Room108 BV
Address: Heusdensebaan 65, 5061PN, Oisterwijk
Chamber of Commerce: 60765542
Location number: 000029930537
VAT: NL854050528B01
CBW-RECOGNIZED TERMS AND CONDITIONS FOR HOME SHOPS
These terms and conditions apply to purchases made from 01-11-2022.
The following general terms and conditions apply to the following CBW authorized dealers:
Room108 Hilversum (formerly Room108 Amsterdam)
Room108 Rotterdam
Room108 & Gusj Market Eindhoven
Whoon Oisterwijk
Zen Lifestyle Wijchen
Kotter Living Oldenzaal
Pine Design Living Zuidlaren
These companies are not members of the CBW and have their own conditions (consult the relevant website of the store):
Room108 Zwolle
Room108 Bonheiden: entrepreneur number 0633.966.759
Room108 Brugge: entrepreneur number 0758.934.829
Room108 Kalmthout: entrepreneur number 0865.962.946
Room108 Sint-Truiden
Room108 Waregem
Trendo Living Roermond
Trendo Living Essen
Het Monument
ARTICLE 1 • Definitions
In these terms and conditions:
The entrepreneur: the CBW-recognised seller/contractor, participant in the SG CBW, who enters into or wishes to enter into an agreement with the buyer;
The buyer: The buyer/customer or the person who enters or wants to enter into an agreement with the entrepreneur;
Corporate buyer: the customer acting in the exercise of a profession or business;
Consumer: the customer not acting in the exercise of a profession or business;
Episode: the actual offer of the purchased products and/or semi-finished products to the buyer;
Delivery: making the products and/or work available ready for use, as agreed;
Distance contract: the agreement with a consumer whereby, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication as referred to in Article 6:230g paragraph 1e of the Dutch Civil Code (e.g. web shop or mail order);
Off-Sale Agreement: a contract concluded with a consumer other than in the entrepreneur's sales area, as referred to in Article 6:230g paragraph 1f of the Civil Code (e.g. at consumers' homes, at some trade fairs or on the street);
SG CBW: Stichting Garantieregelingen CBW, which is charged with the implementation and enforcement of the consumer schemes referred to in Articles 19 and 21 of these terms and conditions;
SG CBW participant: the CBW-recognised entrepreneur who has affiliated himself or one or more of his branches/operating companies to the CBW Guarantee Scheme Foundation;
Down payment: the payment of part of the agreed price made by the customer at the conclusion of the agreement;
Prepayment: a payment of (part of) the purchase price before delivery at the buyer's premises;
Product: moveable property, even if it contains digital elements; Digital elements: digital content or a digital service, incorporated in a product or interconnected with it, without which the product cannot perform its functions;
Floor: subfloor and/or intermediate floor and/or flooring material;
Subfloor: the existing surface on which the work is to be carried out;
Intermediate floor: the material applied between the subfloor and the floor covering material, other than subfloor repair material.
Connecting: connecting all supply and return pipes and wiring to present and correctly installed connection points;
Install: the installation of all supply and return pipes, wiring and connection points required for the correct assembly of the product;
Mounting (placing): assembling and adjusting the product or parts thereof;
Other work: demolition and reconstruction work, floor and wall levelling and tile processing;
Dispute resolution officer: the independent body to whom the SG CBW has outsourced the handling of disputes.
ARTICLE 2 • Validity
These conditions may only be used by CBW-certified home furnishing retailers and exclusively for the delivery of products and/or services in the field of home furnishings.
These conditions only apply in the situation of a transaction between:
- a CBW-recognised trader established and doing business in the Netherlands with a customer
- a CBW-recognised trader based abroad and doing business with a customer based in the Netherlands.
ARTICLE 3 • Intellectual property
1. The entrepreneur reserves the intellectual property on designs, images, drawings, samples, samples and models provided, among other things. If requested by the entrepreneur, the customer must return them immediately. If the entrepreneur has other legal rights in addition, he can claim them.
2. The Customer may not remove or change indications of intellectual property rights on/in the performances delivered or made available by the Company.
3. The Customer may not reproduce, disclose, exploit or display any material of the Entrepreneur that is subject to intellectual property rights without the permission of the Entrepreneur.
ARTICLE 4 • Quotation
1. All quotations are valid up to and including 21 days after the quotation date, unless the quotation states otherwise. They are based on the data, drawings and measurements taken by the Entrepreneur and any measurements provided by the Customer. The purchaser must inform the proprietor of any facts and/or circumstances that may affect the performance of the contract, insofar as they are relevant to the quotation (see also articles 7 and 8). When measuring floor areas, the proprietor uses the largest length and width measurements, taking into account the packaging units as ordered from suppliers (linear metres of carpet, packs of laminate, full length skirting boards, etc.). Designs, images, drawings, statements of sizes and weights and samples and models originating from the entrepreneur are as accurate as possible.
