Terms of Sale
Return and Cancellation Policy
Did you purchase a product from a CBW-certified furniture store and are you dissatisfied? Below, we explain your rights and how we can resolve this together.
Can I return my purchase?
This depends on how you made your purchase:
Shopping online?Then you have a legal right to cancel your purchase. You can cancel the purchase within14 daysof receiving your product without giving a reason. Please note: the product must be handled with care—you may unpack and inspect it as you would in a store, but you may not use it beyond that. If you go beyond that, you may be held liable for any loss in value.
How do I return my product?
Notify the business of your cancellation in writing or by another clear means of communication within the cooling-off period.
Please return the productwithin 14 days, complete with all accessories, in its original condition and packaging as much as possible.
What are the return shipping costs?
- Online purchases:You are responsible for the return shipping costs, unless the seller has indicated that they will cover them.
How long will it take to get my money back?
The merchant will refund all payments—including the original shipping costs—within 14 daysof your cancellation. The merchant may wait to issue the refund until the product has been returned, or until you can provide proof that you have shipped it.
What if certain products can't be returned?
Certain products are excluded from the right of withdrawal, provided this is clearly stated in advance:
- Custom-made products (made specifically for you)
- Sealed products whose seal has been broken after delivery (for hygiene reasons)
- Products that have been irrevocably mixed with other products after delivery
- Services that have been fully provided and for which you have given prior consent
What if there's something wrong with my product?
You are entitled to a product that performs as you would reasonably expect based on the agreement. In addition, CBW-certified businesses offera 2-year warrantyin addition to your statutory rights. During this warranty period, the business will cover the costs of repairs or replacements—including shipping and service call fees.
Please report any defects as soon as possible, preferably in writing andwithin 14 daysof discovery.
Article 1 | Definitions
For the purposes of these terms and conditions, the following definitions apply:
The business owner: theCBW-certified seller/contractor,
a participant in the SG CBW who has entered into an agreement with the customer
has entered into or intends to enter into;
The customer:the buyer/client or the person who
a business owner enters into or intends to enter into an agreement;
The business customer: acustomer acting in the course of
a profession or business;
The consumer:a buyer who is not acting in the course of
a profession or business;
Delivery: theactual delivery of the purchased products and/or
semi-finished products to the customer;
Delivery:ready for use, as agreed
presentation of the products and/or work;
Distance Contract: thecontract with a consumer
whereby, up until the conclusion of the agreement, exclusively
one or more techniques are used for
remote communication, as referred to in Article 6:230g(1)(e) of the Dutch Civil Code
(e.g., online store or mail-order business);
Agreement Concluded Outside the Sales Area: a
a contract entered into with a consumer other than
in the business’s sales area, as referred to in Article
Section 6:230g(1)(f) of the Dutch Civil Code (e.g., at consumers' homes, at certain trade shows)
or on the street);
SG CBW:CBW Guarantee Schemes Foundation, which is responsible for the
implementation and enforcement of consumer regulations such as
as referred to in Articles 19 and 21 of these terms and conditions;
SG CBW Participant: aCBW-certified business owner who registers themselves or a
has affiliated one or more of its subsidiaries/operating companies with the
CBW Guarantee Schemes Foundation;
Down payment: the amountpaid by the customer upon entering into the agreement
payment of a portion of the agreed-upon price;
Down payment: apayment of (part of) the purchase price before
delivery to the customer;
Product: movableproperty, even if it contains digital elements;
Digital elements: digital content or a digital service, processed
in a product or integral to it, without which the
the product cannot perform its functions;
Floor: subfloorand/or intermediate floor and/or floor covering;
Subfloor:the existing surface on which the work is to be carried out
carried out;
Subfloor:the material installed between
the subfloor and the floor covering, other than
repair materials for the subfloor.
Connection: connectingall supply and drain lines and
wiring to existing and properly installed connection points;
Installation:the installation of all supply and drain lines,
wiring and connection points required for the proper installation of
the product;
Assembly (installation):putting the product together and adjusting it
or parts thereof;
Other services: demolitionand renovation work,
leveling floors and walls and installing tiles;
Dispute Resolution Body: theindependent body to which the SG CBW
has outsourced the handling of disputes.
Article 2 | Validity
These terms and conditions may only be used by CBW-
authorized home furnishing stores and exclusively for the delivery of products
and/or services related to home furnishings.
These terms and conditions apply exclusively in the event of
a transaction between:
•
a CBW-accredited company based and operating in the Netherlands
business owner with a customer
•
a CBW-accredited entity established and operating abroad
a business owner with a customer based in the Netherlands.
Article 3 | Intellectual Property
1. The business owner reserves all intellectual property rights to
including, but not limited to, designs, images, drawings, samples, and specimens
and models. If the business owner requests them, the customer must
return it immediately. If the business owner also has other legal
If he has rights, he can assert them.
2. The Customer may not use any indications regarding intellectual property rights
ownership of the goods delivered or made available by the business
Do not delete or modify the recorded performance data.
3. The Customer may not use the Contractor’s material that is subject to intellectual
copyright does not extend to reproductions or public
create, use, or display without the permission of the
entrepreneur.
Article 4 | Quote
1. All quotes are valid for up to 21 days from the date of the quote, unless
unless otherwise stated in the quotation. They are based on the information provided by the customer
information provided, drawings, and dimensions derived therefrom, and
any measurements taken by the business owner. The customer must
and inform the business owner of the facts and/or circumstances
that may affect the performance of the agreement, for
to the extent relevant to the preparation of the quotation (see also Articles 7 and 8).
