Terms of service

These general terms and conditions apply to every purchase made on this website. They contain important information for our customers. Please read them carefully. 

TABLE OF CONTENTS:

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 thereof 
Article 9 – Trader’s obligations in the event of withdrawal 
Article 10 – Exclusion of the right of withdrawal 
Article 11 – The price 
Article 12 – Compliance and additional warranty 
Article 13 – Delivery and performance 
Article 14 – Payment 
Article 15 – Complaints procedure 
Article 16 – Disputes 
Article 17 – Industry guarantee 
Article 18 – Additional or different provisions 

ARTICLE 1 – DEFINITIONS In these terms and conditions, the following definitions apply: 

1. Ancillary agreement: an agreement 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 arrangement 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 supplied in digital form; 

6. Contract of indefinite duration: a contract that provides for the regular supply of goods, services and/or digital content over a specified period; 

7. Durable data carrier: any tool – including e-mail – 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 allows the unchanged reproduction of the stored information; 

8. Right of withdrawal: the consumer’s option to cancel 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 organized system for the distance sale of 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 place at the same time; 

ARTICLE 2 – IDENTITY OF THE TRADER 

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 consulted at the trader’s premises and that they will be sent free of charge as soon as possible at the consumer’s 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 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 consulted electronically and that they will be sent free of charge, at the consumer’s request, 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 rely on the applicable provision that is most favourable 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 truthful 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 attached to 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 the 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 organisational 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. Within the statutory framework, the trader may ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the trader has good grounds not to enter into the contract, the trader is entitled to refuse an order or request with reasons, or to 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 in an accessible manner on a durable medium:

a. the business address of the trader's establishment where the consumer may submit complaints;

b. the conditions under which and the manner in which the consumer may exercise the right of cancellation, or a clear statement regarding the exclusion of the right of cancellation;

c. information about guarantees and existing after-sales service;

d. 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 agreement;

e. the requirements for terminating 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 cancellation, the model cancellation form.

6. In the case of a subscription, 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 reasons. 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, Telephone: +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 enclosed 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 communication 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 reasons. The trader may ask the consumer about the reason for cancellation, but may not oblige 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 the consumer, received the last product. The trader may, provided that the consumer has been clearly informed of this before the ordering process, refuse an order for several products with different delivery times. 

b. if delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by the consumer, received the last shipment or the last part; 

c. for agreements involving the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by the consumer, received the first product. 

Consequences of withdrawal: 
After you withdraw from the agreement, we will reimburse you 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, all payments you have made up to that point. We will reimburse you using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise; in any event, you will not be charged any fees for such reimbursement. 

We may delay reimbursement until we have received the goods back, or until you have demonstrated that you have sent the goods back, whichever is earlier. 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 operation. 

ARTICLE 7 – THE CONSUMER'S OBLIGATIONS DURING THE WITHDRAWAL PERIOD 

1. During the withdrawal period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to establish its nature, characteristics and operation. The principle here 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 manner 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 the consumer with all legally required information about the right of withdrawal before or at the time the agreement was concluded. 

ARTICLE 8 – EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND THE ASSOCIATED COSTS 

1. If the consumer exercises their right of withdrawal, they must notify the business within the cooling-off period by using the model withdrawal form or by any other unambiguous means. 

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 the business (or its authorised representative). This is not required if the business has offered to collect the product itself. The consumer has in any event complied with the return period if they return the product before the cooling-off period has expired. 

3. The consumer shall return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the business. 

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 business has not informed the consumer that they must bear these costs, or if the business states that it will bear the costs itself, the consumer does not have to bear the return costs. 

ARTICLE 9 – OBLIGATIONS OF THE BUSINESS IN THE EVENT OF WITHDRAWAL 

1. If the business enables the consumer to notify it of the withdrawal electronically, it shall send an acknowledgement of receipt without undue delay after receiving the notification. 

2. The business shall reimburse all payments made by the consumer, including any delivery costs charged by the business for the returned product, without undue delay and no later than 14 days after the day on which the consumer notifies the business of the withdrawal. Unless the business offers to collect the product itself, it may wait with the refund until it has received the product or until the consumer demonstrates that they have returned the product, whichever occurs first. 

3. The business shall use the same payment method for the refund as the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

 
4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the business does not have to reimburse the additional costs for the more expensive method. 

