General Terms and Conditions of Thuiswinkel.org
These General Terms and Conditions of Thuiswinkel.org 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.
Click here for a PDF version of the General Terms of Thuiswinkel.org
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 - Customers’ obligations in case of withdrawal
Article 8 - Customers who exercise their right of withdrawal and the costs involved
Article 9 - Traders’ obligations in case of withdrawal
Article 10 - Precluding the right of withdrawal
Article 11 - The price
Artikel 12 - Contract fulfilment and extra guarantee
Article 13 - Delivery and implementation
Article 14 - Extended duration transactions: duration, termination and prolongation
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Branch guarantee
Article 19 - Additional or different stipulations
Article 20 - Amendment to the general terms and conditions of Thuiswinkel.org
Article 1 - Definitions
The following definitions apply in these terms and conditions:
- Supplementary agreement: an agreement in which a consumer obtains products, digital content and/or services via a distance contract, and a trader or a third party delivers these products, digital content and/or services in accordance with an agreement between that third party and the trader;
- Withdrawal period: the period within which a consumer can make use of his right of withdrawal;
- Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
- Day: calendar day;
- Digital content: data that are produced and supplied in digital form;
- Extended duration transaction: a distance contract relating 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 - including emails - that enables a consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period;
- Trader: a natural or legal person who is a member of Thuiswinkel.org and who offers products, (access to) digital content and/or services to consumers from a distance;
- Distance contract: a contract concluded between a trader and a consumer within the framework of system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
- Model form for right of withdrawal: the European model form for right of withdrawal that is included in Appendix I of these terms and conditions. The trader is not obliged to provide Appendix I if the consumer has no right of withdrawal with regard to his order;
- Technique for distance communication: means that can be used for communication regarding the offer made by the trader and concluding a contract, without the necessity of the consumer and trader being in the same place at the same time.
Article 2 - Identity of the trader
Name trader: Livv Mobile Health B.V.
trading under the name / names
- Livv Mobile Monitoring
- Livv Medisch Callcenter
- Livv Mobile Healht B.V.
Dokter Stolteweg 72
8025 AZ Zwolle
Telephone number: +31 (0) 085-0471570
How to reach Livv?
Opening hours are from Monday to Friday from 08.30 till 17.30 p.m
Email address: email@example.com
Chamber of Commerce number: 58124691
VAT identification number: NL852885039B01
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 a trader and to every distance contract that has been realized 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, in what way 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, digital content 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 contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.
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.
The trader will send to a consumer, at the latest when delivering a product, service or digital content, 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 doing so, or a clear statement relating to preclusion from the right of withdrawal;c. information on guarantees and existing after-sales service;d. the price, including all taxes on the product, service or digital content; the costs of delivery insofar as applicable, and the method of payment, delivery or implementing the distance contract;e. the requirements for terminating the contract, if the duration of the contract exceeds one year or if it is indefinite;f. if the consumer has a right of withdrawal, the model form for right of withdrawal.
In case of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
Upon delivery products
- When purchasing products, a consumer has the right to dissolve a contract, without giving reasons, during a period of at least 14 days. The trader is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).
The period stipulated in para. 1 commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:a. if the consumer has ordered several products: the day on which the consumer, or a third partydesignated by the consumer, received the last product. The trader may refuse a single order for several products with different delivery dates, provided he clearly informed the consumer of this prior to the ordering process.b. if the delivery of a product involves different deliveries or parts: the day on which the consumer, or a third party designated by the consumer, received the last delivery or the last part;c. with contracts for the regular delivery of products during a given period: the day on which the consumer, or a third party designated by the consumer, received the last product.
Upon delivery of services and digital content that is not supplied on a material medium:
A consumer has the right to dissolve a contract, without giving reasons, for the supply of digital content that is not supplied on a material medium during a period of at least fourteen days. The trader is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).
The period stipulated in para. 3 commences on the day after the contract was concluded.
Extended withdrawal period for products, services and digital content that is not supplied on a material medium in the event a consumer was not informed about the right of withdrawal:
If the trader did not provide the consumer with the statutorily obligatory information about the right of withdrawal or if the model form was not provided, the withdrawal period ends twelve months after the end of the originally stipulated withdrawal period based on the previous paragraphs of this article.
If the trader provided the consumer with the information referred to in the previous paragraph within twelve months of the commencing date of the original withdrawal period, the withdrawal period shall end 14 days after the day on which the consumer received the information.
Article 7 - Consumers’ obligations during the withdrawal period
- During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.
- The consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in para. 1.
- The consumer is not liable for the product’s devaluation if the trader did not provide him with all the statutorily obligatory information about the right of withdrawal before the contract was concluded.
Article 8 - Consumers who exercise their right of withdrawal and the costs involved
- A consumer who wants to exercise his right of withdrawal shall report this to the trader, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way.
- As quickly as possible, but no later than 14 days after the day of reporting as referred to in para. 1, the consumer shall return the product, or hand it over to (a representative of) the trader. This is not necessary if the trader has offered to collect the product himself. The consumer will in any case have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed.
- The consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
- The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer.
- The consumer bears the direct costs of returning the product. If the trader has not declared that the consumer shall bear these costs or if the trader indicates a willingness to bear these costs himself, then the consumer shall not be liable to bear the costs of returning goods.
- If the consumer exercises his right of withdrawal, after first explicitly having asked that the service provided or the delivery of gas, water or electricity not prepared for sale shall be implemented in a limited volume or a given quantity during the period of withdrawal, the consumer shall owe the trader a sum of money that is equivalent to that proportion of the contract that the trader has fulfilled at the moment of withdrawal, in comparison with fulfilling the contract entirely.
The consumer shall bear no costs for implementing services or the supply of water, gas or electricity not prepared for sale – in a limited volume or quantity – or for delivering city central heating, if:a. the trader did not provide the consumer with the statutorily obligatory information about the right of withdrawal, the costs payable in the event of withdrawal or the model form for right of withdrawal, or:b. the consumer did not explicitly ask about the commencement of implementing the service or the delivery of gas, water, electricity or city central heating during the period of withdrawal.
The consumer shall bear no costs for the entire or partial supply of digital content that is not supplied on a material medium, if:a. prior to delivery, he did not explicitly agree to commencing fulfilment of the contract before the end of the period of withdrawal;b. he did not acknowledge having lost his right of withdrawal upon granting his permission; orc. the trader neglected to confirm this statement made by the consumer.
- If a consumer exercises his right of withdrawal, all supplementary agreements are legally dissolved.