Privacy policy
WE THINK YOUR PRIVACY IS IMPORTANT!
IBANA will always protect the privacy of its users, and we guarantee that personal data is handled securely and safely. This statement explains how we collect information about you, what we do with it, and what control options you have.
Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Consumer’s obligations during the withdrawal period
Article 8 – Exercise of the right of withdrawal by the consumer and the costs involved
Article 9 – Trader’s obligations upon withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Compliance and additional guarantee
Article 13 – Delivery and performance
Article 14 – Payment
Article 15 – Complaints procedure
Article 16 – Disputes
Article 17 – Industry guarantee
Article 18 – Supplementary or deviating provisions
ARTICLE 1 – DEFINITIONS
For the purposes of these terms and conditions, the following definitions apply:
1. Supplementary contract: a contract under 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 trader or by a third party on the basis of an agreement between that third party and the trader;
2. Withdrawal period: the period during which the consumer may exercise their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Contract for regular supply: a contract that provides for the regular delivery of goods, services and/or digital content for a specified period;
7. Durable data carrier: any tool – including email – that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation or use for a period suited to the purpose for which the information is intended, and that enables unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer’s option to withdraw from the distance contract within the withdrawal period;
9. Trader: the natural person or legal entity that is a member of Stichting Webshop Keurmerk and offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: a contract concluded between the trader and the consumer within the framework of an organised distance sales system for products, digital content and/or services, whereby, up to and including the conclusion of the contract, exclusive or additional use is made of one or more means of communication at a distance;
11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions;
12. Means of communication at a distance: means that can be used to conclude a contract without the consumer and the trader having to be together in the same room at the same time;
ARTICLE 2 – IDENTITY OF THE TRADER
Ibana b.v. Trading under the name(s): IBANA
Registered office and visitor address:
Rigakade 20-4 1013 BC Amsterdam
Telephone number: 020 615 00 05
Available: Monday to Thursday from 9:00 a.m. to 5:00 p.m.
and Friday until 4:00 p.m.
Email: webshop@ibana.nl
Chamber of Commerce number: 34287030
VAT identification number: NL NL822241092
ARTICLE 3 – APPLICABILITY
1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader 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 trader will indicate how the general terms and conditions can be inspected at the trader’s premises and that, at the consumer’s request, they will be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, by way of 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 the consumer can easily save it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that, at the consumer’s request, they will be sent free of charge electronically or by other means.
4. If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, paragraphs 2 and 3 shall 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 shall 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 properly assess the offer. If the trader uses images, these must be a faithful representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the trader.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are connected with accepting the offer.
ARTICLE 5 – THE CONTRACT
1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set for it.
2. If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of acceptance of the offer electronically. Until receipt of this acceptance has been confirmed by the trader, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures for this purpose.
4. The trader may, within the limits of the law, verify whether the consumer can meet their payment obligations, as well as all 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 contract, they are entitled to refuse an order or request, giving reasons, or attach special conditions to its performance.
5. No later than upon delivery of the product, service or digital content, the trader shall provide the consumer with the following information, in writing or in such a way that the consumer can store it accessibly on a durable medium:
a. the visiting address of the trader's business premises where the consumer can submit complaints;
b. the conditions under which and the manner in which the consumer may exercise the right of cancellation, or a clear statement concerning the exclusion of the right of cancellation;
c. information about guarantees and existing after-sales service;
d. the price including all taxes for the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance agreement;
e. the requirements for terminating the agreement if the agreement is for more than one year or is of indefinite duration; f. if the consumer has a right of cancellation, the model cancellation form.
6. In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
ARTICLE 6 – RIGHT OF CANCELLATION
You have the right to cancel the agreement within a period of 14 days without giving any reason.
General information:
To exercise the right of cancellation, you must inform us (Ibana B.V., Rigakade 20-4, 1013 HG, Amsterdam – Netherlands, webshop@ibana.nl, Phone: +31 (0)20 615 00 05 by means of an unequivocal statement (e.g. in writing by post, fax or email) informing us of your decision to cancel the agreement. You may use the attached return form for this purpose, but you are not obliged to do so. To comply with the cancellation period, it is sufficient to send your notification concerning your exercise of the right of cancellation before the cancellation period has expired.
For products:
1. The consumer may cancel an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The trader may ask the consumer for the reason for cancellation, but may not require the consumer to state their reason(s).
2. The cooling-off period referred to in paragraph 1 begins 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:
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, received the last product. The trader may refuse an order for several products with different delivery times, provided that they have clearly informed the consumer of this before the ordering process.
