Terms and Conditions Easy Living
By placing an order on this webshop you agree to our terms and conditions. We are affiliated with the Central Housing Association. That is why the CBW recognized conditions apply to your purchase. You can read and save the terms and conditions below if desired.
Additional conditions to these general terms and conditions are:
Article 8.5 Rights and obligations of the customer:
- When purchasing, you declare that the product ordered by you can reach its destination without the use of aids (such as a moving lift). If it appears upon delivery that the product cannot be delivered in the normal way, the additional costs incurred will be passed on to you.
Article 18.B Right of withdrawal:
- You have a reflection period of 14 days after receiving your product. You can cancel the purchase of the product without giving any reason.
Article 18.D Exercise of the right of withdrawal by the consumer and the costs thereof
- If you want to make use of your right of withdrawal, please notify us within the reflection period.
You do this by e-mail or by telephone.
- We will schedule an appointment for the return of your product.
Given the size, weight and vulnerability of our products, we take care of the return ourselves.
- Costs for the return are for your own account and amount to € 90, -
If a moving lift must be used for the return, these costs are also at your expense.
- Costs for returning from the Wadden Islands and abroad are different and can be requested from us.
Article 18.F Exclusion of right of withdrawal:
- Bed boxes that have already been mounted on the wall are not eligible for the right of withdrawal.
- We only take back unused, clean and undamaged products. Products that have been used, damaged or dirty during the cooling-off period are not eligible for the right of withdrawal. For this reason, a photo will be taken of your product upon delivery.
CBW-RECOGNIZED CONDITIONS FOR RESIDENTIAL SHOPS
These conditions apply to purchases made from 01-01-2020
ARTICLE 1 • Definitions
In these conditions the following terms have the following meanings:
The entrepreneur: the CBW-recognized seller / contractor, participant in the SG CBW, who enters into or wants to enter into an agreement with the customer;
The customer: the buyer / client or the person who enters into or wants to enter into an agreement with the entrepreneur;
The business customer: the customer acting in the exercise of a profession or business;
The consumer: the customer who is not acting in the exercise of a profession or business;
Episode: the actual offer of the purchased products and / or semi-finished products to the customer;
Delivery: making the products and / or the work ready for use, as agreed;
Distance Agreement: the agreement with a consumer whereby, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used, as referred to in Article 6: 230g paragraph 1 BW, such as a web shop or mail order;
Contract concluded outside the sales space: an agreement that is concluded with a consumer other than in the retail space of the entrepreneur, as referred to in Article 6: 230g paragraph 1f of the Dutch Civil Code (for example at consumers' homes, at some fairs or on the street);
SG CBW: Stichting Garantieregelingen CBW, which is charged with the implementation and enforcement of the consumer schemes as referred to in Articles 19 and 21 of these terms and conditions;
Participant SG CBW: the CBW-recognized entrepreneur who has affiliated himself or one or more of his branches / operating companies with the Stichting Garantieregelingen CBW;
Deposit: the payment of part of the agreed price by the customer when the agreement is concluded; Floor: subfloor and / or intermediate floor and / or floor covering material;
Subfloor: the existing surface on which the work is to be performed; Mezzanine: the material that is applied between the sub-floor and the floor covering material, not being repair material of the sub-floor.
Connecting: connecting all supply and discharge pipes and wiring to existing and correctly installed connection points;
To install: installing all supply and discharge pipes, wiring and connection points necessary for the correct mounting of the product;
Mounting (placing): assembling and adjusting the product or parts thereof;
Other activities: demolition and renovation work, leveling floors and walls and installing tiles;
Dispute Resolution Officer: the independent body to which the SG CBW has outsourced the handling of disputes.
ARTICLE 2 • Validity
These terms and conditions may only be used by CBW-recognized furniture stores and exclusively for the supply of products and / or services in the field of home furnishings. These conditions only apply in the situation of a transaction between:
• a CBW-recognized entrepreneur established in the Netherlands and doing business with a consumer
• a CBW-recognized entrepreneur established and doing business abroad with a consumer established in the Netherlands.
ARTICLE 3 • Intellectual property
1. The entrepreneur reserves the intellectual property on, among other things, designs, images, drawings, samples, samples and models provided. If requested by the entrepreneur, the customer must return them immediately. If the entrepreneur also has other legal rights, he can claim them.
2. The customer may not remove or change indications about intellectual property rights on / in the performances delivered or made available by the entrepreneur.
3. The customer may not reproduce, publish, exploit or exhibit material of the entrepreneur that is subject to intellectual property rights without the entrepreneur's permission.
