TERMS AND CONDITIONS OF VAN MONTFORT LABS ONLINE BV

Below are the terms and conditions of Thuiswinkel, as well as a number of additional conditions that apply to orders placed with Van Montfort Labs Online BV. Trade association the Nederlandse Thuiswinkel Organisatie has consented to the use of these Terms and Conditions. These conditions have been compiled impartially and in consultation with the Consumentenbond (Consumers’ Association) within the context of the Coördinatiegroep Zelfreguleringsoverleg (CZ – Self-regulation Coordination Department) of the Sociaal-Economische Raad (Social and Economic Council) and have been in force since 1 June 2014.

SPECIAL CONDITIONS APPLICABLE TO VAN MONTFORT LABS ONLINE BV

A number of special conditions have been added to supplement the Terms and Conditions, including conditions applicable to purchase agreements concluded with Van Montfort Labs Online BV. In case of inconsistencies, these conditions will at all times prevail over the Terms and Conditions.

TERMS AND CONDITIONS (impartial, compiled by Thuiswinkel.org/1 June 2014)

Contents

ARTICLE 1 – DEFINITIONS IN THESE TERMS AND CONDITION, THE FOLLOWING IMPLY:

ARTICLE 2 – IDENTIFICATION OF THE OPERATOR

ARTICLE 3 – APPLICABILITY

ARTICLE 4 – THE OFFER

ARTICLE 5 – THE CONTRACT

ARTICLE 6 – RIGHT OF WITHDRAWAL

ARTICLE 7 – OBLIGATIONS OF THE CONSUMER DURING THE COOLING-OFF PERIOD

ARTICLE 8 – RIGHT OF WITHDRAWAL EXERCISED BY THE CONSUMER & RELATED COSTS

ARTICLE 9 – OBLIGATIONS OF THE OPERATOR IN CASE OF WITHDRAWAL

ARTICLE 10 – EXCLUSION OF RIGHT OF WITHDRAWAL

ARTICLE 11 – PRICE

ARTICLE 12 – FULFILMENT OF CONTRACT AND ADDITIONAL GUARANTEES

ARTICLE 13 – DELIVERY AND FULFILMENT

ARTICLE 14 – EXTENDED TRANSACTIONS: TERM, CANCELLATION AND EXTENSION

ARTICLE 15 – PAYMENT

ARTICLE 17 – DISPUTE SETTLEMENT

ARTICLE 18 – INDUSTRY GUARANTEE

ARTICLE 19 – SUPPLEMENTARY OR DEPARTING STIPULATIONS

ARTICLE 20 – AMENDMENTS TO THUISWINKEL TERMS AND CONDITIONS

ADDENDUM 1: WITHDRAWAL FORM

SPECIAL CONDITIONS APPLICABLE TO VAN MONTFORT LABS ONLINE BV.

ARTICLE 1 – DEFINITIONS

IN THESE TERMS AND CONDITIONS, THE FOLLOWING IMPLY:

  1. Consumer: a natural person not acting with objectives that involve business-, commercial-, trade- or professional activities;
  2. Cooling-off period: the period in which consumers can invoke their right of withdrawal;
  3. Day: calendar day;
  4. Digital content: data produced and supplied in digital form;
  5. Distance communication technology: resource that can be used to conclude a contract without a need for the consumer and operator to physically meet;
  6. Distance contract: a contract concluded between operator and consumer within the context of an organised system for the distance selling of products, digital content and/or services, according to which one or more technologies for distance communication are used exclusively or in part until conclusion of the contract;
  7. Extended contract: a contract that encompasses the periodic supply of products, services and/or digital content over a set period of time;
  8. Operator: the natural person or legal entity who/that is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers via distance selling;
  9. Permanent storage device: any resource – including email – that allows the consumer or operator to save information personally intended for them in a way that enables the future consultation or use throughout a period tailored to suit the intended goal of the information, and the unchanged reproduction of the saved information;
  10. Right of withdrawal: the option of the consumer to withdraw from the distance contract during the cooling-off period;
  11. Supplementary contract: a contract according to which a consumer obtains products, digital content and/or services on the basis of a distance contract and these products, digital content and/or services are supplied by the operator or by a third party in accordance with an agreement between the third party and the operator;
  12. Withdrawal form: the European withdrawal form attached to these terms and conditions in Addendum 1; Addendum 1 need not be made available if right of withdrawal does not apply to a consumer’s order.

