Room108 BV

Address: Heusdensebaan 65, 5061PN, Oisterwijk
Chamber of Commerce: 60765542
Location number: 000029930537
VAT: NL854050528B01

CBW-RECOGNIZED TERMS AND CONDITIONS FOR HOME SHOPS

These conditions apply to purchases made from 01-01-2020.
The following general terms and conditions apply to the following CBW authorized dealers:

Room108 Amsterdam
Room108 Rotterdam
Room108 & Gusj Market Eindhoven
Whoon Oisterwijk
Zen Lifestyle Wijchen
Kotter Living Oldenzaal
Pine Design Living Zuidlaren
Home furnishing-At home Zutphen

These companies are not members of the CBW and have their own conditions (consult the relevant website of the store):

Room108 Zwolle
Room108 Veenendaal
Room108 Bonheiden: entrepreneur number 0633.966.759
Room108 Bruges: entrepreneur number 0758.934.829
Room108 Kalmthout: entrepreneur number 0865.962.946
Trendo Living Roermond
Famous Living Den Helder
Design Factory Leeuwarden

ARTICLE 1 • Definitions

In these terms and conditions:

The entrepreneur: the CBW-approved seller/contractor, participant in the SG CBW, who enters into or wishes to enter into an agreement with the customer;
The business customer: the customer acting in the exercise of a profession or business;
The consumer: the customer who does not act in the exercise of a profession or business;
Episode: the actual offer of the purchased products and/or semi-finished products to the customer;
Delivery: making the products and/or the work available ready for use, as agreed;
Distance Agreement: the agreement with a consumer whereby, up to and including the conclusion of the agreement, use is made exclusively of one or more techniques for distance communication, as referred to in Section 6:230g, paragraph 1, of the Dutch Civil Code, such as e.g. web shop or mail order;
Off-premises Agreement Closed: an agreement that is concluded with a consumer other than in the sales area of the trader, as referred to in Article 6:230g paragraph 1f of the Dutch Civil Code (for example, at consumers' homes, at some fairs or on the street);
SG CBW: CBW Guarantee Regulations Foundation, which is charged with the implementation and enforcement of the consumer regulations as referred to in Articles 19 and 21 of these terms and conditions;
Participant SG CBW: the CBW-approved entrepreneur who has affiliated himself or one or more of his branches/operating companies with the CBW Guarantee Schemes Foundation;
Deposit: the payment of part of the agreed price made by the customer when concluding the agreement;
Floor: subfloor and/or intermediate floor and/or floor covering material;
Subfloor: the existing surface on which the work is to be carried out;
Mezzanine floor: the material that is applied between the subfloor and the floor covering material, not being repair material of the subfloor.
Connect: connecting all supply and discharge pipes and wiring to existing and correctly installed connection points;
to install: the installation of all supply and discharge pipes, wiring and connection points, necessary for the correct installation of the product;
Mounting (placing): assembling and adjusting the product or parts thereof;
Other activities: demolition and renovation work, leveling floors and walls and processing tiles;
Dispute Resolution Officer: the independent body to which the SG CBW has outsourced the handling of disputes.

ARTICLE 2 • Validity

These terms and conditions may only be used by CBW-approved furniture stores and only for the supply of products and/or services in the field of home furnishings.
These conditions only apply in the situation of a transaction between:

  • a CBWorking entrepreneur with a consumer established in the Netherlands and doing business
  • a CBW-approved entrepreneur established abroad and doing business with a consumer established in the Netherlands.

ARTICLE 3 • Intellectual property

1. The entrepreneur reserves the intellectual property of designs, images, drawings, samples, samples and models provided. If requested by the entrepreneur, the customer must return them immediately. If the entrepreneur also has other legal rights, he can claim them.

2. The customer may not remove or change indications about intellectual property rights on/in the services delivered or made available by the entrepreneur.

3. The customer may not reproduce, publish, exploit or exhibit material of the entrepreneur to which intellectual property rights rest without the permission of the entrepreneur.

ARTICLE 4 • Quotation

1. All quotations are valid up to and including 21 days after the quotation date, unless stated otherwise in the quotation. They are based on the data, drawings and measurements derived therefrom provided by the customer and any measurements taken by the entrepreneur. The customer must thereby inform the entrepreneur about facts and/or circumstances that may influence the performance of the agreement, insofar as relevant for making the offer (see also Articles 7 and 8). In the case of floors, the entrepreneur will use the largest lengths and widths when measuring the surfaces, taking into account the packaging units that must be ordered from suppliers (running meters of carpet, packs of laminate, full-length skirting boards, etc.). Designs, images, drawings, statements of sizes and weights and samples and models provided by the entrepreneur are as accurate as possible.

