Terms & conditions

Table of contents:

Article 1 - Definitions

Article 2 - Identity of the trader Article 3 - Applicability

Article 4 - The offer Article 5 - The contract 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 the 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 - Performance and additional warranty Article 13 - Delivery and performance

Article 14 - Continuing performance contracts: duration, termination and renewal Article 15 - Payment

Article 16 - Complaints procedure Article 17 - Disputes Article 18 - Industry guarantee

Article 19 - Additional or differing provisions

Article 20 - Amendment of the general terms and conditions of Stichting Webshop Keurmerk

Article 1 - Definitions

In these terms and conditions the following definitions apply:

  1. Ancillary contract: a contract under which 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 may exercise their right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data produced and supplied in digital form;
  6. Continuing performance contract: a contract for the regular supply of goods, services and/or digital content over a given period;
  7. Durable medium: any instrument – including email – that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
  8. Right of withdrawal: the consumer's option to withdraw from 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 to consumers at a distance;

  1. Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the contract exclusive or partial use is made of one or more techniques for distance communication;
  2. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
  3. Technique for distance communication: means that can be used to conclude a contract without the consumer and trader having to be in the same room at the same time;

Article 2 – Identity of the trader

Name of trader: Hypnotic store b.v. trading under the name Velmora - Ten Katestraat 35, 6531 EE Nijmegen, The Netherlands

Email address: info@velmora.nl

Chamber of Commerce number; 95426477

VAT identification number; NL004771069B24

If the trader's activity is subject to a relevant licensing scheme: the details of the supervisory authority;

If the trader practises a regulated profession:

  • the professional association or organisation of which they are a member;
  • the professional title, the place in the EU or the European Economic Area where it was awarded;
  • a reference to the professional rules that apply in the Netherlands and instructions on where and how these professional rules can be accessed

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and
  2. Before the distance contract is concluded, the text of these general terms and conditions is 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 may be inspected at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request
  3. If the distance contract is concluded electronically, then notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, then before the distance contract is concluded it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
  4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting terms 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 expressly stated in the offer

  1. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the trader.
  2. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer

Article 5 – The contract

  1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and complies with the conditions attached to it.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract
  3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the trader will observe appropriate security measures to that end
  4. The trader may – within statutory limits – inform themselves as to whether the consumer can meet their payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or application with reasons, or to attach special conditions to its performance
  5. At the latest upon delivery of the product, service or digital content to the consumer, the trader will include the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
    1. the visiting address of the trader's establishment where the consumer can go with complaints;
    2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    3. the information about warranties and existing after-sales service;
    4. the price including all taxes of the product, service or digital content; where applicable the delivery costs; and the method of payment, delivery or performance of the distance contract;
    5. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
    6. if the consumer has a right of withdrawal, the model form for
  6. In the case of a continuing performance transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

  1. The consumer may dissolve a contract relating to the purchase of a product during a cooling-off period of at least 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).
  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:
    1. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The trader may, provided they have clearly informed the consumer of this prior to the ordering process, refuse an order of several products with different delivery times
    2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;

  1. for contracts for the regular delivery of products over a given period: the day on which the consumer, or a third party designated by them, received the first product.

For services and digital content not supplied on a tangible medium:

  1. The consumer may dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not oblige them to state their reason(s)
  2. The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the

Extended cooling-off period for products, services and digital content not supplied on a tangible medium where no information is given about the right of withdrawal:

  1. If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
  2. 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 cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information

Article 7 – Obligations of the consumer during the cooling-off period

  1. During the cooling-off period the consumer will handle the product and the packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a shop
  2. The consumer is only liable for any diminished value of the product resulting from handling the product beyond what is permitted in paragraph
  3. The consumer is not liable for any diminished value of the product if the trader did not provide them with all the legally required information about the right of withdrawal before or at the conclusion of the contract

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

  1. If the consumer exercises their right of withdrawal, they must notify the trader within the cooling-off 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 must 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 case observed the return period if they return the product before the cooling-off period has expired
  3. The consumer must return the product with all delivered accessories, if 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 the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
  5. The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader indicates that they will bear the costs themselves, the consumer does not have to bear the costs of return
  6. If the consumer withdraws after first having 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 set quantity begin during the cooling-off period, the consumer owes the trader an amount proportionate to that part of the obligation that has been performed by the trader at the time of withdrawal, compared with full performance of the
  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:
    1. the trader has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal or the model withdrawal form, or;

