Terms and Conditions

Table of Contents:

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 – Obligations of the consumer during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the trader in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Conformity and additional guarantee
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, cancellation and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or deviating provisions
Article 19 – Amendment of the general terms and conditions Stichting Webshop Keurmerk

Article 1 – Definitions

In these terms and conditions, the following terms have the following meanings:

1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract 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;
2. Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data that are produced and supplied in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
7. Durable medium: any instrument – including email – which enables the consumer or trader to store information addressed to him personally in a way that makes future consultation or use possible during a period that is attuned to the purpose for which the information is intended, and which allows the unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to renounce the distance contract within the cooling-off period;
9. Trader: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products, (access to) digital content and/or services at a distance to consumers;
10. Distance contract: an agreement concluded between the trader and the consumer within the framework of an organised system for distance sales of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or partial use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form set out in Annex I to these terms and conditions;
12. Distance communication technique: a means that can be used for concluding an agreement without the consumer and trader needing to be present in the same space at the same time;

Article 2 – Identity of the trader

Trader name (Smartdeco);
Registered address: Laan v 's-Gravenmade 42L
Telephone number: 085-0270090
Email address: info@smartdeco.nl
Chamber of Commerce number: 27259079
VAT identification number: NL001723705B35

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the trader and to every distance contract concluded between trader and consumer.
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 to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, 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 them on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer upon request, either electronically or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and, in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly 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 enable a proper assessment of the offer by the consumer. If the trader uses images, these 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.
3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer.

Article 5 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and the conditions stipulated therein are met.
2. If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures to that end.
4. The trader may – within statutory frameworks – inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If the trader has good grounds on the basis of this investigation not to enter into the agreement, he is entitled to refuse an order or application with reasons or to attach special conditions to the performance.
5. The trader shall, at the latest upon delivery of the product, service or digital content to the consumer, provide the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
6. the visiting address of the trader's establishment where the consumer can lodge complaints;
7. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
8. the information about guarantees and existing after-sales service;
9. 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;
10. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
11. if the consumer has a right of withdrawal, the model withdrawal form.
12. In the case of an extended transaction, the provision in the previous paragraph shall only apply to the first delivery.

Article 6 – Right of Withdrawal

For products:

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. Does not apply to custom-made Microcement packages. That is, packages of a certain number of m² in a specific colour. The trader may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences 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:
3. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for several products with different delivery times.
4. where the delivery of a product consists of different 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;
5. for contracts for regular delivery of products during a specified 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:

3. The consumer may withdraw from a service contract and a contract for the supply of digital content not supplied on a tangible medium for a minimum of 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not oblige them to state their reason(s).
4. The reflection period referred to in paragraph 3 commences on the day following the conclusion of the contract.

Extended reflection period for products, services and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:

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 reflection period expires twelve months after the end of the original reflection period established in accordance with the previous paragraphs of this article.
6. If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the commencement date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the reflection period

1. During the reflection period, the consumer shall handle the product and its packaging with care. They shall 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.
2. The consumer is only liable for diminished value of the product resulting from handling of the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for diminished value 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 contract.

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

1. If the consumer exercises their right of withdrawal, they shall notify the trader of this within the reflection period by means of the model withdrawal form or in another unambiguous 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 trader. This is not necessary if the trader has offered to collect the product themselves. The consumer has in any event observed the return period if they return the product before the reflection period has expired.
3. The consumer returns the product with all supplied accessories, where reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the trader has not notified the consumer that they must bear these costs, or if the trader indicates they will bear the costs themselves, the consumer need not bear the costs of return.
6. If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or specified quantity commence during the cooling-off period, the consumer owes the trader an amount proportionate to that part of the obligation fulfilled by the trader at the time of withdrawal, compared with full performance of the obligation.
7. The consumer bears no costs for the performance of services or the supply of water, gas or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
8. the trader has not provided the consumer with the legally required information about the right of withdrawal, cost reimbursement upon withdrawal, or the model withdrawal form; or
9. the consumer has not expressly requested commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
10. The consumer bears no costs for full or partial supply of digital content not supplied on a tangible medium if:
11. they have not expressly consented, prior to its supply, to performance of the contract beginning before the end of the cooling-off period;
12. they have not acknowledged losing their right of withdrawal when giving their consent; or
13. the trader has failed to confirm this declaration by the consumer.
14. If the consumer exercises their right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 9 – Trader's obligations upon withdrawal

1. If the trader enables the consumer to notify withdrawal electronically, they shall send a confirmation of receipt promptly upon receiving this notification.
2. The trader shall reimburse all payments from the consumer, including any delivery costs charged by the trader for the returned product, promptly but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the trader offers to collect the product themselves, they may wait to reimburse until they have received the product or until the consumer demonstrates that they have returned the product, whichever occurs first.
3. The trader shall use the same means of payment for the refund as the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the trader is not required to refund the additional costs for 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 concluding the agreement:

1. Products or services whose price is linked to fluctuations on the financial market over which the trader has no control and which may occur within the withdrawal period
2. Agreements concluded at a public auction. A public auction means a sales method whereby products, digital content and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
4. performance has begun with the express prior consent of the consumer; and
5. the consumer has declared that he forfeits his right of withdrawal once the trader has fully performed the agreement;
6. Service agreements for the provision of accommodation, where the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car hire services and catering;
7. Agreements relating to leisure activities, where the agreement provides for a specific date or period of performance;
8. Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
9. Products which are perishable or have a limited shelf life;
10. Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
11. Products which, after delivery, have become inseparably mixed with other products by their nature;
12. Bespoke Beton Ciré packages. That is to say, a specified number of m² of Microcement in colour.
13. The supply of digital content other than on a tangible medium, but only if:
14. performance has begun with the express prior consent of the consumer; and
15. the consumer has acknowledged that they thereby lose their right of withdrawal.

