General Terms and Conditions Camping Cocooning

General Terms and Conditions Stichting Webshop Keurmerk

Last update general terms and conditions: 11-04-2024

These General Terms and Conditions of the Webshop Keurmerk Foundation have been established in consultation with the Consumers' Association within the framework of the Coordination Group Self-Regulation Consultation (CZ) of the Social and Economic Council and come into effect on June 1, 2014.

These General Terms and Conditions shall be used by all members of the Stichting Webshop Keurmerk except for financial services as referred to in the Financial Supervision Act and insofar as 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 - Exercise of 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 - Performance and additional warranty Article 13 - Delivery and execution

Article 14 - Duration transactions: duration, termination and extension Article 15 - Payment

Article 16 - Complaints Procedure Article 17 - Disputes Article 18 - Industry Guarantee

Article 19 - Additional or deviating provisions

Article 20 - Amendment of the general terms and conditions Stichting Webshop Keurmerk

Article 1 - Definitions

In these terms and conditions, the following is understood as:

Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft, or professional activity;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration agreement: an agreement aimed at the regular supply of goods, services and/or digital content over a certain period;
Sustainable data carrier: any tool – including email – that enables the consumer or entrepreneur to store information addressed to them personally, in a way that allows future consultation or use for a period aligned with the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
Right of withdrawal: the consumer's ability to cancel the distance contract within the reflection period;
Entrepreneur: the natural or legal person who is a member of the Webshop Quality Mark Foundation and offers products, (access to) digital content and/or services remotely to consumers;
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for the remote sale of products, digital content and/or services, whereby up to and including the conclusion of the contract, one or more techniques for remote communication are used exclusively or jointly;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms;
Technology for remote communication: means that can be used for concluding an agreement, without the consumer and entrepreneur needing to be present in the same space at the same time;

Article 2 – Identity of the entrepreneur

Camping Cocooning bv

Beemdenstraat 7

2340 Beerse

Belgium

0032 456 81 29 50 reachable from Monday to Saturday from 09:00 to 17:00 hours

E-mail: contact@campingcocooning.com

Chamber of Commerce number: 1005.661.653

VAT identification number; BE1005.661.653

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be inspected at the entrepreneur and that they will be provided free of charge as soon as possible upon the consumer's request
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
In the event that specific product or service conditions also apply alongside these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in case of conflicting conditions.

Article 4 – The offer

If an offer has a limited validity period or is made under conditions, this is explicitly stated in the offer
The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow 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 obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions attached thereto.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can cancel the agreement
If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose
The entrepreneur can, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the contract, they are entitled to refuse an order or request with motivation or to attach special conditions to the execution
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions attached thereto.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can cancel the agreement
If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose
The entrepreneur can, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the contract, they are entitled to refuse an order or request with motivation or to attach special conditions to the execution
The entrepreneur shall provide the following information to the consumer no later than upon delivery of the product, service, or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
1. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
2. the 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;
3. the information about warranties and existing service after purchase;
4. the price including all taxes of the product, service or digital content; where applicable the delivery costs; and the method of payment, delivery or performance of the distance contract;
5. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
6. if the consumer has a right of withdrawal, the model form for
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

The consumer can cancel an agreement regarding the purchase of a product within a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for cancellation, but may not oblige them to provide their reason(s).
The cooling-off period referred to in paragraph 1 begins 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:
1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer about this prior to the ordering process, deliver an order of multiple products with different delivery times
2. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
3. in agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, received the first product.

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

The consumer can cancel a service agreement and an agreement for the supply of digital content not supplied on a tangible medium within at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not require the consumer to state their reason(s)
The cooling-off period mentioned in paragraph 3 begins on the day following the conclusion of the agreement.