2
. The quotation states a complete description of the products to be delivered and the work to be performed, the total (purchase) price, the delivery time, the payment conditions and the risks for both parties. When ordering 'on call', the quotation contains an explanation about this and information about the delivery time after call, as referred to in Article 6 paragraph 6. The quotation states the price of the materials and the way in which the price for the work to be performed is calculated. . There are two ways: contract price or direction.
a. in the case of the contract price, the parties agree on a fixed amount for which the work will be carried out;
b. in the case of directing, the entrepreneur accurately states what determines the price (e.g. hourly rate and prices of the necessary materials). At the request of the customer, the entrepreneur can give a target price, which is an estimate of the total costs. The quotation states if there are any additional costs such as freight, delivery, payment or postage costs.

3. The work that is not mentioned in the quotation does not fall under the agreed price. If the customer does require this, this can increase the price (see also Article 13).

4
. The customer must ensure that the entrepreneur can perform the work properly.

5
. If the customer does not accept the offer, the entrepreneur may charge the costs of preparing the offer, but only if the customer has demonstrably been made aware of the (amount of the) costs when or before requesting the offer. The customer becomes the owner of the quotation and any drawings upon payment of the quotation costs. The intellectual property remains with the entrepreneur.

ARTICLE 5 • Agreement (for off-premises or distance contracts: see Article 18)

Deposit

1. The entrepreneur may request a down payment when entering into an agreement with a consumer. No maximum percentages apply to a business customer (not a consumer). For a consumer, the height of the maximum percentage depends on the product.

2. The maximum deposit for consumers is 25%, except for the products below where 15% is the maximum:
a. kitchens/bathrooms/sanitary items and/or parts thereof, and/or related activities;
b. parquet, solid wood floorboards, marmoleum, PVC, stair renovation, natural stone, gravel, (gravel) tile, cast, concrete, concrete look, cork and laminate floors and/or work to be performed in connection with these products.
c. any other product groups and/or services, if they are listed on www.cbw-erkend.nl.

3. The down payment scheme of Article 19 applies to the down payment percentages referred to in paragraph 2. This does not apply to a distance contract.

4. No maximum down payment percentages apply to a distance contract, subject to the legal restrictions as described in Article 11 paragraph 2.

Price change

5. Price increases can be passed on to business customers.

6. For price increases at consumers, occurring after the conclusion of the agreement but before delivery, the following applies:

  • Price increases due to VAT increases and other legal measures can always be passed on.
  • Other price increases within 3 months after the conclusion of the agreement may not be passed on.
  • Other price increases after 3 months after the conclusion of the agreement may only be passed on if this has been agreed. The entrepreneur will state why a price increase can be implemented and whether or not the consumer can dissolve the contract free of charge afterwards.

7. Price reductions after the conclusion of the agreement due to, for example, clearance sales, clearance sales, promotions or discounts on showroom models do not entitle the customer to a price reduction.

Retention of title

8. The entrepreneur remains the owner of the sold products until the buyer has paid the price (and any additional costs) in full. The customer is obliged to handle the products carefully. He may not hand over the products to third parties or give them as collateral, lend them or have them removed from the room where they were delivered, until the amount due has been paid.

9. The entrepreneur may, without notice of default, dissolve the agreement in whole or in part extrajudicially in the event of bankruptcy, suspension of payments or legal debt restructuring of the customer.

Security for business customers

10. In the case of an agreement with a business customer, the entrepreneur may request sufficient security for the fulfillment of the payment obligation before executing the agreement or continuing with it.

Compensation for business customers

11. The entrepreneur never has to pay any other compensation to a business customer than is expressly provided for in these terms and conditions. He does not have to compensate other direct or indirect damage, including damage of third parties, loss of profit and the like.

Call-out costs

12. The entrepreneur may charge call-out costs if this has been agreed upon when the agreement is concluded. If transport is not included in the agreement, the entrepreneur may always charge call-out costs, except in the case of non-conformity.

ARTICLE 6 • Delivery time

1. The delivery time is the agreed time within which the work must be performed or the products must be delivered. The delivery time is fixed unless the agreement states a probable delivery time. If no delivery time has been agreed, a fixed delivery time of 30 days applies to a consumer purchase.

2
. If the expected delivery time is not met, the entrepreneur will be granted an extra period to still deliver. The extra term is a maximum of one month, but never longer than the original delivery time. Any price increase within this period may not be passed on.

3. If the extra period or the agreed delivery time is exceeded, the customer may dissolve the agreement without notice of default or judicial intervention and/or request compensation.

4. If the presumed or agreed delivery time is exceeded, the entrepreneur is not liable for any form of consequential damage in the case of an agreement with a business customer.

5. In the case of an agreement with a consumer, the entrepreneur must compensate the damage that is related to the exceeding and that can be attributed to him, partly in view of the nature of the liability and the nature of the damage. The consumer must limit the damage as much as possible.

