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 – The Consumer’s Obligations During the Withdrawal Period

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Related Costs

Article 9 – The Trader’s Obligations in the Event of Withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Performance and Additional Guarantee

Article 13 – Delivery and fulfilment

Article 14 – Ongoing transactions: duration, termination and renewal

Article 15 – Payment

Article 16 – Complaints Procedure

Article 17 – Disputes

Article 18 – Additional or deviating provisions

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

Article 1 – Definitions

The following definitions apply in these terms and conditions:

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. Withdrawal Period: the period during which the consumer may exercise their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
4. Day: calendar day;
5. Digital Content: data produced and supplied in digital form;
6. Subscription Contract: a contract providing for the regular supply of goods, services and/or digital content for a specified period;
7. Durable Medium: any tool—including email—that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation or use for a period suited to the purpose for which the information is intended, and that permits the unchanged reproduction of the stored information;
8. Right of Withdrawal: the consumer’s option to withdraw from the distance contract during the withdrawal 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;
10. Distance Contract: a contract concluded between the trader and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby exclusive or joint use is made, up to and including the conclusion of the contract, of one or more means of distance communication;
11. Model Withdrawal Form: the European model withdrawal form included in Annex I to these terms and conditions;
12. Technology for distance communication: a means that can be used to conclude a contract without the consumer and trader having to be present in the same place at the same time;

Article 2 – Identity of the trader

Beter Energielabel B.V., trading under the name Qub.

Bedrijvenpark Twente 183

7602KG Almelo

Telephone number: 085 105 2049 (business days from 08:30 to 17:00)

info@qub.nl

Chamber of Commerce: 80371450

VAT number: NL 861651017 B01

If the trader’s activity is subject to a relevant licensing system:

details of the supervisory authority;

If the trader practices a regulated profession:

• the professional association or organization 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 applicable in the Netherlands and information 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 the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the trader will indicate how the general terms and conditions can be inspected at the trader’s premises and that, at the consumer’s request, they will be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, by way of derogation 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 save it 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, at the consumer’s request, they will be sent free of charge electronically or by other means.
4. If, in addition to these general terms and conditions, specific product or service terms and conditions apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the trader uses images, these shall be a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the trader.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.

Article 5 – The contract

1. Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and fulfils the conditions stipulated in connection with it.
2. If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance electronically. Until the trader has confirmed receipt of this acceptance, the consumer may terminate the contract.
3. If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures for this purpose.
4. Within the limits of the law, the trader may determine whether the consumer can meet their payment obligations, as well as assess all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
5. No later than upon delivery of the product, service or digital content to the consumer, the trader shall provide the consumer with the following information in writing or in such a way that the consumer can store it accessibly on a durable medium:
6. the visiting address of the trader’s establishment where the consumer can submit complaints;
7. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
8. information about guarantees and existing after-sales service;
9. the price of the product, service or digital content, including all taxes; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
10. the requirements for terminating the agreement if the agreement has a duration of more than one year or is for an indefinite period;
11. if the consumer has a right of withdrawal, the model withdrawal form.
12. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

1. The consumer may terminate an agreement relating to the purchase of a product within a withdrawal period of at least 14 days without giving any reason. The trader may ask the consumer to state the reason for withdrawal, but may not require the consumer to provide it.
2. The withdrawal period referred to in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, received the product, or:
3. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. The trader may refuse an order for multiple products with different delivery times, provided that the trader clearly informed the consumer of this before the ordering process.
4. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by the consumer, received the last shipment or the last part;
5. for agreements for the regular supply of products over a specified period: the day on which the consumer, or a third party designated by the consumer, received the first product.

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

1. The consumer may terminate an agreement for services and an agreement for the supply of digital content not supplied on a tangible medium within a minimum period of 14 days without giving any reason. The trader may ask the consumer to state the reason for withdrawal, but may not require the consumer to provide it.
2. The withdrawal period referred to in paragraph 3 begins on the day following the conclusion of the agreement.

Extended withdrawal period for products, services, and digital content not supplied on a tangible medium when information about the right of withdrawal has not been provided:

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

Article 7 – Consumer’s obligations during the withdrawal period

1. During the withdrawal period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to establish its nature, characteristics and operation. The guiding principle is that the consumer may handle and inspect the product only as they would be allowed to do in a shop.
2. The consumer is only liable for any reduction in the value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any reduction in the value of the product if the trader has not provided them, before or at the conclusion of the agreement, with all legally required information about the right of withdrawal.