  1. the consumer did not expressly request the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period
  1. The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium, if:
    1. prior to its supply they did not expressly agree to the commencement of performance of the contract before the end of the cooling-off period;
    2. they did not acknowledge losing their right of withdrawal when giving their consent; or
    3. the trader failed to confirm this statement by the consumer
  2. If the consumer exercises their right of withdrawal, all ancillary contracts are dissolved by operation of law

Article 9 – Obligations of the trader in the event of withdrawal

  1. If the trader makes it possible for the consumer to give notice of withdrawal electronically, they will send an acknowledgement of receipt without delay upon receiving such notice
  2. The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notified them of the withdrawal. Unless the trader offers to collect the product themselves, they may wait to refund until they have received the product or until the consumer demonstrates that they have returned the product, whichever comes first.
  3. The trader will use the same means of payment for the refund that the consumer used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
  4. If the consumer chose a more expensive method of delivery than the cheapest standard delivery, the trader does not have to refund the additional costs of 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 the conclusion of the contract:

  1. Products or services whose price is subject to fluctuations on the financial market over which the trader has no influence and which may occur within the withdrawal period
  2. Contracts concluded during a public auction. A public auction means a method of sale 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 contracts, after full performance of the service, but only if:
    1. performance began with the consumer's express prior consent; and
    2. the consumer has declared that they lose their right of withdrawal once the trader has fully performed the contract;
  4. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and catering;
  5. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance thereof;
  6. Products made to the consumer's specifications, which are not prefabricated and which are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
  7. Products that spoil quickly or have a limited shelf life;
  8. Sealed products which for reasons of health protection or hygiene are not suitable for return and whose seal has been broken after delivery;
  9. Products which after delivery are, by their nature, irrevocably mixed with other products;
  10. Alcoholic beverages whose price was agreed upon conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no influence;
  11. Sealed audio and video recordings and computer software whose seal has been broken after delivery;

  1. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
  2. The supply of digital content other than on a tangible medium, but only if:
    1. performance began with the consumer's express prior consent; and
    2. the consumer has declared 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 will 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 on 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 target prices will 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:
    1. they result from statutory regulations or provisions; or
    2. the consumer is authorised to terminate the contract with effect from the day on which the price increase takes effect
  5. The prices stated in the offer of products or services include VAT

Article 12 – Performance of the contract and additional warranty

  1. The trader guarantees 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 the contract was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use
  2. An additional warranty provided by the trader, their supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the trader under the contract if the trader has failed to fulfil their part of the
  3. Additional warranty means any commitment by the trader, their supplier, importer or producer granting the consumer certain rights or claims that go beyond what they are legally obliged to provide in the event that they have failed to fulfil their part of the

Article 13 – Delivery and performance

  1. The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of
  2. The place of delivery is the address that the consumer has made known to the trader.
  3. With due observance of what is stated in article 4 of these general terms and conditions, the trader will execute accepted orders with due speed but no later than within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be informed of this no later than 30 days after placing the order. In that case the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer without delay
  5. The risk of damage to 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, termination and renewal

Termination:

  1. The consumer may at any time terminate a contract entered into for an indefinite period which extends to the regular delivery of products (including electricity) or services

with due observance of the termination rules agreed for that purpose and a notice period of no more than one month.

  1. The consumer may at any time terminate a contract entered into for a fixed period which extends to the regular delivery of products (including electricity) or services, as of the end of the fixed term, with due observance of the termination rules agreed for that purpose and a notice period of no more than one
  2. The consumer may, in respect of the contracts referred to in the previous paragraphs:
    • terminate them at any time and not be limited to termination at a specific time or in a specific period;
    • at least terminate them in the same manner as they entered into them;
    • always terminate them with the same notice period as the trader has stipulated for themselves

Renewal:

  1. A contract entered into for a fixed period which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period
  2. Notwithstanding the previous paragraph, a contract entered into for a fixed period which extends to the regular delivery of daily newspapers, news publications, weeklies and magazines may be tacitly renewed for a fixed period of no more than three months, if the consumer can terminate this renewed contract as of the end of the renewal with a notice period of no more than one
  3. A contract entered into for a fixed period which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is no more than three months if the contract extends to the regular, but less than monthly, delivery of daily newspapers, news publications, weeklies and magazines.
  4. A contract of limited duration for the regular trial delivery of daily newspapers, news publications, weeklies and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period

Duration:

  1. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 15 – Payment

  1. Unless otherwise stipulated in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the contract. In the case of a contract for the provision of a service, this period commences on the day after the consumer has received confirmation of the contract
  2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. Where advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
  3. The consumer has the duty to report inaccuracies in payment details provided or stated to the trader without delay
  4. If the consumer does not meet their payment obligation(s) on time, then after being informed by the trader of the late payment and after the trader has granted the consumer a period of 14 days to still meet their payment obligations, and payment is not made within this 14-day period, the consumer owes statutory interest on the amount still due and the trader is entitled to charge the extrajudicial collection costs they have incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the following €5,000, with a minimum of €40. The trader may deviate from the aforementioned amounts and percentages in the consumer's favour

Article 16 – Complaints procedure

  1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.

