General terms and conditions of remote delivery
Table of contents
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion
right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, cancellation and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article
16 – Additional or deviating provisions
Article 1 – Definitions
In these conditions the following definitions apply:
- Reflection period: the period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Sustainable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a manner that allows future consultation and unaltered reproduction of the stored information
makes possible. - Right of withdrawal: the option for the consumer to cancel within the cooling-off period
of the distance contract; - Model form: the model withdrawal form that the entrepreneur makes available that a consumer can complete when he wants to exercise his right of withdrawal.
- Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
- Distance agreement: an agreement whereby, in the context of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion
the agreement exclusively uses one or more techniques for distance communication; - Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
- General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Beauty Unlimited Amsterdam;
Keizersgracht 520H
1017EK Amsterdam
E-mail address: info@beautyunlimitedamsterdam.nl
Chamber of Commerce number: 93802188
VAT identification number: NL866532766B01
Article 3 – Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders 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, this will be indicated before the distance contract is concluded
that the general terms and conditions can be viewed at the entrepreneur 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, 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.
be made in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, this will be done before the distance contract is concluded
indicates where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer. - In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and the consumer can opt out in the event of conflicting general terms and conditions.
always rely on the applicable provision that is most favorable to him. - If one or more provisions in these general terms and conditions are wholly or partially null and void or are annulled at any time, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be mutually exclusive.
consultation will be immediately replaced by a provision that approximates the scope of the original as much as possible. - Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
- Any uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
Article 4 – The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
- The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses
uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur. - All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
- Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with acceptance of the offer. This concerns in particular:
- the price including taxes;
- any shipping costs;
- the manner in which the agreement will be concluded and what actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular basic rate for the means of communication used;
- whether the agreement is archived after its conclusion, and if so, where it can be consulted by the consumer;
- the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a long-term transaction.
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For promotions where free products, miniatures, gifts or sample packs are provided, these will be issued a maximum of once per customer and per delivery address per 50 days, unless expressly stated otherwise. Placing multiple (or staggered) orders with the aim of receiving multiple free gifts is not permitted. If multiple orders are placed within a period of 50 days with the same customer details, delivery address, billing address, IP address or payment method, Beauty Unlimited Amsterdam reserves the right to:
a) combine orders and/or
b) adjust the number of free gifts to a maximum of one per 50 days per customer/address and/or
c) cancel the order in whole or in part if there is suspicion of abuse.Beauty Unlimited Amsterdam reserves the right at all times to refuse an order in the event of established or suspected misuse of promotions or promotions.
Article 5 – The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
- 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 agreement of this acceptance is not by the entrepreneur
confirmed, the consumer can terminate the agreement. - If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer electronically
can pay, the entrepreneur will take appropriate security measures. - The entrepreneur can - within legal frameworks - 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, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution. - The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the entrepreneur's branch 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;
- the information about warranties and existing after-sales service;
- the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
- In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
- Every agreement is entered into under the conditions precedent of sufficient availability of the products in question.
Article 6 – Right of withdrawal
When delivering products:
- Withdrawal period
You have the right to cancel your order up to 14 days after receipt without giving any reason. After cancellation, you then have another 14 days to return the product. You can register your return via our contact form or use the optional model withdrawal form. - Exceptions to the right of withdrawalFor certain products, the right of withdrawal expires as soon as the packaging has been opened or the seal has been broken. This applies to:
-
Dietary supplements
-
Skin care products (skincare)
-
Skincare equipment that is not suitable for reuse for hygienic reasons
These products fall under the legal exception in Article 6:230p sub f of the Dutch Civil Code. The right of withdrawal is excluded for items that are not suitable for return for hygienic or health reasons once the seal has been broken.
Please note: opened supplements, skincare products and used skincare equipment cannot be returned.
3. Return information and costs
If you correctly return an unopened product, you will receive the full purchase amount, including standard shipping costs. If you chose a more expensive shipping option (such as express delivery) when purchasing, only the standard shipping method will be reimbursed.
The following costs are borne by the customer:
-
Return shipping costs to our webshop (average €8.25 via a parcel service);
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Processing costs of €4.95 per return shipment (these will be deducted from the amount to be refunded).