2. The quotation shall include a full description of the products to be delivered and the work to be performed, the total (purchase) price, the delivery time, the payment conditions and the risks for both parties. In case of an order 'on call', the offer shall contain an explanation thereof and information on the delivery time after call, as mentioned in article 6 para.
6. The quotation gives the price of materials and the way the price for the work to be carried out is calculated. There are two ways: contract sum or direction. With contract sum, the parties agree on a fixed amount for which the work will be carried out. With cost-plus pricing, the contractor specifies exactly what determines the price (e.g. hourly rate and prices of materials required). At the customer's request, the entrepreneur can give a guide price, which is an estimate of the total costs. The quotation states if there are any additional costs such as freight, delivery, assembly, payment or postage costs.
3. Work not mentioned in the quotation is not included in the agreed price. If the customer does require them, this may increase the price (see also clause 13).
4. The buyer must ensure that the entrepreneur can carry out the work properly.
5. If the customer does not accept the quotation, the entrepreneur may charge the costs of preparing the quotation, but only if the customer was demonstrably made aware of the (amount of the) costs when or before requesting the quotation. The customer becomes the owner of the quotation and any drawings upon payment of quotation costs. The intellectual property remains with the entrepreneur.
ARTICLE 5 • Agreement (for off-premises or distance contracts: see Article 18)
(for off-premises or distance contracts: see
article 18)
1. When entering into an agreement with a consumer, the trader may ask for a down payment. In the case of a business customer (not a consumer), no maximum percentages apply. In the case of a consumer, the amount of the maximum percentage depends on the product.
2. The maximum deposit for consumers is 25%, except for the products below for which 15% is the maximum:
a. kitchens/bathrooms/sanitary ware and/or parts thereof, and/or related work;
b. parquet, solid wood floorboards, marmoleum, PVC, stair renovation, natural stone, gravel, (gravel) tile, cast, concrete, concrete-look, cork and laminate floors and/or work to be carried out in connection with these products.
c. any other product groups and/or services, if listed on www.cbw-erkend.nl.
3. The down payment rates mentioned in paragraph 2 are subject to the down payment rules of Article 19. This does not apply to a distance contract.
4. No maximum down payment percentages apply to a distance contract, except for the legal restrictions as described in article 11 paragraph 2.
5. Price increases may be passed on to business customers.
6. For consumer price increases, occurring after the conclusion of the contract but before delivery, the following applies:
- Price increases due to legal measures (e.g. VAT increase) can always be passed on.
- Other price increases may only be passed on if the purchase price has been agreed subject to price increases.
- For price increases within 3 months of the conclusion of the agreement, the consumer may choose between dissolving the sale or agreeing to the price increase.
- In case of price increases after 3 months from the conclusion of the agreement, the entrepreneur shall state why a price increase is implemented and the parties shall enter into consultation.
7. Price reductions after the conclusion of the agreement due, for example, to clearance sales, clearance sales, promotions or discounts on show models do not entitle the customer to a price reduction.
8. The entrepreneur remains the owner of the products sold until the buyer has paid the price (and any additional costs) in full. The customer is obliged to treat the products with care. He may not hand over the products to third parties or give them as collateral, pawn them, or remove them (or have them removed) from the area where they were delivered, until the amount due has been paid.
9. The entrepreneur may, without notice of default, dissolve the agreement in whole or in part out of court in the event of bankruptcy, suspension of payments or legal debt restructuring of the customer.
10. In a contract with a business customer, the trader may demand sufficient security for the fulfilment of the payment obligation before executing or proceeding with the contract.
11. The Entrepreneur never has to pay damages to a business customer other than those expressly provided for in these Terms and Conditions. He does not have to pay other direct or indirect damages, including third-party damages, loss of profit and the like.
12. The entrepreneur may charge call-out charges if this was agreed when the contract was concluded. If transport is not included in the contract, the entrepreneur may always charge call-out charges, except in the case of non-conformity.
ARTICLE 6 • Delivery time
1. The delivery time is the agreed time by which the work must be done or the products delivered. The delivery time is fixed unless the contract states an estimated delivery time. If no delivery time is agreed, a fixed delivery time of 30 days applies in a consumer purchase.
2. If the expected delivery time is not met, the entrepreneur is given an extra period to still deliver. The additional period is a maximum of one month but never longer than the original delivery time. Any price increase within this period may not be passed on.
3. If the additional period or the fixed agreed delivery time is exceeded, the customer may dissolve the agreement without notice of default or judicial intervention and/or claim damages.
4. If the presumed or fixed agreed delivery time is exceeded, the entrepreneur is not liable for any form of consequential damage in the case of a contract with a business customer.
5. In a contract with a consumer, the trader must compensate that damage which is related to the excess and which can be attributed to him, also in view of the nature of the liability and the nature of the damage. The consumer must limit the damage as much as possible.