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

1. If the consumer exercises their right of withdrawal, they shall notify the trader of this within the withdrawal period using the model withdrawal form or in another unequivocal manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the trader (or an authorised representative of the trader). This is not required if the trader has offered to collect the product. The consumer has observed the return period in any event if they return the product before the withdrawal period has expired.
3. The consumer shall return the product with all accessories supplied, 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 burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer shall bear the direct costs of returning the product. If the trader has not notified the consumer that they must bear these costs, or if the trader indicates that they will bear the costs themselves, the consumer does not have to bear the return costs.
6. If the consumer withdraws after first expressly requesting that the performance of the service or the supply of gas, water or electricity that has not been prepared for sale in a limited volume or specific quantity begin during the withdrawal period, the consumer shall owe the trader an amount that is proportionate to the part of the obligation fulfilled by the trader at the time of withdrawal, compared with the full performance of the obligation.
7. The consumer shall bear no costs for the performance of services or the supply of water, gas or electricity that have not been prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
8. the business did not provide the consumer with the legally required information about the right of withdrawal, reimbursement of costs in the event of withdrawal, or the model withdrawal form; or
9. the consumer did not expressly request that performance of the service or supply of gas, water, electricity or district heating begin during the cooling-off period.
10. The consumer shall bear no costs for the complete or partial delivery of digital content not supplied on a tangible medium if:
11. they did not expressly consent, before delivery, to the performance of the agreement beginning before the end of the cooling-off period;
12. they have not acknowledged that they will lose their right of withdrawal when granting their consent; or
13. the business failed to confirm this statement by the consumer.
14. If the consumer exercises their right of withdrawal, all supplementary agreements shall be automatically terminated.

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

1. If the business enables the consumer to notify it of the withdrawal electronically, it shall send an acknowledgement of receipt without undue delay after receiving the notification.
2. The business shall reimburse all payments made by the consumer, including any delivery costs charged by the business for the returned product, without undue delay and in any event within 14 days of the day on which the consumer notifies the business of the withdrawal. Unless the business offers to collect the product itself, it may delay the refund until it has received the product or until the consumer provides proof that the product has been returned, whichever occurs first.
3. The business uses the same payment method for the refund as the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the business is not required to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The business may exclude the following products and services from the right of withdrawal, but only if it has clearly stated this when making the offer, or at least in good time before concluding the agreement:

1. Products or services whose price is subject to fluctuations in the financial market over which the business has no control and which may occur during the withdrawal period
2. Agreements concluded at a public auction. A public auction means a sales method whereby products, digital content and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after the service has been fully performed, but only if:
4. performance has begun with the consumer’s explicit prior consent; and
5. the consumer has declared that they waive their right of withdrawal once the trader has fully performed the agreement;
6. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period for their performance and for purposes other than residential purposes, goods transport, car rental services and catering;
7. Agreements relating to leisure activities, if the agreement provides for a specific date or period for their performance;
8. Products manufactured according to the consumer’s specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
9. Products that deteriorate rapidly or have a limited shelf life;
10. Sealed products that are unsuitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
11. Products that, after delivery, are irreversibly mixed with other products by their nature;
12. Alcoholic beverages whose price was agreed upon when the agreement was concluded, but whose delivery can take place only after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no influence;
13. Sealed audio or video recordings and computer software, the seal of which has been broken after delivery;
14. Newspapers, periodicals or magazines, with the exception of subscriptions to them;
15. The supply of digital content other than on a tangible medium, but only if:
16. performance has begun with the consumer’s explicit prior consent; and
17. the consumer has declared that they thereby waive 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 at variable prices if their prices are subject to fluctuations in the financial market over which the trader has no influence. This link to fluctuations and the fact that any prices quoted are indicative prices shall be stated in the offer.
3. Price increases within three months after the agreement was concluded are permitted only if they result from statutory regulations or provisions.
4. Price increases from three months after the agreement was concluded are permitted only if the trader has stipulated this and:
5. they result from statutory regulations or provisions; or
6. the consumer is entitled to terminate the agreement effective from the day on which the price increase takes effect.
7. The prices stated in the offer for products or services include VAT.

