General Terms and Conditions

The General Terms and Conditions of the Dutch Home Shopping Organization (hereinafter referred to as Thuiswinkel.org) have been drawn up in consultation with the Consumers' Association as part of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and have been in force since June 1, 2014.

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 - Obligations of the Consumer During the Reflection Period

Article 8 - Exercising the Right of Withdrawal by the Consumer and Associated Costs

Article 9 - Obligations of the Entrepreneur in Case of Cancellation

Article 10 - Exclusion of the Right of Withdrawal

Article 11 - The Price

Article 12 - Execution and Additional Warranty

Article 13 - Delivery and Execution

Article 14 - Continuous Agreements: Duration, Termination, and Extension

Article 15 - Payment

Article 16 - Complaints Procedure

Article 17 - Disputes

Article 18 - Sectoral Guarantee

Article 19 - Additional or Deviating Provisions

Article 20 - CESOP

Article 21 - Amendments to the General Terms and Conditions for Home Shopping

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  • Supplementary Agreement: An agreement in which the consumer purchases goods, digital content, and/or services within the framework of a distance contract, and these goods, digital content, and/or services are supplied by the entrepreneur or a third party based on an agreement between that third party and the entrepreneur.

  • Reflection Period: The period within which the consumer may exercise their right of withdrawal.

  • Consumer: A natural person who is not acting for purposes related to their trade, business, craft, or professional activity.

  • Day: Calendar day.

  • Digital Content: Data produced and supplied in digital form.

  • Agreement for an Indefinite Period: An agreement that involves the regular delivery of goods, services, and/or digital content over a certain period.

  • Durable Data Carrier: Any tool – including email – that enables the consumer or entrepreneur to store information addressed to them in a way that allows future consultation or use for a period adequate to the purpose for which the information is intended, and which allows the unchanged reproduction of the stored information.

  • Right of Withdrawal: The consumer’s ability to withdraw from the distance contract within the reflection period.

  • Entrepreneur: The natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content, and/or services remotely to consumers.

  • Distance Contract: An agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the remote sale of goods, digital content, and/or services, where exclusive or joint use is made of one or more means of remote communication up to and including the conclusion of the agreement.

  • Model Withdrawal Form: The European model withdrawal form included in Appendix I of these terms and conditions; Appendix I does not need to be provided if the consumer does not have a right of withdrawal for their order.

  • Technology for Remote Communication: A means used to conclude an agreement without the consumer and the entrepreneur being simultaneously present in the same space.

Article 2 - Identity of the Entrepreneur

Trade Name:
Chamber of Commerce Number:
Address:

Opening Hours:
Monday to Friday from 09:00 to 17:00.
Saturday and Sunday from 10:00 to 15:00.

Email Address: Support@Nina-Nicole.nl
Chamber of Commerce Registration Number:
VAT Identification Number:

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur 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, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge upon request as soon as possible.

  3. If the distance contract is concluded electronically, 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 data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically, and that they will be sent to the consumer electronically or otherwise free of charge upon request.

  4. In cases where, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favorable to them.

Article 4 - The Offer

  1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

  2. The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a truthful representation of the offered products, services, and/or digital content. Obvious errors or mistakes in the offer are not binding for the entrepreneur.

  3. Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The Agreement

  1. The agreement is concluded – subject to the provisions of paragraph 4 – at the moment the consumer accepts the offer and meets the specified conditions.

  2. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer is able to make electronic payments, the entrepreneur will take appropriate security measures.

  4. The entrepreneur may, within legal frameworks, inquire about the consumer’s ability to fulfill their payment obligations, as well as all facts and factors relevant to responsibly concluding a distance contract. If the entrepreneur has valid reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.

  5. The entrepreneur will provide the consumer, at the latest upon delivery of the product, service, or digital content, with the following information in writing or in such a way that it can be stored on a durable data carrier:
    a. The visiting address of the entrepreneur’s business location where the consumer can file complaints;
    b. The conditions under which and the manner in which the consumer may exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    c. Information about guarantees and existing after-sales service;
    d. The price, including all taxes, of the product, service, or digital content, any applicable delivery costs, and the method of payment, delivery, or execution of the distance contract;
    e. The requirements for terminating the agreement if the contract has a duration of more than one year or is indefinite;
    f. If the consumer has a right of withdrawal, the model withdrawal form.

