Terms and conditions
Table of Contents:
Article 1 - Definitions
Article 2 - Trader Identity
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Consumer Obligations During the Cooling-Off Period
Article 8 - Exercise of the Right of Withdrawal by the Consumer and Associated Costs
Article 9 - Trader Obligations Upon Withdrawal
Article 10 - Exclusion of the Right of Withdrawal
Article 11 - The Price
Article 12 - Performance and Additional Guarantee
Article 13 - Delivery and Performance
Article 14 - Continuous Transactions: Duration, Termination and Extension
Article 15 - Payment
Article 16 - Complaints Procedure
Article 17 - Disputes
Article 18 - Additional or Deviating Provisions
Article 1 - Definitions
For the purposes of these terms and conditions, the following definitions apply:
- Supplementary agreement: an agreement by which the consumer acquires products, digital content and/or services in connection with a distance contract and these products, digital content and/or services are supplied by the trader or by a third party pursuant to an arrangement between that third party and the trader;
- Cooling-off period: the period during which the consumer may exercise his right of withdrawal;
- Consumer: a natural person who is not acting for purposes connected with his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data produced and supplied in digital form;
- Continuous contract: a contract for the regular supply of goods, services and/or digital content over a specified period;
- Durable medium: any medium - including email - that allows the consumer or trader to store information addressed to him personally in such a way that it can be accessed or used in the future for a period appropriate to the purpose for which the information is intended, and that allows the reproduction of the stored information in an unaltered form;
- Right of withdrawal: the consumer's right to withdraw from a distance contract during the cooling-off period;
- Trader: a natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
- Distance contract: a contract concluded between the trader and the consumer in the context of an organised system for the sale at a distance of products, digital content and/or services, where, up to and including the conclusion of the contract, one or more distance communication techniques are used wholly or partly;
- Model withdrawal form: the European model withdrawal form set out in Annex I to these terms and conditions. Annex I does not need to be made available if the consumer has no right of withdrawal in respect of his order;
- Distance communication technique: a means that may be used to conclude a contract without the consumer and trader having to meet in person at the same place.
Article 2 - Trader Identity
Topline Haircosmetics B.V
Coosjebuskenstraat 145
4381 LD
Vlissingen
info@hairwebshop.com
Chamber of Commerce number: 58027831
VAT identification number: NL 852840469B01
If the trader's activity is subject to a relevant licensing regime: the
details of the supervisory authority.
If the trader is engaged in a regulated profession:
- the professional association or organisation of which he is a member;
- the professional title and the place in the EU or European Economic Area where it is granted;
- a reference to the professional rules applicable in the Netherlands and information as to where and how these professional rules may be accessed.
Article 3 - Applicability
- These terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
- Before the distance contract is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall indicate before the distance contract is concluded how the terms and conditions may be inspected at the trader's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
- If the distance contract is concluded electronically, the text of these terms and conditions may be made available to the consumer electronically before the distance contract is concluded, in derogation from the previous paragraph, in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the trader shall indicate before the distance contract is concluded where the terms and conditions may be accessed electronically and that they will be sent to the consumer free of charge electronically or by other means upon request.
- If, in addition to these terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.
Article 4 - The Offer
- If an offer has a limited validity period or is subject to conditions, this shall be clearly stated in the offer.
- The offer shall contain a complete and accurate description of the products, digital content and/or services offered. The description shall be sufficiently detailed to enable the consumer to make an informed assessment of the offer. If the trader uses images, they shall be a faithful representation of the products, services and/or digital content offered. Obvious misunderstandings or obvious errors in the offer shall not bind the trader.
- Every offer shall contain such information that the consumer clearly understands the rights and obligations associated with accepting the offer.
Article 5 - The Agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions attached thereto.
- If the consumer accepts the offer electronically, the trader shall immediately confirm receipt of the acceptance electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may withdraw from the agreement.
- If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall provide a secure online environment. If the consumer pays electronically, the trader shall take appropriate security measures.
- The trader may, within the limits of the law, ascertain whether the consumer is able to fulfil his payment obligations, as well as all the facts and circumstances relevant to entering into the distance contract responsibly. If, on the basis of this assessment, the trader has good grounds not to enter into the agreement, he is entitled to refuse an order or request or attach special conditions to its performance, provided that he gives reasons for doing so.
- The trader shall, no later than the delivery of the product, service or digital content to the consumer, accompany it with 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 address of the trader's premises where the consumer may lodge complaints;
b. the conditions under which and the manner in which the consumer may exercise his right of withdrawal, or a clear statement that the right of withdrawal is excluded;
c. information about warranties and after-sales service available;
d. the price of the product, service or digital content, including all taxes; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is for an indefinite period;
f. if the consumer has a right of withdrawal, the model withdrawal form.
- In the case of a continuous transaction, the provision in the previous paragraph shall only apply to the first delivery.
Article 6 - Right of Withdrawal
For products:
- The consumer may withdraw from an agreement relating to the purchase of a product without giving any reason during a cooling-off period of at least 30 days. The trader may ask the consumer for the reason for withdrawal, but may not require him to give his reason(s).
- The cooling-off period referred to in paragraph 1 shall begin on the day after the consumer, or a third party designated by the consumer who is not the carrier, receives the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, receives the last product. The trader may refuse an order for several products with different delivery times, provided that he has clearly informed the consumer of this before the ordering process.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, receives the last shipment or part;
c. for agreements for the regular supply of products over a specified period: the day on which the consumer, or a third party designated by him, receives the first product.
For services and digital content not supplied on a material medium:
- The consumer may withdraw from a service agreement and an agreement for the supply of digital content not supplied on a material medium without giving any reason during a cooling-off period of at least 30 days. The trader may ask the consumer for the reason for withdrawal, but may not require him to give his reason(s).
- The cooling-off period referred to in paragraph 3 shall begin on the day after the agreement is concluded.
Extended cooling-off period for products, services and digital content not supplied on a material medium if the consumer is not informed of the right of withdrawal:
- If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period shall expire twelve months after the end of the original cooling-off period as determined in accordance with the previous paragraphs of this article.
- If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period shall expire 30 days after the day on which the consumer received that information.
Article 7 - Consumer Obligations During the Cooling-Off Period
- During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall unpack or use the product only to the extent necessary to establish its nature, characteristics and functioning. The principle is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
- The consumer is only liable for any reduction in the value of the product that is the result of handling the product in a manner that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for any reduction in the value of the product if the trader has not provided him with all the legally required information about the right of withdrawal before or at the time of concluding the agreement.
Article 8 - Exercise of the Right of Withdrawal by the Consumer and Associated Costs
- If the consumer exercises his right of withdrawal, he shall notify the trader of this during the cooling-off period using the model withdrawal form or in another unambiguous manner.
- As soon as possible, but within 30 days from the day after the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the trader. This is not required if the trader has offered the consumer the option of collecting the product himself. In any event, the consumer shall have complied with the return period if he returns the product before the cooling-off period has expired.
- The consumer shall return the product with all supplied accessories, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal rest with the consumer.
- The consumer shall bear the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader states that he will bear the costs himself, the consumer does not have to bear the costs of return.
- If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity that has not been made ready for sale in a limited volume or specified quantity commence during the cooling-off period, the consumer owes the trader an amount proportionate to the part of the obligation that the trader has performed at the time of withdrawal, compared with full performance of the obligation.
- The consumer shall bear no costs for the performance of services or the supply of water, gas or electricity that has not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the trader has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal, or the model withdrawal form, or;
b. the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
- The consumer shall bear no costs for the full or partial supply of digital content not supplied on a material medium, if:
a. he has not expressly agreed before its supply to the commencement of performance of the agreement before the end of the cooling-off period;
b. he has not acknowledged that he loses his right of withdrawal by giving his consent; or
c. the trader has failed to confirm this statement of the consumer.
- If the consumer exercises his right of withdrawal, all supplementary agreements shall be dissolved by operation of law.
Article 9 - Trader Obligations Upon Withdrawal
- If the trader makes it possible for the consumer to notify him of withdrawal electronically, he shall immediately send a confirmation of receipt upon receipt of this notification.
- The trader shall refund all payments made by the consumer, including any delivery costs charged by the trader for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers the consumer the option of collecting the product himself, he may delay refunding until he has received the product or until the consumer demonstrates that he has returned the product, whichever occurs earlier.
- The trader shall use the same method of payment for the refund that the consumer used, unless the consumer agrees to another method. The refund shall be free of charge for the consumer.
- If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.
Article 10 - Exclusion of the Right of Withdrawal
The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, at least before the conclusion of the agreement:
- Products or services whose price is subject to fluctuations on the financial market over which the trader has no control and which may occur during the withdrawal period;
- Agreements concluded during a public auction. A public auction is understood to be a method of sale whereby products, digital content and/or services are offered by the trader 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 take delivery of the products, digital content and/or services;
- Service agreements, after full performance of the service, but only if:
a. the performance has commenced with the express prior consent of the consumer; and
b. the consumer has stated that he loses his right of withdrawal as soon as the trader has fully performed the agreement;
- Package tours as defined in Article 7:500 of the Dutch Civil Code and passenger transport agreements
- Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and is not for residential purposes, transport of goods, car rental services, or catering;
- Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;
- Products manufactured according to the consumer's specifications, which are not prefabricated and are manufactured based on the consumer's individual choice or decision, or are clearly intended for a specific person;
- Products that are perishable or have a limited shelf life;
- Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
- Products which, after delivery, by their nature have been irrevocably mixed with other products;
- Alcoholic beverages for which the price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no control;
- Sealed audio recordings, video recordings, and computer programs, whose seal has been broken after delivery;
- Newspapers, periodicals, or magazines, with the exception of subscriptions thereto;
- The supply of digital content other than on a tangible medium, but only if:
a. the performance has begun with the consumer's express prior consent; and
b. the consumer has declared that they thereby lose their right of withdrawal.
Used items will not be accepted back for hygiene reasons. The products must not show any wear and tear and must be returned including the original (opened) packaging, with the exception of cutting knives and clipper combs with regard to seals, and batteries and rechargeable batteries, if reasonably possible.
Article 11 - The price
- During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
- Notwithstanding the previous paragraph, the trader may offer products or services whose prices are linked to fluctuations in the financial market over which the trader has no control at variable prices. This link to fluctuations and the fact that any stated prices are indicative prices shall 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 statutory rules or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has agreed to this and:
a. they are the result of statutory rules or provisions; or
b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
Article 12 - Performance of agreement and extra guarantee
- The trader is responsible for ensuring that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of fitness for purpose and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the trader is also responsible for ensuring that the product is suitable for other than normal use.
- An extra guarantee provided by the trader, their supplier, manufacturer, or importer shall never limit the statutory rights and remedies that the consumer may assert against the trader on the basis of the agreement if the trader has failed to perform its part of the agreement.
- An extra guarantee means any commitment by the trader, their supplier, importer, or manufacturer whereby they grant the consumer certain rights or remedies that go beyond what they are legally obliged to provide in the event that they have failed to perform their part of the agreement.
Article 13 - Delivery and performance
- The trader shall exercise the utmost care when receiving and performing orders for products and when assessing requests for the provision of services.
- The place of delivery shall be the address that the consumer has made known to the trader.
- Subject to what is stated about this in Article 4 of these general terms and conditions, the trader shall perform accepted orders with due speed, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be performed or can only be partially performed, the consumer shall receive notice thereof no later than 30 days after placing the order. In that case, the consumer has the right to rescind the agreement without cost and the right to any damages.
- After rescission in accordance with the previous paragraph, the trader shall immediately refund the amount paid by the consumer.
- The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative previously designated and made known to the trader, unless expressly agreed otherwise.
Article 14 - Continuous transactions: duration, termination, and extension
Termination:
- The consumer may at any time terminate an agreement concluded for an indefinite period that provides for the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of no more than one month.
- The consumer may at any time terminate an agreement concluded for a fixed period that provides for the regular delivery of products (including electricity) or services at the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
- The consumer may:
- terminate the agreements mentioned in the previous paragraphs at any time, and termination shall not be limited to a specific time or period;
- terminate them at least in the same manner as they were concluded;
- always terminate them with the same notice period as the trader has agreed for itself.
Extension:
- An agreement concluded for a fixed period that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
- Notwithstanding the previous paragraph, an agreement concluded for a fixed period that provides for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a maximum period of three months, provided that 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 concluded for a fixed period that provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may at any time terminate it with a notice period of no more than one month. The notice period shall be no more than three months if the agreement provides for the regular delivery, but less than once a month, of daily, news, and weekly newspapers and magazines.
- An agreement of limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) shall not be tacitly continued and shall automatically end after the trial or introductory period.
Duration:
- If an agreement has a duration of more than one year, the consumer may at any time after one year terminate the agreement with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.
Article 15 - Payment
- Unless otherwise provided in the agreement or supplementary conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after concluding 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 confirmation of the agreement.
- When selling products to consumers, the consumer may never be required by general terms and conditions to pay more than 50% in advance. When advance payment is agreed, the consumer may not assert any right regarding the performance of the order or service(s) in question before the agreed advance payment has been made.
- The consumer has the obligation to immediately report any inaccuracies in the payment details provided or stated to the trader.
- If the consumer does not meet their payment obligation(s) on time, after being notified by the trader of the late payment and having been granted a period of 14 days by the trader to still meet their payment obligations, and after failing to pay within this 14-day period, they shall owe statutory interest on the outstanding amount, and the trader is entitled to charge the extrajudicial collection costs incurred by them. These collection costs shall be a maximum of: 15% of outstanding amounts up to €2,500; 10% of the next €2,500; and 5% of the next €5,000, with a minimum of €40. The trader may deviate from the stated amounts and percentages in favor of the consumer.
Article 16 - Complaints procedure
- The trader has a sufficiently publicized complaints procedure and shall handle the complaint in accordance with this procedure.
- Complaints about the performance of the agreement must be submitted to the trader in full and clearly described within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the trader shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall answer within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
- The consumer must give the trader at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.
Article 17 - Disputes
- Dutch law shall apply exclusively to agreements between the trader and the consumer to which these general terms and conditions apply.
Article 18 - 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 manner that they can be stored by the consumer in an accessible way on a durable data carrier.