Terms of service

General Terms and Conditions – 4Shine B.V.

Below you will find the official general terms and conditions of 4Shine B.V., because that’s simply part of doing business.
Feel free to read them through at your leisure, but also know that our goal is to simply make you a very satisfied customer.
So if anything comes up, before or after your order, just contact us and we’re sure we’ll 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 Reflection Period

  • Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

  • Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

  • Article 10 – Exclusion of the Right of Withdrawal

  • Article 11 – The Price

  • Article 12 – Fulfillment and Extra Guarantee

  • Article 13 – Delivery and Execution

  • Article 14 – Duration 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 – Amendments to the General Terms and Conditions Stichting Webshop Keurmerk

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

  • Supplementary 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 delivered by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;

  • Reflection period: the period within which the consumer can exercise their right of withdrawal;

  • Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or profession;

  • Day: calendar day;

  • Digital content: data produced and delivered in digital form;

  • Continuous contract: a contract that provides for the regular delivery of goods, services, and/or digital content over a certain period;

  • Durable medium: 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 tailored to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;

  • Right of withdrawal: the consumer's option to withdraw from the distance contract within the reflection period;

  • Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products, (access to) digital content and/or services to consumers remotely;

  • Distance contract: a contract concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content, and/or services, whereby up to and including the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication;

  • Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;

  • Means of distance communication: a method that can be used to conclude a contract without the consumer and entrepreneur being together in the same space at the same time.

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 a distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the distance contract is concluded, how the general terms and conditions can be viewed 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, then contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be provided 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, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer upon request, either electronically or by other means.

  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 case of conflicting conditions, the consumer may always rely on the provision that is most favorable to them.

Article 4 – The Offer

  1. If an offer is subject to a limited validity period or is made under specific conditions, this shall be explicitly 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 allow the consumer to properly assess the offer. If the entrepreneur uses images, they are a truthful representation of the products, services, and/or digital content offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

  3. Each offer includes information that makes it clear to the consumer what rights and obligations are associated with the acceptance of the offer.

Article 5 – The Agreement

  1. The agreement is concluded once the consumer accepts the offer and meets the conditions.

  2. If acceptance is electronic, the entrepreneur will confirm receipt electronically. Until this confirmation is received, the consumer can cancel the agreement.

  3. The entrepreneur ensures a secure digital environment for data transmission and payment.

  4. The entrepreneur may check if the consumer can meet their payment obligations and assess other relevant factors. If there is a valid reason, the entrepreneur may refuse the agreement or set conditions.

  5. Upon delivery, the entrepreneur provides the consumer with:

    • Contact details for complaints

    • Information on withdrawal rights and procedures

    • Warranty information

    • Total price and delivery details

    • Terms for contract termination (if applicable)

    • Withdrawal form (if applicable)

  6. In continuous agreements, this applies only to the first delivery.

Article 6 – Right of Withdrawal

For products:

  1. The consumer may withdraw from a purchase contract for a product within a reflection period of at least 14 days without giving any reason.

  2. The reflection period begins on the day after the consumer, or a third party designated by the consumer (not the carrier), receives the product, or:

    • if the order includes multiple products: the day the last product is received;

    • if the delivery consists of several shipments or parts: the day the last shipment or part is received;

    • for regular deliveries over a period: the day the first product is received.

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

  1. The consumer may withdraw from a contract for services or digital content not on a tangible medium within 14 days.

  2. The reflection period starts the day after the contract is concluded.

Extended reflection period in case of missing information:

  1. If the entrepreneur did not provide legally required withdrawal information or the withdrawal form, the reflection period expires 12 months after the original reflection period ends.

  2. If this information is provided within those 12 months, the reflection period ends 14 days after the consumer receives that information.

Article 7 – Obligations of the Consumer During the Reflection Period

  1. During the reflection period, the consumer must handle the product and packaging with care. Only the necessary handling to determine the product’s nature, characteristics, and functioning is allowed.

