General Terms and Conditions

Article 1 – Definitions

The following definitions apply in the terms and conditions:

1. Trader: the natural or legal person who is a member of the Dutch Thuiswinkel Organisation, and who offers products and/or services to consumers from a remote location.
2. Consumer: the natural person whose action is not within the course of a profession or business, and who enters into a remote contract with the trader.
3. Remote contract: a contract whereby sole use is made of one or more techniques for remote communication within the framework of a system organised by the trader for the remote sale of goods and/or services, up to, and including the moment that the contract is completed.
4. Technique for remote communication: means that it can be used for completing a contract, without the consumer and trader being in the same place at the same time.
5. Cancellation period: the period within which the consumer can make use of their right to cancel.
6. Right to cancel: the possibility for the customer to cancel the contract within the cancellation period.
7. Day: calendar day.
8. Extended duration transaction: a remote contract that relates to a series of goods and/or services, whereby the obligation to supply and/or purchase is spread over a period of time.
9. Durable medium: any means that enables the consumer or trader to store information that is addressed to him in person, in a way that facilitates future consultation and unaltered reproduction of the stored information.

Article 2 – Identity of the trader

TICKEN B.V.

Article 3 – Applicability

1. The general terms and conditions apply to every offer made by a trader, and to every contract that is agreed between the trader and the consumer.
2. Prior to the completion of a contract, the text of the general terms and conditions will be made available to the consumer. If this is not possible, the trader will indicate before the contract is completed, that the general terms and conditions are available for inspection at the trader’s premises, and that they will be sent free of charge to the consumer as quickly as possible, at the consumer’s request.
3. If the contract is completed electronically, then, contrary to the previous paragraph, and before the contract is completed, the consumer will be provided with the text of the general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not possible, then before completing the contract, the trader will indicate where the general terms and conditions can be viewed electronically, and that, at his request, they will be sent to the consumer free of charge, either electronically or by another method.
4. In cases where specific product or service-related terms and conditions apply in addition to the general terms and conditions, the second and third paragraphs apply by analogy, and the consumer can always invoke the applicable condition that is most relevant to them in the event of incompatible general terms and conditions.

Article 4 – The offer

1. If an offer is subject to a limited period of validity, or is made subject to conditions, this will be explicitly mentioned in the offer.
2. The offer includes a complete and accurate description of the goods and /or services. The description is sufficiently detailed to allow as proper an assessment of the offer by the consumer as possible. If the trader uses these images as a true reflection of the goods and / or services. Obvious mistakes or errors in the offer are the responsibility of the trader.
3. Every offer will contain information that makes it clear to the consumer what rights and obligations are involved in accepting the offer. This includes, in particular:
   • the price, including VAT.
   • any delivery costs.
   • the way in which the contract shall be completed.
   • whether or not the right to cancel applies.
   • the method of payment, delivery or implementation of the contract.
   • the period for accepting the offer, or the period for completing payment.
   • the tariff for remote communication, if the costs of using the technique for remote communication are calculated differently than the basic tariff.
   • the way in which the contract can be accessed by the consumer.
   • the way in which the consumer can obtain information about actions they do not wish to take before completing a contract, as well as the way he can rectify these before the contract is completed.
   • the languages in which, in addition to Dutch, the contract can be completed.
   • the behavioural codes to which the trader is subject, and the way in which the consumer can view such behavioural codes electronically.
   • the minimum duration of the contract, in the event of a contract that involves the continuous or periodical supply of goods and/or services.

Article 5 – The contract

1. The contract will be completed, subject to that which is stipulated in paragraph 4, from the moment the consumer accepts the offer, and the conditions thereby stipulated to have been fulfilled.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract in the case that the acceptance has not been confirmed.
3. If the contract is completed electronically, the trader will take the necessary security measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take the necessary security measures.
4. The trader may obtain information within statutory frameworks, only concerning the consumer’s ability to fulfil the payment obligations, as well as concerning factors that are important for the completion of the contract. If the information obtained gives the trader reasonable grounds for declining to complete the contract, then they have a right to reject an order or application, or to implement restrictions with special conditions.
5. Together with the goods or service, the trader will send the consumer the following information, in writing, or in such a way that the consumer can store it on an accessible medium:
   1. the office address of the trader’s business location where the consumer can lodge complaints.
   2. the conditions under which the consumer can make use of the right to cancel, and the method for doing so, or a clear statement relating to the exemption to the right to cancel.
   3. information on existing after-sales service and guarantees.
   4. the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these prior to completing the contract, i.e. the requirements for terminating the contract, if the duration of the contract exceeds one year or is indefinite. Where the trader has taken on the obligation to supply a series of goods or services, the stipulation in the previous paragraph applies only to the first delivery.

