cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the
agreement. In the event of an agreement to provide a service, this term shall
on the day after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, the consumer may in general terms and conditions
never be obliged to pay more than 50% in advance. When prepayment is
stipulated, the consumer cannot assert any rights with regard to the execution of the
relevant order or service(s), before the stipulated advance payment has been made
occurred.
3. The consumer has the obligation to immediately rectify inaccuracies in payment details provided or stated
to report to the entrepreneur.
4. If the consumer does not fulfill his payment obligation(s) in time, this will be
The entrepreneur has been informed of the late payment and the entrepreneur gives the consumer a period of 14
days to still meet its payment obligations, after failing to
payment within this 14-day period, the statutory interest on the amount still due
owed and the entrepreneur is entitled to the extrajudicial
charge collection costs. These collection costs amount to a maximum of: 15% over
outstanding amounts up to € 2,500; 10% on the subsequent € 2,500 and 5% on the
next € 5,000 with a minimum of € 40,=. The entrepreneur can benefit from the
consumer deviate from the stated amounts and percentages.

 

Article 16 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles
the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted within a reasonable time after the consumer
has found the defects, must be submitted fully and clearly described to the
entrepreneur.
3. Complaints submitted to the entrepreneur are calculated within a period of 14 days from
the date of receipt. If a complaint has a foreseeable longer processing time
asks, is asked by the

entrepreneur replied within the period of 14 days with a message from
receipt and an indication when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the service of the entrepreneur can also be
submitted via a complaint form on the consumer page of the Foundation’s website
Webshop Keurmerk (http://keur.info/Home/MisuutOfKlacht) The complaint will then be sent to both
the relevant entrepreneur has been sent to Stichting Webshop Keurmerk.
5. If the complaint is not submitted within a reasonable period or within 3 months after the submission of
the complaint can be resolved in mutual consultation, a dispute arises that is subject to the
dispute settlement.

 

Article 17 – Disputes
1. On agreements between the entrepreneur and the consumer to which these general terms and conditions
related, only Dutch law applies.
2. Disputes between the consumer and the entrepreneur about the creation or implementation of
agreements with regard to products to be delivered or delivered by this entrepreneur and
services, with due observance of the provisions below, both the consumer and the
entrepreneur are submitted to the Disputes Committee Webshop, PO Box 90600, 2509 LP
in The Hague (www.sgc.nl).
3. A dispute will only be dealt with by the Disputes Committee if the
consumer has first submitted his complaint to the entrepreneur within a reasonable time.
4. No later than twelve months after the dispute has arisen, the dispute must be submitted in writing to the
Disputes Committee to be instituted.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur
bound by this choice. If the entrepreneur wishes to do so, the consumer will
weeks after a written request to that effect made by the entrepreneur, in writing
whether he also wishes to do so or whether he wishes to have the dispute handled by the competent
right. If the entrepreneur is not informed of the consumer’s choice within the period of five weeks,
then the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee makes a decision under the conditions as set out in the
regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/decommissies/2701/webshop).
The decisions of the Disputes Committee are made by
binding advice.
7. The Disputes Committee will not handle a dispute or will discontinue the handling if the
entrepreneur has been granted a suspension of payments, has gone bankrupt or has been declared bankrupt
has effectively terminated business activities before a dispute is heard by the committee
dealt with and a final judgment has been rendered.
8. If, in addition to the Webshop Disputes Committee, another recognized or
Disputes Committees for Consumer Affairs (SGC) or the Financial Complaints Institute
Services (Kifid) affiliated disputes committee is competent for disputes concerning
mainly the method of selling or providing services at a distance the Disputes Committee
Stichting Webshop Keurmerk preferably authorized. For all other disputes, the other recognized
Disputes Committee affiliated with SGC or Kifid.

Article 19 – Additional or deviating provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of
belong to the consumer and must be recorded in writing or in such a way that this
can be stored by the consumer in an accessible manner in a sustainable
data carrier.

Article 20 – Amendment of the general terms and conditions of Stichting Webshop Keurmerk
1. Stichting Webshop Keurmerk will not change these general terms and conditions except in consultation with the
Consumers Association.
2. Changes to these terms and conditions are only effective after they have been duly
have been published, provided that any applicable changes during the term of
an offer the provision most favorable to the consumer will prevail.

Address Webshop Trustmark Foundation:
Willemsparkweg 193, 1071 HA Amsterdam

 

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