ARTICLE 2 – IDENTIFICATION OF THE OPERATOR

Name of operator: Van Montfort Labs Online BV
trading as: Van Montfort Labs
Physical address:
Oxfordlaan 70, 6229 EV Maastricht, the Netherlands
Telephone number: +31 (0)43 20 50 155
Opening hours: Office hours Monday to Friday
Email address: [email protected]
Chamber of Commerce number: 68936710
VAT number: NL857655991B01

ARTICLE 3 – APPLICABILITY

  1. These terms and conditions apply to everything offered by the operator and to every distance contract concluded between operator and consumer.
  2. Prior to a distance contract being concluded, the text from these terms and conditions must be made available to the consumer. If this is not reasonably possible, the operator will – prior to conclusion of the distance contract – indicate how the consumer can access the terms and conditions, and state that these will be sent to the consumer free of charge as soon as possible upon request.
  3. If the contract is concluded at distance, the operator may depart from the previous clause before the distance contract is concluded by making these terms and conditions available electronically in such a way that they can easily be saved by the consumer to a permanent storage device. If this is not reasonably possible, the operator will – prior to conclusion of the distance contract – indicate how the consumer can electronically access the terms and conditions and that these will be sent electronically or otherwise to the consumer free of charge as soon as possible upon request.
  4. If, in addition to these terms and conditions, other product- or service conditions are applicable, the second and third clauses are similarly applicable. In case of conflicting conditions, the consumer can invoke the most favourable applicable clause.

ARTICLE 4 – THE OFFER

  1. If an offer has a limited term of validity or is subject to other conditions, this will be explicitly stated in the offer.
  2. The offer contains a comprehensive and detailed description of the products, digital content and/or services. This description will be detailed enough for the consumer to accurately assess the offer. If the operator uses images, these will be a true-to-life representation of the products, services and/or digital content on offer. Obvious miscalculations or obvious errors in the offer will not be binding to the operator.
  3. Every offer will contain information that will make clear to the consumer the rights and obligations associated with accepting the offer.

ARTICLE 5 – THE CONTRACT

  1. Subject to that which is stipulated in clause 4, the contract will be established when the consumer accepts the offer and the associated conditions are fulfilled.
  2. If the consumer has accepted the offer electronically, the operator will immediately confirm acceptance of the offer by electronic means. For as long as the operator has not confirmed acceptance, the contract can be annulled by the consumer.
  3. If the contract is established electronically, the operator will implement suitable technical and organisational measures to secure the electronic transfer of data and will provide a secure web environment. If the consumer is given electronic payment options, the operator will ensure that appropriate security measures are in place.
  4. The operator has the right to, within legal boundaries, determine whether the consumer can meet their payment obligations, as well as determine all the facts and factors that may influence a controlled conclusion of the distance contract. If, according to such investigations, the operator has good reason not to conclude the contract, the operator has the right to refuse an order or enquiry with provision of reason, or to make fulfilment subject to special conditions.
  5. The operator will, at the latest upon supply of the product, digital content or service, send the consumer the following information in writing or in such a way that it can easily be saved to a permanent storage device:
    a. the physical address of the premises of the operator, which the consumer can visit for the resolution of complaints;
    b. the conditions according to which, and the way in which, the consumer can invoke the right of withdrawal, or clear notification about exclusion of the right of withdrawal; information about warranties and available aftersales services;
    c. price including all taxes of the product, digital content or service; delivery charges if applicable, method of payment, delivery or fulfilment of the distance contract;
    d. requirements for cancellation of the contract if the contract has a term of more than one year or an indefinite term;
    e. the withdrawal form if the consumer has right of withdrawal.
  6. In case of extended transactions, the stipulation in the previous clause only applies to the first delivery.