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, received the last shipment or the last part;
c. for agreements concerning the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by them, received the first product.
Consequences of withdrawal:
After you withdraw from the agreement, we will refund the payments you have made up to that point without undue delay and in any event no later than 14 days after we have been informed of your decision to withdraw from the agreement. We will refund you using the same payment method you used for the original transaction, unless you have expressly agreed otherwise; in any event, you will not be charged any fees for such refunds. We may wait with the refund until we have received the goods back or you have demonstrated that you have sent the goods back, whichever occurs first. You are only liable for any reduction in the value of the goods resulting from handling the goods beyond what is necessary to establish their nature, characteristics and functioning.
ARTICLE 7 – CONSUMER’S OBLIGATIONS DURING THE WITHDRAWAL PERIOD
1. During the withdrawal period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to establish its nature, characteristics and functioning. The guiding principle is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
2. The consumer is only liable for any reduction in the value of the product resulting from handling the product in a way that goes beyond what is permitted under paragraph 1.
3. The consumer is not liable for any reduction in the value of the product if the trader has not provided them, 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 INVOLVED
1. If the consumer exercises their right of withdrawal, they must notify the trader of this within the withdrawal period using the model withdrawal form or in another unequivocal manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to the trader (or an authorised representative). This is not required if the trader has offered to collect the product themselves. The consumer has in any event complied with the return period if they return the product before the withdrawal period has expired.
3. The consumer must return the product with all accessories supplied, 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 bears the direct costs of returning the product. If the trader has not notified the consumer that they must bear these costs or if the trader indicates that they will bear the costs themselves, the consumer does not have to bear the return costs.
ARTICLE 9 – THE TRADER’S OBLIGATIONS IN THE EVENT OF WITHDRAWAL
1. If the trader enables the consumer to notify them of the withdrawal electronically, they will immediately send an acknowledgement of receipt after receiving this notification.
2. The trader will refund all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay and in any event within 14 days following the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product themselves, they may wait to issue the refund until they have received the product or until the consumer demonstrates that they have returned the product, whichever occurs first.
3. The trader will use the same payment method for the refund as the consumer used, unless the consumer agrees to another method. The refund will not incur any costs for the consumer.
4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the trader is not required to refund 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 clearly stated this in the offer, or at least in good time before concluding the agreement:
1. Products or services whose price is subject to fluctuations on the financial market over which the trader has no influence and which may occur during the withdrawal period;
2. Products made according to the consumer’s specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
ARTICLE 11 – THE PRICE
1. During the validity period stated in the offer, the prices of the products and/or services offered will 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 at variable prices if their prices are subject to fluctuations on the financial market over which the trader has no influence. This link to fluctuations and the fact that any prices stated are indicative prices are mentioned in the offer.
3. Price increases within 3 months after the agreement was concluded are permitted only if they result from statutory regulations or provisions.
4. Price increases from 3 months after the agreement was concluded are permitted only if the trader has stipulated this and: a. they result from statutory regulations or provisions; or b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices of the products or services stated in the offer 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 in force 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, the trader’s supplier, manufacturer or importer never limits the consumer’s statutory rights and claims against the trader under the agreement if the trader has failed to fulfil its part of the agreement.
3. An additional guarantee means any undertaking by the trader, its supplier, importer, or producer under which it grants the consumer certain rights or claims that go beyond what it is legally required to provide if it has failed to fulfil its part of the agreement.
ARTICLE 13 – DELIVERY AND PERFORMANCE
1. The trader will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The delivery address is the address that the consumer has provided to the trader.
3. Subject to the provisions of Article 4 of these general terms and conditions, the trader will execute accepted orders with due haste, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. After termination in accordance with the previous paragraph, the trader will refund the amount paid by the consumer without delay. 5. The risk of damage to and/or loss of products rests with the trader until the products are delivered to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
ARTICLE 14 – PAYMENT
1. Unless otherwise stipulated in the agreement or additional terms and conditions, amounts owed by the consumer must be paid within 14 days after the cooling-off period begins, or, if there is no cooling-off period, within 14 days after the agreement is concluded.
2. When selling products to consumers, the consumer may never be required under general terms and conditions to pay more than 50% in advance. If advance payment has been agreed, the consumer may not assert any rights concerning the performance of the relevant order or service(s) until the agreed advance payment has been made.
3. The consumer is obliged to report any inaccuracies in the payment details provided or stated to the trader without delay.
