Terms and conditions online store
Article 1 – Definitions
These conditions mean:
1. Additional agreement: an agreement whereby consumers acquire products in connection with a remote agreement and these matters are delivered by Beauty Stories or by a third party on the basis of an agreement between that third party and Beauty Stories.
2. Terms and conditions: the present terms and conditions used by Beauty Stories. When ordered, the consumer agrees to the terms and conditions.
3. Cooling-off period:the time limit within which the consumer can use his right of withdrawal (see also: right of withdrawal).
4. Consumer: the natural person who does not act for purposes related to his commercial, business, crafts or professional activity.
5. Day: calendar day.
6. Digital content: data produced and delivered in digital form.
7. Sustainable data carrier: any tool – including included email – that allows consumers or Beauty Stories to store information that is personally directed at him in a way that is future consultation or use over a period tailored to the goal for which the information is intended and which allows for unchanged reproduction of the stored information.
8. Repeal right:the possibility of the consumer to waive the contract remotely within the cooling-off period (see also: cooling-off period).
- Entrepreneur: the natural or legal person offering products and/or services remotely to consumers.
10. Agreement remotely: an agreement concluded between Beauty Stories and the consumer in the context of an organised system for distance sales of products, and/or services, using one or more remote communication techniques up to and including concluding the agreement.
12. Technology for remote communication: means that can be used to conclude an agreement, without the need for consumers and Beauty Stories to have come together simultaneously in the same space.
Article 2 – Identity of Beauty Stories
* Entrepreneur’s Name: Beauty Stories
* Address: Capricorn Street 45, 7557 LR in Hengelo (O)
* Email address: firstname.lastname@example.org
* KvK number : 63976536
Article 3 – Applicability of the terms and conditions
- These terms and conditions apply to every offer of Beauty Stories and to any established agreement remotely between Beauty Stories and the consumer.
2. As soon as the agreement is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, Beauty Stories will indicate how the terms and conditions at Beauty Stories can be recognised at the request of the consumer and that, at the request of the consumer, they will be free of charge as soon as possible sent.
3. Where the contract is concluded electronically remotely, by way of derogation from the previous paragraph and before the agreement is concluded remotely, the text of these terms and conditions may be made available to the consumer by electronic means in such a way that it can be stored by the consumer in a simple way on a sustainable data carrier. If this is not reasonably possible, before the agreement is concluded remotely, it will indicate where the terms and conditions can be adopted by electronic means and that, at the request of the consumer, they will be informed by electronic means or otherwise be sent free of charge.
4. In the event that, in addition to these terms and conditions, specific product or service conditions also apply, the second and third members shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always apply invoke the applicable provision which is most favourable to him.
Article 4 –
The offer 1. Where an offer has a limited period of validity or is carried out under conditions, this shall be explicitly stated in the offer.
2. The offer shall contain a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. When Beauty Stories uses images, they are a truthful representation of the products, services and/or digital content offered. Apparently mistakes or apparent errors in the offer do not bind Beauty Stories.
3. Each offer shall contain such information that it is clear to the consumer what the rights and obligations are, which are linked to the acceptance of the offer.
Article 5 –
The Agreement 1. The Agreement shall, subject to paragraph 4 of this Article, be established at the time of acceptance by the consumer of the offer and the fulfilment of the conditions laid down therein.
2. Member Statesshall communicate to the If the consumer has accepted the offer by electronic means, Beauty Stories will immediately confirm by electronic means the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by Beauty Stories, the consumer may terminate the agreement.
3. If the agreement is established electronically, Beauty Stories shall take appropriate technical and organizational measures to ensure the electronic transfer of data and ensure a secure web environment. If consumers can pay electronically, Beauty Stories will comply with appropriate security measures to do so.
4. Beauty Stories may inform itself within legal frameworks whether the consumer can meet its payment obligations, as well as all those facts and factors relevant to a responsible entry into the contract remotely. If Beauty Stories has good grounds for not entering into the agreement under this investigation, he is entitled to refuse an order or application or to attach special conditions to the implementation.
5. Beauty Stories shall, by the time necessary, provide the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a sustainable data carrier, time frames:
- the address of the Beauty Stories branch where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer may exercise right of withdrawal or a clear notification of the right of withdrawal;
c. the information on warranties and existing after-purchase service;
(d) the price including all taxes of the product and/or service. To the extent applicable the cost of delivery, and the method of payment, delivery or execution of the contract remotely;
- In the event of an expensive transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
1. The consumer may terminate an agreement relating to the purchase of a product during a period of 14 days without giving reasons. Beauty Stories may ask consumers about the reason for revocation, but do not require it to give its reason(s).