6. If it has been agreed that an order will be placed by the entrepreneur after the consumer's notification (order on call), then the agreed fixed or probable delivery time will start from the call date. Call-off must take place within nine months of concluding the agreement, unless agreed otherwise. If there is no call-off within that period, the entrepreneur will remind the customer in writing and give him a maximum of three months to call-off. After this period, the agreement is considered canceled and article 12 applies.

ARTICLE 7 • Rights and obligations of the entrepreneur

1. The entrepreneur delivers the products properly, properly and as agreed in the agreement. The work is carried out properly, properly and as agreed.

2. The entrepreneur complies with the legal regulations applicable at that time when delivering products and performing work.

3. The entrepreneur will point out to the customer in good time before concluding the agreement that the customer ensures the suitability of the place where the work is to be carried out, such as, for example, that the construction and/or installation regulations have been complied with. If the entrepreneur does not point this out (in time), he must compensate the direct damage and costs suffered by the consumer and he will bear any damage himself.

4. The entrepreneur also points out to the customer:

  • inaccuracies in the assignment or assigned work, e.g. working on an unsound surface;
  • the defect or unsuitability of certain items, e.g. materials or aids made available by the consumer; This only applies if the entrepreneur knows or should reasonably know them. If the entrepreneur does not do this, he is liable for the damage, unless the damage cannot be attributed to him.

5. The entrepreneur, if he has been informed by the customer (see Article 8, paragraph 5), provides the information that may be expected from him, insofar as his expertise extends, about the necessity of using special aids such as a lift or a crane. The parties agree on whose account and risk the use of the special aids is.

6. The entrepreneur regularly continues the work after the start.

7. The entrepreneur ensures that the work is carried out by persons who are experts in that work.

8. If the work is delayed due to circumstances that are at the risk of the consumer, the delivery period will be extended.

9. If the customer has wishes for sound insulation of a floor (for example in apartments), the entrepreneur will ask the customer for a statement containing the measured value of the subfloor and screed. If the customer does not do this or if it is not available, the entrepreneur will warn the customer about possible less sound insulation after delivery. The entrepreneur ensures that he can demonstrate that the products supplied have the intended sound-absorbing effect, for example by submitting product information from the supplier of the intermediate floor.

ARTICLE 8 • Rights and obligations of the customer

1. The customer ensures that the entrepreneur can deliver the products and perform the work.

2. The customer ensures that the entrepreneur has the necessary approvals (permits, etc.) and the data important for the work (eg the location of pipes) in good time.

3. The customer ensures that the place where the work is carried out is suitable, such as that:

  • the room is glass-tight and can be properly closed;
  • floors are free of lime, cement and dirt residues and loose parts;
  • the construction and/or installation regulations have been complied with;
  • installation points, pipes and drain pipes are present in accordance with the drawing of the entrepreneur;
  • there is electricity, heating, running water and adequate ventilation. If the customer does not take care of this, he must compensate the demonstrable direct damage and reasonable costs suffered by the entrepreneur and he will bear his own damage, if any.

4. The customer bears the risk of damage due to: • inaccuracies in the assigned work;

  • inaccuracies in the constructions and methods required by the customer;
  • defects in the movable or immovable property on which the work is being done;
  • defects in materials or tools made available by the customer.
  • The entrepreneur does point out to the customer the items referred to in paragraph 4 of article 7.

5. The customer informs the entrepreneur about special circumstances that necessitate the use of a lift or a crane, for example. The parties agree who bears the costs and the risk of using the special aids. If the customer has not provided this information, the costs of the use of special tools are for his account.

6. The customer ensures that work and/or deliveries to be carried out by third parties take place in a timely and proper manner, so that the execution of the work is not delayed. If there is nevertheless a delay, the customer will report this to the entrepreneur in good time.

7. The customer ensures that no other work is carried out in the room where the work takes place or has taken place that could cause damage to the work of the entrepreneur.

8. The customer ensures that the place of delivery is easily accessible and available on time and that everything possible is done to enable a smooth delivery/delivery.

9. If the start or progress of the work is delayed due to circumstances as referred to in this article, the customer must compensate the damage suffered by the entrepreneur as a result, if these circumstances can be attributed to the customer.

10. The customer takes good care of the articles, materials and tools of the entrepreneur that are located at the work site.

11. The customer who, against the express advice of the entrepreneur, nevertheless wants the entrepreneur to perform certain activities, is himself liable for the damage caused by this.

12. The customer cannot oblige the entrepreneur to perform work that is contrary to working conditions regulations.

ARTICLE 9 • Storage of products

1. If the products are offered on the agreed delivery date but are not accepted, except if the products are faulty, the entrepreneur will make a second delivery within a reasonable period. After refusal or after a second delivery, the entrepreneur may charge storage costs and further demonstrable damage and reasonable costs.