ARTICLE 4 • Quotation
1. All quotations are valid up to and including 21 days after the quotation date, unless stated otherwise in the quotation. They are based on the data, drawings and measurements derived from them and any measurements made by the entrepreneur. The customer must thereby inform the entrepreneur about facts and / or circumstances that may influence the performance of the agreement, insofar as this is important in making the quotation (see also articles 7 and 8). In the case of floors, the entrepreneur applies the largest length and width dimensions when measuring the surfaces, taking into account the packaging units that must be ordered from suppliers (running meters of carpet, packs of laminate, full-length skirting boards, etc.). Designs, images, drawings, statements of sizes and weights and samples and models from the entrepreneur are as accurate as possible.
2. The quotation states a complete description of the products to be delivered and to be performed
activities, the total (purchase) price, the delivery time, the payment conditions and the risks for both parties. When ordering 'on demand', the quotation contains an explanation about this and information about the delivery time after demand, as mentioned in Article 6 paragraph 6. The quotation gives the price of the materials and the way in which the price for the work to be performed is calculated. . There are two ways: contract price or direction.
a. at the contract price, the parties agree on a fixed amount for which the work will be performed;
b. in case of direction, the entrepreneur specifies precisely what determines the price (eg hourly rate and prices of the required materials). At the request of the customer, the entrepreneur can give a target price, which is an estimate of the total costs.
The quotation states if there are additional costs such as freight, delivery, payment or postage costs.
3. The activities not mentioned in the quotation are not covered by the agreed price. If the customer does require this, this can increase prices (see also Article 13).
4. The customer must ensure that the entrepreneur can perform the work properly.
5. If the customer does not accept the quotation, the entrepreneur may charge the costs of drawing up the quotation, but only if the customer has demonstrably been made aware of the (amount of the) when or before requesting the quotation.
cost. The customer becomes the owner of the quotation and any drawings upon payment of quotation costs.
ARTICLE 5 • Contract (for contracts outside the sales area or at a distance: see article 18)
1. The entrepreneur may, when entering into an agreement with a consumer
request a deposit. No maximum percentages apply to a business customer (not a consumer). For a consumer, the height of the maximum percentage depends on the product.
2. The maximum down payment for consumers is 25%, except for the products below for which 15% is the maximum:
a. kitchens / bathrooms / sanitary ware and /
or parts thereof, and / or activities related thereto;
b. parquet, solid wood floorboards, marmoleum, PVC, stair renovation, natural stone,
gravel, (gravel) tile, poured, concrete, concrete look, cork and laminate floors and / or activities to be performed in connection with these products.
c. any other product groups and / or services, if they are listed on www.cbw-erkend.nl.
3. The down payment regulations of Article 19 apply to the down payment percentages referred to in paragraph 2. This does not apply to a distance contract.
4. In the case of a distance contract, no maximum down payment percentages apply, except for the legal restrictions as described in Article 11 paragraph 2.
5. Price increases can be passed on to business customers.
6. For price increases at consumers, occurring after the conclusion of the agreement but before delivery, the following applies: • Price increases due to VAT increases and other legal measures can always be passed on. • Other price increases within 3 months after the conclusion of the agreement may not be passed on. • Other price increases after 3 months after the conclusion of the agreement may only be passed on if this has been agreed. The entrepreneur must state why a price increase can be implemented and whether or not the consumer can then cancel free of charge. 7. Price reductions after the conclusion of the agreement by, for example, clearance sales, closing sales, promotions or discounts on showroom models do not entitle the customer to a price reduction.
Retention of title
8. The entrepreneur remains the owner of the products sold until the buyer has paid the price (and any additional costs) in full. The customer is obliged to treat the products with care. He may not give the products to third parties or give them as collateral, lend them or have them removed from the space where they were delivered, until the amount due has been paid.
9. The entrepreneur may dissolve the agreement in whole or in part out of court without notice of default in the event of bankruptcy, suspension of payment or legal debt rescheduling of the customer.
Security with business customers
10. In the case of an agreement with a business customer, the entrepreneur may request sufficient security for the fulfillment of the payment obligation before executing or continuing with the agreement.
Compensation for business customers
11. The entrepreneur never has to pay any other compensation to a business customer than is expressly provided for in these conditions. He does not have to compensate other direct or indirect damage, including damage to third parties, loss of profit and the like.
12. The entrepreneur may charge call-out costs if this was agreed upon at the conclusion of the agreement. If transport is not included in the agreement, the entrepreneur may always charge call-out costs, except in the case of non-conformity.
ARTICLE 6 • Delivery time
1. The delivery time is the agreed time within which the work must be performed or the products must be delivered. The delivery time is fixed unless a probable delivery time is stated in the agreement. If no delivery time has been agreed, a fixed delivery time of 30 days applies to a consumer purchase.
2. If the expected delivery time is not met, the entrepreneur will be granted an extra period to deliver. The extra term is a maximum of one month, but never longer than the original delivery time. Any price increase within this period may not be passed on.
3. If the extra term or the agreed delivery time is exceeded, the customer is entitled to the
dissolve the agreement without notice of default or judicial intervention and / or request compensation.
