General Terms and Conditions

General terms and conditions Webshop Keurmerk

These General Terms and Conditions of Stichting Webshop Keurmerk were drawn up in consultation with the Consumers' Association in the context of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and came into effect on 1 June 2014.


These General Terms and Conditions will be used by all members of the Stichting Webshop Keurmerk with the exception of financial services as referred to in the Financial Supervision Act and insofar as these services are supervised by the Netherlands Authority for the Financial Markets.

Table of Contents:

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Consumer's obligations during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof
Article 9 - Entrepreneur's obligations in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance and extra warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Sector guarantee
Article 19 - Additional or differing provisions
Article 20 - Amendment of the general terms and conditions of Stichting Webshop Keurmerk

Article 1 - Definitions

In these terms and conditions, the following definitions apply:
1.     Additional agreement: an agreement in which the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2.     Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
3.     Consumer: the natural person who is not acting for purposes related to their trade, business, craft or professional activity;
4.     Day: calendar day;
5.     Digital content: data produced and delivered in digital form;
6.     Continuing performance contract: a contract that entails the regular delivery of goods, services and/or digital content over a specified period;
7.     Durable data carrier: any means – including email – that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and that permits the unaltered reproduction of the stored information;
8.     Right of withdrawal: the consumer's ability to waive the distance contract within the cooling-off period;
9.     Entrepreneur: the natural or legal person who is a member of the Webshop Keurmerk Foundation and offers products, (access to) digital content and/or services to consumers remotely;
10.  Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products, digital content and/or services, where up to and including the conclusion of the contract, exclusive or partial use is made of one or more means of distance communication;
11.  Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
12.  Means of distance communication: a means that can be used for concluding a contract without the consumer and entrepreneur having to be simultaneously present in the same room;

Article 2 – Identity of the entrepreneur Name of entrepreneur:

MooyeJewelry.com (part of Live2day)
Business address: Kerkring 1, 4306 CJ Nieuwerkerk.
Phone number and times when the entrepreneur can be reached by phone:
Phone no. 0111-550550 on weekdays from 09.00 - 16.30
Email address: info@mooyejewelry.com response within 1 working day
Chamber of Commerce number: 51444976
VAT identification number: NL002067994B02
If the entrepreneur's activity is subject to a relevant licensing system: the
details of the supervisory authority;
If the entrepreneur practices a regulated profession:
- the professional association or organization to which they are affiliated;
- the professional title, the place in the EU or the European Economic Area where it was awarded;
- a reference to the professional rules applicable in the Netherlands and indications where and how these professional rules are accessible.

Article 3 – Applicability

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

Article 4 – The offer

1. If an offer has a limited validity period or is made subject to conditions, this shall be explicitly stated in the offer.
2. The offer shall contain a complete and accurate description of the products, digital content, and/or services offered. The description shall be sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these shall be a true representation of the products, services, and/or digital content offered. Obvious mistakes or obvious errors in the offer shall not be binding on the entrepreneur.
3. Each offer shall contain such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can – within legal frameworks – inquire whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service, or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the price including all taxes of the product, service, or digital content; if applicable, the delivery costs; and the method 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 indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal
For products:


1. The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 30 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal but cannot oblige them to state their reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may, provided that they have clearly informed the consumer about this prior to the ordering process, refuse an order of several products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;

  1. in agreements for the regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

For services and digital content not delivered on a tangible medium:3. The consumer may dissolve a service agreement and an agreement for the delivery of digital content not delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal but cannot oblige them to state their reason(s).
4. The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content not delivered on a tangible medium if not informed about the right of withdrawal:5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period established in accordance with the preceding paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 – Consumer’s obligations during the cooling-off period

1.     During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2.     The consumer is only liable for any depreciation of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
3.     The consumer is not liable for any depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

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

1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in any other unambiguous way.
2. The consumer shall return the product, or hand it over to (an authorized representative of) the entrepreneur, as soon as possible, but within 14 days from the day following the notification referred to in paragraph 1. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer shall return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
6. If the consumer withdraws after having expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or specific quantity commences during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
7. The consumer does not bear costs for the performance of services or the supply of water, gas or electricity, not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal or the model form for withdrawal, or;
b. the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
8. The consumer does not bear costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
a. he has not expressly agreed to the commencement of the performance of the agreement before the end of the cooling-off period;
b. he has not acknowledged losing his right of withdrawal when giving his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer exercises his right of withdrawal, all ancillary agreements shall be dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in case of withdrawal

1. If the entrepreneur makes it possible for the consumer to notify withdrawal electronically, he will immediately send an acknowledgement of receipt after receiving this notification.
2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
3. The entrepreneur shall use the same means of payment that the consumer used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obliged to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal:
1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
2. Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
a. the performance has begun with the consumer's express prior consent; and
b. the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the agreement;
4. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
5. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance thereof;
6. Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
9. Products that are irrevocably mixed with other products after delivery due to their nature;
10. Alcoholic beverages whose price was agreed upon when the agreement was concluded, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
11. Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
12. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
13. The supply of digital content other than on a tangible medium, but only if:
a. the performance has begun with the consumer's express prior consent; and
b. the consumer has declared that he thereby loses his right of withdrawal.
14. Custom-made products, rings and gold jewellery cannot be exchanged or returned.

