On this page you will find the general terms and conditions of the G'nger Webshop.
These General Terms and Conditions of the Dutch Thuiswinkel Organization (hereinafter referred to as Thuiswinkel.org) were drawn up in consultation with the Consumers' Association within the framework of the Self-Regulation Co-ordination Group (CZ) of the Social and Economic Council and will become effective as of 1 June 2014.
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and the consumer and the costs thereof
Article 9 - Obligations of the entrepreneur at withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional guarantee
Article 13 - Termination of the contract
Article 14 - Delivery and execution
Article 15 - Duration transactions duration, termination and extension
Article 16 - Payment
Article 17 - Complaints procedure
Article 18 - Disputes
Article 19 - Sector guarantee
Article 20 - Additional or different provisions
Article 21 - Amendment to the General Terms and Conditions of Thuiswinkel
In these terms and conditions, the following terms shall have the following meanings:
1. Ancillary contract means a contract in which 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. Grace period: The period within which the consumer can make use of his right of withdrawal;
3. Consumer" means a 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. Contract for an indefinite period of time: a contract for the regular supply of goods, services and/or digital content for a specific period of time;
7. Durable data carrier: every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation or use during a period of time that is tailored to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
9. 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 from a distance;
10. Distance contract: an agreement that is concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content and/or services, whereby until the conclusion of the agreement exclusive or partial use is made of one or more techniques for distance communication;
11. Model withdrawal form" means the European model withdrawal form set out in Annex I to these Terms and Conditions; Annex I need not be provided if the Consumer does not have a right of withdrawal with regard to his order;
12. Technology for remote communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
Name of Entrepreneur: G'nger Drinks BV
Trading under the name(s):
G'nger Drinks BV
Branch address: Doctor Willem Dreesweg 2, 1185VB Amstelveen
PO Box: PO Box 26, 5825ZG Overloon
Monday to Friday from 08.30 to 17.00
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: 81256108
VAT number: NL862021236B01
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the remote agreement is concluded, how the general conditions can be viewed at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer's request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and 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, prior to the conclusion of the distance selling agreement, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
4. If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply by analogy and the consumer can always rely on the applicable provision that is most favourable to him in case of conflicting conditions.
1. If an offer is of limited duration or is made subject to conditions, this shall be expressly 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 allow 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 content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
1. The agreement comes into being, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and fulfils the conditions laid down.
2. If the consumer has accepted the offer electronically, the entrepreneur shall confirm the receipt of the acceptance of the offer without delay electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur may, within the limits of the law, gather information about the consumer's ability to fulfil his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the remote agreement. If, on the basis of this investigation, 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. No later than at the time of delivery of the product, service or digital content, the entrepreneur shall 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:
- the visiting address of the trader's business establishment where the consumer can lodge complaints;
- 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;
- the information on guarantees and existing after-sales services;
- 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;
- the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite;
- if the consumer has a right of withdrawal, the model form for withdrawal.
6. In the event of an extended transaction, the provision in the previous paragraph shall apply only to the first delivery.
1. The consumer can dissolve an agreement related to the purchase of a product during a reflection period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to state his reason(s).
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 not being the carrier, has received the product, or:
- 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 entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with a different delivery time.
- 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;
- 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.
In the case of services and digital content which is not supplied on a tangible medium:
3. The consumer can terminate a service contract and a contract for delivery of digital content not supplied on a tangible medium during 14 days without giving any reason. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
4. The cooling-off period referred to in paragraph 3 shall commence on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content not supplied on a tangible medium in the absence of information on the right of withdrawal
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period shall expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period will end 14 days after the day on which the consumer received this information.
1. During the reflection period, the consumer will treat the product and its 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 be allowed to do in a shop.
2. The Consumer shall only be liable for any diminution in the value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer shall not be liable for any diminution in the value of the product if the entrepreneur has not provided him with all legally required information on the right of withdrawal before or at the time of concluding the contract.
1. If the consumer makes use of his right of withdrawal, he shall notify the entrepreneur of this within the cooling-off 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 shall return the product or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
3. The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
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 shall bear 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 bear 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 prepared for sale in a limited volume or set quantity, shall commence 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 commitment.
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- 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
- 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.