If the contract is for an indefinite period, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

n the case of products:

The consumer can terminate a purchase agreement for a product within a 30-day cooling-off period without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige the consumer to provide a reason.

The cooling-off period mentioned in paragraph 1 starts on the day after the consumer or a third party designated by the consumer, who is not the carrier, has received the product:

a. If the consumer has ordered multiple products in one order: the day on which the consumer or a third party designated by him has received the last product. The entrepreneur may, provided he has clearly informed the consumer before placing the order, refuse an order for multiple products with different delivery times.

b. If the delivery of a product consists of multiple shipments or parts: the day on which the consumer or a third party designated by him has received the last shipment or the last part.

c. In the case of agreements for the periodic delivery of products over a specified period: the day on which the consumer or a third party designated by him has received the first product.

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

The consumer can cancel a service agreement and an agreement for the supply of digital content not delivered on a tangible medium within 30 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but may not oblige the consumer to provide a reason.

The cooling-off period referred to in paragraph 3 begins the day after the agreement is concluded.

Extended cooling-off period if the consumer is not informed about the right of withdrawal:

If the entrepreneur has not provided the consumer with the mandatory 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 as determined in this article.

If the entrepreneur provides the consumer with the mandatory information within twelve months after the original cooling-off period, the cooling-off period expires 30 days after the day on which the consumer receives this information.

Article 7 - Consumer obligations during the cooling-off period

During the cooling-off period, the consumer must handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as he would in a physical store.

The consumer is only liable for any diminished value of the product resulting from handling the product in a manner beyond what is permitted in paragraph 1.

The consumer is not liable for any diminished value of the product if the entrepreneur has not provided all mandatory information about the right of withdrawal before or at the time of the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and associated costs

If the consumer exercises his right of withdrawal, he must notify the entrepreneur within the cooling-off period using the model withdrawal form or another unambiguous statement.

The consumer must return the product as soon as possible, but no later than 14 days after this notification, either by sending it back or handing it over to the entrepreneur or a third party designated by the entrepreneur. This is not required if the entrepreneur has offered to collect the product himself. The consumer has complied with the return period if he sends the product before the cooling-off period expires.

The consumer is required to return the product with all supplied accessories, as much as possible in its original condition and packaging, and in accordance with reasonable and clear instructions provided by the entrepreneur.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

The consumer bears the direct costs of returning the product unless the entrepreneur assumes these costs or has failed to inform the consumer that the costs are to be borne by him.

If the consumer withdraws after having explicitly requested the commencement of a service during the cooling-off period, he must pay the entrepreneur an amount proportional to the part of the agreement that has been fulfilled at the time of withdrawal.

The consumer is not liable for costs related to services or the supply of water, gas, or electricity (not in limited quantities), or district heating if:

a. The entrepreneur has not provided the consumer with the required information about the right of withdrawal and associated costs;

b. The consumer has not explicitly requested the commencement of the service or supply during the cooling-off period.

The consumer is not liable for costs related to the supply of digital content not delivered on a tangible medium if:

a. He has not explicitly consented to the execution before the cooling-off period expires;

b. He has not acknowledged that he loses his right of withdrawal;

c. The entrepreneur has failed to provide this confirmation.

When the consumer exercises his right of withdrawal, all supplementary agreements are automatically terminated.

Article 9 - Obligations of the entrepreneur in case of withdrawal

If the entrepreneur receives the withdrawal notification electronically, he must promptly send an acknowledgment of receipt.

The entrepreneur reimburses all payments made by the consumer, including the shipping costs of the original delivery, as soon as possible but no later than 14 days after the withdrawal notification. He may withhold reimbursement until he has received the returned product or until the consumer provides proof of return, whichever occurs first.

The entrepreneur must use 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.

