Terms & Conditions

These General Terms and Conditions of the Dutch Thuiswinkel Organisation (hereinafter: Thuiswinkel.org) were drawn up in consultation with the Dutch Consumers' Association (Consumentenbond) within the framework of the Coordination Group Self-Regulation (CZ) of the Social and Economic Council, and entered into force on 1 June 2014.

Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Consumer obligations during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Trader obligations upon withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Conformity and additional guarantee
Article 13 – Delivery and performance
Article 14 – Long-term agreements: duration, cancellation and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Industry guarantee
Article 19 – Additional or deviating provisions
Article 20 – Amendment of the Thuiswinkel General Terms and Conditions

Article 1 – Definitions

In these conditions the following definitions apply:

Supplementary agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
Cooling-off period: the period within which the consumer can exercise the right of withdrawal;
Consumer: a natural person who does not act for purposes related to his trade, business, craft or professional activity;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Long-term agreement: an agreement that extends to the regular delivery of goods, services and/or digital content over a defined period;
Durable medium: any instrument — including email — that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation or use during a period appropriate for the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
Right of withdrawal: the ability of the consumer to withdraw from the distance agreement within the cooling-off period;
Trader: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers at a distance;
Distance agreement: an agreement concluded between the trader and the consumer within an organised system for distance selling of products, digital content and/or services, in which, up to and including the conclusion of the agreement, exclusive or additional use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Annex I of these conditions. Annex I does not need to be made available if the consumer has no right of withdrawal with respect to their order;
Distance communication technique: a means that can be used for the conclusion of an agreement, without the consumer and trader being simultaneously present in the same place.

Article 2 – Identity of the trader

Trader name: BoenderXL B.V.

Trading under the name(s):
– BoenderXL E-Commerce B.V.

Registered address:
Oostdijk 25
3077CP Rotterdam

Phone number: +31 10 321 6938
Available: Monday to Saturday from 08:30 to 18:00
Email address: info@boenderoutdoor.nl
Chamber of Commerce number: 90816900
VAT number: NL865462926B01

Article 3 – Applicability

These general terms and conditions apply to every offer made by the trader and to every distance agreement concluded between the trader and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate before concluding the distance agreement how the general terms and conditions can be inspected at the trader's premises and that they will be sent free of charge as soon as possible upon request.
If the distance agreement is concluded electronically, the text of these general terms and conditions may, notwithstanding the previous paragraph and before the distance agreement is concluded, be made available to the consumer electronically in such a way that it can be stored in an accessible manner by the consumer on a durable medium. If this is not reasonably possible, the consumer will be informed before concluding the distance agreement where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon request.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, paragraphs 2 and 3 apply mutatis mutandis, and in the event of conflicting terms and conditions the consumer can always rely on the applicable provision that is most favourable to them.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
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 trader uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious errors or obvious mistakes in the offer do not bind the trader.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and satisfies the conditions set therein.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may withdraw from the agreement.
If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
The trader may inform itself — within legal limits — about the consumer's ability to meet payment obligations, as well as about all facts and factors relevant to a responsible conclusion of the distance agreement. If on the basis of this enquiry the trader has good grounds for not concluding the agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the performance.
The trader will provide the consumer no later than upon delivery of the product, service or digital content, in writing or in such a way that the consumer can store it on a durable medium, with the following information:
- a. the visiting address of the trader's establishment where the consumer can go with complaints;
- b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
- c. information about guarantees and existing after-sales service;
- d. 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 agreement;
- e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- f. if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a long-term agreement, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

The consumer may cancel a purchase agreement for a product during a cooling-off period of 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state their reason(s).
The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
- a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The trader may, provided it has clearly informed the consumer of this prior to the ordering process, refuse an order of several products with different delivery times;
- b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
- c. for agreements relating to the regular delivery of products over a defined period: the day on which the consumer, or a third party designated by them, has received the first product.