8. The consumer shall bear no cost for the complete or partial delivery of digital content not supplied on a tangible medium if:
- he has not expressly consented to the commencement of performance of the contract before the end of the cooling-off period;
- he has not acknowledged losing his right of withdrawal when giving his consent; or
- the trader has failed to confirm this declaration by the consumer.
9. If the consumer makes use of his right of withdrawal, all supplementary contracts shall be cancelled by operation of law.
1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he shall send an acknowledgement of receipt of this notification without delay.
2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer proves that he has returned the product, whichever comes first.
3. The entrepreneur shall use the same means of payment as the consumer has used for repayment, 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 reimburse the additional costs for the more expensive method.
The Entrepreneur can exclude the following products and services from the right of withdrawal only if the Entrepreneur indicated this clearly in the offer or at least in good time before concluding 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 may occur within the withdrawal period
2. Contracts 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 bound to purchase the products, digital content and/or services;
3. Service contracts, after full performance of the service, but only if:
- the execution has started with the consumer's explicit prior consent; and
- the consumer has declared that he loses his right of withdrawal when the entrepreneur has completely fulfilled the contract;
4. Package holidays as referred to in Article 7:500 of the Civil Code and passenger transport contracts;
5. 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;
6. Agreements relating to leisure activities, if the agreement provides for a certain date or period of execution;
7. 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;
8. Products that spoil quickly or have a limited shelf life;
9. 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;
10. Products which, after delivery, are irrevocably mixed with other products due to their nature;
11. Alcoholic beverages, the price of which has been agreed upon at the conclusion of the contract, but the delivery of which can only take place after 14 days, and the actual value of which is dependent on fluctuations in the market over which the entrepreneur has no influence;
12. Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
13. Newspapers, magazines or journals, with the exception of subscriptions to them;
14. The delivery of digital content other than on a tangible medium, but only if:
- the execution has started with the consumer's explicit prior consent; and
- the consumer has declared that he thereby loses his right of withdrawal.
1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, at variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices shall be stated with 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 provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
- they are the result of statutory regulations or provisions; or
- the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
5. The prices stated in the offer of products or services shall include VAT.
1. The entrepreneur guarantees that the products and / or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. By additional guarantee is meant every commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obligated to do in case he has failed to fulfil his part of the agreement.
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
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 general conditions, the entrepreneur will execute accepted orders with convenient speed but at least within 30 days, unless a different delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and the right to possible compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur shall return the amount paid by the consumer without delay.
5. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative previously designated and announced to the entrepreneur, unless otherwise expressly agreed.
1. The consumer may terminate an agreement entered into for an indefinite period of time and which extends to the regular delivery of products or services at any time, subject to the agreed termination rules and a maximum notice of one month.
2. The consumer may terminate a fixed-term contract that was concluded for the regular supply of products or services at any time at the end of the fixed-term with due observance of the agreed termination rules and a period of notice that does not exceed one month.
3. The consumer may terminate the contracts referred to in the previous paragraphs:
- termination at any time and not be limited to termination at a specific time or in a specific period;
- termination at least in the same way as they were entered into by him;
- termination always with the same period of notice as the entrepreneur has stipulated for himself.
4. An agreement that has been entered into for a definite period of time and that is intended for the regular supply of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
5. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a maximum period of three months, if the consumer has the right to terminate this renewed contract at the end of the renewal period, with a period of notice that does not exceed one month.
6. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month. The maximum notice period is three months if the contract is about the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) shall not be automatically continued and shall end automatically at the end of the trial or introductory period.
8. If a contract has a duration of more than one year, after one year the consumer may at any time terminate with a notice of up to one month, unless reasonableness and fairness resisting the termination before the end of the agreed term.
1. As far as it has not been determined otherwise in the agreement 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 agreement. In case of an agreement for the provision of a service, this period starts on the day after the consumer has received the confirmation of the agreement.
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 stipulated, the consumer cannot invoke any right regarding the execution of the order or service(s) concerned before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
4. If the consumer does not meet his payment obligation(s) on time, he shall, after being reminded by the proprietor of the lateness and after the proprietor has allowed the consumer a period of 14 days to meet his payment obligations as yet, owe the statutory interest on the amount due and the proprietor has the right to charge extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% over amounts outstanding up to € 2500; 10% over the next € 2500; and 5% over the next € 5000, with a minimum of € 40. The proprietor can deviate from the aforementioned amounts and percentages in favour of the consumer.