4. If the probable or firmly agreed delivery time is exceeded, the entrepreneur is not liable for any form of consequential damage in the case of an agreement with a business customer.
5. In the case of an agreement with a consumer, the entrepreneur must compensate damage that is related to the exceeding and that can be attributed to him, partly in view of the nature of the liability and the nature of the damage. The consumer must limit the damage as much as possible.
6. If it has been agreed that an order will be placed by the entrepreneur after the notification of the consumer (order on call), then the agreed fixed or probable delivery time will run from the call date.
The call must be made within nine months after the conclusion of the agreement, unless otherwise agreed. If there is no call-off within that period, the entrepreneur will remind the customer in writing and give him a maximum of three months to still call off. After this period, the agreement is considered canceled and Article 12 applies.
ARTICLE 7 • Rights and obligations of the entrepreneur
1. The entrepreneur delivers the products properly, properly and as agreed in the agreement. The work is carried out properly, properly and as agreed.
2. The entrepreneur adheres to the legal requirements applicable at that time in the delivery of products and performance of work.
3. The entrepreneur informs the customer in good time before concluding the agreement that the customer ensures suitability of the place where the work must be carried out, such as, for example, that the construction and / or installation regulations have been met.
If the entrepreneur does not (timely) point this out, he must compensate the direct damage and costs suffered by the consumer and he himself bears any damage himself.
4. The entrepreneur also points out to the customer: • inaccuracies in the order or assigned work, eg working on unsound surfaces; • the defective or unsuitable of certain items, eg materials or aids made available by the consumer;
This only applies if the entrepreneur is aware of or should reasonably be aware of them. If the entrepreneur does not do this, he is liable for the damage, unless the damage cannot be attributed to him.
5. The entrepreneur, if he has been informed by the customer (see article 8 paragraph 5), provides the information that can be expected of him insofar as his expertise extends about the necessity of the use of special aids such as a lift or a crane. The parties agree at whose expense and risk the use of the special aids is.
6. The entrepreneur regularly continues the work after the start.
7. The entrepreneur ensures that the work is carried out by persons who are experts for that work.
8. If the work is delayed due to circumstances that are at the risk of the consumer, the delivery time will be extended.
9. If the buyer has wishes for sound insulation of a floor (for example in apartments), the entrepreneur will ask the buyer for a statement containing the measured value of the subfloor and screed. If the buyer does not do this or if it is not available, the entrepreneur will warn the buyer against possible less sound insulation after delivery. The entrepreneur ensures that he can demonstrate that the delivered products have the intended soundproofing effect, for example by submitting product information from the supplier of the intermediate floor.
ARTICLE 8 • Rights and obligations of the customer
1. The customer ensures that the entrepreneur can deliver the products and perform the work.
2. The customer ensures that the entrepreneur has the approvals required for the work (permits, etc.) and the data important for the work (eg the location of pipes) in good time.
3. The customer ensures that the place where work is carried out is suitable, such as that:
• the space is glass-tight and can be properly closed off;
• floors are free of lime, cement and dirt residues and loose parts;
• the construction and / or installation regulations have been complied with;
• installation points, pipes and discharge pipes are present in accordance with the entrepreneur's drawing;
• there is electricity, heating, running water and adequate ventilation.
If the customer does not take care of this, he must compensate the demonstrable direct damage and reasonable costs suffered by the entrepreneur and he bears any damage he has suffered.
4. The customer bears the risk of damage due to:
• inaccuracies in the assigned work;
• inaccuracies in the constructions and working methods required by the customer;
• defects in the movable or immovable property on which the work is being done;
• defects in materials or resources made available by the customer.
The entrepreneur does point out to the customer the items referred to in paragraph 4 of article 7.
5. The customer informs the entrepreneur about special circumstances that make the use of a lift or a crane necessary, for example. The parties agree on who bears the costs and risk of using the special aids. If the customer has not provided this information, the costs of the use of special aids are for his account.
6. The customer ensures that work and / or deliveries to be carried out by third parties are carried out on time and properly, so that the execution of the work is not delayed. If a delay does occur, the customer will report this to the entrepreneur in good time.
7. The customer ensures that in the area where the activities take place or have been carried out
no other activities are carried out that could cause damage to the work of the entrepreneur.
8. The customer ensures that the place of delivery is easily accessible and available on time and that everything possible is done to enable a smooth completion / delivery.
9. If the start or progress of the work is delayed due to circumstances such as referred to in this article, the customer must compensate the damage that the entrepreneur suffers as a result, if these circumstances can be attributed to the customer.
10. The customer takes good care of the entrepreneur's articles, materials and tools that are located at the site of the work.
11. The customer who nevertheless wants the entrepreneur to perform certain activities against the explicit advice of the entrepreneur, is himself liable for the damage caused by this.
