General Terms and Conditions of Stichting Webshop Keurmerk

These General Terms and Conditions of Stichting Webshop Keurmerk have been drawn up in consultation with the Consumentenbond and NTO within the framework of the Coordination Group Self-Regulation Consultation (CZ) of the Social and Economic Council and will come into force for Stichting Webshop Keurmerk on July 1, 2012.

These General Terms and Conditions shall be used by all members of Stichting Webshop Keurmerk with the exception of financial services as referred to in the Financial Supervision Act and in so far as these services are supervised by the Netherlands Authority for the Financial Markets.

• ARTICLE 1 – Definitions.
• ARTICLE 2 – Entrepreneur’s identity.
• ARTICLE 3 – Applicability.
• ARTICLE 4 – The offer
• ARTICLE 5 – The Agreement.
• ARTICLE 6 – Right of Withdrawal.
• ARTICLE 7 – Costs in case of withdrawal.
• ARTICLE 8 – Exclusion of right of withdrawal.
• ARTICLE 9 – The Price
• ARTICLE 10 – Conformity and Warranty.
• ARTICLE 11 – Delivery and execution.
• ARTICLE 12 – Duration transactions duration, termination and renewal
• ARTICLE 13 – Payment
• ARTICLE 14 – Complaints procedure
• ARTICLE 15 – Disputes.
• ARTICLE 16 – Industry guarantee
• ARTICLE 17 – Additional or different provisions.
• ARTICLE 18 – Modification of the general conditions.

Stichting Webshop Keurmerk

• ARTICLE 1 – DEFINITIONS

In these terms and conditions, the following definitions shall apply:

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

Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;

Day: calendar day;

Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products and/or services to consumers at a distance;

Distance contract: an agreement under which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

Name of entrepreneur: H2Booster V.O.F.

Branch address:

• Oostkapelseweg 4
• 4353 EH Serooskerke
• 06 53896576 (weekdays between 9:00-17:00)
• Email address: Info@H2Booster.com
• Chamber of Commerce number: 83274103
• Btw-identificatienummer: NL862805454B01

ARTICLE 3 – APPLICABILITY

1. These general terms and conditions apply to any offer from the entrepreneur and to any distance contract concluded between entrepreneur and 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, it will be indicated that the general terms and conditions can be inspected at the entrepreneur and they will be sent free of charge to the consumer as soon as possible upon 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 it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they are available at the consumer’s request.

consumer electronically or otherwise will be sent free of charge.

4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.

ARTICLE 4 – THE OFFER

1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:

• the price including taxes;
• the cost of delivery, if any;
• The manner in which the agreement will be established and what actions
• needed for that;
• Whether or not the right of withdrawal applies;
• the method of payment, delivery and performance of the agreement;
• the period for acceptance of the offer, or the period within which the
• entrepreneur guarantees the price;
• the amount of the remote communication rate if the cost of the
• use of remote communication technology are calculated on a
• basis other than the regular base rate for the means of communication used;
• Whether the agreement is filed after its formation, and if so at what
• way it can be accessed by the consumer;
• the manner in which the consumer, before the conclusion of the contract, can check and, if desired, rectify the data provided by him under the contract;
• any other languages in which, in addition to Dutch, the agreement may be concluded;
• the codes of conduct to which the trader has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
• The minimum duration of the distance contract in the case of an endurance transaction.

ARTICLE 5 – THE AGREEMENT

1. The agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
4. The entrepreneur may – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, while giving reasons.
5. The entrepreneur will include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
6. The visiting address of the trader’s branch where the consumer can address complaints;
7. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
8. the information on warranties and existing after-purchase service;
9. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
10. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
11. In the case of a long-term transaction, the provision of the previous paragraph applies only to the first delivery.

ARTICLE 6 – RIGHT OF WITHDRAWAL

On delivery of products:

1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When providing services:

3. When providing services, the consumer has the option of dissolving the contract without giving reasons for at least fourteen days starting from the day of entering into the contract.
4. To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest at the time of delivery.

ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL

1. If the consumer exercises his right of withdrawal, at most the cost of return shipment shall be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

ARTICLE 8 – EXCLUSION OF RIGHT OF WITHDRAWAL

1. The trader can exclude the consumer’s right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:
3. that have been created by the entrepreneur in accordance with consumer specifications;
4. that are clearly personal in nature;
5. which by their nature cannot be returned;
6. that can spoil or age quickly;
7. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
8. For single newspapers and magazines;
9. for audio and video recordings and computer software for which the consumer has broken the seal.
10. Exclusion of the right of withdrawal is only possible for services:
11. concerning lodging, transportation, restaurant business or leisure activities to be performed on a specific date or during a specific period;
12. The delivery of which began with the consumer’s express consent before the expiration of the cooling-off period;
13. Regarding betting and lotteries.

ARTICLE 9 – 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 due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
3. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
5. they are the result of statutory regulations or provisions; or
6. the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
7. The prices mentioned in the offer of products or services include VAT.

ARTICLE 10 – CONFORMITY AND WARRANTY

1. The entrepreneur guarantees that the products and/or services meet the

agreement, the specifications stated in the offer, to the reasonable requirements of

soundness and/or usability and the legal provisions and/or government regulations that existed on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

ARTICLE 11 – DELIVERY AND EXECUTION

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this at the latest 30 days after the order was placed. The consumer in that case has the right to terminate the contract without charge.

dissolve and entitled to any damages.