2. If the second delivery is also not accepted, the entrepreneur may:
a. demand fulfillment of the agreement and charge storage costs and further demonstrable damage and reasonable costs or;
b. consider the agreement canceled in accordance with the arrangement in Article 12. In addition to cancellation costs, the entrepreneur may also charge storage costs.

3. If the products have been paid for by the customer, the entrepreneur will store the products for a maximum of 3 months, subject to the calculation of reasonable internal or external storage costs. In doing so, the entrepreneur takes into account the sales value of the products and the duration of the storage period, unless other agreements have been made about this. If the customer still does not take delivery after 3 months, the agreement will be considered canceled and the entrepreneur may, in addition to the cancellation fee referred to in Article 12, charge reasonable storage costs. He must inform the customer in writing that he intends to do so.

4. The risk of fire and damage during storage is covered by insurance at the entrepreneur's expense in the case of a consumer purchase.

ARTICLE 10 • Transport and damage upon delivery

1. The transport of the products is included in the price, except for take-away items or if something else has been agreed. The entrepreneur bears the risk of damage and loss during transport. If the products are delivered by a professional carrier, the entrepreneur will take care of proper insurance.

2. If damage is found upon delivery, the customer must state this on the proof of delivery. If there is no opportunity to detect any damage upon delivery, the customer will note this on the proof of delivery. It is advisable to report visible damage to the entrepreneur within 2 working days at the latest.

3. If the buyer arranges the transport himself, he must check as much as possible after delivery but before transport whether the products are undamaged and complete.

ARTICLE 11 • Payment of the purchase price

Buy and sell

1. The general payment condition is payment upon delivery (cash or debit card payment), even if contracting work (services) is included in the agreement. The customer may also ensure that the amount has already been credited to the entrepreneur's bank account before delivery.

2. It is allowed by law to agree on a different payment condition, but it is legally prohibited to offer a consumer only payment in advance of the (remaining) purchase price as a payment condition.

3. The entrepreneur who delivers in parts may request payment for the delivered part with each partial delivery. The customer receives a partial invoice for each partial delivery.

Contracting of work (services)

4. When contracting work (exclusively services and possibly small parts), the parties agree in writing that payment will be made in installments proportional to the progress of the work. This takes into account the maximum down payment percentages for consumers (see Article 5 paragraph 2). If no specific agreements are made about this, the following payment conditions apply:

  • when issuing the command 25% resp. 15% of the agreed sum depending on the maximum down payment percentage of Article 5 paragraph 2
  • proportional to the progress of the work, up to 60% of the agreed sum
  • immediately after delivery to 90% of the agreed sum and
  • within 14 days after delivery the remaining percentage.

The customer always receives a partial invoice for this.

Payment term invoices

5. Payment of an invoice or partial invoice takes place no later than 14 days after receipt, unless agreed otherwise.

Late payment

6. If the customer does not pay on time, he will be in default according to the law without notice of default. Nevertheless, after the payment term has expired, the entrepreneur sends a payment reminder in which he informs the customer of his default. The entrepreneur gives him the opportunity to pay within 14 days after receipt of the payment reminder and points out the consequences if he does not do so.

7. After this further term, the entrepreneur may collect the amount due without further notice of default. The associated (collection) costs are for the account of the customer. These costs are limited to a maximum percentage of the principal sum permitted by law and regulations.

8. The entrepreneur may charge consumers statutory interest if payment has still not been made after the term of paragraph 5. The interest may be calculated from the period referred to in paragraph 4 until everything has been paid. In the case of a business customer, the entrepreneur may charge statutory commercial interest after the period referred to in paragraph 5.

Suspension of payment obligation

9. In the event of complaints, the customer may only withhold that part of the invoice that is in proportion to the content and seriousness of the complaint. The entrepreneur may not collect this part of his invoice if there are justified complaints. The other part of the purchase/contract price must be paid by the customer within the payment term.

10. If payment in installments has been agreed for only contracting work and the entrepreneur does not continue the work, the customer may suspend payment of the installment. Previously sent partial invoices must be paid by the customer within the payment term.

ARTICLE 12 • Cancellation

1. If the customer cancels, he owes compensation. This is based on lost income by the entrepreneur. The compensation is made up of the gross profit margin (fixed and variable costs, profit mark-up), less variable costs not incurred, such as delivery costs. The compensation amounts to 30% of the purchase/contract price, unless the parties have agreed otherwise. This is 50% if the customer cancels while he has already been informed that the (partial) delivery can take place. The percentages mentioned are based on industry averages.

2. The percentages referred to in paragraph 1 are fixed, unless the entrepreneur can prove that his damage is greater or the customer can make it plausible that the damage is smaller.

3. A cancellation preferably takes place in writing. In the event of a verbal cancellation, the entrepreneur will confirm this in writing.

