Terms and Conditions

 

These General Terms and Conditions of the Dutch "Thuiswinkel" Organization were 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 become operable as of 1st June 2014.


Index:

Article   1 – Definitions
 
Article   2 – Identity of the trader
 
Article   3 – Applicability
 
Article   4 – The offer
 
Article   5 – The contract
 
Article   6 – Right of withdrawal
 
Article   7 – Costs in case of withdrawal
 
Article   8 – Preclusion from right of withdrawal
 
Article   9 – The price
 
Article 10 – Conformity and guanrantee
 
Article 11 – Supply and implementation
 
Article 12 – Extended duration transactions
 
Article 13 – Payment
 
Article 14 – Complaints procedure
 
Article 15 – Disputes
 
Article 16 – Branch guarantee
 
Article 17 – Additional or different stipulations
 
Article 18 – Amendment to the general terms and conditions of Thuiswinkel



 

Article 1 – Definitions

The following definitions apply in these terms and conditions:
• Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
• Consumer: the natural person whose action is not within the course of a profession or business and who enters into an distance contract with the trader;
• Day: calendar day;
• Extended duration transaction: a distance contract that relates to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
• Durable medium: every means that enables the consumer or trader to store information that is addressed to him in person in a way that facilitates future consultation and unaltered reproduction of the stored information;
• Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
• Trader the natural or legal person who is a member of the Dutch Thuiswinkel Organization and who offers products and/or services to consumers from a distance;
• Distance contract: an contract whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the moment that the contract is concluded;
• Technique for distance communication: means that can be used for concluding an contract, without the consumer and trader being in the same place at the same time.


Article 2 – Identity of the trader

• Name trader: Buddha to Buddha Store.
• Office address: Pilotenstraat 34 A, 1059 CJ, Amsterdam.
• Telephone number and time(s) at which the trader can be contacted by telephone: +31 (0)20 30 33 996.
• Email address: store@buddhatobuddha.com.
• Chamber of Commerce number: 27257501.
• VAT identification number: NL818799389B01.

 

Should the activity of the trader be subject to a relevant licensing system:
• the data of the supervising authority.

Should the trader practice a regulated profession:
• the professional association or organization with which he is affiliated;
• the professional title, the town/city in the EU or EEA where this was granted;
• a reference to the professional rules that apply in the Netherlands and instructions as to where and how these professional rules can be accessed.


Article 3 – Applicability

• These general terms and conditions apply to every offer made by an trader and to every distance contract that is realised between an trader and a consumer;
• Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, that the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request;
• If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way;
• In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.


Article 4 – The offer

• If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
• The offer contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
• Every offer will contain such information that makes it clear to the consumer what rights and obligations are involved in accepting the offer. This includes, in particular:
 - the price, including taxes;
 - any costs of delivery;
 - the way in which the contract shall be concluded and which actions this will require;
 - whether or not the right of withdrawal applies;
 - the method of payment, delivery and implementation of the contract;
 - the period for accepting the offer or the period for which the trader guarantees the price;
 - the size of the tariff for distance communication, if the costs of using the technique for distance communication are calculated on some other basis than the regular basic tariff for the chosen communication technique;
 - if a contract is filed subsequent to its conclusion, and if so, the way in which this can be accessed by the consumer;
 - the way in which the consumer can obtain information about the data he has provided for in the course of the contract, as well as the way he can rectify these before the contract is concluded;
 - the languages in which, in addition to Dutch, the contract can be concluded;
 - the behavioral codes to which the trader is subject and the way in which the consumer can consult these behavioral codes electronically; and
 - the minimum duration of the distance contract, in the event of a contract that involves the continual or periodical supply of products or services.


