General points

The general conditions described below apply to all sales made via ING Giftshop's website (www.giftshop.ing.com) of ING Group NV (Registered office: Postbus 810, 1000 AV Amsterdam, the Netherlands).
ING has the right to modify the present general conditions available on ING's website at any moment. Internet users will be informed about these modifications via ING's giftshop website. ING Group has also the right to modify at any time the characteristics or the prices of products or services offered via ING Giftshop's website.

The general conditions applicable to a sale and also the characteristics of the sold products and services and the prices applied to these products and services remain, in any case, those who were present and in force on ING Giftshop 's website at the moment of the conclusion of the sale.

The present general sales conditions and the sales contracts concluded via ING Giftshop's website represent all the agreements entered into between the parties concerning the subject of the present general conditions, regardless whether the buyer renounces to take advantage of any other contradictory document or not.

Sale

The products and services described on the ING Giftshop's website are offered for sale to ING personnel or affiliates, ergo private individuals residing in the United States, a member state of the European Union or outside the European Union, regardless whether they act for private (as « consumers ») or professional purposes. Goods are supplied by ING Group, in which case the latter is the seller, or by a third company, in which case ING simply acts as an intermediary in the name and on behalf of the concerned company whose identity, geographic address and the capacity as a seller are mentioned on ING Giftshop's website.

Before placing an order, the buyer has to control whether the item to be delivered or the service to be provided respects the legislation of the country of the delivery.

The sale is concluded as soon as ING Group receives the order, but is subject to sufficient availability of the stocks and to the validity period of the offer. The order as it is received by ING Group constitutes proof of the existence and the content of the order placed by the consumer, unless the latter can prove the contrary. Within 24 hours after the sending of his/her order, the consumer will receive an electronic mail to confirm the reception of the order by ING Group. Past this period, it shall be considered that the order has not been received and that the contract has not been entered into. In that case, the consumer has the right to be reimbursed as soon as possible for all the amounts already paid. If ING Group is not able to provide the order, it will inform the customer as soon as possible and reimburse the amounts already paid.

If the order departs from the offer of the seller, even on secondary points, the contract will only be entered into if the seller accepts, in writing, the departures formulated by the buyer.

Delivery period

With regard to the products offered on ING Giftshop's website, the seller commits himself/herself, subject to the supplying by the buyer, precisely and exactly, of all necessary information for the delivery of the items he ordered via the Internetsite, to deliver the ordered items within a period of 30 days starting after the day on which the buyer placed his/her order. After this period, the buyer has the right to cancel the order and to be reimbursed.

The Seller guarantees that goods will be picked and shipped out of the warehouse within two working days (national Dutch holidays excepted) after placing order. However, the Seller is not liable for any delays in transport by third parties or caused by import delays caused by local Custom Services.

The buyer is informed as soon as possible about any exceeding or risk of exceeding of the delivery period due to stock unavailability.

If the buyer refuses, without just reason, to take delivery of the items ordered and delivered or is negligent in supplying the necessary information for the delivery of these items, the items thus intended to be delivered to the buyer will be kept by the seller at the risks of the buyer, after the latter has been informed of it. The buyer will have to bear all costs concerning this keeping.

With regard to the ordered services offered on ING Giftshop's website, the seller commits himself/herself, subject to the delivery by the buyer, in a precise and exact way, of all the necessary information required for the performing of the services ordered, to perform the contract within a period of 30 days starting after the day on which the buyer placed his/her order or, if applicable, on the date mentioned on the electronic order form. The latter date can be fixed after the period of 30 days. After this period, the buyer has the right to cancel the order and to be reimbursed of the paid amounts. The buyer is informed as soon as possible of any exceeding or risk of exceeding of the turnaround time.

For each product or service, the buyer has to control the conformity of the delivered product or of the provided service with the detailed description and the model, available on ING Giftshop's website, of the related product or service and also the conformity of the quality and the quantity of the delivered product or of the performed service with the placed order.

Price

All prices mentioned on ING Giftshop's website are worded in euro. Unless expressly told otherwise on ING Giftshop's website, the prices worded in another currency are only mentioned for information.

