These General Terms and Conditions have been prepared in accordance with the guidelines of the Consumers' Association within the framework of the Coordination Group on Self-Regulation (CZ) of the Social and Economic Council and will 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 agreement
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and its costs
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - Price
Article 12 - Conformity and additional guarantee
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination, and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Industry guarantee
Article 19 - Additional or deviating provisions
Article 20 - Changes to the General Terms and Conditions
Article 1 - Definitions
In these terms and conditions, the following terms have the following meanings:
Supplementary 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 supplied by the entrepreneur or a third party on the basis of an agreement between this third party and the entrepreneur. Reflection period: the period within which the consumer can make use of his right of withdrawal. Consumer: a natural person who is not acting for purposes related to his trade, business, craft, or profession. Day: calendar day. Digital content: data that are produced and supplied in digital form. Durable medium: any device – including email – that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time that is aligned with the purpose for which the information is intended, 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 reflection period. Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers from a distance. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content, and/or services, whereby up to and including the conclusion of the agreement exclusive or partial use is made of one or more techniques for remote communication. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions; Annex I does not have to be provided if the consumer does not have a right of withdrawal with respect to his order. Technique for remote communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same place at the same time.
Article 2 – Identity of the entrepreneur
Company name: Kiljano
Operating under the names: Dianabeauty.nl, Dianacosmetics.nl, Prohaar.nl, Diana Beauty & Creative
Business address:
Mendelssohnstraat 68, 5144GH, Waalwijk
Telephone number: +31613555003
Email address: info@dianacosmetics.nl
Availability:
From Monday to Friday between 9:00 and 15:00
Chamber of Commerce number: 94019525
VAT number: NL005060594B10
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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge at the consumer's request as soon as possible. If the distance contract is concluded electronically, then in deviation 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 easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request. 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 invoke the applicable provision that is most favorable to him in the event of conflicting conditions. The agreement comes into effect at the moment the order is completed by means of payment confirmation. The agreement is always public and visible at the bottom of the website, and the consumer can familiarize himself with its content at any time.
Article 4 - 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 a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer are not binding on the entrepreneur. Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer.
Article 5 - Agreement
An agreement, subject to the provisions of paragraph 4, is concluded at the moment 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 the 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 secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur can, within the framework of the law, 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, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution. No later than at the time of delivery of the product, service, or digital content to the consumer, the entrepreneur will provide the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
a. the visit address of the business location of the entrepreneur where the consumer can go with complaints;
b. 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;
c. the information on warranties and existing after-sales services;
d. the price including all taxes of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
In case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
For products:
The consumer can dissolve an agreement concerning the purchase of a product during a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but he cannot oblige the consumer to state his reason(s). The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product. Due to their nature, the right of withdrawal does not apply to purchased digital content once the order has been executed.
Article 7 - Obligations of the consumer during the reflection period
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The starting point is that the consumer may only handle and inspect the product as he would be allowed to do in a store. The consumer is only liable for a decrease in value of the product that results from handling the product beyond what is permitted in paragraph 1. If the consumer, however, uses the product in such a way that it is no longer salable, he bears full responsibility and must cover the cost of returning the product to his address if he returns the product to the main office of the entrepreneur and the return is not accepted for reasons beyond those permitted in paragraph 1. The consumer is not liable for a decrease in value of the product if the entrepreneur did not provide him with 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 its costs
If the consumer exercises his right of withdrawal, he will report this within the reflection period by written notice to the entrepreneur via the email address info@dianacosmetics.nl or WhatsApp +31613555003. The consumer must return the product to the entrepreneur or hand it over to the entrepreneur (or an authorized representative of the entrepreneur) without delay, but within 14 days following the notification referred to in paragraph 1. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has observed the return period if he sends back the product before the reflection period has expired. The consumer returns the product with all delivered accessories, free items, and vouchers, if reasonably possible, in the original state and packaging and in accordance with the reasonable and clear instructions provided by the entrepreneur, and well protected against damage. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer. The consumer bears the direct costs of returning the product. The consumer does not have to bear the costs for return if the entrepreneur has stated that he will bear these costs. If the consumer exercises his right of withdrawal and complies with the provisions of Article 8, paragraph 1 and 2, all supplementary agreements will be terminated by operation of law.
Article 9 - Obligations of the entrepreneur in case of withdrawal
If the entrepreneur makes it possible for the consumer to notify him of withdrawal electronically, he will immediately send a confirmation of receipt after receiving this notification. The entrepreneur reimburses all payments made by 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 notifies him of the withdrawal. Unless the entrepreneur has offered to collect the product himself, he may wait to refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier. The entrepreneur uses the same means of payment for the refund that the consumer used 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 10 - Exclusion of the 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 or at least in time for the conclusion of the agreement: Products or services whose price is subject to fluctuations in the financial market that the entrepreneur has no influence over and which may occur within the withdrawal period. Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby the entrepreneur offers products, digital content, and/or services to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content, and/or services. A service agreement, after full performance of the service, but only if:
a. the performance has begun with the consumer's explicit prior consent; and
b. the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the agreement.