Article 6a – Right to cancel upon delivery of goods

1. When purchasing goods, the consumer has the possibility to dissolve the contract, without disclosing a reason, for 14 days. This period commences the day after the product is received by, or on behalf of the consumer, or an appointed consumer representative known to the trader.
2. During this period, the consumer will treat the product and its packaging with care. They will only unpack or use the product as much as necessary in order to be able to assess whether they wish to retain the product. If they wish to exercise the right to cancel, then the product should be returned to the trader, with all associated components, and where possible, in the original condition and packaging, in accordance with the instructions provided by the trader.

Article 6a – Right to cancel upon delivery of services

1. When services are supplied, the consumer has the right to terminate the contract without disclosing a reason, for 14 days. This period commences from the day the contract is completed.
2. If they wish to exercise the right to cancel, the consumer should act in accordance with the contract terms, as provided by the trader when the offer was made, and/or upon delivery.

Article 7 – Cancellation costs

1. If the consumer exercises the right to cancel, they are responsible for, at most, the costs of returning the goods.
2. If the consumer has paid a sum, the trader will refund this sum as soon as possible, at the latest within 30 days after the goods have been returned.

Article 8 – Exemption of right to cancel

1. The trader can only deny the consumer the right to cancel if this was clearly stated in accordance with the terms specified in paragraphs 2 and 3. The trader may only deny the right to cancel, where this has been clearly stated in the offer and within a reasonable timeframe prior to completion of the contract.
2. Exemption from the right to cancel is only possible for products:
   1. that have been created by the trader in accordance with the consumer’s specifications.
   2. that are clearly of a personal nature.
   3. that cannot be returned due to their nature.
   4. Where function is rapidly decreased or is unfit for use.
   5. the price of which is subject to fluctuations on the financial market over which the trader has no influence.
   6. for individual newspapers and magazines.
   7. for audio and video recordings and computer software, where the consumer has broken the seal.
3. The trader can only deny the right to cancel for services:
   1. relating to accommodation, transport, restaurant, business or leisure activities to be carried out on a given date or during a given period.
   2. the supply of which commenced, with the explicit consent of the consumer, before the cancellation period has lapsed.
   3. relating to bets and lotteries.

Article 9 – The price

1. During the period of validity indicated in the offer, the prices of the goods and/or services being offered will not be increased, except for price changes in VAT tariffs.
2. Contrary to the previous paragraph, the trader may offer goods or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the trader has no influence. The offer must refer to this link with fluctuated prices, and the fact that any prices mentioned are recommended prices.
3. Price increases within 3 months after the contract has been completed are only permitted if they are the result of statutory regulations or stipulations.
4. Price increases more than 3 months after the contract has been completed are only permitted if the trader stipulated as much, and:
   1. they are the result of statutory regulations or stipulations, or
   2. the consumer is authorised to terminate the contract from the day on which the price increase takes effect.
5. Prices stated in offers of goods or services include VAT.

Article 10 – Conformity and Guarantee

1. The trader guarantees that the goods and/or services fulfil the contract, the specifications stated in the offer, the requirements for reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was completed. If agreed, the trader also ensures that the product is suitable for another purpose.
2. A guarantee arrangement offered by the trader, manufacturer or importer does not affect the rights and claims in relation to a failure on the part of the trader to keep their obligations to the consumer.

Article 11 – Supply and processing

1. The trader will take the greatest possible care when receiving and processing orders for goods and when assessing applications for the provision of services.
2. The place of delivery is deemed to be the address that the consumer makes known to the trader.
3. Taking into consideration that which is stated in article 4 of the general terms and conditions, the trader will process accepted orders with efficiency, at the latest within 30 days, unless a longer period of delivery has been agreed. If delivery is delayed, or if the delivery cannot be fulfilled, or partially fulfilled, the consumer will be informed about this at the latest one month after the order was placed. In this case, the consumer has a right to terminate the contract, free of charge, and a right to possible compensation.
4. In the case of termination in accordance with the previous paragraph, the trader will refund the consumer with the sum paid as quickly as possible, at the latest within 30 days after the termination.
5. Should delivery of a product that has been ordered prove impossible, the trader will attempt to provide a replacement item. The fact that a replacement item is being supplied will be stated clearly and intelligibly, at the latest upon delivery. The right to cancel cannot be denied in the case of replacement articles. The costs of return shipments will be charged to the trader.
6. The risk of damage and/or loss of products is the responsibility of the trader up to the moment of delivery to the consumer, unless this has been explicitly agreed otherwise.