ARTICLE 10 – EXCLUSION OF THE RIGHT OF WITHDRAWAL 

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

1.\u00a0Products or services whose price is linked to fluctuations on a financial market over which the trader has no control and which may occur during the withdrawal period;\u00a0

2.\u00a0Products made to the consumer’s specifications that are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or that are clearly intended for a specific person;\u00a0

ARTICLE 11 – THE PRICE\u00a0

1.\u00a0During 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.\u00a0

2.\u00a0By way of derogation from the previous paragraph, the trader may offer products or services at variable prices if their prices are linked to fluctuations on the financial market over which the trader has no control. This link to fluctuations and the fact that any prices stated are indicative prices are mentioned in the offer.\u00a0

3.\u00a0Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.\u00a0

4.\u00a0Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and: a. they result from statutory regulations or provisions; or\u00a0b. the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.\u00a0

5.\u00a0The prices stated in the offer for products or services include VAT.\u00a0

6. The welcome and birthday discount codes are not valid on discounted items.\u00a0

ARTICLE 12 – PERFORMANCE OF THE AGREEMENT AND ADDITIONAL GUARANTEE\u00a0

1.\u00a0The trader warrants 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. Where agreed, the trader also warrants that the product is suitable for use other than normal use.\u00a0

2.\u00a0An 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 their part of the agreement.\u00a0

3. An additional guarantee means any commitment by the trader, their supplier, importer, or producer under which they grant the consumer certain rights or claims that go beyond what they are legally required to provide if they have failed to fulfil their part of the agreement. 

ARTICLE 13 – DELIVERY AND PERFORMANCE 

1. The trader shall exercise the greatest possible care when receiving and fulfilling orders for products and when assessing applications for the provision of services. 

2. The place of delivery is the address that the consumer has provided to the trader. 

3. Taking into account the provisions of Article 4 of these general terms and conditions, the trader shall execute accepted orders with due speed, 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 fulfilled or can only be fulfilled 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 to claim any compensation. 

4. Following termination in accordance with the previous paragraph, the trader shall promptly refund the amount paid by the consumer. 

5. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise. If the consumer makes use of permission to leave the package at delivery, any rights lapse, and the consumer assumes the risk themselves.

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 no cooling-off period applies, within 14 days after the agreement is concluded. 

2. When selling products to consumers, the consumer may never be required in general terms and conditions to make an advance payment of more than 50%. 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 fulfill their payment obligation(s) on time, then, after the trader has pointed out the late payment and granted the consumer a period of 14 days to still fulfill their payment obligations, and payment has not been made within this 14-day period, the consumer will owe statutory interest on the outstanding amount, and the trader is 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 following € 2,500 and 5% on the next € 5,000, with a minimum of € 40. The trader may deviate from the stated amounts and percentages in favor of the consumer. 

ARTICLE 15 – COMPLAINTS PROCEDURE 

1. The trader has a sufficiently publicized 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 fully and clearly described within a reasonable period after the consumer has discovered the defects. 

3. Complaints submitted to the trader will be answered within 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 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 trader's 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 submitting the complaint, a dispute arises that is subject to the dispute resolution procedure. 

ARTICLE 16 – DISPUTES 

1. Dutch law exclusively applies to agreements between the trader and the consumer to which these general terms and conditions relate. 

2. Disputes between the consumer and the business concerning the formation or performance of agreements relating to products and services to be supplied or supplied by this business may, subject to the provisions below, be submitted by either the consumer or the business to the Webshop Disputes Committee, P.O. Box 90600, 2509 LP The Hague (www.sgc.nl). 

3. The Disputes Committee will only consider a dispute if the consumer has first submitted their complaint to the business within a reasonable period. 

4. The dispute must be submitted to the Disputes Committee in writing no later than twelve months after it arose. 

5. If the consumer wishes to submit a dispute to the Disputes Committee, the business is bound by this choice. If the business wishes to do so, the consumer must state in writing, within five weeks of a written request to that effect from the business, whether they also wish to do so or wish to have the dispute heard by the competent court. If the business does not receive the consumer's choice within the five-week period, the business is entitled to submit the dispute to the competent court. 

6. The Disputes Committee shall issue its decision under the conditions set out in the Disputes Committee's rules (https://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop). The decisions of the Disputes Committee are issued as binding advice. 

7. The Disputes Committee will not handle a dispute, or will discontinue its handling, if the business 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 one affiliated with the Foundation for Consumer Complaints Boards (SGC) or the Financial Services Complaints Institute (Kifid) has jurisdiction, the Webshop Quality Mark Foundation Disputes Committee shall have preferred jurisdiction 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 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 for dispute resolution. 

ARTICLE 17 – INDUSTRY GUARANTEE 

1. Stichting Webshop Keurmerk guarantees compliance by its members with the binding decisions of the Disputes Committee of 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 excess amount, Stichting Webshop Keurmerk is obliged to use its best efforts to ensure that the member complies with the binding decision. 

2. To invoke this guarantee, 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 their claim exceeding €10,000, after which this organisation will seek payment in court in its own name and at its own expense for the benefit of 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 the consumer can store them accessibly on a durable medium. 

ANNEX I: MODEL WITHDRAWAL FORM 

Model withdrawal form (complete and return this form only if you wish to revoke 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* a contract 
– Ordered on*/received on* [date of order for services or date of receipt for products] 
– [Naam consumenten(en)] 
– [Adres consument(en)]
– [Consumer signature(s)] (only when this form is submitted on paper) 
*Cross out what does not apply or complete what does apply.