Terms and Conditions

General Terms and Conditions

    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 cooling off period
    Article  8 - Exercising of the right of withdrawal by the consumer and costs thereof
    Article  9 - Obligations of the entrepreneur in case of withdrawal
    Article 10 - Exclusion right of withdrawal
    Article 11 - The price
    Article 12 - Compliance and extra warranty
    Article 13 - Delivery and execution
    Article 14 - Ongoing contractual relations: duration, cancellation and extension
    Article 15 - Payment
    Article 16 - Complaints procedure
    Article 17 - Disputes
    Article 18 - Industry warranty
    Article 19 - Additional or deviating stipulations
    Article 20 - Changing of the General Terms and Conditions

Article  1 - Definitions
In these General Terms and Conditions will be understood under:

1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are being delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Cooling off period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person that does not act for purposes that are in connection with his trade, enterprise, artisanal or professional activity;
4. Day: calendar day;
5. Digital content: data that are produced and delivered in digital form;
6. Ongoing contractual agreement: an agreement that purports to the periodic delivery of goods, services and/or digital content during a certain period;
7. Sustainable information carrier: each aide – also including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a manner that makes future consultation or use during a period that is measured to the objective for which the information is destined, and that unchanged reproduction of the stored information possible;
8. Right of withdrawal: the possibility of the consumer to abstain within the cooling off period from the distance agreement;
9. Entrepreneur: the natural or legal person that is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services from a distance to consumers;
10. Distance agreement: an agreement that is concluded between the entrepreneur and the consumer in the framework of an organised system for sale from a distance of products, digital content and/or services, whereby up to and including the conclusion of the agreement solely or also use is made of one or more techniques for communication from a distance;
11. Model form for withdrawal: the European model form for withdrawal included in Exhibit I of these General Terms and Conditions;
12. Technique for communication from a distance: means that can be used for the conclusion of an agreement, without that consumer and entrepreneur has had to join simultaneously in the same space.

Article 2 - Identity of the entrepreneur

Name entrepreneur: Penshop

Trading under the name/names:
Penshop UK

The Netherlands


reachable:

from Monday to Friday from 9 a.m. to 5 p.m.
E-mail address: info@unitedpenshop.co.uk
CoC-number: 76467457
VAT-number: NL8606.333.54.B.01

Article 3 - Applicability

1. These General Terms and Conditions are applicable to each offer of the entrepreneur and on each concluded distance agreement between entrepreneur and consumer.
2. Before the distance agreement is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is reasonably not possible, the entrepreneur, before the distance agreement is concluded, shall indicate in which manner the General Terms and Conditions can be viewed at the entrepreneur and that they, upon request of the consumer, will be sent free of charge as soon as possible.
3. If the distance agreement is concluded electronically, in deviation of the previous section and before the distance agreement is concluded, the text of these General Terms and Conditions can be made available along electronic means to the consumer in such a manner that these can be stored by the consumer in a simple manner on a sustainable information carrier. If this is reasonably not possible, before the distance agreement is concluded, it shall be stated where knowledge can be taken of the General Terms and Conditions along electronic means and that they shall be sent upon request of the consumer along electronic means or in another manner free of charge.
4. In case that next to these General Terms and Conditions also specific terms and conditions for products or for services are applicable, is the second and third section equally applicable and the consumer can, in case of contradictory terms and conditions, always make a claim on the applicable stipulation that is the most favourable for him.

Article 4 - The offer

1. If an offer has a limited validity period or takes place under terms and conditions, then this will be stated explicitly in the offer.
2. The offer contains a complete and precise description of the products on offer, digital content and/or services. The description is sufficiently detailed to make a good assessment of the offer by the consumer possible. If the entrepreneur makes use of images, then these form a representation according to truth of the products on offer, services and/or digital content. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information, that it is clear for the consumer what the rights and obligations are that are connected to the acceptation of the offer.

Article 5 - The agreement

1. The agreement is, under the precondition of the stipulations in section 4, concluded on the moment of acceptation by the consumer of the offer and the compliance with the terms and conditions set thereby.
2. If the consumer has accepted the offer along electronic means, the entrepreneur confirms without delay along electronic means the receipt of the acceptation of the offer. For as long as the receipt of this acceptation has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, then the entrepreneur will arrange for suitable technical and organisational measures for the protection of the electronic transfer of data and he will arrange for a safe web environment. If the consumer can pay electronically, the entrepreneur shall take thereto suitable safety measures.
4. The entrepreneur can within the framework of the law – inform himself whether the consumer can comply with his payment obligations, as well as of all those facts and factors that are of importance for a responsible conclusion of the distance agreement. If the entrepreneur has, on the basis of this examination, good grounds not to enter into the agreement, then he is authorised to refuse an order or application with motivation or to connect special terms and conditions thereto.
5. The entrepreneur shall no later than upon delivery of the product, the service or digital content send along to the consumer the following information, in writing or in such a manner that this can be stored on a sustainable information carrier by the consumer in an accessible manner:
 
