Ibiza hoek dining loungeset 6-delig verstelbaar grijs

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Ibiza hoek dining loungeset 6-delig verstelbaar grijs

€ 1.945,00

De Ibiza hoek verstelbare loungeset is van onze eigen AVH-Collectie. De loungeset is gemaakt van kunststof vlechtwerk met een gepoedercoat aluminium frame. Of u nou wilt loungen of dineren, met de Ibiza set kunt u het allebei! Wij geven 2 jaar garantie.

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Artikelnummer: EU84246134 Categorieën: , , , ,
  • 3 Megastores: Nijkerk - Numansdorp - Lochristi (BE)
  • 2 tot 4 werkdagen levertijd
  • Gratis verzending binnen NL & BE
  • Geen retourkosten
  • Betalen bij bezorging mogelijk
  • Klantenservice is geopend (telefonisch) van Ma-vrij van 9:00 tot 17:00 Za- 9:00 tot 17:00
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9173 beoordelingen

Beschrijving

Ibiza hoek dining Loungeset

Creëer de perfecte combinatie van comfort, luxe en functionaliteit in je tuin met de Ibiza hoek dining loungeset van onze eigen AVH-Collectie. Deze stijlvolle loungeset is ideaal voor wie graag wil loungen én dineren in één set.

De Ibiza set is gemaakt van kunststof vlechtwerk, ook wel wicker genoemd, in een grijze kleur, waardoor hij niet alleen een luxe uitstraling heeft, maar ook onderhoudsvriendelijk en weerbestendig is. Het frame is gemaakt van gepoedercoat aluminium, wat zorgt voor een stevige constructie die niet zal roesten.

Een uniek kenmerk van deze loungeset is dat de twee buitenzijdes van de hoekbank traploos verstelbaar zijn door middel van een gasveer. Hierdoor pas je de rugleuningen eenvoudig aan, zodat je zowel rechtop kunt zitten tijdens het dineren of heerlijk achterover kunt liggen als u wilt loungen.

De set wordt geleverd met extra dikke kussens die zijn bekleed met een sterke polyester stof, waardoor ze niet alleen zacht en comfortabel zijn, maar ook goed bestand tegen dagelijks gebruik.

Met de royale hoekopstelling en een bijpassende diningtafel biedt de Ibiza set voldoende zitruimte voor familie en vrienden, ideaal voor gezellige avonden in de tuin.

Onderhoud

De loungeset heeft weinig onderhoud nodig. Wel adviseren wij om de set in de winter af te dekken met een hoes van Aerocover. Deze hoezen zijn ademend en laten condensvorming door.

Gratis thuisbezorgd

Wij leveren de loungeset uiteraard zonder bezorgkosten bij u thuis in Nederland of België. Wij beschikken over een eigen bezorgservice met vaste, ervaren chauffeurs. Zodra u uw bestelling plaatst, ontvangt u binnen 2 werkdagen een e-mail van onze planningsafdeling met een bezorgafspraak, inclusief een dag en tijdsblok.

Op de dag van bezorging kunt u de chauffeur live volgen via ons track-en-trace systeem. Zo hoeft u niet onnodig de hele dag thuis te wachten.

De chauffeur zal de loungeset in dozen op de door u aangewezen plek neerzetten, bijvoorbeeld in de tuin of op het balkon. Wilt u dat de chauffeur de loungeset uitpakt en het verpakkingsmateriaal direct weer mee terugneemt? Dan kunt u kiezen voor een montagelevering. Hier zijn wel extra kosten aan verbonden.

Bestaande uit: 

1x Ibiza hoekelement grijs

1x Ibiza open bank linkerarm verstelbaar grijs

1x Ibiza open bank rechterarm verstelbaar grijs

2x AVH voetenbank grijs 

1x Ibiza lounge dining tuintafel 120x80xH70 cm grijs

Wij geven 2 jaar garantie op de Ibiza loungeset. 

 

Extra informatie

EAN

0659424197416
Artikelnummer

EU84246134
SKU

EU84246134

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Location

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Contact

AVH Outdoor Garden Furniture Industrial Street 11 3281 LB Numansdorp The Netherlands

Copyright © 2024 AVHoutdoor Company S.L. All rights reserved.

General terms and conditions

General Terms and Conditions Thuiswinkel

These General Terms and Conditions of the Dutch Thuiswinkel Organisation (hereinafter: Thuiswinkel.org) have been drawn up in consultation with the Consumers’ Association within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and will enter into force on 1 June 2014.

