Terms and conditions

Secure DAT Terms and Conditions 01 January 2021

These General Terms and Conditions of Stichting Webshop Keurmerk have been drawn up in consultation with the Consumers' Association within the framework of the Coordination Group Self-regulation Consultation (CZ) of the Social and Economic Council and will come into effect on 1 June 2014.

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 costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Compliance and extra guarantee
Article 13 - Delivery and implementation
Article 14 - Duration transactions: duration, cancellation and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Industry guarantee
Article 19 - Additional or deviating provisions
Article 20 - Amendments to the general terms and conditions of Stichting Webshop Keurmerk

Article 1 - Definitions

In these conditions the following terms have the following meanings:
  1. Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  2. Reflection period: the period within which the consumer can make use of his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
  4. Day: calendar day;
  5. Digital content: data that is produced and delivered in digital form;
  6. Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
  7. Durable medium: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is geared to the purpose. for which the information is intended and which allows unaltered reproduction of the stored information;
  8. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
  9. Entrepreneur: Secure DAT who is a member of Stichting Webshop Keurmerk and who offers products, (access to) digital content and / or services to consumers from a distance;
  10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products, digital content and / or services, whereby exclusive or joint use is made up to and including the conclusion of the agreement. one or more techniques for distance communication;
  11. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time;
Article 2 - Identity of the entrepreneur

Name of entrepreneur: Secure DAT
Secure DAT is a subsidiary of DAT Training
Business address; 
Aletta Jacobsstraat 38, 7844PB, Veenoord, The Netherlands
Telephone number;
0031 (0) 611 720482
Opening time; 
Monday to Friday 9am to 5pm except bank holidays
E-mail address; 
info@securedat.nl
Chamber of Commerce number; 
66889995
VAT identification number; 
NL856742491B01

Article 3 - Applicability
  1. These general terms and conditions apply to any offer from Secure DAT and to any distance contract concluded between Secure DAT and the 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, Secure DAT will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed and that they will be free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can be easily stored 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 will be sent free of charge at the request of the consumer electronically or otherwise.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always rely on the applicable provision that is most favorable to him in the event of conflicting conditions.
Article 4 - The offer
  1. If an offer has a limited period of validity or is made 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 enable the consumer to make a proper assessment of the offer. If Secure DAT uses images, these are a true representation of the products, services and / or digital products being offered. Obvious mistakes or errors in the offer are not binding for Secure DAT.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are involved in accepting the offer.
Article 5 - The agreement
  1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the corresponding conditions.
  2. If the consumer has accepted the offer electronically, Secure DAT will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Secure DAT, the consumer can cancel the agreement.
  3. If the agreement is concluded electronically, Secure DAT will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, Secure DAT will observe appropriate security measures.
  4. Secure DAT can - 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, Secure DAT has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to impose special conditions on the implementation.
  5. At the latest upon delivery of the product, service or digital content to the consumer, Secure DAT will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
  • the visiting address of the business location of Secure DAT where the consumer can go with complaints;
  • the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • information about guarantees and existing service after purchase;
  • the price, including all taxes on the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract;
  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
  • if the consumer has a right of withdrawal, the model form for
     6. In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

For products:
  1. The consumer can enter into an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without stating reasons. Secure DAT may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s).
  2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
  • if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. Secure DAT has clearly informed the consumer about this prior to the ordering process, an order for several products with different delivery times.
  • if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
  • in the case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
Article 7 - Obligations of the consumer during the reflection period
  1. During the reflection period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he or she would be allowed in a shop.
  2. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1 above.
  3. The consumer is not liable for the depreciation of the product if Secure DAT does not have all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
  1. If the consumer makes use of his or her right of withdrawal, he or she must report this to Secure DAT within the reflection period by means of 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 authorized representative of) Secure DAT. This is not necessary if Secure DAT has offered to collect the product. The consumer has in any case complied with the return period if he returns the product before the reflection period has expired.
  3. The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Secure DAT.
  4. The risk and the 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.
  6. If the consumer makes use of his right of withdrawal, all additional agreements become legally binding.
Article 9 - Obligations of Secure DAT in case of withdrawal
  1. If Secure DAT makes the notification of withdrawal by the consumer electronically possible, Secure DAT will immediately send a notification after receipt of this notification.
  2. Secure DAT will reimburse all payments from the consumer, including any delivery costs charged by Secure DAT for the returned product, immediately but within 14 days following the day on which the consumer makes the withdrawal. Unless Secure DAT offers to collect the product, refunds or any payments will not be made until Secure DAT has received the product or until the consumer demonstrates that he or she has returned the product, whichever is the earlier.
  3. Secure DAT uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Secure DAT will not have to refund the additional costs for the more expensive method.
Article 10 - Exclusion of right of withdrawal