Article 11 – The Price

1.     During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
2.     Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This connection to fluctuations and the fact that any prices mentioned 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 result of legal regulations or provisions.
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 result of legal regulations or provisions; or
b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5.     The prices mentioned in the offer of products or services include VAT.

Article 12 – Performance of the agreement and additional guarantee

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

Article 13 – Delivery and execution

1. The entrepreneur shall exercise the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.
2. The place of delivery shall be the address that the consumer has made known to the entrepreneur.
3. With due observance of what is stated about this in article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and to claim any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur shall immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 14 – Long-term transactions: duration, termination and renewal

Termination:1. The consumer may terminate an agreement entered into for an indefinite period, which provides for the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement entered into for a definite period, which provides for the regular delivery of products (including electricity) or services, at any time at the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:
- at any time and not be restricted to termination at a specific time or in a specific period;
- at least in the same manner as they were entered into;
- always with the same notice period as the entrepreneur has stipulated for himself.
Renewal:4. An agreement entered into for a definite period, which provides for the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a definite period.
5. Notwithstanding the previous paragraph, an agreement entered into for a definite period, which provides for the regular delivery of daily, news and weekly newspapers and magazines, may be tacitly renewed for a definite period of up to three months, if the consumer can terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.
6. An agreement entered into for a definite period, which provides for the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period shall be a maximum of three months if the agreement provides for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement for a limited period for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) shall not be tacitly continued and shall automatically terminate after the trial or introductory period.
Duration:8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the cooling-off period commences, or, in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period starts on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged in the general terms and conditions to pay more than 50% in advance. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.
3. The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. If the consumer does not meet their payment obligation(s) in time, they will owe statutory interest on the outstanding amount after being notified by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to still meet their payment obligations, and if payment is not made within this 14-day period. The entrepreneur is also entitled to charge extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500; and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur may deviate from the stated amounts and percentages in favor of the consumer.

Article 16 – Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described, within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. A complaint about a product, service, or the entrepreneur's service can also be submitted via a complaint form on the consumer page of the Webshop Keurmerk Foundation's website (http://keurmerk.info/Home/MisbruikOfKlacht). The complaint will then be sent to both the relevant entrepreneur and the Webshop Keurmerk Foundation.
5. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after submitting the complaint, a dispute arises that is subject to the dispute settlement procedure.

Article 17 – Disputes

1.     Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2.     Disputes between the consumer and the entrepreneur concerning the formation or execution of agreements relating to products and services to be delivered or already delivered by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Disputes Committee Webshop, Postbus 90600, 2509 LP The Hague (www.sgc.nl).
3.     A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
4.     The dispute must be submitted to the Disputes Committee in writing no later than three months after the dispute has arisen.
5.     When the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. When the entrepreneur wishes to do so, the consumer must state in writing, within five weeks of a written request to that effect by the entrepreneur, whether he also wishes to do so or whether he wishes to have the dispute handled by the competent court. If the entrepreneur does not receive the consumer's choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
6.     The Disputes Committee renders its decision under the conditions as set out in the regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop). The decisions of the Disputes Committee are rendered by way of binding advice.
7.     The Disputes Committee will not handle a dispute or will discontinue its handling if the entrepreneur has been granted a moratorium, has been declared bankrupt or has actually ceased his business activities, before a dispute has been heard by the committee at a session and a final judgment has been rendered.
8.     If, in addition to the Disputes Committee Webshop, another recognized disputes committee affiliated with the Foundation for Consumer Complaints Boards (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Disputes Committee Webshop Keurmerk Foundation is preferably competent for disputes mainly concerning the method of distance selling or service provision. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.

Article 18 – Sectoral guarantee

1. Stichting Webshop Keurmerk guarantees compliance with the binding opinions of the Stichting Webshop Keurmerk Disputes Committee by its members, unless the member decides to submit the binding opinion to a court for review within two months of its dispatch. This guarantee is revived if the binding opinion has been upheld after judicial review and the judgment showing this has become final. Stichting Webshop Keurmerk will pay the consumer a maximum of €10,000 per binding opinion. For amounts greater than €10,000 per binding opinion, €10,000 will be paid. For the remainder, Stichting Webshop Keurmerk has a best-efforts obligation to ensure that the member complies with the binding opinion.
2. For this guarantee to apply, the consumer must make a written claim to Stichting Webshop Keurmerk and transfer their claim against the entrepreneur to Stichting Webshop Keurmerk. If the claim against the entrepreneur exceeds €10,000, the consumer will be offered to transfer the part of their claim exceeding €10,000 to Stichting Webshop Keurmerk, after which this organisation will demand payment in its own name and at its own expense to satisfy the consumer.

Article 19 – Additional or deviating provisions

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

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

1.     Stichting Webshop Keurmerk will not amend these general terms and conditions without consulting the Consumers' Association.
2.     Amendments to these terms and conditions shall only take effect after they have been published in an appropriate manner, on the understanding that, in the event of applicable amendments during the term of an offer, the provision most favourable to the consumer shall prevail.

Address Stichting Webshop Keurmerk:

Willemsparkweg 193, 1071 HA Amsterdam

Appendix I: Model withdrawal form

Model form for withdrawal

(complete and return this form only if you wish to withdraw from the contract)