6. If it has been agreed that orders will be ordered by the entrepreneur after the consumer's communication (order on call), the agreed fixed or probable delivery time starts from the call date. Call-off must take place within nine months of concluding the contract, unless otherwise agreed. If no call is made within this period, the entrepreneur will remind the customer in writing and give him a maximum of three months to still call. After this period, the entrepreneur may dissolve the agreement or consider the agreement cancelled and recover his damages from the customer in accordance with Article 12.
ARTICLE 7 • Rights and obligations of the entrepreneur
1. The entrepreneur delivers the products well, soundly and as agreed in the contract. The work is carried out well, soundly and as agreed.
2. When supplying products and carrying out work, the entrepreneur complies with the legal regulations in force at the time.
3. The proprietor points out to the consumer, in good time before concluding the contract, that the consumer ensures the suitability of the place where the work is to be carried out, e.g. that the building and/or installation regulations have been met. If the proprietor does not point this out (in time), he must compensate the direct damage and costs incurred by the consumer and he himself bears his own damage, if any.
4. The entrepreneur also points out to the buyer:
- inaccuracies in the order or assigned work, e.g. working on an unsound surface;
- the defectiveness or unsuitability of certain items, e.g. materials or tools made available by the consumer; this only applies if the proprietor knows or should reasonably know about them. If the entrepreneur fails to do so, he is liable for the damage, unless the damage cannot be attributed to him.
5. The proprietor, if he has been informed by the purchaser (see article 8 section 5), provides the information on the necessity of the use of special equipment such as a lift or a crane that can be expected from him as far as his expertise goes. The parties shall agree at whose expense and risk the use of the special devices shall be.
6. The entrepreneur continues the work regularly after the start-up.
7. The entrepreneur shall ensure that the work is performed by persons competent for that work.
8. If the work is delayed due to circumstances at the consumer's risk, the delivery period will be extended.
9. If the customer has wishes for sound insulation of a floor (e.g. in flats), the contractor will ask the customer for a statement containing the measured value of subfloor and screed. If the buyer does not do so or it is not available, the entrepreneur warns the buyer of a possible lower sound insulation after completion. The entrepreneur shall ensure that he can demonstrate that the products supplied have the intended soundproofing effect, e.g. by submitting product information from the supplier of the intermediate floor.
ARTICLE 8 • Rights and obligations of the customer
1. The buyer ensures that the entrepreneur can deliver the products and perform the work.
2. The Customer shall ensure that the Contractor has the necessary approvals (permits etc.) and data important for the work (e.g. the location of pipes) in good time.
3. The buyer ensures that the place where work is done is suitable for it, like that:
- the room is glass-tight and can be properly sealed;
- floors are free of lime, cement and dirt residues and loose areas;
- building and/or installation requirements are met;
- installation points, pipes and drains are present in accordance with the entrepreneur's drawing;
- there is electricity, heating, running water and adequate ventilation.
If the buyer fails to do so, he must compensate the demonstrable direct damage and reasonable costs incurred by the entrepreneur and bear his own damage, if any.
4. The buyer bears the risk for damage caused by:
- inaccuracies in the assigned work;
- inaccuracies in the constructions and working methods required by the customer;
- defects in the (in)movable property on which the work is done;
- defects in materials or resources provided by the buyer.
The entrepreneur does point out to the customer the items referred to in paragraph 4 of article 7.
5. The customer informs the entrepreneur of special circumstances that, for example, require the use of a lift or a crane. The parties agree who bears the cost and risk of using the special tools. If the customer has not provided this information, the costs of using special devices shall be borne by him.
6. The Customer shall ensure that work and/or deliveries to be carried out by third parties are done in a timely and proper manner, so that the execution of the work thereof is not delayed. If a delay does occur, the Customer shall report this to the Entrepreneur in good time.
7. The customer shall ensure that no other work is carried out in the room where the work is taking place or has taken place that could cause damage to the entrepreneur's work.
8. The buyer shall ensure that the place of delivery is easily accessible and available in good time and that everything possible is done to enable smooth pick-up/delivery.
9. If the start or progress of the work is delayed due to circumstances such as those mentioned in this article, the customer must compensate the entrepreneur for the damage suffered as a result, if these circumstances can be attributed to the customer.
10. The buyer shall take good care of the entrepreneur's articles, materials and tools located at the site of the work.
11. The customer who, against the explicit advice of the entrepreneur, nevertheless wants the entrepreneur to carry out certain work is himself liable for any damage resulting from this.
12. The buyer cannot oblige the entrepreneur to perform work that violates health and safety regulations.
ARTICLE 9 • Storage of products
1. If the products are offered but not accepted on the agreed delivery date, except if the products are faulty, the entrepreneur will make a second delivery within a reasonable time. The entrepreneur may charge storage costs and further demonstrable damages and reasonable costs after refusal or after second delivery.
2. If the second delivery is also not accepted, the entrepreneur may: a. demand compliance with the contract and charge storage costs and further demonstrable damage and reasonable costs or; b. consider the contract cancelled according to the regulation in Article 12. In addition to cancellation costs, the entrepreneur may also charge storage costs.