4. When buying a kitchen, a consumer can cancel in writing within 2 days, starting the day after the sale has been concluded, against a fixed percentage of 5% of the purchase price with a minimum of € 500. If the consumer does not have an e-mail address of the entrepreneur, he can also cancel by registered letter. He then proves via the dated proof of dispatch that the letter was sent within 2 days.

5. The consumer does not have to pay cancellation costs in the case of an off-premises or distance contract if he makes use of the right of withdrawal as laid down by law and in Article 18 D for this sales method.

6. In the event of an unfair commercial practice as referred to in the Unfair Commercial Practices Act, a consumer can dissolve the agreement without costs. The consumer must prove that this has been the case.

ARTICLE 13 • Extra costs, additional work and/or less work

Costs that arise because the customer has failed to enable the performance or continuation of the work will be borne by the customer. Additional work and/or less work will be settled in fairness. Additional work is understood to mean, among other things: all work and deliveries not included in the agreement and which are required by the customer. Less work is understood to mean: the part of the agreement that is not performed with the consent of both parties. Surfaces that cannot be floored, e.g. columns and recesses and cutting loss, are not less work. At the request of the customer, the entrepreneur leaves remnants with the customer.

ARTICLE 14 • Impracticability of the agreement due to force majeure

1. If fulfillment of the agreement is temporarily impossible due to a cause that cannot be attributed to one of the parties, the other party will be released from its obligations for that period.

2. If compliance with the agreement is wholly or partly permanently impossible for one of the parties due to a cause that cannot be attributed to it, both parties will make every reasonable effort to still perform the agreement. The parties will discuss this. If the parties cannot reach an agreement, they have the right to dissolve the agreement in whole or in part, respectively, against payment to the other party of the costs reasonably incurred and to be incurred.

ARTICLE 15 • Conformity and guarantee

1. The delivered product must have those properties that the consumer may expect under normal use under the agreement (conformity). This also applies to special use if this has been agreed by the parties when concluding the agreement. If this expectation is not met, the consumer is entitled to repair or replacement, dissolution and/or price reduction.

2. The entrepreneur gives a full 2-year guarantee on the delivered products, in addition to the legal obligations of paragraph 1. The parties can also agree otherwise in writing. The 2-year warranty does not apply to defects related to use by the customer that does not correspond to the destination. In the case of a consumer purchase, the entrepreneur makes this plausible. The entrepreneur bears the costs of repair resp. replacement, incl. freight and call-out costs; If the defect can be properly repaired, the entrepreneur does not have to replace the product. If the customer has moved abroad, freight and call-out costs will be reimbursed on the basis of the original delivery address.

3. According to the law, the customer must prevent or limit his damage as much as possible.

4. Even after the two-year guarantee in paragraph 2 has expired, a consumer may still have rights under the law (as described in paragraph 1). The entrepreneur cannot then invoke the expiration of this guarantee.

5. The obligations of the entrepreneur with regard to conformity and guarantee of paragraphs 1 and 2 do not fall under the down payment arrangement referred to in Article 19. In the event of bankruptcy/suspension of payment/statutory debt restructuring of the entrepreneur, the customer can report as a creditor to the receiver/administrator.

6. If the manufacturer of the products gives a further guarantee to the entrepreneur, this guarantee also applies to the customer.

7. Warranty provisions are only valid for the use corresponding to the destination, of the delivered products or of the work performed, or in the case of special use if this has been agreed.

8. The customer must behave as a good customer. This means, for example, that the product is properly and adequately maintained and treated.

9. Deviations in colour, wear resistance, structure, etc. can limit or exclude the right to warranty and/or compensation. This is the case if the deviations are acceptable from a professional point of view according to applicable, customary standards or trade usage.

10. Excluded from the warranty in paragraph 2 are: (disposable) batteries, replaceable light sources, home accessories and normal wear and tear.

ARTICLE 16 • Liability

The entrepreneur is not liable for damage due to causes that he was not aware of or should have been aware of, except if he is liable according to the law or if otherwise agreed between the parties. Those causes can be, for example:

  • the occurrence of shrinkage seams and/or hairline cracks as a result of the gradual loss of building moisture after new construction or renovation;
  • the development of discolorations, shrinkage seams and/or hairline cracks due to the direct effect of heat sources such as the sun, central heating pipes and fireplaces;
  • a humidity percentage that is too high or too low in the relevant room and surrounding rooms or an extreme change therein;
  • an incorrect composition of the intermediate and/or subfloor, if and insofar as this was not installed by the entrepreneur, or an insufficiently flat subfloor, if it was not installed by the entrepreneur. Before the start of the work, the entrepreneur reports the insufficient levelness to the customer;
  • the floor not being permanently dry, provided that the entrepreneur has measured the humidity level of the floors in advance and the result thereof was sufficient.