Article 12 – Extended duration transactions

1. The consumer has the right at all times to terminate a contract that has been completed for an indefinite period of time, taking into consideration the applicable termination terms and a termination period of at the most, one month.
2. The maximum validity of a contract completed for an indefinite period of time is one year. In the event that the contract has been made to automatically continue, then the contract will be continued for an indefinite period of time and the maximum period of notice after continuation of the contract will be one month.

Article 13 – Payment

1. As long as no later date has been agreed upon, sums payable by the consumer should be paid within 14 days after the cooling-off period referred to in paragraph 1 of Article 6a. In the case of a contract to provide a service, this period runs from the day the consumer receives the confirmation of the agreement.
2. When selling goods to consumers, the general terms and conditions may never stipulate an advance payment in excess of 50%. Where advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the processing of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer is obliged to report immediately to the trader any inaccuracies in payment details provided or stated.
4. In the event of non-payment on the part of the consumer, the trader has the right, subject to statutory limitations, to charge the consumer reasonable costs of which the consumer was informed in advance.

Article 14 – Complaints procedure

1. The trader has a complaints procedure, which has been given made public to the consumer, and will deal with a complaint in accordance with this complaints procedure.
2. Complaints regarding exercising the contract must be submitted to the trader without delay, in their entirety and clearly defined, when the consumer has discovered the inconsistency.
3. Replies to complaints submitted to the trader will be provided within a period of 14 days, from the date of receipt of the complaint. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more detailed reply.
4. Complaints regarding a product, a service or the trader’s service can also be submitted via a complaints form on the consumer’s page on the website of the Dutch Thuiswinkel Organisation, www.thuiswinkel.org. The complaint is then sent to both the trader concerned and the Dutch Thuiswinkel Organisation.
5. If the complaint cannot be resolved with mutual communication, then it will become a dispute that is subject to the disputes settlement scheme.

Article 15 – Disputes

1. Contracts entered into between the trader and the consumer, and which are subject to the general terms and conditions are subject only to Dutch law.
2. Disputes between the consumer and the trader over the completion or exercising of contracts relating to products and services to be supplied by this trader can be put before the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl), by either the consumer or the trader, within the terms of which are stipulated below.
3. The Disputes Committee will only deal with a dispute if the consumer first put his complaint, without delay, to the trader.
4. The dispute should be submitted to the Disputes Committee, in writing, at the latest, within three months after the dispute arose.
5. If a consumer wants to put a dispute before the Disputes Committee, the trader is bound by that choice. If it is at the wishes of the trader, then the consumer will indicate, in response to a written request made by the trader, whether they are in agreement, or prefers the dispute to be dealt with by a court of law. If the consumer does not indicate his choice to the trader within a period of five weeks, then the trader has the right to put the dispute before a court of law.
6. Rulings of the Disputes Committee are subject to the conditions as stipulated to in the regulations of the Disputes Committee. Decisions of the Disputes Committee are binding.
7. The Disputes Committee will not deal with a dispute, or will terminate their intervention, if the trader has been granted a suspension of payments, gone bankrupt or has officially terminated business activities before the committee dealt with the dispute during a session and given a final decision.
8. If another disputes committee other than is recognised or affiliated with the Disputes Committee Foundation for Consumer Affairs (SGC) or the Complaints Institute Financial Services (Kifid) is competent, in addition to the Thuiswinkel Disputes Committee, the latter will have sole jurisdiction for disputes relating mainly to the method of remote sales or services. For all other disputes, this is dealt with by the other disputes committees recognised by the SGC or affiliated with the Kifid.

Article 16 – Branch guarantee

1. The Dutch Thuiswinkel Organisation will, without delay, assume the obligations of the trader to the consumer, in relation to binding decisions imposed upon them by the Thuiswinkel Disputes Committee, if this trader is negligent in fulfilling their obligations within the period stipulated to in the binding decision, assumption of the trader’s obligations by the Dutch Thuiswinkel Organisation will be suspended if, and as long as, that binding decision is put before a court of law, within two months after the date of that decision, in accordance with the regulations of the Disputes Committee, and will lapse upon the court ruling becoming final and conclusive, whereby the court has declared that the binding decision has no binding effect. The Dutch Thuiswinkel Organisation will pay a maximum of €10.000 in claims to the consumer. For claims exceeding €10.000, the Dutch Thuiswinkel Organisation will guarantee that the trader will meet their obligations to the consumer for the remaining amount.
2. Application for this guarantee requires the consumer to submit a written appeal to the Dutch Thuiswinkel Organisation and transfer their claim against the trader to the Dutch Thuiswinkel Organisation. If the claim against the trader exceeds €10,000, the consumer has the option to transfer the claim to the Dutch Thuiswinkel Organisation, as long as the amount exceeds €10,000, after which this organisation will recoup the payment from the consumer at their own cost.

