Terms of service

Ancillary 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 under an agreement between that third party and the trader;
Withdrawal period: the period during which the consumer may 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 supplied in digital form;
Subscription contract: a contract that provides for the regular supply of goods, services and/or digital content during a specified period;
Durable medium: 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 appropriate to the purpose for which the information is intended, and that enables the unchanged reproduction of the stored information;
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the withdrawal period;
Trader: the natural or legal person who is a member of the Feedback Company Keurmerk and offers products, (access to) digital content and/or services remotely to consumers;
Distance contract: a contract concluded between the trader 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, up to and including the conclusion of the contract, of one or more means of distance communication;
Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not need to be made available if the consumer has no right of withdrawal in relation to their order;
Technology for distance communication: a means that can be used to conclude an agreement without the consumer and the entrepreneur having to be present in the same place at the same time.

Article 2 – Identity of the entrepreneur Name of entrepreneur: IPcam-shop B.V.

Trading under the name(s):

- IPcam-shop.nl

Registered address:

Cruquiuszoom 51

2142EW Cruquius

Telephone number: 023-230 2040

Availability:

Monday to Friday from 09:30 to 16:30

Email address: info@ipcam-shop.nl

Chamber of Commerce number: 57688834

VAT number: NL852691853B01

If the entrepreneur’s activity is subject to a relevant licensing system: the details of the supervisory authority.

If the entrepreneur practices a regulated profession:

the professional association or organization of which they are a member;
the professional title, the place in the EU or the European Economic Area where it was awarded;
a reference to the professional rules applicable in the Netherlands and information on where and how these professional rules can be accessed.

Article 3 – Applicability

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.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be inspected at the entrepreneur’s premises and that, at the consumer’s request, they will be sent free of charge as soon as possible.
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, the consumer will be informed 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 by other means.
If, in addition to these general terms and conditions, specific product or service terms also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.

Article 4 – The offer

If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.
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 shall be a truthful representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the trader.
Each offer shall contain such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and fulfils the conditions set for it.
If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance electronically. Until receipt of this acceptance has been confirmed by the trader, the consumer may dissolve the agreement.
If the agreement 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.
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 agreement. If, based on this investigation, the trader has good grounds not to enter into the agreement, the trader is entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.
The trader shall provide the consumer, at the latest upon delivery of the product, service or digital content, with the following information in writing or in such a way that the consumer can store it accessibly on a durable medium:
the visiting address of the trader’s establishment where the consumer can submit complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service;
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;
the requirements for terminating the agreement if the agreement has a term of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuing transaction, the provision in the preceding paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

For products:

The consumer may terminate an agreement concerning the purchase of a product during a withdrawal period of at least 14 days without giving reasons. The trader may ask the consumer about the reason for withdrawal, but may not require the consumer to state the reason(s).
The withdrawal period referred to in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, received the product, or:
if the consumer has ordered multiple 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 refuse an order for multiple products with different delivery times, provided that the trader clearly informed the consumer of this before the ordering process.
if the 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;

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.

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

The consumer may terminate an agreement for services and an agreement for the supply of digital content not supplied on a tangible medium within a minimum period of 14 days without giving reasons. The trader may ask the consumer about the reason for withdrawal, but may not require the consumer to state the reason(s).
The withdrawal period referred to in paragraph 3 begins on the day following the conclusion of the agreement.

Extended withdrawal period for products, services and digital content not supplied on a tangible medium when the consumer has not been informed about the right of withdrawal:

If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the withdrawal period expires twelve months after the end of the original withdrawal period established in accordance with the preceding paragraphs of this article.
If the trader has provided the consumer with the information referred to in the preceding paragraph within twelve months of the starting date of the original withdrawal period, the withdrawal period expires 14 days after the day on which the consumer received that information.

Article 7 - Consumer’s obligations during the withdrawal period

During the withdrawal period, the consumer shall handle the product and 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.
The consumer shall only be liable for any reduction in the value of the product resulting from handling the product in a manner exceeding that permitted in paragraph 1.
The consumer shall not be liable for any reduction in the value of the product if the trader did not provide them, before or at the conclusion of the agreement, with all legally required information about the right of withdrawal.

Article 8 - Exercise of the consumer's right of withdrawal and the associated costs

If the consumer exercises their right of withdrawal, they shall notify the trader of this within the withdrawal period by means of the model withdrawal form or in another unequivocal manner.
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 trader or an authorized representative of the trader. This is not required if the trader has offered to collect the product. The consumer has in any event observed the return period if they return the product before the withdrawal period has expired.
The consumer shall 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.
The risk and burden of proof for the proper and timely exercise of the right of withdrawal shall lie with the consumer.
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 it will bear the costs itself, the consumer shall not bear the costs of returning the product.
If the consumer withdraws after first expressly requesting that the performance of the service or the supply of gas, water or electricity that is not prepared for sale in a limited volume or a specific quantity begin during the withdrawal period, the consumer shall owe the trader an amount proportionate to the part of the obligation fulfilled by the trader at the time of withdrawal, compared with full performance of the obligation.
The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity that are not prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
the trader has not provided the consumer with the legally required information about the right of withdrawal, reimbursement of costs upon withdrawal, or the model withdrawal form, or;
the consumer has not expressly requested the service to begin or the supply of gas, water, electricity or district heating during the withdrawal period.
The consumer shall bear no costs for the full or partial supply of digital content not supplied on a tangible medium if:
the consumer has not expressly agreed, before delivery, to begin performance of the contract before the end of the withdrawal period;
the consumer has not acknowledged that they will lose their right of withdrawal when providing their consent; or
the trader failed to confirm this statement by the consumer.
If the consumer exercises the right of withdrawal, all supplementary contracts shall be automatically terminated.