  1. Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within a reasonable time after the consumer has discovered the defects.
  2. Complaints submitted to the trader are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed reply
  3. A complaint about a product, service or the trader's service can also be submitted via a complaints form on the consumer page of the website of Stichting Webshop Keurmerk (http://keurmerk.info/Home/MisbruikOfKlacht) The complaint is then sent both to the trader concerned and to Stichting Webshop Keurmerk
  4. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months of submitting the complaint, a dispute arises that is subject to the dispute settlement procedure.

Article 17 – Disputes

  1. Only Dutch law applies to contracts between the trader and the consumer to which these general terms and conditions relate
  2. Disputes between the consumer and the trader about the conclusion or performance of contracts relating to products and services to be supplied or supplied by this trader may, with due observance of the provisions below, be submitted by both the consumer and the trader to the Geschillencommissie Webshop, Postbus 90600, 2509 LP The Hague, The Netherlands (sgc.nl).
  3. A dispute will only be taken into consideration by the Disputes Committee if the consumer has first submitted their complaint to the trader within a reasonable time
  4. The dispute must be submitted in writing to the Disputes Committee no later than twelve months after the dispute arose
  5. If the consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by this choice. If the trader wishes to do so, the consumer must state in writing within five weeks of a written request to that effect from the trader whether they also wish this or whether they want the dispute to be dealt with by the competent court. If the trader does not learn of the consumer's choice within the period of five weeks, the trader is entitled to submit the dispute to the competent court
  6. The Disputes Committee gives its ruling under the conditions laid down in the regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/de- commissies/2701/webshop). The decisions of the Disputes Committee are made by way of binding advice
  7. The Disputes Committee will not deal with a dispute or will discontinue its handling if the trader has been granted suspension of payment, has become bankrupt or has in fact terminated their business activities, before a dispute has been dealt with by the committee at the hearing and a final ruling has been given
  8. If, in addition to the Geschillencommissie Webshop, another recognised disputes committee affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) has jurisdiction, the Geschillencommissie Stichting Webshop Keurmerk is preferred for disputes mainly concerning the method of distance selling or service provision. For all other disputes, the other recognised disputes committee affiliated with SGC or Kifid applies.

Article 18 – Industry guarantee

  1. Stichting Webshop Keurmerk guarantees compliance by its members with the binding advice of the Geschillencommissie Stichting Webshop Keurmerk, unless the member decides to submit the binding advice to the court for review within two months of it being sent. This guarantee revives if the binding advice has been upheld after review by the court and the judgment showing this has become final and conclusive. Up to a maximum amount of €10,000 per binding advice, this amount will be paid out to the consumer by Stichting Webshop Keurmerk. For amounts greater than €10,000 per binding advice, €10,000 will be paid out. For the excess, Stichting Webshop Keurmerk has a best-efforts obligation to ensure that the member complies with the binding advice
  2. Application of this guarantee requires the consumer to make a written appeal to Stichting Webshop Keurmerk and to assign their claim against the trader to Stichting

Webshop Keurmerk. If the claim against the trader exceeds €10,000, the consumer will be offered the opportunity to assign their claim, insofar as it exceeds the amount of €10,000, to Stichting Webshop Keurmerk, after which this organisation will claim payment thereof in court in its own name and at its own expense for the benefit of the consumer.

Article 19 – Additional or differing provisions

Additional provisions or provisions differing 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 the consumer can store them in an accessible manner on a durable medium.

Article 20 – Amendment of the general terms and conditions of Stichting Webshop Keurmerk

  1. Stichting Webshop Keurmerk will not amend these general terms and conditions other than in consultation with the Consumentenbond.
  2. Amendments to these terms and conditions only take effect after they have been published in an appropriate manner, on the understanding that in the event of applicable amendments during the term of an offer, the provision most favourable to the consumer will