Terms of service

Below you will find the official general terms and conditions of 4Shine B.V., because it simply comes with the territory. Feel free to read through them at your leisure, but also know that our goal is simply to make you a very satisfied customer. So if anything comes up, before or after your order, please contact us and we will most certainly work it out together.

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 withdrawal period

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

Article   9 – Obligations of the entrepreneur in the event of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Performance and additional guarantee

Article 13 – Delivery and execution

Article 14 – Extended transactions: duration, termination and renewal

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Industry guarantee

Article 19 – Additional or deviating provisions

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

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
2. Withdrawal period: the period within which the consumer can exercise their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Extended agreement: an agreement that provides for the regular supply of goods, services and/or digital content during a specified period;
7. Durable data carrier: any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period aligned with the purpose for which the information is intended, and that permits unchanged reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the withdrawal period;
9. Entrepreneur: the natural or legal person who is affiliated with Stichting Webshop Keurmerk and offers products, digital content and/or services remotely to consumers;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby exclusive or partial use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
11. Model withdrawal form: the one set out in
The European model withdrawal form included in Appendix I to these terms and conditions;
12. Distance communication technology: means that can be used to conclude an agreement without the consumer and the entrepreneur having to be in the same place at the same time;

  ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

Name of the entrepreneur: 4Shine B.V.

Registered address: Kelvrinring 52 C - 2952 BG Alblasserdam

Telephone number and time(s) at which the entrepreneur can be reached by phone:
078-3030267 from  Mon-Fri 09:00-17:00

Email address:info@4shine.com

Chamber of Commerce number: 54586526

VAT identification number: NL851361481B01

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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding 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 the consumer can easily store them 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 consulted electronically and that, at the consumer’s request, they will be sent free of charge electronically or in another way.
4. If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting conditions the consumer may always invoke the applicable provision that is most favorable to them.

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
3. Every offer contains 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 complies with the conditions set out therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall provide a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures for this purpose.
4. Within the bounds of the law, the trader may inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, the trader has good grounds not to enter into the agreement, he is entitled, giving reasons, to refuse an order or request or to attach special conditions to the performance.
5. No later than upon delivery of the product, service or digital content to the consumer, the trader shall send the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

1. the visiting address of the trader's establishment where the consumer can go with complaints;
2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. the information about guarantees and existing after-sales service;
4. the price, including all taxes, of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is for an indefinite period;
6. if the consumer has a right of withdrawal, the model withdrawal form.

1. In the case of an ongoing transaction, the provision in the previous paragraph applies only 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 14 days without stating reasons. The trader may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
3. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The trader may refuse an order for multiple products with different delivery times, provided that he has clearly informed the consumer of this before the ordering process.
4. 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;

1. for agreements for the regular delivery of products during a specified period: the day on which the consumer, or a third party designated by him, has received the first product.

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

1. The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium for at least 14 days without stating reasons. The the trader may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
2. 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 supplied on a tangible medium if no information about the right of withdrawal has been provided:

1. If the trader 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 determined in accordance with the preceding paragraphs of this article.
2. If the trader has provided the consumer with the information referred to in the preceding 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 – Obligations of the consumer 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 establish the nature, characteristics and functioning of the product. The guiding 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 in value 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 in value of the product if the trader did not provide him, before or at the conclusion of the agreement, with all legally required information about the right of withdrawal.

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

1. If the consumer exercises his right of withdrawal, he shall notify the trader within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the trader. This is not required if the trader has offered to collect the product himself. In any event, the consumer has observed the return period if he sends back 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 trader.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer shall bear the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader indicates that he will bear the costs himself, the consumer does not have to bear the return costs.
6. If the consumer withdraws after first 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 specified quantity commence during the cooling-off period, the consumer shall owe the trader an amount proportionate to that part of the obligation that has been performed by the trader at the time of withdrawal, compared with the full performance of the obligation.
7. The consumer shall bear no costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
8. the trader has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal, or the model withdrawal form; or
9. the consumer has not expressly requested the start of the performance of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.
   1. The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
   2. he has not expressly agreed, prior to delivery, to the commencement of the performance of the agreement before the end of the cooling-off period;
   3. he has not acknowledged losing his right of withdrawal when giving his consent; or
   4. the trader has failed to confirm this statement from the consumer.
      1. If the consumer exercises his right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 9 – Obligations of the trader in the event of withdrawal

1. If the trader makes it possible for the consumer to notify withdrawal electronically, he shall send an acknowledgment of receipt without delay after receiving this notification.
2. The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay and within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may withhold reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever occurs first.
3. The trader shall use the same payment method for reimbursement as the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has stated this clearly with the offer, or at least in good time before the conclusion of the agreement:

1. Products or services whose price is subject to fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period
2. Agreements concluded during a public auction. A public auction means a sales method in which products, digital content and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which 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:
4. the performance has begun with the consumer’s express prior consent; and
5. the consumer has declared that he loses his right of withdrawal as soon as the trader has fully performed the agreement;
   1. 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, transport of goods, car rental services and catering;
   2. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;
   3. Products manufactured according to the consumer’s specifications, which are not prefabricated and are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
   4. Products that spoil quickly or have a limited shelf life;
   5. Custom-made planters made of polyester, wood or another type of material chosen;
   6. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
   7. Products that, by their nature, have been irrevocably mixed with other products after delivery;
   8. Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the trader has no control;
   9. Sealed audio, video recordings and computer software, whose seal has been broken after delivery;
   10. Newspapers, journals or magazines, with the exception of subscriptions thereto;
   11. The supply of digital content other than on a tangible medium, but only if:
   12. performance has begun with the consumer’s express prior consent; and
   13. the consumer has declared that by doing so he loses his right of withdrawal.
6. products that do not constitute a consumer purchase within the meaning of Section 7:5 of the Dutch Civil Code.

Article 11 – The price

1. During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
2. By way of derogation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no control, at variable prices. This dependency on fluctuations and the fact that any prices stated are indicative prices shall be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are permitted only if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are permitted only if the trader has stipulated this and:

1. they are the result of statutory regulations or provisions; or
2. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

1. The prices stated in the offer of products or services include VAT.

Article 12 – Performance of the agreement and additional guarantee

1. The trader 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 statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
2. An additional guarantee provided by the trader, its supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer may assert against the trader under the agreement if the trader has failed to perform its part of the agreement.
3. Additional guarantee means any commitment by the entrepreneur, its supplier, importer, or producer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to provide in the event that it has failed to fulfil its part of the agreement.

Article 13 – Delivery and performance

1. The entrepreneur shall exercise the greatest possible care when receiving and performing orders for products and when assessing applications for the provision of services.
2. The place of delivery shall be the address made known by the consumer to the entrepreneur.
3. With due observance of the provisions stated in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due speed but no later than within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled in part, the consumer shall be notified 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.
4. After dissolution in accordance with the previous paragraph, the entrepreneur shall promptly refund the amount paid by the consumer.
5. The risk of damage to and/or loss of products shall remain with the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Continuing transactions: duration, termination, and renewal

Termination:

1. The consumer may terminate an agreement entered into for an indefinite period and which extends to 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 fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, 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 limited to termination at a specific time or during a specific period;

–          at least in the same manner as they were entered into by him;

–          always with the same notice period as the entrepreneur has stipulated for itself.

Renewal:

1. An agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.
2. By way of derogation from the previous paragraph, an agreement entered into for a fixed period and which extends to the regular delivery of daily newspapers, news publications, weekly newspapers, and magazines may be tacitly renewed for a fixed term of no more than three months, if the consumer may terminate this renewed agreement towards the end of the renewal with a notice period of no more than one month.
3. An agreement entered into for a fixed period and which extends to the regular delivery of products or services may only be tacitly renewed for be extended for an indefinite period if the consumer may cancel at any time subject to a notice period of no more than one month. The notice period is no more than three months if the agreement provides for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. An agreement for a fixed term for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and ends automatically after the trial or introductory period.

Duration:

1. If an agreement has a term of more than one year, the consumer may cancel the agreement at any time after one year subject to a notice period of no more than one month, unless reasonableness and fairness preclude cancellation before the end of the agreed term.

Article 15 – Payment

1. Unless otherwise provided in the agreement or supplementary terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, if there is no 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 commences  on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged under general terms and conditions to make an advance payment of more than 50%. If advance payment has been stipulated, the consumer cannot assert any right regarding the performance of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer is obliged to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
4. If the consumer does not fulfil his payment obligation(s) on time, after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, and payment is not made within this 14-day period, the consumer shall owe statutory interest on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500.00; 10% on the next € 2,500.00; and 5% on the following € 5,000.00, with a minimum of € 40.00. The entrepreneur may deviate from the stated amounts and percentages in favour of the consumer.

Article 16 – Complaints Procedure

1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has identified the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur will be answered within 14 days calculated 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 acknowledgement of receipt and an indication of when the consumer can expect a more detailed reply.
4. If the complaint cannot be resolved by mutual consultation within a reasonable period or within 3 months after submission of the complaint, a dispute arises that is eligible for the disputes procedure.
5. In the event of complaints, a consumer must first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur, and in the event of complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl); it will mediate free of charge. Check whether this webshop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer has the option to have the complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur; its decision is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs, which must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

Article 17 – 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 recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.