12. The customer cannot oblige the entrepreneur to perform work that is contrary to health and safety regulations.
ARTICLE 9 • Storage of products
1. If the products are offered on the agreed delivery date but are not accepted, unless the products are defective, the entrepreneur will make a second delivery within a reasonable period of time. After refusal or after a second delivery, the entrepreneur may charge storage costs and further demonstrable damage and reasonable costs.
2. If the second delivery is not accepted either, the entrepreneur may:
a. demand performance of the agreement and charge storage costs and further demonstrable damage and reasonable costs or;
b. regard the agreement as canceled in accordance with the arrangement in article 12. In addition to cancellation costs, the entrepreneur may also charge storage costs.
3. If the products have been paid for by the customer, the entrepreneur will keep the products in storage for a maximum of 3 months, calculating reasonable internal or external storage costs. In doing so, the entrepreneur takes into account the sales value of the products and the duration of the storage period, unless other agreements have been made about this. If the customer still does not purchase after 3 months, the agreement will be considered canceled and the entrepreneur may, in addition to the cancellation fee referred to in article 12, charge reasonable storage costs. He must notify the customer in writing that he intends to do so.
4. The risk of fire and damage during storage is borne by the entrepreneur in the event of a
consumer purchase at his expense covered by insurance.
ARTICLE 10 • Transport and damage on delivery
1. The transport of the products is included in the price, except for take-away items or if something else has been agreed. The entrepreneur bears the risk of damage and loss during transport. If the products are delivered by a professional transporter, the entrepreneur will provide good insurance.
2. If damage is found upon delivery, the customer must state this on the delivery note. If there is no opportunity on delivery to detect possible damage, the customer will note this on the delivery note. It is advisable to report visible damage to the entrepreneur within 2 working days.
3. If the customer arranges the transport himself, he must check after delivery but before transport as much as possible whether the products are undamaged and complete.
ARTICLE 11 • Payment of the purchase price Buy and sell
1. The general payment condition is payment on delivery (cash or pin payment), even if the contract includes acceptance of work (services). The customer may also ensure that the amount has already been credited to the bank account of the entrepreneur before delivery.
2. It is allowed to agree on another payment condition, but it is prohibited by law to only offer a consumer payment in advance of the (remaining) purchase price as a payment condition.
3. The entrepreneur who delivers in parts may request payment for the part delivered for each partial delivery. The customer receives a partial invoice for each partial delivery.
Acceptance of work (services)
4. The parties apply to contracting work (only services and possibly small material)
agree in writing that payment will be made in installments proportional to the progress of the work. The maximum down payment percentages for consumers are taken into account (see article 5 paragraph 2). If no specific agreements are made about this, the following applies as payment condition:
• when giving the command 25% resp. 15% of the agreed sum depending on the maximum down payment percentage of article 5 paragraph 2
• proportional to the progress of the work, up to 60% of the agreed sum
• immediately after delivery up to 90% of the agreed sum and
• the remaining percentage within 14 days after delivery.
The customer always receives a partial invoice for this.
Payment term invoices
5. Payment of an invoice or partial invoice takes place no later than 14 days after receipt, unless otherwise agreed.
6. If the customer does not pay on time, he is in default according to the law without notice of default. Nevertheless, after the payment term has expired, the entrepreneur will send a payment reminder in which he points out his default to the customer. The entrepreneur gives him the opportunity to pay within 14 days after receipt of the payment reminder and points out the consequences if he does not do so.
7. After this further term, the entrepreneur may collect the amount due without further notice of default. The associated (collection) costs are for the account of the customer. These costs are limited to a maximum of the percentage of the principal amount permitted by law and regulations.
8. The entrepreneur may charge statutory interest to consumers if payment has still not been made after the term of paragraph 5. The interest may be calculated from the period referred to in paragraph 4 until everything has been paid. In the case of a business customer, the entrepreneur may charge statutory commercial interest after the period referred to in paragraph 5.
Suspension of payment obligation
9. In case of complaints, the customer may only withhold that part of the invoice that is proportionate to the content and seriousness of the complaint. The entrepreneur may not collect this part of his invoice if there are justified complaints. The other part of the purchase / contract price must be paid by the customer within the payment term.
10. If payment in installments has been agreed upon only accepting work and the entrepreneur does not continue the work, the customer may suspend his payment of the installment. The customer must pay earlier partial invoices within the payment term.
ARTICLE 12 • Cancellation
1. If the customer cancels, he will owe compensation. This is based on income foregone by the entrepreneur. The compensation is made up of the gross profit margin (fixed and variable costs,
profit mark-up), less variable costs not incurred, such as delivery costs. The compensation amounts to 30% of the purchase / contract price, unless the parties have agreed otherwise. This is 50% if the customer cancels while he has already been informed that the (partial) delivery can take place. Percentages quoted are based on industry averages.
2. The percentages referred to in paragraph 1 are fixed, unless the entrepreneur can prove that his damage is greater or the customer can demonstrate that the damage is smaller.
