General Terms and Conditions Stichting Webshop Keurmerk

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These General Terms and Conditions of Stichting Webshop Keurmerk have been established in consultation with the Consumentenbond as part of the Coordination Group for Self-Regulation Consultation (CZ) of the Social and Economic Council and come into effect on June 1, 2014. These General Terms and Conditions will be used by all members of Stiftung Webshop Keurmerk, excluding financial services as defined in the Financial Supervision Act and to the extent that these services are supervised by the Authority for the Financial Markets.

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 costs thereof
Article 9 - Obligations of the entrepreneur upon withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Fulfillment and extra guarantee
Article 13 - Delivery and execution
Article 14 - Long-term transactions: duration, termination, and extension
Article 15 - Payment
Article 16 - Complaint procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions
Article 19 - Amendment of the General Terms and Conditions of Stichting Webshop Keurmerk

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance agreement, and these items, digital content, and/or services are delivered by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
2. Reflection period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data that are produced and delivered in digital form;
6. Duration agreement: an agreement that aims at the regular delivery of goods, services, and/or digital content over a certain period;
7. Durable data carrier: any tool – including email – that enables the consumer or entrepreneur to store information that is addressed personally to him in such a way that future consultation or use during a period that is tailored to the purpose for which the information is intended is possible, and that allows for unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer's ability to withdraw from the distance agreement within the reflection period;
9. Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products, (access to) digital content, and/or services from a distance to consumers;
10. Distance agreement: an agreement that is concluded between the entrepreneur and the consumer in the context of an organized system for the distance sale of products, digital content, and/or services, whereby up to and including the conclusion of the agreement only or partly use is made of one or more techniques for remote communication;
11. Model withdrawal form: the European model form for withdrawal included in Annex I of these terms and conditions;
12. Technique for remote communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to come together simultaneously in the same space;

Article 2 - Identity of the entrepreneur

Pro-Racing B.V. | Pro-Racing | Sparco Netherlands

Satellietbaan 13C
2181 MG Hillegom
Netherlands

Phone: 0252 - 527 790
WhatsApp: 06 - 1714 7029
Email: info@pro-racing.nl
Website: https://pro-racing.nl

VAT / BTW #: NL865113361B01
CC / KvK #: 89797086

Bank details
Rabobank: NL43 RABO 0117 3848 01 / RABONL2U
ING Bank: NL28 INGB 0009 6943 75 / INGBNL2A

Article 3 - Applicability

1. These General Terms and Conditions apply to every offer of the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
2. Before the distance agreement is concluded, the text of these General Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance agreement is concluded how the General Terms and Conditions can be viewed at the entrepreneur's premises and that they will be sent to the consumer free of charge at his request as soon as possible.
3. If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement is concluded, the text of these General Terms and Conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the General Terms and Conditions can be accessed electronically and that they will be sent to the consumer free of charge at his request either electronically or otherwise.
4. In the event that alongside these General Terms and Conditions specific product or service conditions also apply, the second and third paragraphs of this article will apply accordingly, and the consumer may always rely on the applicable provision that is most favorable to him in the case of contradictory conditions.

Article 4 - The offer

1. If an offer has a limited validity period or is made under conditions, this will be explicitly 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 make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement

1. The agreement comes into being, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and fulfillment of the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm the receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate 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 provide a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can, within legal frameworks, inform himself whether the consumer can fulfill his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, he is entitled to refuse an order or request motivated or to attach special conditions to the execution.
5. The entrepreneur will send the consumer, by the latest upon delivery of the product, service, or digital content, 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 data carrier:
   a. the visiting address of the entrepreneur's establishment where the consumer can address complaints;
   b. the terms and 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;
   c. the information about guarantees and existing service after purchase;
   d. the price including all taxes of the product, service, or digital content; where applicable, the delivery costs; and the manner of payment, delivery, or execution of the distance agreement;
   e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
   f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a duration 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 an agreement relating to the purchase of a product during a reflection period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but he is not obliged to provide his reason(s).
2. The reflection period mentioned in paragraph 1 starts 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:
   a. if the consumer has ordered multiple products in a single order: the day on which the consumer or a third party designated by him receives the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided he has adequately informed the consumer about this before the ordering process.
   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 part;
   c. for agreements for the regular 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 material carrier:
3. The consumer may dissolve a service agreement and an agreement for the delivery of digital content that is not delivered on a material carrier for at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but he is not obliged to provide his reason(s).
4. The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement. Extended reflection period for products, services, and digital content not delivered on a material carrier in case of not informing about the right of withdrawal: 5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period established in accordance with the previous paragraphs of this article. 6. If the entrepreneur provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original reflection period, the reflection period expires 14 days after the day the consumer received that information.

