Terms of service
These General Terms and Conditions of the Dutch Thuiswinkel Organisatie (hereinafter: Thuiswinkel.org) were drawn up in consultation with the Consumentenbond, within the framework of the Coordination Group on Self-Regulation (CZ) of the Social and Economic Council of the Netherlands, and enter into force on 1 June 2014.
Contents
ARTICLE 2. IDENTITY OF THE TRADER
ARTICLE 6. RIGHT OF WITHDRAWAL
ARTICLE 8. EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND THE COSTS THEREOF
ARTICLE 9. OBLIGATIONS OF THE TRADER UPON WITHDRAWAL
ARTICLE 10. EXCLUSION OF THE RIGHT OF WITHDRAWAL
ARTICLE 12. COMPLIANCE AND ADDITIONAL WARRANTY
ARTICLE 13. DELIVERY AND PERFORMANCE
ARTICLE 14. CONTINUING TRANSACTIONS: DURATION, TERMINATION AND RENEWAL
ARTICLE 16. COMPLAINTS PROCEDURE
ARTICLE 1. DEFINITIONS
In these terms and conditions, the following definitions apply:
1.1 Additional agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract, where 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;
1.2 Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
1.3 Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
1.4 Day: calendar day;
1.5 Digital content: data which are produced and supplied in digital form;
1.6 Continuing performance contract: an agreement for the regular supply of goods, services and/or digital content over a certain period;
1.7 Durable medium: any instrument, including e-mail, that enables the consumer or the trader to store information addressed to them personally in a way that permits future consultation or use for a period appropriate to the purpose of the information, and that allows the unaltered reproduction of the stored information;
1.8 Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
1.9 Trader: Issu & Lloyd;
1.10 Distance contract: an agreement concluded between the trader and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, where up to and including the conclusion of the agreement exclusive or partial use is made of one or more means of distance communication;
1.11 Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I need not be made available if the consumer has no right of withdrawal in respect of their order;
1.12 Means of distance communication: a means that can be used to conclude an agreement without the consumer and the trader having to be in the same room at the same time.
ARTICLE 2. IDENTITY OF THE TRADER
2.1 Name of the trader: Issu & Lloyd
2.2 Trading under the name(s): Issu & Lloyd
2.3 Website: www.issuandlloyd.com
2.4 Registered address (correspondence address, not a returns address): Herengracht 582, 1017CJ Amsterdam, the Netherlands
2.5 E-mail address: service@issuandlloyd.com
2.6 KvK (Chamber of Commerce) number: 86280716
2.7 VAT identification number: NL004221677B74
2.8 Returns: return shipments must be registered in advance via the returns portal at Issu & Lloyd Returns Page. Issu & Lloyd processes returns via this returns portal and does not use a public returns address on this page.
ARTICLE 3. APPLICABILITY
3.1 These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
3.2 Before the distance contract 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 the distance contract is concluded, 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 at the consumer's request.
3.3 If the distance contract is concluded electronically, then, notwithstanding 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 electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge, electronically or otherwise, at the consumer's request.
3.4 Where, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy, and in the event of conflicting conditions the consumer may always rely on the applicable provision that is most favourable to them.
ARTICLE 4. THE OFFER
4.1 If an offer is subject to a limited period of validity or is made under conditions, this will be stated explicitly in the offer.
4.2 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 trader uses images, they are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
4.3 Every offer contains such information that the rights and obligations attached to acceptance of the offer are clear to the consumer.
ARTICLE 5. THE AGREEMENT
5.1 Subject to the provisions of paragraph 5.4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
5.2 If the consumer has accepted the offer electronically, the trader will confirm receipt of the acceptance of the offer electronically without delay. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
5.3 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 secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for this purpose.
