Terms and Conditions

These General Conditions have been established in consultation with the Consumer Union under the Coordination Group Self-Regulatory Consultations (CZ) of the Social Economic Council and shall enter into force on 1 June 2014.

 

Contents:

Article   1 - Definitions

Article   2 - Identity of the entrepreneur

Article   3 - Applicability

Article   4 - The offer

Article   5 - The Agreement

Article   6 - Revocation law

Article   7 - Consumer obligations during the time of reflection

Article   8 - Exercise of the right of withdrawal by the consumer and its costs

Article   9 - Obligations of the entrepreneur in the event of revocation

Article 10 - Revocation law exclusion

Article 11 - The price

Article 12 - Compliance and additional guarantee

Article 13 - Supply and implementation

Article 14 - Duration transactions: duration, notice and extension

Article 15 - Payment

Article 16 - Complaint scheme

Article 17 - Disputes

Article 18 - Additional or derogatory provisions

 

Article 1 - Definitions

For the purposes of these conditions:

1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a remote agreement and these matters, digital content and/or services by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;

2. Recall time: the time limit for the consumer to use his right to withdraw;

3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;

4. Day: calendar day;

5. Digital content: data produced and supplied in digital form;

6. Duration agreement shall mean an agreement aimed at the regular delivery of business, services and/or digital content for a given period;

7. Sustainable data carrier: any tool - including email included - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use over a period tailored to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;

8. Revocation right: the consumer's ability to waive the remote agreement within the time of reflection;

9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or remote services to consumers;

10. Remote Agreement: an agreement concluded between the entrepreneur and the consumer under an organised system for the remote sale of products, digital content and/or services, using one or more remote communication techniques solely or co-operating until the conclusion of the Agreement;

11. Revocation model form: the European withdrawal model form set out in Annex I to these conditions; Annex I does not need to be made available if the consumer does not have a right of revocation in respect of his order;

12. Remote communication technology: means that can be used to conclude an agreement without having to converge simultaneously in the same space.

 

Article 2 - Identity of the entrepreneur

Entrepreneur: Framewerk B.V.

Acting under the name:

-       Framewell (www.framewell.com)

Restriction address:

Johan Huizingalaan 400

1066 JS Amsterdam

Visit only by appointment.

Phone number: 020 8932306

Reachability:

Monday to Friday from 9 a.m. to 8 p.m.

Email address: hi@framewell.com

KvK number: 70115907

VAT number: NL858148572B01

 

Article 3 - Applicability

1. These general conditions shall apply to any offer of the entrepreneur and to any distanced agreement between the entrepreneur and the consumer.

2. Before the remote agreement is concluded, the text of these general conditions shall be made available to consumers. If this is not reasonably possible, the operator shall specify, before the remote agreement is concluded, the manner in which the general conditions are to be seen to the entrepreneur and that they are sent free of charge at the request of the consumer as soon as possible.

3. If the remote agreement is concluded electronically, by way of derogation from the previous paragraph and before the remote agreement is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple way on a sustainable data carrier. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated where the general conditions can be taken into account electronically and that they will be sent free of charge by electronic means or otherwise at the request of the consumer.

4. In the case where specific conditions of product or service apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and, in the case of conflicting conditions, the consumer may always rely on the applicable provision most favourable to him.

Article 4 - The offer

1. If an offer has a limited period of validity or is made under conditions, it shall be emphatically indicated in the offer.

2. The offer contains a complete and precise description of the products offered, digital content and/or services. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products, services and/or digital content offered. Obvious errors or apparent errors in the offer do not bind the entrepreneur.

3. Each offer contains information such that it is clear to the consumer what the rights and obligations are linked to the acceptance of the offer.

Article 5 - The Agreement

1. The agreement shall be concluded at the time of acceptance by the consumer of the offer and of the conditions laid down therein, subject to the provisions of paragraph 4.

2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately acknowledge the receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

3. If the agreement is established electronically, the entrepreneur shall take appropriate technical and organisational measures to ensure the electronic data transfer and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will respect appropriate safety measures.

4. The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet his commitments and all those facts and factors that are relevant to the reliability of the remote agreement. If the economic operator has good grounds for not entering into the agreement on the basis of this investigation, he is entitled to refuse an order or application or to undertake special conditions to implement it.

5. The entrepreneur shall, at the latest, provide the following information to the consumer in writing or in such a way that it can be stored by the consumer in an accessible way on a sustainable data carrier:

       a. the visit address of the business owner where the consumer can be entitled to complain;

   (b) the conditions under which and the way in which the consumer can use the right of withdrawal or a clear notification of the possibility of being excluded from the right of withdrawal;

   c. the information on guarantees and existing post-purchase service;

   (d) the price including all taxes on the product, service or digital content; where applicable the costs of delivery; and the mode of payment, delivery or execution of the remote agreement;

   e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration;

   f. if the consumer has a right of withdrawal, the model form for withdrawal.

