These General Terms and Conditions have been developed in agreement with the Consumers' Association within the framework of the Coordination Group for Consultation on Self-Regulation (CZ) of the Socio-Economic Council and come into effect on June 1, 2014.
Table of contents:
Article 1 – Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - Offer
Article 5 - Agreement
Article 6 - Right to withdraw from the contract
Article 7 - Consumer's obligations during the reflection period
Article 8 - Exercise by the consumer of the right of withdrawal and its costs
Article 9 - Entrepreneur's obligations in the event of withdrawal
Article 10 - Exclusion of the right to withdraw from the contract
Article 11 - Price
Article 12 - Conformity and additional warranty
Article 13 - Delivery and execution
Article 14 - Transactions concerning duration: term, cancellation, and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Industry guarantee
Article 19 - Additional or different provisions
Article 20 - Changes to the General Terms and Conditions
Article 1 Definitions
In these terms and conditions, the following definitions apply:
- Supplementary Agreement: an agreement by which the consumer acquires products, digital content, and/or services in relation to a distance contract, and these goods, digital content, and/or services are supplied by the entrepreneur or a third party based on an agreement between this third party and the entrepreneur.
- Reflection Period: a period during which the consumer can make use of the right to withdraw from the contract.
- Consumer: a natural person who does not act for purposes relating to their trade, business, craft, or profession.
- Day: calendar day.
- Digital Content: data produced and supplied in digital form.
- Fixed-term Contract: a contract that covers the regular delivery of goods, services, and/or digital content over a specified period.
- Durable Medium: any tool – including email – that allows the consumer or entrepreneur to store information personally addressed to him in a way that enables future access or use for a period adapted to the purpose for which the information is intended, and which allows the stored information to be reproduced unchanged.
- Right of Withdrawal: the option for the consumer to withdraw from the distance contract during the reflection period.
- Entrepreneur: a natural or legal person who offers products, (access to) digital content, and/or services to consumers from a distance.
- Distance Contract: a contract concluded between the entrepreneur and the consumer within an organized system of distance sales of products, digital content, and/or services, where up to and including the time the contract is concluded, exclusive or joint use is made of one or more means of distance communication.
- Model Withdrawal Form: the European model withdrawal form included in Annex I to these conditions; Annex I does not have to be provided if the consumer does not have the right of withdrawal in relation to his order.
- Means of Distance Communication: a means that can be used to conclude an agreement, without the consumer and the entrepreneur having to meet in the same room at the same time
Article 2 – Identity of the entrepreneur
Business name: Atelier Amazing Hair
Operating under the names: Dianabeauty.nl, Dianacosmetics.nl, Prohaar.nl, Diana Beauty & Creative
Business address:
Mendelssohnstraat 68 5144GH, Waalwijk
Telephone number: +31682574808 Email address: info@dianacosmetics.nl
Availability:
From Monday to Friday between 9:00 am and 3:00 pm
Chamber of Commerce number: 68032862 VAT number: NL002512058B20
Article 3 - Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
- Before concluding a distance contract, the text of these Terms and Conditions will be made available to the Consumer. If this is not reasonably possible, the entrepreneur will indicate, before concluding the distance contract, how the general terms can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
- If the distance contract is concluded electronically, contrary to 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 easily save it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
- In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer can always invoke the applicable provision that is most favorable to him.
- The agreement takes effect at the time of order fulfillment through payment finalization (payment confirmation). The contract is publicly accessible at all times in a visible place at the bottom of the website, and the consumer can always familiarize himself with its content.
Article 4 - Offer
- If the offer has a limited validity period or is subject to certain conditions, this will be clearly stated in the offer.
- The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is detailed enough to allow the consumer to properly assess the offer. If the entrepreneur uses images, they are a true representation of the offered products, services and/or digital content. Obvious errors or mistakes in the offer do not bind the entrepreneur.
- Each offer contains information that makes it clear to the consumer what rights and obligations are associated with the acceptance of the offer.
Article 5 - Agreement
- An agreement is concluded, subject to paragraph 4, when the consumer accepts the offer and meets the set conditions.
- If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. Until the acceptance has been confirmed by the entrepreneur, the consumer can withdraw from the agreement.
- In the case of an electronic agreement, the entrepreneur will take appropriate technical and organizational measures to secure the electronic data transfer and provide a secure online environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur may, within legal limits, inquire whether the consumer can meet their payment obligations and about any facts and factors important for the responsible conclusion of a distance contract. If, based on this investigation, the entrepreneur has justified reasons not to enter into the agreement, he has the right to refuse an order or request, stating reasons, or to attach special conditions.
- No later than the time of delivery of the product, service, or digital content, the entrepreneur will send the consumer the following information in writing or in a manner that allows the consumer to save it in an easily accessible manner on a durable medium: A. Address of the entrepreneur's branch where the consumer can submit complaints; B. Conditions and the way the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; C. Information about warranties and after-sales service; D. The price including all taxes of the product, service, or digital content; if applicable, delivery costs; and method of payment, delivery or execution of the distance contract; E. Requirements for terminating the agreement if the agreement is concluded for a period longer than one year or for an indefinite period; F. If the consumer has a right of withdrawal – a model withdrawal form.