Secure DAT can exclude the following products and services from the right of withdrawal, but only if Secure DAT has clearly stated this in the offer, at least in time for the conclusion of the agreement:
  1. Products or services whose price is dependent on fluctuations in the financial market on which Secure DAT has no influence and which may occur within the withdrawal period.
  2. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery.
Article 11 - The price
  1. During the period of validity stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, Secure DAT can offer products or services whose prices are subject to fluctuations in the financial market and over which Secure DAT has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are included in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if Secure DAT has stipulated this and:
  • they are the result of statutory regulations or provisions; or
  • the consumer has the authority to cancel the agreement on the day on which the price increase
     5. The prices stated in the offer of products or services are inclusive of VAT (BTW).

Article 12 - Fulfillment of the agreement and extra guarantee
  1. Secure DAT guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations.
  2. An extra guarantee provided by Secure DAT, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against Secure DAT on the basis of the agreement if Secure DAT has failed to fulfill his part of the agreement.
  3. An additional guarantee is understood to mean any obligation of Secure DAT, his supplier, importer or producer in which Secure DAT grants the consumer certain rights or claims that go beyond what Secure DAT is legally obliged to do in case Secure DAT has failed to fulfill Secure DAT part of the agreement.
Article 13 - Delivery and implementation
  1. Secure DAT will take the greatest possible care when receiving and implementing orders for products and in the evaluation of requests for the provision of services.
  2. The place of delivery is the address that the consumer makes known to Secure DAT.
  3. With due observance of what has been stated in Article 4 of these general terms and conditions, Secure DAT will execute accepted orders with due speed, but no later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive this no later than 30 days after placing the order. The consumer in that case has the right to dissolve the agreement free of charge and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, Secure DAT will immediately pay the amount that the consumer has paid.
  5. The risk of damage and / or loss of products rests with Secure DAT until the moment of delivery to the consumer or a pre-designated representative made known to Secure DAT, unless expressly stated otherwise.
  6. Brexit 1st January 2021. Thank you to our valued customers in the UK for your continued support. Due to the UK leaving the EU, we unfortunately cannot accept orders to the UK at the moment. New rules in terms of customs will be put into place shortly and we are working hard with our shipping partners to find the best possible solution for us to deliver your orders. Please don’t hesitate to contact us if you have any questions.
Article 14 - Duration transactions: duration, cancellation and extension

Cancellation:
  1. The consumer can enter into an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products or services, at any time with due regard of the agreed cancellation rules and a notice period of no more than one month.
  2. The consumer may in the agreements mentioned in the previous paragraph:
  • cancel at any time and not be limited to cancellation at a specific time or in a specific period;
  • at least cancel in the same way as they entered into;
     3. always cancel with the same notice period as Secure DAT has for him/herself.

