HEMA sentenced to suspend e-commerce contribution to franchisees
HEMA is in conflict with its franchisees about the contribution to e-commerce costs. HEMA believes that the existing scheme from 1997 is outdated. Until a few years ago, the contribution for e-commerce was always determined in close consultation with the franchisees. After that, no agreement was reached on the settlements.
HEMA charges its franchisees a fee for e-commerce activities. HEMA settles these invoices with credit balances of the franchisees. The franchisees opposed this and requested that HEMA be ordered in summary proceedings to prohibit HEMA from taking collection measures with regard to e-commerce invoices. In short, the franchisees have argued that they have been unable to verify the figures on which the invoices are based, that they have indications that HEMA’s calculation is incorrect and that – as happened before – they jointly with HEMA paid the contribution. for e-commerce. Separate proceedings on the merits are also pending before the Amsterdam District Court.
The court rules that it will have to be determined in the proceedings on the merits how the agreements on the contribution to e-commerce should be interpreted. Without anticipating the decision of the court on the merits, the provisional relief judge sees reason to order HEMA to suspend the settlement for the time being. Although it is questionable whether the assertions of the franchisees are correct, this cannot be ruled out by the preliminary relief judge. Moreover, the franchisees have already paid a substantial part of HEMA’s invoices and the court in the main proceedings is expected to pass judgment in the foreseeable future. HEMA is ordered not to take any collection measures for the time being regarding an alleged contribution to the costs of e-commerce. See the judgment of the District Court of Amsterdam of 6 March 2018, ECLI:NL:RBAMS:2018:1291.
mr. AW Dolphin – franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice. Do you want to respond? Go to dolphijn@ludwigvandam.nl .
Other messages
The manager (employee) who becomes a franchisee – fictitious employment?
On 14 December 2016, the subdistrict court judge of the District Court of Noord-Holland, ECLI:NL:RBNHO:2016:11031 (Employee/Espresso Lounge), considered the situation in which an employee
The Supreme Court sets strict requirements for franchise forecasts
A ruling by the Supreme Court on Friday casts a new light on the provision of profit and turnover forecasts to aspiring franchisees.
Infringement of exclusive service area by franchisor in connection with formula change dated February 27, 2017
On 30 January 2017, the provisional relief judge of the District Court of Noord-Holland, ECLI:NL:RBNHO:2017:688 (Intertoys/franchisee), was asked how to deal with the
Forecasts at startup franchise formula
The Amsterdam Court of Appeal ruled on 14 February 2017, ECLI:NL:GHAMS:2017:455 (Tot Straks/franchisee) on the question whether the franchisor had provided an unsatisfactory prognosis and whether the
Mandatory transfer of franchise business to franchisor?
On January 23, 2017, the District Court of Amsterdam, ECLI:NL:RBAMS:2017:412 (CoffeeCompany/Dam Spirit BV) rendered a judgment on the question whether a franchisee upon termination of the cooperation
Transfer customer data to franchisor
In its judgment of 10 January 2017, ECLI:NL:GHAMS:2017:68 (OnlineAccountants.nl), the Amsterdam Court ruled, among other things, on the question of how customer data should be transferred.