If the consumer has opted for a more expensive shipping method than the standard delivery, the entrepreneur is not required to reimburse the additional costs.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur may exclude the right of withdrawal for the following products and services, provided this is clearly stated in the offer and before the conclusion of the agreement:

  1. Products whose price depends on fluctuations in the financial market beyond the entrepreneur’s control;

  2. Agreements concluded during a public auction;

  3. Services fully performed with the consumer’s explicit consent;

  4. Package travel and transport agreements;

  5. Leisure activities bound to a specific date or period;

  6. Custom-made products;

  7. Perishable products;

  8. Sealed products that cannot be returned for hygiene or health reasons;

  9. Products that become irreversibly mixed with other products after delivery;

  10. Alcoholic beverages with delivery after 30 days;

  11. Opened audio/video recordings and software;

  12. Newspapers, magazines, or periodicals;

  13. Digital content not delivered on a tangible medium, with the consumer’s consent.

Article 11 - The Price

During the validity period stated in the offer, the prices of the products offered and/or services may not be changed, except for price changes resulting from changes in VAT rates. When predicting the previous clause, the entrepreneur may offer products or services with prices that are subject to fluctuations in the financial market and are beyond the control of the entrepreneur at variable prices. This dependency on fluctuations will be indicated in the offer, specifying that these incorporate price recommendations. Price increases within 3 months after the conclusion of the agreement are only permitted if they arise from statutory regulations or provisions. Price increases after 3 months following the conclusion of the agreement are only allowed if the entrepreneur agrees to them and: A. they stem from statutory regulations or provisions; and B. the consumer has the right to terminate the agreement on the day the price increase takes effect. The prices in the offer for the products or services are inclusive of VAT.

Article 12 - Compliance and Additional Guarantee

The entrepreneur substantially guarantees that the products and/or services meet the agreement, the functional specifications in the offer, the adequate requirements of reliability and/or suitability, and the legally valid regulations and/or governmental rules applicable at the time of the agreement. If combined, the entrepreneur also guarantees that the product is suitable for uses other than normal use. An additional guarantee from the entrepreneur, their supplier, manufacturer, or importer does not limit the legal rights and claims that the consumer may assert against the entrepreneur based on the agreement if the entrepreneur fails to comply with part of the agreement. An additional guarantee is defined as any commitment from the entrepreneur, their supplier, importer, or producer in which they provide the consumer with certain rights or claims that go beyond what they are legally obliged to, in the event the entrepreneur fails to meet part of the agreement.

Article 13 - Delivery and Execution

The entrepreneur will exercise the utmost care in processing and executing orders for products and evaluating requests for services. The delivery location is the address that the consumer has provided to the entrepreneur. With due observance of the provisions in Article 4 of these general terms and conditions, the entrepreneur will execute the orders as soon as possible, but in any case within 30 days, unless a different delivery period has been agreed upon. If a delivery delay occurs, or if an order can only be partially fulfilled, the consumer will be informed no later than 30 days after their order. In that case, the consumer has the right to dissolve the agreement without cost and is entitled to possible compensation. After dissolution of the agreement, the entrepreneur will promptly refund the amount paid by the consumer. The risk of damage and/or loss of products remains with the entrepreneur until the moment of transfer to the consumer or to a previously designated representative known to the entrepreneur, unless explicitly stated otherwise.

Article 14 - Duration Agreements: Duration, Cancellation, and Extension

Termination:

The consumer can cancel an agreement for an indefinite period, which relates to the periodic delivery of products (including electricity) or services, at any time with due observance of the applicable rules and a notice period of no more than one month. The consumer can cancel a fixed-term agreement, which relates to the periodic delivery of products (including electricity) or services, at any time at the end of the fixed term with due observance of the applicable indefinite cancellation rules and a notice period of up to one month. The consumer may terminate the agreements divided in the inverse provisions: at any time and not limited to termination at a specific time or within a specific period; B. they will act largely in the same manner if they are entered into by him; C. they will always be canceled with the same notice period that the entrepreneur has declared for themselves.

Extension:

A fixed-term agreement for the periodic delivery of goods (including electricity) or services cannot be automatically renewed for a fixed period. However, a fixed-term agreement for the periodic delivery of daily or weekly publications of magazines may be tacitly extended for a maximum of three months, if the consumer has the right to cancel this extended agreement before the expiry of the extension period with a notice period of up to one month. A fixed-term agreement for the periodic delivery of goods or services may be automatically extended for an indefinite period if the consumer has the right to cancel the agreement at any time with a notice period of up to one month. The notice period is a maximum of three months if the agreement relates to the periodic but less burdensome delivery of daily, news, and weekly publications and magazines. A restricted-term agreement for the periodic delivery of daily or weekly publications and magazines (trial or introductory subscriptions) will not be tacitly continued and will automatically expire with the end of the trial or introductory period.