2. The cooling-off period referred to in paragraph 1 shall enter the day after the consumer, or a third party designated in advance by the consumer, which 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, received the last product. Beauty Stories, provided that he has clearly informed the consumer about this prior to the ordering process, may refuse an order of several products with a different delivery time.
(b) if the supply of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, received the last consignment or component designated by him;
Article 7 – Consumer obligations
during the cooling-off period 1. During the cooling-off period, the consumer will be careful with the product and packaging. It will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point is that the consumer can only handle and inspect the product as he should do in a shop.
2. The consumer shall be liable only for impairment of the product resulting from a way of dealing with the product that goes beyond permitted in paragraph 1.
Article 8 – Exercise of consumer revocation law
and its costs 1. If the consumer uses his right of withdrawal, he shall notify Beauty Stories in an unambiguous manner within the 14-day deadline of the european
2. As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorized representative of) Beauty Stories. This doesn’t have to be done if Beauty Stories has offered to pick up the product itself.
In any case, the consumer has complied with the return period if he sends the product back before the cooling-off period has expired.
3. The consumer shall return the product with all the accessories delivered, in original condition and packaging, and in accordance with the reasonable and clear instructions provided by Beauty Stories.
4. The risk and burden of proof for the proper and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer shall bear the direct cost of returning the product.
6. If the consumer recalls after first expressly requesting that the operation of the service not prepared for sale commences in a limited volume or certain quantity during the cooling-off period, the consumer Beauty Stories is an amount proportional to that portion of the commitment that was fulfilled by Beauty Stories at the time of withdrawal, compared to the full fulfilment of the commitment.
7. If the consumer makes use of his right of withdrawal, all additional agreements shall be terminated by law.
9 – Obligations ofBeauty Stories upon withdrawal
1. If Beauty Stories makes the notification of revocation by the consumer electronically possible, he shall immediately send a receipt upon receipt of this notification.
2. Beauty Stories shall reimburse consumers with the same means of payment that the consumer has made the original transaction, unless the consumer has expressly otherwise consented.
3. Beauty Stories may wait with refund until the goods have been returned, or the consumer has shown that the goods have been returned.
Article 10 – Exclusion of
the right of withdrawal
Beauty Stories can exclude the following products and services from the right to withdraw, but only if Beauty Stories has this clearly on its website, or mentions the offer, or mentions when concluding the agreement:
- products or services that have been ordered and returned because, for example, the smell does not meet expectations, are not taken back by Beauty Stories. Beauty Stories also offers small trials for sale, which can prevent such withdrawals,
- products or services whose price is tied to fluctuations in the financial market where Beauty Stories has no influence and which may occur within the withdrawal period,
- products produced according to consumer specifications, which are not prefabricated and manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person,
- sealed products which are not suitable for health protection or hygiene reasons to be returned and whose sealing has been broken after delivery,
- products that are irrevocably mixed with other products after delivery by their very nature.
Article 11 – The price
1. During the period of validity indicated in the offer, the prices of the products offered and/or services shall not be increased, subject to price changes resulting from changes in VAT rates.
2. By way of derogation from the previous member, Beauty Stories may offer products or services whose prices are tied to fluctuations in the financial market and which Beauty Stories does not affect, with variable prices. This commitment to fluctuations and the fact that any prices are indicative prices shall be indicated in the offer.
3. Price increases within three (3) months of the conclusion of the Agreement shall be permitted only if they are the result of legal arrangements or provisions.
4. Price increases from three (3) months after the agreement was signed are only permitted if Beauty Stories has negotiated this and:
– they are the result of legislation or provisions, or,
– the consumer has the power to terminate the agreement from the day on which the price increase goes into effect.
5. The prices listed in the range of products or services shall include VAT.
Article 12 – Compliance agreement and guarantee
1. Beauty Stories shall ensure that the products and/or services comply with the agreement, the specifications set out in the offer, the reasonable requirements of soundness and/or usability and on the date of the conclusion of the Agreement existing legal provisions and/or government regulations.
2. A guarantee provided by Beauty Stories, its supplier, manufacturer or importer shall never restrict the legal rights and claims that the consumer can assert against Beauty Stories under the agreement if Beauty Stories is failed in the fulfilment of his part of the agreement.
Article 13 –
Delivery and execution 1. Beauty Stories will observe the utmost care when receiving and in the implementation of orders of products and in assessing applications for services.
2. As a place of delivery, the address that the consumer has made known to Beauty Stories applies.
3. Taking into account what is mentioned in Article 4 (the offer) of these terms and conditions, Beauty Stories will carry out accepted orders with competent urgency but not later than a week, unless another delivery period is required Agreed. If the delivery is delayed, or if an order cannot be carried out or only partially executed, the consumer will receive it no later than a week after he has placed the order. In that case, the consumer has the right to dissolve the contract without charge and to be entitled to any compensation.