The mentioned forwarding costs and taxes are always to be borne by the buyer.

The forwarding costs can differ, according to the delivery forms chosen by the buyer at the order, among the different solutions proposed on ING Giftshop's website.

Within the European Union the Dutch VAT (value added tax) will be added to the sales price and will also displayed on the website when placing your order and will be included in the confirmation mail. Buyers outside the EU will have to pay their customs duties locally. As the buyer has no control at all on the taxes due for the sale of products and services outside the Member States of the European Union and as he/she cannot determine them precisely and exhaustively, the latter has to contact his/her local customs office for any inquiry on that subject. A 'pro forma' document will be prepared to enable import and assessing these taxes by the authorities.

Payment

In order to confirm the sale, the buyer has to accept one of the modes of payment described on the ING Giftshop's website. In the case of a payment via credit card (Visa or Eurocard/Mastercard), ING will charge the transaction seven working days after the delivery of the items or the conclusion of the service contract.

Without prejudice to the aforementioned, the price is immediately payable at the date of the conclusion of the sale.

The delivered items remain the exclusive and inalienable property of the seller until the buyer has paid all his/her debts towards the seller as a result of orders placed via the website of ING Giftshop. The risks with regard to the loss or the deterioration of the items are however borne by the sole buyer as from the delivery of the items. This is also the case for all costs and taxes and, if need be, for the related interests.

Lacking payment within ten days after formal demand by simple written notification, the sale will automatically be cancelled and the seller can take the delivered items back without prejudice of damages and interests. All risks linked to the sold items and among other things the risks of loss, destruction or deterioration of items will be at the expense of the buyer as soon as the items are delivered to him/her.

A private individual placing an order on ING Giftshop's website is considered as sole responsible for this order and for the payment of the latter, even if the order has been placed on behalf of a third party.

Right to withdraw from the purchase

For products and services sold by ING Group as for these one sold by a third company through the intermediary of ING Group, the consumer has the right to notify to the seller, that he/she withdraws from his/her purchase, without penalties and without giving any reason, within seven working days, starting as from the day placing the order.

He/she exercises this right by sending a notification by electronic mail through the "contact us"button on the www.giftshop.ing.com

In that case, the buyer also has to return the items in their original state and at his/her costs to the following address:

ING Giftshop, c/o
Postbank Mailingcentrum
Neptunusweg 6-8
8938 AA Leeuwarden
the Netherlands

The consumer has no right of withdrawal from the purchase for services if the performance of the service has begun, with the consumer's agreement, before the end of the withdrawal period of seven working days mentioned before, for products which, for reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly, or for the supply of audio or video recordings or computer software which were unsealed by the consumer. If the right to withdraw is exercised, the seller will reimburse the amounts already paid to the buyer, without costs, within 30 days after receiving his/her notification.

Guarantee after delivery to the buyer

If the consumer, within two months after delivery, notices the existence of a defect of conformity that existed at the delivery of the item and that he/she didn't know or could reasonably ignore at the moment of signing the contract, he/she still has a period of two months as from delivery to notify the existence of the fault by sending an electronic notification through the "contact us" button on the www.giftshop.ing.com website.

The consumer has also to send the related item back to the aforementioned address (Postbank Mailingcentrum) in the Netherlands.

If the buyer makes an appeal to the guarantee for items bought on the ING Giftshop's website, the seller will repair or replace the item within 60 days after the receiving of the item, as it is, at the aforementioned address or, if it is not reasonably possible to send the item back, as it is, after the receipt of the written notification of the conformity defect of conformity the seller, unless it is impossible or disproportionate. The repairing or replacement of the item is considered as disproportionate if it imposes costs to the seller that are unreasonable compared to the other compensation system considering :

• the value that would have the item without the defect of conformity,
• the importance of the defect of conformity and
• the question whether the other compensation form can be worked out without major inconvenience for the consumer.

Any repairing brings about administrative and other costs for ING Group for at least 100 euro per item to be repaired and requires a minimum period of 40 days after receipt of the related item.

