General Conditions Winkelselect Consumer Services B.V.
Article 1 Definitions
In these conditions shall apply:
| Winkelselect |
the private company shop Consumer Services B.V. (2993 LD) Barendrecht on the Oslo 15 |
| Consumer |
natural person not acting in pursuit of professional or business and enter into a contract with Winkelselect and is domiciled in the Netherlands or Belgium |
| Agreement |
an agreement between consumer and Winkelselect is committed to taking one or more consumer goods to be delivered against payment by consumers of the relevant fee |
| Reflection |
the period within the consumer can exercise his right of withdrawal |
| Return Policy |
the ability of consumers to see at the reflection in the contract |
| Day |
Calender day |
| Durable medium |
means any information that is addressed to him personally, stored in a way that future consultation and unaltered reproduction of the information is allowed |
Article 2 Applicability
- These general conditions apply to each offer from the WinkelSelect Catalog and any agreement reached between the Catalog WinkelSelect and consumers.
- Additional or different terms and conditions of these provisions apply only if they are in writing and signed by the parties for approval.
- Any inconsistency in terms of these conditions prevail WinkelSelect Catalog.
- When these conditions are subject to modification, the modified version of part of each after the time of the effect of the change negotiated agreement.
Article 3 Offer, order and formation of the contract
- All bids or offers from WinkelSelect are entirely without obligation, unless it is expressly provided in writing. If a tender offer or a binding offer and this offer has been accepted by the consumer has the right Select this shop offer within two business days after becoming aware of the acceptance by consumers to withdraw.
- If an offer has a limited duration or conditions of qualification, it is explicitly stated in the offer.
- The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed for a proper assessment of the offer by the consumer. If WinkelSelect is using graphics they are a true reflection of the products and / or services. Obvious errors, price changes, printing, printing errors - all in the broadest sense – make the offer not binding for WinkelSelect Catalog.
- The agreement comes about at the moment of acceptance by the consumer of the offer and complies with any conditions that are stated. Consumer accepts its order by these terms and conditions.
- If the electronic contract is created, WinkelSelect takes the appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe web environment.
- Between the parties, the content of the order of consumers as they shop by WinkelSelect is received as truthful. Import errors or other mistakes made when placing the order are at the risk and costs of the consumer.
- WinkelSelect can verify if the consumer is solvable to meet the payment requirements, as well as all those facts and factors relevant to a sound conclusion of the contract. WinkelSelect is entitled to decline the contract or to add special conditions to the contract.
Article 4 Right of withdrawal
- When purchasing products, the consumer has the option agreement without giving any reason to dissolve in seven days. This period begins on the day following receipt of the product by or on behalf of consumers. Invocation of the dissolution should consumers do it through a written communication addressed to WinkelSelect, that WinkelSelect has reached in the earlier mentioned period.
- During this period, consumers will carefully handle the product and packaging. He will extract product only to the extent where it is necessary to determine whether the product they want to hold. The product is not actually used or damaged.
- Consumers should return goods and accessories in the case described in the previous article in its original condition and packaging within 7 days after the above notice stated and sent by WinkelSelect. The costs of return are borne by consumers.
- If the consumer has paid an amount, WinkelSelect will reimburse this amount within 30 days after reception of the returned products.
- The following products shall exclude the right of withdrawal:
- products that WinkelSelect has created according to specifications of the consumer;
- products that are clearly personal in nature;
- products which by their nature cannot be returned;
- products that rapidly deteriorate or expire;
- audio and video recordings and computer software that have broken seals.
Article 5 Pricing
- Supply of products made at the time of the conclusion of the agreement by WinkelSelect prices and tariffs.
- WinkelSelect reserves the right to change prices and tariffs. Changes in the prices and tariffs - unless otherwise agreed – are valid from the moment they are introduced by WinkelSelect.
- In the event of a price or rate increase within three months after the signing of the agreement, WinkelSelect will inform the consumer appropriately and within reason. If consumer does not wish to receive this award and / or rate increase, consumer is entitled to terminate the agreement by giving a written notice to WinkelSelect. If WinkelSelect does not receive this notice within 30 days after consumer notification on price and / or rate increase or at least after consumer of reasonably apprised it is consumers deemed to have agreed to the price and / or rate increase.
- Prices of the products on display are including VAT.
Article 6 Payment
- Consumers can pay by using the following methods of payment:
- iDEAL (ABN AMRO, Rabobank, Fortis, ING, SNS, Friesland bank, ASN bank)
- on account
- One-off permission
- Credit card information is not stored in a database and immediately removed after the transaction with WinkelSelect.
- Payment by the consumer must be made within 30 days after the invoice date as indicated, to the bank and account number of WinkelSelect, unless otherwise expressly agreed in writing. This is a payment deadline. When the period for payment is overdue, consumers can in default without notice and will WinkelSelect be entitled to charge a 1% interest per month. All unpaid invoices will be due immediately, in that case. WinkelSelect reserves the right to change the rates within the rules of the law.