ARTICLE 6 – RIGHT OF WITHDRAWAL

Products:

  1. A contract for the purchase of a product can be annulled by the consumer within a cooling-off period of at least 14 days without provision of reason. The operator can ask the consumer for withdrawal reasons, but the consumer will not be obligated to provide (a) reason(s).
  2. The cooling-off period stipulated in clause 1 will start on the day after the consumer – or a third party pre-appointed by the consumer, excluding the carrier – has received the product, or:
    a. if the consumer has ordered multiple products as part of one order: the date on which the consumer, or a third party appointed by the consumer, receives the final product. The operator may refuse an order for multiple products with different supply times, as long as the consumer has been clearly informed about this prior to the ordering process.
    b. if the supply of a product is made up of various batches or parts: the date on which the consumer, or a third party appointed by the consumer, receives the final batch or part.
    c. in case of contracts for the periodic supply of products over a specific term: the date on which the consumer, or a third party appointed by the consumer, receives the first product.

For services and digital content not supplied on a tangible storage device:

  1. The consumer can annul a service contract or a contract for the supply of digital content not supplied on a tangible storage device within at least 14 days without provision of reason. The operator can ask the consumer for withdrawal reasons, but the consumer will not be obligated to provide (a) reason(s).
  2. The cooling-off period stipulated in clause 3 will start on the date following conclusion of the contract.

Extended cooling-off period for products, services and digital content not supplied on a tangible storage device if the consumer has not been informed about the right of withdrawal:

  1. If the operator has not provided the consumer with the legally-required right of withdrawal information or the withdrawal form, the cooling-off period will run for twelve months following the end of the original cooling-off period as stipulated in the previous clauses of this article.
  2. If the operator provides the consumer with the information stipulated in the previous clause within twelve months of the original cooling-off period, the cooling-off period will end 14 days after the date on which the consumer receives the information.

ARTICLE 7 – OBLIGATIONS OF THE CONSUMER DURING THE COOLING-OFF PERIOD

  1. The consumer will handle the product and its packaging with care during the cooling-off period. The consumer will only unpack or use the product as is necessary to determine the nature, characteristics and performance of the product. The basic assumption is that the product will only be handled and inspected as would be permitted in a bricks-and-mortar shop.
  2. The consumer will only be held liable for product depreciation resulting from handling of the product that exceeds what is stipulated in clause 1.
  3. The consumer will not be held liable for product depreciation if the operator has not provided the consumer with all the legally-required right of withdrawal information before or at conclusion of the contract.

ARTICLE 8 – RIGHT OF WITHDRAWAL EXERCISED BY THE CONSUMER & RELATED COSTS

  1. If the consumer exercises the right of withdrawal, the consumer must notify the operator within the cooling-off period using the withdrawal form or another explicit method.
  2. The consumer must send back the product or hand it over to the operator (or the operator’s representative) as soon as possible, but within 14 days of the date of the notification stipulated in clause 1. This will not be necessary if the operator has offered to collect the product. The consumer will have, in any case, observed the return deadline if the product is sent in return before the cooling-off period has lapsed.
  3. The consumer will return the product along with all delivered accessories, in its original state and packaging if reasonably possible, and in accordance with reasonable and clear instructions provided by the operator.
  4. The risk and onus of proof for the correct and timely exercising of the right of withdrawal will rest with the consumer.
  5. The consumer will carry direct costs for return of the product. The consumer will not be required to carry costs for the return of the product if the operator has not informed the consumer that these costs must be carried by the consumer, or if the operator has opted to carry these costs.
  6. If the consumer withdraws after first explicitly requesting that the provision of services or the supply of gas, water or electricity – not sold in limited volumes or specific amounts – commences during the cooling-off period, the consumer will owe the operator an amount proportionate to the part of the commitment fulfilled by the operator at the time of withdrawal, relative to complete fulfilment of the commitment.
  7. The consumer will not be liable for payment of any costs related to the provision of services or the supply of gas, water or electricity – not sold in limited volumes or specific amounts – or the supply of district heating if:
    a. the operator has not provided the consumer with the legally-required information about the right of withdrawal, with information about refunds in case of withdrawal or with the withdrawal form, or;
    b. the consumer has not explicitly requested that the provision of services or the supply of gas, water or electricity – not sold in limited volumes or specific amounts – or the supply of district heating, commences during the cooling-off period.
  8. The consumer will not be liable for payment of any costs related to the full or partial supply of digital content not held on a tangible storage device if:
    a. the consumer has not, prior to supply, explicitly agreed to commencement of fulfilment of the contract before the end of the cooling-off period;
    b. the consumer has not acknowledged the lapse of the consumer’s right of withdrawal upon abovementioned agreement, or
    c. the operator has neglected to confirm this statement of intention by the consumer.
  9. Once the consumer exercises the right of withdrawal, all supplementary contracts will be legally void.