5.4 Within the limits of the law, the trader may inform itself whether the consumer is able to meet their payment obligations, as well as of all those facts and factors that are relevant for responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the agreement, the trader is entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
5.5 At the latest upon delivery of the product, service or digital content to the consumer, the trader will send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
5.5.1 the visiting address of the trader's establishment where the consumer can lodge complaints;
5.5.2 the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice that the right of withdrawal is excluded;
5.5.3 information about warranties and existing after-sales service;
5.5.4 the price including all taxes of the product, service or digital content; where applicable the delivery costs; and the method of payment, delivery or performance of the distance contract;
5.5.5 the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
5.5.6 if the consumer has a right of withdrawal, the model withdrawal form.
5.6 In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
ARTICLE 6. RIGHT OF WITHDRAWAL
For products:
6.1 The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of up to 14 days without giving reasons. The trader may ask the consumer for the reason for the withdrawal, but may not oblige the consumer to state their reason(s).
6.2 The cooling-off period referred to in paragraph 6.1 begins 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:
6.2.1 if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. The trader may, provided the consumer was clearly informed of this before the ordering process, refuse an order for several products with different delivery times.
6.2.2 if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by the consumer, received the last shipment or the last part;
6.2.3 for agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by the consumer, received the first product.
For services and digital content not supplied on a tangible medium:
6.3 The consumer may dissolve a services agreement and an agreement for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The trader may ask the consumer for the reason for the withdrawal, but may not oblige the consumer to state their reason(s).
6.4 The cooling-off period referred to in paragraph 6.3 begins on the day following the conclusion of the agreement.
Extended cooling-off period if the consumer is not informed:
6.5 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 determined in accordance with the previous paragraphs of this article.
6.6 If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date 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. OBLIGATIONS OF THE CONSUMER DURING THE COOLING-OFF PERIOD
7.1 During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will unpack or use the product only to the extent necessary to establish the nature, characteristics and functioning of the product. The starting point is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
7.2 The consumer is liable only for any diminished value of the product resulting from handling of the product that goes beyond what is permitted in paragraph 7.1.
7.3 The consumer is not liable for any diminished value of the product if the trader has not provided all legally required information about the right of withdrawal before or at the conclusion of the agreement.
ARTICLE 8. EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND THE COSTS THEREOF
8.1 If the consumer exercises the right of withdrawal, the consumer will notify the trader within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
8.2 As soon as possible, but within 5 days of the day following the notification referred to in paragraph 8.1, the consumer will return the product or hand it over to (an authorised representative of) the trader. This is not necessary if the trader has offered to collect the product itself. The consumer has in any case observed the return period if the product is returned before the cooling-off period has expired.
8.3 The consumer returns the product with all accessories supplied, where reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
8.4 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
8.5 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 have to bear the costs of return.
8.6 If the consumer withdraws after first having expressly requested that the performance of the service begin during the cooling-off period, the consumer owes the trader an amount proportionate to that part of the obligation that the trader has fulfilled at the time of withdrawal, compared with full performance of the obligation.
8.7 The consumer bears no costs for the performance of services if:
8.7.1 the trader has not provided the consumer with the legally required information about the right of withdrawal, the compensation of costs upon withdrawal or the model withdrawal form, or;
8.7.2 the consumer has not expressly requested that the performance of the service begin during the cooling-off period.
8.8 The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium if:
8.8.1 before its delivery, the consumer has not expressly consented to the start of performance of the agreement before the end of the cooling-off period;
8.8.2 the consumer has not acknowledged losing their right of withdrawal upon giving consent; or
8.8.3 the trader has failed to confirm this statement of the consumer.
8.9 If the consumer exercises the right of withdrawal, all additional agreements are dissolved by operation of law.
Additional provision Issu & Lloyd (returns portal):
8.10 For purchases via www.issuandlloyd.com, the consumer must register the return shipment in advance via the returns portal at Issu & Lloyd Returns Page. Returns that have not been registered in advance may be refused by Issu & Lloyd or not be processed.
