General Terms and Conditions
Terms and Conditions for Members of the WebwinkelKeur Foundation
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 - Costs in Case of Withdrawal
Article 8 - Exclusion of the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Duration Transactions: Duration, Cancellation, and Extension
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
Consumer: The natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Duration transaction: A distance contract concerning a series of products and/or services, the delivery and/or acceptance obligation of which is spread over time.
Durable medium: Any means that allows the consumer or entrepreneur to store information addressed to them in a way that enables future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The possibility for the consumer to cancel the distance agreement within the cooling-off period.
Model form: The model withdrawal form provided by the entrepreneur that a consumer can fill out if they want to exercise their right of withdrawal.
Entrepreneur: The natural or legal person offering products and/or services at a distance to consumers.
Distance agreement: A contract concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, where up until the conclusion of the contract, one or more techniques for distance communication are exclusively used.
Distance communication technique: A means that can be used to conclude a contract, without the consumer and entrepreneur meeting in the same location.
General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the Entrepreneur
Rocky Label by Raquel Boerboom
Meerheide 280, Eersel, Netherlands
Email address: info@rockylabel.com
Chamber of Commerce number: 82419574
VAT identification number:
If the entrepreneur’s activity is subject to a relevant licensing system, the details of the supervisory authority:
If the entrepreneur practices a regulated profession:
The professional association or organization to which they belong;
The professional title, the place in the EU or the European Economic Area where this is granted;
A reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules can be accessed.
Article 3 - Applicability
These terms and conditions apply to every offer by the entrepreneur and to every agreement concluded at a distance and orders between entrepreneur and consumer.
Before the distance agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent to the consumer as soon as possible and free of charge upon request.
If the distance agreement is concluded electronically, in deviation from the previous paragraph, the text of these terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored on a durable medium. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or in another way free of charge upon request.
In the event that, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs are applicable, and the consumer may always rely on the provision most favorable to them in case of conflicting general terms.
If one or more provisions in these terms and conditions are at any time completely or partially void or declared invalid, the agreement and these terms will remain in force, and the relevant provision will immediately be replaced by an agreement that closely approximates the original intention.
Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of these terms must be explained ‘in the spirit’ of these general terms and conditions.
Article 4 - The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify and adapt the offer.
The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a good assessment of the offer. If the entrepreneur uses images, these will be a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to claims for damages or cancellation of the agreement.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer includes such information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes, in particular:
- the price including taxes;
- any delivery costs;
- the way in which the agreement will be concluded and what actions are necessary for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and execution of the agreement;
- the term for accepting the offer or the period within which the entrepreneur guarantees the price;
- the communication fees if calculated on a basis other than the regular base rate for the communication method used;
- whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
- how the consumer can check and, if necessary, correct the data they have provided for the agreement before concluding it;
- any other languages in which, in addition to Dutch, the agreement may be concluded;
- the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically;
- the minimum duration of the distance agreement in the case of a duration transaction.
Optional: available sizes, colors, types of materials.
Article 5 - The Agreement
The agreement is concluded, subject to the provisions in paragraph 4, when the consumer accepts the offer and complies with the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer can cancel the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can, within legal limits, verify whether the consumer can meet their payment obligations, as well as any facts and factors that are important for responsibly entering into the distance agreement. If the entrepreneur has valid reasons based on this investigation not to enter into the agreement, they have the right to refuse an order or request, or to impose special conditions on the execution.
When delivering a product or service to the consumer, the entrepreneur will send the following information, either in writing or in a manner that enables the consumer to store it on a durable medium in an accessible way:
a. the physical address of the entrepreneur where the consumer can lodge complaints;
b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about warranties and existing after-purchase service;
d. the details mentioned in Article 4, paragraph 3, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for canceling the agreement if the agreement has a duration of more than one year or an indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is concluded under the suspensive condition of the availability of the relevant products.
Article 6 - Right of Withdrawal
For the purchase of products:
The consumer has the possibility to cancel the agreement without providing a reason within 14 days. This cooling-off period starts the day after the consumer receives the product or a representative designated by the consumer and known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. The notification must be made using the model withdrawal form. Once the consumer has informed the entrepreneur of their intention to exercise the right of withdrawal, the product must be returned within 14 days. The consumer must prove that the products were returned on time, for example, by providing proof of shipment.
If the customer has not informed the entrepreneur of their intention to withdraw or has not returned the product within the time limits mentioned in paragraphs 2 and 3, the purchase becomes final.
Article 7 - Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the maximum costs of return shipping will be at their expense.
If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after withdrawal, provided the product has already been returned to the web shop or conclusive proof of complete return shipment can be provided.
Refunds will be made via the same payment method used by the consumer, unless the consumer explicitly agrees to a different payment method.
In the case of product damage due to the consumer's careless handling, the consumer is liable for any depreciation in the product's value.
The consumer cannot be held liable for depreciation if the entrepreneur has not provided all legally required information about the right of withdrawal before the purchase agreement was concluded.
Article 8 - Exclusion of Right of Withdrawal
The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer or at least before concluding the agreement.
The right of withdrawal can be excluded for products:
a. made by the entrepreneur according to the consumer’s specifications;
b. of a clearly personal nature;
c. which cannot be returned by their nature;
d. which may spoil or age quickly;
e. where the price is tied to fluctuations in the financial market outside the entrepreneur's control;
f. for single newspapers and magazines;
g. for audio and video recordings and computer software whose seal has been broken by the consumer.
h. for hygiene products whose seal has been broken by the consumer.