When it comes to flooring, the contractor measures the surface areas
the maximum length and width dimensions, taking into account
using the packaging units as ordered from suppliers
must be (yards of carpet, boxes of laminate flooring, entire
length of baseboards, etc.). Designs, images, drawings, specifications
of weights and measures, as well as samples and models from the
being an entrepreneur as accurately as possible.
2. The quotation includes a complete description of the items to be delivered
products and services to be provided, the total (purchase) price,
the delivery time, the payment terms, and the risks for both parties.
For “on-call” orders, the quote includes an explanation of this and
information regarding the delivery time upon request, as specified in Article 6, paragraph
6. The quote specifies the price of the materials and how
The price for the work to be performed is calculated. There are two
options: fixed-price contract or cost-plus contract. In a fixed-price contract, the parties agree
a fixed amount for which the work will be performed. At
The guide explains in detail to the entrepreneur what determines the price (e.g.,
hourly rate and the cost of the necessary materials). The contractor
can provide a suggested retail price at the customer's request, which is a
estimate of the total costs. The quote specifies whether
of additional costs such as freight, delivery, installation, payment, or
shipping costs.
3. Work not specified in the quote is not included
below the agreed price. If the customer does request this, it may
have a price-increasing effect (see also Article 13).
4. The customer must ensure that the business
can perform the work properly.
5. If the customer does not accept the quote, the business may
charge for the cost of preparing the quote,
but only if the customer, at the time of or prior to submitting the
the quotation clearly states the costs (and their amount). The
The customer becomes the owner of the quotation and any drawings upon
payment of quotation costs. The intellectual property remains with the
entrepreneur.
Article 5 | Agreement
(For contracts concluded outside of a sales area or at a distance: see
(Article 18)
1. When entering into an agreement with
ask a consumer for adeposit. In the case of a business customer
(non-consumer) there are no maximum percentages. In the case of a
For consumers, the maximum percentage depends on
of the product.
12. Themaximum down paymentfor consumers is 25%, except in the case of
The following products, for which the maximum is 15%:
a. kitchens, bathrooms, and/or plumbing fixtures and/or parts thereof,
and/or related activities;
b. hardwood flooring, solid wood floorboards, marmoleum, PVC,
staircase renovation, natural stone, gravel, (gravel) tile, cast, concrete,
concrete-look, cork, and laminate flooring and/or in connection with these
work to be performed on the products.
c. any other product groups and/or services, if applicable
listed onwww.cbw-erkend.nl.
3. The down payment percentages specified in paragraph 2 are subject to the
the down payment provision of Article 19 applies. This does not apply in the case of
a distance contract.
4. In the case of a distance contract, there are no maximum
down payment percentages, subject to legal restrictions such as
as described in Article 11(2).
5.Price increasesmay be passed on to business customers
passed on.
6. Forprice increases for consumers occurring after the contract is concluded
The following applies to the agreement prior to delivery:
•
Price increases due to regulatory measures (e.g., a VAT increase)
may always be passed on.
•
Other price increases may only be passed on
if the purchase price is subject to price increases
agreed.
– In the event of price increases within 3 months of the conclusion of the
Under the agreement, the consumer may choose between terminating the
buy it or accept the price increase.
– In the event of price increases more than 3 months after the conclusion of the
In the agreement, the business explains why there is a price increase
will be implemented, and the parties will enter into consultations.
7.Price reductionsafter the conclusion of the agreement by
e.g., clearance sales, going-out-of-business sales, promotions, or discounts on
Display models do not entitle the customer to a price reduction.
8. The seller retainsownershipof the sold products until
the customer must pay the price (and any additional costs) in full
has fulfilled. The customer is obligated to handle the products with care
handle. He may not transfer the products to third parties or
pledge as collateral, use as collateral, or remove (or have removed) from the room where
until the amount due has been paid.
9. The business may terminate the agreement without notice of default
terminate in whole or in part out of court in the event of bankruptcy,
the customer’s suspension of payments or statutory debt restructuring.
10. In the case of a contract with abusiness customer,the
require the entrepreneur to provide sufficient assurance of compliance with the
payment obligation before he performs the contract or in connection with it
continues.
11. The business owner is never required to pay any other compensation
to abusiness customerthan is expressly provided for in these terms and conditions
has been settled. He is not entitled to compensation for any other direct or indirect damages, including
including third-party damages, loss of profits, and the like, shall not
reimburse.
12. The business owner maycharge a call-out feeif this was agreed upon at the time of entering into the contract
has been agreed upon in the contract. If transportation is not included in
Under the agreement, the contractor may always charge a call-out fee,
except in cases of non-conformity.
Article 6 | Delivery Time
1. The delivery time is the agreed-upon timeframe within which the work must be completed
performed or the products must have been delivered. The delivery time is fixed
unless the agreement specifies an estimated delivery time. If no
If a delivery time has been agreed upon, a fixed delivery time applies to consumer purchases
30-day delivery time.
2. If the estimated delivery date is not met, the
the business owner an additional period of time to make the delivery. The additional period
is a maximum of one month, but never longer than the original
delivery time. Any price increases within this period may not
will be passed on.
3. If the additional period or the agreed-upon deadline is exceeded
If the delivery time is exceeded, the customer may terminate the agreement without notice of default
or terminate the contract through judicial intervention and/or seek damages.
4. If the estimated or agreed-upon delivery time is exceeded
is the business owner in a contract with a business customer
is not liable for any form of consequential damages.
5. In the case of a contract with a consumer, the business must
compensate for damages related to the violation and
which, given the nature of the liability and the nature of the
can be attributed to him. The consumer must report the damage
minimize as much as possible.