Duration:

For an agreement lasting longer than one year, the consumer may cancel at any time after one year with a notice period of up to one month, unless reasonableness and fairness oppose cancellation before the expiry of the combined duration.

Article 15 - Payment

Unless otherwise agreed in the agreement or additional conditions,

the amount owed by the consumer must be paid within 14 days after the start of the reflection period or, if no reflection period is provided, within 14 days after the conclusion of the agreement. In the case of an agreement for the supply of a service, this period starts on the day after the consumer has received confirmation of the agreement.

When selling products to consumers, the consumer may never be required to pay more than 50% in advance. If an advance payment has been made, the consumer cannot assert any rights regarding the execution of the agreement or the final order of services until they have paid the advance amount owed. The consumer is obliged to inform the entrepreneur immediately of any inaccuracies in the provided investment data.

If the consumer fails to meet their payment obligations on time, they are liable, after being notified by the entrepreneur about the payment arrears, to pay statutory interest on the amount owed after the entrepreneur has given the consumer a period of 14 days to meet their payment obligations. The entrepreneur is entitled to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% for the first €2500, 10% for the next €2500, and 5% for the next €5000, with a minimum of €40. The entrepreneur may deviate from the percentages stated in this article for the benefit of the consumer.

Article 16 - Complaints Procedure

The entrepreneur has a sufficiently known complaints procedure and will handle complaints in accordance with this complaints procedure. Complaints regarding the execution of the agreement must be submitted to the entrepreneur within a reasonable timeframe and must be clearly described upon the consumer's discovery of the shortcomings.

Complaints submitted to the entrepreneur will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

A complaint regarding a product, service, or the service of the entrepreneur can also be submitted via a complaint form on the consumer website of Thuiswinkel.org at www.thuiswinkel.org. The complaint will then be sent to both the entrepreneur and Thuiswinkel.org.

The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual agreement. After this period has expired, a dispute arises that may be submitted to the dispute resolution procedure.

Article 17 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Disputes between a consumer and an entrepreneur regarding the establishment and execution of agreements relating to products and services to be supplied by this entrepreneur can be submitted by both the consumer and the entrepreneur to the Dispute Committee Thuiswinkel, P.O. Box 90600, 2509 LP The Hague (www.sgc.nl), with reference to the following provisions.

A dispute will only be handled by the Dispute Committee if the consumer has timely submitted their complaint to the entrepreneur. If the complaint does not lead to a solution, it must be submitted to the Dispute Committee in writing or in another form determined by the committee within 12 months after the date on which the consumer submitted the complaint to the entrepreneur.

If the consumer wishes to submit a dispute to the Dispute Committee, the entrepreneur is bound by this choice. The consumer should preferably first inform the entrepreneur.

If the entrepreneur wishes to submit a dispute to the Dispute Committee, the consumer must indicate in writing within five weeks of a written request from the entrepreneur whether they wish to do so or whether they will bring the dispute before the competent ordinary court. If the entrepreneur does not respect the consumer’s choice within five weeks, they may be legitimately excluded from submitting it to an independent court.

The decision of the Dispute Committee is made under the conditions set out in the Regulations of the Dispute Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The rulings of the Dispute Committee are binding.

The Dispute Committee may mark a case as concluded or suspend the procedure if the entrepreneur is in default of payment, is declared bankrupt, or has effectively ceased operations before the committee has made a decision during a session.

If another dispute resolution committee has been recognized in addition to the Dispute Committee Thuiswinkel or is affiliated with the Foundation Disputes Committees for Consumer Affairs (SGC) of the Complaints Institute Financial Services (Kifid), the Dispute Committee Thuiswinkel shall decide on disputes that primarily concern the manner of remote sales of the delivery of services. For all other disputes, another dispute resolution committee recognized by SGC of Kifid is competent.

