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 - Fulfilment and additional guarantee

Article 13 - Delivery and execution

Article 14 - Continuing transactions: duration, termination and renewal

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Industry guarantee

Article 19 - Additional or different provisions

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

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

  1. Supplementary agreementmeans an agreement whereby the consumer acquires products, digital content and/or services in relation to a distance contract and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;
  2. Reflection 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 relating to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Rental agreementmeans an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period of time;
  7. Durable mediumEvery tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that makes future consultation or use possible for a period of time that is tailored to the purpose for which the information is intended, and that makes it possible to reproduce the stored information unchanged;
  8. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
  9. EntrepreneurThe natural or legal person who is a member of Stichting Webshop Keurmerk and who offers products, (access to) digital content and/or services to consumers from a distance;
  10. Distance contractmeans an agreement that is concluded between the trader and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby sole or joint use is made of one or more techniques for distance communication up to and including the moment at which the agreement is concluded;
  11. Model withdrawal formthe European model withdrawal form included in Annex I of these Terms and Conditions;
  12. Technology for remote communicationmeans 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

Exposure Systems Nederland BV; located at Industrieweg 10, 6673 DE in Andelst

Visiting address; Industrieweg 10, 6673 DE

Phone number; +31 (0)481-353752 (daily from 9.00 - 17.00)

E-mail address; info@exposure-systems.com

KvK number; 66237645

BTW-identificatienummer; NL856456743B01

  

Article 3 - Applicability

  1. These general conditions apply to any offer from the entrepreneur and any agreement reached at a distance between the entrepreneur and
  2. Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the general conditions can be viewed at the trader's premises and that, at the consumer's request, they will be provided free of charge as quickly as possible.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
  4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply by analogy and the consumer may always invoke the applicable provision that is most favourable to him in the event of conflicting 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 make a proper assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products, services and / or digital Obvious mistakes or obvious errors in the offer binding on the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what his rights and obligations are, which are linked to the acceptance of the offer.

 

Article 5 - The agreement

  1. The contract is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereof are fulfilled.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the contract.
  3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur may, within the limits of the law - to inform the consumer of his payment obligations, and of all those facts and factors relevant to a sound conclusion of the distance contract. If, on the basis of this examination, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
  5. Not later than upon delivery of the product, service or digital content, the trader will send the consumer 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:
    1. the visiting address of the trader's business establishment where the consumer can lodge complaints;
    2. the conditions on which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
    3. information on warranties and existing after-sales service;
    4. the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
    5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
    6. if the consumer has a right of withdrawal, the model form for
  6. In the event of an extended transaction, the provision in the previous paragraph shall apply only to the first delivery.

 

Article 6 - Right of withdrawal

In products:

  1. The consumer can conclude an agreement related to the purchase of a product during a reflection period of at least 14 days without giving reasons.
  2. The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, and who is not the carrier, has received the product, or:
    1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, place an order for multiple products with a different delivery time, or have these products delivered on a different date.
    2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;

 

  1. in case of contracts for regular delivery of products during a certain period: the day on which the consumer or a third party designated by him has received the first product.

  

Article 7 - 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 to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would in a shop.
  2. The consumer is only liable for depreciation of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph
  3. The consumer is not liable for any reduction in the value of the product if the trader did not provide him with all the information required by law concerning the right of withdrawal before or at the time of concluding the contract.

 

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

  1. If the consumer uses his right of withdrawal, he shall notify the trader of this within the withdrawal period by means of the model form for withdrawal or in another unequivocal manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer will in any case have complied with the return period if he returns the product before the cooling-off period expires.
  3. The consumer shall return the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear manner provided by the operator.
  4. The risk and burden of proof of the correct and timely exercise of the right of withdrawal shall lie with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer should bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to pay the costs of return shipment.
  6. If the consumer withdraws after first having explicitly requested that the performance of the service or the supply of gas, water or electricity which are not made ready for sale in a limited volume or set quantity shall begin during the withdrawal period, the consumer shall owe the entrepreneur an amount which is in proportion to that part of the commitment fulfilled by the entrepreneur at the time of withdrawal compared to the full extent of the
  7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
    1. the trader has not provided the consumer with the legally required information on the right of withdrawal, on reimbursement of costs in the event of withdrawal or on the model form for withdrawal, or
    2. the consumer has not expressly requested the start of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.

