General Terms and Conditions

Table of Contents:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Obligations of the consumer during the reflection period

Article 8 – Exercise of the right of withdrawal by the consumer and associated costs

Article 9 – Obligations of the entrepreneur upon 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 – Continuing transactions: duration, cancellation and renewal

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. Additional agreement an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
2. Reflection period the period within which the consumer can exercise the right of withdrawal;
3. Consumer the natural person who does not act for purposes related to their trade, business, craft or professional activity;
4. Day calendar day;
5. Digital content data produced and delivered in digital form;
6. Continuing agreement an agreement aimed at the regular delivery of goods, services and/or digital content over a specified period;
7. Durable data carrier any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period aligned with the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
8. Right of withdrawal the ability of the consumer to cancel the distance agreement within the reflection period;
9. Entrepreneur the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance agreement an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby, up to and including the conclusion of the agreement, exclusive or partial use is made of one or more techniques for communication at a distance;
11. Model withdrawal form the European model withdrawal form included in Annex I of these terms. Annex I does not need to be made available if the consumer has no right of withdrawal regarding their order;
12. Technique for distance communication a means that can be used for concluding an agreement, without the consumer and entrepreneur being simultaneously present in the same space.

Article 2 – Identity of the entrepreneur

Homie B.V.

Wagenmakersweg 3

Phone number: 015-7601615

Email address: info@homiegroup.com

Chamber of Commerce number: 66592429

VAT identification number: NL856622655B01

If the entrepreneur's activities are subject to a relevant licensing system: the details of the supervising authority.

If the entrepreneur practises a regulated profession:

• the professional association or organisation of which they are a member;
• the professional title, the place in the EU or the European Economic Area where it was granted;
• a reference to the professional rules applicable in the Netherlands and guidance on where and how these professional rules are accessible.

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance agreement is concluded, how the general terms and conditions can be inspected and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance agreement is concluded electronically, then, notwithstanding the previous paragraph and before the distance agreement 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 agreement 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 electronically or otherwise at the consumer's request.
4. In cases where specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always invoke the applicable provision most favourable to them in the event of conflicting conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this will 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 allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious errors or obvious mistakes in the offer are not binding on the entrepreneur.
3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The agreement

1. The agreement is established, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the conditions set.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may – within legal frameworks – verify 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 entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or application with stated reasons, or to attach special conditions to the performance.
5. The entrepreneur will send the following information to the consumer in writing, or in a way that allows the consumer to store it accessibly on a durable data carrier, at the latest upon delivery of the product, service or digital content:
6. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
7. the conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
8. information about warranties and existing after-sales service;
9. the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance agreement;
10. the requirements for cancellation of 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 previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

For products:

1. The consumer may dissolve an agreement for the purchase of a product during a reflection period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige them to state their reason(s).
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, receives the product, or:
3. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, receives the last product. The entrepreneur may, provided they have clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
4. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, receives the last shipment or last part;

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

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

3. The consumer may dissolve a service agreement and an agreement for the delivery of digital content not delivered on a tangible medium for at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige them to state their reason(s).
4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content not delivered on a tangible medium where the right of withdrawal is not communicated:

5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period as determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original reflection period, the reflection period expires 14 days after the day the consumer received that information.

Article 7 – Obligations of the consumer during the reflection period

1. During the reflection period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess the nature, characteristics and functioning of the product. The guiding 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 any diminishment in the value of the product resulting from handling the product beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminishment in the value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and associated costs

1. If the consumer exercises the right of withdrawal, they must notify the entrepreneur within the reflection period using the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorised representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product themselves. The consumer is deemed to have observed the return period if the product is returned before the reflection period has expired.
3. The consumer returns the product with all supplied accessories, in its original condition and packaging where reasonably possible, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not indicated that the consumer must bear these costs, or if the entrepreneur indicates they will bear the costs themselves, the consumer does not need to bear the return costs.
6. If the consumer withdraws after having explicitly requested that the performance of the service or delivery of gas, water or electricity not prepared for sale in a limited volume or specified quantity commences during the reflection period, the consumer owes the entrepreneur an amount proportional to the part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.
7. The consumer bears no costs for the performance of services or the delivery of water, gas or electricity not prepared for sale in a limited volume or quantity, or for delivery of district heating, if:
8. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal, or the model withdrawal form, or;
9. the consumer has not explicitly requested commencement of the service or delivery of gas, water, electricity or district heating during the reflection period.
10. The consumer bears no costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
11. they have not explicitly consented prior to delivery to commencing performance of the agreement before the end of the reflection period;
12. they have not acknowledged losing their right of withdrawal upon granting their consent; or
13. the entrepreneur has failed to confirm this statement from the consumer.
14. If the consumer exercises the right of withdrawal, all additional agreements are dissolved by operation of law.