6. If it has been agreed that, following the consumer’s notification
if the order is placed by the business (on-call order), then
The agreed-upon fixed or estimated delivery time begins on
call-off date. The call-off must take place within nine months of
the conclusion of the agreement, unless otherwise agreed. If
If no call is made within that period, the business will
send the customer a written reminder and give them up to three months
may still place an order. After this period, the business owner may
terminate the agreement or treat the agreement as canceled
and recover the resulting damages from the customer in accordance with Article 12.
Article 7 | Rights and Obligations
from the business owner
1. The seller shall deliver the products in good condition, of sound quality, and as
as agreed in the contract. The work will be performed properly,
carried out properly and as agreed.
2. The business shall, upon delivery of products and
performance of work in accordance with the regulations in effect at that time
legal requirements.
3. The business owner shall notify the customer in a timely manner prior to the conclusion of the
The agreement stipulates that the customer is responsible for ensuring the suitability of the
the location where the work is to be performed, such as, for example, that
the building and/or installation regulations have been met. If the
If the business owner fails to point this out (in a timely manner), he must reimburse the consumer
compensate for any direct damages and costs incurred and bear his own
any damage to your own property.
4. The business also informs the customer that:
•
inaccuracies in the assignment or the work assigned, e.g.
working on an unstable surface;
•
the defectiveness or unsuitability of certain items, e.g., due to the
materials or aids made available to consumers;
This applies only if the business owner is aware of this or should reasonably be aware of it
be aware of. If the business owner fails to do so, he is liable for the
damages, unless he is not at fault for the damages.
5. The seller, if notified by the buyer (see Article
(Section 8(5)) addresses the necessity of using special
assistive devices such as a lift or a hoist the information he provided
to the extent that his expertise permits. The parties
agree that the use of the special
comes from assistive devices.
6. After the project begins, the contractor will continue the work on a regular basis.
7. The contractor shall ensure that the work is performed by
people with expertise in that field.
8. If the work is delayed due to circumstances beyond the
If the product is out of stock, the delivery time will be extended.
9. If the customer has specific requirements regarding soundproofing for a floor
(for example, in apartments), the business owner asks the
a statement for the customer containing the measured value of the subfloor
and screed. If the customer fails to do so or is unavailable, then
the business owner warns the customer of a possible reduction
soundproofing after completion. The contractor must ensure that he can
demonstrate that the delivered products meet the intended soundproofing
have an effect, e.g., by providing product information from the
supplier of the subfloor.
Article 8 | Rights and Obligations
of the customer
1. The customer shall ensure that the business can deliver the products and
is capable of performing the work.
2. The customer shall ensure that the contractor receives the necessary materials for the work in a timely manner
necessary approvals (permits, etc.) and the work
contains important information (e.g., the location of pipes).
3. The customer shall ensure that the work site is suitable for that purpose
is suitable, such as:
• the space is airtight and can be securely sealed;
• Floors must be free of lime, cement, and dirt residues, as well as loose particles;
• the building and/or installation regulations have been complied with;
• connection points, pipes, and drainpipes are in place in accordance with
the entrepreneur's signature;
• electricity, heating, running water, and adequate ventilation
is present.
If the customer fails to do so, he must reimburse the business owner
compensate for any demonstrable direct damages and reasonable costs incurred, and
he is responsible for any damages he may incur.
4. The customer bears the risk of damage caused by:
• inaccuracies in the work performed;
• inaccuracies in the designs requested by the customer and
methods;
• defects in the real property or personal property on which the work is being performed;
• defects in materials or equipment provided by the customer
have been issued.
The business owner shall, however, inform the customer of the matters referred to in paragraph 4
of Article 7.
5. The customer shall inform the business of any special
circumstances that, for example, require the use of a lift or a crane
make necessary. The parties agree on who will bear the costs and the risk of
is responsible for the use of the special equipment. If the customer
has not provided this information, the costs of using
special equipment at his own expense.
6. The customer shall ensure that work to be performed by third parties
work and/or deliveries are carried out in a timely and proper manner, so that
the work is not delayed as a result. If there is
If a delay does occur, the customer shall notify the
entrepreneur.
7. The customer shall ensure that in the area where the work
no other work is taking place or has taken place
that could cause damage to the work of the
entrepreneur.
8. The customer shall ensure that the delivery location is suitable
is accessible and available in a timely manner, and that every effort is made
done to ensure a smooth pickup and drop-off.
9. If the start or progress of the work is delayed due to
Under the circumstances described in this article, the customer must
compensate the business owner for the resulting damages, if
circumstances attributable to the customer.
10. The customer shall take good care of the items, materials, and
tools belonging to the contractor at the job site
are located.
11. A customer who, against the express advice of the business
yet wants the contractor to perform certain tasks, is itself
liable for any resulting damage.
12. The customer cannot compel the business to perform
of work that violates occupational safety and health regulations.
Article 9 | Storage of Products
1. If the products are delivered on the agreed delivery date
offered but not accepted, unless the products
are defective, the business owner will, within a reasonable period of time,
make a second delivery. The business owner may, following a refusal or after a second
delivery and storage costs, as well as any other demonstrable damages and reasonable
charge a fee.
2. If the second delivery is also not accepted, the
business owner: a. demand performance of the agreement and
storage costs and any other demonstrable damages and reasonable expenses
calculate or; b. consider the agreement to be canceled in accordance with
the provisions of Article 12. In addition to cancellation fees, the business may
also include storage costs.