Article 11 – The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, at variable prices. This link to fluctuations and the fact that any prices stated are indicative prices shall be stated in the offer.
3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
5. they result from statutory regulations or provisions; or
6. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
7. The prices stated in the offer of products or services are inclusive of VAT.

Article 12 – Performance of contract and additional warranty

1. The trader warrants that the products and/or services comply with the contract, 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 of conclusion of the contract. If agreed, the trader also warrants that the product is suitable for other than normal use.
2. An additional warranty provided by the trader, their supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer may assert against the trader under the contract if the trader has failed to perform their part of the contract.
3. Extended warranty means any obligation of the trader, their supplier, importer or manufacturer whereby they grant the consumer certain rights or claims that go beyond what they are legally obliged to provide in the event they have failed to fulfil their part of the agreement.
4. The warranty does not apply if:
   – The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
   – The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or have been treated contrary to the trader's instructions and/or those on the packaging;
   – The consumer has not applied the products and/or the substrate preparation according to protocol. The trader cannot be held liable for this.
   – The consumer has applied the products incorrectly. The trader cannot be held liable for this.
   – The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 13 – Delivery and execution

1. The trader shall exercise 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 shall be the address that the consumer has made known to the trader.
3. Subject to what is stated in Article 4 of these general terms and conditions, the trader shall execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer shall receive notification 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.
4. Following dissolution in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer without delay.
5. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 14 – Continuing performance contracts: duration, cancellation and renewal

Cancellation:

1. The consumer may at any time cancel an agreement concluded for an indefinite period and which extends 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.
2. The consumer may at any time cancel an agreement concluded for a fixed period and which extends to the regular delivery of products (including electricity) or services, towards the end of the fixed period, observing the agreed cancellation rules and a notice period of no more than one month.
3. The consumer may cancel the agreements referred to in the previous paragraphs:
   • at any time and not be restricted to cancellation at a specific time or in a specific period;
   • cancel at least in the same manner as they were entered into by them;
   • always cancel with the same notice period as the trader has stipulated for themselves.

Extension:

4. An agreement concluded for a fixed term and which relates to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
5. Notwithstanding the previous paragraph, an agreement concluded for a fixed term and which relates to the regular delivery of daily, news and weekly papers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer can cancel this extended agreement towards the end of the extension with a notice period of no more than one month.
6. An agreement concluded for a fixed term and which relates to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement relates to the regular delivery, but less than once per month, of daily, news and weekly papers and magazines.
7. An agreement with a limited term for the regular delivery of daily, news and weekly papers and magazines for introductory purposes (trial or introductory subscription) shall not be tacitly continued and shall end automatically after expiry of the trial or introductory period.

Duration:

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

Article 15 – Payment

1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days of the commencement of the cooling-off period, or in the absence of a cooling-off period within 14 days of 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.
2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to make advance payment of more than 50%. Where advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the order or service(s) concerned until the stipulated advance payment has been made.
3. The consumer has a duty to report inaccuracies in provided or stated payment details to the trader without delay.
4. If the consumer does not meet their payment obligation(s) on time, after having been notified by the trader of the late payment and the trader having granted the consumer a period of 14 days to still meet their payment obligations, following failure to pay within this 14-day period, statutory interest shall be due on the amount still owed and the trader shall be entitled to charge the extrajudicial collection costs 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 the stated amounts and percentages in favour of the consumer.

Article 16 – Complaints Procedure

1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the trader within a reasonable time after the consumer has discovered the defects, fully and clearly described.
3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable 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 response.
4. A complaint about a product, service or the trader's service can also be submitted via a complaint form on the consumer page of the Stichting Webshop Keurmerk website (https://www.keurmerk.info/nl/consumenten/klacht/) The complaint will then be sent to both the relevant trader and to Stichting Webshop Keurmerk.
5. Webshop Keurmerk will not handle a dispute or will cease handling it if the trader has been granted a suspension of payments, has been declared bankrupt or has effectively ceased business activities or if the webshop has been suspended or expelled by Webshop Keurmerk.
6. A dispute will only be handled by Webshop Keurmerk if the consumer has first submitted their complaint to the trader within a reasonable time.
7. The dispute must be submitted in writing to Webshop Keurmerk no later than twelve months after the dispute arose.
8. It is also possible to register complaints via the European ODR platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage)

Article 17 – Disputes

1. Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer is resident abroad.
2. The Vienna Sales Convention does not apply.

Article 18 – Additional or deviating provisions

Additional provisions or provisions deviating 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 they can be stored by the consumer in an accessible manner on a durable medium.

Article 19 – Amendment of the general terms and conditions of Stichting Webshop Keurmerk

1. When Stichting Webshop Keurmerk makes an amendment, we will inform the trader via the newsletter and place the latest terms and conditions on our website (https://www.keurmerk.info/nl/algemene-voorwaarden/)
2. Amendments to these terms and conditions shall only take effect after they have been published in an appropriate manner, provided that in the event of applicable amendments during the term of an offer, the provision most favourable to the consumer shall prevail.