Small print, big importance

On this page you will find the Hoopo® terms and conditions. They explain how we deal with each other: from prices and promotions to delivery times, the right of withdrawal, warranties and complaint handling. Clear, transparent and easy to understand.

Thuiswinkel Terms and Conditions

Download the Thuiswinkel terms and conditions here.

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 - The consumer's obligations during the withdrawal period

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

Article 9 - The trader's obligations upon withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Performance and additional guarantee

Article 13 - Delivery and execution

Article 14 - Ongoing transactions: term, termination and extension

Article 15 - Payment

Article 16 - Complaints Procedure

Article 17 - Disputes

Article 18 - Industry Guarantee

Article 19 - Additional or Deviating Provisions

Article 20 - Amendment of the Thuiswinkel General Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. 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 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. Subscription contract: a contract that provides for the regular supply of goods, services and/or digital content during a specified period;
7. 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 suited to the purpose for which the information is intended, and that enables unchanged reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;
9. Trader: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers remotely;
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 distance communication;
11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I need not be provided if the consumer has no right of withdrawal in relation to their order;
12. Technique for communication at a distance: a means that can be used to conclude a contract without the consumer and trader having to be present in the same space at the same time.

Article 2 - Identity of the trader

Hoopo B.V.

Stieltjesstraat 108
3071JX Rotterdam
The Netherlands
Tel: 0850876125

VAT ID: NL864117656B01 
Chamber of Commerce: 86856278 

If the trader's activity is subject to a relevant licensing system:

information about the supervisory authority.

If the trader 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 instructions on where and how these professional rules can be accessed.

Article 3 - Applicability

1. These general terms and conditions apply to every offer from 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 shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the trader shall indicate how the general terms and conditions can be inspected 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 preceding 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 shall be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or by other means at the consumer's request.
4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions 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

1. If an offer has a limited period of validity or is subject to 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 enable the consumer to properly assess the offer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on 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 stipulated therein.
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 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, they are 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 to the consumer, the trader shall provide the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium: 
6. the visiting address of the trader's establishment where the consumer can submit complaints;
7. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
8. the information about warranties and existing after-sales service;
9. the price of the product, service or digital content, including all taxes; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance agreement;
10. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
11. if the consumer has a right of withdrawal, the model withdrawal form. 
12. 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:

1. The consumer may withdraw from an agreement concerning the purchase of a product during a withdrawal period of at least 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not require the consumer to state the reason or reasons.
2. 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, other than the carrier, received the product, or:
3. 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 refuse an order for several products with different delivery times, provided that the trader clearly informed the consumer of this before the ordering process.
4. 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;
5. 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:

1. The consumer may withdraw from a service agreement and an agreement for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not require the consumer to state the reason or reasons.
2. 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:

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

Article 7 - Obligations of the consumer during the withdrawal period

1. 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 basic principle is that the consumer may only handle and inspect the product as they would be permitted to do in a shop.
2. The consumer is only liable for depreciation of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any depreciation 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 consumer's right of withdrawal and the costs thereof

1. If the consumer exercises their right of withdrawal, they shall notify the trader within the withdrawal period by means of 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 shall return the product or hand it over to the trader or an authorised 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.
3. 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.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer shall bear the direct costs of returning the product. If the trader has not informed 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.
6. 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 specific quantity commence during the withdrawal period, the consumer shall owe the trader an amount that is proportionate to the part of the obligation fulfilled by the trader at the time of withdrawal, compared with the full performance of the obligation. 
7. The consumer shall bear no costs for the performance of services or the supply of water, gas or electricity that have not been prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
8. the trader has not provided the consumer with the legally required information about the right of withdrawal, reimbursement of costs upon withdrawal, or the model withdrawal form; or 
9. the consumer has not expressly requested that performance of the service or the supply of gas, water, electricity or district heating begin during the cooling-off period.
10. The consumer shall bear no costs for the complete or partial supply of digital content not supplied on a tangible medium if:
11. the consumer has not expressly agreed, before delivery, to begin performance of the agreement before the end of the cooling-off period;
12. the consumer has not acknowledged losing the right of withdrawal upon giving consent; or
13. the trader has failed to confirm this statement by the consumer.
14. If the consumer exercises the right of withdrawal, all ancillary agreements are automatically terminated.

Article 9 - The trader's obligations in the event of withdrawal

1. If the trader enables the consumer to notify the trader of withdrawal electronically, the trader shall immediately send an acknowledgement of receipt after receiving this notification.
2. The trader reimburses 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 delay the refund until the trader has received the product or until the consumer demonstrates that the consumer has sent the product back, whichever occurs first. 
3. 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.
4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the trader does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

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

1. Products or services whose price is tied to fluctuations in the financial market over which the trader has no control and which may occur during the withdrawal period
2. Agreements concluded at a public auction. A public auction means a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after the service has been fully performed, but only if:
4. performance has begun with the consumer's express prior consent; and
5. the consumer has declared that they lose their right of withdrawal as soon as the trader has fully performed the agreement;
6. Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
7. 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, transport of goods, car rental services and catering;
8. Agreements relating to leisure activities, if the agreement provides for a specific date or period for their performance;
9. Products manufactured 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;
10. Products that deteriorate rapidly or have a limited shelf life;
11. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
12. Products that, after delivery, are irrevocably mixed with other products by their nature;
13. Alcoholic beverages whose price was agreed upon when the agreement was concluded, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no control;
14. Sealed audio or video recordings and computer software, the seal of which has been broken after delivery;
15. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
16. The supply of digital content other than on a tangible medium, but only if:
17. performance has begun with the consumer's express prior consent; and
18. the consumer has declared that they thereby lose their right of withdrawal.