6. In the case of a duration transaction, the provision in paragraph 1 shall apply only to the first delivery.

Article 6 – Revocation law

In the case of products:

1. The consumer may dissolve an agreement regarding the purchase of a product for a period of 30 days without a reasoning. The entrepreneur may ask the consumer about the reason for withdrawal, but may not require the consumer to give his reason(s).

2. The period of reflection referred to in paragraph 1 shall begin on the day after the consumer, or a third party designated by the consumer, which is not the carrier, has received the product, or:

       a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may refuse to order several products with different delivery time, provided that he has informed the consumer of this in a clear way prior to the ordering process.

   (b) if the supply of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, has received the last consignment or the last consignment;

   c. in the case of agreements for regular delivery of products during a given period: the day on which the consumer, or a third party designated by him, received the first product.

In the case of services and digital content not supplied on a material carrier:

3. The consumer may dissolve a service agreement and a digital content delivery agreement that has not been delivered on a material carrier for 30 days without a reasoning. The entrepreneur may ask the consumer about the reason for withdrawal, but may not require the consumer to give his reason(s).

4. The period of reflection referred to in paragraph 3 shall be the day following the conclusion of the Agreement.

Extensive time of reflection for products, services and digital content not supplied on a material carrier when not informing about revocation rights:

5. If the entrepreneur has not provided the consumer with the legally mandatory information on the right of withdrawal or the withdrawal model form, the period of reflection shall expire 12 months after the end of the original period, fixed in accordance with the previous paragraphs of this Article.

6. If the entrepreneur has provided the information referred to in paragraph 1 to the consumer within 12 months of the date of entry into force of the original period of reflection, the period of reflection shall expire 30 days after the date on which the consumer has received that information.

Article 7 - Consumer obligations during the time of reflection

1. During the time of reflection, the consumer will carefully deal with the product and packaging. It will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer should only handle and inspect the product as he would be allowed to do in a store.

2. The consumer shall be liable only for depreciation of the product resulting from a way of handling the product beyond the permitted in paragraph 1.

3. The consumer shall not be liable for depreciation of the product if the entrepreneur has not provided it with all legally mandatory information on the right of withdrawal before or upon the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and its costs

1. If the consumer uses his right of withdrawal, he shall notify it within the time limit by means of the model form for revocation or in any other unequivocal manner to the entrepreneur.

2. As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised person) the entrepreneur. This does not need if the entrepreneur has offered to take the product off himself. The consumer has at least observed the time limit for return if he returns the product before the time of reflection has passed.

3. The consumer shall return the product with all the supplies supplied, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

4. The risk and burden of proof for the proper and timely exercise of the right of withdrawal lies with the consumer.

5. The consumer shall bear the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that the costs themselves are borne, the consumer does not have to bear the costs for return.

6. If the consumer withdraws after expressly requesting that the provision of the service or the supply of gas, water or electricity not ready for sale start at a limited volume or certain quantity during the period of reflection, the consumer shall owe the entrepreneur an amount proportionate to that part of the undertaking which the entrepreneur has fulfilled at the time of revocation compared to the complete fulfilment of the undertaking.

7. The consumer shall not bear any costs incurred in the performance of services or the supply of water, gas or electricity, which are not ready for sale in a limited volume or quantity, or in the supply of urban heating, if:

      a. the entrepreneur has not provided the consumer with legally required information on the right of withdrawal, the revocation fee or the revocation model form; or;

   (b) the consumer did not expressly request the commencement of the service or the supply of gas, water, electricity or urban heating during the time of reflection.

8. The consumer shall not bear a cost of the complete or partial delivery of digital content not supplied on a material carrier if:

       (a) he did not expressly agree, prior to the delivery of the contract, to commence the completion of the contract before the end of the period of reflection;

   (b) he has not recognised that he has lost his right of withdrawal when granting his consent; or

   c. the entrepreneur has failed to confirm this consumer statement.

9. If the consumer uses its right to withdraw, all additional agreements will be dissolved by law.

Article 9 - Obligations of the entrepreneur when withdrawal

1. If the entrepreneur makes it possible to inform the consumer of withdrawal electronically, he shall immediately send a receipt after receiving this notification.

2. The entrepreneur shall 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 date on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to remove the product himself, he may wait to pay back until he has received the product or to show the consumer that he has returned the product, as at what time before it falls.