The consumer has the right to require an appropriate price cut or the cancelling of the contract from the seller :

• if he/she can't have the item repaired or replaced
• if the seller cannot repair the item or replace it within a reasonable period or without major inconvenience for the consumer.

The consumer cannot require the cancellation of the contract for a minor fault. Any reimbursement of the consumer will happen within 30 days after the receiving of his/her notification as for all that the item has been sent back in its original state and will be reduced proportionally in order to take into account the use the consumer had since the delivery.

The legal rights that the consumer has at his/her disposal on account of the applicable national legislation concerning the selling of consumer goods are not influenced by the present guarantee. The latter is also valid if the delivered item is to be used in other States than those where the items are offered for sale on the ING Giftshop's website, in so far as the consumer expressly mentions this use at the order.

The guarantee can however not be applied :

• if the buyer has made changes or if changes have been made at his/her demand to the bought item or if he/she has added accessories or if accessories have been added that are not in conformity with the technical specifications of the item, without preliminary written permission of the seller;
• if the buyer or a third party has used this item without respecting the utilisation instructions or conditions of the item or for purposes that it is not intended for, without the preliminary written permission of the seller.
• in case of gross or intentional misconduct of the buyer or of a third party.

Without prejudice to the aforementioned and unless otherwise expressly stipulated, the products and services sold through the intermediary of ING Group in the name and on behalf of a third party are supplied without guarantee and without liability of ING Group, unless the latter was aware of the fault at the moment of the sale or in case of gross or intentional misconduct on its behalf.

The consumer will have to refer to the possible guarantee of the seller that will be available on ING Giftshop's website.

Liability of ING Group

ING Group declines any responsibility due to the application of the present general conditions, and the guarantee offered by ING Group as a seller is not applied if the caused damage is the consequence of acts or performances due to third parties on which ING has no control at all or to the buyer himself/herself or is the consequence of acts or performances due to third parties on which ING has no control at all or to the buyer himself/herself or is the consequence of an event independent of the will of ING Group (as, among other things, acts of the authorities, wars, riots, strikes, default of the own suppliers, of the means of transport or communication, damages caused by fire or acts of God) or any other circumstances beyond one's control.

Unless gross or intentional fault from its part or from its employees, ING Group, when acting as a seller, is not liable for the indirect damages, as among other things but without limitation, loss of earnings, of profit, of opportunities, of customers or of expected savings, costs to get a service or an equivalent product or damage to reputation.

Without prejudice to contrary provisions in the present general conditions when ING Group acts just as an intermediary in the name of and on behalf of the related company whose identity, geographic address and the capacity as a seller are mentioned on ING Giftshop's website, its responsibility is limited to that of an host concerning the information supplied by the related sellers and stored on ING Giftshop's website. As such, ING Group is not liable for this information provided that it is not aware of facts or circumstances showing the illicit character of the activity or of the information or that it is acting promptly, as soon as it is aware of such acts, to withdraw the information or to make access to it impossible, and, if the need arises, inform the authorities concerned.

Remarks, questions and complaints

Any question, remark and complaint with regard to the ING Giftshop can be transmitted through the "contact us" button on www.giftshop.ing.com button.

Other provisions

The present general conditions and all sales concluded via ING Giftshop's website are governed in accordance with the laws of the Netherlands and, without prejudice of departures, expressly stipulated or not, within the context of these general conditions or of these sales, with the Vienna Convention on the contracts for the international sale of goods.

The courts of the Netherlands will be competent in the case of a litigation concerning the application, interpretation or execution of the present general conditions and of any selling achieved via ING Giftshop's website.

The nullity of any provision of the general conditions will not affect the validity, the scope and the binding nature of the remaining provisions of the general conditions. The provisions of the present conditions apply without prejudice to any mandatory legal or regulatory provisions.

Copyright September 2003, ING Group - Registered Office : Postbus 810, 1000 AV Amsterdam, the Netherlands - VAT NL 00 95 49 42 0B 01 - All rights reserved. Reproduction is prohibited without prior and written authorisation from ING.