3. Once the customer has paid for the products, the business will
store the products for a maximum of 3 months, under
calculation of reasonable internal or external storage costs. In this regard
the business owner takes into account the sales value of the
products and the duration of the storage period, unless otherwise
agreements have been made. If, after 3 months, the customer
If it is still not completed, the agreement will be deemed canceled
shall be deemed to be, and the entrepreneur may, in addition to the provisions of Article 12
cancellation fee, reasonable storage costs
calculate. He must notify the customer in writing of his intention to do so.
4. The risk of fire and damage during storage is covered by the
the seller, in the case of a consumer purchase
covered by insurance.
Article 10 | Transportation and Damage
upon delivery
1. Shipping is included in the price, except in the case of
take-home items or if something else has been agreed upon. The business owner
bears the risk of damage and loss during transport. If the
If products are delivered by a professional carrier, then the
business owner looking for good insurance.
2. If damage is discovered upon delivery, then the
the customer must note this on the delivery receipt. If, upon delivery, there is no
this is an opportunity to identify any damage, so
The customer should note this on the delivery receipt. It is advisable to make sure that
report any damage to the business within 2 business days
report.
3. If the customer arranges the transportation themselves, they must, after delivery
but when transporting the products, check as much as possible whether the products
be undamaged and complete.
Article 11 | Payment
(The maximum limits apply to all products and services
(down payment percentages under Article 5, paragraphs 1 and 2)
1. The general payment terms forpurchases and salesare payment upon
delivery (cash or debit card payment), even if it involves a contract for work
(services) are included in the agreement. The Customer may also
to ensure that the amount has already been credited to the
the business owner's bank account.
2. You may agree to different payment terms, but it is legally required
It is prohibited to require a consumer to make an advance payment of more than half
to offer the purchase price as the sole payment term.
3. Inthe case of a contract for services(exclusively services and, if applicable,
(small items) are paid in installments proportional to the
progress of the work.
4. In the case of a combination ofa consumer sale and a contract for work
work, such as when creating a (custom)
product by the merchant, the statutory provisions of
consumer purchase.
5. A business that delivers materials, products, and/or
provides services to the customer, may require payment for each partial delivery
partial deliveries. For each partial delivery, the customer receives
a partial invoice.
6. Payment of an invoice or partial invoice must be made no later than 14
within a few days of receipt, unless otherwise agreed.
7. If the customer fails to pay on time, they are in default without notice
in default under the law. Nevertheless, after the
after the payment deadline has passed, a payment reminder in which
he points out the customer's failure to act. The business owner gives him the opportunity
within 14 days of receiving the payment reminder
pay and points out the consequences if he fails to do so.
8. After this additional period, the business may, without further
notice of default to collect the amount owed. The associated
Any associated (collection) costs shall be borne by the customer. Those
costs are limited to a maximum of the amount specified by law and regulations
permitted percentage of the principal amount.
29. The business may charge consumers statutory interest
upon the expiration of the period specified in paragraph 7. In the case of a business customer
the business owner may charge statutory commercial interest in accordance with paragraph 6
the specified period.
10. In the event of a complaint, the customer may only dispute that portion of the invoice
be proportionate to the nature and severity of the complaint.
The business owner may not collect this portion of the invoice if
are justified complaints. The other portion of the purchase/contract price
The customer must pay within the payment term.
11. If payment is to be made in installments in the case of a contract for services only
agreed upon and the contractor does not continue the work, the
The customer may suspend payment of the installment. Previously sent
The customer must pay partial invoices within the payment term.
Article 12 | Cancellation
1. If the customer cancels, they are liable for compensation.
The damages incurred by a business owner in the event of cancellation consist of the
gross profit margin (fixed and variable costs, markup), less
with unrealized variable costs. In practice, the damage caused by
more than 30% of the purchase price if there is not yet
has been delivered and is (significantly) higher if the purchase has already been finalized.
More information about (the amount of) cancellation fees in the
The housing sector can be found atwww.cbw-erkend.nl.
2. The business owner must demonstrate that he has suffered damages.
3. Cancellations should preferably be made in writing. In the event of a
If the cancellation is made verbally, the business must confirm it in writing.
4. When purchasing a kitchen, a consumer has 2 days to,
cancel in writing starting the day after the sale is finalized
at a significantly reduced rate of 5% of the purchase price, with
a minimum of €500. If the consumer does not have an email address from the
If the business owner wishes, he may also cancel by registered mail.
He then proves, using the dated shipping receipt, that the shipment of
The letter was sent within two days.
5. Cancellation is not possible:
•
when purchasing a showroom model or a second-choice model, unless otherwise specified
has been agreed;
•
for the portion of the agreement that has already been performed and/or
delivered.
6. The consumer is not required to, when purchasingoutside the sales area or at
No cancellation fees apply to distance contracts
when exercising the right of withdrawal as provided by law for this
sales methods are set forth (see also Article 18 B, C, and D of this
(terms and conditions).
Article 13 | Additional Costs, Extra Work
and/or reduced scope of work
Costs incurred because the customer has failed to
to facilitate the execution or progress of the work,
at the customer’s expense. Any additional work and/or reduced scope of work will be
be settled on a fair basis. Additional work includes, among other things:
all work and deliveries not specified in the agreement
are understood and required by the customer. Under
"reduced scope of work" means: the part of the agreement that
will not be carried out with the consent of both parties. Not to
Floor areas, such as columns, recesses, and material waste, are
no reduction in scope of work. At the customer’s request, the contractor
left behind at the customer's location.
Article 14 | Impossibility of Performance
contract due to force majeure
and unforeseen circumstances
1. If performance of the agreement is temporarily impossible due to a
a cause that cannot be attributed to either party, then
the other party is released from its obligations for that period.