3. If the products have been paid for by the Customer, the Entrepreneur shall keep the products in storage for a maximum of 3 months, calculating reasonable internal or external storage costs. The entrepreneur will take into account the sales value of the products and the duration of the storage period, unless other agreements have been made. If the customer still does not take delivery after 3 months, the contract is considered cancelled and the proprietor may charge reasonable storage costs in addition to the cancellation fee stated in Article 12. He must notify the customer in writing that he intends to do so.
4. The risk of fire and damage during storage is covered by insurance by the entrepreneur in the case of a consumer purchase at his expense.
ARTICLE 10 • Transport and damage upon delivery
1. Transport of the products is included in the price, except for take-away items or if something else has been agreed. The entrepreneur bears the risk of damage and loss during transport. If the products are delivered by a professional carrier, the entrepreneur shall ensure proper insurance.
2. If any damage is detected upon delivery, the buyer shall note this on the delivery receipt. If there is no opportunity to observe any damage upon delivery, the buyer shall note this on the delivery receipt. It is advisable to report visible damage to the entrepreneur within 2 working days at the latest.
3. If the buyer arranges the transport himself, he should check as much as possible after delivery but before transport that the products are undamaged and complete.
ARTICLE 11 • Payment of the purchase price
(For all products and services, the maximum deposit percentages of Article 5(1) and (2) apply)
1. The general payment condition in sales and purchases is payment on delivery (cash or debit card payment), even if the contract includes contract work (services). The buyer may also ensure that the amount is already credited to the entrepreneur's bank account before delivery.
2. Agreeing a different payment condition is allowed, but it is illegal to offer a consumer prepayment of more than half of the purchase price as the only payment condition.
3. In contracting work (only services and possibly small equipment), payment is made in instalments in proportion to the progress of the work.
4. In the case of a combination of consumer purchase and contracting of work, for example when the entrepreneur makes a (custom-made) product on commission, the legal provisions of consumer purchase apply.
5. The entrepreneur who delivers materials, products and/or services to the customer in parts may request payment for the part delivered with each partial delivery. The Customer shall receive a partial invoice for each partial delivery.
6. Payment of an invoice or partial invoice shall be made no later than 14 days after receipt, unless otherwise agreed.
7. If the buyer does not pay on time, he is in default under the law without notice of default. Nevertheless, after the payment deadline has passed, the entrepreneur sends a payment reminder in which he draws the customer's attention to his default. The entrepreneur gives him the chance to still pay within 14 days of receiving the payment reminder and points out the consequences if he fails to do so.
8. After this further period, the entrepreneur may collect the amount due without further notice. The associated (collection) costs shall be borne by the customer. These costs are limited to a maximum of the percentage of the principal sum permitted by laws and regulations.
9. The entrepreneur may charge statutory interest to consumers from the expiry of the period mentioned in paragraph 7. In the case of a business customer, the entrepreneur may charge statutory commercial interest after the period mentioned in paragraph 6.
10. In case of complaints, the buyer may only retain that part of the invoice that is proportionate to the content and seriousness of the complaint. The entrepreneur may not collect this part of his invoice if there are justified complaints. The other part of the purchase/contract price, however, the buyer must pay within the payment period.
11. If payment in instalments has only been agreed for contracting work and the entrepreneur does not continue the work, the buyer may suspend payment of the instalment. Previously sent partial invoices must still be paid by the buyer within the payment period.
ARTICLE 12 • Cancellation
1. If the buyer cancels, it is liable for damages. An entrepreneur's damages for cancellation consist of the gross profit margin (fixed and variable costs, profit mark-up) minus variable costs not incurred. In practice, entrepreneurs' damages turn out to be more than 30% of the purchase price if delivery has not yet taken place and (significantly) higher if irrevocable purchase has already taken place. More information on (the amount of) cancellation fees in the residential sector can be found at www.cbw-erkend.nl.
2. The entrepreneur must make his damage plausible.
3. A cancellation should preferably be made in writing. In case of a verbal cancellation, the entrepreneur shall confirm this in writing.
4. When buying a kitchen, a consumer can cancel in writing within 2 days, beginning the day after the purchase is concluded, at a greatly reduced rate of 5% of the purchase price with a minimum of €500. If the consumer does not have an e-mail address of the entrepreneur, he can also cancel by registered letter. He then proves via the dated proof of dispatch that the letter was sent within 2 days.
5. Cancellation is not possible:
- when purchasing a showroom or B-choice model, unless otherwise agreed;
- for the part of the agreement that has already been performed and/or delivered.
6. For a contract concluded outside the sales area or at a distance, the consumer does not have to pay a cancellation fee when using the right of withdrawal as laid down by law for these sales methods (see also Article 18 B, C and D of these terms and conditions).
ARTICLE 13 • Extra costs, additional work and/or less work
Costs incurred because the customer has failed to enable the execution or progress of the work shall be borne by the customer. Additional work and/or less work shall be settled on an equitable basis. Additional work is understood to mean, among other things, all work and deliveries not included in the contract and which are required by the customer. Reduced work is understood to mean that part of the agreement which is not carried out with the agreement of both parties. Areas not to be floored, e.g. columns and recesses and cutting losses, are not contract deductions. At the Customer's request, the Contractor will leave any remnants with the Customer.