4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
6. The risk of damage 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 otherwise expressly agreed.

ARTICLE 12 – DURATION TRANSACTIONS DURATION, TERMINATION AND RENEWAL

Termination

1. The consumer may at any time terminate a contract entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period not exceeding one month.
2. The consumer may terminate a fixed-term contract, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.
3. The consumer may enter into the agreements mentioned in the previous paragraphs:

• cancel at any time and not be limited to cancellation at a particular time or period;
• terminate at least in the same manner as they were entered into by him;
• always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

4. An agreement entered into for a definite period of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
5. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this extended contract by the end of the extension with a notice period not exceeding one month.
6. A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate it at any time with a period of notice not exceeding one month and a period of notice not exceeding three months in the event that the contract relates to the regular, but less than once a month, delivery of daily, news and weekly newspapers and

magazines.

7. Agreements of limited duration for the regular supply of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscriptions) are not tacitly continued and end automatically at the end of the trial or introductory period.

Duration

8. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

ARTICLE 13 – PAYMENT

1. As far as not otherwise agreed upon, the amounts owed by the consumer should be paid within 14 days after the start of the reflection period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment is stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
4. In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.

If you pay for your order through AfterPay (postpayment) you also agree to the terms and conditions of AfterPay. These can be found here:

AfterPay for Dutch consumers: http://www.afterpay.nl/consument-betalingsvoorwaarden

AfterPay for Belgian consumers: https://www.afterpay.be/be/footer/betalen-metafterpay/betalingsvoorwaarden

AfterPay for Dutch businesses: https://www.afterpay.nl/nl/algemeen/zakelijke-partners/betalingsvoorwaardenzakelijk

ARTICLE 14 – COMPLAINTS PROCEDURE

1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has found the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the service of the Entrepreneur can also be submitted via a complaint form on the website of Stichting Webshop Keurmerk www.keurmerk.info. The complaint will then be sent both to the Entrepreneur in question and to Stichting Webshop Keurmerk.
5. If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to dispute resolution.

ARTICLE 15 – DISPUTES

1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
2. Disputes between the Consumer and the Entrepreneur about the formation or performance of contracts related to products and services to be supplied or delivered by this Entrepreneur can, subject to the provisions below, be submitted by both the Consumer and the Entrepreneur to the Geschillencommissie Webshop, Postbus 90600, 2509 LP in The Hague (www.sgc.nl).
3. A dispute will only be considered by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
4. No later than three months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
5. When the consumer wants to submit a dispute to the Dispute Commission, the entrepreneur is bound to this choice. When the entrepreneur wants to do that, the consumer will have to express in writing within five weeks after a written request made by the entrepreneur, whether he so desires or wants the dispute to be dealt with by the competent court. If the entrepreneur does not hear the choice of the consumer within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee rules under the conditions as laid down in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by way of binding advice.
7. The Disputes Committee will not deal with a dispute or will cease to deal with it if the entrepreneur has been granted a suspension of payments, has become bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the committee at the session and a final ruling has been issued.
8. If, in addition to the Geschillencommissie Webshop, another dispute committee recognized or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, the Geschillencommissie Webshop has exclusive competence for disputes mainly concerning the method of distance selling or provision of services. For all other disputes the other

recognized with SGC or Kifid affiliated disputes committee.

ARTICLE 16 – INDUSTRY GUARANTEE

1. Webshop Keurmerk guarantees the fulfilment of the binding advice of the Disputes Committee Webshop by its members unless the member decides to submit the binding opinion within two months after sending for review to the court. This guarantee revives if the binding opinion after review by the court has been upheld and the judgment that proves this has become final. Up to a maximum amount of

€10,000,- per binding opinion, this amount will be paid to the consumer by Stichting Webshop Keurmerk. For amounts greater than €10,000,- per binding opinion, €10,000,- will be paid. For the excess, Webshop Keurmerk has a best-efforts obligation to ensure that the member complies with the binding opinion.

2. The application of this guarantee requires that the consumer files a written appeal to Webshop Keurmerk and that the consumer transfers his claim on the entrepreneur to Stichting Webshop Keurmerk. If the claim on the Entrepreneur exceeds €10,000,-, the Consumer will be offered to transfer his claim to the extent that it exceeds the amount of €10,000,- to the Stichting Webshop Keurmerk, after which this organization will

in its own name and expense, will seek payment thereof in court to satisfy the consumer.

ARTICLE 17 – ADDITIONAL OR DIFFERENT PROVISIONS

Additional provisions or provisions deviating from these general 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 data carrier.

ARTICLE 18 – MODIFICATION OF THE GENERAL CONDITIONS WEBSHOP KEURMERK

1. Stichting Webshop Keurmerk will not change these General Terms and Conditions except in consultation with the Consumers’ Association.
2. Amendments to these terms and conditions are only effective after they have been published in an appropriate manner, on the understanding that in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer will prevail.

Address Stichting Webshop Keurmerk:

Willemsparkweg 193, 1071 HA Amsterdam

Last update 01-10-2021