Article 1Definitions

In these terms and conditions, the following definitions apply:

1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
2. Withdrawal period: the period within which the consumer may exercise the right of withdrawal;
3. Consumer: the natural person who does not act for purposes relating to their trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Continuous performance contract: a contract for the regular supply of goods, services and/or digital content over a certain period;
7. Durable medium: any instrument — including email — that enables the consumer or entrepreneur to store information addressed personally to them in a way accessible for future reference for a period appropriate to the purpose, and which allows unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer’s option to withdraw from the distance contract within the withdrawal period;
9. Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and offers products and/or (access to) digital content and/or services to consumers at a distance;
10. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organised system for distance sales of products, digital content and/or services, whereby up to and including the conclusion of the contract exclusive or additional use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms. Annex I does not have to be provided if the consumer has no right of withdrawal in respect of their order;
12. Means for distance communication: a means that can be used for concluding a contract without the consumer and entrepreneur having to be in the same place at the same time.

Article 2Identity of the entrepreneur

Moncif Klussenbedrijf, trading as WTW Store

1. Website: www.wtwstore.com
2. Registered address: Prinses Beatrixlaan 29, 2224 XG Katwijk ZH, The Netherlands
3. Visiting address: same as registered address
4. Phone number: +31 8 060 22 97
5. Email address: info@wtwstore.com
6. Chamber of Commerce (TAX) number: 78 758 343
7. VAT identification number: NL003379382B82

If the entrepreneur’s activities are subject to a relevant licensing system, details of the supervisory authority will be provided to the consumer upon request.

If the entrepreneur exercises a regulated profession:

1. the professional association or organisation with which they are affiliated;
2. the professional title, and the place in the EU or the European Economic Area where it was granted;
3. a reference to the professional rules applicable in the Netherlands and instructions on where and how these rules can be accessed.

Article 3Applicability

1. These terms and conditions apply to every offer made by 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 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 — how the terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, the text of these terms and conditions may, by way of exception to the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated where the terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon the consumer’s request.
4. If specific product or service conditions also apply in addition to these terms and conditions, paragraphs 2 and 3 apply accordingly, and in the event of conflicting terms the consumer may always invoke the provision that is most favourable to them.

Article 4The offer

1. If an offer has a limited period of validity or is 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 being offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, they are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer.

Article 5The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. Within the legal framework, the entrepreneur may obtain information about whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the contract, they are entitled to refuse an order or application with reasons, or to attach special conditions to the performance.
5. No later than upon delivery of the product, service or digital content to the consumer, the entrepreneur will provide the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
   1. the visiting address of the entrepreneur’s establishment where the consumer can submit complaints;
   2. 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;
   3. information about warranties and existing after-sales service;
   4. the price including all taxes of the product, service or digital content; where applicable the cost of delivery; and the method of payment, delivery or performance of the distance contract;
   5. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
   6. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuous performance contract, the provision in the previous paragraph applies only to the first delivery.

Article 6Right of withdrawal

For products:

1. The consumer may dissolve an agreement relating to the purchase of a product during a withdrawal period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state their reason(s).
2. The withdrawal period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
   1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided the entrepreneur has clearly informed the consumer prior to the ordering process;
   2. if delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;
   3. for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, received the first product.

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

3. The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during a withdrawal period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state their reason(s).
4. The withdrawal period referred to in paragraph 3 commences on the day after the agreement is concluded.

Extended withdrawal period for products, services and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:

5. If the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the withdrawal period expires twelve months after the end of the original withdrawal period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur provides the information referred to in the previous paragraph to the consumer within twelve months of the start date of the original withdrawal period, the withdrawal period expires 14 days after the day on which the consumer received that information.