Additional provision Issu & Lloyd (return costs per country):
8.11 Return costs may vary per country. The consumer bears the return costs in whole or in part, unless expressly agreed otherwise or stated in the returns portal.
ARTICLE 9. OBLIGATIONS OF THE TRADER UPON WITHDRAWAL
9.1 If the trader enables the consumer to give notice of withdrawal electronically, the trader will send an acknowledgement of receipt without delay upon receipt of that notice.
9.2 The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay and in any event within 14 days following the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product itself, it may wait with the reimbursement until it has received the product or until the consumer demonstrates that the product has been returned, whichever is earlier.
9.3 The trader will use the same means of payment for the reimbursement that the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
9.4 If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs of the more expensive method.
ARTICLE 10. EXCLUSION OF THE RIGHT OF WITHDRAWAL
10.1 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:
10.1.1 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;
10.1.2 Agreements concluded during a public auction (…);
10.1.3 Services agreements, after full performance of the service, but only if:
10.1.3.1 the performance has begun with the express prior consent of the consumer; and
10.1.3.2 the consumer has declared that they lose the right of withdrawal as soon as the trader has fully performed the agreement;
10.1.4 Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
10.1.5 Services agreements for the provision of accommodation (…);
10.1.6 Agreements relating to leisure activities (…);
10.1.7 Products made to the consumer's specifications (…);
10.1.8 Products that spoil quickly or have a limited shelf life;
10.1.9 Sealed products which, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery;
10.1.10 Products which, after delivery, are by their nature irrevocably mixed with other products;
10.1.11 Alcoholic beverages (…);
10.1.12 Sealed audio and video recordings and computer software (…);
10.1.13 Newspapers, periodicals or magazines, with the exception of subscriptions to them;
10.1.14 The supply of digital content other than on a tangible medium, but only if:
10.1.14.1 the performance has begun with the express prior consent of the consumer; and
10.1.14.2 the consumer has declared that they thereby lose the right of withdrawal.
Additional provision Issu & Lloyd (hygiene seal):
10.2 For products that are not suitable for return for reasons of hygiene, the right of withdrawal is excluded if the seal/hygiene seal has been broken after delivery.
10.2.1 This includes in any case: underwear, bikinis and swimwear, if the hygiene seal has been removed or broken.
ARTICLE 11. THE PRICE
11.1 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 resulting from changes in VAT rates.
11.2 Notwithstanding the previous paragraph, the trader may offer products or services whose prices are tied to fluctuations in the financial market (…) at variable prices.
11.3 Price increases within 3 months of the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
11.4 Price increases from 3 months after the conclusion of the agreement are permitted only if the trader has stipulated this and:
11.4.1 they result from statutory regulations or provisions; or
11.4.2 the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
11.5 The prices stated in the offer of products or services include VAT.
ARTICLE 12. COMPLIANCE AND ADDITIONAL WARRANTY
12.1 The trader warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the trader also warrants that the product is suitable for use other than normal use.
12.2 An additional warranty provided by the trader, its supplier, manufacturer or importer never limits the statutory rights and claims (…).
12.3 Additional warranty means any obligation (…).
ARTICLE 13. DELIVERY AND PERFORMANCE
13.1 The trader will exercise the greatest possible care in receiving and processing orders for products and in assessing requests for the provision of services.
13.2 The place of delivery is the address that the consumer has made known to the trader.
13.3 Subject to what is stated in Article 4 in this regard, the trader will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed (…), the consumer will be notified of this no later than 30 days after placing the order. In that case the consumer has the right to dissolve the agreement without costs and is entitled to any compensation for damages.
13.4 After dissolution in accordance with the previous paragraph, the trader will reimburse the amount paid by the consumer without delay.
13.5 The risk of damage and/or loss of products rests with the trader until the moment of delivery (…), unless expressly agreed otherwise.
Additional provisions Issu & Lloyd (shipping time, carriers, costs, members):
13.6 Issu & Lloyd aims to ship orders within 1 to 2 working days (unless stated otherwise on the product page or at checkout).