Agreements for the provision of leisure activities, if the agreement provides for a specific date or period of performance. Products manufactured according to consumer specifications, which are not prefabricated and which are made based on 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 are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery. Products that, due to their nature, are irrevocably mixed with other products after delivery.
Article 11 - Price
During the period of validity stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates. In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and which the entrepreneur has no influence over, at variable prices. This dependence on fluctuations and the fact that any listed prices are target prices are stated in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
Article 12 - Compliance agreement and additional guarantee
The entrepreneur 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 existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use 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 additional guarantee means 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 he has failed to fulfill his part of the agreement.
Article 13 - Delivery and execution
The entrepreneur will take the utmost care when receiving and executing 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 in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than 30 days unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation. 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 previously designated and announced representative to the entrepreneur, unless explicitly agreed otherwise.
Article 14 - Duration transactions: duration, termination, and extension
Termination:
The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month. The consumer can terminate a fixed-term agreement that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month. The consumer can terminate the agreements mentioned in the previous paragraphs:
a. at any time and not be limited to termination at a specific time or in a specific period;
b. at least terminate in the same way as they were entered into by him;
c. always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension:
An agreement entered into for a fixed term and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed term. In deviation from the previous paragraph, a fixed-term agreement that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a fixed term of no more than three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month. An agreement entered into for a fixed term and that extends to the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. The notice period is no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not automatically continued and ends automatically after the trial or introductory period.
Duration:
If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of no more than one month unless reasonableness and fairness dictate against termination before the end of the agreed duration.
Article 15 – Payment
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 the case of an agreement for the provision of a service, this period starts on the day after the consumer has received the confirmation of the agreement. When selling products to consumers, the consumer can never be obliged in general terms and conditions to pay more than 50% in advance. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay. If the consumer does not meet his payment obligation(s) on time, he is, after being reminded of the late payment by the entrepreneur and the entrepreneur granting 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 owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% for outstanding amounts up to 2500 EUR; 10% for the next 2500 EUR and 5% for the next 5000 EUR with a minimum of 40 EUR. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.
Article 16 – Complaints procedure
The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described, but no later than within 14 days. Complaints submitted to the entrepreneur will be answered within a period of 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 notice of receipt and an indication of when the consumer can expect a more detailed answer. The consumer must give the entrepreneur at least 1 week to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to dispute resolution.
Article 17 - Additional or deviating provisions
Additional or deviating provisions 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 medium.
Article 18 - Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Disputes between the consumer and the entrepreneur about the conclusion or performance of agreements with regard to products and services to be delivered or delivered by this entrepreneur can be submitted by both the consumer and the entrepreneur to the Disputes Committee Webshop, Postbus 90600, 2509 LP, The Hague (sgc.nl). A dispute will only be handled by the Disputes Committee if the consumer has submitted his complaint to the entrepreneur within a reasonable time. No later than twelve months after the dispute arises, the dispute must be submitted in writing to the Disputes Committee. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. When the entrepreneur wants to do so, the consumer must state in writing within five weeks after a request made in writing by the entrepreneur whether he wishes or wants to have the dispute handled by the competent court. If the entrepreneur does not hear of the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court. The Disputes Committee makes decisions under the conditions set out in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by way of binding advice. The Disputes Committee will not handle a dispute or discontinue the handling if the entrepreneur has been granted a suspension of payments, has gone bankrupt, or has actually terminated his business activities before a dispute has been handled by the committee at a hearing and a final decision has been rendered.
Article 19 - Industry guarantee
The Webshop Keurmerk guarantees the fulfillment of the binding advice of the Disputes Committee Webshop by its members, unless the member decides to submit the binding advice to the court for review within two months after its dispatch. This guarantee revives if the binding advice has been upheld after judicial review and the judgment from which this appears has become final. Up to an amount of 10,000 EUR per binding advice, this amount will be paid to the consumer by Webshop Keurmerk. For amounts greater than 10,000 EUR per binding advice, 10,000 EUR will be paid. For the remaining amount, the Webshop Keurmerk has a best efforts obligation to ensure that the member complies with the binding advice. To apply this guarantee, the consumer must make a written appeal to the Webshop Keurmerk and transfer his claim against the entrepreneur to the Webshop Keurmerk. If the claim against the entrepreneur exceeds 10,000 EUR, the consumer is offered to transfer his claim insofar as it exceeds the amount of 10,000 EUR to the Webshop Keurmerk, after which this organization will pursue payment of the amount in court at its own expense and in its own name to satisfy the consumer.
Article 20 - Additional or deviating provisions
Additional or deviating provisions 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 medium.
Article 21 - Changes to the General Terms and Conditions
Changes to these terms and conditions are only effective after they have been published in an appropriate manner, with the proviso that in the event of applicable changes during the term of an offer, the most favorable provision for the consumer will prevail.