3. Cancellation is preferably made in writing. In case of a verbal cancellation, the entrepreneur confirms this in writing.
4. When purchasing a kitchen, a consumer can cancel in writing within 2 days, starting the day after closing the purchase, at a fixed percentage of 5% of the purchase price with a minimum of € 500. If the consumer does not have an email address of the entrepreneur, he can also cancel by registered letter. He then proves by means of the dated proof of sending that the letter was sent within 2 days.
5. The consumer does not have to pay cancellation costs in the event of a contract concluded outside the sales area or at a distance if he makes use of the right of withdrawal as laid down in the law and in Article 18 D for this sales method.
6. In the case of an unfair commercial practice as referred to in the Unfair Commercial Practices Act, a consumer can terminate the agreement without costs. The consumer must prove that this was the case.
ARTICLE 13 • Extra costs, additional work and / or less work
Costs that arise because the customer has failed to enable the execution or continuation of the work, will be borne by the customer. Additional work and / or less work will be settled in fairness. Additional work is understood to include: all work and deliveries that are not included in the agreement and that are required by the customer. Less work is understood to mean: the part of the agreement that is not performed with the consent of both parties. Surfaces that cannot be floored, eg columns and indents and cutting losses, are no less work. At the request of the customer, the entrepreneur leaves remnants behind with the customer.
ARTICLE 14 • Unenforceable agreement due to force majeure
1. If fulfillment of the agreement is temporarily impossible due to a cause that cannot be attributed to one of the parties, the other party will be released from its obligations for that period.
2. If fulfillment of the agreement is permanently or completely impossible for one of the parties due to a cause that cannot be attributed to him, both parties will make every reasonable effort to still execute the agreement. The parties consult about this.
If the parties cannot reach an agreement, they have the right to dissolve the agreement in whole or in part against payment to the other party for the costs reasonably incurred and to be incurred.
ARTICLE 15 • Conformity and warranty
1. The delivered product must have those properties that the consumer can expect under normal use on the basis of the agreement (conformity). This also applies to special use if this was agreed by the parties when concluding the agreement. If this expectation is not met, the consumer is entitled to repair or replacement, dissolution and / or price reduction.
2. The entrepreneur gives a full 2-year warranty on the delivered products, in addition to the legal one
obligations of paragraph 1. The parties may also agree otherwise in writing. The 2-year warranty does not apply to defects related to non-intended use by the customer. In the case of consumer purchases, the entrepreneur makes this plausible. The entrepreneur bears the costs of repair resp. replacement, incl. freight and call-out costs; If the defect can be properly repaired, the entrepreneur does not have to replace the product. If the customer has moved abroad, freight and call-out costs will be reimbursed based on the original delivery address.
3. According to the law, the customer must prevent or limit its damage as much as possible.
4. Even after the two-year guarantee in paragraph 2 has expired, a consumer may still have rights under the law (as described in paragraph 1). In that case, the entrepreneur cannot invoke the expiry of this guarantee.
5. The obligations of the entrepreneur with regard to conformity and guarantees of paragraphs 1 and 2 do not fall under the down payment arrangement referred to in article 19. In the event of bankruptcy / suspension of payment / legal debt rescheduling of the entrepreneur, the customer can report to the receiver / administrator as a creditor.
6. If the manufacturer of the products gives a further guarantee to the entrepreneur, this guarantee applies
also for the customer.
7. Guarantee provisions are only valid for the intended use, of the products supplied or the work performed, or for special use if this has been agreed.
8. The customer must behave like a good customer. This means, for example, that the product is properly and adequately maintained and treated.
9. Deviations in color, wear resistance, structure, etc. can limit or exclude the right to warranty and / or compensation. This is the case if the deviations are acceptable from a technical point of view in accordance with applicable, customary standards or commercial practice.
10. Excluded from the warranty of paragraph 2 are: (disposable) batteries, exchangeable light sources, home accessories and normal wear and tear.
ARTICLE 16 • Liability
The entrepreneur is not liable for damage caused by causes he was not aware of or should have been aware of, unless he is liable according to the law or if otherwise agreed between the parties. These causes can be, for example:
• the development of shrinkage seams and / or hairline cracks as a result of the gradual loss of building moisture after new construction or renovation;
• the appearance of discolorations, shrink seams and / or hairline cracks due to the direct action of
heat sources such as sun, central heating pipes and fireplaces;
• too high or too low a humidity percentage in the relevant room and surrounding areas or an extreme change therein; • an incorrect composition of the intermediate and / or subfloor, if and insofar as it has not been installed by the entrepreneur or an insufficiently flat subfloor, if not installed by the entrepreneur. The entrepreneur reports the insufficient flatness to the customer before the start of the work;
• the floor not being permanently dry, provided that the entrepreneur has measured the moisture level of the floors in advance and the result was satisfactory.