Article 7 - Obligations of the consumer during the reflection period

1. During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and operation of the product. The guiding principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all the legally required information about the right of withdrawal before or when concluding the agreement.

Article 8 - Exercising the right of withdrawal by the consumer and costs thereof

1. If the consumer makes use of his right of withdrawal, he must inform the entrepreneur within the reflection 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 returns the product or hands it over to (an authorized representative of) the entrepreneur. This does not need to occur if the entrepreneur has offered to collect the product himself. The consumer has complied with the return period if he returns the product before the reflection period has expired.
3. The consumer returns the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not informed the consumer that he must bear these costs or if the entrepreneur indicates he will bear the costs himself, the consumer does not have to bear the costs of return.
6. If the consumer withdraws after having requested the provision of the service or the delivery of gas, water, or electricity that has not been put up for sale in a limited volume or quantity to commence during the reflection period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that the entrepreneur has fulfilled at the time of withdrawal, compared to the full fulfillment of the obligation.
7. The consumer does not incur costs for the execution of services or the delivery of water, gas, or electricity that has not been put up for sale in a limited volume or quantity, or for the delivery of district heating, if: a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal, or the model withdrawal form, or; b. the consumer has not expressly requested the commencement of the execution of the service or delivery of gas, water, electricity, or district heating during the reflection period.
8. The consumer does not incur costs for the full or partial delivery of digital content that has not been delivered on a material carrier if: a. he has not expressly consented to the start of the performance of the agreement before the end of the reflection period; b. he has not acknowledged that he loses his right of withdrawal upon granting his consent; or c. the entrepreneur has failed to confirm this statement of the consumer.
9. If the consumer makes use of his right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 9 - Obligations of the entrepreneur upon withdrawal

1. If the entrepreneur enables the consumer to notify his withdrawal electronically, he shall send a confirmation of receipt of this notification without delay upon receiving it.
2. The entrepreneur shall refund all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer reports the withdrawal to him. Unless the entrepreneur offers to collect the product himself, he may withhold the refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever time is earlier.
3. The entrepreneur uses the same payment method that the consumer used for the refund, 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 entrepreneur does not have to refund the additional costs for that more expensive method.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if he has clearly stated this in the offer, at least in good time before the conclusion of the agreement:

1. Products or services whose price is linked to fluctuations in the financial market that are beyond the entrepreneur's control and may occur during the withdrawal period
2. Agreements concluded during a public auction. A public auction is understood to be a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or who is given the opportunity to be personally present at the auction, conducted by an auctioneer, and whereby the successful bidder is obliged to take the products, digital content, and/or services;
3. Service agreements, after full execution of the service, but only if:
   a. the execution has begun with the explicit prior consent of the consumer; and
   b. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
4. Service agreements for the provision of accommodation, as provided for in the agreement for a specific date or period of execution other than for residential purposes, transportation of goods, car rental services, and catering;
5. Agreements regarding leisure activities, as provided for in the agreement for a specific date or period of execution;
6. Products manufactured according to consumer specifications that are not prefabricated and that are produced based on an individual choice or decision of the consumer, or that are clearly intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
9. Products that have been mixed irrevocably with other products after delivery due to their nature;
10. Alcoholic beverages whose price has been agreed upon upon the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value is dependent on fluctuations in the market that are beyond the entrepreneur's control;
11. Sealed audio, video recordings, and computer software, whose seal has been broken after delivery;
12. Newspapers, magazines, or periodicals, except for subscriptions thereto;
13. The delivery of digital content other than on a material carrier, but only if: a. the execution has begun with the explicit prior consent of the consumer; and b. the consumer has declared that he loses his right of withdrawal by granting his consent.

Article 11 - The price

1. During the validity period 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. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and which are beyond the entrepreneur's control at variable prices. This dependence on fluctuations and the fact that any prices mentioned are guide prices, will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
   a. these result from legal regulations or provisions; or
   b. the consumer has the authority to terminate the agreement starting from the day the price increase takes effect.
5. The prices mentioned for products or services in the offer are inclusive of VAT.

Article 12 - Fulfillment of the agreement and extra guarantee

1. The entrepreneur guarantees that the products and/or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of usability and/or quality, and the legal regulations and/or governmental regulations in force at the time of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur based on the agreement if the entrepreneur has failed to meet his part of the agreement.
3. By extra guarantee is meant any commitment of the entrepreneur, his supplier, importer, or producer whereby he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to meet his part of the agreement.