Article 5 – The contract

• The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
• If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.
• If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.
• The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
• Together with the product or service, the trader will send to the consumer the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:

      a. the office address of the trader’s business location where the consumer can lodge complaints;

      b. the conditions under which the consumer can make use of the right of withdrawal and the method for so doing, or a clear statement relating to the exclusion of the right of withdrawal;

      c. information on guarantees and existing after-sales service;

      d. the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these prior to concluding the contract;

      e. the requirements for terminating the contract, if the duration of the contract exceeds one year or is indefinite.
 
      f. in case of a extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.


Article 6 – Right of withdrawal

Upon delivery of products
 
1.     When purchasing products, a consumer has the possibility of dissolving the contract, without giving reasons, during fourteen days. This period commences on the day after the product was received by the consumer or a  representative previous designated by the consumer and announced to the trader.
 
2.     During this period the consumer will treat the product and its packaging with care. He will only unpack or use the product as far as necessary in order to be able to assess whether he wishes to retain the product. If he wishes to exercise his right of withdrawal, then he will return the product to the trader, with all associated components, and – in as far as this is reasonably possible – in the original state and packaging, in accordance with the reasonable and clear instructions that were provided by the trader.
 
Upon delivery of services
 
3.     When services are supplied, a consumer has the possibility of dissolving the contract, without giving reasons, during at least fourteen days, starting on the day when the contract was concluded.
 
4.     In order to make use of his right of withdrawal, the consumer will act in accordance with the reasonable and clear instructions that the trader provided when the offer was made and/or at the latest upon delivery.


Article 7  – Costs in a case of withdrawal

If a consumer makes use of his right of withdrawal, he shall be responsible for, at most, the costs of returning the goods.
• If the consumer has paid a sum, the trader will refund this sum as quickly as possible, though at the latest within 30 days after the goods were returned or after the withdrawal.


Article 8 – Preclusion from right of withdrawal

The trader can preclude the consumer from having a right of withdrawal as far is provided for in paragraph 2 and 3 of this article. The preclusion of the right of withdrawal is only valid if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract.

• Preclusion from the right of withdrawal is only possible for products:
 
a)       that have been created by the trader in accordance with the consumer’s specifications;
 
b)      that are clearly of a personal nature;
 
c)       that cannot be returned due to their nature;
 
d)      that rapidly decay or become obsolete;
 
e)       the price of which is subject to fluctuations on the financial market over which the trader has no influence;
 
f)        for individual newspapers and magazines;
 
g)      for audio- and video-recordings and computer software, whereby the consumer has broken the seal.

• Preclusion from the right of withdrawal is only possible for services:
 
a)   relating to accommodation, transport, restaurant business or leisure activities to be carried out on a given date or during a given period;
 
b)   the supply of which commenced, with the explicit consent of the consumer, before the withdrawal period had lapsed;
 
c)   relating to bets and lotteries.


Article 9 – The price

During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs.
Contrary to the previous paragraph, the trader may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the trader has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
Price increases more than 3 months after the contract was concluded are only permitted if the trader stipulated as much and:
 
a)       they are the result of statutory regulations or stipulations; or
 
b)      the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
• Prices stated in offers of products or services include VAT.


Article 10 – Conformity and Guarantee

• The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed the trader also guarantees that the product is suited for other than normal designation.
• A guarantee arrangement offered by the trader, manufacturer or importer does not affect the legal rights and claims that a consumer, as a result of the contract, can enforce against the trader.


Article 11 – Supply and implementation

The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
 The place of delivery is deemed to be the address that the consumer makes known to the company.
 Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a longer period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge and a right to possible damages.
 In the case of dissolution in accordance with the previous paragraph, the trader will refund the consumer the sum paid as quickly as possible, though at the latest within 30 days after that dissolution.
 Should delivery of a product that has been ordered prove impossible, the trader will attempt to provide a replacement article. The fact that a replacement article is being supplied will be stated clearly and intelligibly, at the latest upon delivery. The right of withdrawal cannot be precluded in the case of replacement articles. The costs of return shipments will be charged to the trader.
 The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a  representative previous designated by the consumer and announced to the trader, unless this has explicitly been agreed otherwise.