  a. the visiting address of the branch of the entrepreneur where the consumer can turn to with complaints;
  b. the terms and conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
  c. the information over warranties and existing service after purchase;
  d. the price inclusive of all taxes of the product, service or digital content; insofar applicable the costs of delivery; and the manner of payment, delivery or execution of the distance agreement;
  e. the requirements for cancellation of the agreement if the agreement has a duration of more than one year or is of undefined duration;
  f. if the consumer has a right of withdrawal, the model form for withdrawal.
   
6. In case of an ongoing contractual relation is the stipulation in the previous section only applicable to the first delivery.

Article 6 – Right of withdrawal


for products:

1. The consumer can dissolve an agreement with regard to the purchase of a product during a cooling off period of 14 days without a statement of reasons. The entrepreneur may ask the consumer for the reason of withdrawal, but not oblige him to statement of his reason(s).
2. The cooling off period mentioned in section 1 starts on the day after the consumer, or a third party designated by the consumer in advance, that is not the transporter, has received the product, or:
 
  a. if the consumer in one and the same order has ordered several products: 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 informed the consumer over this in advance to the ordering process in a clear manner, refuse an order of several products with a different delivery time.
  b. 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;
  c. in case of agreements for periodic delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.


In case of services and digital content that is not delivered on a physical carrier:

3. The consumer can dissolve a services agreement and an agreement for delivery of digital content that is not delivered on a physical carrier during 14 days without a statement of reasons. The entrepreneur may ask the consumer for the reason of withdrawal, but this may not oblige to statement of his reason(s).
4. The cooling off period mentioned in section 3 starts on the day that follows on the conclusion of the agreement.


Extended cooling off period for products, services and digital content that is not delivered on a physical carrier in case of not informing about the right of withdrawal:

5. If the entrepreneur has not provided the consumer with the information mandatory by law about the right of withdrawal or has not provided the model form for withdrawal, then the cooling off period ends twelve months after the end of the original cooling off period, established in accordance with the previous sections of this Article.
6. If the entrepreneur has provided the information referred to in the previous section to the consumer within twelve months after the starting date of the original cooling off period, then the cooling off period expires 14 days after the day on which the consumer has received that information.

Article 7 - Obligations of the consumer during the cooling off period

1. During the cooling off period the consumer shall carefully deal with the product and the packaging. He shall only unpack or use the product to the degree that is required to establish the nature, features and working of the product. The point of departure hereby is that the consumer only may handle and inspect the product such as he would be allowed to do in a shop.
2. The consumer is only liable for value reduction of the product that is the consequence of a manner of dealing with the product that goes beyond what is permitted in section 1.
3. The consumer is not liable for value reduction of the product if the entrepreneur has not provided him before or at the conclusion of the agreement with all information mandatory by law about the right of withdrawal.

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

1. If the consumer makes use of his right of withdrawal, he will give notification of this within the cooling off period by means of the model form for withdrawal or in another non-ambivalent manner to the entrepreneur.
2. As fast as possible, but within 14 days from the day following the notification referred to in section 1, the consumer will send the product back, or he hands this over to (an authorised person of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any case if he sends back the product before the cooling off period has expired.
3. The consumer sends back the product with all delivered accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of evidence for the correct and timely exercising of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of the sending back of the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur states that he will bear the costs, then the consumer does not have to bear the costs for sending back.
6. If the consumer withdraws after firstly having requested explicitly that the execution of the service or the delivery of gas, water or electricity that has not been made ready for sale in a limited volume or certain quantity starts during the cooling off period, then the consumer is liable to pay to the entrepreneur an amount that is equivalent to that part of the legal obligation that has been complied with by the entrepreneur on the moment of withdrawal, compared with the complete compliance of the legal obligation.
7. The consumer bears no costs for the execution of services or the delivery of water, gas or electricity, that has not been made ready for sale in a limited volume or quantity, or to delivery of city heating, if:
 
  a. the entrepreneur has not provided to the consumer the information mandatory by law about the right of withdrawal, the compensation of expenses in case of withdrawal or the model form for withdrawal, or;
  b. the consumer has not requested explicitly at the start of the execution of the service or delivery of gas, water, electricity or city heating during the cooling off period.
   
