General terms and conditions based on model terms and conditions of WebwinkelKeur Foundation. 

Table of Contents

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, termination, and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions
Article 1 – Definitions

In these conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can make use of his right of withdrawal; Read more about the cooling-off period.
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-term transaction: a distance contract relating to a series of products and/or services, the performance and/or delivery obligations of which are spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the consumer’s possibility to withdraw from the distance contract within the cooling-off period;
Model withdrawal form: the model form for withdrawal that the entrepreneur makes available, which a consumer can fill in when he wishes to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement concluded within the framework of an organized system for distance selling of products and/or services, whereby exclusive or partial use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same space at the same time.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur
Scrum
Ambrosiadal 14
2317 HH Leiden
Netherlands
Email: ma********@sc********.com
Chamber of Commerce (KVK) number: 53262840

Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
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, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected by the consumer and that they will be sent free of charge at the consumer’s request as soon as possible.
If the distance contract is concluded electronically, in deviation from 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, 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 to the consumer free of charge, either electronically or otherwise, at the consumer’s request.
In the event that in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are null and void or are nullified at any time, the agreement and these terms and conditions will otherwise remain in force, and the relevant provision will be replaced in consultation as soon as possible with a provision that approaches the intention of the original as much as possible.
Matters not regulated in these general terms and conditions shall be assessed “in the spirit” of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted “in the spirit” of these general terms and conditions.

Article 4 – The offer
If an offer has a limited validity period or is subject to conditions, this shall be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these must provide a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to any compensation or termination of the agreement.
Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This includes in particular:
The price including taxes;
Any shipping costs;
The manner in which the agreement will be concluded and the necessary actions for that;
The applicability of the right of withdrawal;
The payment method, delivery, and performance of the agreement;
The acceptance period of the offer or the period within which the entrepreneur guarantees the price;
The rate for remote communication if the costs for using the remote communication technology are calculated on a basis other than the regular base rate for the communication medium used;
Whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
How the consumer can check and, if desired, correct the information provided by him/her in the context of the agreement before its conclusion;
Any other languages in which the agreement can be concluded, in addition to Dutch;
The codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically;
The minimum duration of the distance agreement in the case of a continuous or periodic performance.

Article 5 – The agreement
The agreement is concluded, subject to the provisions of section 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set forth therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed this acceptance, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for that purpose.
Within legal frameworks, the entrepreneur may verify whether the consumer can meet their payment obligations and examine all facts and factors that are relevant to a responsible conclusion of the distance agreement. If, based on this examination, the entrepreneur has reasonable grounds not to enter into the agreement, they are entitled to refuse an order or application with reasons or to attach special conditions to the performance.
With the product or service, the entrepreneur shall include 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:
The visiting address of the entrepreneur’s establishment where the consumer can address complaints;
The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
Information about warranties and existing after-sales service;
The data referred to in section 4, subsection 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the performance of the agreement;
The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuous or periodic performance, the provision in the previous section is only applicable to the initial delivery.
Each agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal
In the case of product delivery:
When purchasing products, the consumer has the option to terminate the agreement without stating any reasons within 14 days. This cooling-off period starts the day after the consumer or a pre-designated representative, notified to the entrepreneur, has received the product.
During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they shall return the product, including all supplied accessories, and if reasonably possible, in the original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they shall notify the entrepreneur within 14 days after receiving the product. The consumer shall make this notification using the model withdrawal form or any other clear communication method, such as email. After the consumer has notified the entrepreneur of their intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the product has been returned in a timely manner, for example, by providing proof of shipment.
If the consumer has not expressed their intention to exercise their right of withdrawal within the periods mentioned in sections 2 and 3, respectively, or has not returned the product to the entrepreneur, the purchase is considered final.
In the case of service delivery:
When delivering services, the consumer has the option to terminate the agreement without stating any reasons for at least 14 days, starting from the day the agreement was entered into.
To exercise their right of withdrawal, the consumer shall adhere to the reasonable and clear instructions provided by the entrepreneur regarding the offer and/or delivered services.