2. If performance of the agreement becomes entirely
or is permanently impossible, in whole or in part, due to a cause beyond his control
are attributed, both parties shall, to the extent reasonably
it may be possible to make efforts to still fulfill the agreement
to be implemented. The parties will consult on this matter. If the parties are unable to reach an agreement, then
they have the right to terminate the agreement in whole or in part
to dissolve.
3. In the event of unforeseen circumstances, such as, for example, a
In the event of a pandemic or war, the parties will consult with one another.
Article 15 | Conformity and Warranty
1. The delivered product must possess the characteristics that the
the consumer is entitled to do so under the terms of the agreement during normal use
expect (conformity). This also applies in the case of special use if that
as agreed by the parties at the time the agreement was entered into.
If this expectation is not met, the consumer
the right to repair or replacement, termination, and/or
price reduction.
2. The seller provides a 2-year full warranty on the delivered
products, in addition to the legal obligations set forth in paragraph 1. The parties
You can also agree to a longer warranty period in writing. The
The 2-year warranty does not apply to defects related to
use by the customer that does not correspond to the intended purpose.
In the case of a consumer purchase, the business must demonstrate this. The
The contractor shall bear the costs of repair or replacement, including
freight and delivery charges;
If the defect can be properly repaired, then the business owner does not need to
not to replace the product. If the customer is abroad
If you move, freight and delivery charges will be reimbursed based on the
original delivery address.
3. The customer is required by law to minimize its losses as much as possible
prevent or reduce.
4. Even after the two-year warranty period referred to in paragraph 2 has expired, a consumer may
still have rights under the law (as described in paragraph 1).
The business owner cannot then rely on the expiration of this
warranty.
5. The business owner’s obligations regarding
The conformity and warranty provisions of paragraphs 1 and 2 are not covered by the
the installment plan referred to in Article 19. In the event of bankruptcy/
suspension of payments/statutory debt restructuring for the business owner
The customer may file a claim with the trustee/receiver.
6. If the manufacturer of the products provides a more comprehensive warranty
In addition to the business owner, this warranty also applies to the customer.
7. Warranty provisions apply only when the
intended use of the delivered products
or of the work performed, or in the case of special use, if applicable
agreed.
8. The customer must act in good faith. This includes
This means, for example, that the product is of good quality and adequate
maintained and treated.
9. Variations in color, durability, texture, etc., may entitle the customer to
limit or exclude warranty and/or compensation. This is the
in cases where the deviations are acceptable from a professional standpoint
in accordance with applicable, customary standards or commercial practice.
10. The following are excluded from the warranty provided in paragraph 2: (disposable) batteries,
replaceable light bulbs, home decor items, and normal wear and tear. Unless
unless otherwise agreed, display models are also excluded,
Second-grade products and/or sales through an auction.
11. The warranty referred to in paragraph 2 is non-transferable.
Article 16 | Liability
The business owner is not liable for damage caused by factors that
he did not know or should not have known, unless he was liable
is required by law or as otherwise agreed between the parties. That
Possible causes include:
•
the formation of shrinkage cracks and/or hairline cracks as a result of
the gradual loss of construction moisture following new construction or renovation;
•
the appearance of discoloration, shrinkage lines, and/or hairline cracks
due to direct exposure to heat sources such as the sun, central heating—
pipes and fireplaces;
•
a humidity level that is too high or too low in the
regarding the room and surrounding areas or an extreme
change in that regard;
•
an incorrect composition of the subfloor and/or underlay, if
and to the extent that it was not installed by the business owner or a
subfloor that is not sufficiently level, if this has not been addressed by the contractor
has been installed. The contractor must report this before work begins
the fact that the intermediate layer is not sufficiently flat or is unsuitable, or
subfloor to the customer, to the extent that this is specified by the contractor
to establish objective criteria;
•
the floor not remaining dry, provided that the contractor has, in advance
measured the moisture content of the floors and the result
that was sufficient.
Article 17 | Complaints Regarding Defects
and damage
1. Complaints regarding the performance of the agreement or due to
Damage caused by the business owner must be fully and clearly
must be submitted to the business owner. This must be done as soon as possible
should be done, preferably in writing and in any case in a timely manner.
2. If, at the time of delivery, there is no opportunity to identify defects in
to inspect and/or report on the goods delivered, the buyer must
Please submit any complaints regarding this as soon as possible thereafter, preferably within 14 days,
notify in writing.
3. If, at the time of delivery, there is no opportunity to use other
to identify and/or report damage caused by a business owner,
the customer must report the damage as soon as possible thereafter
report in writing, preferably within two business days of discovery. If
no notification from the contractor within 14 days of delivery
has been received, it is assumed that no damage has been caused by
was caused by the entrepreneur. This deadline is important for a smooth
handling of the complaint and seeking compensation from third parties or the
liability insurance.
4. In the event of damage, the customer shall give the business the opportunity to
to inspect and assess the damage, either by him or on his behalf, in order to
for the purposes of his liability insurance and/or any
claims against third parties. The customer shall also cooperate with
repair by or on behalf of the business.
5. Regarding defects that only become apparent after delivery
as soon as possible after the event—no later than two months after
complaints regarding the discovery, preferably in writing.
6. Filing a complaint as soon as possible is in the best interest of
both the customer and the business owner. Failing to file a complaint in a timely manner can result in
mean that the customer loses their rights in this regard.
Article 18 | Distance and Off-Premises
The sales area is closed
agreements
A – The Agreement
1. If the consumer has accepted the offer electronically
Upon acceptance, the business owner immediately confirms via electronic means the
receipt thereof. Until this has been done, the consumer may
terminate the agreement.