8. The consumer bears no costs for the complete or partial delivery of digital content not delivered on a physical carrier, if:
 
  a. He, prior to the delivery thereof, has not explicitly agreed with the start of the compliance with the agreement before the end of the cooling off period;
  b. he has not acknowledged to lose his right of withdrawal at the granting of his permission; or
  c. the entrepreneur has omitted to confirm this declaration of the consumer.
   
9. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by law.

Article 9 - Obligations of the entrepreneur in case of withdrawal

1. If the entrepreneur makes the notification of withdrawal by the consumer possible in an electronic manner, he will send, after receipt of this notification without delay, a confirmation of receipt.
2. The entrepreneur pays all payments of the consumer, inclusive of possible costs of delivery brought into account by the entrepreneur for the returned product, without delay but within 14 days following on the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with paying back till he has received the product back or till the consumer demonstrates that he has sent back the product, depending which moment takes place earlier.
3. The entrepreneur uses for repayment the same payment instrument that the consumer has used, unless the consumer agrees with another method. The repayment is free of charge for the consumer.
4. If the consumer has chosen for a more expensive method of delivery than the cheapest standard delivery, then the entrepreneur does not have to pay back the additional costs for the more expensive method.

Article 10 - Exclusion right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has stated this clearly at the offer, at least timely before the conclusion of the agreement:

1. Products or services of which the price is linked to fluctuations on the financial market on which the entrepreneur has no influence and that may occur during the term for withdrawal;
2. Agreements that are concluded during a public auction. Under a public auction will be understood a method of sale whereby products, digital content and/or services are offered by the entrepreneur to the consumer that is present in person or gets the possibility to be present in person at the auction, under management by an auctioneer, and whereby the successful bidder is obliged to take off the products, digital content and/or services;
3. Services agreements, after complete execution of the service, but only if:
 
  a. the execution has begun with explicit prior consent of the consumer; and
  b. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has executed the agreement in full;
   
4. Package trips as referred to in Article 7:500 Dutch Civil Code and agreements of transport of persons;
5. Services agreements for the making available of accommodation, if in the agreement a certain date or period of execution is foreseen and other than for residential purposes, transport of goods, car rental services and catering;
6. Agreements with regard to leisure, if in the agreement a certain date or period of execution thereof is foreseen;
7. Products manufactured according to specifications of the consumer, that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the consumer, or that are clearly meant for a specific person;
8. Products that go bad fast or have a limited conservation period;
9. Sealed products that for reasons of the protection of health or hygiene are not suitable to be sent back and of which the seal has been broken after delivery;
10. Products that after delivery by their nature are irrevocably mixed with other products;
11. Alcoholic drinks of which the price is agreed at the conclusion of the agreement, but of which the delivery only can take place after 30 days, and of which the actual value is dependent on fluctuations of the market on which the entrepreneur has no influence;
12. Sealed audio and video recordings and computer programs, of which the seal has been broken after delivery;
13. Newspapers, periodic publications or magazines, with the exception of subscriptions thereon;
14. The delivery of digital content other than on a physical carrier, but only if:
 
  a. the execution has begun with explicit prior consent of the consumer; and
  b. the consumer has declared that he herewith loses his right of withdrawal.

Article 11 - The price

1. During the duration of validity stated in the offer the prices of the products on offer and/or services will not be increased, except for price changes as a consequence of changes in VAT-rates.
2. In deviation of the previous section the entrepreneur can offer products or services of which the prices are linked to fluctuations on the financial market and on which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that prices possibly stated are indicative prices, will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the consequence of laws and regulations.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
 
  a. these are the consequence of laws and regulations; or
  b. the consumer has the authority to cancel the agreement starting the day on which the price increase starts.
5. The prices mentioned in the offer of products or services are inclusive of VAT.

Article 12 - Compliance agreement and extra warranty

1. The entrepreneur warrants that the products and/or services are in compliance with the agreement, the specifications stated in the offer, with the reasonable requirements of properness and/or usability and the lawful stipulations existing on the date of the conclusion of the agreement and/or prescriptions by the government. If agreed the entrepreneur also warrants that the product is suitable for another than normal use.
2. An extra warranty provided by the entrepreneur, his supplier, manufacturer or importer never limits the rights and claims by law that the consumer can claim on the basis of the agreement towards the entrepreneur if the entrepreneur has come short in the compliance with his part of the agreement.
3. Under extra warranty will be understood any legal obligation of the entrepreneur, his supplier, importer or producer in which this grants to the consumer certain rights or claims that go beyond to which he is obliged by law in case he has come short in the compliance of his part of the agreement.