For services and digital content not supplied on a tangible medium:

The consumer may cancel a service agreement and an agreement for the delivery of digital content not supplied on a tangible medium within 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal but may not oblige the consumer to state their reason(s).
The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content where no information about the right of withdrawal has been provided:

If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period as established in the previous paragraphs of this article.
If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the start of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 – Consumer obligations during the cooling-off period

During the cooling-off period the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product as they would be permitted to do in a shop.
The consumer is only liable for depreciation of the product resulting from handling it beyond what is permitted under paragraph 1.
The consumer is not liable for depreciation of the product if the trader has not provided them with all legally required information about the right of withdrawal before or upon conclusion of the agreement.

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

If the consumer exercises their right of withdrawal, they must notify the trader within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
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 hands it over to (an authorised representative of) the trader. This is not necessary if the trader has offered to collect the product. The consumer will have observed the return period in any event if the product is returned before the cooling-off period has expired.
The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs or if the trader indicates that it will bear the costs itself, the consumer does not need to bear the costs of return.
If the consumer withdraws after having first expressly requested that the performance of the service or the delivery of gas, water or electricity not ready for sale in a limited volume or quantity commences during the cooling-off period, the consumer owes the trader an amount proportional to that part of the obligation performed by the trader at the time of withdrawal, compared to full performance of the obligation.
The consumer bears no costs for the performance of services or the delivery of water, gas or electricity not ready for sale in a limited volume or quantity, or for the delivery of district heating, if:
- a. the trader has not provided the consumer with the legally required information about the right of withdrawal, reimbursement on withdrawal or the model withdrawal form; or
- b. the consumer has not expressly requested that the performance of the service or delivery of gas, water, electricity or district heating commence during the cooling-off period.
The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
- a. prior to delivery they have not expressly agreed to the commencement of the performance of the agreement before the end of the cooling-off period;
- b. they have not acknowledged losing their right of withdrawal by granting their consent; or
- c. the trader has failed to confirm this statement from the consumer.
If the consumer exercises their right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 9 – Trader obligations upon withdrawal

If the trader makes it possible for the consumer to notify withdrawal electronically, it will send a confirmation of receipt promptly upon receiving such notification.
The trader reimburses all payments made by the consumer, including any delivery charges invoiced by the trader for the returned product, promptly but within 14 days following the day on which the consumer notifies it of the withdrawal. Unless the trader offers to collect the product itself, it may withhold reimbursement until it has received the product back or until the consumer demonstrates that the product has been returned, whichever is earlier.
The trader uses the same means of payment used by the consumer for reimbursement, unless the consumer agrees to a different method. Reimbursement is free of charge for the consumer.
If the consumer chose a more expensive method of delivery than the cheapest standard delivery, the trader does not need to reimburse the additional costs of the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

Products or services whose price is tied to fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction;
Service agreements, after full performance of the service, but only if:
- a. performance has commenced with the consumer's prior express consent; and
- b. the consumer has declared that they will lose their right of withdrawal once the trader has fully performed the agreement;
Package travel and passenger transport agreements;
Service agreements for the provision of accommodation where a specific date or period of performance is foreseen in the agreement, other than for residential purposes, freight transport, car rental services and catering;
Agreements relating to leisure activities if a specific date or period of performance is foreseen in the agreement;
Products made to the consumer's specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that deteriorate quickly or have a limited shelf life;
Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products which after delivery are, by their nature, irreversibly mixed with other products;
Alcoholic beverages whose price was agreed upon conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no influence;
Sealed audio, video recordings and computer programs whose seal has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
The delivery of digital content other than on a tangible medium, but only if:
- a. performance has commenced with the consumer's prior express consent; and
- b. the consumer has declared that they thereby lose their right of withdrawal.
Items from our showroom. These items can be identified by the word 'showroom' in the product title.

Article 11 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which it has no influence at variable prices. Such dependence on fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.
Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
- a. they result from statutory regulations or provisions; or
- b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
All prices stated in offers include VAT.