ARTICLE 14 • Impracticability of the agreement due to force majeure
1. If fulfilment of the contract is temporarily impossible due to a cause not attributable to either party, the other party is relieved of its obligations for that period.
2. If fulfilment of the agreement is permanently impossible for one of the parties, in whole or in part, due to a cause that cannot be attributed to him, both parties will make efforts as much as reasonably possible to still fulfil the agreement. The parties will discuss this. If the parties fail to reach an agreement, they have the right to dissolve the agreement in whole or in part.
3. In case of unforeseen circumstances, such as a pandemic or war, the parties will consult with each other.
ARTICLE 15 • Conformity and guarantee
1. The delivered product must possess those properties that the consumer may expect on the basis of the agreement under normal use (conformity). This also applies to special use if this was agreed by the parties when concluding the contract. If these expectations are not met, the consumer is entitled to repair or replacement, dissolution and/or a price reduction.
2. The entrepreneur provides a 2-year full warranty on the delivered products, over and above the legal obligations of paragraph 1. The parties can also agree in writing on a longer warranty period. The 2-year guarantee does not apply to defects related to use by the customer that does not correspond to the intended use. With consumer purchases, the entrepreneur makes this plausible. If the defect can be properly repaired, the entrepreneur does not have to replace the product. If the customer has moved abroad, freight and travel costs are reimbursed on the basis of the original delivery address.
3. By law, the buyer must prevent or limit its losses as much as possible.
4. Even after the two-year guarantee in paragraph 2 expires, a consumer may still have rights under the law (as defined in paragraph 1). The entrepreneur cannot then invoke the expiry of this guarantee.
5. The obligations of the entrepreneur with regard to conformity and guarantee of subsections 1 and 2 do not fall under the down payment scheme mentioned in Article 19. In case of bankruptcy/suspension of payment/legal debt rescheduling of the entrepreneur, the purchaser can report as a creditor to the receiver/administrator.
6. If the manufacturer of the products gives a more far-reaching guarantee to the entrepreneur, this guarantee also applies to the buyer.
7. Warranty provisions are only effective in the case of the intended use of the delivered products or of the work performed, or in the case of special use if agreed.
8. The buyer must behave as a good buyer. This means, for example, that the product is properly and adequately maintained and treated.
9. Deviations in colour, wear resistance, structure, etc. may limit or exclude the right to guarantee and/or compensation. This is the case if the deviations are acceptable from a professional point of view according to applicable, customary standards or trade usage.
10. Excluded from the guarantee under paragraph 2 are: (disposable) batteries, replaceable light sources, home accessories and normal wear and tear. Unless otherwise agreed, show models, B-choice products and/or sales by auction are also excluded.
11. The guarantee mentioned in paragraph 2 is not transferable.
ARTICLE 16 • Liability
The entrepreneur is not liable for damage due to causes that he was not aware of or should have been aware of, except if he is liable according to the law or if otherwise agreed between the parties. Those causes can be, for example:
- the formation of shrinkage seams and/or hairline cracks due to the gradual loss of building moisture after new construction or remodelling;
- the formation of discolouration, shrinkage seams and/or hairline cracks due to the direct action of heat sources such as the sun, central heating pipes and fireplaces;
- too high or too low a humidity percentage in the relevant room and surrounding areas or an extreme change therein;
- an incorrect composition of the intermediate and/or sub floor, if and insofar as it was not installed by the proprietor, or an insufficiently level sub floor, if it was not installed by the proprietor. Before the start of the work, the proprietor reports the insufficient flatness or unsuitability of the intermediate or subfloor to the purchaser, insofar as this can be determined by the proprietor according to objective standards;
- the floor not remaining dry, provided that the proprietor has previously measured the humidity of the floors and the result was satisfactory.
ARTICLE 17 • Complaints and damage
1. Complaints about the performance of the agreement or damage caused by the entrepreneur must be submitted to the entrepreneur fully and clearly described. This should be done as soon as possible, preferably in writing and in any case in good time.
2. If there is no opportunity to observe and/or report defects in the delivered goods at the time of delivery or pick-up, the customer must report complaints about them in writing as soon as possible thereafter, preferably within 14 days.
3. If there is no opportunity to observe and/or report other damage caused by the Entrepreneur at the time of (im)delivery, the Customer must report the damage in writing as soon as possible thereafter, preferably within two working days after observation. If no report is received by the entrepreneur within 14 days after (completion) delivery, it is assumed that no damage was caused by the entrepreneur. This deadline is important for smooth handling of the complaint and recovering damages from third parties or liability insurance.
4. In case of damage, the buyer gives the proprietor the opportunity to inspect and value the damage by or on behalf of him for the benefit of his liability insurance and/or any third-party claims. The Buyer shall also cooperate with repairs by or on behalf of the Entrepreneur.