  2. The consumer is liable for any reduction in value caused by handling beyond what is permitted in paragraph 1.

  3. The consumer is not liable for any depreciation if the entrepreneur did not inform them of the withdrawal right before or at the time of the contract.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

  1. To use the right of withdrawal, the consumer must notify the entrepreneur within the reflection period, via the withdrawal form or clear statement.

  2. The consumer must return the product as soon as possible, and no later than 14 days after notifying the withdrawal.

  3. The product must be returned with all delivered accessories, in original condition and packaging if reasonably possible, following reasonable instructions from the entrepreneur.

  4. The consumer bears the risk and burden of proof for correct and timely exercise of the right.

  5. The consumer must pay return shipping costs unless the entrepreneur stated otherwise.

  6. If the consumer requests services or utility delivery to begin during the reflection period, they must pay proportionally for what was delivered until withdrawal.

  7. The consumer does not bear costs for services or utilities if:

    • the entrepreneur did not provide required withdrawal information;

    • the consumer did not explicitly agree to the early start of service.

  8. No costs are due for digital content not on a tangible medium if:

    • the consumer did not give prior explicit consent to begin during the reflection period;

    • the consumer did not acknowledge waiving their withdrawal right;

    • the entrepreneur failed to confirm this agreement.

  9. Upon withdrawal, any related contracts are automatically cancelled.

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

  1. If the entrepreneur allows electronic withdrawal notice, they must confirm receipt immediately.

  2. The entrepreneur refunds all payments, including delivery costs, within 14 days after withdrawal notice.

    • They may wait until the product is received or the consumer proves return shipment, whichever comes first.

  3. The refund is made using the same payment method used by the consumer unless agreed otherwise.

  4. If the consumer chose a more expensive delivery method, the entrepreneur is not obligated to refund the additional costs.

Article 10 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude certain products/services from the right of withdrawal, but only if clearly stated before the contract is concluded:

  • Products/services with price fluctuations outside the entrepreneur’s control;

  • Public auctions;

  • Fully performed service contracts with prior consumer consent and acknowledgment of waiver;

  • Non-residential accommodation or leisure services with a specific execution date;

  • Custom-made products based on consumer specifications;

  • Perishable or limited-shelf-life products;

  • Sealed products not suitable for return due to health or hygiene if unsealed;

  • Products mixed irreversibly with other products after delivery;

  • Alcoholic beverages with fluctuating market value;

  • Sealed audio/video or software unsealed after delivery;

  • Newspapers or magazines (excluding subscriptions);

  • Digital content not on a physical medium, if execution began with consent and acknowledgment of withdrawal waiver;

  • Products not considered consumer purchases under Dutch Civil Code 7:5.

Article 11 – The Price

  1. During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

  2. In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices when these are subject to fluctuations in the financial market that are beyond the entrepreneur’s control. This binding to fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.

  3. Price increases within 3 months after the agreement was concluded are only allowed if they result from legal regulations or provisions.

  4. Price increases after 3 months are only allowed if agreed upon, and:

    • they result from legal regulations or provisions; or

    • the consumer has the right to cancel the agreement starting from the date of the price increase.

  5. All prices mentioned in product or service offers include VAT.

Article 12 – Fulfillment and Extra Guarantee

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable standards of usability and/or reliability, and existing legal provisions and regulations at the date of contract formation.

  2. Any extra warranty provided by the entrepreneur, supplier, manufacturer, or importer never limits the legal rights of the consumer.

  3. “Extra warranty” refers to any commitment where the entrepreneur or related party grants the consumer certain rights or claims exceeding the legal obligations in case of failure to fulfill the contract.

Article 13 – Delivery and Execution

  1. The entrepreneur will exercise the greatest possible care when receiving and fulfilling product orders and when evaluating service requests.

  2. Delivery is made to the address specified by the consumer.

  3. Taking into account Article 4, the entrepreneur will process accepted orders promptly, but no later than within 30 days, unless a different delivery time was agreed. If delivery is delayed, or if an order cannot be fulfilled, the consumer will be informed within 30 days. The consumer has the right to cancel the agreement free of charge.

