The Dutch code

For internet offerers who deliver according to Dutch law and with whom consumers can communicate in the Dutch language.

Recognition of electronic communication
· The offerer recognizes electronic communication and will not deny the validity or the legal effect thereof merely because of the fact that the communication is electronic.

The offer
· The products or services offered are clearly described by the offerer, if possible with illustrations.
· The current consumer price of the products or services offered is clearly stated by the offerer.
· The offer may not entail additional hidden costs such as taxes (VAT) and packaging or delivery costs.
· If the validity period of the offer is limited, this limitation is clearly stated.
· The website of the offerer clearly states the delivery periods that apply to the offer.
· Any information about independent quality assessments of products or services is mentioned in the offer. This should contain full information about the authority from which the qualification has been obtained.

Payment methods
· The offerer indicates in what ways the consumer can pay, along with clear step-by-step instructions about the payment methods concerned.

The order request procedure
· The offerer clearly indicates what steps are required for the agreement to come about.
· Before the agreement is concluded, the products or services to be delivered and the price to be paid are confirmed to the consumer. Based on this confirmation, the agreement is concluded through a concrete act by the consumer (for example a mouse click).

The cooling-off period
· After receipt of the product, the consumer has a cooling-off period of 7 days during which the agreement can be dissolved without giving reasons and the product returned. The consumer personally pays the costs of the return shipment, except in the case of a proper appeal to the "money back" guarantee. In case of dissolution, the offerer will repay the amounts paid within 14 days after the date of receipt of the return shipment.
· Dissolution of a service can take place within 7 days after the first provision of services. In case of dissolution of a service within 7 days, the consumer must pay for the services received up to the moment of dissolution, except for an appropriate appeal to the "money back" guarantee.
· In case of the sale of financial services, a cooling-off period of 14 days applies. For sale of mortgage loans, life insurance and personal pension insurance, a cooling-off period of 30 days applies.
· If the price of a product or service is wholly or partially financed by a loan, the loan agreement can be dissolved without penalty or costs if the consumer makes use of his right to dissolve the agreement.
· Limitations or exclusions of the right to dissolution are only possible as a result of the specific nature of the product or service. These limitations or exclusions must be clearly stated in the offer, along with a justification for the limitation or exclusion.

The delivery
· The offerer will agree a delivery period with the consumer of no more than 30 days.
· If the agreed delivery period is exceeded for whatever reason, the offerer must inform the consumer thereof without delay and offer the possibility to dissolve the agreement at no cost. Any payments made are refunded in that case as soon as possible, but within a maximum of 14 days after the notification to the consumer.
· If the consumer suffers demonstrable damage as a result of the exceeding of the delivery date, the offerer is obligated to compensate this damage.

Security
· The offerer takes appropriate technical and organizational measures to secure the transfer of personal information and payments.
· If the offerer falls short in the above measures, the offerer will bear the consequences which this shortcoming has for the consumer.
· Relevant information about electronic signatures or other certification of communication is stated on the website. This includes full information about the significance thereof.

Advertising and promotion
· If the internet page of the offerer contains advertising and promotional messages by third parties, these must be clearly recognizable as such by, for example, the word 'advertising'. 
· The advertising and promotional activities of the offerer are not in violation of Netherlands legislation and the Netherlands Advertising Code. The offerer pays special attention herein to the interests of minors.
· The offerer submits himself to the jurisdiction of the Advertising Code Commission.

Legislation and regulations
· The offerer adheres to the legislation and regulations of the Netherlands, with special attention for consumer legislation.
· The offerer is familiar with the provisions contained in Dutch legislation and regulations for the protection of consumers. The offerer is obligated to refrain in all contacts with consumers from behaviour that in any way infringes upon or impairs the legal rights of the consumer. With these legal regulations reference is primarily made to the legal regulations for consumer sale, general conditions, product liability, misleading advertising and engagement in the Netherlands Civil Code and to the legal regulations for privacy protection.