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

If the trader enables the consumer to notify withdrawal electronically, the trader shall promptly send an acknowledgement of receipt after receiving the notification.
The trader shall reimburse 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 of the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product, the trader may postpone the refund until receiving the product or until the consumer provides evidence that the product has been returned, whichever is earlier.
The trader uses the same means of payment for the refund as the consumer used, unless the consumer agrees to another method. The refund is free of charge to the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader is not required 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 clearly stated this when making the offer, or at the latest in good time before concluding the contract:

Products or services whose price depends on fluctuations in the financial market over which the trader has no control and which may occur during the withdrawal period
Contracts concluded during a public auction. A public auction means a method of sale whereby products, digital content and/or services are offered by the trader to consumers who are personally present or are given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
Service contracts, after the service has been fully performed, but only if:
performance has begun with the consumer’s express prior consent; and
the consumer has declared that they waive their right of withdrawal once the trader has fully performed the agreement.
Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period for their performance and other than for residential purposes, goods transport, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period for their performance;
Products made 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;
Products that deteriorate rapidly or have a limited shelf life;
Sealed products that are unsuitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that, after delivery, by their nature become irrevocably mixed with other products;
Alcoholic beverages whose price was agreed upon when the agreement was concluded, but whose delivery can take place only after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no influence;
Sealed audio or video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, periodicals or magazines, except for subscriptions to them;
The supply of digital content other than on a tangible medium, but only if:
performance has begun with the consumer’s express prior consent; and

the consumer has declared that they thereby waive their right of withdrawal

Article 11 – The price

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.
By way of derogation from the preceding paragraph, the trader may offer products or services at variable prices when their prices are subject to fluctuations in the financial market over which the trader has no influence. This exposure to fluctuations, and the fact that any prices quoted are indicative prices, will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are permitted only if the trader has stipulated this and:
it results from statutory regulations or provisions; or
the consumer has the right to terminate the agreement effective on the day the price increase takes effect.
The prices for products or services stated in the offer include VAT.

Article 12 – Performance of the agreement and additional guarantee

The 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. If agreed, the trader also warrants that the product is suitable for use other than normal use.
An additional guarantee provided by the trader, the trader’s supplier, manufacturer or importer shall never limit the statutory 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.
An additional guarantee means any commitment by the trader, the trader’s supplier, importer or producer under which that party grants the consumer certain rights or claims that go beyond those it is legally required to provide if it has failed to perform its part of the agreement.

Article 13 – Delivery and performance

The trader shall exercise the utmost care when receiving and fulfilling orders for products and when assessing applications for the provision of services.
The delivery address is the address that the consumer has provided to the trader.
Subject to the provisions of Article 4 of these general terms and conditions, the trader shall execute accepted orders with due haste and 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 be fulfilled only partially, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without charge and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the trader shall promptly refund the amount paid by the consumer.
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.

Article 14 – Ongoing transactions: duration, cancellation and renewal

Cancellation:

The consumer may cancel an agreement concluded for an indefinite period and relating to the regular delivery of products (including electricity) or services at any time, subject to the agreed cancellation rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a fixed term that provides for the regular delivery of products (including electricity) or services at any time before the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
- terminate at any time and not be limited to termination at a specific time or during a specific period;
- at least terminate in the same manner in which they entered into it;
- always terminate with the same notice period as the business stipulated for itself.

Extension:

An agreement entered into for a fixed term that provides for the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed term.
By way of derogation from the previous paragraph, an agreement entered into for a fixed term that provides for the regular delivery of daily, news and weekly newspapers and magazines may be automatically extended for a fixed term of no more than three months, if the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a fixed term that provides for the regular delivery of products or services may be automatically extended for an indefinite period only if the consumer may terminate it at any time with 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 delivery, but less than once a month, of daily, news and weekly newspapers and magazines.
An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not automatically extended and ends automatically after the trial or introductory period.

Term:

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

Article 15 - Payment

Unless otherwise stipulated in the agreement or additional terms, amounts owed by the consumer must be paid within 14 days after the withdrawal period begins, or, if there is no withdrawal period, within 14 days after the agreement is concluded. In the case of an agreement for the provision of a service, this period begins on the day after the consumer receives confirmation of the agreement.
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 regarding the performance of the relevant order or service(s) until the agreed advance payment has been made.
The consumer is obliged to report any inaccuracies in the payment details provided or stated to the business without delay.
If the consumer fails to meet their payment obligation(s) on time, they owe statutory interest on the outstanding amount after the business has notified them of the late payment and granted them a period of 14 days, starting on the day after receipt of the demand for payment, to fulfill their payment obligations. If payment is not made within this 14-day period, the business is entitled to charge the extrajudicial collection costs it has 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 business may deviate from these amounts and percentages in the consumer’s favor.

Article 16 – Complaints procedure

The business has a sufficiently publicized complaints procedure and handles the complaint in accordance with this procedure.
Complaints about the performance of the agreement must be submitted to the business fully and clearly described within a reasonable period after the consumer has discovered the defects.
Complaints submitted to the business will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the business will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
A complaint about a product, service, or the business’s customer service may also be submitted via a complaint form on the consumer page of the Feedback Company website.
The consumer must in any event give the business at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is eligible for the dispute resolution procedure.

Article 17 – Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the consumer’s detriment and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable medium.

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Terms of service