Article 18 - Sectoral Guarantee

Thuiswinkel.org essentially ensures that its members comply with the binding decisions of the Thuiswinkel Dispute Committee unless the member decides to submit the binding decision to a court for review within two months after sending it. This guarantee exists if the 

binding advice is confirmed after review by the court, and the ruling contained therein is irrevocable. Up to a maximum of €10,000 per binding advice, this amount will be paid by Thuiswinkel.org to the consumer. For amounts exceeding this, €10,000 will be paid. If the sum matches these amounts, Thuiswinkel.org has a duty of care to ensure that the member follows the binding advice.

To be eligible for this guarantee, it is necessary for the consumer to submit their claim in writing to Thuiswinkel.org and to transfer their claim against the entrepreneur to Thuiswinkel.org. If the claim against the entrepreneur exceeds €10,000, the consumer will be offered to transfer their claim, insofar as it exceeds the amount of €10,000, to Thuiswinkel.org, after which this organization will enforce the claim in its own name and at its own expense.

Article 19 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not disadvantage the consumer and must be laid down in writing or in such a way that the consumer can store them on a durable data carrier.

Article 20 - CESOP

As a result of the measures enacted and tightened in 2024 concerning the 'Law Amending the Turnover Tax Act 1968 (Implementation Act Payment Service Providers Directive)' and thus the introduction of the Central Electronic Payment Information System (CESOP), payment service providers can register data in the European CESOP system.

Article 21 - Changes to the General Terms and Conditions for Home Shopping

Thuiswinkel.org will only amend these general terms and conditions after consultation with the consumer association. Changes in these terms will only take effect after they have been appropriately published, with precedence given to the most difficult conditions for the consumer if the complexity of an offer changes complicatedly.

Thuiswinkel.org

www.thuiswinkel.org

Horaplantsoen 20, 6717 LT Ede

P.O. Box 7001, 6710 CB Ede

Attachment I: Model Withdrawal Form

Model Withdrawal Form

(this form should only be filled out and returned if you wish to withdraw from the agreement)

A. To: [Name of the entrepreneur]
[Geographical address of the entrepreneur]
[Fax number of the entrepreneur, if applicable]
[Email address of the entrepreneur]

B. Herewith I/we* inform you that I/we* have decided to withdraw from our agreement regarding the sale of the following products: [Product description],
the delivery of the following digital content: [Description of the digital content],
the execution of the following service: [Description of the service]*,
withdrawn/cancelled.

C. Ordered on*/received on* [Order date for services or date of receipt for products].
D. [Name of the consumer(s)]
E. [Address of the consumer(s)]
F. [Signature of the consumer(s)] (only if this form is submitted on paper)

Strikethrough non-applicable sections or fill them in.
By consenting to SMS marketing from Nina-Nicole during the checkout process and initiating a purchase or subscribing to our subscription services, you give permission to receive recurring SMS messages (for your order, including parts related to the transactions), SMS marketing offers, and transaction-related SMS messages, including detailed instructions for reviews from us, even if your mobile number is listed on a state or national 'Do Not Call' list. The frequency of the messages may vary. Consent is not a condition for purchase.

If you no longer wish to receive SMS marketing messages and notifications, reply with STOP to any mobile message you receive from us or use the opt-out link provided in each of our messages. You understand that alternative methods of opting out, such as using different words or attempts, may not be interpreted as an effective method of opting out. We do not charge you for these services, but you are responsible for all costs and fees charged by your mobile provider for text messages. Message and data rates may apply.

If you have questions, send HELP as a text to the number from which you received the messages. You can also contact us through [LINK to your contact page or form or your email address] for more information.

We reserve the right to change any phone or short number we use for the operation of the service at any time. You will be notified in similar cases. You agree that messages you send to a changed phone or short number, including STOP or HELP requests, may not be received, and we are not obligated to comply with those messages.

To the extent permitted by applicable law, you agree that we are not liable for failed, delayed, or incorrectly delivered information sent via the service, for errors in that information, and/or for actions you take or fail to take based on the information provided by the service.

Your right to privacy is important to us. You can view our privacy policy at [https://Nina-Nicole.nl/pages/privacybeleid] to understand how we collect and use your personal data.

This completes the translation and generation of the document. If you need further assistance or specific sections to be translated or elaborated on, feel free to let me know!