- In the case of a time-limited transaction, the provision of the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
For products:
- The consumer can withdraw from the product purchase agreement within 14 days without providing a reason. The entrepreneur may ask the consumer for the reason for withdrawal but cannot oblige him to provide it.
- The period for withdrawing from the contract referred to in paragraph 1 begins the day after the consumer or a third party designated by them, who is not the carrier, receives the product.
- Due to their nature, purchased digital content is not subject to the right of withdrawal once the order is executed.
Article 7 - Consumer's obligations during the reflection period
- During the withdrawal period, the consumer will handle the product and its packaging with care. They will only unpackage or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle is that the consumer may handle and inspect the product just as they would in a physical store.
- The consumer is only liable for any diminished value of the product resulting from handling beyond what is allowed in paragraph 1. However, if the consumer uses the product in a way that makes it unsuitable for further sale, they bear full responsibility and must cover the costs of resending the product to their address if they return the product to the entrepreneur's headquarters and the return is not accepted for reasons beyond what is allowed in paragraph 1.
- The consumer is not liable for the product's diminished value if the entrepreneur did not provide them with all the legally required information about the right of withdrawal before or at the time of concluding the agreement.
Article 8 - Exercising the right of withdrawal by the consumer and its costs
- If the consumer exercises the right of withdrawal, they must inform the entrepreneur within the withdrawal period in writing to the e-mail address info@dianacosmetics.nl or WhatsApp +31682574808. The consumer must immediately, but within 14 days from the day following the notification referred to in paragraph 1, return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer always meets the return deadline if they return the product before the withdrawal period expires.
- The consumer returns the product with all delivered accessories, freebies, and vouchers, if rationally possible, in its original condition and packaging and in accordance with clear and reasonable instructions provided by the entrepreneur, and properly protected from damage.
- The risk and 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. The consumer doesn't have to bear the return costs if the entrepreneur has declared that they will bear them.
- If the consumer exercises their right of withdrawal and adheres to the compliance of Article 8, paragraphs 1 and 2, all additional agreements will be terminated by operation of law.
Article 9 - Entrepreneur's obligations in case of withdrawal
- If the entrepreneur has allowed the consumer to report a withdrawal from the contract electronically, upon receiving this notification, he will immediately send a confirmation of its receipt.
- The entrepreneur will return to the consumer all payments made by him, including the delivery costs charged by the entrepreneur for the returned product, immediately, but within 14 days from the day on which the consumer informed him of the withdrawal from the contract. Unless the entrepreneur has proposed to collect the product himself, he can wait to return the money until the product is received or until the consumer has proven that he has returned the product, whichever comes first.
- The entrepreneur will make the refund using the same payment method as used by the consumer, unless the consumer has agreed to a different method. The refund is free of charge for the consumer.
- If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
Article 10 - Exclusion of the right to withdraw from the contract
- The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, at least in time before the contract is concluded:
- Products or services whose price is subject to fluctuations in the financial market, over which the entrepreneur has no control and which may occur during the withdrawal period.
- Contracts concluded at a public auction. A public auction is defined as a method of selling where the entrepreneur offers products, digital content, and/or services to the consumer, who is present or has the opportunity to be present at the auction, supervised by an auctioneer, and when the winning bidder is obliged to purchase the products, digital content, and/or services.
A service and contracts, after full performance of the service, but only when:
a. the provision began with the express prior consent of the consumer;
b. the consumer declared that he loses his right of withdrawal once the contract has been fully performed by the entrepreneur.
- Contracts for leisure activities if the contract provides for a specific date or period of performance.
- Products made to the consumer's specifications, which are not prefabricated and have been made based on the individual choice or decision of the consumer, or are clearly intended for a specific person.
- Products that deteriorate quickly or have a limited shelf life.
- Sealed products that are not suitable for return due to health or hygiene reasons and were unsealed after delivery.
- Products which, due to their nature, are irrevocably mixed with other items after delivery.
Article 11 - Price
- During the period of validity specified in the offer, the prices of the offered products and/or services will not increase, except for price changes resulting from changes in VAT rates.
- Regardless of the previous paragraph, the entrepreneur may offer products or services with variable prices, which are subject to fluctuations in the financial market and over which the entrepreneur has no control. This liability for fluctuations and the fact that the given prices are target prices are stated in the offer.
- Price increases within 3 months of the contract's conclusion are permissible only if they result from legal or regulatory provisions.
Price increases from 3 months after the conclusion of the contract are only permissible if the entrepreneur has stipulated this and:
a. they result from legal or regulatory provisions; or
b. the consumer has the right to withdraw from the contract from the day the price increase takes effect.
- Prices given in the offer for products or services include VAT.
