Terms and Conditions – KartGearShop.nl

These Terms and Conditions of the Stichting Webshop Keurmerk have been developed in consultation with the Dutch Consumers’ Association within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council of the Netherlands.

These terms apply to all members of Stichting Webshop Keurmerk, excluding financial services as defined under the Dutch Financial Supervision Act and supervised by the Netherlands Authority for the Financial Markets.

These Terms and Conditions became effective on 1 June 2014.

Table of Contents

1. Definitions
2. Identity of the Entrepreneur
3. Scope of Application
4. The Offer
5. The Agreement
6. Right of Withdrawal
7. Consumer Obligations During Cooling-Off Period
8. Exercising the Right of Withdrawal & Costs
9. Obligations of the Entrepreneur in Case of Withdrawal
10. Exclusion of the Right of Withdrawal
11. Pricing
12. Performance and Warranty
13. Delivery and Execution
14. Duration Transactions
15. Payment
16. Complaints Procedure
17. Disputes
18. Industry Guarantee
19. Additional or Different Terms
20. Amendments to Terms

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

• Additional Agreement: An agreement whereby the consumer acquires products, digital content, or services in connection with a distance contract.
• Cooling-off Period: The period during which the consumer may exercise the right of withdrawal.
• Consumer: A natural person acting for purposes outside their trade, business, or profession.
• Day: Calendar day.
• Digital Content: Data produced and supplied in digital form.
• Duration Transaction: An agreement for regular delivery of goods or services over time.
• Durable Medium: Any tool (including email) that allows storage of information for future reference.
• Right of Withdrawal: The consumer’s right to cancel the contract within the cooling-off period.
• Entrepreneur: A member of Stichting Webshop Keurmerk offering products or services.
• Distance Contract: A contract concluded via online or remote communication.
• Model Withdrawal Form: Standard EU withdrawal form.
• Means of Communication: Tools used to conclude contracts remotely.

Article 2 – Identity of the Entrepreneur

Company Name: KartGearShop.nl
Business Address: Westlandgracht, 1059 Amsterdam, Netherlands
Email Address: info@kartgearshop.nl

Article 3 – Scope of Application

These Terms apply to:

• All offers made by the entrepreneur
• All distance contracts between entrepreneur and consumer

Before concluding a contract, these terms will be made available to the consumer. If not possible, they will be provided upon request free of charge.

In case of conflict between terms, the most favorable provision for the consumer shall prevail.

Article 4 – The Offer

• All offers are clear, accurate, and complete
• Product descriptions allow proper evaluation by the consumer
• Images reflect actual products
• Errors or obvious mistakes are not binding

Each offer clearly states:

• Consumer rights
• Pricing details
• Delivery conditions

Article 5 – The Agreement

The agreement is concluded when:

• The consumer accepts the offer
• The conditions are fulfilled

For online agreements:

• Confirmation is sent immediately
• Secure payment methods are ensured
• Fraud prevention and verification measures may be applied

The entrepreneur reserves the right to refuse orders if necessary.

Article 6 – Right of Withdrawal

For Products:

• Consumers have 14 days to cancel without reason
• Period starts after receiving the product

For Services & Digital Content:

• 14-day withdrawal period starts after agreement

Extended Period:

If withdrawal rights are not properly communicated:

• The period extends up to 12 months

Article 7 – Consumer Obligations During Cooling-Off Period

• Products must be handled with care
• Only minimal inspection is allowed
• Damage beyond normal use may result in reduced refund

Article 8 – Exercising the Right of Withdrawal

Consumers must:

• Notify withdrawal within 14 days
• Return products within 14 days

Conditions:

• Return in original condition where possible
• Consumer bears return costs unless stated otherwise

Article 9 – Entrepreneur Obligations in Case of Withdrawal

• Refund within 14 days
• Includes original delivery costs (standard shipping only)
• Same payment method used

Article 10 – Exclusion of Withdrawal

The right of withdrawal does NOT apply to:

• Custom-made products
• Perishable goods
• Sealed hygiene products
• Digital content once accessed
• Services fully performed
• Auctions and leisure services with fixed dates

Article 11 – Pricing

• Prices include VAT
• No increases during offer period (except legal changes)
• Price changes allowed under specific conditions

Article 12 – Performance & Warranty

The entrepreneur guarantees:

• Products match descriptions
• Meet quality standards
• Comply with legal requirements

Additional warranties do not affect legal rights.

Article 13 – Delivery & Execution

• Orders are processed carefully
• Delivery within 30 days, unless otherwise agreed
• Delays allow contract cancellation

Risk transfers upon delivery to consumer.

Article 14 – Duration Transactions

Consumers may:

• Cancel anytime with max 1-month notice
• Avoid automatic long-term renewals
• Cancel after 1 year for long contracts

Article 15 – Payment

• Payment due within 14 days
• Advance payment max 50%
• Late payments may incur legal interest and fees

Article 16 – Complaints Procedure

• Complaints must be submitted clearly
• Response within 14 days
• If unresolved → escalation possible

Complaints can also be submitted via:
Stichting Webshop Keurmerk platform

Article 17 – Disputes

• Governed by Dutch law
• Disputes may be submitted to:
  • Webshop Disputes Committee
  • Or competent court

Article 18 – Industry Guarantee

The Stichting Webshop Keurmerk guarantees:

• Enforcement of dispute rulings
• Compensation up to €1,000
• Additional enforcement if needed

Article 19 – Additional Terms

• Must not disadvantage the consumer
• Must be clearly documented

Article 20 – Amendments

Changes:

• Made in consultation with consumers’ association
• Apply only after publication