 

  1. The consumer shall bear no cost for the complete or partial delivery of digital content not supplied on a tangible medium if:
    1. he has not expressly consented to the commencement of performance of the contract before the end of the cooling-off period;
    2. he has not acknowledged losing his right of withdrawal when giving his consent; or
    3. the trader has failed to receive this declaration from the consumer
  2. If the consumer makes use of his right of withdrawal, all supplementary contracts shall be deemed to have been concluded by operation of law.

 

Article 9 - Obligations of the entrepreneur in case of withdrawal

  1. If the trader makes it possible for the consumer to notify withdrawal electronically, he will send a
  2. The trader shall reimburse all payments made by the consumer, including the costs of delivery charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer gives notice of withdrawal. Unless the trader offers to collect the product himself, he may wait to reimburse the consumer until he has received the product or until the consumer can demonstrate that he has returned it, whichever comes first.
  3. The entrepreneur uses for reimbursement the same means of payment that the consumer has used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
  4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs for the more expensive method.

 

Article 10 - Exclusion of right of withdrawal

The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract:

  1. Products or services of which the price is linked to fluctuations on the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period
  2. Contracts which are concluded during a public auction. A public auction is a method of sale whereby products, digital content and/or services are offered by the operator to the consumer who is present in person or has the possibility to be present in person at the auction under the direction of an auctioneer and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
  3. Service contracts, after full performance of the service, but only if:
    1. the execution has started with the explicit prior consent of the consumer; and
    2. the consumer has declared that he loses his right of withdrawal when the entrepreneur has completely fulfilled the contract;
  4. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, carriage of goods, car rental services and catering;
  5. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
  6. Products made to the consumer's specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
  7. Products that spoil quickly or have a limited shelf life;
  8. Sealed products which are not suitable for return due to health protection or hygiene reasons and of which the seal has been broken after delivery;
  9. Products that, after delivery, are irrevocably mixed with other products due to their nature;
  10. Alcoholic beverages, the price of which has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market over which the entrepreneur has no influence;
  11. Sealed audio, video recordings and computer software of which the seal has been broken after delivery;
  12. Newspapers, journals or magazines with the exception of subscriptions to these;
  13. The delivery of digital content other than on a tangible medium, but only if:
    1. the execution has started with the explicit prior consent of the consumer; and
    2. the consumer has declared that he thereby exercises his right of withdrawal

 

Article 11 - The price

  1. During the validity period mentioned in the offer, the prices of the products and/or services offered are not increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the trader's control, at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices, will be included in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
    1. they are the result of statutory regulations or provisions; or
    2. the consumer is entitled to terminate the contract on the day on which the price increase
  5. The prices mentioned in the offer of products or services include

 

Article 12 - Fulfilment of agreement and additional guarantee

  1. The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
  2. An additional guarantee provided by the trader, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer, on the basis of the contract, can enforce against the trader if the trader has failed to fulfil his part of the
  3. By additional guarantee is meant any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obligated to do in case he has failed to fulfill his part of the

 

Article 13 - Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and carrying out orders for products and in assessing applications for the provision of
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. Subject to what is stated in Article 4 of these terms and conditions, the operator accepted orders expeditiously but not later than 30 days, unless a different delivery has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than 30 days after the order was placed.
  4. After termination 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 trader up to the moment of delivery to the consumer or a representative previously designated by the trader and announced to the trader, unless expressly stated otherwise.