Article 7Consumer obligations during the withdrawal period

1. During the withdrawal period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
2. The consumer is only liable for diminished value of the product resulting from handling of the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for diminished value of the product if the entrepreneur has not provided the consumer with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8Exercising the consumer’s right of withdrawal and the costs thereof

1. If the consumer exercises the right of withdrawal, they will notify the entrepreneur within the withdrawal 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 returns the product or hands it to (an authorised representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product themselves. The consumer has observed the return period in any event if the product is returned before the withdrawal period has expired.
3. The consumer returns the product with all supplied accessories, if reasonably possible in its 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 lies with the consumer.
5. The consumer bears 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 they will bear the costs themselves, the consumer does not have to bear the costs of return.
6. If the consumer withdraws after first expressly requesting that the performance of the service or the supply of gas, water or electricity that is not prepared for sale in a limited volume or specific quantity begins during the withdrawal period, the consumer owes the entrepreneur an amount proportional to that part of the obligation performed by the entrepreneur at the time of withdrawal, compared to full performance of the obligation.
7. The consumer does not bear any costs for the performance of services or supply of water, gas or electricity that is not prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
   1. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form; or
   2. the consumer has not expressly requested commencement of the performance of the service or supply of gas, water, electricity or district heating during the withdrawal period.
8. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
   1. prior to delivery, the consumer did not expressly agree to the commencement of performance of the agreement before the end of the withdrawal period;
   2. the consumer did not acknowledge losing the right of withdrawal by giving consent; or
   3. the entrepreneur failed to confirm the consumer’s statement.
9. If the consumer exercises the right of withdrawal, all additional agreements are dissolved by operation of law.

Article 9Entrepreneur obligations upon withdrawal

1. If the entrepreneur allows the consumer to notify withdrawal electronically, they will send an acknowledgement of receipt promptly after receiving such notification.
2. The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, promptly and no later than 14 days after the day on which the consumer notifies the entrepreneur of the withdrawal. Unless the entrepreneur offers to collect the product themselves, the entrepreneur may withhold reimbursement until they have received the product or until the consumer provides proof that the product has been returned, whichever is earlier.
3. The entrepreneur uses the same means of payment for reimbursement as the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
4. If the consumer chose a more expensive delivery method than the least expensive standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur 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 means 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:
   1. performance has begun with the consumer’s prior express consent; and
   2. the consumer has declared that they lose the right of withdrawal once the entrepreneur has fully performed the agreement;
4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport contracts;
5. Service agreements for providing accommodation where the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
6. Agreements relating to leisure activities where the agreement provides for a specific date or period of performance;
7. Products manufactured according to the consumer’s specifications, which are not prefabricated and which are produced on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
8. Products that 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, after delivery, are inseparably mixed with other products by their nature;
11. Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
12. Sealed audio and video recordings and computer software, whose seal has been broken after delivery;
13. Newspapers, magazines or periodicals, with the exception of subscriptions to these;
14. The supply of digital content other than on a tangible medium, but only if:
    1. performance has begun with the consumer’s prior express consent; and
    2. the consumer has declared that they thereby lose their right of withdrawal.

Article 11The 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. By way of exception to 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, at variable prices. This dependency on fluctuations and the fact that any prices stated are indicative 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:
   1. they are the result of statutory regulations or provisions; or
   2. the consumer is authorised to terminate the agreement as of the day the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

Article 12Performance of 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 statutory 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 use other than normal use.
2. Any additional warranty provided by the entrepreneur, their supplier, manufacturer or importer never limits the statutory rights and claims the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to perform their part of the agreement.
3. An additional warranty means any undertaking by the entrepreneur, their supplier, importer or producer whereby they grant the consumer certain rights or claims that go beyond what they are legally obliged to do if they have failed to perform their part of the agreement.

Article 13Delivery and performance

1. The entrepreneur will exercise 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. With due observance of what is stated in Article 4 of these 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 delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed of this at the latest 30 days after placing the order. In that case, the consumer is entitled to dissolve the agreement free of charge and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will promptly refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14Duration transactions: duration, termination and renewal

Termination:

1. The consumer may terminate an agreement entered into for an indefinite period that provides for the regular delivery of products (including electricity) or services at any time, subject to 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 fixed period that provides for the regular delivery of products (including electricity) or services at any time at the end of the fixed period, subject to 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:
   • at any time and not be limited to termination at a particular time or during a particular period;
   • at least in the same manner as they were entered into by the consumer;
   • always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal:

4. A fixed-term agreement that provides for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
5. By way of exception to the previous paragraph, a fixed-term agreement that provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate the renewed agreement at the end of the renewal with a notice period of no more than one month.
6. A fixed-term agreement that provides for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement provides for delivery of daily, news and weekly newspapers and magazines on a regular basis, but less than once per month.
7. An agreement of limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and ends 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 duration.