ARTICLE 9 – OBLIGATIONS OF THE OPERATOR IN CASE OF WITHDRAWAL

  1. If the operator has made electronic notification of withdrawal possible for the consumer, the operator will immediately send confirmation of receipt of such a notification.
  2. The operator will, without delay but within 14 days at most after the date on which the consumer sends notification of withdrawal, refund all payments made by the consumer, including possible delivery costs charged by the operator for the returned product. Unless the operator offers to collect the product, the operator may wait until arrival of the product or until the consumer provides proof of return, depending on which occurs sooner.
  3. For a refund, the operator will use the same payment method used by the consumer, unless the consumer agrees to a different method. The consumer will not be charged for the refund.
  4. If the consumer has selected a delivery method that is more expensive than the cheapest standard option, the operator will not be required to reimburse the additional costs related to the more expensive method.

ARTICLE 10 – EXCLUSION OF RIGHT OF WITHDRAWAL

  1. The operator has the right to exclude the following products and services from the right of withdrawal, but only if the operator has made this fact clear at the time of the offer or well before conclusion of the contract:
    a. Products or services, the price of which depends on financial market fluctuations over which the operator has no control and that may occur during the withdrawal period;
    b. Contracts concluded as part of a public auction. Public auction implies a sales method according to which products, digital content and/or services are offered by the operator to the consumer who is – or has the opportunity to be – present in person at an auction led by an auctioneer, and according to which successful bidders are obligated to purchase the products, digital content and/or services;
    c. Service contracts, following full completion of the service, but only if:
    i. fulfilment has commenced with explicit prior permission from the consumer; and ii. the consumer has acknowledged that the right of withdrawal of the consumer lapses once the operator has fulfilled the contract in full;
    d. Service contracts for provision of facilities, if the contract stipulates a specific date or period of fulfilment and the facility is not used for residential, goods shipment, vehicle hire or catering purposes;
    e. Contracts related to leisure activities, if the contract stipulates a specific date or term of fulfilment;
    f. Products manufactured according to consumer specifications, not prefabricated and manufactured on the basis of the consumer’s personal choice or decision, or clearly intended for a specific person;
    g. Products that quickly spoil or have a limited shelf life;
    h. Sealed products that, for health protection or hygiene reasons, are not suitable for return, and the seals of which have been broken following delivery;
    i. Products that, due to their nature, are irreversibly mixed with other products following delivery;
    j. Alcoholic drinks, the prices of which have been agreed upon conclusion of the contract, but which can only be supplied after 30 days, and the actual value of which depends on market fluctuations beyond the control of the operator;
    k. Sealed audio & video recordings and computer software, the seals of which have been broken following delivery;
    l. Newspapers, journals and magazines, with the exception of subscriptions to these;
    a. The supply of digital content not on a tangible storage device, but only if:
    b. fulfilment has commenced with explicit prior permission of the consumer; and
    c. the consumer has acknowledged the lapse of right of withdrawal.