The right of withdrawal can be excluded for services:
a. concerning accommodation, transport, catering, or leisure services to be provided on a specific date or within a specific period;
b. whose delivery has explicitly begun with the consumer's consent before the cooling-off period has expired;
c. concerning betting and lotteries.
Article 9 - Price
During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, unless due to changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur can offer products or services with variable prices that are linked to fluctuations in the financial market and over which the entrepreneur has no influence. This dependency on fluctuations and the fact that any listed prices are indicative will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
Price increases after 3 months following the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
a. they result from legal regulations or provisions; or
b. the consumer has the right to cancel the agreement starting on the day the price increase takes effect.
The prices listed in the offer of products or services include VAT.
All prices are subject to typographical errors. The entrepreneur will not be held responsible for any consequences of typographical errors. In case of typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, reasonable standards of quality and/or usability, and the applicable legal provisions and/or government regulations at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's statutory rights and claims arising from the agreement.
Defects or incorrect deliveries must be reported to the entrepreneur in writing within 2 months after delivery. Returned products must be in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
- The consumer has repaired or altered the delivered products themselves or had them repaired or altered by third parties;
- The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or the packaging;
- The defect is entirely or partially due to government regulations regarding the nature or quality of the materials used.
Article 11 - Delivery and Execution
The entrepreneur will exercise the utmost care when accepting and executing orders for products and assessing requests for services.
The place of delivery is the address that the consumer has provided to the company.
Subject to the provisions of paragraph 4 of this article, the company will execute accepted orders promptly but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be informed no later than 30 days after placing the order. In such cases, the consumer has the right to cancel the agreement without cost. The consumer has no right to compensation.
All delivery times are indicative. The consumer cannot derive rights from any stated times. Exceeding a delivery time does not entitle the consumer to compensation.
In case of cancellation as per paragraph 3 of this article, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than 14 days after cancellation.
If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a replacement item. This will be clearly communicated to the consumer at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The cost of returning the item will be borne by the entrepreneur.
The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a previously designated and known representative, unless otherwise agreed.
Article 12 - Duration of Transactions: Duration, Cancellation, and Extension
Cancellation
The consumer can cancel an agreement that has been entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services, at any time, subject to any agreed cancellation rules and a cancellation period of no more than one month.
The consumer can cancel an agreement entered into for a fixed period and involving the regular delivery of products (including electricity) or services, at any time, at the end of the fixed period, subject to any agreed cancellation rules and a cancellation period of no more than one month.
The consumer can cancel the agreements mentioned in the previous paragraphs:
- At any time and is not restricted to cancellation at a specific time or within a specific period;
- At least in the same manner in which they were entered into by the consumer;
- Always with the same cancellation period as the entrepreneur has agreed for themselves.
Extension
An agreement entered into for a fixed period and involving the regular delivery of products (including electricity) or services, may not be extended or renewed automatically for a fixed period.
In deviation from the previous paragraph, an agreement entered into for a fixed period and involving the regular delivery of daily, weekly, or periodical newspapers and magazines, may be extended automatically for a maximum of three months, provided the consumer can cancel the extended agreement at the end of the extension with a cancellation period of no more than one month.
An agreement entered into for a fixed period and involving the regular delivery of products or services may only be extended automatically for an indefinite period if the consumer can cancel at any time with a cancellation period of no more than one month and a cancellation period of no more than three months in cases where the agreement involves regular deliveries of daily, weekly, or periodical newspapers and magazines, but less than once per month.
An agreement for a limited duration involving trial or introductory deliveries of daily, weekly, or periodical newspapers and magazines will not be extended automatically and will end at the conclusion of the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a cancellation period of no more than one month, unless fairness and reasonableness would oppose termination before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 days after the start of the reflection period as referred to in article 6, paragraph 1. In the case of an agreement for the provision of services, this period begins after the consumer has received the confirmation of the agreement.
The consumer is obliged to promptly report any inaccuracies in provided or listed payment details to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs communicated to the consumer in advance.
Article 14 - Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and will handle the complaint according to this procedure.
Complaints regarding the execution of the agreement must be submitted to the entrepreneur in full and clearly within 2 months after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment and an indication of when a more detailed answer can be expected.
If the complaint cannot be resolved through mutual agreement, it will result in a dispute that is subject to the dispute resolution procedure.
Consumers should first address complaints to the entrepreneur. If the web shop is a member of Stichting WebwinkelKeur, and the complaint cannot be resolved through mutual agreement, the consumer can contact Stichting WebwinkelKeur for free mediation. Check if this web shop has an active membership via WebwinkelKeur Member List. If no solution is found, the consumer can have the complaint resolved by the independent dispute committee appointed by Stichting WebwinkelKeur, and the decision of the committee will be binding. There are costs associated with submitting a dispute to this committee, which must be paid by the consumer. Additionally, complaints can be submitted through the European ODR platform ODR Platform.
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
If a complaint is upheld by the entrepreneur, the entrepreneur will either replace or repair the delivered products at their own expense.
Article 15 - Disputes
Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 16 - Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions must not be to the detriment of the consumer and must be laid down in writing or in such a way that the consumer can store them on a durable data carrier in an accessible manner.