Article 15Payment

1. Unless otherwise provided in the agreement or additional conditions, amounts owed by the consumer must be paid within 14 days after the withdrawal period starts, or if there is no withdrawal period, within 14 days after the agreement is concluded. In the case of a service agreement, this period begins on the day after the consumer receives confirmation of the agreement.
2. In the sale of products to consumers, the consumer may never be obliged in the general terms and conditions to make an advance payment of more than 50%. If an advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.
3. The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. If the consumer does not meet their payment obligation(s) on time, after the entrepreneur has informed the consumer of the late payment and granted the consumer a period of 14 days to still meet their payment obligations, the consumer will owe statutory interest on the outstanding amount from the day after receipt of the reminder, and the entrepreneur is entitled to charge the consumer the extrajudicial collection costs incurred. 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 these amounts and percentages in favour of the consumer.

Article 16Complaints procedure

1. The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this 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 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the entrepreneur’s service can also be submitted via a complaint form on the consumer page of the Thuiswinkel.org website. The complaint will then be sent to both the relevant entrepreneur and to Thuiswinkel.org.
5. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the disputes procedure.

Article 17Disputes

1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these terms and conditions relate. If the entrepreneur directs their activities to the country where the consumer lives, the consumer may also always invoke the mandatory consumer law of their country.
2. Disputes between the consumer and the entrepreneur regarding the conclusion or performance of agreements relating to products and services to be supplied by this entrepreneur may, with due observance of the provisions below, be submitted by either the consumer or the entrepreneur to the Disputes Committee Thuiswinkel, P.O. Box 90600, 2509 LP The Hague (www.sgc.nl).
3. A dispute will only be handled by the Disputes Committee if the consumer has first submitted their 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 will notify the entrepreneur of this first.
6. If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must state in writing within five weeks after a written request by the entrepreneur whether they also wish to do so or whether they want the dispute to be handled by the competent court. If the entrepreneur does not learn of the consumer’s choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
7. The Disputes Committee gives a ruling under the conditions set out in the regulations of the Disputes Committee. The decisions of the Disputes Committee are given by way of binding advice.
8. The Disputes Committee will not handle a dispute or will discontinue handling if the entrepreneur has been granted a suspension of payments, has been declared bankrupt, or has actually ceased business activities, before a dispute has been heard at the committee’s session and a final decision has been rendered.
9. If, in addition to the Disputes Committee Thuiswinkel, another recognised disputes committee affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Disputes Committee Thuiswinkel is preferably competent for disputes mainly concerning the method of distance selling or service provision. For all other disputes, the other recognised disputes committee affiliated with SGC or Kifid.

Article 18Industry guarantee

1. Thuiswinkel.org guarantees compliance by its members with the binding advice of the Disputes Committee Thuiswinkel, unless the member decides to submit the binding advice to the court for review within two months after it has been sent. This guarantee revives if the binding advice, after judicial review, has been upheld and the judgment showing this has become final and conclusive. Up to a maximum amount of €10,000 per binding advice, this amount will be paid out by Thuiswinkel.org to the consumer. For amounts exceeding €10,000 per binding advice, €10,000 will be paid out. For the remainder, Thuiswinkel.org has an obligation of 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 they assign their claim on the entrepreneur to Thuiswinkel.org. If the claim on the entrepreneur exceeds €10,000, the consumer will be offered to assign their claim to Thuiswinkel.org for the part that exceeds €10,000, after which this organisation will, in its own name and at its own expense, claim payment in court to satisfy the consumer.

Article 19Additional or deviating provisions

Additional provisions or provisions deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.

Article 20Amendments to the Thuiswinkel Terms and Conditions

1. Amendments to these terms and conditions are only effective after they have been published in an appropriate manner, with the understanding that in the event of applicable amendments 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 • P.O. Box 7001, 6710 CB Ede

Annex IModel withdrawal form

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

– To: Moncif Klussenbedrijf (WTW Store)
  Prinses Beatrixlaan 29
  2224 XG Katwijk ZH
  Email: info@wtwstore.com

– I/We* hereby inform you that I/we* withdraw from our agreement regarding
  the sale of the following products:

– Ordered on*/received on* [date of order for services or date of receipt for products]

– [Name of consumer(s)]
– [Address of consumer(s)]
– [Signature of consumer(s)] (only if this form is submitted on paper)
– [Date]

* Delete what does not apply or complete what applies.