Article 12 – Conformity and additional guarantee

The trader guarantees that the products and/or services conform to the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for uses other than normal use.
An additional guarantee provided by the trader, its supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer can exercise against the trader under the agreement if the trader has failed to fulfil its part of the agreement.
Additional guarantee means any undertaking by the trader, its supplier, importer or producer granting the consumer rights or claims that go beyond what is legally required in the event of failure to fulfil its part of the agreement.
Quotations are valid for 14 days.

Article 13 – Delivery and performance

The trader will exercise the greatest possible care when receiving and carrying out orders for products and when assessing applications for services.
The place of delivery is the address the consumer has made known to the trader.
Subject to what is stated about this in article 4 of these general terms and conditions, the trader will execute accepted orders with due speed but no later than 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be or can only be partially executed, the consumer will be notified of this no later than 30 days after the order was placed. In that case the consumer has the right to dissolve the agreement at no cost and is entitled to any compensation.
After dissolution pursuant to the previous paragraph, the trader will promptly refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a pre-designated representative made known to the trader, unless expressly agreed otherwise.
For deliveries to the Dutch Wadden Islands the above applies with the following addition: a surcharge applies to all products. This will be discussed separately (depending on the type of parcel and which island).

Article 14 – Long-term agreements: duration, cancellation and renewal

Cancellation:

The consumer may at any time cancel an agreement concluded for an indefinite period relating to the regular delivery of products (including electricity) or services, observing the agreed cancellation rules and a notice period of no more than one month.
The consumer may at any time cancel an agreement concluded for a definite period relating to the regular delivery of products (including electricity) or services, towards the end of the fixed term, observing the agreed cancellation rules and a notice period of no more than one month.
The consumer may in any event cancel the agreements referred to in the previous paragraphs:
- a. at any time and not be restricted to cancellation at a specific time or in a specific period;
- b. at least by the same means by which the agreement was entered into;
- c. always with the same notice period as the trader has stipulated for itself.
The right of withdrawal does not apply to purchases in support of charities (e.g. purchasing a tree/trees).

Renewal:

An agreement concluded for a definite period relating to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite term.
Notwithstanding the previous paragraph, an agreement concluded for a definite period relating to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite term of no more than three months, if the consumer can cancel the extended agreement towards the end of the extension with a notice period of no more than one month.
An agreement concluded for a definite period relating to the regular delivery of products or services may only be tacitly extended for an indefinite term if the consumer can cancel at any time with a notice period of no more than one month. The notice period is no more than three months in the case of an agreement relating to the regular delivery of daily, news and weekly newspapers and magazines less than once per month.
An agreement of limited duration for the trial or introductory regular delivery of daily, news and weekly newspapers and magazines will not be tacitly continued and will end automatically after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, after one year the consumer may at any time cancel the agreement with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed term.

Article 15 – Payment

Unless otherwise stipulated in the agreement or supplementary conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, general terms and conditions may never require prepayment of more than 50%. Where prepayment has been stipulated, the consumer cannot assert any rights in respect of the performance of the relevant order or service(s) before the agreed prepayment has been made.
The consumer has a duty to promptly notify the trader of any inaccuracies in payment details provided or stated.
If the consumer does not meet payment obligations in time, after being informed of the late payment by the trader and after the trader has allowed the consumer a period of 14 days to still meet the payment obligations, the consumer owes statutory interest on the outstanding amount following non-payment within that 14-day period, and the trader is entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the subsequent €2,500; and 5% on the following €5,000 with a minimum of €40. The trader may deviate from these amounts and percentages in the consumer's favour.

Article 16 – Complaints procedure

It can always happen that something does not go entirely as planned. We recommend that you first bring your complaint to our attention by emailing info@boenderoutdoor.nl. If this does not lead to a resolution, it is possible to register your dispute for mediation via WebwinkelKeur at www.webwinkelkeur.nl/kennisbank/consumenten/geschil. Consumers in the EU can also register complaints via the European Commission's ODR platform at ec.europa.eu/odr. If your complaint is not yet being handled elsewhere, you are free to submit it via the EU platform.