Extended reflection period for products, services, and digital content not supplied on a tangible medium if the right of withdrawal is not communicated:

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.
If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the reflection period

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

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

If the consumer exercises their right of withdrawal, they notify this within the reflection period by means of the model withdrawal form or in another unambiguous manner to the entrepreneur.
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 is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has in any case observed the return period if they return the product before the reflection period ends.
The consumer returns the product with all supplied accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to pay the return shipping costs.
If the consumer withdraws after first expressly requesting that the performance of the service or the supply of gas, water, or electricity that has not been made ready for sale in a limited volume or specific quantity begins during the reflection period, the consumer owes the entrepreneur an amount proportional to the part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the
The consumer does not bear costs for the execution of services or the supply of water, gas, or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
1. the entrepreneur the consumer the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal or the model withdrawal form has not been provided, or;

the consumer has not explicitly requested the commencement of the performance of the service or the supply of gas, water, electricity, or district heating during the reflection period

The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
1. he has not explicitly agreed prior to its delivery to begin fulfilling the contract before the end of the reflection period;
2. he has not acknowledged losing his right of withdrawal upon giving his consent; or
3. the entrepreneur has failed to obtain this statement from the consumer
If the consumer exercises their right of withdrawal, all additional agreements are automatically terminated.

Article 9 – Obligations of the entrepreneur upon withdrawal

If the entrepreneur enables the consumer to make the withdrawal notification electronically, he shall send, immediately after receiving this notification,
The entrepreneur reimburses all payments from 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 notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer proves that he has sent the product back, whichever occurs earlier.
The entrepreneur uses the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs for the 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 the entrepreneur has clearly stated this in the offer, or at least in time before the conclusion of the contract:

Products or services whose price is tied to fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period
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 has the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
Service agreements, after full execution of the service, but only if:
1. the execution has begun with the explicit prior consent of the consumer; and
2. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
Service agreements for the provision of accommodation, where the agreement specifies a certain date or period of execution and other than for residential purposes, goods transport, car rental services, and catering;
Agreements regarding leisure activities, if a specific date or period for their execution is provided in the agreement;
According to specifications of consumer-manufactured products, which are not prefabricated and are manufactured based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that, by their nature, are irrevocably mixed with other products after delivery;
Alcoholic beverages for which the price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no control;
Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;

Newspapers, journals, or magazines, excluding subscriptions to these;
The supply of digital content other than on a tangible medium, but only if:
1. the execution has begun with the explicit prior consent of the consumer; and
2. the consumer has declared that he hereby loses his right of withdrawal.

Article 11 – The price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This susceptibility to fluctuations and the fact that any prices mentioned are indicative prices are stated in the offer
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
1. these are the result of legal regulations or provisions; or
2. the consumer has the authority to terminate the agreement as of the day on which the price increase
The prices mentioned in the range of products or services include VAT.

Article 12 – Performance of the agreement and additional warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal
An additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the
By additional warranty is meant any commitment by the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to in case they have failed to fulfill their part of the agreement.

Article 13 – Delivery and execution

The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for granting
The place of delivery is the address that the consumer has communicated to the entrepreneur.
Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due speed but no later than within 30 days, unless another delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
After termination in accordance with the previous paragraph, the entrepreneur shall promptly refund the amount paid by the consumer
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 known representative to the entrepreneur, unless explicitly agreed otherwise.

Article 14 – Duration transactions: duration, termination, and extension

Cancellation:

The consumer may terminate an agreement entered into for an indefinite period and aimed at the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer can terminate a fixed-term agreement that involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one
The consumer can the agreements mentioned in the previous paragraphs:
- terminate at any time and not be limited to termination at a specific time or within a certain 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 for themselves

Extension:

An agreement entered into for a fixed term and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed
By way of derogation from the previous paragraph, an agreement entered into for a fixed term and aimed at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, provided the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one
An agreement entered into for a fixed term and aimed at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of at most one The notice period is at most three months in the case the agreement is aimed at the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the occasional delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly renewed and automatically ends after the trial or

Duration:

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 reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

Unless otherwise specified in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or if there is no 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 begins on the day after the consumer has received the confirmation of the agreement
In the sale of products to consumers, the consumer may never be required in general terms and conditions to make an advance payment of more than 50%. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to immediately report inaccuracies in the provided or stated payment details to the entrepreneur
If the consumer does not fulfill his payment obligation(s) on time, after being notified by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, upon failure to pay within this 14-day period, the consumer owes statutory interest on 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% on outstanding amounts up to € 2,500; 10% on the next € 2,500; and 5% on the following € 5,000, with a minimum of € 40. The entrepreneur may deviate from the mentioned amounts and percentages in favor of the consumer.