Article 13 - Delivery and execution

1. The entrepreneur will take the greatest possible care in the acceptance and execution of orders for products and in assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the entrepreneur.
3. With due regard to the provisions regarding this in Article 4 of these General Terms and Conditions, the entrepreneur will accept orders with due speed but no later than within 30 days, unless a different delivery term has been agreed upon. If the delivery is delayed or if an order cannot be executed or only partially can be executed, the consumer will receive a notification about this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and right to any compensation.
4. Upon termination in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer paid without delay.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and the entrepreneur known representative, unless explicitly agreed otherwise.

Article 14 - Long-term transactions: duration, termination, and extension

Termination:

1. The consumer may terminate an agreement that has been concluded for an indefinite period and which aims at the regular delivery of products (including electricity) or services, at any time with observance of the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement concluded for a fixed term that aims at the regular delivery of products (including electricity) or services, at any time at the end of the fixed term with regard to the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements mentioned in the previous paragraphs: - at any time and shall not be limited to termination at a specific moment or in a specific period; - at least terminate in the same manner as they were entered into by him; - always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension:

4. An agreement concluded for a fixed term and which aims at the regular delivery of products (including electricity) or services may not be extended or renewed tacitly for a fixed term.
5. In deviation from the previous paragraph, an agreement concluded for a fixed term that aims at the regular delivery of daily, news, and weekly newspapers and magazines may be extended tacitly for a fixed term of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
6. An agreement concluded for a fixed term that aims at the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month. The notice period is at most three months if the agreement aims at regular deliveries, but less than once a month, of daily, news, and weekly newspapers and magazines.
7. An agreement with limited duration for the regular delivery for introductory purposes of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be continued tacitly and will automatically end after the trial or introductory period. Duration: 8. 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 no more than one month, unless the reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment

1. Unless otherwise agreed in the agreement or supplementary conditions, the amounts due by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period commences on the day after the consumer has received confirmation of the agreement.
2. In the sale of products to consumers, the consumer may never be obliged in general terms to make an advance payment of more than 50%. If an advance payment has been agreed, the consumer cannot assert any right regarding the execution of the respective order or services until the agreed advance payment has been made.
3. The consumer is obliged to promptly report inaccuracies in provided or announced payment details to the entrepreneur.
4. If the consumer does not timely fulfill his payment obligation(s), he is liable to pay the statutory interest on the amount owed after the entrepreneur has pointed out the late payment to him and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after which, if payment has not been made within this 14-day period, the consumer will owe the entrepreneur the statutory interest over the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% over outstanding amounts up to €2,500; 10% over the subsequent €2,500; and 5% over the next €5,000, with a minimum of €40. The entrepreneur may deviate from the aforementioned amounts and percentages to the benefit of the consumer.

Article 16 - Complaint procedure

1. The entrepreneur has a sufficiently communicated complaint procedure and deals with the complaint according to this complaint procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
3. 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 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 entrepreneur's service can 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 to both the relevant entrepreneur and Stichting Webshop Keurmerk.
5. Stichting Webshop Keurmerk will not handle a dispute or will stop handling it if the entrepreneur has been granted a suspension of payments, has become bankrupt, or has actually ceased its business activities, or if the webshop has been suspended or revoked by Stichting Webshop Keurmerk.
6. A dispute will only be handled by Stichting Webshop Keurmerk if the consumer has submitted his complaint to the entrepreneur in a timely manner.
7. No later than twelve months after the dispute has arisen, the dispute must be submitted in writing to Stichting Webshop Keurmerk.
8. It is also possible to report complaints through the European ODR platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage).

Article 17 - Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these General Terms and Conditions relate. This also applies if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 18 - Additional or deviating provisions

Additional or deviating provisions from these General Terms and Conditions may not be to the consumer's detriment and must be documented in writing or in such a way that they can be stored in an accessible manner on a durable data carrier.

Article 19 - Amendment of the General Terms and Conditions of Stichting Webshop Keurmerk

1. When Stichting Webshop Keurmerk makes an amendment, we will inform the entrepreneur via the newsletter and place the latest terms on our website (https://www.keurmerk.info/nl/algemene-voorwaarden/)
2. Changes to these terms take effect only after they have been published in an appropriate manner, provided that in case of applicable changes during the term of an offer, the provision that is most favorable to the consumer will prevail.

Address of Stichting Webshop Keurmerk: Willemsparkweg 193, 1071 HA Amsterdam