Table of contents:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

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

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

Article 9 – Obligations of the entrepreneur in case of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Compliance and additional warranty

Article 13 – Delivery and execution

Article 14 – Duration transactions: duration, termination and extension

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Industry guarantee

Article 19 – Additional or deviating provisions

Article 20 – Amendment of the General Terms and Conditions of Thuiswinkel

Article 1 – Definitions

In these terms and conditions the following terms shall have the following meanings:

1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Reflection 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 during a certain period;
7. Durable medium: any instrument – including e-mail – that enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation or use for a period of time that is in line with the purpose for which the information is intended, and which allows for the unchanged reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for the distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or partly use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions; Annex I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
12. Distance communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same place at the same time.

Article 2 – Identity of the entrepreneur

Name of entrepreneur: VOF AVH Outdoor

Trading under the name(s):

– AVH Outdoor Garden Furniture

Business address:

Industriestraat 11
3281LB Numansdorp

Phone number: + 31 (0)85 1300 078

Accessibility:

Monday to Saturday from 8:30 am to 6:00 pm

Email address: info@avh-outdoor.nl

Chamber of Commerce number: 68234716

VAT number: NL857355107B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded in what way the general terms and conditions
can be consulted with the entrepreneur and that they will be sent free of charge as soon as possible at the consumer’s 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 can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will 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 electronically or otherwise at the consumer’s request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will 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 enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. 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 rights and obligations are associated with accepting the offer.

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures to that end.
4. The entrepreneur can, within legal frameworks, inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content:

a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.

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

Article 6 – Right of withdrawal

For products:

1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige him to state his reason(s).
2. The reflection period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
b. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
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 received the first product.

For services and digital content not supplied on a tangible medium:

3. The consumer can terminate a service agreement and an agreement for the supply of digital content that is not supplied on a tangible medium within 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
4. The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content not supplied on a tangible medium if not informed about the right of withdrawal:

5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 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 shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for the depreciation 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 the depreciation of the product if the entrepreneur has not provided him with all the legally required information about the right of withdrawal before or at the conclusion of the agreement.

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

1. If the consumer exercises his right of withdrawal, he shall report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or 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 shall return the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer shall bear the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs of return.
6. If the consumer revokes after having first expressly requested that the performance of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or quantity commences during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that the entrepreneur has fulfilled at the time of revocation, compared with the full fulfilment of the obligation.
7. The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity, that have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in the event of withdrawal or the model withdrawal form, or;
b. the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.

8. The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:

a. he has not expressly agreed to the commencement of the performance of the agreement before the end of the cooling-off period prior to delivery;
b. he has not acknowledged that he loses his right of withdrawal by giving his consent; or
c. the entrepreneur has failed to confirm this statement by the consumer.

9. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in case of withdrawal

1. If the entrepreneur makes it possible for the consumer to notify the withdrawal electronically, he will immediately send a confirmation of receipt after receiving this notification.
2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever is the earlier.
3. The entrepreneur will use the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The reimbursement 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 reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement:

1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
; 2. Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby 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 performance has begun with the consumer’s express prior consent; and
b. the consumer has declared that he will lose his right of withdrawal once the entrepreneur has fully performed the contract;

4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport contracts;
5. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, the transport of goods, car rental services and catering;
6. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance thereof;
7. Products manufactured to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer or which are clearly intended for a specific person;
8. Products which spoil quickly or have a limited shelf life;
9. Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products which, by their nature, are inseparably mixed with other items after delivery;
11. Alcoholic beverages, the price of which has been agreed upon at the time of concluding the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
12. Sealed audio or video recordings and computer software, the seal of which has been broken after delivery;
13. Newspapers, periodicals or magazines, with the exception of subscriptions to them;
14. The supply of digital content other than on a tangible medium, but only if:

a. the performance has begun with the consumer’s express prior consent; and
b. the consumer has declared that he thereby loses his right of withdrawal.

15. Items that come from our showroom. These items can be recognized by the word ‘showroom’ in the product title.

Article 11 – The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, with variable prices. This subjection to fluctuations and the fact that any stated prices are target prices will 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:

a. these are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement with effect from the day on 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 additional 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 legal provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil his part of the agreement. 3. An
additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or manufacturer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfil his part of the agreement.

4. Quotes are valid for 14 days.

Article 13 – Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. Taking into account what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest 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 will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. After termination in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
5. 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 made known to the entrepreneur, unless expressly agreed otherwise.

6. For deliveries to the Wadden Islands, the above applies with the following additions. A surcharge applies to all products. This will be discussed further (depending on the type of package and which island).

Article 14 – Duration transactions: duration, termination and extension

Cancellation:

1. The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time, taking into account the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:

a. cancel at any time and not be limited to cancellation at a specific time or during a specific period;
b. cancel at least in the same manner as they were entered into by him;
c. always cancel with the same notice period as the entrepreneur has stipulated for himself.