ARTICLE 17 • Complaints and damage
1. Complaints about the performance of the agreement or damage caused to customers' property by the entrepreneur must be fully and clearly described and submitted to the entrepreneur. This should preferably be done in writing and in any case on time.
2. If during delivery or completion there is no opportunity to detect and / or report complaints and damage to the goods delivered or to the property of the customer, the customer must report complaints or damage in writing as soon as possible afterwards, preferably within two working days after discovery. If within 14 days
after delivery or completion, no notification has been received by the entrepreneur, it is assumed that the products have been delivered undamaged and / or that no damage has been caused by the entrepreneur.
3. In the event of damage, the customer gives the entrepreneur the opportunity to pay for the damage by or on his behalf
to inspect and appraise for its liability insurance. The customer also cooperates with repairs by or on behalf of the entrepreneur.
4. Complaints that only arise in use after delivery are reported as soon as possible after they arise - at the latest within two months after discovery - preferably in writing.
5. Failure to submit the complaint on time may result in the customer losing his rights in this area.
6. Before submitting a dispute to the dispute settlement procedure, the conditions in Article 20, paragraphs 2 and 3, must be met.
ARTICLE 18 • Distance Agreements and Agreements Closed Outside the Sales Space A - The agreement
1. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt thereof electronically. As long as this has not yet happened, the consumer can terminate the agreement.
2. If the agreement is concluded electronically, the entrepreneur will find appropriate technical and
organizational measures to secure the electronic transfer of data and he ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
3. The entrepreneur is allowed - if the law allows this
- investigate whether the consumer can meet his payment obligations and whether there are circumstances that are important for a responsible conclusion of the contract. If this gives a good reason not to enter into the agreement, the entrepreneur may refuse an order or request or set special conditions.
4. The entrepreneur will send the following information at the latest upon delivery of the product and / or service:
a. the visiting address of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and how the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing service after purchase;
d. the price of the product or service, including taxes, possible delivery costs and the method of payment, delivery or performance of the agreement;
e. if the consumer has a right of withdrawal, the model withdrawal form.
B - Right of withdrawal
1. The consumer can dissolve an agreement with regard to the purchase of a product - whether or not combined with a service - during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state it.
2. The reflection period referred to in paragraph 1 starts on the day after the product has been received by or at the request of the consumer on his behalf. In the case of multiple partial deliveries from one order, the reflection period starts on the day on which the last partial delivery was received by or on behalf of the consumer.
3. For services only, the reflection period referred to in paragraph 1 starts on the day after the conclusion of the agreement.
Extended reflection period for products and services when not informing about the right of withdrawal:
4. If the entrepreneur has not provided the legally required information about the right of withdrawal or the model form for withdrawal, the reflection period will expire 12 months after the end of the reflection period set in paragraph B.
5. As soon as the entrepreneur provides the information referred to in paragraph 4, the reflection period will expire 14 days after the day on which the consumer still received that information.
C - Obligations of the consumer during the reflection period
1. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product in such a way as is necessary to determine the nature, characteristics and functioning of the product. The consumer may handle and inspect the product as he would be allowed to do in a shop.
2. If the consumer goes further than described in paragraph C1, he is liable for the depreciation of the product.
3. The consumer is not liable for the depreciation of the product if the entrepreneur has not provided him with the mandatory information about the right of withdrawal before or at the conclusion of the agreement.
D - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the reflection period via the model withdrawal form or in another unambiguous manner.
2. The consumer sends as soon as possible, but within 14 days from the day after this notification
return the product, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has returned on time if he sends back the product before the reflection period has expired.
3. The consumer returns the product with all accessories supplied, as much as 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 in a distance contract, except:
a. if the entrepreneur has not reported that the consumer must bear these costs; or
b. if the entrepreneur indicates that he will bear the costs himself.
In the case of an agreement concluded outside the sales area, the entrepreneur bears the return costs of the product.
6. If the consumer withdraws after having first explicitly requested to start performing the service during the reflection period, the consumer pays for the work performed until the moment of withdrawal. 7. The consumer does not bear any costs for the performance of services if:
a. the entrepreneur the consumer the legally required information about the right of withdrawal,
the cost reimbursement in the event of withdrawal or has not provided the model withdrawal form; or
b. the consumer has not explicitly requested to start the performance of the service.
8. In case of withdrawal, all additional agreements will be dissolved.
E - Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur allows the consumer to revoke electronically, he will immediately send a confirmation of receipt after receipt.
2. The entrepreneur will reimburse all payments from the consumer, including calculated delivery costs, no later than 14 days after the day of the withdrawal. He may wait to pay back until he has received the product, unless the entrepreneur collects the product himself or the consumer demonstrates that he has returned the product.
3. The entrepreneur uses the same payment method as the consumer used for reimbursement, unless otherwise agreed. The reimbursement is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to pay back the extra costs for the more expensive method.
F - Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal if he has clearly stated this in the offer in good time before concluding the agreement:
1. Service contracts, after full performance of the service, but only if:
a. the performance has begun with the express prior consent of the consumer; and
b. the consumer has stated that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement.
2. Products manufactured according to the consumer's specifications, which are not prefabricated and which are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person.
3. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery.
4. Products that are irrevocably mixed with other products after delivery due to their nature.
ARTICLE 19 • Down payment scheme
(Detailed information about the scheme can be found at www.cbw-erkend.nl). This arrangement only applies to a home furnishing contract concluded in a physical store or outside the sales area (eg at a consumer's home, on the street or some fairs). The scheme does not apply to distance contracts, eg in a web shop. The scheme applies if the consumer does not receive a product and / or service in the event of bankruptcy / suspension of payments / legal debt rescheduling from the entrepreneur, even though he has made a deposit. This arrangement means that the consumer can conclude a replacement agreement with another CBW-approved furniture store. The down payment will be deducted from the price by and at the expense of this CBW-recognized furniture store. No money will be refunded.
1. The scheme has the following conditions:
a. The consumer makes a written appeal to the down payment scheme at the SG CBW. This can be done via www. cbw-erkend.nl. This appeal must be received at SG CBW no later than three months after the bankruptcy trustee has provided the evidence referred to in paragraph 1b, but in any case no later than six months after the decision of bankruptcy / suspension of payments / statutory debt rescheduling.
b. The consumer hereby submits a copy of the agreement, a down payment receipt and a copy of the message from the curator / administrator that the agreement will not be performed and that the down payment will not be refunded.
c. If the trustee within three months after a bankruptcy / moratorium / legal
debt rescheduling has not yet provided the evidence referred to in paragraph 1 b, the consumer can still appeal. In that case, instead of the document from the curator referred to under 1 b, a confirmation from the curator that the consumer's claim is stated on the list of provisionally acknowledged creditors will suffice.
d. The consumer is obliged to transfer his claim against the original entrepreneur (up to the maximum down payment percentage in article 5 paragraph 2) to the SG CBW.
2. The SG CBW will notify you within two months of receipt whether the appeal is justified. If so, the SG CBW will provide proof in writing with which the consumer can conclude a replacement agreement. A list of entrepreneurs, as much as possible in the same (price) segment, can be viewed at www.cbw-
recognized.nl. It also explains how this list is compiled. The consumer can submit his own suggestions to SG CBW.
3. The following rules apply when concluding the replacement agreement:
a. The consumer immediately hands over the proof of the SG CBW referred to in paragraph 2 to the entrepreneur with whom the replacement agreement is concluded.
b. The consumer concludes the replacement agreement within six months after receipt of the proof.
c. The consumer's down payment will be deducted from the new price, but no more than 25 or 15% from the original price and no more than 25 or 15% from the new price if it is lower than the original price (calculation examples: see www.cbw-approved .NL). The percentage of 15% applies to:
• kitchen / bathroom (parts) and sanitary products and / or activities to be performed in connection therewith;
• parquet, solid wood floorboards, staircase renovation, marmoleum, PVC, natural stone, gravel, (gravel) tile, poured, concrete, concrete look, cork and laminate floors and / or work to be performed in connection with these products .
• any other product groups and / or services, if they are listed on www.cbw-erkend.nl.
d. The entrepreneur mentioned on the list cooperates with the conclusion of replacement agreements. He may only refuse a replacement agreement if he can demonstrate to SG CBW that this is unreasonable in his case.
e. The entrepreneur with whom the consumer wishes to conclude a replacement agreement maintains his own, normal sales price. That does not have to be the same price as the original entrepreneur used. The scheme is therefore not a price guarantee. Special promotion, clearance or promotional items may not be included in the offer.
4. Not covered by the down payment scheme:
• distance contracts;
• agreements with business buyers;
• the product warranty referred to in Article 15;
• entering into a replacement agreement without assessment by SG CBW (see paragraphs 1 and 2);
• the excess above the percentages mentioned. Nor can the scheme be invoked if the trustee ensures that he or another party can execute the original agreement under the same conditions.
ARTICLE 20 • The dispute settlement
1. Disputes between consumer and entrepreneur about the conclusion or performance of agreements with a minimum (purchase) sum of € 250 can be brought by the consumer as well as by the entrepreneur with Stichting UitannedZaak.nl. How this works and how a dispute can be brought before you can read on www.cbw-erkend.nl or www. pronouncedzaak.nl.
2. The consumer must first report his complaint to the entrepreneur. The entrepreneur must be given the opportunity to:
• respond to the complaint and;
• acknowledge or reject the complaint and;
• resolve a recognized complaint. The term for resolution is set at 6 weeks, unless
the entrepreneur has indicated another reasonable term that is necessary to resolve the complaint, in which case the term communicated by the entrepreneur applies.