4. After dissolution in accordance with the previous member, Beauty Stories will immediately repay the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with Beauty Stories until the time of delivery to the consumer or a pre-designated and disclosed representative to Beauty Stories, unless expressly otherwise agreed.
Article 14 – Termination
1. The consumer may terminate an agreement which has been entered into indefinitely which extends to the regular delivery of products or services at all times in accordance with agreed termination rules and a notice period not exceeding one month.
2. The consumer may terminate an agreement which has been entered into for a certain period of time which extends to the (regular) delivery of products or services at any time by the end of the specified period of notice, taking into account the termination rules agreed to do so. and a notice period of not more than one month.
3. The consumer may use the agreements referred to in the previous paragraphs:
– cancel at any time and are not limited to denunciation at a given time or in a given period,
– at least to cancel in the same way that they have entered into by him.
– always cancel with the same notice period as Beauty Stories has negotiated for itself.
– Payment 1. To the extent that no other is provided for in the agreement or additional conditions, the amounts due by the consumer shall be paid immediately after/upon the conclusion of the Agreement. In the event of an agreement to grant a service, this period shall begin on the day after the consumer has received confirmation of the agreement.
2. Where prepayment has been negotiated, the consumer cannot assert any entitlement to the implementation of the order or service(s) before the prepayment has been negotiated.
3. Consumers have a duty to report inaccuracies in payment data provided or listed to Beauty Stories without delay.
4. If the consumer does not meet their obligations in time,’ it is, after being pointed out by Beauty Stories, the late payment and Beauty Stories has given the consumer a period of 14 days to meet his payment obligations after the absence of payment within this 14-day period, in default and on the amount still due due, due the statutory interest.
5. In the absence of the consumer, Beauty Stories is entitled to immediately claim to recover the amount due, claiming full compensation for both the legal costs incurred by it and the out-of-court proceedings collection costs. The out-of-court collection costs are calculated in accordance with the staffel of the ‘Decision fee for buicounterlaw collection costs’. The collection fee is at least € 40.00.
Article 16 –
Liability 1. Beauty Stories shall never be liable for any particular, indirect or consequential damage from the consumer or third parties, including physical damage, environmental damage, loss of use of any product, except intent or conscious recklessness. Beauty Stories is not liable for damage, of any kind, caused by the fact that Beauty Stories has been based on consumer-provided incorrect and/or incomplete information on relevant physical conditions, drug use, work or leisure activities. Beauty Stories does not guarantee allergic reactions caused by the use of the products.
2. Consumers will safeguard Beauty Stories and compensate Beauty Stories for all claims, claims and claims relating to any direct or indirect damage, including costs and damage caused by Beauty Stories tax obligations, personal injury, death or loss, destruction or damage to property and body, in any way directly or indirectly related to the delivery(s) carried out by Beauty Stories in the broadest sense of the word, for which Beauty Stories is held liable by third parties.
3. All legal costs, both judicial and extrajudicial, and other costs of litigation, proceedings or negotiations, as a result of the claims referred to in this Article will be entirely borne by the consumer.
Article 17 –
Complaints Scheme 1. Beauty Stories has a sufficiently publicized complaints procedure and shall deal with the complaint in accordance with this complaint procedure. The consumer must make the complaint known in writing, by post, by email(email@example.com)or via our online complaint form.
2. Complaints about the implementation of the agreement must be submitted to Beauty Stories in full and clearly defined withBeauty Stories within a competent time after the consumer has identified the defects.
3. Complaints submitted to Beauty Stories shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Beauty Stories replies with a message of receipt within the 14-day period and an indication when consumers can expect a more execution response.
4. The consumer shall, after contact by mail, by email(firstname.lastname@example.org)or through our online complaint form,to give Beauty Stories at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute is created which is open to the dispute settlement.
Article 18 – Disputes
and competent court 1. Agreements between Beauty Stories and the consumer covered by these terms and conditions apply only Dutch law.
2. All disputes arising in connection with the agreement will be tried by the court in the Netherlands responsible according to the law.
Article 19 – Additional or different provisions
1. Additional provisions or derogations from these general conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be made accessible by the consumer in an accessible manner stored on a durable data carrier.
Article 20 – Final provisions
1. Where any provision from these terms and conditions will prove to be entirely or partly not legally valid, it shall affect the validity of the remainder of this provision and those terms and conditions in no way, on the understanding that the invalid provision will be replaced by a provision which will approach as much as possible what was envisaged by the original provision.