5. Complaints about defects that arise in use only after delivery shall be made as soon as possible after arising - at the latest within two months of discovery -, preferably in writing.
6. Filing a complaint as soon as possible is in the interest of both buyer and entrepreneur. Failure to complain in time may result in the customer losing his rights in this area.
ARTICLE 18 • Distance Agreements and Off-premises Agreements
A - The agreement
1. If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt thereof electronically. Until this is done, the consumer can dissolve the agreement.
2. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
3. The entrepreneur may -if the law allows it- examine whether the consumer can meet his payment obligations and whether there are circumstances that are important for a responsible conclusion of the agreement. If this gives good reason not to enter into the agreement, the entrepreneur may refuse an order or application or impose special conditions, giving reasons.
4. The entrepreneur will include the following information at the latest upon delivery of the product and/or service:
a. the visiting address of the trader to which the consumer can address complaints;
b. the conditions under which and how the consumer can exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
c. information on guarantees and existing after-sales service;
d. the price of the product or service including taxes, any delivery costs and the method of payment, delivery or performance of the agreement;
e. if the consumer has a right of withdrawal, the model withdrawal form. This information should be stored and accessible by the consumer.
B - Right of withdrawal (only for distance and off-premises contracts)
1. The consumer can dissolve an agreement concerning the purchase of a product -whether or not combined with a service-during a cooling-off period of at least 14 days without giving reasons. The trader may ask the consumer about the reason for withdrawal, but does not oblige the consumer to give it.
2. This cooling-off period starts the day after the product is received by the consumer (or at the consumer's request on his behalf). In case of multiple partial deliveries from one order, the cooling-off period starts the day on which the last partial delivery is received by or on behalf of the consumer.
3. For services only, the cooling-off period referred to in paragraph 1 starts on the day after the conclusion of the contract. Extended cooling-off period for products and services in case of failure to inform about right of withdrawal:
4. If the trader has not provided the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period expires 12 months after the end of the cooling-off period stipulated in paragraph B.
5. As soon as the trader provides the information referred to in paragraph 4, the cooling-off period expires 14 days after the day on which the consumer has received this information.
C - Obligations of the consumer during the reflection period
1. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The consumer may handle and inspect the product as he would be allowed to do in a shop.
2. If the consumer goes beyond what is described in paragraph C1, he is liable for depreciation of the product.
3. The consumer is not liable for depreciation of the product if the trader did not provide him with the mandatory information on the right of withdrawal before or when concluding the contract.
D - Exercising the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he shall notify the trader within the withdrawal period via the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day after this notification, the consumer returns the product, or hands 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 returned on time if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, as much as possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. In a distance contract, the consumer bears the direct cost of returning the product except:
a. if the trader has not notified that the consumer has to bear these costs; or
b. if the entrepreneur indicates to bear the costs himself. In the case of an off-premises contract, the entrepreneur bears the return costs of the product.
6. If the consumer revokes after first expressly requesting the performance of the service to start during the withdrawal period, the consumer shall pay for the work performed until the moment of revocation.
7. The consumer bears no cost for the performance of services if:
a. the trader has failed to provide the consumer with the legally required information on the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form; or
b. the consumer has not expressly requested the commencement of the performance of the service.
8. Upon revocation, all additional agreements will be dissolved.
E - Obligations of the entrepreneur upon withdrawal
1. If the trader allows withdrawal by the consumer by electronic means, he will send a confirmation of receipt immediately after receipt.
2. The operator reimburses all payments made by the consumer, including calculated delivery costs, at the latest within 14 days after
the day of the withdrawal. He may wait to refund the product until he has received it, except if the entrepreneur himself collects the product or the consumer proves that he has returned the product. If the consumer can prove that the product has been returned but it does not arrive at the entrepreneur's premises, the consumer will ask the transport company he has engaged to investigate whether the product is missing.
3. The entrepreneur shall use the same means of payment as the consumer has used for reimbursement, unless otherwise agreed. 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 trader does not have to refund the extra costs for the more expensive method.
F - Exclusion right of withdrawal The entrepreneur can exclude the following products and services from the right of withdrawal, if he has clearly stated this in the offer in good time before concluding the agreement:
1. Service agreements, after full performance of the service, but only if:
a. the performance has begun with the consumer's express prior consent; and
b. the consumer has declared that he waives his right of withdrawal; and
c. the entrepreneur has provided the consumer with a confirmation of the agreement and the statement referred to in the previous paragraph.
2. Products manufactured according to consumer specifications, which are not prefabricated and are made on the basis of a
individual choice or decision of the consumer, or which are clearly intended for a specific person.
3. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.
4. Products which, after delivery, are by their nature irrevocably mixed with other products.
ARTICLE 19 • Down payment arrangement
(Detailed information on the scheme can be found at www.cbw-erkend.nl).
