GENERAL CONDITIONS Therese-Skin care center
Article 1 - Definitions
- In these conditions the following terms have the following meanings:
Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to consumers at a distance;
- Additional agreement: an agreement whereby the consumer obtains products in connection with a distance contract and these goods are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
- Reflection period: the period within which the consumer can exercise his right of withdrawal;
- Day: calendar day;
- Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is tailored to the purpose what the information is for and which allows unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period
- Distance contract: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, in which up to and including the conclusion of the agreement, one or more techniques are exclusively or partly used for remote communication;
- Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions. Annex I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
- Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.
Article 2 - Identity of the entrepreneur
Therese- Skin Care Center
1076 CT Amsterdam
Tel: 020-6640305 Info@therese-skincarecenter.com
Chamber of Commerce no.33194248 VAT no : NL001358808B76
Article 3 - Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
- 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, before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be viewed by the entrepreneur and that they will be sent free of charge at the request of the consumer.
- If the distance contract is concluded electronically, notwithstanding 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 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 consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
- In the event that specific product, service and / or additional conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision in the event of conflicting conditions. is most favorable to him.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains the most complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products, services and / or digital content. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
- Each 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
- The agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment . If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur 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 establishment of the entrepreneur where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about guarantees and existing after-sales service;
- the price including all taxes on the product, service or digital content; insofar as applicable the delivery costs; 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 withdrawal form.
- In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery
Article 6 - Price
- 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 as a result of changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer products whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
- The prices stated in the offer of products or services include VAT.
Article 7 - Compliance and warranty
- The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
- An extra guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement. .
Article 8 - Delivery
- The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- With due observance of what is stated elsewhere in these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but at the latest within 14 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 14 days after placing the order. In that case, the consumer has the right to terminate the contract at no cost.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
- The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur, unless expressly agreed otherwise. Once a product has been shipped, the risk of damage and / or loss rests with the carrier.
Article 9 - Payment
- Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid in advance!
- The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
- If the consumer does not meet his payment obligation (s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, the statutory interest is due on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. 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 can deviate from the aforementioned amounts and percentages for the benefit of the consumer.
Article 10 - Withdrawal and reflection period
- The consumer can terminate an agreement with regard to the purchase of a product during a cooling-off period of at least 14 days without giving any reason (if not used). The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s).
- The reflection period referred to in paragraph 1 commences 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, has received the last product. The entrepreneur may, if he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with a different delivery time.
- 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, has received the last shipment or the last part;
- for 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. Extended reflection period for products when not informing about the right of withdrawal:
- 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 ends twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the effective date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.
Article 11 - Obligations of the consumer during the reflection period
- During the reflection period, the consumer will handle the product and packaging with care. He will not unpack or use the product because the entrepreneur cannot resell these products.
- If the consumer wants to ascertain the suitability and correct application of the product for him, he must contact the entrepreneur for advice before purchasing.
Article 12 - Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer makes use of his right of withdrawal, he will report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product (if not used), or hand it over to (an authorized representative of) the entrepreneur. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
- The consumer returns the product with all accessories supplied, in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product.
Article 13 - Obligations of the entrepreneur in case of withdrawal
- If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
- The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer reports the withdrawal.
- The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 14 - Exclusion of right of withdrawal
- The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
- Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period;
- Agreements concluded during a public auction. A public auction means a sales method whereby products are offered by the entrepreneur to the consumer who is personally present or who is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and whereby the successful bidder is obliged to deliver the products, purchase digital content and / or services;
- If the entrepreneur has indicated in the presentation of the product when ordering that withdrawal is impossible, for example in the case of clearance with a limited remaining shelf life.
- Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that, for reasons of health protection or hygiene, are not suitable for return and of which the seal has been broken after delivery;
- Products that by their nature are irrevocably mixed with other products.
Article 15 - Liability
- Except and insofar as damage is the direct result of intent or deliberate recklessness on the part of Therese-Skin Care Center, Therese-Skin Care Center will never be liable for damage, in whatever form, related to the (performance of the) agreement .
- Therese-Skin Care Center is not liable for damage of any kind caused by Therese-Skin Care Center based on incorrect and / or incomplete information provided by or on behalf of the Customer.
- Therese-Skin Care Center is not liable for damage of any kind, caused by improper or injudicious use of products, or by not acting in accordance with the advice or instructions of Therese-Skin Care Center or its Partners, or by incorrect or injudicious use by the consumer.
- To obtain advice about products and their use in a general or specific sense, the consumer can always first contact Therese-Skin Care Center via firstname.lastname@example.org or by phone 020-6640305
- In the event that Therese-Skin Care Center is, despite the above, still obliged to pay compensation, the consumer expressly acknowledges that the liability of Therese-Skin Care Center is contractual or otherwise, limited to a maximum amount equal to the value of the ordered products from which the damage arises or is related.
Article 16 - Privacy
- Therese-Skin Care Center records personal data of the Customer and processes this data for its own business operations, for making deliveries, providing services, maintaining contacts with the Customer, analyzing and improving its products and its services and sending information to the Customer about new products and services from Therese-Skin Care Center.
Article 17 - Complaints
- The entrepreneur handles the complaint in accordance with his complaints procedure.
- The customer can be submitted in writing via email@example.com
- Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement.
Article 18 - Disputes
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
- Disputes about contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively competent to hear the Dutch court.
Model withdrawal form
(only complete and return this form if you want to withdraw from the contract)
- To: Therese-Skin Care Center
Attn Returns Department
1076 CT Amsterdam