  4. In case of cancellation under the previous paragraph, the entrepreneur will refund the consumer without delay.

  5. The risk of product damage or loss remains with the entrepreneur until delivery to the consumer or a representative previously designated by the consumer, unless explicitly agreed otherwise.

Article 14 – Duration Transactions: Duration, Termination and Renewal

Termination:

  1. The consumer may terminate a contract for an indefinite period concerning regular delivery of products or services at any time, observing agreed notice rules and a maximum notice period of one month.

  2. The consumer may terminate a contract for a fixed period at the end of that period, observing a notice period of no more than one month.

  3. The consumer may terminate the agreements from the previous points:

    • at any time;

    • in the same manner as the agreement was entered into;

    • with a notice period equal to that set for the entrepreneur.

Renewal:

  1. A contract for a fixed period for regular delivery of products or services may not be renewed or extended automatically.

  2. Exceptions:

    • Daily, news, or weekly publications may be extended by a maximum of three months, with consumer's right to cancel before the extension ends.

    • For an indefinite renewal, the consumer may cancel at any time with one month's notice (three months if less than monthly delivery).

    • Trial subscriptions end automatically and are not renewed without explicit consent.

Duration:

  1. If a contract exceeds one year, the consumer may cancel after one year at any time, with a notice period of no more than one month, unless fairness and reasonableness oppose cancellation before the agreed term.

Article 15 – Payment

  1. Unless otherwise agreed, the consumer must pay within 14 days after the reflection period begins, or if none applies, within 14 days of contract formation.

  2. For product sales, consumers cannot be required to pay more than 50% in advance. Delivery or service execution may be withheld until the advance payment is made.

  3. Consumers must promptly report inaccuracies in payment data provided.

  4. If payment is not made on time, and the consumer has been reminded and given 14 days to comply, statutory interest and collection fees may be charged:

    • 15% of the outstanding amount up to €2,500;

    • 10% on the next €2,500;

    • 5% on the next €5,000;

    • with a minimum of €40.

The entrepreneur may deviate favorably for the consumer.

Article 16 – Complaints Procedure

  1. The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this procedure.

  2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.

  3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will send a confirmation of receipt and an indication of when the consumer can expect a more detailed answer within 14 days.

  4. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after submission, a dispute arises that is subject to dispute resolution.

  5. In case of complaints, the consumer must first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and the complaint cannot be resolved by mutual agreement, the consumer can contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge.

  6. If resolution is still not reached, the consumer may submit the complaint to the independent dispute committee appointed by Stichting WebwinkelKeur. Its decision is binding, and both entrepreneur and consumer agree to this binding judgment.

  7. Submitting a dispute to this committee involves costs that the consumer must pay.

  8. Complaints can also be submitted via the European ODR platform: http://ec.europa.eu/odr.

Article 17 – Disputes

  1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

  2. Even if the consumer resides abroad, Dutch law applies.

  3. The Vienna Sales Convention (CISG) does not apply.

Article 18 – Industry Guarantee

  1. Stichting Webshop Keurmerk guarantees the obligations of its members as laid out in these terms and conditions, unless the member is under suspension or has been removed.

  2. If the entrepreneur does not fulfill obligations within 2 months of a written reminder, the consumer may turn to Stichting Webshop Keurmerk, who will intervene on behalf of the consumer.

  3. This guarantee applies only to consumers within the EU and only if they have first filed a complaint directly with the entrepreneur.

  4. Excluded are:

    • bankruptcy, suspension of payments, or cessation of the entrepreneur;

    • agreements for services or digital content that are not supplied on a tangible medium.

Article 19 – Additional or Deviating Provisions

Additional or deviating provisions must not be to the consumer’s disadvantage and must be documented in writing or in a way that allows the consumer to store them accessibly on a durable medium.

Article 20 – Amendments to the General Terms and Conditions Stichting Webshop Keurmerk

  1. Stichting Webshop Keurmerk will only change these terms and conditions after consulting with the Consumers' Association.

  2. Changes will not take effect until they are published in an appropriate manner.

  3. For ongoing contracts, the version that was in force at the time of contract conclusion will apply, unless the consumer accepts the revised version.