Article 13 - Delivery and execution

1. The entrepreneur shall observe the largest possible care at the taking into receipt and at the execution of orders of products and at the assessment of applications for the provision of services.
2. As place of delivery is regarded the address that the consumer has made known to the entrepreneur.
3. In compliance with what has been stated about that in Article 4 of these General Terms and Conditions, the entrepreneur shall execute accepted orders with able speed but no later than within 30 days, unless another term of delivery is agreed. If the delivery experiences a delay, or if an order cannot be executed or only in part, then the consumer will receive notice hereof no later than 30 days after he has placed the order. The consumer has in that case the right to dissolve the agreement without costs and a right to a possible compensation of damages.
4. After dissolution in accordance with the previous section the entrepreneur shall pay back the amount that the consumer has paid without delay.
5. The risk of damaging and/or gone missing of products lies with the entrepreneur till the moment of delivery to the consumer or a representative designated and made known in advance to the entrepreneur, unless explicitly agreed otherwise.

Article 14 - Ongoing contractual relations: duration, cancellation and extension


Cancellation:

1. The consumer can at all times cancel an agreement that has been concluded for an undefined time and that purports to the frequent delivery of products (electricity therein included) or services, in compliance with thereto agreed cancellation rules and a notice period of no more than one month.
2. The consumer can cancel an agreement that has been concluded for a certain time and that purports to the frequent delivery of products (electricity therein included) or services, at all times against the end of the certain duration in compliance with rules of cancellation thereto agreed and a notice period of no more than one month.
3. The consumer can cancel the agreements mentioned in the previous sections:
 
  a. at all times and not be limited to cancellation on a certain time or in a certain period;
  b. at least in the same manner as these have been concluded by him;
  c. always with the same notice period as the entrepreneur has stipulated for himself.


Extension:

4. An agreement that has been concluded for a defined period and that purports to the frequent delivery of products (electricity therein included) or services, may not be extended or renewed tacitly for a certain duration.
5. In deviation of the previous section an agreement that has been concluded for a defined period and that purports to the frequent delivery of newspapers and weekly magazines may be extended tacitly for a certain duration of a maximum of three months, if the consumer can cancel this extended agreement against the end of the extension with a notice period of no more than one month.
6. An agreement that has been concluded for a defined period and that purports to the frequent delivery of products or services, may only be extended tacitly for undefined duration if the consumer may cancel at all times with a notice period of no more than one month. The notice period is no more than three months in case the agreement purports to the periodic delivery, but less than once per month, newspaper, weekly magazines and other magazines.
7. An agreement with limited duration to the frequent delivery for introduction of newspapers and magazines (trial subscription or subscription to make the acquaintance) will not be extended tacitly and ends automatically after the expiration of the trial or introduction period.


Duration:

8. If an agreement has a duration of more than a year, the consumer may cancel after a year the agreement at all times with a notice period of no more than one month, unless the reasonableness and fairness object to cancellation before the end of the agreed duration.

Article 15 - Payment

1. Insofar it has not been determined otherwise in the agreement or additional terms and conditions, the amounts due by the consumer must be paid within 14 days after the start of the cooling off period, or in case of the absence of a cooling off period within 14 days after the conclusion of the agreement. In case of an agreement to the granting of a service, this period starts on the day after the consumer has received the confirmation of the agreement.
2. In case of the sale of products to consumers the consumer may never be obliged in General Terms and Conditions to advance payment of more than 50%. When advance payment has been stipulated, then the consumer can make no claim whatsoever concerning the execution of the concerned order or service(s), before the stipulated advance payment has taken place.
3. The consumer has the duty to report incorrectness in provided or stated payment data without delay to the entrepreneur.
4. If the consumer does not timely comply with his payment obligation(s), then he is, after he has been pointed by the entrepreneur at the too late payment and the entrepreneur has granted the consumer a period of 14 days to comply after all with his payment obligations, after the absence of payment within this 14-day-period, liable to pay over the amount still due the interest by law and the entrepreneur is authorised to bring the out-of-court collection costs into account. These collection costs amount to a maximum of: 15% over outstanding amounts up to €2,500; 10% over the following €2,500 and 5% over the following €5,000 with a minimum of €40. The entrepreneur can deviate for the benefit of the consumer from the mentioned amounts and percentages.