3. If the entrepreneur has made an offer to resolve the complaint and the consumer does not agree, the consumer must make this offer
demonstrable rejection. If the offer has been rejected by the consumer, the entrepreneur still has two weeks to make an adjusted proposal. If the consumer does not agree, he demonstrably rejects the proposal before the dispute can be dealt with.
4. If the provisions of paragraphs 2 and 3 are not complied with, the dispute cannot be handled.
5. The consumer can submit the dispute to the dispute resolution officer up to 12 months after submitting his complaint to the entrepreneur, unless the parties agree otherwise.
6. If the consumer reports a dispute to the dispute resolution judge, the entrepreneur is bound by this choice.
7. If the entrepreneur wants to see a dispute handled by the dispute resolution officer, he must act as stipulated in the regulations of the disputes settlement scheme. If the consumer does not want to cooperate in this, the entrepreneur is free to bring the dispute to court.
8. The dispute can be resolved by the dispute advisor by:
• mediation by the dispute resolution provider;
• mediation by an expert; • a binding statement.
9. The dispute resolution advisor's regulations can be consulted at www.uitspraakzaak.nl.
10. A fee is payable for the handling of a dispute. The rates are listed on www.uitspraakzaak.nl
11. Only the judge or the aforementioned dispute advisor has jurisdiction to hear disputes. For online purchases, a complaint may also be submitted to the European Platform Online Dispute Resolution (http://ec.europa.eu/odr).
12. Consumers living outside the Netherlands will themselves, and at their own expense, ensure that the defective product can be sent to the dispute resolution judge.
are assessed by an expert. If this is not possible, an expert report drawn up by an expert from a disputes committee recognized by the consumer's home country, translated into Dutch or English by a recognized interpreter / translator is sufficient.
13. In the situation where the consumer has paid (in part) and the entrepreneur does not deliver or does not let go of anything without (justified) reason
hearing about an agreed delivery, the dispute advisor is only obliged to make a mediation attempt, after which the treatment ends. The consumer will receive the complaint money back if the mediation is not successful.
ARTICLE 21 • Compliance guarantee
1. The SG CBW guarantees compliance with a binding advice issued by the dispute resolution judge or a settlement established by the mediation expert, except:
• if the entrepreneur has submitted the binding advice to the court for review within 2 months of its date, unless the judge confirms the binding advice and the entrepreneur does not appeal;
• if there is a situation as described in Article 20, paragraph 13.
The consumer must make a written appeal to the SG CBW (via www.cbw-erkend.nl) within 3 months after the expiry of the period within which the entrepreneur had to comply with the binding advice or the settlement agreement.
2. After invoking the compliance guarantee, the SG CBW will always first give the entrepreneur the opportunity to comply. The consumer cooperates in this, even if the terms set by the dispute resolution judge have already expired.
3. The SG CBW does not provide a compliance guarantee in the event of:
a. bankruptcy / suspension of payments / legal debt rescheduling of the entrepreneur;
b. actual termination of the entrepreneur's business activities. The decisive date is the date on which the business closure is registered in the Trade Register, or an earlier date on which the SG CBW can demonstrate the actual termination of the (sales) activities of the company.
4. If the dispute resolution advisor obliges an entrepreneur to both pay an amount and carry out work, then the work will first be carried out before payment is made, even if the binding advice states a different order.
5. If the binding advice obliges the entrepreneur to take back a product, the consumer must cooperate and give the entrepreneur the opportunity to take back a product. Amounts to be reimbursed to the consumer only have to be paid after they have been taken back, even if the binding advice indicates a different order, unless
the entrepreneur does not cooperate in compliance with the binding advice.
6. The warranty is limited to:
a. € 10,000 per binding advice. The consumer transfers (assigns) his claim to SG CBW up to the amount of the amount paid out. SG CBW makes every effort, as far as can reasonably be expected of it, to recover its claim and possibly the remaining claim of the consumer, without costs for the consumer, from the negligent participant. If the participant is taken to court, the consumer must also assign the excess to SG CBW for practical reasons; and
b. in case of bankruptcy, suspension of payments, legal debt restructuring or actual termination of the (sales) activities of the company:
• a maximum amount of € 2,269 per dispute for kitchen, bathroom or sanitary facilities and related work or a maximum of € 1,361 per dispute for other products / services; and
• € 25,000 per participant for all calls on the compliance guarantees together. After the expiry of the period within which the consumer can invoke the compliance guarantee, the SG CBW will pay (s) well-founded appeal (s) on the compliance guarantee of the consumer (s). As the joint
appeals exceed € 25,000, SG CBW will pay pro rata. The aim is to pay out within six weeks after the expiry of the deadline for invoking the compliance guarantee. The last two sentences of paragraph 6 under a. Also apply here.
ARTICLE 22 • Dutch law
All agreements to which these terms and conditions apply are subject to Dutch law. If the consumer is established in an EU country other than the Netherlands and the law in that EU country grants him more far-reaching rights, the entrepreneur will apply these rights.
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