To qualify for a refund:
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The product must be returned complete, undamaged and in the original packaging, including all accessories;
-
The return must be sent on time and demonstrably, preferably with proof of dispatch.
The risk of return shipment lies with the buyer. We recommend sending the package insured and/or with track & trace to prevent loss or damage.
If the product has been damaged due to careless use by the consumer, we reserve the right to charge for depreciation.
As soon as we have received the returned product or you have provided proof of shipping, we will refund the amount within 14 days via the original payment method, minus €4.95 processing costs.
Article 7 – The 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.
- Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This bondage to fluctuations
and the fact that any prices stated are target prices will be stated in the offer. - Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- these are the result of legal regulations or provisions; or
- the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
- All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 8 – Conformity and warranty
- 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 conditions on the date of the conclusion of the agreement.
existing legal provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. - A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
- Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. Products must be returned in the original packaging and in new condition.
- The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for
any advice regarding the use or application of the products. - The warranty does not apply if:
- the consumer has repaired and/or edited the delivered products himself or has had them repaired and/or edited by third parties;
- the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
- the defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
Article 9 – Delivery and execution
- The entrepreneur will exercise 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 provided to the company.
- If you have provided an incorrect address when placing an order, Beauty Unlimited Amsterdam is not responsible for the incorrect delivery of the goods. In such a case, the costs for additional delivery, including additional shipping costs, will be borne by the customer.
- If a package is returned to Beauty Unlimited Amsterdam due to an incomplete or unknown address, only the shipping costs will be charged.
- If an incorrect address is entered when placing the order and this results in a return or loss of the package, the customer is responsible for the consequences and resulting costs.
- Taking into account what is stated in Article 4, the company will execute accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period.
- If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a term does not entitle the consumer to compensation.
- In the event of dissolution in accordance with paragraph 6 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
- If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise. If the item is lost, we can start an investigation 1 week after shipment. In the event of damage, we can immediately start an investigation and the products can be returned free of charge
Article 10 – Duration transactions: duration, cancellation 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, taking into account the agreed conditions.
cancellation rules and a notice period of no more than one month. - The consumer can terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed period, taking into account
of agreed cancellation rules and a notice period of no more than one month. - The consumer can terminate the agreements referred to in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a certain time or in a certain period;
- at least cancel in the same manner as they were entered into by him;
- always cancel with the same notice period as the entrepreneur has agreed for himself.
Extension
- An agreement that has been entered into for a specific period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.
- Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed period and that extends to the regular delivery of daily news and weeklies and magazines may be tacitly extended for a fixed period of up to
three months, if the consumer can cancel this extended agreement towards the end of the extension with a notice period of no more than one month. - An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period.
of a maximum of one month and a notice period of a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines. - A limited-term agreement for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial period.
or introductory period.
Duration
- If an agreement has a duration of more than one year, the consumer may 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 11 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6, paragraph 1. In the case of an agreement to provide
a service, this period starts after the consumer has received confirmation of the agreement. - The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
- In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.
Article 12 – Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months 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 foreseeably longer processing time, the entrepreneur will do so within the period of 14 days
replied with a confirmation of receipt and an indication when the consumer can expect a more detailed answer. - If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
- In case of complaints, a consumer must first contact the entrepreneur. If the online store is affiliated with the WebwinkelKeur Foundation and in case of complaints that cannot be resolved by mutual agreement, the consumer must contact
WebwinkelKeur Foundation (www.webwinkelkeur.nl), he will mediate for free. Check whether this online store has a current membership via https: / /www.webwinkelkeur.nl/ledenlijst/. If a solution is not yet found, the consumer has the option to have his complaint handled by the independent representative appointed by Stichting WebwinkelKeur.
dispute committee, its decision is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that are paid by the consumer
should be submitted to the relevant committee. It is also possible to register complaints via the European ODR platform (http: / /ec.europa.eu/odr). - A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his option, replace or repair the delivered products free of charge.
Article 13 – Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.
- The Vienna Sales Convention does not apply.
Article 14 – 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 data carrier.