Article 12 – Fulfilment of the agreement and additional guarantee

1. The trader 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 statutory provisions and/or government regulations applicable on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
2. An additional guarantee provided by the trader, the trader’s supplier, manufacturer or importer never limits the statutory rights and claims that the consumer may assert against the trader under the agreement if the trader has failed to fulfil their part of the agreement.
3. An additional guarantee means any commitment by the trader, the trader’s supplier, importer or producer granting the consumer certain rights or claims that go beyond what they are legally required to provide if they have failed to fulfil their part of the agreement.

Article 13 – Delivery and fulfilment

1. The trader will exercise the utmost care when receiving and fulfilling orders for products and when assessing applications for the provision of services.
2. The delivery address is the address that the consumer has provided to the trader.
3. Subject to the provisions of Article 4 of these general terms and conditions, the trader will process accepted orders as soon as possible and no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be carried out or can only be carried out partially, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to cancel the agreement without charge and to claim any applicable compensation.
4. Following termination in accordance with the previous paragraph, the business shall promptly refund the amount paid by the consumer.
5. The risk of damage to and/or loss of products lies with the business until the products are delivered to the consumer or to a representative designated in advance and made known to the business, unless expressly agreed otherwise.

Article 14 – Ongoing transactions: duration, termination and renewal

Termination:

1. The consumer may terminate an agreement entered into for an indefinite period that provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement entered into for a definite period that provides for the regular delivery of products (including electricity) or services at any time before the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the preceding paragraphs:

• terminate at any time and not be limited to termination at a specific time or during a specific period;
• at least terminate in the same manner in which they entered into the agreement;
• always terminate with the same notice period as the business stipulated for itself.

Renewal:

1. An agreement entered into for a definite period that provides for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
2. By way of derogation from the previous paragraph, an agreement entered into for a definite period that provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a definite period of no more than three months, if the consumer can terminate the renewed agreement at the end of the renewal period with a notice period of no more than one month.
3. An agreement entered into for a definite period that provides for 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 may be no more than three months if the agreement provides for the regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.
4. An agreement of limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not automatically renewed and ends automatically after the trial or introductory period.

Term:

1. If an agreement lasts for more than one year, the consumer may terminate the agreement at any time after one year, subject to 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 provided in the agreement or supplementary terms, amounts owed by the consumer must be paid within 14 days after the cooling-off period begins, or, if no cooling-off period applies, within 14 days after the agreement is concluded. In the case of an agreement for the provision of a service, this period begins on the day after the consumer receives confirmation of the agreement.
2. When selling products to consumers, the consumer may never be required under the general terms and conditions to pay more than 50% in advance. If advance payment has been agreed, the consumer may not assert any rights concerning the performance of the relevant order or service(s) until the agreed advance payment has been made.
3. The consumer is obliged to report any inaccuracies in the payment details provided or stated to the trader without delay.
4. If the consumer fails to meet their payment obligation(s) on time, then, after the trader has notified the consumer of the late payment and granted the consumer a period of 14 days to fulfil their payment obligations, and payment has still not been made within this 14-day period, the consumer owes statutory interest on the outstanding amount and the trader is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the following €5,000, with a minimum of €40. The trader may deviate from these amounts and percentages in the consumer’s favour.

Article 16 – Complaints Procedure

1. The trader has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the performance of the agreement must be submitted to the trader within a reasonable period after the consumer has discovered the defects, and must be described fully and clearly.
3. Complaints submitted to the trader will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. A complaint about a product, service, or the trader’s service may also be submitted via a complaint form on the consumer page of the Stichting Webshop Keurmerk website (https://www.keurmerk.info/nl/consumenten/klacht/) The complaint will then be sent both to the trader concerned and to Stichting Webshop Keurmerk.
5. Webshop Keurmerk will not consider a dispute or will discontinue its consideration if the trader has been granted a suspension of payments, has been declared bankrupt, or has actually ceased its business activities or if the webshop has been suspended or expelled by Webshop Keurmerk.
6. Webshop Keurmerk will only consider a dispute if the consumer has first submitted the complaint to the trader within a reasonable period.
7. The dispute must be submitted in writing to Webshop Keurmerk no later than twelve months after it arose.
8. It is also possible to submit complaints via the European ODR platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage)

Article 17 – Disputes

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

Article 18 – Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable medium.

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

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

Address of Stichting Webshop Keurmerk:

Willemsparkweg 193, 1071 HA Amsterdam