Article 12 - Compliance with the contract and additional warranty
- The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable reliability and/or usability requirements, and the laws and/or governmental regulations in force on the day the contract was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal.
- An additional warranty provided by the entrepreneur, his supplier, producer, or importer in no way restricts the rights and claims the consumer can assert against the entrepreneur if the entrepreneur has not fulfilled his part of the contract.
- An additional warranty means any obligation of the entrepreneur, his supplier, importer, or producer, under which they grant the consumer specific rights or claims that go beyond what they are legally obliged to if they do not fulfill their part of the contract.
Article 13 - Delivery and execution
- The entrepreneur will exercise the utmost care in accepting and implementing orders for products and in assessing applications for service provision.
- The place of delivery is the address that the consumer provided to the entrepreneur.
- Bearing in mind the provisions of art. 4 of these general terms and conditions, the entrepreneur will execute accepted orders efficiently, no later than 30 days unless another delivery time has been agreed. If the delivery is delayed, or if the order can't be executed or only partially, the consumer will be informed about this no later than 30 days after placing the order. In this case, the consumer has the right to withdraw from the contract without incurring costs and is entitled to compensation.
- After dissolving the contract in accordance with the previous paragraph, the entrepreneur will immediately refund the amount the consumer paid.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and announced representative, unless explicitly agreed otherwise.
Article 14 - Transactions related to the duration: the term, cancellation, and extension
Termination:
- The consumer may at any time terminate an indefinite contract for the regular supply of products (including electricity) or services, taking into account the agreed terms of withdrawal from the contract and a notice period not longer than one month.
- The consumer may at any time terminate a fixed-term contract for the regular supply of products (including electricity) or services at the end of the contract term, taking into account the agreed terms of withdrawal and a notice period of at least a maximum of one month.
- The consumer may withdraw from the contracts mentioned in the previous paragraphs:
a. At any time and cannot be limited to withdrawal at a specified time or deadline;
b. At least nullify them in the same way they were entered into;
c. Always withdraw with the same notice period that the entrepreneur set.
Extension:
- A fixed-term contract for the regular supply of products (including electricity) or services may not be automatically extended or renewed for a specified period.
- Regardless of the previous paragraph, a fixed-term contract for the regular delivery of daily news and weekly newspapers and magazines can be automatically extended for a specified period of up to three months if the consumer refuses to accept this extended contract. They can terminate the extension with a notice period not exceeding one month.
- A fixed-term contract for the regular supply of products or services can only be automatically extended indefinitely if the consumer can withdraw at any time with a notice period not longer than one month. The notice period is a maximum of three months if the contract concerns the regular delivery of newspapers, news, and weeklies, but less frequently than once a month.
- A fixed-term contract for the regular delivery of newspapers, news, and weeklies for introductory purposes (trial or preliminary subscription) is not automatically continued and automatically ends after the trial or preliminary period.
Duration:
If the contract lasts longer than a year, the consumer can terminate the contract at any time after one year with a notice period not exceeding one month unless reason and fairness oppose terminating the contract before the agreed term.
Article 15 – Payment
- Unless otherwise specified in the contract or additional conditions, amounts due to the consumer should be settled within 14 days from the beginning of the reflection period or if there's no reflection period, within 14 days of concluding the contract. In the case of a service contract, this period starts the day after the consumer receives confirmation of the contract.
- When selling products to consumers, the consumer can never be obliged to pay more than 50% upfront according to general conditions. If an upfront payment is stipulated, the consumer cannot assert any rights regarding the execution of that order or services before the agreed deposit has been made.
- The consumer is obligated to immediately report any inaccuracies in payment details provided or mentioned by the entrepreneur.
- If the consumer does not meet their payment obligations on time, after being informed of the overdue payment by the entrepreneur and given a 14-day period to fulfill these obligations, if payment isn't made within 14 days, statutory interest will be applied to the outstanding amount, and the entrepreneur is entitled to charge the extrajudicial collection costs they incurred. Collection costs amount to a maximum of: 15% on outstanding amounts up to 2500 EUR; 10% on the next 2500 € and 5% on the next 5000 € with a minimum of 40 €. The entrepreneur can deviate from these amounts and percentages in favor of the consumer.
Article 16 – Complaints procedure
- The entrepreneur has a well-publicized complaints procedure and handles the complaint according to this complaints procedure.
- Complaints about the execution of the contract must be submitted to the entrepreneur in a clear and detailed manner within a reasonable period after the consumer has discovered the defect, but no longer than 14 days.
- Complaints submitted to the entrepreneur will be responded to within 5 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 4 days with a receipt confirmation and indicate when the consumer can expect a more detailed response.
- The consumer must give the entrepreneur at least 1 week to handle the complaint in mutual consultation. After this period, a dispute arises that is subject to dispute resolution.
Article 17 - Additional or different provisions
Additional or differing provisions compared to these general conditions may not be to the detriment of the consumer and must be written down in writing or in such a way that the consumer can store them in an accessible manner on a permanent data carrier.