Article 12 – Extended duration transactions

• A consumer has the right at all times to terminate a contract that has been concluded for an indefinite period of time, taking into consideration the applicable termination rules and a termination period of at the most one month.
• The maximum validity of a contract concluded for an indefinite period of time is two years. In the event that the contract has been made that the distance contract will be automatically extended, then the contract will be continued as a contract for an indefinite period of time and the maximum period of notice after continuation of the contract will be one month.


Article 13 – Payment

• As far as no other date has been agreed, sums payable by the consumer should be paid within 14 days after the start of the withdrawal period as stipulated in article 6 paragraph 1. In the case of a contract to provide a service this 14 days start on the moment the consumer receives the traders confirmation of the contract.
• When selling products to consumers, the general terms and conditions may never stipulate an advance payment in excess of 50%. Where advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.
• The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.
• In the event of non-payment on the part of the consumer, the trader has the right, subject to statutory limitations, to charge the consumer reasonable costs about which the consumer was informed in advance.


Article 14 – Complaints procedure

• The trader provides for a complaints procedure, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
• Complaints about exercising the contract must be submitted to the trader without delay, in their entirety and clearly defined, after the consumer has discovered the defects.
• A reply to complaints submitted to the trader will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
• A complaint about a product, a service or the trader’s service can also be submitted via a complaints form on the consumer’s page of the website of the Dutch Thuiswinkel Organization, www.thuiswinkel.org
 
The complaint is then sent both to the trader concerned and the Dutch Thuiswinkel Organization.
• If the complaint cannot be solved in joint consultation, then it becomes a dispute that is subject to the disputes settlement scheme.


Article 15 – Disputes

• Contracts entered into between an trader and a consumer and which are subject to these general terms and conditions are subject only to Dutch law.
• Disputes between a consumer and an trader over the conclusion or exercising of contracts relating to products and services to be supplied by this trader can be put before the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl), by either the consumer or the trader, with due observance of that which is stipulated below.
• The Disputes Committee will only deal with a dispute if the consumer first put his complaint, without delay, to the trader.
• The dispute should be submitted to the Disputes Committee, in writing, at the latest by three months after the dispute arose.
• If a consumer wants to put a dispute before the Disputes Committee, the trader is bound by that choice. If it is at the wishes of the trader, then the consumer will indicate, in response to a written request made by the trader, whether he is in contract, or prefers the dispute to be dealt with by the competent law-court. If the consumer does not indicate his choice to the trader within a period of five weeks, then the trader has a right to put the dispute before the competent law-court.
• Rulings of the Disputes Committee are subject to the conditions as stipulated in the regulations of the Disputes Committee. Decisions of the Disputes Committee take the form of binding advice.
• The Disputes Committee will not deal with a dispute – or will terminate their intervention – if the trader has been granted a suspension of payments, gone bankrupt or has actually terminated business activities before the committee dealt with the dispute during a session and rendered a final ruling.
• If another disputes committee that is recognized or affiliated with the Disputes Committee Foundation for Consumer Affairs (SGC) or the Complaints Institute Financial Services (Kifid) is competent, in addition to the Thuiswinkel Disputes Committee, the latter will have exclusive jurisdiction for disputes relating mainly to the method of distance sales or services. For all other disputes, this applies to the other disputes committees recognized by the SGC or affiliated with the Kifid.


