Download general terms and conditions

AV CZ / 79 January 1, 2012 

These Terms and Conditions of the Dutch Home Shopping Organization were drawn up in consultation with the Consumer in the context of the Self (CZ) of the Social and Economic Council and entered into force on January 1, 2012. 
These Terms and Conditions will be used by all members of the Dutch Home Shopping Organization except financial services under the Financial Supervision Act and to the extent these services are supervised by the Financial Markets Authority. 

Table of Contents 

Article 1 Definitions 
Article 2 Identity of the entrepreneur 
Article 3 Applicability 
Article 4 The supply 
Article 5 The Agreement 
Article 6 Right of withdrawal 
Article 7 Costs in case of withdrawal 
Article 8 Exclusion Ting right of withdrawal 
Article 9 The price 
Article 10 Conformity and warranty 
Article 11 Delivery and implementation 
Article 12 Payment 
Article 13 Complaints 
Article 14 Disputes 
Article 15 Trade Guarantee 

Article 1 - Definitions 

In these terms and conditions shall apply: 
Grace period: The period during which the consumer can exercise his right of withdrawal; 
Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur; 
Day: calendar; 
Transaction Duration: a distance contract relating to a range of products and / or services, the supply and / or purchase is spread over time; 
Durable medium: any means that the consumer or business that enables information that is addressed to him personally, to store in a way that future consultation and unaltered reproduction of the stored information. 
Right of withdrawal: the ability for the consumer to waive the distance contract within the cooling-off; 
Entrepreneur: the natural or legal person who is a member of the Dutch Home Shopping Organization and products and / or remote services to the consumer; 
Distance contract means an agreement made ​​in the framework of a system organized by the Entrepreneur for distance sale of products and / or services until the conclusion of the agreement exclusive use of one or more means of distance communication; 
Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same room; 

Article 2 - Identity of the entrepreneur 

Shop La Mexicana 
trading under the name: Shop La Mexicana 
Registered address: 
Peter Blokhof 10-3 
1065 XJ Amsterdam 
Tel: 06 198 97 519 (local rate) 
Availability: 24 hours a day, 7 days a week 
Chamber of Commerce number: 53586484 
VAT number: NL74997117B01 
If the activity of the entrepreneur is subject to a relevant licensing: the details of the supervisory authority; 
If the operator of a regulated profession: 
· The professional association or organization with which he is affiliated; 
· The professional, the place in the EU or the European Economic Area in which it was granted; 
· A reference to the professional rules applicable in the Netherlands and instructions where and how these professional rules can be accessed. 

Article 3 - Applicability 

1 These general conditions apply to every offer of the entrepreneur and any agreement concluded at a distance between businesses and consumers. 
2 Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, indicated that the general conditions for the entrepreneur to see and they will be sent. As soon as possible free of charge on request of the consumer 
3 If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general conditions are set in such a way that the consumer has to electronically consumers can be stored on a durable medium. in a simple way If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions can be taken and that electronically or otherwise will be sent free of charge. Request of the consumer electronically 
4 In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision for him This is the most favorable.

Article 4 - The offer 

1 If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer. 
2 The offer contains a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow. Proper assessment of the offer by the consumer If the contractor uses these images do not exactly match the product offered, since the entrepreneur often am offering handmade products, each product is unique. Match this Obvious mistakes or errors in the offer does not bind the entrepreneur. 
3 Each offer contains such information that is clear to the consumer what rights and obligations which are attached. To the acceptance of the offer This concerns in particular: 
· The price including taxes; 
· Any costs of delivery; 
· The manner in which the agreement will be achieved and what actions are required; 
· Whether to apply the right of withdrawal; 
· The method of payment, delivery or performance of the contract; 
· The deadline for accepting the offer, or the deadline for adhering to the price; 
· The level of the rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate of communication; 
· Whether the agreement after the adoption is filed, and if so, is how to be accessed by the consumer; 
· The way the consumer before the conclusion of the contract, the information provided by him under the agreement can check and repair if required; 
· Any languages, including Dutch, the contract can be concluded; 
· The conduct to which the trader is subject and the way in which the consumer can consult these behavioral codes electronically; and 
· The minimum duration of the distance contract in the event of an extended transaction. 