2. If the agreement is concluded electronically, the
the business owner must take appropriate technical and organizational measures to
secures the electronic transmission of data and ensures
a secure online environment. If consumers can pay electronically,
The business owner will take appropriate safety measures to that end.
3. The business owner may—if permitted by law—investigate whether the
whether the consumer is able to meet their payment obligations and whether there
circumstances that are relevant to a responsible
conclusion of the agreement. If this provides a valid reason to
If the business owner decides not to enter into the agreement, he or she may, stating reasons,
refuse an order or request, or impose special conditions.
4. The merchant will, no later than upon delivery of the product and/or the
Please include the following information:
a. the business address of the merchant where the consumer may
can file a complaint;
b. the conditions under which and how the consumer may
can exercise the right of withdrawal, or a clear statement regarding
the exclusion of the right of withdrawal;
c. information about warranties and existing post-purchase service;
d. the price of the product or service, including taxes, if any
shipping costs and the method of payment, delivery, or performance of the
agreement;
e. if the consumer has a right of withdrawal, the model form
for cancellation. The consumer must save this information
and can be consulted.
B – Right of Withdrawal (applicable only to distance and off-premises
(sales area, closed contracts)
1. The consumer may enter into a contract regarding the
purchase of a product—whether or not combined with a service—
during a cooling-off period of at least 14 days without giving a reason
cancel for any reason. The business may ask the consumer for
the reason for the cancellation, but not require him to state it.
2. This cooling-off period begins on the day after the product is received by the
the consumer (or, at the consumer’s request, on his or her behalf) is
received. If a single order is fulfilled in multiple partial shipments, the following applies:
The cooling-off period begins on the day the final partial delivery is made by or
has been received on behalf of the consumer.
3. For services only, the cooling-off period referred to in paragraph 1 applies
on the day following the signing of the agreement.
Extended cooling-off period for products and services in cases of failure to provide information
About the right of withdrawal:
4. If the business owner fails to provide the legally required information regarding the
does not have a right of withdrawal or the model withdrawal form
is provided, the cooling-off period expires 12 months after the end of the period specified in paragraph
B. The cooling-off period.
5. As soon as the business owner provides the information referred to in paragraph 4
provided, the cooling-off period expires 14 days after the day on which the
a consumer who has subsequently received the information.
C – Consumer Obligations During the Cooling-Off Period
1. During the cooling-off period, the consumer shall handle the
the product and its packaging. He will unpack the product only in such a way that
or use as needed to determine the nature, characteristics, and operation of
to examine the product. The consumer may handle the product and
inspect it just as he would be allowed to do in a store.
2. If the consumer goes beyond what is described in paragraph C1, then he
liable for any depreciation in the product's value.
3. The consumer is not liable for any loss in value of
the product if the business owner does not provide it before or at the time of
the agreement and the required information regarding the right of withdrawal
has provided.
D – Exercise of the right of withdrawal by the consumer and
the costs involved
1. If the consumer exercises their right of withdrawal, they must notify
within the cooling-off period using the standard withdrawal form
or in some other unambiguous manner to the business.
2. As soon as possible, but within 14 days from the day following this
Upon notification, the consumer returns the product or hands it over
to (an authorized representative of) the business. This is not necessary if
The business owner has offered to pick up the product himself. The
The consumer has returned the product on time
before the cooling-off period has expired.
3. The consumer must return the product along with all included
accessories, in their original condition and packaging as much as possible, and
in accordance with the reasonable and clear information provided by the business
instructions.
4. The risk and the burden of proof regarding the proper and timely exercise of
The right of withdrawal lies with the consumer.
5. In the case of adistance contract, the consumerbearsthe
direct costs of returning the product, except for:
a. if the merchant has not informed the consumer that these costs
must bear; or
b. if the business owner indicates that they will cover the costs themselves.
In the case of acontract concluded outside of a sales area, the
The merchant is responsible for the return shipping costs.
6. If the consumer withdraws after having first expressly requested
If the service begins during the cooling-off period, the
the consumer is entitled to the work performed up to the time of cancellation.
37. The consumer bears no costs for the provision of services
such as:
a. the business provides the consumer with the legally required information
regarding the right of withdrawal, reimbursement of costs in the event of withdrawal, or the
has not provided a standard withdrawal form; or
b. the consumer has not expressly requested that performance begin
requested by the department.
8. Upon cancellation, all supplementary agreements
dissolved.
E – The merchant’s obligations in the event of cancellation
1. If the merchant refuses to accept the consumer’s cancellation of
enables electronically, he sends an email immediately upon receipt
confirmation of receipt.
2. The merchant shall reimburse all payments made by the consumer,
including calculated shipping costs, no later than 14 days after
the day of cancellation. He may wait to make the refund until
he has received the product, unless the seller
the consumer picks up the product themselves or provides proof that they have received it
returned. If the consumer can prove that the product is
returned but does not reach the business, then the
The consumer may request the transportation company he has hired to
to investigate the disappearance of the product.
3. The merchant will use the same payment method for the refund
if the consumer has used the product, unless otherwise agreed. The
Refunds are free of charge for the consumer.
4. If the consumer has chosen a more expensive method of
If the delivery is more expensive than the cheapest standard delivery, the business owner
not to reimburse the additional costs associated with the more expensive method.
F – Exclusion of the Right of Withdrawal
The business owner may exclude the following products and services
of the right of withdrawal, provided he exercises it in a timely manner before the conclusion of the
clearly stated in the offer:
1. Service agreements, upon full completion of the service,
but only if:
a. performance has begun with express prior
the consumer's consent; and
b. the consumer has stated that he is waiving his
right of withdrawal; and
c. the merchant provides the consumer with a confirmation of the agreement
and has provided the statement referred to in the preceding paragraph.