Identity of the offerer
· The offerer must state all contact possibilities in an accessible place on his internet site, such as telephone number, fax number, postal address, physical business location and e-mail address. In addition, the offerer states his registration number with the Chamber of Commerce and, if applicable, his VAT number.

The delivery conditions
· The offerer who makes use of general and/or warranty conditions, referred to in short as conditions, ensures that the conditions are made available when an agreement is concluded. The text of the conditions is contained in full on the website of the offerer. Upon request by the consumer, the offerer will send a copy of the conditions.
· The conditions are stated in the Dutch language. If the website is also directed at foreign consumers, the offerer will ensure that the conditions are minimally also stated in the English language.
· The offerer who makes use of conditions will not invoke these conditions in contracts with consumers if these conditions infringe upon or impair the legal rights of the consumer or the provisions of this code. This means, among others, that the general conditions used may not contain any provisions that appear on the gray or black lists as mentioned in articles 6:236 and 6:237 of the Netherlands Civil Code or which otherwise are unreasonably onerous.
· Notwithstanding stipulations to the contrary in the agreements closed between the offerer and consumers, the stipulations in the Netherlands Web Trader code take precedence over the conditions applied by the offerer.

Money back guarantee
· The offerer guarantees that the products and/or services delivered conform to the agreement and comply with the specifications stated in the offer.
· The offerer refunds the full purchase amount if it turns out within 30 days after delivery that the products or services are not good or are different from the products or services ordered. The consumer may also request the offerer to repair or replace the goods or to deliver what is missing.
· All refunds take place as soon as possible and in any case within 14 days after the consumer has presented his complaint to the offerer.
· The consumer is required to report the shortcoming to the offerer within a reasonable period after discovery thereof, but at the most within 30 days after receipt of the goods. The consumer will return the products received directly after notification and for the account of the offerer.

Warranties
· The offerer makes clear in his offer whether any warranty applies, what conditions relate thereto and who provides the warranty.
· The offerer states that the warranty conditions do not impair the legal rights of the consumer or those that arise from the agreement.

The invoice
· The offerer will send an invoice along with the products and services that are delivered physically. Products and services that are delivered through electronic channels are minimally provided with an invoice through electronic channels.
· All administrative errors are corrected as soon as possible, but within a maximum of 14 days after notification thereof.


Complaint handling and dispute procedure
· The offerer has an easy-to-follow internal complaint handling procedure.
· The offerer explains on his website how the complaint handling procedure works and how a complaint can be submitted.
· The offerer must state on his internet site the details of a consumer complaints board or ombudsman to which the offerer is linked.
· If the offerer is linked to a trade organization that participates in a consumer complaints board, the offerer obligates himself to co-operate with the settlement of disputes by this consumer complaints board and with the fulfillment of the binding opinion arising there from.
· The law of the Netherlands applies to all agreements with consumers who reside in the Netherlands. The offerer subjects himself to the court which has jurisdiction either in the residence of the consumer or in the place of residence of the offerer, at the discretion of the consumer.

Data management and privacy
· The offerer adheres to the Data Protection Act. This entails, among other things, that the offerer reports the registrations that qualify for such with the Registration Board.
· The offerer states what data of the consumer he registers and why.
· The offerer asks the consumer for permission to mail addressed advertising material and/or to provide personal data of the consumer to third parties.
· The offerer only sends addressed advertising material to the consumer and/or provides personal data to third parties if the consumer has explicitly agreed thereto.
· The offerer provides the consumer the possibility to have the mailing of addressed advertising (including by electronic means) stopped at any moment. The offerer states the procedure for this in or along with the advertising material sent.
· The offerer makes clear where and how the consumer can inspect the data registered by him and correct or remove it, if desired.

Customer service
· The offerer provides customers with a telephone number and an e-mail address where his Dutch-language customer service can be reached. The offerer indicates during which hours his customer service can be reached.


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