3. The entrepreneur uses the same means of payment that the consumer has used for reimbursement unless the consumer agrees to another method. The reimbursement is free of charge for consumers.

4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay the additional cost for the more expensive method.

Article 10 - Revocation law exclusion

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 time for the conclusion of the agreement,:

1. Products or services whose price is bound by fluctuations on the financial market to which the economic operator has no influence and which may occur within the period of withdrawal

2. Agreements concluded at a public auction. A public auction shall mean a method of sale whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is present personally or is given the opportunity to be present personally at the auction, led by an auctioneer, and where the successful bidder is obliged to take down the products, digital content and/or services;

3. Service agreements, after full performance of the service, but only if:

   

   (a) implementation has begun with express prior agreement from the consumer; and

   (b) the consumer has declared that he is losing his right of withdrawal once the entrepreneur has fully implemented the agreement;

4. Package trips referred to in Article 7:500 BW and passenger transport agreements;

5. Service agreements for the provision of accommodation, if the agreement provides for a specified date or period of implementation and other than for residential purposes, freight, car rental services and catering;

6. Agreements relating to leisure activities, where the Agreement provides for a specified date or period of implementation thereof;

7. Products manufactured by consumer specifications, which are not prefabricated and manufactured on the basis of individual choice or decision of the consumer, or which are clearly intended for a specific person;

8. Products that spoil rapidly or have limited shelf life;

9. Sealed products which are not suitable for retransmission for health or hygiene reasons and which have been sealed after delivery;

10. Products which are irrevocably mixed with other products after delivery by their nature;

11. Alcoholic beverages the price of which has been agreed upon upon when the contract is concluded but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations of the market to which the entrepreneur has no influence;

12. Sealed audio, video recordings and computer software, the sealing of which has been broken after delivery;

13. Newspapers, magazines or magazines, except subscriptions;

14. The delivery of digital content other than on a material carrier, but only if:

   (a) implementation has begun with express prior agreement from the consumer; and

   (b) the consumer has stated that he is losing his right to withdraw.

Article 11 - The price

1. During the period of validity of the offer, prices of the products and/or services offered shall not be increased, except as a result of changes in VAT rates.

2. By way of derogation from the previous paragraph, the economic operator may offer variable prices with variable prices products or services whose prices are bound by fluctuations on the financial market and which the economic operator does not affect. This tide to fluctuations and the fact that prices may be targeted shall be indicated in the offer.

3. Price increases within 3 months of the conclusion of the Agreement shall be permitted only if they result from legislation or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed and:

   (a) they are the result of legislation or provisions; or

   (b) the consumer has the power to terminate the agreement from the date on which the price increase enters.

5. The prices mentioned in the supply of products or services include VAT.

Article 12 - Compliance agreement and additional guarantee

1. The entrepreneur shall ensure that the products and/or services comply with the agreement, the specifications set out in the offer, with reasonable requirements of soundness and/or usability and with the legal provisions and/or public rules existing at the date of the conclusion of the Agreement. If agreed, the entrepreneur shall also ensure that the product is suitable for other than normal use.

2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer shall not restrict the legal rights and claims which the consumer may apply to the entrepreneur under the agreement if the entrepreneur has failed to comply with his part of the agreement.

3. Additional guarantees shall mean any undertaking of the entrepreneur, his subcontractor, importer or producer in which it grants to the consumer certain rights or claims beyond what it is legally required to do in the event of a failure to fulfil its part of the agreement.

Article 13 - Supply and implementation

1. The entrepreneur will take the utmost care when receiving and carrying out orders of products and in assessing applications for the provision of services.

2. The place of delivery shall be the address given to the entrepreneur by the consumer.

3. Subject to the provisions of Article 4 of these general conditions, the operator shall carry out accepted orders with appropriate speed but not later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be carried out or only partially, the consumer shall receive notice of such delivery not later than 30 days after the delivery has been made. In this case, the consumer shall have the right to dissolve the agreement without costs and to obtain any compensation.

4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount paid by the consumer.

5. The risk of damage and/or loss of products shall be vested in the entrepreneur until the time of delivery to the consumer or a pre-designated representative, known to the entrepreneur, unless expressly otherwise agreed.

Article 14 - Duration transactions: duration, notice and extension

Denunciation:

1. The consumer may terminate at any time an agreement entered into indefinitely and intended to provide products (including electricity) or services regularly, subject to agreed notice rules and a notice period not exceeding one month.

2. The consumer may terminate an agreement entered into for a specified period and intended to provide products (including electricity) or services regularly at any time by the end of the specified period, taking into account agreed termination rules and a period of notice of not more than one month.