ARTICLE 11 – PRICE

  1. The prices of the products and/or services will not be increased throughout the period of validity stipulated in the offer, with the exception of price changes resulting from changes to VAT rates.
  2. In departing from the stipulation in the previous clause, the operator can offer products, the prices of which depend on market fluctuations beyond the control of the operator, at variable prices. This dependency on market fluctuations and the fact that any possible prices are guide prices will be clearly indicated in the offer.
  3. Price increases within 3 months of establishment of the contract will only be permitted if they are the result of legal regulations or stipulations.
  4. Price increases 3 months after establishment of the contract will only be permitted if these are required by the operator and:
    a. are the result of legal regulations or stipulations; or
    b. the consumer has the right to annul the contract, effective from the date of the price increase.
  5. The prices stated in the product or service offer are inclusive of VAT.

ARTICLE 12 – FULFILMENT OF CONTRACT AND ADDITIONAL GUARANTEES

  1. The operator will guarantee that the products and/or services comply with the contract, with the specifications mentioned in the offer, with reasonable reliability and/or practical requirements and the legal stipulations and/or government guidelines valid on the date of establishment of the contract. If agreed as such, the operator will also guarantee that the product is suitable for purposes that exceed normal use.
  2. An additional guarantee issued by the operator or a supplier, manufacturer or importer associated with the operator will never prejudice the legal rights of the consumer, and claims that the consumer may lodge against the operator according to the contract, if the operator has failed in fulfilling its part of the contract.
  3. Additional guarantee implies any commitment by the operator or a supplier, manufacturer or importer associated with the operator according to which the consumer is awarded certain rights or claim rights that exceed legal obligations in case of failure on the part of the aforementioned to fulfil its part of the contract.

ARTICLE 13 – DELIVERY AND FULFILMENT

  1. The operator will apply the greatest possible precision when it comes to receiving and fulfilling product orders and evaluating requests for the provision of services.
  2. The delivery address is the address supplied by the consumer to the operator.
  3. Taking into account the stipulations in article 4 of these terms and conditions, the operator will fulfil accepted orders with efficient speed or within 30 days at most, unless a different delivery period has been agreed. If a shipment is delayed or if an order cannot be fulfilled or can only be fulfilled in part, the consumer will be notified about this within 30 days of placing the order. In such cases the consumer will have the right to annul the contract without incurring any costs.
  4. Following annulment in accordance with the previous clause, the operator will refund the amount paid by the consumer without delay.
  5. The risk of damage to and/or loss of the products will be borne by the operator until the time of delivery to the consumer or to a pre-appointed representative of the consumer revealed to the operator, unless explicitly agreed otherwise.

ARTICLE 14 – EXTENDED TRANSACTIONS: TERM, CANCELLATION AND EXTENSION

Cancellation:

  1. The consumer can, at any time, cancel a contract concluded for an indefinite period that encompasses the regular supply of products (electricity included) or services, taking into account the appropriate cancellation terms and a notice period of one month at most.
  2. The consumer can, at any time before the end of a defined period, cancel a contract concluded for a defined period that encompasses the regular supply of products (electricity included) or services, taking into account the appropriate cancellation terms and a notice period of one month at most.
  3. In terms of the contracts stipulated in the previous clauses, the consumer can:
    a. cancel at any time without being limited to a certain time or specific period;
    b. in all cases cancel the contract in the same way it was concluded;
    c. in all cases cancel the contract with the same notice period as applied by the operator.

Extension:

4. A contract concluded for a defined period and which encompasses the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a defined period.

5. In departing from the previous clause, a contract concluded for a defined period and which encompasses the regular delivery of daily- & weekly publications, newspapers and magazines can be automatically extended for a defined period of three months at most, as long as the consumer can cancel such an extended contract by the end of the extended term with a notice period of one month at most.

6. A contract concluded for a defined period and which encompasses the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can cancel at any time with a notice period of one month at most. A notice period of three months at most applies if the contract encompasses the regular, but less frequent than monthly, delivery of daily- & weekly publications, newspapers and magazines.

7. A contract concluded for a defined period and which encompasses the regular delivery of introductory daily- & weekly publications, newspapers and magazines (trial or introductory subscriptions) will not automatically continue and will automatically stop at the end of the trial or introductory period.