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 whose prices are subject to fluctuations in the financial market over which the trader has no control, at variable prices. 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 effective from the day on which the price increase takes effect.

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

Article 12 - Fulfillment of the agreement and additional warranty 

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. Additional warranty provided by the trader, their supplier, manufacturer, or importer never limits the statutory rights and claims that the consumer may assert against the trader under the agreement if the trader has failed to fulfill their part of the agreement.
3. Additional warranty means any undertaking 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 fulfill their part of the agreement.

Article 13 - Delivery and execution

1. The trader will exercise the greatest possible 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 partially, 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 free of charge and to claim any compensation.
4. After termination in accordance with the previous paragraph, the entrepreneur will promptly refund the amount paid by the consumer.
5. The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 - Ongoing transactions: term, termination and extension

Termination:

1. The consumer may terminate an agreement entered into for an indefinite term that provides for the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement entered into for a definite term that provides for the regular delivery of products (including electricity) or services at any time at the end of the definite term, observing the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:

• terminate at any time and not be limited to termination at a specific time or during a specific period;
• terminate at least in the same manner as it was entered into;
• always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

1. An agreement entered into for a definite term that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite term.
2. By way of derogation from the previous paragraph, an agreement entered into for a definite term that provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite term of no more than three months if the consumer may terminate this extended agreement at the end of the extension with a notice period of no more than one month.
3. An agreement entered into for a definite term that provides for the regular delivery of products or services may only be tacitly extended for an indefinite term if the consumer may terminate it at any time with a notice period of no more than one month. The notice period may be 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.
4. An agreement for a limited term to regularly deliver daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly renewed and will automatically end after the trial or introductory period.

Term:

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

Article 15 - Payment

1. Unless otherwise provided in the agreement or additional conditions, 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 has received confirmation of the agreement.
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 inaccuracies in the payment details provided or stated to the business operator without delay.
4. If the consumer fails to meet their payment obligation(s) on time, they will, after being informed by the business operator of the late payment and after the business operator has granted the consumer a period of 14 days, starting on the day after receipt of the reminder, to still meet their payment obligations, owe statutory interest on the amount still due if payment has not been made within this 14-day period, and the business operator will be entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500,=; 10% over the subsequent € 2,500,= and 5% over the next € 5,000,=, with a minimum of € 40,=. The business operator may deviate from these amounts and percentages in favor of the consumer.

Article 16 - Complaints Procedure

1. The business operator 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 business operator, fully and clearly described, within a reasonable period after the consumer has discovered the defects.
3. Complaints submitted to the business operator will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the business operator 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 can also be submitted via a complaint form on the consumer page of the Thuiswinkel.org website. www.thuiswinkel.org. The complaint will then be sent both to the relevant trader and to Thuiswinkel.org.
5. The consumer must in any event allow the trader 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 - Disputes

1. Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. If the trader directs their activities to the country where the consumer resides, the consumer may also always invoke the mandatory consumer law of their country.
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 Thuiswinkel Disputes Committee, Postbus 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 trader within a reasonable period.
4. If the complaint does not result in a solution, the dispute must be submitted in writing or in another form to be determined by the Committee to the Disputes Committee no later than 12 months after the date on which the consumer submitted the complaint to the trader.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by this choice. The consumer should preferably notify the trader of this first.
6. If the trader wishes to submit a dispute to the Disputes Committee, 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 want the dispute to be 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.
7. The Disputes Committee issues its decision under the conditions laid down in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are issued by way of binding advice.
8. The Disputes Committee shall not hear a dispute or shall discontinue the proceedings 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 at the hearing and a final decision has been issued.
9. If, in addition to the Thuiswinkel Disputes Committee, another recognised disputes committee or one affiliated with the Dutch Foundation for Consumer Complaints Boards (SGC) or the Financial Services Complaints Institute (Kifid) has jurisdiction, the Thuiswinkel Disputes Committee shall have preferred jurisdiction for disputes primarily concerning the method of sale or the provision of services at a distance. The other recognised disputes committee or one affiliated with SGC or Kifid shall have jurisdiction over all other disputes.

Article 18 - Industry Guarantee

1. Thuiswinkel.org guarantees compliance by its members with the binding decisions of the Thuiswinkel Disputes Committee, 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 binding. Thuiswinkel.org will pay the consumer up to a maximum of €10,000 per binding decision. For amounts exceeding €10,000 per binding decision, €10,000 will be paid. For the remainder, Thuiswinkel.org has an obligation to make every effort to ensure that the member complies with the binding decision.
2. To invoke this guarantee, the consumer must submit a written claim to Thuiswinkel.org and assign their claim against the trader to Thuiswinkel.org. If the claim against the trader exceeds €10,000, the consumer will be offered the opportunity to assign to Thuiswinkel.org 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 19 - 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.

Article 20 - Amendment of the Thuiswinkel General Terms and Conditions

1. Amendments to these terms and conditions shall only take effect after they have been published in an appropriate manner, with the understanding that, in the event of applicable amendments during the term of an offer, the provision most favourable to the consumer shall prevail.

Thuiswinkel.org

www.thuiswinkel.org

Horaplantsoen 20, 6717 LT Ede

PO Box 7001, 6710 CB Ede