4. The right of withdrawal does not apply to supporting charities by purchasing a tree/trees.

Extension:

4. An agreement entered into for a definite period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
5. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which provides for the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a definite period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
6. An agreement entered into for a definite period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is no more than three months in the event that the agreement provides for the regular, but less than monthly, delivery of daily newspapers, weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for the purpose of getting to know each other (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period.

Duration:

8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 15 – Payment

1. Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start 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 case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If an advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the agreed advance payment has been made.
3. The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
4. If the consumer does not meet his payment obligation(s) on time, after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, if payment is not made within this 14-day period, the consumer will owe the statutory interest on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur may deviate from the stated amounts and percentages to the advantage of the consumer.

Article 16 – Complaints procedure

1. The entrepreneur has a sufficiently publicised complaints procedure and will handle the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time 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 from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of 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 complaints form on the consumer page of the website of Thuiswinkel.org www.thuiswinkel.org. The complaint will then be sent to both the entrepreneur in question and to Thuiswinkel.org.
5. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. Disputes between the consumer and the entrepreneur regarding the conclusion or performance of agreements relating to products and services to be supplied or supplied by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Disputes Committee Thuiswinkel, Postbus 90600, 2509 LP in The Hague (www.sgc.nl).
3. A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
4. If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Committee no later than 12 months after 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 is bound by this choice. Preferably, the consumer reports this to the entrepreneur first.
6. If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must state in writing within five weeks of a written request to that effect from the entrepreneur whether he wishes to do so or whether he wishes to have the dispute handled by the competent court. If the entrepreneur does not hear the consumer’s choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
7. The Disputes Committee will make a decision under the conditions as set out in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made by way of binding advice.
8. The Disputes Committee will not handle a dispute or will discontinue handling it if the entrepreneur has been granted a moratorium, has gone bankrupt or has actually ceased his business activities before a dispute has been handled by the committee at the hearing and a final decision has been made.
9. If, in addition to the Thuiswinkel Disputes Committee, another recognised disputes committee or one affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is authorised, the Thuiswinkel Disputes Committee shall preferably have jurisdiction for disputes relating primarily to the method of distance selling or service provision. For all other disputes, the other recognised disputes committee affiliated with the SGC or Kifid.

Article 18 – Industry guarantee

1. Thuiswinkel.org guarantees compliance with the binding advice of the Thuiswinkel Disputes Committee by its members, unless the member decides to submit the binding advice to the court for review within two months of its dispatch. This guarantee revives if the binding advice has been upheld after review by the court and the judgment showing this has become final and binding. Up to a maximum amount of €10,000 per binding advice, this amount will be paid out to the consumer by Thuiswinkel.org. For amounts greater than €10,000 per binding advice, €10,000 will be paid out. For the excess, Thuiswinkel.org has an obligation to make an effort to ensure that the member complies with the binding advice.
2. Application of this guarantee requires that the consumer submits a written appeal to Thuiswinkel.org and that he transfers his claim on the entrepreneur to Thuiswinkel.org. If the claim on the entrepreneur exceeds €10,000, the consumer will be offered the opportunity to transfer his claim, insofar as it exceeds the amount of €10,000, to Thuiswinkel.org, after which this organisation will request payment thereof in its own name and at its own expense in court to satisfy the consumer.

Article 19 – Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 20 – Amendment of the General Terms and Conditions of Thuiswinkel

1. Thuiswinkel.org will not change these general terms and conditions other than in consultation with the Consumers’ Association.
2. Changes to these terms and conditions will only come into effect after they have been published in an appropriate manner, with the understanding that in the event of applicable changes during the term of an offer, the provision most favourable to the consumer will prevail.

Thuiswinkel.org

www.thuiswinkel.org

Horaplantsoen 20, 6717 LT Ede

PO Box 7001, 6710 CB Ede

Appendix I: Model withdrawal form

Model withdrawal form

(complete and return this form only if you wish to cancel the agreement)

a. To: [ name of entrepreneur]
[ geographical address of entrepreneur]
[ fax number of entrepreneur, if available]
[ e-mail address or electronic address of entrepreneur]

b. I/We* hereby inform you that I/we* revoke our agreement concerning
the sale of the following products: (product designation)*
the delivery of the following digital content: [digital content designation]*
the provision of the following service: [service designation]
*

c. Ordered on*/received on* [date of order for services or receipt for products]
d. [Name of consumer(s)]
e. [Address of consumer(s)]
f. [Signature of consumer(s)] (only when this form is submitted on paper)

* Cross out what does not apply or fill in what applies.