Term:

8. If a contract has a term of more than one year, the consumer may – after one year – cancel the contract at any time with a notice period of one month at most, unless reasonable and fair factors oppose cancellation before the end of the agreed term.

ARTICLE 15 – PAYMENT

  1. Unless otherwise stipulated in the contract or supplementary conditions, amounts owed by the consumer must be paid within 14 days of commencement of the cooling-off period, or – in case of no cooling-off period – within 14 days of conclusion of the contract. If a contract involves service provision, this term will commence on the day after confirmation of contract has been received by the consumer.
  2. When it comes to the sale of products to consumers, terms and conditions can never obligate the consumer to pay more than 50% in advance. If payment in advance has been agreed upon, the consumer cannot derive any rights associated with the fulfilment of the order or service(s) in question before advance payment has been made.
  3. It is the duty of the consumer to notify the operator without delay about errors in supplied or recorded payment details.
  4. If the consumer does not meet the consumer’s payment obligation(s) in good time, and has been informed by the operator about late payment and granted an additional 14 days to complete payment, yet has still not made payment after this 14-day period, interest on the owed amount at the statutory rate will be payable by the consumer and the operator will have the right to charge extrajudicial debt collection fees. These fees will be capped as follows: 15% on outstanding amounts of up to €2,500; 10% on the next €2,500 and 5% on the next €5,000, with a minimum charge of €40. The operator may depart from the aforementioned amounts and percentages in favour of the consumer.

ARTICLE 16 – COMPLAINTS PROCEDURE

  1. The operator applies an adequately publicised complaints procedure and will handle complaints in accordance with this complaints procedure.
  2. Complaints about failure to fulfil the contract must be submitted to the operator by the consumer, in full and clearly described, as soon as possible following observance of the failure.
  3. Complaints submitted to the operator will be addressed within a period of 14 days following the date of receipt. If a complaint requires a foreseeably longer processing period, the operator will confirm receipt within 14 days and indicate when the consumer can expect a more comprehensive answer.
  4. Complaints about the operator’s products or services can also be submitted using the complaints form available on the consumer’s page on the Thuiswinkel.org website at www.thuiswinkel.org. Such complaints will be forwarded to the operator in question as well as to Thuiswinkel.org.
  5. The consumer must, in all cases, grant the operator a period of 4 weeks in which to resolve the complaint through mutual negotiation. After this period, the complaint will become a dispute that will be subject to the dispute settlement procedure.

ARTICLE 17 – DISPUTE SETTLEMENT

  1. The law of the Netherlands exclusively applies to contracts, governed by these terms and conditions, which are concluded between the operator and the consumer.
  2. Disputes between the consumer and the operator about the establishment or fulfilment of contracts related to products and services supplied – or to be supplied – by this operator can, taking the upcoming clause into account, be submitted to the Geschillencommissie Thuiswinkel (Consumer Complaints Board), PO Box 90600, 2509 LP, The Hague, the Netherlands (www.sgc.nl).
  3. Disputes will only be addressed by the Complaints Board if the consumer has first submitted the complaint to the operator within a reasonable length of time.
  4. If no resolution can be achieved, the dispute must be brought before the Complaints Board in writing or in a different form as defined by the Board, within 12 months of the date on which the consumer submitted the complaint to the operator.
  5. If the consumer wishes to submit a dispute to the Complaints Board, the operator will be obligated to agree with this choice. The consumer should preferably notify the operator about this choice in advance.
  6. If the operator wishes to submit a dispute to the Complaints Board, the consumer must indicate in writing, within five weeks of receipt of a request as such by the operator, whether the consumer agrees with the dispute being handled by the Complaints Board or would prefer to submit it to the authorisedIf the operator does not learn of the decision of the consumer within this period of five weeks, the operator will have the right to submit the dispute to the authorised court.
  7. The Complaints Board will reach its verdict on the basis of the conditions as recorded in the code of the Complaints Board (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). Verdicts reached by the Complaints Board are handed down in the form of a binding advice.
  8. The Complaints Board will not handle a dispute – or will halt proceedings – if the operator has been granted suspension of payment, enters a state of insolvency or has effectively ceased trading before an ongoing dispute has been examined by the board and a final verdict reached.
  9. If, in addition to the Thuiswinkel Consumer Complaints Board, a different complaints commission – recognised or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC: Foundation for Consumer Affairs) or the Klachteninstituut Financiële Dienstverlening (Kifid: Financial Service Complaints Tribunal) – has authority, the Thuiswinkel Consumer Complaints Board will have preference when it comes to disputes that mainly involve the method of sale or distance service provision. The other recognised or SGC- or Kifid-affiliated commissions will have preference for all other disputes.