- If the consumer does not pay on time or not at all, WinkelSelect will charge the following costs:
Principal sum + Interest
From |
Principal sum+ Interest
To |
Collection costs
Taxes 19% VAT |
Collection costs
Including 19% VAT |
| € 0,00 |
€ 250,00 |
€ 37,00 |
€ 44,03 |
| € 250,01 |
€ 500,00 |
€ 75,00 |
€ 89,25 |
| € 500,01 |
€ 1.250,00 |
€ 150,00 |
€ 178,50 |
| € 1.250,01 |
€ 2.500,00 |
€ 300,00 |
€ 357,00 |
| € 2.500,01 |
€ 3.750,00 |
€ 450,00 |
€ 535,50 |
| € 3.750,01 |
€ 5.000,00 |
€ 600,00 |
€ 714,00 |
| € 5.000,01 |
€ 10.000,00 |
€ 700,00 |
€ 833,00 |
| € 10.000,01 |
€ 20.000,00 |
€ 800,00 |
€ 952,00 |
| € 20.000,01 |
€ 40.000,00 |
€ 1.000,00 |
€ 1.190,00 |
| € 40.000,01 |
€ 100.000,00 |
€ 1.500,00 |
€ 1.785,00 |
| € 100.000,01 |
€ 200.000,00 |
€ 2.500,00 |
€ 2.975,00 |
| € 200.000,01 |
€ 400.000,00 |
€ 3.500,00 |
€ 4.165,00 |
| € 400.000,01 |
€ 1.000.000,00 |
€ 4.500,00 |
€ 5.355,00 |
| € 1.000.000,01 |
more |
€ 5.500,00 |
€ 6.545,00 |
WinkelSelect has the right to charge the actual costs to the consumer if the amount exceeds this calculation.
- Consumer is not allowed to settle payment obligations with obligations that WinkelSelect could have with consumer, without a written consent of WinkelSelect.
- WinkelSelect has the right at any time in advance, cash or security for the payment of consumer desire.
- The consumer has a duty to inform WinkelSelect promptly on inaccuracies in data supplied. Consumer should also report immediately any changes in address to WinkelSelect.
- Down payment
WinkelSelect is entitled by entering into a contract with a new customer to
ask a deposit of 10% of the purchase or a copy of proof of identity and residence address.
Article 7 Delivery and implementation
- WinkelSelect will take the greatest possible care when receiving and carrying out orders for products.
- WinkelSelect uses delivery deadlines and targets, but they are not mandatory.
- WinkelSelect is entitled to suspend its obligations towards consumer until consumer has fulfilled its (payment) obligations against WinkelSelect has met.
- The risk of damage and / or loss of products are based to the time of delivery to WinkelSelect.
Article 8 Force Majeure
- Force majeure means any shortcoming in the implementation of the agreement WinkelSelect or consumers can not be held responsible for, because it is not due to the fault of WinkelSelect or consumers, nor under the law, legal act or generally accepted account WinkelSelect or consumers.
- In case of temporary force majeure at WinkelSelect, including the situation that a consumer product ordered is not available, WinkelSelect is entitled to extend the desired delivery to the period during which the temporary force majeure took place.
- In case of permanent force majeure, which means a circumstance which is beyond WinkelSelect or consumer's reasonable control that result in the incapacity to deliver the goods, including the situation where a product is sold out, each party is entitled to declare the agreement void. In this case of force majeure, WinkelSelect can not reimburse consumers for the loss he suffered from this event.
Article 9 Complaints and return deliveries
- In the case of any complaints of the consumer, consumer should send this written complaint to WinkelSelect within 10 days after delivery.
- If the order is not satisfactory.
- When returning articles which have been rewarded by Winkelselect with a bonus or extra attention (for instance by having reached a certain ordervalue or through any other action/offer), the bonus article needs to be returned in the original state in which it was sent if, by cancellation of the order, the original (ordervalue)terms for receipt of such a bonus or attention are not met. If the bonus article is not returned, Winkelselect will post-charge the original price of said article.
Article 10 Conformity and Warranty
- WinkelSelect store offers over one year warranty on its products delivered.
- WinkelSelect gives its reliability and / or usability of its products supplied, conform the specifications.
- The invoice is sent along with the article as proof. The date of the invoice is the date of warranty.
- In the event of a valid complaint within the warranty period, the shipping cost for WinkelSelect. If the complaint is not valid, the shipping costs will be paid by the consumer.
- When a complaint is valid, WinkelSelect will repair, or partially repair or replace it. WinkelSelect gives a 3 months warranty on repairs.
- Consumers cannot claim a warranty claim in the following situations:
- If there are changes/alterations in or on the article made by the consumer or others;
- In case of damage by intent or by negligence;
- In improper use or improper maintenance or acts of God (such as lightning, power outages, water damage, natural disasters, etc.);
- Due to normal wear and tear;
- If the manual or instructions were not followed appropriately;
- If the purchase date on the invoice was altered or made illegible;
- If the consumer does not allow WinkelSelect proper time or the opportunity to examine the product and to have it repaired;
- If the consumer fails to comply with its obligations;
- WinkelSelect is not liable for damages by the consumer or third party by using a WinkelSelect delivered item, unless the consumer proves that the damage was caused by intent or gross negligence of WinkelSelect.
- The (in) direct costs or damage suffered by consumers or third parties of the use of a defective item are not reimbursable unless the consumer proves that the costs or damages were caused by intent or gross negligence of WinkelSelect.
- The liability of WinkelSelect is still limited to the amount of money the insurance company is paying.
Article 11 Retention
- WinkelSelect retains the ownership of all goods supplied to consumer for as long as consumer has paid all financial obligations towards WinkelSelect as stipulated in the contract.
- Consumer is obliged to first request WinkelSelect a possessory pledge to draw on all the preceding article matters insofar as the retention of WinkelSelect on these things at any time offset to be lost, or to otherwise assured for WinkelSelect residence.
- Products are at full risk and expenses to consumer immediately after the factual delivery of the products.
Article 12 Other
- WinkelSelect agreements between consumers and these general conditions are subject to Dutch law.
- All disputes arising under the contract and its general conditions between WinkelSelect and consumers resident in the Netherlands, by the parties should be submitted to the competent judge of the district in which defendant is domiciled.
- All disputes arising from the agreement and relevant general terms and conditions between WinkelSelect and consumers resident in Belgium must be submitted by the parties before the court in Antwerp, Belgium.