These General Terms and Conditions of Stichting Webshop Keurmerk have been drawn up in consultation with the Consumers' Association within the framework of the Coordination Group Self-Regulation Consultation (CZ) of the Socio-Economic Council and will enter into force on 1 June 2014.

These General Terms and Conditions will be used by all members of Stichting Webshop Keurmerk with the exception of financial services as referred to in the Financial Supervision Act and insofar as these services are supervised by the Netherlands Authority for the Financial Markets.

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The Agreement

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the reflection period

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

Article 9 - Obligations of the entrepreneur in case of withdrawal

Article 10 - Exclusion of right of withdrawal

Article 11 - The price

Article 12 - Compliance and additional guarantee

Article 13 - Delivery and performance

Article 14 - Duration transactions: duration, termination and renewal

Article 15 - Payment

Article 16 - Complaints Mechanism

Article 17 - Disputes

Article 18 - Branch guarantee

Article 19 - Additional or different provisions

Article 20 - Amendments to the general terms and conditions of Stichting Webshop Keurmerk

 


Article 1 - Definitions

For the purposes of these terms and conditions:

  1. Additional agreement: an agreement in which the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  2. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or professional activity;
  4. Day: calendar day;
  5. Digital content: data produced and supplied in digital form;
  6. Perpetual contract: a contract for the regular supply of goods, services and/or digital content over a specified period of time;
  7. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation or use during a period that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
  8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
  9. Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers (access to) digital content and/or services at a distance to consumers;
  10. Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content and / or services, up to and including the conclusion of the agreement exclusively or jointly use one or more means of distance communication;
  11. Model revocation form: the European model revocation form included in Appendix I of these terms and conditions;
  12. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time;

 


Article 2 - Identity of the entrepreneur

Name entrepreneur : GolfDriver Europe BV

Business address: Daltonstraat 37 - 3335LR in Zwijndrecht
Visiting address: Daltonstraat 37 - 3335LR in Zwijndrecht
E-mail address: [email protected]
Chamber of Commerce number: 73807591
VAT identification number: NL 8596.71.070.B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will, before the remote agreement is concluded, indicate how the general terms and conditions can be viewed by the entrepreneur and that they will be sent to the consumer free of charge as soon as possible at the consumer's request.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier, contrary to the previous paragraph and before the distance contract is concluded. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
  4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting terms and conditions.

 


Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer properly. If the entrepreneur uses images, these are a true representation of the offered products, services and/or digital content. Obvious mistakes or apparent errors in the offer are not binding for the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

 


Article 5 - The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.
  2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is made electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe internet environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can, within the legal framework, inform himself if the consumer can meet his payment obligations, as well as all those facts and factors which are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
    At the latest upon delivery of the product, service or digital content to the consumer,
  5. the entrepreneur will send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

a. the visiting address of the establishment of the entrepreneur to which the consumer can turn with complaints;

b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement about being excluded from the right of withdrawal;

c. the information about guarantees and existing service after purchase;

d. the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;  

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

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

  1. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

 


Article 6 - Right of withdrawal

Returning
 
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire,or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us: GolfDriver Europe BV, Daltonstraat 37, 3335LR, Zwijndrecht, [email protected], +31 085 - 0602099 of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
Effects of cancellation If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
 
The right to cancel does not exist for the following contracts:

• Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.

• Contracts for the supply of goods which are liable to deteriorate or expire rapidly.

• Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

• Contracts for the supply of goods which are, after delivery, according to their nature,
inseparably mixed with other items.

• Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.

• Contracts for the supply of alcoholic beverages, the price of which has been agreed at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader.

• Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.

• Contracts for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.
 

 


Article 11 - The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. This obligation to fluctuate and the fact that any prices quoted are target prices will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

a. they are the result of legal regulations or provisions; or

b. the consumer has the right to terminate the contract from the day on which the price increase takes effect.

  1. The prices mentioned in the offer of products or services are inclusive of VAT.

 


Article 12 - Fulfilment of the agreement and extra guarantee

  1. The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfil his part of the agreement.
  3. By extra guarantee is meant every commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what the consumer is legally obliged to in case he has failed in the fulfilment of his part of the contract.

 


Article 13 - Delivery and execution

  1. The entrepreneur will take the greatest possible care in receiving and executing orders for products and in assessing requests for the provision of services.
  2. The place of delivery shall be the address which the consumer has given to the entrepreneur.
  3. Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders expeditiously but at the latest between 1 and 3  business days, unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be carried out or can only be carried out partially, the consumer shall be informed of this within 1 to 3 business days after he has placed the order. In that case, the consumer has the right 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 immediately 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 appointed in advance and announced to the entrepreneur, unless explicitly agreed otherwise.