Article 16 - Complaints procedure

1. The entrepreneur has a complaints procedure sufficiently made known and treats the complaint in accordance with this complaints procedure.
2. Complaints over the execution of the agreement must be submitted within able time after the consumer has established the defects, fully and clearly described to the entrepreneur.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days to be counted from the date of receipt. If a complaint requires a foreseeable longer processing time, then a reply will be given by the entrepreneur within the period of 14 days with a confirmation of receipt and an indication when the consumer can expect a more extensive answer.
4. A complaint over a product, service or the service of the entrepreneur can also be submitted by means of a complaints form on the consumer page of the website of Thuiswinkel.org www.thuiswinkel.org. The complaint will then be sent both to the concerned entrepreneur and to Thuiswinkel.org.
5. If the complaint cannot be resolved within a reasonable period or within 3 months after the submission of the complaint in mutual consultation, then a dispute emerges that is eligible is for the dispute regulations.

Article 17 - Disputes

1. Solely the Laws of the Netherlands are applicable to agreements between the entrepreneur and the consumer to which these General Terms and Conditions relate.
2. Disputes between the consumer and the entrepreneur over the conclusion or execution of agreements with regard to products and services delivered or to be delivered by this entrepreneur, can, in accordance with the stipulations hereafter, be submitted by both the consumer and the entrepreneur to the Geschillencommissie Thuiswinkel, Post box 90600, 2509 LP in Den Haag (www.sgc.nl).
3. A dispute will only be accepted for treatment by the Geschillencommissie, if the consumer has firstly presented his complaint within able time to the entrepreneur.
4. No later than three months after the dispute has emerged, the dispute must be submitted in writing to the Geschillencommissie.
5. When the consumer wishes to submit a dispute to the Geschillencommissie, then the entrepreneur is bound by this choice. When the entrepreneur wishes to do so, then the consumer shall, within five weeks after a written request thereto by the entrepreneur in writing, have to declare himself in writing whether he wishes the same or wishes to let the dispute be treated by the court competent thereto. If the entrepreneur does not learn of the choice of the consumer within the period of five weeks, then the entrepreneur is authorised to submit the dispute to the competent court.
6. The Geschillencommissie renders its ruling under the terms and conditions such as these have been established in the regulations of the Geschillencommissie (www.degeschillencommissie.nl/over-ons/the-commissies/2404/thuiswinkel). The rulings of the Geschillencommissie take place by means of binding advice.
7. The Geschillencommissie shall not treat a dispute or will cease the treatment, if to the entrepreneur a suspension of payment has been granted, or he is in a state of bankruptcy or has in fact terminated his enterprise activities, before a dispute has been treated by the committee in a hearing and a final ruling has been issued.
8. If next to the Geschillencommissie Thuiswinkel another acknowledged dispute committee or committee affiliated with the Stichting Geschillencommissies for Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, then for disputes concerning in principal the method of sale or provision of services from a distance the Geschillencommissie Thuiswinkel is competent by preference. For all other disputes the other dispute committee affiliated with SGC or Kifid.

Article 18 - Industry warranty

1. Thuiswinkel.org warrants the compliance with the binding advices of the Geschillencommissie Thuiswinkel by its members, unless the member decides to submit the binding advice within two months after the sending thereof for testing to the civil court. This safeguard is revived, if the binding advice after testing by the court remains intact and the court verdict which evidences this, has become irrevocable. Up to a maximum of an amount of €10,000 per binding advice, this amount will be paid out by Thuiswinkel.org to the consumer. In case of amounts higher than €10,000 per binding advice, €10,000 will be paid out. For the amount above, Thuiswinkel.org has an obligation to make an effort to ensure that the member complies with the binding advice.
2. For application of this warranty it is required that the consumer makes a claim in writing hereon to Thuiswinkel.org and that he assigns his claim on the entrepreneur to Thuiswinkel.org. If the claim on the entrepreneur amounts to more than €10,000, the consumer is offered to assign his claim insofar that exceeds the amount of €10,000 to Thuiswinkel.org, after which this organisation in its own name and for its own costs shall request the payment in court for the satisfaction of the consumer.

Article 19 - Additional or deviating stipulations



Additional stipulations or stipulations deviating from these General Terms and Conditions may not be to the detriment of the consumer and must be recorded in writing or in such a manner that these can be stored by the consumer in an accessible manner on a sustainable information carrier.

Article 20 - Changing of the General Terms and Conditions Thuiswinkel

1. Thuiswinkel.org shall not change these General Terms and Conditions than in consultation with the Consumentenbond.
2. Changes in these General Terms and Conditions only come into force after these have been published in a manner proper thereto, it being understood that in case of applicable changes during the duration of an offer the stipulation most favourable for the consumer shall prevail.


Thuiswinkel.org

www.thuiswinkel.org

Horaplantsoen 20, 6717 LT Ede

The Netherlands

Post box 7001, 6710 CB Ede