 

Article 14- Payment

  1. Insofar not otherwise specified in the contract or additional conditions, the amounts payable by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the contract. In case of a contract to provide a service, this period commences on the day after the consumer has received the confirmation of the contract.
  2. When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. When an advance payment has been agreed, the consumer may not assert any rights regarding the execution of the order or service(s), before the advance payment has been made.
  3. The consumer has the duty to inform the trader immediately of any inaccuracies in payment details provided or stated.
  4. If the consumer does not fulfil his payment obligation(s) on time, he shall, after being notified by the proprietor of the late payment and after the proprietor has given the consumer a period of 14 days to fulfil his payment obligations, owe the statutory interest on the amount due and the proprietor has the right to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500 and 5% on the following €5,000, with a minimum of €40. The proprietor may deviate from the aforementioned amounts in favour of the consumer, and

 

Article 15 - Complaints procedure

  1. The entrepreneur has a sufficiently publicised 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 trader fully and clearly described within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the trader will be replied to within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will reply within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed reply.
  4. A complaint about a product, a service or the Entrepreneur'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 entrepreneur in question and to Stichting Webshop Keurmerk.
  5. If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 months after the complaint was submitted, a dispute arises which is open to the dispute settlement procedure.

 

Article 16 - Disputes

  1. Contracts between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law.
  2. Disputes between the Consumer and the Entrepreneur about the formation or the performance of contracts related to products or services to be delivered or that have been delivered by this Entrepreneur can be submitted with the Geschillencommissie Webshop, Postbus 90600, 2509 LP in The Hague, the Netherlands (sgc.com).
  3. A dispute will only be taken into consideration by the Disputes Committee if the consumer has first submitted his complaint to the trader within a reasonable period of time.
  4. The dispute must be submitted in writing to the Disputes Committee no later than twelve months after the dispute arose.
  5. When the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound to this choice. When the entrepreneur wants to do that, the consumer will have to speak out in writing, within five weeks after a written request made by the entrepreneur, whether he so desires or wants the dispute to be dealt with by the competent court. Hear the entrepreneur choice of the consumer within the period of five weeks, then the entrepreneur entitled to submit the dispute to the competent
  6. The Disputes Committee pronounces its judgment under the conditions as set out in the regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/de- committees/2701/webshop). The decisions of the Disputes Committee are binding.
  7. The Disputes Committee will not deal with a dispute or will terminate the proceedings if the trader has been granted a suspension of payments, gone bankrupt or has actually terminated business activities before the Committee dealt with the dispute at the session and rendered a final ruling.
  8. If, in addition to the Geschillencommissie Webshop, another recognized arbitration board or one affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) has jurisdiction, the Geschillencommissie Stichting Webshop Keurmerk shall have preference for disputes concerning mainly the method of distance selling or the provision of services.

 

Article 17 - Industry guarantee

  1. Stichting Webshop Keurmerk guarantees the fulfilment of the binding advice of the Disputes Committee Webshop Keurmerk by its members unless the member decides to submit the binding opinion within two months after the notice is sent for review to the court. This guarantee revives if the binding opinion after review by the court has been maintained and the judgment which shows this has become final. Up to an amount of €10,000,- per binding opinion, this amount will be paid to the consumer by Webshop Keurmerk. For amounts greater than €10,000,- per binding opinion, €10,000,- will be paid. For the larger amount Webshop Keurmerk has an obligation to try to ensure that the member can comply with the binding advice.
  2. For the purposes of this guarantee it is required that consumers lodge a written appeal to Webshop Keurmerk and that they hand over their claim on the company to Webshop Keurmerk. If the claim on the entrepreneur exceeds €10,000,- it will be offered to consumers to the extent that the claim in excess of €10,000,- will be transferred to Stichting Webshop Keurmerk, who will in its own name and costs shall try to get payment and fulfilment of these rights to the consumer.

Article 19 - Additional or different provisions

Additional provisions or provisions that deviate from these general conditions, may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored 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 consultation with the Consumentenbond.
  2. Amendments to these terms and conditions shall only take effect after they have been published in the 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 shall apply.

 

Address Stichting Webshop Keurmerk: Weteringschans 108 C, 1017 XS Amsterdam