Article 16 –  Branch guarantee

• The Dutch Thuiswinkel Organization guarantees the fulfilment of obligations of her members in relation to binding advices imposed on them by the Thuiswinkel Disputes Committee, unless the member decides to put the binding advice before a law-court for verification within two months after de date of that advice. In case of law-court verification the suspension of the guarantee will end and the guarantee will come into effect again upon the court ruling becoming final and conclusive, whereby the court has declared that the binding advice has binding effect. Up to a maximum sum of € 10.000,= per binding advice the Dutch Thuiswinkel Organization will pay this sum to the consumer. In case of sums higher than  € 10.000,= per binding advice, the sum of € 10.000,= will be paid. As far as the sum is higher than € 10.000,= the Dutch ThuiswinkelOrganization has the obligation to take reasonable adequate efforts to pursue the member to fulfil the binding advice.
• Application of this guarantee requires the consumer to submit a written appeal to the Dutch Thuiswinkel Organization and to transfer his claim on the trader to the Dutch Thuiswinkel Organization. As far as the claim on the trader exceeds the sum of € 10.000,=, the consumer will be offered the possibility to transfer his claim on the trader above the sum of € 10.000,= to the Dutch Thuiswinkel Organization, where after this organization will pursue payment of the claim in court on her own title and costs.


Article 17 Additional or different stipulations

Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.


Article 18 –  Amendment to the general terms and conditions of Thuiswinkel

• The Dutch Thuiswinkel Organization will only amend these general terms and conditions after consultation with the Consumers’ Association.
• Amendments to these terms and conditions will only come into effect after they have been published in the appropriate way, on the understanding that where amendments apply during the validity of an offer, the stipulation that is most favorable to the consumer will prevail
 
Address of the Dutch Thuiswinkel Organization: P.O. Box 7001, 6710 CB EDE, the Netherlands.
 
Rights can only be derived on the basis of the Dutch version of these general terms and conditions.


 

Article 19 - Additional or different terms

 

Additional or of these terms and conditions, may not be to the detriment of consumers and should be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

 

Article 20 - Amendments to the General Conditions IDIS

 

1. Thuiswinkel.org will not change these terms and conditions in consultation with the Consumers' Association.
2. Changes in these conditions are effective only after they are published in the appropriate way, provided that appropriate changes will prevail most favorable to the consumer during the term of an offer.

 


Thuiswinkel.org

 

www.thuiswinkel.org

 

Horaplantsoen 20, 6717 LT Ede

 

PO Box 7001, 6710 CB EDE

 

Annex I: withdrawal form

 

Withdrawal form

 


(Just fill in this form and return when you want to withdraw from the contract)

 


Download returns form


Terms for use of ‘Achteraf Betalen’:

1. You as a consumer are a resident in the Netherlands and as a customer you’ve purchased products and/or services from Buddha to Buddha Store with a billing and shipping address (no PO box) in the Netherlands;

2. You are 18 years or older;

3. To limit the financial risks of this payment option, your order will be reviewed at Focum Commerce BV. Based on this review, it is determined whether Buddha to Buddha Store accepts your application for paying afterwards. If this is not the case, you will be asked to complete your order through another payment option;

4. You agree that any (additional) information required for the application of your request for afterwards payment, is specified correctly and complete and you give permission to process your data and review your data online at Focum Commerce BV, so we can let you know instantly whether your application has been accepted;

5. You are required to inform Buddha to Buddha Store of any address and/or email address change. As long as we do have received an address change, you are deemed to be resident on the last known address. Regardless of whether or not communicating an address and/or email address change you remain to be required to pay the outstanding balance. Address and/or email address can be communicated by the website of Buddha to Buddha Store, by email or in writing to the Customer Service of Buddha to Buddha Store;

6. You agree that you have not applied for a suspension of payments or are in debt/mediation (according to the Dutch Act ‘Wet Schuldsanering Natuurlijke Personen’), are not bankrupt or placed under legal restraint and no proceeding is pending, which could result in bankruptcy, a suspension of payments or a placement under legal restraint.

Method of payment:

1. Buddha to Buddha Store has outsourced the processing of your payment to Buckaroo Online Payment Services BV (www.buckaroo.nl). If your application is accepted, you will receive an email from Buckaroo with a payment link on behalf of Buddha to Buddha Store in addition to the (digital) invoice. On both the invoice and in the email with payment link is indicated how you need to pay the bill (after receipt of the goods and/or services).