3. The consumer may:

   

   a. cancel at all times and not be limited to notice at a given time or during a given period;

   b. at least cancel in the same way as they have been entered into by him;

   c. always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension:

4. An agreement concluded for a specified period and intended to provide products (including electricity) or services regularly shall not be tacitly renewed or renewed for a specified period.

5. By way of derogation from the previous paragraph, an agreement entered into for a specified period and intended to provide regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a period of up to three months, if the consumer can cancel this extended agreement by the end of the extension by a period of notice not exceeding one month.

6. An agreement entered into for a specified period and intended to provide products or services on a regular basis may only be tacitly extended for an indefinite period if the consumer is allowed to cancel at any time with a notice period not exceeding one month. The notice period shall not exceed three months in the event of the agreement being settled, but less than once a month, delivering daily, news and weekly magazines.

7. A limited-term agreement to the regular delivery of daily, news and weekly newspapers and magazines (test or notification subscription) shall not continue tacitly and shall automatically end after the trial or notice period.

 

Duration:

8. If an agreement has a duration of more than one year, the consumer may, after one year, cancel the agreement at any time with a notice period not exceeding one month, unless reasonableness and equity oppose denunciation before the end of the agreed duration.

Article 15 - Payment

1. Where no other provision is made in the agreement or additional conditions, the amounts due by the consumer shall be met within 14 days of the date of entry into the preamble, or in the absence of a period of reflection within 14 days of the conclusion of the agreement. In the event of a service contract, that period shall begin on the day after the consumer has received confirmation of the agreement.

2. In the case of the sale of products to consumers, the consumer may not, in general terms, be obliged to pay more than 50% in advance. Where prepayment is made, the consumer cannot exercise any right in respect of the execution of the order or service(s) concerned before the stipulated advance payment has taken place.

3. The consumer shall have a duty to report to the entrepreneur without delay incorrect information in the payment data provided or mentioned.

4. If the consumer does not comply with its payment obligations in good time, after being informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to fulfil his payment obligations after the absence of payment within the 14-day period, the amount still due shall be legally charged and the entrepreneur shall be entitled to pay the amount he has made. extrajudicial collection costs to be charged. This collection cost is up to: 15% over outstanding amounts up to €2,500,=; 10% over subsequent €2,500,= and 5% over the following €5,000,= with a minimum of €40,=. The economic operator may deviate from the said amounts and percentages to the benefit of the consumer.

Article 16 - Complaint scheme

1. The entrepreneur shall have a sufficiently publicised complaint procedure and shall deal with the complaint in accordance with this complaint procedure.

2. Complaints about the implementation of the agreement must be submitted to the entrepreneur in full and clearly defined time after the consumer has found the defects.

3. Complaints lodged with the entrepreneur shall be answered within 14 days of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall reply within the 14-day period with a receipt notice and an indication when the consumer can expect a more comprehensive response.

4. The consumer should at least give the entrepreneur 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute is arose which is liable to the dispute settlement.

Article 17 - Disputes

1. Agreements between the entrepreneur and the consumer covered by these general conditions shall apply only to the Netherlands law.

2. A dispute shall be dealt with by the Dispute Commission only if the consumer has first submitted his complaint to the entrepreneur within a time-limit.

3. If the complaint does not lead to a solution, the dispute must be brought before the Dispute Committee not later than 12 months after the date on which the consumer lodged the complaint with the entrepreneur, in writing or in any other form to be determined by the Commission.

4. If the consumer wants to submit a dispute to the Dispute Commission, the entrepreneur is bound by this choice. Preferably, the consumer first reports this to the entrepreneur.

5. If the entrepreneur wishes to submit a dispute to the Dispute Commission, the consumer will have to make a written request within five weeks of a request made by the entrepreneur in writing, in writing, whether he wishes to do so or have the dispute dealt with by the competent court. If the entrepreneur does not take the choice of the consumer within the five-week period, the entrepreneur shall be entitled to submit the dispute to the competent court.

6. The Dispute Commission shall decide under the conditions laid down in the Rules of Procedure of the Dispute Commission (www.degeschillencommissie.nl/over-ons/de-commissies/2404/home shop). The decisions of the Dispute Commission shall be taken by binding opinion.

7. The Dispute Commission will not deal with a dispute or discontinue the treatment if the entrepreneur has been granted a grant of payment, it has become in a state of bankruptcy or has effectively ended his business activities, before a dispute has been dealt with at the session by the committee and a final ruling has been given.

Article 18 - Additional or derogatory provisions

Additional or derogating provisions of these general conditions may not be to the detriment of the consumer and should be written or in such a way as to enable consumers to store them in an accessible way on a sustainable data carrier.