Article 17 – Disputes

Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
Disputes between the consumer and the trader about the formation or performance of agreements relating to products or services to be delivered or delivered by this trader may be submitted, subject to the provisions below, to the Geschillencommissie Thuiswinkel (Disputes Committee Thuiswinkel), P.O. Box 90600, 2509 LP The Hague (www.sgc.nl), both by the consumer and the trader.
The Disputes Committee will only deal with a dispute if the consumer has first submitted the complaint to the trader within a reasonable time.
If the complaint does not lead to a resolution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the trader.
When the consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by this choice. It is preferable that the consumer first notifies the trader of this.
When the trader wishes to submit a dispute to the Disputes Committee, the consumer must declare within five weeks of a written request to that effect by the trader whether they also wish this or prefer to have the dispute handled by the competent court. If the trader does not receive the consumer's choice within the five-week period, the trader is entitled to submit the dispute to the competent court.
The Disputes Committee issues rulings subject to the conditions laid down in the rules of the Disputes Committee (www.degeschillencommissie.nl). The decisions of the Disputes Committee take the form of binding advice.
The Disputes Committee will not deal with a dispute or will discontinue dealing with it if the trader has been granted a suspension of payment, has become bankrupt, or has actually ceased its business activities before the Committee has dealt with the dispute at a hearing and issued a final ruling.
If, in addition to the Geschillencommissie Thuiswinkel, another recognised disputes committee affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, for disputes primarily concerning the method of distance selling or service provision the Geschillencommissie Thuiswinkel is preferably competent. For all other disputes, the other recognised disputes committee affiliated with SGC or Kifid.

Article 18 – Industry guarantee

Thuiswinkel.org guarantees compliance with the binding advice issued by the Geschillencommissie Thuiswinkel by its members, unless the member decides to submit the binding advice for review to the court within two months of its dispatch. This guarantee revives if the binding advice remains in force after review by the court and the judgment confirming this has become final. Up to a maximum of €10,000 per binding advice, this amount will be paid by Thuiswinkel.org to the consumer. For amounts greater than €10,000 per binding advice, €10,000 will be paid out. For the remainder, Thuiswinkel.org has a best-efforts obligation to ensure the member complies with the binding advice.
For this guarantee to apply, the consumer must make a written appeal to Thuiswinkel.org and assign their claim against the trader to Thuiswinkel.org. If the claim against the trader exceeds €10,000, the consumer will be offered the opportunity to assign the part of the claim exceeding €10,000 to Thuiswinkel.org, which will then seek payment in its own name and at its own cost in order to satisfy the consumer.

Article 19 – 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 recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

Article 20 – Amendment of the Thuiswinkel General Terms and Conditions

Thuiswinkel.org will only amend these general terms and conditions in consultation with the Consumers' Association.
Amendments to these terms and conditions only take effect after they have been published in an appropriate manner, provided that in the case of applicable amendments during the term of an offer, the provision most favourable to the consumer shall prevail.

Thuiswinkel.org
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
P.O. Box 7001, 6710 CB Ede

Annex I: Model withdrawal form

(complete and return this form only if you wish to withdraw from the agreement)

a. To: [name of trader] [geographical address of trader] [email or electronic address of trader]

b. I/We* hereby give notice that I/we* withdraw from our agreement concerning the sale of the following products: [description of product]* / the delivery of the following digital content: [description of digital content]* / the provision of the following service: [description of service]*

c. Ordered on* / received on* [date of order for services or receipt for products]

d. [Name of consumer(s)]

e. [Address of consumer(s)]

f. [Signature of consumer(s)] (only when this form is submitted on paper)

* Delete as appropriate or fill in where applicable.