2. Products manufactured according to the consumer’s specifications,
that are not prefabricated and are made based on a
the consumer's individual choice or decision, or one that clearly
be intended for a specific person.
3. Sealed products that, for reasons of
are not suitable for use due to health and safety or hygiene reasons
returned and whose seal was broken after delivery.
4. Products that, by their nature, are irrevocably mixed after delivery
are compatible with other products.
Article 19 | Down Payment Policy
(Detailed information about the program can be found at
www.cbw-erkend.nl).
This provision applies exclusively to an agreement on
in the field of home furnishings, whether purchased in a physical store or online
the sales location (e.g., at a customer's home, on the street, or in some
trade shows).
The rule applies if the consumer, in the event of bankruptcy/
The entrepreneur's suspension of payments/statutory debt restructuring is not a product
and/or service is not provided even though he has made a down payment. This
The provision means that the consumer is entitled to a replacement contract
may be made at another CBW-certified furniture store. The down payment
will be deducted from the price by and at the expense of
this CBW-certified furniture store. No refunds will be issued.
1. The program has the following conditions:
a. The consumer submits a written appeal to the
down payment plan with SG CBW. You can do this via
www.cbw-erkend.nl. This appeal must be filed no later than 3 months after the
the trustee has provided the evidence referred to in paragraph 1(b), but in any event
in the event of bankruptcy/suspension of payments/
have received a statutory debt restructuring plan from SG CBW.
b. The consumer hereby submits a copy of the agreement,
a receipt for the down payment and a copy of the notice from the trustee/
administrator that the agreement is not being carried out and that the
The deposit is non-refundable.
c. If the trustee, within 3 months of the bankruptcy ruling/
suspension of payments/statutory debt restructuring: the proof referred to in paragraph 1(b)
has not provided, the consumer may still file a claim. In that case
is sufficient in lieu of the document from the trustee referred to in 1(b)
a confirmation from the trustee that the consumer’s claim is
listed on the list of provisionally recognized creditors.
d. The consumer is required to file his claim against the original
business owner (up to the maximum down payment percentage specified in Article 5
(2) to transfer to the SG CBW.
2. The SG CBW will notify you within 2 months of receipt whether the
the appeal is justified. If so, the SG CBW will provide the
proof that allows the consumer to enter into a replacement agreement
close. A list of businesses, as much as possible within the same (price)
segment can be viewed atwww.cbw-erkend.nl. The site also explains
how this list is compiled. Consumers can submit their own suggestions
submit to SG CBW.
3. Upon the conclusion of the replacement agreement, the following shall apply:
the following rules:
a. The consumer shall immediately provide the proof referred to in paragraph 2 of the
SG CBW to the business owner with whom the replacement agreement
will be closed.
b. The consumer must enter into the replacement agreement within 6
months after receiving the proof.
c. The consumer’s down payment will be deducted from the new price
reduced, but by no more than 25% or 15% of the original price
and no more than 25% or 15% of the new price if that is lower than the
original price (for calculation examples, seewww.cbw-erkend.nl). The
The 15% rate applies to:
•
kitchen/bathroom (components) and sanitary products and/or in
work to be performed in connection with that;
•
hardwood flooring, solid wood floorboards, stair renovation, marmoleum,
PVC, natural stone, gravel, (gravel) tile, cast, concrete, concrete-look,
cork and laminate flooring and/or in connection with these products
perform work.
•
any other product groups and/or services, if applicable
www.cbw-erkend.nl.
d. The business listed on the list is cooperating with the closure
of replacement agreements. He may only enter into a replacement
refuse the agreement if he can demonstrate to SG CBW that this
is unreasonable in his case.
e. The business with which the consumer has entered into a replacement
wishes to enter into an agreement, will charge its own standard retail price.
That doesn't have to be the same price as the original business owner
applied. The policy is therefore not a price guarantee. Special promotional,
Clearance or sale items may be excluded from the offer
remain.
4. The followingare not covered by the down payment arrangement:
•
distance contracts;
•
agreements with business buyers;
•
the product warranty referred to in Article 15;
•
entering into a replacement agreement without review
by SG CBW (see paragraphs 1 and 2);
•
the amount exceeding the stated percentages.
The provision also cannot be invoked if the
the trustee ensures that he or another party retains the original
can perform the contract under the same terms and conditions.
Article 20 | Dispute Resolution
1. Disputes between consumers and businesses regarding the
the conclusion or performance of contracts, whereby the
If the consumer's interest amounts to at least €250, both
brought before the court by either the consumer or the business
prepared by Stichting UitgesprokenZaak.nl, hereinafter referred to as the
dispute resolver. How this works and how a dispute
For information on how to file a claim, please visitwww.cbw-
erkend.nlor
www.uitgesprokenzaak.nl. All information is also available
requested from Stichting UitgesprokenZaak.nl, P.O. Box 505,
3700 AM Zeist.
2. The consumer must first report the complaint to the business.
The entrepreneur must be given the opportunity to:
•
respond to the complaint; and
•
to investigate the complaint, acknowledge it, or reject it; and
•
to resolve a valid complaint. The deadline for resolution
is set at 6 weeks, unless the business owner specifies a different
has indicated a reasonable timeframe required to address the complaint
to be resolved, in which case the information provided by the business
This term applies.
3. If the business owner has made an offer to resolve
has rejected the complaint, and the consumer does not
If so, the consumer must demonstrably reject this offer
must clearly inform the business owner that he agrees to this
isn't even. After that, the business owner has two more weeks to
to submit a revised proposal. If the consumer is still not satisfied with that
If he agrees, he will demonstrably reject this proposal before
the dispute can be taken up for consideration.