These rules apply only to a contract in the field of home furnishing concluded in a physical shop or outside
the sales area (e.g. at the consumer's home, on the street or some trade fairs). The arrangement applies if, in the event of bankruptcy/suspension/legal debt restructuring of the entrepreneur, the consumer does not receive a product and/or service even though he has paid a deposit. This arrangement means that the consumer can enter into a substitute agreement with another CBW-recognised home furnishing shop. The down payment will be deducted from the price by and at the expense of this CBW-recognised home furnishing shop. No money will be refunded.
1. The scheme has the following conditions:
a. The consumer makes a written appeal to the SG CBW for the down payment scheme. This can be done via www.cbw-erkend.nl. This appeal must be received by SG CBW no later than 3 months after the trustee has provided the proof referred to under paragraph 1 b, but in any case no later than 6 months after the ruling of bankruptcy/surrection/legal debt restructuring.
b. The consumer hereby submits a copy of the agreement, a deposit receipt and a copy of the notice from the receiver/administrator that the agreement will not be performed and the deposit will not be refunded.
c. If the trustee in bankruptcy/suspension of payments/legal debt rescheduling has not yet provided the proof referred to in paragraph 1 b within 3 months of the bankruptcy/suspension of payments ruling, the consumer may still appeal. In that case, instead of the document from the receiver referred to under 1 b, a confirmation from the receiver that the consumer's claim is included in the list of provisionally recognised creditors will suffice.
d. The consumer is obliged to transfer his claim on the original trader (up to the maximum down payment percentage in article 5 paragraph 2) to the SG CBW.
2. The SG CBW will let you know within 2 months of receipt whether the appeal is justified. If so, the SG CBW will provide written evidence with which the consumer can conclude a replacement agreement. A list of entrepreneurs, as much as possible in the same (price) segment, can be viewed at www.cbw-erkend.nl. There it is also explained how this list is compiled. Consumers can make their own suggestions to SG CBW.
3. When concluding the replacement agreement, the following rules apply:
a. The consumer immediately hands over the proof of the SG CBW referred to in paragraph 2 to the entrepreneur with whom the replacement agreement is concluded.
b. The consumer concludes the replacement agreement within 6 months of receiving the proof.
c. The consumer's deposit is deducted from the new price but no more than 25 or 15% from the original price and no more than 25 or 15% from the new price if it is lower than the original price (calculation examples: see www.cbw-erkend.nl). The percentage of 15% applies to:
- kitchen/bathroom (components) and sanitary products and/or work to be performed in connection therewith;
- parquet, solid wood floorboards, stair renovation, marmoleum, PVC, natural stone, gravel, (gravel) tile, cast, concrete, concrete-look, cork and laminate floors and/or work to be carried out in connection with these products.
- any other product groups and/or services, if listed on www.cbw-erkend.nl.
d. The trader on the list cooperates with the conclusion of replacement agreements. He may refuse a replacement agreement only if he demonstrates to SG CBW that this is unreasonable in his case.
e. The entrepreneur with whom the consumer wants to enter into a substitute agreement will keep his own, normal selling price. This need not be the same price as the original trader used. The arrangement is therefore not a price guarantee. Special action, clearance or offer items may be left out of the offer.
4. Not covered by the down payment scheme:
- remote agreements;
- agreements with corporate buyers;
- the product warranty mentioned in article 15;
- concluding a replacement agreement without review by SG CBW (see paragraphs 1 and 2);
- the excess above the aforementioned percentages.
Nor can the scheme be invoked if the receiver ensures that he or another party can perform the original agreement under the same conditions.
ARTICLE 20 • Dispute resolution
1. Disputes between consumers and traders about the conclusion or performance of contracts, in which the consumer's interest amounts to at least € 250, can be submitted by both the consumer and the trader to Stichting UitgesprokenZaak.nl, hereinafter referred to as the dispute resolution authority. How this works and how a dispute can be submitted can be found at www.cbwerkend.nl or www.uitgesprokenzaak.nl. All information can also be requested from Stichting UitgesprokenZaak.nl, PO Box 505, 3700 AM Zeist.
2. The consumer must first report their complaint to the entrepreneur. entrepreneur must have been given the opportunity to: The
- respond to the complaint; and
- investigate, acknowledge or reject the complaint; and
- in the event of an acknowledged complaint, to resolve it. The time limit for resolution is set at 6 weeks, unless the entrepreneur has indicated another reasonable time limit needed to resolve the complaint, in which case the time limit communicated by the entrepreneur applies.
3. If the entrepreneur has made an offer to resolve the complaint or has rejected the complaint, and the consumer does not agree, the consumer must demonstrably reject this offer or demonstrably inform the entrepreneur that he does not agree. After that, the entrepreneur has two more weeks to make a modified proposal. If the consumer does not agree to this either, he must demonstrably reject this proposal before the dispute can be dealt with.
4. If the provisions of paragraphs 2 and 3 are not met, the dispute cannot be considered.
5. The consumer can take the dispute to the dispute resolution court up to 12 months after submitting his complaint to the entrepreneur, unless the parties agree otherwise.