Article 9 – Obligations of the entrepreneur upon withdrawal

1. If the entrepreneur enables the consumer to notify withdrawal electronically, they will immediately send an acknowledgement of receipt upon receiving such notification.
2. The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay and within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may delay reimbursement until the product has been received or until the consumer demonstrates it has been returned, whichever is earlier.
3. The entrepreneur uses the same payment method that the consumer used, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer.
4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs of the more expensive method.

Article 10 – Exclusion of the right of withdrawal

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

1. Products or services whose price is linked to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
2. Agreements concluded during a public auction. A public auction is defined as a sales method whereby products, digital content and/or services are offered by the entrepreneur to consumers who are personally present or have 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;
3. Service agreements, after full performance of the service, but only if:
4. performance has commenced with the consumer's express prior consent; and
5. the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;
6. Package holidays as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
7. Service agreements for the provision of accommodation, where a specific date or period of performance is stipulated in the agreement and for purposes other than residential use, goods transport, car rental services and catering;
8. Agreements relating to leisure activities, where a specific date or period of performance is stipulated in the agreement;
9. Products manufactured to the consumer's specifications, which are not prefabricated and are produced 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 quickly 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, by their nature, have been irrevocably mixed with other products after delivery;
13. Alcoholic beverages whose price was agreed upon at the time of concluding the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur's control;
14. Sealed audio, video recordings and computer software, whose seal has been broken after delivery;
15. Newspapers, periodicals or magazines, with the exception of subscriptions to these;
16. The delivery of digital content other than on a tangible medium, but only if:
17. performance has commenced 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 period of validity 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. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and over which the entrepreneur has no influence at variable prices. This link to fluctuations and the fact that any stated prices are indicative will be stated in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
5. they result from statutory regulations or provisions; or
6. the consumer has the right to cancel the agreement with effect from the day the price increase takes effect.
7. The prices stated in the offer of products or services are inclusive of VAT.

Article 12 – Compliance with the agreement and additional warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or fitness for use, and the statutory provisions and/or government regulations in force on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. An additional warranty provided by the entrepreneur, their supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil their part of the agreement.
3. An additional warranty is understood to mean any commitment by the entrepreneur, their supplier, importer or producer granting the consumer certain rights or claims beyond what they are legally obliged to provide in the event of failure to fulfil their part of the agreement.

Article 13 – Delivery and performance

1. The entrepreneur will exercise the greatest possible care when receiving and carrying out orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address communicated by the consumer to the entrepreneur.
3. Taking into account what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders promptly but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
4. Following dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
5. The risk of damage and/or loss of products lies 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 – Continuing transactions: duration, cancellation and renewal

Cancellation:

1. The consumer may cancel an agreement concluded for an indefinite period aimed at 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.
2. The consumer may cancel an agreement concluded for a definite period aimed at the regular delivery of products (including electricity) or services at any time before the end of the specified period, subject to the agreed cancellation rules and a notice period of no more than one month.
3. The consumer may cancel the agreements referred to in the previous paragraphs:
   • at any time and not be limited to cancellation at a specific time or during a specific period;
   • at least in the same manner as they were entered into;
   • always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal:

4. An agreement concluded for a definite period aimed at the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
5. Notwithstanding the previous paragraph, an agreement concluded for a definite period aimed at the regular delivery of daily, news and weekly papers and magazines may be tacitly renewed for a definite period of up to three months, provided the consumer can cancel this renewed agreement at the end of the renewal period with a notice period of no more than one month.
6. An agreement concluded for a definite period aimed at the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel 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 but less than monthly delivery of daily, news and weekly papers and magazines.
7. An agreement of limited duration for the regular introductory delivery of daily, news and weekly papers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically upon expiry of the trial or introductory period.

Duration:

8. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude cancellation before the end of the agreed duration.

