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Algemene voorwaarden

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 of Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Guarantee
Article 11 – Delivery and Execution
Article 12 – Duration Transactions: Duration, Termination, and Extension
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Different Terms

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Reflection period: the period during which the consumer can make use of their right of withdrawal; Consumer: the natural person who does not act for purposes relating to their trade, business, craft, or profession and enters into a distance contract with the entrepreneur; Day: calendar day; Long-term transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time; Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information. Right of withdrawal: the consumer's option not to proceed with the distance contract within the reflection period; Model withdrawal form: the model withdrawal form that the entrepreneur makes available, which a consumer can fill in when they wish to make use of their right of withdrawal. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance; Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement; Means of distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time. General Terms and Conditions: these general terms and conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur ZOES Cosmetics

Phone number: 06-54267773 Available Monday to Friday from 10:00 to 17:00

Email address: info@zoes-cosmetics.nl

Chamber of Commerce (KvK): 82818533

VAT: NL003734955B52

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request. If the distance contract is concluded electronically, 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 it can be stored by the consumer in a simple way 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 consulted electronically and that they will be sent free of charge to the consumer electronically or in another way upon request. In addition to these general terms and conditions, if specific product or service conditions also apply, paragraphs two and three apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to them. If one or more provisions in these general terms and conditions are null and void or are annulled at any time, the agreement and these terms and conditions will remain in effect and the relevant provision will be replaced by mutual agreement as soon as possible with a provision that comes as close as possible to the original. Situations not regulated in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions. Ambiguities 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 subject to conditions, this will be explicitly 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 offered products 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 and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot lead to compensation or dissolution of the agreement. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. 

Article 5 – The Agreement

  1. The agreement is concluded, subject to the provisions of clause 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set forth therein.

  2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm by electronic means the receipt of acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

  3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for this purpose.

  4. Within the legal framework, the entrepreneur may ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are relevant for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to its execution, giving reasons.

  5. The entrepreneur shall provide the following information to the consumer with the product or service in such a way that the consumer can store it in an accessible manner on a durable medium:

    a. the visiting address of the entrepreneur's establishment where the consumer can address 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. information about warranties and existing after-sales service; d. the data referred to in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

  6. In the case of a continuing performance contract, the provision in the previous paragraph shall apply only to the first delivery.

  7. Each agreement is concluded subject to the suspensive conditions of sufficient availability of the relevant products.

     

    Article 6 – Right of Withdrawal

    In the case of product delivery:

    Upon purchasing products, the consumer has the option to dissolve the agreement without stating reasons for a period of 14 days. This reflection period starts the day after the consumer receives the product or a representative designated by the consumer and made known to the entrepreneur in advance. During the reflection period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories supplied and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. The consumer must make this notification using the model withdrawal form. After the consumer has indicated their intention to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example, by means of proof of dispatch. If the customer has not notified their intention to exercise their right of withdrawal or has not returned the product to the entrepreneur within the periods mentioned in paragraphs 2 and 3, the purchase is considered final. In the case of service delivery:

    With the delivery of services, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, starting from the day the agreement was concluded. To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

    Article 7 – Costs in Case of Withdrawal

    If the consumer exercises their right of withdrawal, the maximum cost of returning the goods shall be borne by the consumer. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This refund is subject to the condition that the product has already been received back by the online retailer or that conclusive evidence of complete return can be provided. The refund will be made using the same payment method used by the consumer unless the consumer explicitly agrees to another payment method. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation of the product. The consumer cannot be held liable for any depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before the conclusion of the purchase agreement.

    Article 8 – Exclusion of Right of Withdrawal

    The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products:

    Custom-made products according to the consumer's specifications; Clearly personal in nature; Products that cannot be returned due to their nature; Products that can spoil or age quickly; Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence; For loose newspapers and magazines; For audio and video recordings and computer software if the consumer has broken the seal; For hygiene products if the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services:

    Concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period; Whose delivery has begun with the explicit consent of the consumer before the reflection period has expired; Concerning bets and lotteries.

     

    Article 9 – The Price

    1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

    2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. These fluctuations and the fact that any prices mentioned may be indicative shall be stated in the offer.

    3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

    4. 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 legal regulations or provisions; or b. the consumer has the authority to terminate the agreement on the day the price increase takes effect.

    5. The prices stated in the offer of products or services include VAT.

    6. 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 10 – Conformity and Warranty

      1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

      2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims against the entrepreneur under the agreement.

      3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. The products must be returned in their original packaging and in new condition.

      4. 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 every individual application by the consumer, nor for any advice regarding the use or application of the products.

      5. The warranty does not apply if:

        a. The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties; b. The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or packaging instructions; c. The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

      Article 11 – Delivery and Execution

      1. The entrepreneur shall exercise the utmost care when receiving orders for products and assessing requests for the provision of services.

      2. The place of delivery shall be the address that the consumer has provided to the company.

      3. Subject to the provisions of paragraph 4 of this article, the company shall execute accepted orders promptly 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 executed or can only be executed partially, the consumer shall be notified thereof no later than 30 days after placing the order. In such a case, the consumer shall have the right to dissolve the agreement free of charge. The consumer shall not be entitled to compensation.

      4. All delivery times are indicative. The consumer cannot derive any rights from any specified periods. Exceeding a period does not entitle the consumer to compensation.

      5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

      6. If delivery of an ordered product proves to be impossible, the entrepreneur shall make efforts to provide a replacement item. It shall be clearly and comprehensibly stated upon delivery that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.

      7. The risk of damage and/or loss of products shall be borne by the entrepreneur until the moment of delivery to the consumer or a designated representative known to the entrepreneur, unless expressly agreed otherwise.

         

        Article 12 – Duration Transactions: Duration, Termination, and Renewal

        Termination

        1. The consumer may terminate an agreement concluded for an indefinite period and which concerns the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of up to one month.

        2. The consumer may terminate an agreement concluded for a definite period and which concerns the regular delivery of products (including electricity) or services at any time at the end of the agreed duration, observing the agreed termination rules and a notice period of up to one month.

        3. The consumer may terminate the agreements mentioned in the previous paragraphs: a. At any time and not be restricted to termination at a specific time or during a specific period; b. Terminate at least in the same manner as they were entered into; c. Always terminate with the same notice period as the entrepreneur has stipulated for themselves.

        Renewal

        1. An agreement concluded for a definite period and which concerns the regular delivery of products (including electricity) or services may not be renewed or extended automatically for a definite duration.

        2. Notwithstanding the previous paragraph, an agreement concluded for a definite period and which concerns the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite duration of up to three months if the consumer can terminate this extended agreement at the end of the extension period with a notice period of up to one month.

        3. An agreement concluded for a definite period and which concerns the regular delivery of products or services may only be tacitly renewed for an indefinite duration if the consumer may terminate it at any time with a notice period of up to one month and a notice period of up to three months in case the agreement concerns the regular delivery of daily, news, and weekly newspapers and magazines, but less than once a month.

        4. An agreement with a duration of less than one year for the regular introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly extended and shall automatically expire upon the expiry of the trial or introductory period.

        Duration

        1. 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 up to one month, unless fairness and reasonableness prevent termination before the end of the agreed duration.

           

          Article 13 – Payment

          1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

          2. The consumer has the obligation to report any inaccuracies in provided or stated payment details to the entrepreneur without delay.

          3. In the event of the consumer's default in payment, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously communicated to the consumer.

             

            Article 14 – Complaints Procedure

            1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

            2. Complaints about the performance of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days after the consumer has discovered the defects.

            3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed answer.

            4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

            5. In case of complaints, the consumer must first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and if complaints cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check if this webshop has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution is still not reached, the consumer has the option to have the dispute settled by the independent dispute resolution committee appointed by Stichting WebwinkelKeur, whose decision is binding and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute resolution committee, which must be paid by the consumer to the respective committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

            6. A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.

            7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

               

              Article 15 – Disputes

              1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.

              2. The Vienna Sales Convention does not apply.

                 

                Article 16 – Additional or Deviating Provisions

                1. 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.

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