13.7 Issu & Lloyd ships orders via PostNL, DPD or DHL.
13.8 Shipping costs within the EU are stated at checkout.
13.9 Free shipping within the Netherlands and Belgium applies to members on orders from €175.
13.9.1 Members are customers who have created a free account on www.issuandlloyd.com.
Additional provision Issu & Lloyd (reporting damage/incorrect delivery):
13.10 If a product is damaged or does not correspond to the order, the consumer must report this within 24 hours of receiving the product via service@issuandlloyd.com, stating the order number and (where possible) photos and videos for assessment.
ARTICLE 14. CONTINUING TRANSACTIONS: DURATION, TERMINATION AND RENEWAL
Termination:
14.1 The consumer may terminate at any time an agreement entered into for an indefinite period and intended for the regular delivery of products (including electricity) or services, in compliance with the termination rules agreed for that purpose and a notice period of no more than one month.
14.2 The consumer may terminate at any time, towards the end of the fixed term, an agreement entered into for a fixed term and intended for the regular delivery of products (including electricity) or services, in compliance with the termination rules agreed for that purpose and a notice period of no more than one month. 14.3 The consumer may, with regard to the agreements referred to in the previous paragraphs:
14.3.1 terminate them at any time and not be limited to termination at a particular time or within a particular period; 14.3.2 terminate them at least in the same manner as they were entered into by the consumer;
14.3.3 always terminate them with the same notice period as the trader has stipulated for itself.
Renewal:
14.4 An agreement entered into for a fixed term, which is intended for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed period.
14.5 Notwithstanding the previous paragraph, an agreement for newspapers (daily/weekly) and magazines may be tacitly extended for a fixed period of no more than three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month..
14.6 An agreement entered into for a fixed term and intended for the regular delivery of products or services may be tacitly extended for an indefinite period only if the consumer may terminate at any time with a notice period of no more than one month. The notice period is no more than three months where the agreement is intended for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines. 14.7 An agreement of limited duration for the regular delivery, by way of introduction, of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration:
14.8 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 notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
ARTICLE 15. PAYMENT
15.1 Insofar as not otherwise provided in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, if there is no cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period begins on the day after the consumer has received confirmation of the agreement.
15.2 In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. Where advance payment has been stipulated, the consumer cannot assert any right regarding the performance of the order or service(s) concerned before the stipulated advance payment has been made.
15.3 The consumer has a duty to report inaccuracies in payment details provided or stated to the trader without delay.
15.4 If the consumer does not meet their payment obligation(s) in time, then, after the trader has pointed out the late payment and has granted the consumer a period of 14 days to still pay, and payment has not been made within this 14-day period, the consumer owes statutory interest on the amount still due and the trader is entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% of outstanding amounts up to € 2.500,=; 10% of the next € 2.500,= and 5% of the next € 5.000,= with a minimum of € 40,=. The trader may deviate from the stated amounts and percentages in favour of the consumer.
Additional provision Issu & Lloyd (payment methods):
15.5 On www.issuandlloyd.com the consumer can pay with: iDEAL/Wero, iDEAL in3, Klarna, AfterPay, credit card, Apple Pay, Google Pay, Bancontact, KBC & CBC Payment Button and Trustly (depending on country/checkout settings).
ARTICLE 16. COMPLAINTS PROCEDURE
16.1 The trader has a sufficiently well-publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
16.2 Complaints about the performance of the agreement must be submitted to the trader, fully and clearly described, within a reasonable time after the consumer has discovered the defects.
16.3 Complaints can be submitted via: klachten@issuandlloyd.com.
16.4 Complaints submitted to the trader will be answered within 14 days, counted from the date of receipt. If a complaint foreseeably requires a longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
16.5 The consumer must in any event give the trader 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises which is open to the dispute resolution procedure.