Article 15 – Payment

1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days of the start of the reflection period, or in the absence of a reflection period, within 14 days of concluding the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer receives the confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never require advance payment of more than 50%. Where advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has a duty to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
4. If the consumer fails to meet their payment obligation(s) in time, after the entrepreneur has drawn attention to the late payment and has allowed the consumer a period of 14 days from the day after receipt of the reminder to still meet their payment obligations, and payment has not been made within this 14-day period, the consumer owes statutory interest on the outstanding amount and the entrepreneur 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 next €2,500 and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from the stated amounts and percentages in favour of the consumer.

Article 16 – Complaints procedure

1. The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has identified the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
4. A complaint about a product, service or the entrepreneur's service can also be submitted via a complaints form on the consumer page of the Thuiswinkel.org website thuiswinkel.org. The complaint will then be sent both to the relevant entrepreneur and to Thuiswinkel.org.
5. The consumer must in any case allow the entrepreneur 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is eligible for the disputes procedure.

Article 17 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. If the entrepreneur directs their activities to the country where the consumer resides, the consumer may also always invoke the mandatory consumer protection law of their country.
2. Disputes between the consumer and the entrepreneur regarding the formation or performance of agreements relating to products and services to be delivered or delivered by the entrepreneur may, subject to the provisions below, be submitted by both the consumer and the entrepreneur to the Geschillencommissie Thuiswinkel, PO Box 90600, 2509 LP The Hague (sgc.nl).
3. A dispute will only be considered by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable time.
4. If the complaint does not lead to a resolution, the dispute must be submitted to the Disputes Committee in writing or in another form determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
5. When the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. The consumer is advised to first notify the entrepreneur of this.
6. When the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must declare in writing within five weeks of a written request by the entrepreneur whether they also wish to do so or prefer the dispute to be handled by the competent court. If the entrepreneur does not receive the consumer's choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
7. The Disputes Committee issues its ruling under the conditions as laid down in the Committee's regulations (degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are in the form of binding advice.
8. The Disputes Committee will not handle a dispute or will discontinue handling if the entrepreneur has been granted a moratorium, has been declared bankrupt or has actually ceased business activities before the dispute has been heard by the Committee at a session and a final ruling has been given.
9. If, in addition to the Geschillencommissie Thuiswinkel, another recognised disputes committee affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Geschillencommissie Thuiswinkel is preferably competent for disputes primarily concerning the method of distance selling or service provision. For all other disputes, the other recognised disputes committee affiliated with SGC or Kifid.

Article 18 – Industry guarantee

1. Thuiswinkel.org guarantees compliance with binding advice from the Geschillencommissie Thuiswinkel by its members, unless the member decides to submit the binding advice to the court for review within two months of its dispatch. This guarantee revives if the binding advice has been upheld after review by the court and the judgment evidencing this has become final. Up to a maximum of €10,000 per binding advice, this amount will be paid out by Thuiswinkel.org to the consumer. For amounts exceeding €10,000 per binding advice, €10,000 will be paid out. For the remainder, Thuiswinkel.org has a best-efforts obligation to ensure that the member complies with the binding advice.
2. Application of this guarantee requires that the consumer makes a written appeal to Thuiswinkel.org and assigns their claim against the entrepreneur to Thuiswinkel.org. If the claim against the entrepreneur exceeds €10,000, the consumer will be offered to assign the portion of their claim exceeding €10,000 to Thuiswinkel.org, after which the organisation will seek payment in its own name and at its own expense in legal proceedings for the benefit of the consumer.

Article 19 – Additional or deviating provisions

Additional or deviating provisions 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 data carrier.

Article 20 – Amendment of the Thuiswinkel General Terms and Conditions

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

Thuiswinkel.org

www.thuiswinkel.org

Horaplantsoen 20, 6717 LT Ede

PO Box 7001, 6710 CB Ede

Annex I: Model withdrawal form

Model withdrawal form

(complete and return this form only if you wish to withdraw from the agreement)

• To: [ name of entrepreneur]

[ geographical address of entrepreneur]

[ fax number of entrepreneur, if available]

[ email address or electronic address of entrepreneur]

• I/We* hereby give notice that I/we* withdraw from our agreement concerning

the sale of the following products: [product description]*

the delivery of the following digital content: [digital content description]*

the provision of the following service: [service description]*,

withdraw/withdrawn*

• Ordered on*/received on* [date of order for services or receipt for products]

• [Name of consumer(s)]

• [Address of consumer(s)]

• [Signature of consumer(s)] (only when this form is submitted on paper)

• [Date]

* Delete as applicable or fill in as appropriate.