ARTICLE 17 • Complaints and damage

1. Complaints about the implementation of the agreement or damage to customer property caused by the entrepreneur must be submitted fully and clearly described to the entrepreneur. This should preferably be done in writing and in any case in a timely manner.

2. If, upon delivery, there is no opportunity to observe and/or report complaints and damage to the goods delivered or to the customer's property, the customer must report complaints or damage in writing as soon as possible afterwards, preferably within two working days after discovery. If no notification has been received by the entrepreneur within 14 days after delivery, it is assumed that the products have been delivered undamaged and/or that no damage has been caused by the entrepreneur.

3. In the event of damage, the customer will give the entrepreneur the opportunity to inspect and value the damage by or on behalf of him for the benefit of his liability insurance. The customer also cooperates with repairs by or on behalf of the entrepreneur.

4. Complaints that only arise after delivery in use will be reported as soon as possible after arising - at the latest within two months after discovery - preferably in writing.

5. Failure to submit the complaint in time may result in the customer losing his rights in this area.

6. To submit a dispute to the dispute settlement procedure, the conditions in Article 20, paragraphs 2 and 3, must be met.

ARTICLE 18 • Distance Agreements and Off-premises Agreements

A – The Agreement

1. If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt thereof electronically. As long as this has not yet happened, the consumer can dissolve the agreement.

2. 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 safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

3. If permitted by law, the entrepreneur may investigate whether the consumer can meet his payment obligations and whether there are circumstances that are important for a responsible conclusion of the agreement. If this gives a good reason not to enter into the agreement, the entrepreneur may refuse an order or request, stating reasons, or set special conditions.

4. The entrepreneur will send the following information no later than upon delivery of the product and/or service:
a. the visiting address of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about warranties and existing after-sales service;
d. the price of the product or service including taxes, any delivery costs and the method of payment, delivery or performance of the agreement;
st. if the consumer has a right of withdrawal, the model form for withdrawal. This information must be able to be stored and consulted by the consumer.

B – Right of withdrawal

1. The consumer can dissolve an agreement regarding the purchase of a product – whether or not combined with a service – during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to give it.

2. The cooling-off period referred to in paragraph 1 starts on the day after the product has been received by or at the request of the consumer has received the product on his behalf. In the case of several partial deliveries from one order, the cooling-off period starts on the day on which the last partial delivery is received by or on behalf of the consumer.

3. For services only, the cooling-off period referred to in paragraph 1 commences on the day after the conclusion of the agreement. Extended reflection period for products and services if you do not inform about the right of withdrawal:

4. If the entrepreneur has not provided the legally required information about the right of withdrawal or the model form for withdrawal, the reflection period will expire 12 months after the end of the reflection period set out in paragraph B.

5. As soon as the entrepreneur provides the information referred to in paragraph 4, the cooling-off period will expire 14 days after the day on which the consumer has received that information.

C – Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product in such a way as is necessary to determine the nature, characteristics and operation of the product. The consumer may handle and inspect the product as he would be allowed to do in a shop.

2. If the consumer goes further than described in paragraph C1, he is liable for any reduction in value of the product.

3. The consumer is not liable for any reduction in the value of the product if the entrepreneur has not provided him with the mandatory information about the right of withdrawal before or at the conclusion of the agreement.

D – Exercising the right of withdrawal by the consumer and costs thereof

1. If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period via the model withdrawal form or in another unambiguous manner.

2. As soon as possible, but within 14 days from the day after this notification, the consumer will return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has returned on time if he returns the product before the cooling-off period has expired.

3. The consumer returns the product with all accessories supplied, as much as possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

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

5. The consumer bears the direct costs of returning the product in the case of a distance contract, except:
a. if the entrepreneur has not reported that the consumer must bear these costs; or
b. if the entrepreneur indicates that he will bear the costs himself. In the case of an agreement concluded outside the sales area, the entrepreneur bears the return costs of the product.

6. If the consumer revokes after first expressly requesting that the performance of the service be started during the cooling-off period, the consumer will pay for the work performed until the moment of withdrawal.

7. The consumer bears no costs for the performance of services if:
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model form for withdrawal; or
b. the consumer has not expressly requested that the service be started.

8. In the event of withdrawal, all additional agreements will be dissolved.

E – Obligations of the entrepreneur upon withdrawal

1. If the entrepreneur makes withdrawal by the consumer possible electronically, he will immediately send a confirmation of receipt after receipt.

2. The entrepreneur will reimburse all payments made by the consumer, including calculated delivery costs, no later than 14 days after the day of the withdrawal. He may wait with paying back until he has received the product, except if the entrepreneur collects the product himself or if the consumer demonstrates that he has returned the product.

3. The entrepreneur uses the same means of payment for reimbursement as the consumer has used, unless agreed otherwise. The refund is free of charge for the consumer.