Article 7 – Costs in the event of withdrawal
If the consumer exercises their right of withdrawal, the maximum cost of returning the product shall be borne by the consumer.
If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. The refund is subject to the condition that the product has already been received by the online retailer or that conclusive proof of complete return can be provided. The refund will be made using the same payment method chosen by the consumer unless the consumer expressly agrees to a different payment method.
If the product is damaged due to the consumer’s careless handling, the consumer is liable for any depreciation in value of the product.
The consumer cannot be held liable for any depreciation in value of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal before concluding the purchase agreement.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products as described in sections 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer or at least in a timely manner before concluding the agreement.
The exclusion of the right of withdrawal is only possible for the following products:
Products that are tailored to the consumer’s specifications;
Products that are clearly personal in nature;
Products that cannot be returned due to their nature;
Products that can spoil or age quickly;
Products whose prices are subject to fluctuations in the financial market that the entrepreneur cannot control;
Loose newspapers or magazines;
Audio or video recordings and computer software that the consumer has broken the seal of;
Hygienic products that the consumer has broken the seal of.
The exclusion of the right of withdrawal is only possible for the following services:
Accommodation, transportation, restaurant, or leisure services to be provided on a specific date or during a specific period;
Services whose delivery has started with the explicit consent of the consumer before the cooling-off period has expired;
Betting and lottery services.

Article 9 – The price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no control. The offer will state the possibility of fluctuations and the fact that any prices mentioned are indicative.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
they are the result of legal regulations or provisions; or
the consumer has the right to terminate the agreement from the day the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Compliance and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can invoke against the entrepreneur based on the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery.
The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
the consumer has repaired or modified the delivered products themselves or had them repaired or modified by third parties;
the delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the entrepreneur’s instructions and/or the instructions on the packaging;
the defectiveness is wholly or partially the result of regulations prescribed or will be prescribed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and execution
The entrepreneur will exercise the utmost care when receiving orders of products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
The company will execute accepted orders promptly but no later than within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement free of charge and is not entitled to any compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated deadlines. Exceeding a deadline does not entitle the consumer to compensation.
In the event of termination in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after termination.
If it is impossible to deliver a product that has been ordered, the entrepreneur will make an effort to offer a replacement article. Clear and comprehensible notification of the fact that a replacement article is being delivered will be made at the latest upon delivery. In the case of replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage to or loss of products rests with the entrepreneur until the time of delivery to the consumer or a pre-designated and announced representative, unless expressly agreed otherwise.

Article 12 – Long-term transactions: duration, termination, and extension
Termination
The consumer can terminate an agreement that has been concluded for an indefinite period and that entails the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of up to one month.
The consumer can terminate an agreement that has been concluded for a definite period and that entails the regular delivery of products (including electricity) or services at any time by the end of the agreed period, subject to the agreed termination rules and a notice period of up to one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
at any time and is not restricted to termination at a specific time or in a specific period;
at least terminate in the same way as they were entered into by the consumer;
always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension
An agreement that has been entered into for a definite period and that involves the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific duration.

Notwithstanding the previous provision, an agreement that has been entered into for a definite period and that involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a specific duration of up to three months if the consumer can terminate this extended agreement at the end of the extension period with a notice period of up to one month.
An agreement that has been entered into for a definite period and that involves the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer can terminate it at any time with a notice period of up to one month, and with a notice period of up to three months in the case where the agreement involves the regular delivery of daily, news, and weekly newspapers and magazines, but less than once a month.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly renewed and will automatically end after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of up to one month, unless reasonableness and fairness oppose termination before the agreed duration ends.

Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6(1). In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.
The consumer has the obligation to notify the entrepreneur immediately of any inaccuracies in the payment details provided or stated.
In the event of the consumer’s default in payment, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs that have been communicated to the consumer in advance.

Article 14 – Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure in place and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur in writing, fully and clearly described, within 2 months after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed response.
If a complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
In case of complaints, the consumer must first contact the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr). Currently, the online store is not affiliated with a dispute resolution body through a quality mark.
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes
Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions
Additional or deviating provisions that are not to the detriment of the consumer 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.