6. If the consumer files a dispute with the dispute resolution body, the entrepreneur is bound by this choice.
7. If the entrepreneur wants a dispute to be dealt with by the dispute resolution judge, this is only possible with the consumer's cooperation. If the latter does not cooperate, then the entrepreneur is free to take the dispute to court.
8. The dispute may be resolved by the dispute resolution body by:
- mediation by the dispute resolution officer;
- mediation by an expert;
- a binding ruling.
9. The rules of the Dispute Resolution Panel can be accessed at www.uitgesprokenzaak.nl.
10. A fee is payable for handling a dispute. The fees are listed at www.uitgesprokenzaak.nl.
11. Only the court or the above-mentioned dispute resolution authority shall have jurisdiction to hear disputes. For online purchases, a complaint may also be submitted to the European Platform Online Dispute Resolution http://ec.europa.eu/odr.
12. Consumers residing outside the Netherlands shall themselves, and at their own expense, ensure that the defective product can be assessed by an expert at the dispute court. If this is not possible, an expert report drawn up by an expert from a dispute committee recognised by the consumer's home country, translated into Dutch or English by a recognised interpreter/translator, will suffice.
13. If the consumer has (partially) paid and the entrepreneur without (justified) reason
- does not deliver, or
- does not hear anything or hardly anything more about an agreed delivery, or
- using (various) excuses to delay delivery several times, or
- does not refund the (advance) payment if the consumer has rightly dissolved or revoked the purchase in one of the aforementioned situations, the dispute resolution judge will make an attempt to resolve the situation between consumer and entrepreneur. If this fails, then the treatment ends after that and the consumer gets the complaint money back.
ARTICLE 21 • Compliance guarantee
1. The SG CBW guarantees compliance with a binding advice issued by the dispute arbitrator or a settlement recorded by the mediation expert, except in the situations described in paragraph 5 (limited compliance guarantee) and paragraphs 6 and 7 (no compliance guarantee). The consumer must lodge a written appeal to the fulfillment guarantee with the SG CBW (via www.cbw-erkend.nl). This may be done from the moment that both the two-month period of paragraph 7a and the period within which the entrepreneur should have complied with the settlement or the binding advice have expired. The appeal to the compliance guarantee must be made within 3 months after these periods have passed.
2. After an appeal to the compliance guarantee, the SG CBW will always first give the trader the opportunity to comply. The consumer cooperates in this, even if deadlines set by the disputes judge have already expired.
3. If the dispute resolution judge obliges an entrepreneur to both pay an amount and perform work, the work will be performed first before payment is made, even if the binding opinion states a different order.
4. If the binding opinion obliges the entrepreneur to take back a product, the consumer must cooperate and give the entrepreneur the opportunity to take back the product. Amounts to be repaid to the consumer only have to be paid after repossession, even if the binding opinion states a different order, unless the entrepreneur does not cooperate in complying with the binding opinion.
5. The compliance guarantee is limited to:
a. €10,000 per binding opinion;
b. € 2,269 per dispute for kitchens and bathrooms and € 1,361 per dispute for other products/services, as well as a total amount of € 25,000 for all disputes together, if there is bankruptcy, suspension of payments, statutory debt rescheduling or actual termination of the company's (sales) activities between the date of the binding advice or settlement agreement and the moment when the consumer makes a valid claim on the fulfilment guarantee within the periods referred to in paragraph 1. After the period within which a claim may be made under the compliance guarantee has expired, the SG CBW will pay out the consumer's justified claim(s) under the compliance guarantee. If the combined claims exceed €25,000, the SG CBW will pay out pro rata. The aim in this regard is to pay out within six weeks of the expiry of the latter term at the latest.
6. The SG CBW does not provide a performance guarantee if, before or during proceedings before the dispute resolution body, there is:
a. bankruptcy/suspension of payments/legal debt restructuring of the entrepreneur;
b. actual termination of the entrepreneur's business activities. What is decisive is the date on which the business termination was registered in the Trade Register, or an earlier date for which the SG CBW can make the actual termination of the company's (sales) activities plausible.
7. The SG CBW also does not provide a compliance guarantee in the following situations:
a. if the entrepreneur has submitted the binding opinion to the court for review within 2 months of the date;
b. If there is the situation described in Article 20(13);
8. The consumer transfers (assigns) his claim to SG CBW up to the amount of the amount paid out. SG CBW will make every effort, as much as can reasonably be expected of it, to recover its claim and, if applicable, the consumer's residual claim from the defaulting participant, without costs for the consumer. If the participant is taken to court, the consumer must also transfer (assign) the excess to SG CBW for practical reasons.
ARTICLE 22 • Dutch law
All contracts to which these conditions apply are subject to Dutch law. If the consumer is based in an EU country other than the Netherlands and the law in that EU country grants him more far-reaching rights, the trader will apply those rights. © Royal INretail, PO Box 762, 3700 AT Zeist