4. If the consumer fails to meet their payment obligation(s) on time, after the trader has pointed out the late payment and granted the consumer a period of 14 days to fulfil their payment obligations, and payment remains outstanding after this 14-day period, the consumer shall owe statutory interest on the amount still due, and the trader shall be entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the following € 5,000, with a minimum of € 40. The trader may deviate from the stated amounts and percentages to the consumer’s benefit.
ARTICLE 15 – COMPLAINTS PROCEDURE
1. The trader 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 trader in full and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the trader’s customer service may also be submitted via a complaint form on the consumer page of the Stichting Webshop Keurmerk website (https://keurmerk.info/Home/MisbruikOfKlacht). The complaint will then be sent both to the relevant trader and to Stichting Webshop Keurmerk.
5. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months of its submission, a dispute shall arise that is subject to the dispute resolution procedure.
ARTICLE 16 – DISPUTES
1. Agreements between the trader and the consumer to which these general terms and conditions relate shall be governed exclusively by Dutch law.
2. Disputes between the consumer and the trader concerning the conclusion or performance of agreements relating to products and services to be supplied or supplied by this trader may, subject to the provisions below, be submitted by either the consumer or the trader to the Webshop Disputes Committee, P.O. Box 90600, 2509 LP The Hague (www.sgc.nl).
3. The Disputes Committee will only examine a dispute if the consumer has first submitted their complaint to the trader within a reasonable period.
4. The dispute must be submitted in writing to the Disputes Committee no later than twelve months after it arose.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by this choice. If the trader wishes to do so, the consumer must state in writing, within five weeks of a written request to that effect from the trader, whether they also wish to do so or whether they wish to have the dispute heard by the competent court. If the trader does not receive the consumer’s choice within the five-week period, the trader is entitled to submit the dispute to the competent court.
6. The Disputes Committee shall issue its decision under the conditions laid down in the Disputes Committee’s regulations (https://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop). The Disputes Committee’s decisions are issued by way of binding advice.
7. The Disputes Committee will not examine a dispute, or will discontinue its examination, if the trader has been granted a suspension of payments, has been declared bankrupt, or has effectively ceased its business activities before the dispute has been heard by the committee and a final decision has been issued.
8. If, in addition to the Webshop Disputes Committee, another recognized disputes committee or a disputes committee affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Financial Services Complaints Institute (Kifid) has jurisdiction, the Geschillencommissie Stichting Webshop Keurmerk shall have preference for disputes primarily concerning the method of sale or the provision of services at a distance. For all other disputes, the other recognized disputes committee affiliated with the SGC or Kifid shall have jurisdiction.
9. The European Commission provides a platform for online dispute resolution. You can find this platform at https://ec.europa.eu/consumers/odr/ . Consumers of Ibana B.V. (www.ibana.com, Rigakade 20-4, 1013 BC, Amsterdam – Netherlands, webshop@ibana.nl , Telephone: +31 (0)20 615 00 05) have the option of using this platform to resolve disputes.
ARTICLE 17 – INDUSTRY GUARANTEE
1. Stichting Webshop Keurmerk guarantees compliance by its members with the binding decisions of the Disputes Committee Stichting Webshop Keurmerk, unless the member decides to submit the binding decision to the court for review within two months of its dispatch. This guarantee is reinstated if the binding decision remains in force after review by the court and the judgment confirming this has become final and conclusive. Up to a maximum amount of €10,000 per binding decision, this amount will be paid to the consumer by Stichting Webshop Keurmerk. For amounts exceeding €10,000 per binding decision, €10,000 will be paid. For the remainder, Stichting Webshop Keurmerk is obliged to use its best efforts to ensure that the member complies with the binding decision.
2. For this guarantee to apply, the consumer must submit a written claim to Stichting Webshop Keurmerk and assign their claim against the trader to Stichting Webshop Keurmerk. If the claim against the trader exceeds €10,000, the consumer will be offered the option of assigning to Stichting Webshop Keurmerk the portion of the claim exceeding €10,000, after which this organization will seek payment thereof in court in its own name and at its own expense for payment to the consumer.
ARTICLE 18 – 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 medium.
APPENDIX I: MODEL WITHDRAWAL FORM
Model withdrawal form (complete and return this form only if you wish to withdraw from the agreement)
– To:
IBANA
for the attention of Webshop
Rigakade 20-4
1013 BC Amsterdam
webshop@ibana.nl
– I/We* hereby notify you that I/we* revoke our agreement concerning
the sale of the following products: [description of product]*revoke/revokes*
– Ordered on*/received on* [date of order for services or receipt for products]
– [Naam consumenten(en)]
– [Adres consument(en)]
– [Signature of consumer(s)] (only when this form is submitted on paper)
* Cross out what does not apply or fill in what does apply.