1. The entrepreneur shall have a sufficiently notified complaints procedure and shall handle the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has found the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. A complaint about a product, a service or the trader's service can also be submitted via a complaints form on the consumer page of the Thuiswinkel.org website. The complaint is then sent both to the trader concerned and to Thuiswinkel.org.
5. The consumer should give the entrepreneur at least four weeks to resolve the complaint in mutual consultation. After this period a dispute arises that is subject to the dispute settlement procedure.
1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. Disputes between a consumer and an trader over the conclusion or exercising of contracts relating to products and services to be supplied by this trader can be put before the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP in The Hague (sgc.nl), by either the consumer or the trader, with due observance of that which is stipulated below.
3. A dispute is only taken into consideration by the Dispute Commission if the consumer has first submitted his complaint to the entrepreneur within a reasonable period.
4. If the complaint does not lead to a solution, the dispute must be submitted to the Dispute Commission in writing or in another form determined by the Commission, within 12 months of the date on which the consumer submitted the complaint to the entrepreneur.
5. When the consumer wishes to submit a dispute to the Dispute Commission, the entrepreneur is bound to this choice. Preferably, the consumer should report this to the entrepreneur first.
6. When the entrepreneur wants to submit a dispute to the Dispute committee, 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 handled by the competent court. If the entrepreneur does not hear the choice of the consumer within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
7. The Disputes Committee pronounces its judgment under the conditions as set out in the regulations of the Disputes Committee (degeschillencommissie.nl/over-ons/de-commissions/2404/thuiswinkel). The decisions of the Disputes Committee are made by way of a binding opinion.
8. The Disputes Committee will not deal with a dispute or will terminate the proceedings if the entrepreneur has been granted a suspension of payments, gone bankrupt or has actually terminated his business activities before the committee dealt with the dispute at the session and rendered a final ruling.
9. If, in addition to the Thuiswinkel Disputes Committee, another disputes committee is authorized or is affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid), then, for disputes concerning mainly the method of distance selling or the provision of services, the Thuiswinkel Disputes Committee is, in preference, authorized. For all other disputes, the other disputes committee recognised by the SGC or Kifid.
1. org guarantees that its members will comply with the binding advice issued by the Thuiswinkel Disputes Committee, unless the member decides to submit the binding advice to the court for verification within two months of the binding advice being sent. This guarantee will be revived if the binding advice is upheld after review by the court and the judgement from which this results has become final and conclusive. Up to a maximum amount of € 10.000,- per binding advice, this amount will be paid to the consumer by Thuiswinkel.org. For amounts larger than € 10.000,- per binding advice, € 10.000,- will be paid. When the amount exceeds this amount, Thuiswinkel.org has a duty of care to ensure that the member complies with the binding advice.
2. In order to apply this guarantee it is necessary that the consumer makes a claim in writing to Thuiswinkel.org and that he transfers his claim on the trader to Thuiswinkel.org. If the claim on the trader exceeds € 10.000,-, the consumer will be offered to transfer his claim as far as it exceeds the amount of € 10.000,- to Thuiswinkel.org, after which this organisation will claim payment in court on its own name and costs.
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a long-term data carrier.
org shall not amend these general terms and conditions except in consultation with the Consumers' Association.
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 most favourable to the consumer shall prevail.
Horaplantsoen 20, 6717 LT Ede
Postbus 7001, 6710 CB Ede
Annex I: Model withdrawal form
Model withdrawal form (complete and return this form only if you wish to withdraw from the contract)
- To: [ name of trader]
[ geographical address of trader]
[ fax number of trader, if available]
[ email address or electronic address of trader]
- I/We* hereby give notice that I/We* withdraw from my contract for the sale of the following products: [product designation]*
the supply of the following digital content: [digital content designation]*
the provision of the following service: [service designation]*,
- Ordered on*/received on* [date of order in case of services or date of receipt in case of products]
- [Name of consumer(s)]
- [Address of consumer(s)]
- [Signature of consumer(s)] (only if this form is submitted on paper)
* Delete where not applicable or fill in where applicable.
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