Article 17 - Additional or different stipulations

Additional stipulations or stipulations that differ from the general terms and conditions may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.

Article 18 – Amendment to the general terms and conditions of Thuiswinkel

1. The Dutch Thuiswinkel Organisation will only amend the general terms and conditions after consultation with the Consumers’ Association.
2. Amendments to the terms and conditions will only come into effect after they have been published in the appropriate way, on the understanding that where amendments apply during the validity of an offer, the stipulation that is most favourable to the consumer will prevail.

Address of the Dutch Thuiswinkel Organisation: P.O. Box 7001, 6710 CB EDE, the Netherlands.
Rights can only be derived on the basis of the Dutch version of the general terms and conditions.

Below, you will find the additional terms from TICKEN.

Additional TICKEN Terms and Conditions

Article 6a – Right to cancel upon delivery of goods

3. Cancellation of the course within the specified period, should be done through www.ticken.nl/unsubscribe

Article 6b – Right to cancel upon delivery of services

5. Cancellation of physical products within the specified period should be done by returning to: TICKEN B.V., Postbus 279, 3740 AG BAARN, the Netherlands. The consumer is responsible for the cost.

Article 9 – Price

6. The retail price is subject to change, based on the inflation rate, beyond the control of the trader.

Article 10 – Guarantee and Conformity

3. The guarantee becomes void if:
   • changes are made to the product(s).
   • there is wear and tear to the product(s).
   • misuse and/or failure to comply with the manufacturers instructions, intentional damage or gross negligence.
   • acts of nature, including, but not limited to, lightening, power cuts.
   • the consumer fails to meet their obligations, including payment.

Article 12 – Duration of contract

3. The contract with TICKEN is entered in to for the duration of study, as specified on the website.
4. If the consumer wishes to cancel the course after the two weeks reflection period, then the consumer is not eligible for a refund, and is still required to meet the payment obligations in full.

Article 13 – Payment

5. If, despite a reminder, the consumer has not paid for a product or service within the specified period, then they will incur extra costs as specified below. All costs are inclusive of VAT, and are effective as of 1st, February, 2009.
   • € 37, for outstanding amounts up to €250
   • €75, for outstanding amounts from €250.01 - €500
   • €150, for outstanding amounts from €500.01 - €1.250
   • €300, for outstanding amounts from €1.250,01 - €2.500
   • €450, for outstanding amounts from €2.500,01 - €3.750
   • €600, for outstanding amounts from €3.750,01 - €5.000
   • €700, for outstanding amounts from €5.000,01 - €10.000
6. In addition to the previous paragraph, all outstanding amounts will incur an interest rate of 1.1% (minimum €2.50) due immediately.
7. TICKEN reserves the right to increase the above rates as necessary, within the legal framework.

Article 19 – Ownership

Upon full payment and delivery of the product(s) the consumer assumes full ownership and responsibility of any product(s).

Article 20 – Intellectual Property Rights

All copyrights and intellectual property rights to all texts, images, software and other materials on this website are strictly the property of TICKEN, and its affiliated companies, or are included with permission from the owner(s).
The consumer is not permitted to use the course or any rights associated with the course for any reason other than for personal study. Distribution to any third party is strictly prohibited.

Article 21 – Privacy

TICKEN uses your personal data for the purpose of processing orders, completion of contracts, and to improve on quality of service.
In addition to the previous paragraph, if the consumer has specifically opted to receive information and special offers from TICKEN and affiliated companies or partners, then the consumers’ personal data will be used for this purpose.
If you no longer wish to receive offers from TICKEN or do not wish to have your personal data used for marketing purposes, you can opt out under “My Ticken” on the website.
The protocols from TICKEN relate to the data protection act established under reference m1408875 with the Data Protection Authority in The Hague. The complete privacy policy is available on the website under “Privacy”. You can also email us at This email address is being protected from spambots. You need JavaScript enabled to view it.

Terms and conditions for schools, businesses, and institutions can be downloaded here as a pdf file.