Article 15 – Payment
  1. For online orders placed in store, payment will be taken at the time the order is placed.
  2. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement. In case of an agreement to provide a service, this period starts on the day after the consumer has confirmed the agreement.
  3. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment has been stipulated, the consumer cannot assert any rights whatsoever regarding the execution of the order or service (s) before the stipulated advance payment has been made.
  4. The consumer has the duty to report inaccuracies in provided or stated payment details to Secure DAT without delay.
  5. If the consumer does not fulfill his or her payment obligation (s) on time, after he or she has been informed by Secure DAT of the late payment and Secure DAT has granted the consumer a period of 14 days to still fulfill his or her payment obligations, after the non-payment within this 14-day period, the statutory interest is due on the amount owed and Secure DAT is entitled to charge the extrajudicial collection costs incurred by Secure DAT. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. 00 Secure DAT can deviate from the aforementioned amounts and in favor of the consumer.
Article 16 - Complaints procedure
  1. Secure DAT has a complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted fully and clearly described to Secure DAT within a reasonable time after the consumer has discovered any defects.
  3. Complaints submitted to Secure DAT will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Secure DAT will reply within 14 days with a confirmation of receipt and an indication when the consumer will be provided with a more detailed answer.
  4. A complaint about a product, service or service provided by Secure DAT can also be submitted via a complaints form on the consumer page of the website of Stichting Webshop Keurmerk (http://keurmerk.info/Home/MisuseOfKlacht).
  5. If the complaint cannot be resolved in mutual consultation within a reasonable period or within 3 months after submission of the complaint, a dispute arises that is subject to the dispute settlement procedure.
Article 17 - Disputes
  1. Contracts between Secure DAT and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
  2. Disputes between the consumer and Secure DAT about the conclusion or performance of agreements with regard to products and services to be delivered or delivered by Secure DAT can, with due observance of the provisions below, be submitted by both the consumer and Secure DAT to the Webshop Disputes Committee. , PO Box 90600, 2509 LP in The Hague (sgc.nl).
  3. A dispute will only be handled by the Disputes Committee if the consumer has first submitted his or her complaint to Secure DAT within a reasonable time.
  4. No later than twelve months after the dispute arose, the dispute must be submitted in writing to the Disputes Committee.
  5. If the consumer submits a dispute to the Disputes Committee, the consumer will have to state in writing within five weeks if he or she accepts the resolution or wishes to have the dispute dealt with by a competent court. If Secure DAT does not hear of the consumer's choice within the period of five weeks, Secure DAT is entitled to submit the dispute to a competent court of Secure DATs choice.
  6. The Disputes Committee makes a decision under the conditions as set out in the regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/de-commissies / 2701 / webshop). 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 discontinue the proceedings if Secure DAT (DAT Training) has been granted a moratorium, has become bankrupt or has actually terminated its business activities, before a dispute has been dealt with by the committee at the hearing and a final decision.
  8. If, in addition to the Webshop Disputes Committee, another disputes committee that is recognized or affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Disputes Committee Stichting Webshop Keurmerk will be responsible for disputes mainly concerning the method of remote sales or services. For all other disputes the other recognized disputes committee affiliated with SGC or Kifid should be contacted.
Article 18 - Industry guarantee
  1. Stichting Webshop Keurmerk guarantees that its members comply with the binding advice of the Stichting Webshop Keurmerk Disputes Committee, unless the member decides to submit the binding advice to the court for review within two months after it was sent. This guarantee is revived if the binding advice has been upheld after a court review and the judgment proving this has become final. Up to an amount of € 10,000 per binding advice, this amount will be paid to the consumer by Stichting Webshop Keurmerk. For amounts greater than € 10,000 per binding advice, € 10,000 will be paid. For the excess, Stichting Webshop Keurmerk has a best efforts obligation to ensure that the member receives the binding advice.
  2. Application of this guarantee requires that the consumer makes a written appeal to Stichting Webshop Keurmerk and that he or she transfers his claim against Secure DAT to Stichting Webshop Keurmerk. If the claim against Secure DAT amounts to more than € 10,000, the consumer is offered to transfer his or her claim in so far as it exceeds the amount of € 10,000 to Stichting Webshop Keurmerk, after which this organization will make the payment in its own name and costs.
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 data carrier.

Article 20 - Amendments to the general terms and conditions of Stichting Webshop Keurmerk
  1. Stichting Webshop Keurmerk will not change these general terms and conditions except in consultation with the Consumers' Association.
  2. Changes to these terms and conditions are only effective after they have been published in the appropriate manner, on the understanding that in the event of applicable changes during the term of an offer, the most favorable provision for the consumer will prevail.
Address Stichting Webshop Keurmerk: Willemsparkweg 193, 1071 HA Amsterdam

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