 


Article 14 - Duration transactions: duration, cancellation and extension

Denunciation:

  1. The consumer may terminate an open-ended contract for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice of up to one month.
  2. The consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time at the end of the fixed-term, subject to the agreed termination rules and a notice of up to one month.
  3. The consumer may terminate the agreements referred to in the previous paragraphs:

- terminate at any time and not be limited to termination at a specific time or in a specific period;

- at least terminate them in the same way as they have been entered into by the consumer;

- always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension:

  1. A contract that has been entered into for a definite period and that is intended for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
  2. Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily, weekly and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this renewed contract at the end of the renewal with a period of notice that does not exceed one month.
  3. A fixed-term contract for the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a period of notice that does not exceed one month. The period of notice shall not exceed three months if the contract is for the regular supply of daily or weekly newspapers, newspapers, magazines and periodicals, but less than once a month.
  4. A contract of limited duration for the regular supply of newspapers, news and weekly newspapers and periodicals (trial or introductory subscription) shall not be tacitly continued and shall end automatically at the end of the trial or introductory period.

Duration:

  1. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless the reasonableness and fairness opposes termination before the end of the agreed term.

 


Article 15 - Payment

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

 


Article 16 - Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be submitted to the entrepreneur completely and clearly described within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
  4. A complaint about a product, service or the trader's service can also be submitted via a complaints form on the consumer page of the website of Stichting Webshop Keurmerk (http://keurmerk.info/Home/MisbruikOfKlacht). The complaint will then be sent both to the trader in question and to Stichting Webshop Keurmerk.
  5. If the complaint cannot be resolved in mutual consultation within a reasonable period of time or within 3 months after the complaint has been submitted, a dispute will arise that is subject to dispute resolution.

 


Article 17 - Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.
  2. Disputes between the Consumer and the Entrepreneur about the formation or execution of contracts relating to products and services to be supplied or delivered by this Entrepreneur can be submitted by both the Consumer and the Entrepreneur to the Disputes Committee Webshop, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl), with due observance of the stipulations below.
  3. A dispute will only be dealt with by the Disputes Committee if the Consumer has first submitted his complaint to the Entrepreneur within a reasonable period of time.
  4. No later than three months after the dispute arose, the dispute must be submitted in writing to the Disputes Committee.
  5. When the consumer wishes to submit a dispute to the Dispute Commission, the entrepreneur is bound to this choice. If the entrepreneur wishes to do so, the consumer shall, within five weeks after a written request made by the entrepreneur, pronounce in writing whether he wishes to do so or wants the dispute to be dealt with by the competent court. If the entrepreneur does not hear the consumer's choice within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
  6. The Dispute Commission pronounces under the conditions as laid down in the regulations of the Dispute Commission (http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop). The decisions of the Dispute Commission take place by means of a binding advice.
  7. The Dispute Commission will not deal with a dispute or will stop dealing with it if the entrepreneur has been granted suspension of payment, has gone bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the committee at the session and a final verdict has been given.
  8. If, in addition to the Disputes Committee Webshop, another Disputes Committee recognised or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, the Disputes Committee Stichting Webshop Keurmerk is preferably competent for disputes concerning mainly the method of distance selling or service provision. For all other disputes the other recognised arbitration committee affiliated with SGC or Kifid.

 


Article 18 - Branch guarantee

  1. Stichting Webshop Keurmerk guarantees that its members will comply with the binding recommendations of the Disputes Committee Stichting Webshop Keurmerk, unless the member decides to submit the binding advice to the court for review within two months after it has been sent. This guarantee shall be revived if the binding advice has been upheld after review by the court and if the judgment evidencing this has become final and conclusive. Up to a maximum amount of €10,000 per binding advice, this amount will be paid to the consumer by Stichting Webshop Keurmerk. If the amount exceeds €10,000 per binding advice, €10,000 will be paid out. Stichting Webshop Keurmerk has a best-efforts obligation to ensure that the member complies with the binding advice.
  2. Application of this guarantee requires that the Consumer makes a written appeal to Stichting Webshop Keurmerk and that the Consumer assigns his claim against the Entrepreneur to Stichting Webshop Keurmerk. If the claim against the Entrepreneur exceeds €10,000, the Consumer will be offered to transfer his claim above the amount of €10,000 to Stichting Webshop Keurmerk, after which this organisation will request payment in court in the Consumer's own name and at its own expense.

 


Article 19 - Additional or different provisions

Additional provisions or provisions deviating from these General Terms and Conditions may not be to the Consumer's detriment and must be recorded in writing or in such a way that the Consumer can store them in an accessible manner on a durable data carrier.

 


Article 20 - Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk

  1. Stichting Webshop Keurmerk will not change these General Terms and Conditions without prior consultation with the Consumers' Association.
  2. Amendments to these General Terms and Conditions will only take effect after they have been published in an appropriate manner, on the understanding that, in the event of applicable amendments during the term of an offer, the provision that is most favourable to the Consumer will prevail.

 
Address Stichting Webshop Keurmerk:
Willemsparkweg 193
1071 HA Amsterdam