4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the extra costs for the more expensive method.

F – Exclusion of right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, if he has clearly stated this in the offer in good time before concluding the agreement:

1. Service agreements, after full performance of the service, but only if:
a. the performance has begun with the express prior consent of the consumer; and
b. the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully executed the agreement.

2. Products manufactured according to consumer specifications, which are not prefabricated and which are made on the basis of an individual consumer choice or decision, or which are clearly intended for a specific person.

3. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery.

4. Products that are irrevocably mixed with other products after delivery due to their nature.

ARTICLE 19 • Down payment arrangement

(Extensive information about the scheme can be found at www.cbw-erkend.nl) These schemes only apply to an agreement in the field of home furnishing, concluded in a physical store or outside the sales area (e.g. at the consumer's home, on the street or some stock exchanges). The regulation does not apply to distance contracts, e.g. in a web shop. The scheme applies if the consumer is not provided with a product and/or service in the event of bankruptcy/moratorium/statutory debt rescheduling of the entrepreneur, even though he has made a down payment. This arrangement means that the consumer can conclude a replacement agreement with another CBW-approved home furnishing store. The down payment is deducted from the price by and for the account of this CBW-approved home furnishing store. No money will be refunded.

1
. The scheme has the following conditions:
a. The consumer submits a written appeal to the down payment scheme to the SG CBW. You can do this via www.cbw-erkend.nl. This appeal must be received by SG CBW no later than three months after the bankruptcy/suspension of payment/statutory debt restructuring has been declared and the trustee has provided the evidence referred to in paragraph 1b.
b. The consumer will in any case submit a copy of the agreement, proof of payment and a copy of the notice from the receiver/administrator that the agreement will not be performed and that the deposit will not be refunded.
c. The consumer is obliged to transfer his claim against the original entrepreneur (up to the maximum down payment percentage in Article 5 paragraph 2) to the SG CBW.

2. The SG CBW will let you know within two months of receipt whether the appeal is justified. If so, the SG CBW will provide written proof with which the consumer can conclude a replacement agreement. A list of entrepreneurs, as far as possible in the same (price) segment, can be viewed at www.cbwerkend.nl. It also explains how this list is compiled. The consumer can make suggestions to SG CBW.

3. The following rules apply when concluding the replacement agreement:
a. The consumer immediately hands over the proof of the SG CBW referred to in paragraph 2 to the entrepreneur with whom the replacement agreement is concluded.
b. The consumer concludes the replacement agreement within six months after receipt of the proof.
c. The consumer's down payment will be deducted from the new price, but not more than 25 or 15% from the original price and not more than 25 or 15% from the new price if it is lower than the original price (for calculation examples: see www.cbw-erkend .NL). The percentage of 15% applies to:

  • kitchen/bathroom (parts) and sanitary products and/or work to be performed in connection therewith;
  • parquet, solid wood floorboards, stair renovation, marmoleum, PVC, natural stone, gravel, (gravel) tile, cast, concrete, concrete look, cork and laminate floors and/or work to be performed in connection with these products.
  • any other product groups and/or services, if they are listed on www.cbw-erkend.nl.

d. The entrepreneur mentioned on the list cooperates in concluding replacement agreements. He may only refuse a replacement agreement if he can make it plausible to SG CBW that this is unreasonable in his case.
st. The entrepreneur with whom the consumer wants to conclude a replacement agreement will maintain his own normal sales price. That does not have to be the same price as the original entrepreneur used. The scheme is therefore not a price guarantee. Special promotional, clearance or offer items may not be included in the offer.

4. Not covered by the down payment scheme:

  • distance contracts;
  • agreements with corporate buyers;
  • the product warranty referred to in Article 15;
  • concluding a replacement agreement without review by SG CBW (see paragraphs 1 and 2);
  • the excess above the stated percentages.

Nor can the scheme be invoked if the receiver ensures that he or another party can perform the original agreement under the same conditions.

ARTICLE 20 • Dispute resolution

1. Disputes between consumer and entrepreneur about the conclusion or implementation of agreements with a minimum (purchase) sum of € 250 can be brought before the Stichting UitspraakZaak.nl by both the consumer and the entrepreneur. You can read how this works and how a dispute can be brought before the court at www.cbw-erkend.nl or www.uitdictzaak.nl.

2. The consumer must first report his complaint to the entrepreneur. The entrepreneur must be given the opportunity to:

  • respond to the complaint and;
  • acknowledge or reject the complaint and;
  • resolve a recognized complaint. The term for resolution is set at 6 weeks, unless the entrepreneur has indicated another reasonable term that is necessary to resolve the complaint, in which case the term communicated by the entrepreneur applies.