Article 16 – Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

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.
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.
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 (http://keurmerk.info/Home/MisbruikOfKlacht) The complaint is then sent to both the relevant entrepreneur and the Webshop Quality Mark Foundation
If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after submitting the complaint, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
Disputes between the consumer and the entrepreneur regarding the formation or execution of agreements related to products and services to be delivered or delivered by this entrepreneur may, subject to the provisions below, be submitted by both the consumer and the entrepreneur to the Webshop Disputes Committee, P.O. Box 90600, 2509 LP The Hague (sgc.nl).
A dispute will only be handled by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable time
No later than twelve months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
When the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer must, within five weeks after a written request made by the entrepreneur, express in writing whether he also wishes this or wants the dispute to be handled by the competent court. If the entrepreneur does not receive the consumer's choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent
The Disputes Committee issues a ruling under the conditions as established in the regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/de- committees/2701/webshop). The decisions of the Disputes Committee are made by way of binding
The Disputes Committee will not handle a dispute or will cease handling it if the entrepreneur has been granted a suspension of payments, has been declared bankrupt, or has effectively ceased business activities before a dispute has been handled by the committee at the hearing and a final decision has been made.
If, in addition to the Webshop Disputes Committee, another recognized disputes committee affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Webshop Quality Mark Foundation Disputes Committee is preferably competent for disputes mainly concerning the method of remote sales or services. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.

Article 18 – Industry Guarantee

The Webshop Quality Mark Foundation guarantees the compliance with the binding advice of the Disputes Committee of the Webshop Quality Mark Foundation by its members, unless the member decides to submit the binding advice to the court for review within two months after its dispatch. This guarantee is revived if the binding advice remains upheld after review by the court and the judgment confirming this has become final and binding. Up to a maximum amount of €10,000 per binding advice, this amount will be paid out to the consumer by the Webshop Quality Mark Foundation. For amounts exceeding €10,000 per binding advice, €10,000 will be paid out. For the excess amount, the Webshop Quality Mark Foundation has an obligation to make efforts to ensure that the member complies with the binding advice
For the application of this warranty, it is required that the consumer makes a written claim to the Stichting Webshop Keurmerk and that he transfers his claim against the entrepreneur to the Stichting Webshop Keurmerk. If the claim against the entrepreneur exceeds €10,000, the consumer is offered to transfer his claim exceeding the amount of €10,000 to the Stichting Webshop Keurmerk, after which this organization will, in its own name and at its own expense, seek payment through legal means to satisfy the consumer.

Article 19 – Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 20 – Amendment of the general terms and conditions Stichting Webshop Keurmerk

The Webshop Quality Mark Foundation will not change these general terms and conditions except in consultation with the Consumers' Association.
Changes to these terms and conditions shall only take effect after they have been published in an appropriate manner, provided that in the case of applicable changes during the term of an offer, the provision most favorable to the consumer shall

Address Stichting Webshop Keurmerk: Weteringschans 108 1017 XS Amsterdam, Netherlands

Annex I: Model form for withdrawal

Model form for withdrawal

(only fill out and return this form if you want to withdraw the agreement)

To: [ entrepreneur name]

[geographical address entrepreneur]

[ entrepreneur's fax number, if available]

[email address or electronic address of entrepreneur]

I/We* hereby inform you that I/we* our agreement concerning the sale of the following products: [product designation]*

the delivery of the following digital content: [designation digital content]* the performance of the following service: [designation service]*, revoked/revoked*

Ordered on*/received on* [order date for services or receipt for products]

[Name consumer(s)]

[Consumer address(es)]

[Consumer(s) signature] (only when this form is submitted on paper)

* Strike out what does not apply or fill in what does apply.

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General Terms and Conditions Camping Cocooning