ARTICLE 18 – INDUSTRY GUARANTEE

  1. org guarantees that the legal recommendations issued by the Thuiswinkel Consumer Complaints Board will be observed by its members, unless a member decides to appeal to the court against the legal recommendation within two months of it being issued. This guarantee will reactivate if, following court appeal, the legal recommendation is upheld by the court and the resulting verdict is deemed final. A maximum amount of €10,000 per binding advice will be paid by Thuiswinkel.org to the consumer. In case of amounts in excess of €10,000 per binding advice, the payment amount will be €10,000. For any amount above this figure, Thuiswinkel.org has a duty to make every effort to ensure that its members observe the binding advice.
  2. To apply this guarantee, the consumer must engage Thuiswinkel.org in writing and transfer the claim in question to Thuiswinkel.org. If the claim against the operator exceeds €10,000, the consumer will be offered the option to transfer the claim amount in excess of €10,000 to Thuiswinkel.org, after which this organisation will pursue payment of the amount to the consumer in its own name and at its own cost.

ARTICLE 19 – SUPPLEMENTARY OR DEPARTING STIPULATIONS

Stipulations that supplement or depart from these terms and conditions may not prejudice the consumer and must be recorded in writing or in such a way that they can easily be saved to a permanent storage device by the consumer.

ARTICLE 20 – AMENDMENTS TO THUISWINKEL TERMS AND CONDITIONS

  1. org will not amend these terms and conditions without consulting the Consumentenbond (Consumers’ Association).
  2. Amendments to these terms and conditions will only take effect once appropriately publicised and with the understanding that, in case of amendments applicable during the term of an offer, the stipulations that most favour the consumer will prevail.

 

ADDENDUM 1: WITHDRAWAL FORM

Withdrawal form template
(this form must only be completed and returned if you intend to withdraw from the contract)

Name of operator: Van Montfort Labs Online BV
trading as: Van Montfort Labs
Physical address:
Oxfordlaan 70, 6229 EV Maastricht, the Netherlands
Telephone number: +31 (0)43 20 50 155
Opening hours: Office hours Monday to Friday
Email address: [email protected]
Chamber of Commerce number: 68936710
VAT number: NL857655991B01
To:      Van Montfort Labs Online BV PO Box

……… Maastricht

With regards to the sale of the following:

 

product [specify product]*

digital content [specify digital content]*

service [specify service]*

 

I/we* hereby inform you of my/our* intention to withdraw from the contract.

Ordered on*/received on* [service order date or product receipt date]

[Name of consumer(s)]

[Address of consumer(s)]

[Signature of consumer(s) (only if submitted in hardcopy)]

*Please cross out what does not apply and enter relevant information.

SPECIAL CONDITIONS APPLICABLE TO VAN MONTFORT LABS ONLINE BV

A number of special conditions have been added to supplement the Terms and Conditions, including conditions applicable to purchase agreements concluded with Van Montfort Labs Online BV. In case of inconsistencies, these conditions will at all times prevail over the Terms and Conditions.

  1. Van Montfort Labs Online BV is not a member of the Thuiswinkel Organisation, so articles 17 and 18 of these terms and conditions do not apply, while customary legal regulations apply to the definition of legal authority.
  2. Sales contracts are concluded with the registered office in Maastricht.