3. If the entrepreneur has made an offer to resolve the complaint and the consumer does not agree, the consumer must demonstrably reject this offer. If the offer is rejected by the consumer, the entrepreneur has another two weeks to make an adjusted proposal. If the consumer does not agree, he demonstrably rejects the proposal before the dispute can be dealt with.

4. If the provisions of paragraphs 2 and 3 are not met, the dispute cannot be dealt with.

5. The consumer can submit the dispute to the arbitrator up to 12 months after submitting his complaint to the entrepreneur, unless the parties agree otherwise.

6. If the consumer submits a dispute to the arbitrator, the entrepreneur is bound by this choice.

7. If the entrepreneur wants a dispute to be dealt with by the arbitrator, he must act as stipulated in the regulations of the dispute settlement procedure. If the consumer does not want to cooperate, the entrepreneur is free to bring the dispute before the court.

8. The Dispute can be resolved by the Dispute Settler by:

  • mediation by the dispute handler;
  • mediation by an expert;
  • a binding decision.

9. The rules of the arbitrator can be consulted at www.uitdictzaak.nl.

10. A fee is due for handling a dispute. The rates are stated on www.uitdictzaak.nl

11. Only the court or the adjudicator referred to above is authorized to take cognizance of disputes. For online purchases, a complaint may also be submitted to the European Online Dispute Resolution Platform (http://ec.europa.eu/odr).

12. Consumers living outside the Netherlands will themselves, and at their own expense, ensure that the defective product can be assessed by an expert at the arbitration board. If this is not possible, an expert report drawn up by an expert from a disputes committee recognized by the consumer's home country, translated into Dutch or English by a recognized interpreter/translator, will suffice.

13. In the situation where the consumer has paid (partially) and the entrepreneur does not deliver without a (legitimate) reason or has not been heard from about an agreed delivery, the dispute settler is only obliged to make an attempt at mediation, after which the treatment ends. The consumer will receive a refund of the complaint money if the mediation is not successful.

ARTICLE 21 • Compliance guarantee

1. The SG CBW guarantees compliance with a binding advice issued by the dispute panel or a settlement established by the mediation expert, except:

  • if the entrepreneur has submitted the binding advice to the court for review within 2 months of its date, unless the court upholds the binding advice and the entrepreneur does not appeal;
  • if there is a situation as described in Article 20 paragraph 13.

The consumer must make a written appeal to the SG CBW (via www.cbw-erkend.nl) within 3 months after the expiry of the period within which the entrepreneur had to comply with the binding advice or the settlement agreement.

2. After invoking the compliance guarantee, the SG CBW will always first give the entrepreneur the opportunity to comply. The consumer cooperates in this, even if the terms set by the arbitrator have already expired.

3. The SG CBW does not provide a compliance guarantee in the case of:
a. bankruptcy/suspension of payment/statutory debt restructuring of the entrepreneur;
b. actual termination of the entrepreneur's business activities. Decisive is the date on which the business termination is registered in the Trade Register, or an earlier date on which the SG CBW can make plausible the actual termination of the (sales) activities of the company.

4. If the arbitrator obliges an entrepreneur to pay an amount as well as to perform work, the work will first be carried out before payment is made, even if the binding advice states a different order.

5. If the binding advice obliges the entrepreneur to take back a product, the consumer must cooperate and give the entrepreneur the opportunity to take it back. Amounts to be refunded to the consumer only have to be paid after they have been taken back, even if the binding advice indicates a different order, unless the entrepreneur does not cooperate in complying with the binding advice.

6. The warranty is limited to:
a. € 10,000 per binding advice. The consumer transfers (assigns) his claim to SG CBW up to the amount of the amount paid. SG CBW will make every effort, as much as can reasonably be expected of it, to recover its claim and any remaining claim from the consumer, at no cost to the consumer, from the negligent participant. If the participant is taken to court, the consumer must, for practical reasons, also assign the excess to SG CBW; and
b. in the event of bankruptcy, suspension of payment, legal debt restructuring or actual termination of the (sales) activities of the company:

  • a maximum amount of €2,269 per dispute for kitchen, bathroom or sanitary facilities and related work or a maximum of €1,361 per dispute for other products/services; and
  • € 25,000 per participant for all claims on the performance guarantees together. After the expiry of the period within which the consumer can invoke the compliance guarantee, the SG CBW will pay out (the) well-founded appeal(s) on the compliance guarantee of the consumer(s). If the joint appeals exceed € 25,000, SG CBW will pay pro rata. The aim is to pay out within six weeks at the latest after the deadline for invoking the compliance guarantee has expired.

The last two sentences of paragraph 6 under a. also apply here.

ARTICLE 22 • Dutch law

All agreements to which these terms and conditions apply are subject to Dutch law. If the consumer is established in an EU country other than the Netherlands and the law in that EU country grants him more far-reaching rights, the entrepreneur will apply these rights.© Koninklijke INretail, Postbus 762, 3700 AT Zeist