Article 5 - The contract 

1 The agreement comes into effect at the time of the consumer accepts the offer and meet the corresponding conditions. 
2 If the agreement is created electronically, the trader will take appropriate technical and organizational measures to facilitate the electronic transfer. If the consumer can pay electronically, the trader will take appropriate safety precautions. 
3 The entrepreneur will the product to the consumer the following information, enclose by email: 
· The additional invoice containing all business of the entrepreneur, including the business account number, the chamber of commerce number, VAT number, the address of the establishment and further contact details. 

Article 6 - Right of withdrawal 

1 When purchasing products, the consumer can cancel the contract without giving any reason within 14 (fourteen) days. This period starts on the day after receipt of the product by the consumer or designated in advance by the consumer and the entrepreneur announced representative. 
2 During this period the consumer will treat the product and packaging. He will only unpack the product to the extent of use to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will be the product with all accessories and - returned in the original condition and packaging to the Entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur - if reasonably possible. 

Article 7 - Costs in case of withdrawal 

1 If the consumer exercises his right of withdrawal, will not exceed the cost of returning the goods. 
2 If the consumer has paid an amount, the entrepreneur this amount as soon as possible but no later than 30 (thirty) days after the return or cancellation, refund. 

Article 8 - Exclusion of right of withdrawal 

1 If it is not about a right of withdrawal, the consumer, may be excluded entrepreneur submitted clearly in the offer, at least in time for the conclusion of the agreement, indicated by the entrepreneur. Only 
2 Exclusion of the right of withdrawal is only possible for products which have been made to the consumer's specifications by the entrepreneur. 

Article 9 - The price 

1 During the period mentioned in the offer prices of the products and / or services have not increased, except for price changes resulting from changes in tax rates. 
2 Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are stated in the offer. 
3 Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of legislation or regulations. 
4 Price increases from 3 months after the conclusion of the contract are only allowed if the trader has agreed and: 
a. they are the result of legislation or regulations; or 
b. the consumer has the power to terminate at the date the increase takes effect. 
5. in the provision of products or services mentioned prices include VAT. 

Article 10 - Compliance and Warranty 

1 The company guarantees that the products and / or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and existing legal on the date of the conclusion of the agreement provisions and / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use. 
2. warranty understands the entrepreneur the ability for consumers to trade in for a new one, if a product does not meet the description of the product shown on the accompanying advertisements. Copies within 7 (seven) days 
3 Products that have sustained enigerwijs damage not covered under the warranty in accordance with the previous paragraph. 

Article 11 - Delivery and execution 

1. It will take the greatest possible care when receiving and implementing orders for products. 
2 The place of delivery is the address that the consumer has made to the company. Known 
3 Subject to what is stated in Article 4 of these terms and conditions the company will be accepted orders expeditiously but not later than 30 (thirty) days to perform unless a longer delivery period was agreed. If delivery is delayed, or if an order is not or only partially implemented, the consumer receives them no later than one month after placing the order. If the error of implementation lies with the postal service, or any other third party has no right to terminate the contract without charge or the right to any compensation from the employer, or possibly of the external party. If so does the entrepreneur as the reason lack of stock, then another internal error known, the cosnument has the right to terminate the contract without cost. 
4 In case of dissolution in accordance with the previous paragraph, the trader will refund the consumer as soon as possible, paid no later than 30 (thirty) days after the dissolution. 
5. If delivery of an ordered product proves impossible, the trader will endeavor to provide a replacement item available. Before the delivery will be that a replacement item is delivered. Clear and understandable manner The cost of return shipment are borne by the consumer. 
6 The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the postal service. The entrepreneur can not be held responsible for the continued delivery of the postal service to the consumer. 
7 If the consumer agrees to certain shipping charges, these may have chosen to place the order or to send. Registered nor insured The risk of damage and / or loss of products in this case the consumer. 
8. honoring the dispatch of an agreed order. 