4. If the provisions of paragraphs 2 and 3 are not met, the dispute may
will not be considered.
5. The consumer may, up to 12 months after submitting their
file a complaint with the business or bring the dispute before the
arbitrator, unless the parties agree otherwise.
6. If the consumer files a dispute with the dispute resolution body
the entrepreneur is bound by this decision.
7. If the business owner wishes to have a dispute heard by the
dispute resolver, this can only be done with the cooperation of the
consumer. If the consumer does not cooperate, the business is free to
to bring the dispute before the court.
8. The dispute may be resolved by the dispute resolver by:
•
mediation by the dispute resolution officer;
•
mediation by an expert;
•
a binding ruling.
9. The dispute resolution body’s rules are available at
www.uitgesprokenzaak.nl
10. A fee is charged for handling a dispute
payable. The rates are listed at
www.uitgesprokenzaak.nl
11. Only the court or the party mentioned above
The dispute resolver has the authority to hear disputes.
For online purchases, a complaint may also be filed with the
European Platform for Online Dispute Resolutionhttp://ec.europa.eu/odr.
12. Consumers living outside the Netherlands are responsible for, and
at their own expense, ensure that the defective product is returned to the
The dispute resolver may be evaluated by an expert.
If this is not possible, an expert report that is
prepared by an expert from an organization recognized by the home country of the
Consumer-recognized Dispute Resolution Board, translated into Dutch
or English by a certified interpreter/translator.
13. If the consumer has paid (in part) and the business, without
(valid) reason
• does not extradite, or
• has stopped or barely keeps in touch regarding an agreed-upon
delivery, or
• repeatedly delays delivery using (various) excuses, or
• does not refund the deposit or down payment if the consumer rightfully cancels the purchase
has terminated or revoked in one of the aforementioned
situations,
then the mediator will attempt to resolve the situation between
between consumers and businesses. If that fails, then
After that, the matter is resolved, and the consumer receives a refund.
Article 21 | Performance Guarantee
1. The SG CBW guarantees compliance with a
binding opinion issued by the dispute resolver or a
a settlement reached through a mediation expert, except in the
situations described in paragraph 5 (limited performance guarantee) and paragraphs 6
and 7 (no performance guarantee).
The consumer must submit a written appeal to the
performance bond with SG CBW (viawww.cbw-erkend.nl). This
may, as of the moment that both the two-month period specified in paragraph
7a if the period within which the business owner must accept the settlement or the
The deadline by which the binding opinion should have been complied with has expired. The appeal against the
The performance guarantee must be provided no later than 3 months after the expiration of
These deadlines have been met.
2. Following a claim under the performance guarantee, the SG CBW will always first
give the business owner an opportunity to fulfill the obligation. The consumer cooperates
agree with that, even though the deadlines set by the arbitrator
has already expired.
3. If the dispute resolver requires a business owner to both
payment of a sum in exchange for the performance of work,
then the work will be carried out first before the
payment is made, even if the binding opinion states otherwise
order.
4. If the binding opinion requires the business owner to recall a product
to take it back, the consumer must cooperate and
give the business owner the opportunity to take the product back. To the
Amounts to be refunded to the consumer do not have to be paid until after the product has been returned
be paid out, even if the binding opinion specifies a different order
as indicated, unless the business owner fails to cooperate in fulfilling the
binding opinion.
5. The performance guarantee is limited to:
a. €10,000 per binding opinion;
b. €2,269 per dispute for kitchens and bathrooms and €1,361 per
dispute regarding other products/services, as well as a total amount
up to €25,000 for all disputes combined, if there is
bankruptcy, suspension of payments, statutory debt restructuring, or
the effective cessation of the company's (sales) operations
between the date of the binding opinion and
settlement agreement and the point at which the consumer
a valid claim under the performance guarantee is made within the
the time limits specified in paragraph 1. Once the time limit within which
If the performance bond is invoked, the
SG CBW (the) valid claim(s) under the performance guarantee of
pay out to the consumer(s). If the combined claims exceed
If the total amount reaches €25,000, SG CBW will make a pro-rata payment. In addition,
The goal is to issue the payment no later than six weeks after the
the expiration of the latter deadline.
6. The SG CBW does not provide a performance guarantee if, before or during
in proceedings before the dispute resolution body, there is:
a. bankruptcy/suspension of payments/statutory debt restructuring of
the entrepreneur;
b. the actual cessation of the entrepreneur’s business activities.
The decisive factor is the date on which the business ceased operations in the
is registered in the Commercial Register, or an earlier date on which the
SG CBW: the effective termination of the (sales) activities of the
the company can demonstrate.
7. The SG CBW also does not provide a performance guarantee in the following
situations:
a. if the business owner does not comply with the binding opinion within 2 months of
submitted for judicial review;
b. if the situation described in Article 20, paragraph 13, applies;
8. The consumer assigns his claim to SG CBW until
the amount of the payment made. SG CBW makes every effort, as much as
reasonably expected of her, in order to pursue her claim and
if applicable, the consumer’s remaining claim, at no cost to
the consumer to seek recourse against the defaulting participant. When the
If a participant is sued, the consumer must
for practical reasons, also transfer (assign) the surplus to
SG CBW.
Article 22 | Dutch law
All agreements to which these terms and conditions apply,
are governed by Dutch law. If the consumer is located
is in an EU country other than the Netherlands, and the law in that EU country provides
grants him further rights, the business owner shall exercise these rights
apply.
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