2. You acknowledge that Buckaroo offers services for the processing of online payments from you to Buddha to Buddha Store and that Buckaroo in that respect displays notifications and communications and/or will display and acts or will act on behalf of Buddha to Buddha Store, which as such by you is recognized as a valid and proper notice, notification and/or act from Buddha to Buddha Store.

3. At the aforementioned invoice is indicated how you (after receiving the goods and/or services) need to pay the bill. For your convenience you will receive an email from Buckaroo with a payment link, which you can use to pay the invoice. Always pay on time according to the instructions on the invoice or via the email with payment link. This prevents additional costs that you may be charged for after exceeding the payment term.

4. To receive the email with the payment link it’s important that you have provided a valid email address. If you have provided an incorrect email address, you will not receive the payment information via email. You need to check your provided email address accurately, and you need the check if you’ve received an email with the payment link from Buckaroo.


Payment Conditions and Payment term:

1. The amount of your purchases must be paid within a period of fourteen (14) days after date of invoice in full without any deduction or set-off, and must be received by Buckaroo Online Payment Services BV.

2. If the full invoice amount hasn’t been paid within fourteen (14) days after the invoice date, you are in default without further notice.

3. In case of late payment, Buddha to Buddha Store has the right to charge you for (increased) costs incurred in obtaining payment out of court. These incremental costs can increase to the statutory maximum reimbursement for costs incurred in obtaining payment out of court (extrajudicial). After charging additional costs you need to pay the entire invoice amount and the additional costs directly to avoid further (extra) judicial collection costs.

4. To send out a payment reminder and for charging additional costs for exceeding the payment term the email address will be used which you’ve provided and checked accurately. You will receive an email with a payment link. Not receiving, or not being able to receive an email, does not mean that you are not responsible anymore for the timely payment of the entire invoice amount and the charged additional costs.

5. If, despite summons and/or reminders you do not pay the whole amount (invoice amount and the charged additional costs), then Buddha to Buddha Store will assign, in accordance with these terms and conditions, the entire claim against you (the principal sum and charged additional costs) to Focum Commerce BV, thirty-five (35) days after date of invoice.

6. If a claim is assigned to Focum Commerce BV you’re responsible to pay the entire claim, the statutory maximum reimbursement for costs incurred in obtaining payment out of court (extrajudicial) and (possible) legal expenses, and also statutory interest on the outstanding amount from the due date. After the assignment Focum Commerce BV will contact you with information how you can pay and you will be kept responsible to pay the full outstanding amount.

7. After the assignment of the claim, you are required to inform Focum Commerce BV (or the hired debt collection agency) about any address and/or email change in the period that you are required to pay the amount due. As long as they do not have received any address change, you will be deemed to be resident on the last address known to us and you will remain bound to the outstanding amount of that moment. Communicating the address and/or email changes to Focum Commerce BV can be done by written notice. The address can be found on the website www.achterafbetalen.nl.

8. If you do not, do not completely or do not timely pay the full amount (invoice amount and the additional costs), it can affect any eventual approval from Focum Commerce BV for each additional application from you for ´Acteraf Betalen´.


Privacy Statement Focum Commerce and Focum Solutions BV:

By choosing the option ´Achteraf Betalen´ the information you entered and all payment experience(s) with you are stored in the database of Focum Commerce and Focum Solutions BV. Focum Commerce and Focum Solutions BV can use this data - whether in statistical form - for credit review, for acceptance in respect to your application for the option ‘Achteraf Betalen’, for preventing and reducing fraud, to limit financial risks for Focum Commerce, Focum Solutions BV and for Focum Commerce and/or Focum Solutions BV related companies and clients, for relationship management, for client analyzes, for strategic considerations and considerations from a management perspective, and to develop services and products or any other way as stated at ´het College Bescherming Persoonsgegevens (the Data Protection Agency).
Optionally, you will receive a written notice stating the reasons why Focum Commerce BV declined your request.