Article 12 - Payment 

1 Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 start of the contract. (Fourteen) days after the agreement 
2 The consumer has the duty to report. Inaccuracies in data supplied or specified payment immediately to the trader 
3 In the event of default by the consumer, the operator subject to statutory limitations, the right to the consumer to spend. Advance reasonable expenses will be made ​​known 

Article 13 - Complaints 

1 The entrepreneur provides contact free, where the consumer can address any complaints. 
2 Complaints about the implementation of the agreement should take place promptly, fully and clearly described to be submitted to the entrepreneur, after the consumer has discovered the defects. 
Complaints submitted to the trader will be counted 3 answers from the date of receipt. Days within a period of 14 (fourteen) If a complaint is a foreseeable longer processing time, then the trader within the period of 14 responded (fourteen) days of a notice of receipt and indicating when the consumer can expect. A more detailed answer 
4 A complaint about a product or service of the entrepreneur can be sent. Both through the mail as per mailbox 
5. If the complaint can not be resolved by mutual agreement, a dispute that is subject to the dispute. 

Article 14 - Disputes 

1. agreements between the entrepreneur and the consumer of these terms refer only to Dutch law. 
2 Disputes between consumers and entrepreneurs on the creation or implementation of agreements to be provided by this entrepreneur or delivered products may, subject as provided below, the entrepreneur will be submitted to the disputes committee by both the consumer and , PO Box 90600, 2509 LP The Hague ( 
3 A dispute is handled by the Disputes Committee discussed only if the Consumer submitted. Complaint within a reasonable time to the entrepreneur 
4 Within three months after the dispute arose, the dispute must be brought. Written to the Disputes Committee 
5. If the consumer wants to submit to the Dispute, dispute the trader is bound by this choice. When the entrepreneur that wants to do the consumer within five weeks, after a serve that purpose in writing by written request made​​, the trader, if he so desires or the dispute will be treated by the competent law-court. The entrepreneur learns not the choice of the consumer within the period of five weeks, the company is entitled to submit to the competent court. Dispute 
6 The Arbitration Committee's decision under the conditions as stipulated in the regulations of the Disputes Committee. The decisions of the Disputes Committee take the form of binding advice. 
7 The Disputes Committee will not handle a dispute or strike, if the entrepreneur moratorium has been granted, the state of the bankrupt or his business has actually ended before a dispute by the Committee at the session and a final ruling. 
8 If, in addition to the disputes committee recognized or affiliated with the Foundation for Consumer Affairs (SGC) or the Complaints Institute Financial Services (Kifid) arbitration committee has jurisdiction over disputes relating mainly to the method of sale or remote services disputes committee at exclusive jurisdiction. For all other disputes or other approved by the SGC or Kifid disputes committee. 

Article 15 - Warranty Industry 

1 The Dutch Home Shopping Organization guarantees the fulfillment of the binding advice of the disputes committee by its members, unless the member decides to explain. Binding opinion within two months after sending it for review to the court This guarantee revives if the binding opinion is upheld after review by the court and the verdict confirming this, the force of res judicata. Up to an amount of € 10,000, - a binding opinion, this amount will be paid by the Dutch Home Shopping Organization to consumers. For amounts greater than € 10,000, - a binding opinion, € 10 000, - will be paid. For the rest, the Dutch Home Shopping Organization an obligation to ensure that members comply with the binding advice. 
2 For purposes of this guarantee requires the consumer a written appeal to the Dutch Home Shopping Organization and to transfer his claim on the trader to the Dutch Home Shopping Organization. If the claim on the company exceeds € 10 000, - will be offered to consumers claim to the extent exceeding the amount of € 10 000, - will contribute to the Dutch Home Shopping Organization, will in its own name and cost payment of these rights will ask to meet the consumer.

Follow us: