General terms and conditions
General terms and conditions DermaCare.nl
Article 1 – Definitions
In these terms and conditions the following terms shall have the following meanings:
1. Entrepreneur : the natural or legal person who offers products and/or services remotely to consumers;
2. Consumer : the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Distance contract : an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
4. Distance communication technology : means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same place at the same time;
5. Reflection period : the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal : the possibility for the consumer to cancel the distance contract within the cooling-off period;
7. Day : calendar day;
8. Duration transaction : a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
9. Durable medium : any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
Article 2 – Identity of the entrepreneur
DermaCare.nl
Dermacare Cosmetics
Industry Street 14A
2984 AH Ridderkerk
Tel. 010-7138501
Dermacare.nl is part of Puur Company BV
Chamber of Commerce number 26320207
Bank ING 7409740
IBAN NL60INGB0007409740
VAT number NL852311278B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. 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, it 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 to the consumer as soon as possible at the consumer's request.
3. 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 may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur 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.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
·the price including taxes;
·any delivery 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 or performance of the agreement;
·the period for accepting the offer or the period for honoring the price;
·the level of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the basic rate;
·if the agreement is archived after it has been concluded, how it can be consulted by the consumer;
·the manner in which the consumer can become aware of actions he does not want before concluding the agreement, as well as the manner in which he can rectify these before the agreement is concluded;
·any languages in which, in addition to Dutch, the agreement may be concluded;
·the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
·the minimum duration of the distance contract in the event of a contract for the continuous or periodic delivery of products or services.
Article 5 - The Agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may – within legal frameworks – inquire 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 the entrepreneur, based on this investigation, has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about existing after-sales service and guarantees;
d. the information included 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. If the entrepreneur has committed himself to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6a - Right of withdrawal upon delivery of products
1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within seven working days. This period commences on the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 6b - Right of withdrawal upon delivery of services
1. When providing services, the consumer has the option to dissolve the agreement without giving reasons within seven working days, starting on the day the agreement is concluded.
2. In order to exercise his right of withdrawal, the consumer will 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 revocation
1. If the consumer exercises his right of withdrawal, he will be responsible for at most the costs of return.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
Article 8 - Exclusion of the right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a) which have been created by the entrepreneur in accordance with the consumer's specifications;
b) which are clearly personal in nature;
c) which by their nature cannot be returned;
d) which can spoil or become obsolete quickly;
e) the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f) for individual newspapers and magazines;
g) for audio and video recordings and computer software where the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a) relating to accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
b) the supply of which has commenced with the express consent of the consumer before the cooling-off period has expired;
c) concerning betting and lotteries.
Article 9 - The price
1. 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 due to changes in VAT rates.
2. By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This subjection to fluctuations and the fact that any prices stated are target prices 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 statutory 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 statutory regulations or provisions; or
b) the consumer has the authority to terminate the agreement on the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
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 in force on the date the agreement was concluded.
2. A guarantee arrangement offered by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert against the entrepreneur on the basis of the law and/or the distance contract with regard to a shortcoming in the fulfilment of the entrepreneur's obligations.
Article 11 - Delivery and execution
1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Taking into account what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this at the latest one month after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation. For deliveries outside the EU, we cannot guarantee that delivery will take place within 30 days.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of return shipment are for the account of the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise. Deliveries outside the EU are the responsibility of the consumer.
Article 12 - Duration transactions
1. The consumer may terminate an agreement entered into for an indefinite period at any time, taking into account the agreed termination rules and a notice period of no more than one month.
2. An agreement entered into for a fixed period has a maximum term of two years. If it has been agreed that the distance contract will be extended in the event of silence by the consumer, the agreement will be continued as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.
Article 13 - Payment
1. Unless otherwise agreed, amounts owed by the consumer must be paid within fourteen days after delivery of the goods or, in the case of an agreement to provide a service, within 14 days after issue of the documents relating to this agreement.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, 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 period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
Article 15 Intellectual property.
The Buyer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions with regard to the products and/or with regard to the website are vested in DermaCare.nl, its suppliers or other rights holders.
Article 16 Personal data.
DermaCare.nl will process the Buyer's data exclusively in accordance with its privacy policy. DermaCare.nl will observe the applicable privacy regulations and legislation.
Article 17 Applicable law and competent court.
All offers from DermaCare.nl, its agreements and the execution thereof are exclusively subject to Dutch law. Applicability of the Vienna Sales Convention is expressly excluded.
Article 18 Links
The DermaCare.nl site may contain third party advertisements or links to other sites. DermaCare.nl has no influence on the privacy policy of these third parties or their sites and is not responsible for them.
Article 19Your rights
You can always ask DermaCare.nl which data about you is processed. To do this, you can send an e-mail. You can also ask DermaCare.nl by e-mail to make improvements, additions or other corrections, which DermaCare.nl will process as soon as possible. If you no longer wish to receive information, you can inform DermaCare.nl of this. Information will only be sent if you have provided your e-mail address for this purpose.
Article 20 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.