General Conditions - Neutral
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Application
Article 4 - Offer
Article 5 - Agreement
Article 6 - Right of withdrawal
Article 7 - Consumer's obligations during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - Price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and performance
Article 14 - Duration transactions: duration, cancellation and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or different provisions
Article 1 - Definitions
1. Additional contract: a contract under which the consumer purchases products, digital content and / or services in connection with a distance contract, digital content and / or services, that are provided by an entrepreneur and a third party under a contract between both parties involved;
2. Reflection period: the period during which the consumer may exercise his right to withdraw;
3. Consumer: a natural person who does not act for purposes related to his commercial activities, business, craft or professional;
4. Day: calendar day;
5. Digital content: data generated content provided in digital form;
6. Contract for the duration of the contract: a contract that covers the regular supply of goods, services and / or digital content for a limited period of time;
7. Durable data carrier: any tool - including e-mail - enabling the consumer or
entrepreneur to store information addressed to him personally, enabling future consultation or use during a period of time adapted to the purpose of information and which enables unchanged reproduction of stored information;
8. Right to withdraw from the contract: the consumer may cancel the contract within a period of time after the contract has been entered;
9. Entrepreneur: a natural or legal person who offers access to products, digital content and / or services to consumers;
10. Distance contract: a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer
11. Model withdrawal form: the European model withdrawal form contained in Annex. Annex needs not be provided if the consumer has no right to withdrawal from your order;
12. Distance communication technology: refers to all equipment and programs that are used to process and communicate information, can be used to conclude a contract without the Entrepreneur having physical contact with the consumer
Article 2 - Identity of the entrepreneur
E-MAIL CONTACT FOR CUSTOMERS: magiclashesbymartyna@gmail.com
The customer service department is open on business days from 10:00-17:30.
Chamber of Commerce number:
Chamber of Commerce number:
VAT identification number:
If the entrepreneur carries out a regulated profession:
● the professional association or organization to which it is affiliated;
● the professional title, the place in the EU or the European Economic Area where it is awarded;
● a reference to the professional rules applicable in the Netherlands and instructions where and how these professional rules can be accessed.
Article 3 - Application
1. These Terms and Conditions apply to every offer of the entrepreneur and any distance agreement or order between the entrepreneur and the consumer.
2. Before the distance agreement is concluded, the text of these Terms and Conditions will be made available to the consumer in such a way that it can be easily stored on a durable data carrier by the consumer. If this is not reasonably possible, then before the distance contract is concluded, the entrepreneur will indicated that the can be reviewed and at the request of the consumer will be sent free of charge
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these Terms and Conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the Terms and Conditions by electronics means can be found and that the, at the consumer’s request, by electronic means or otherwise will be sent free of charge.
4. In addition to these Terms and Conditions specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer can, in the event of conflicting terms and conditions, always rely on the applicable provision that is most favourable to him.
5. When one or more provisions of these conditions are void or destroyed in whole or in part, the agreement and the remainder of these Terms and Conditions and the relevant provision will be replaced by a provision that covers the original as much as possible.
6. Situations that are not governed in these Terms and Conditions, should be assessed ‘in spirit’ of these terms and conditions.
7. Lack and clarity about the interpretation or content of one or more provisions of our Terms and Conditions, must be explained these Terms and Conditions.
Article 4 - Offer
1. If an offer is subject to a limited duration or subject to conditions, this will be explicitly mentioned.
2. The offer in the web shop is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products/services offered. The description is sufficiently detailed to a proper assessment of the offer by the consumer as possible. If the entrepreneur uses illustrations, these are a true reflection of the products/services offered.
4. All pictures, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Every offer will contain such information that it is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
● the price including taxes;
● the height of any shipping costs;
● the way in which the contract shall be concluded and which actions this will require;
● whether or not the right of withdrawal applies;
● the arrangements for payment, delivery and performance of the contract or order;
● the deadline for accepting the offer, or the period within which the entrepreneur guarantees the offered price;
● the rate for distance communication, if the cost of using the means of distance communication are calculated on a basis other than the basic fee for the means of communication used;
● whether the agreement is filed subsequent to its conclusion, and if so how the consumer can consult it;
● the way in which the consumer can rectify the information provided under the agreement, before the conclusion of the agreement;.
● Other languages, an agreement can be entered;
● Code of Conduct which entrepreneur has to conform and instructions where the consumer can find the Code of Conduct digital;
● The minimum duration of the distance agreement of a duration transaction.
Article 5 - Agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the
moment the consumer accepts the offer and meets the corresponding conditions.
2. 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 entrepreneur has not confirmed receipt of this acceptance, the consumer can
terminate 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
he will ensure a safe web environment. If the consumer can pay electronically, the
entrepreneur will take appropriate security measures.
4. The entrepreneur can - within the law - inform himself if the consumer can meet
his payment obligations, as well as of all those facts and factors that are important for
a sound conclusion of the distance agreement. If on the basis of this investigation the
entrepreneur has good reasons not to enter into the agreement, he is entitled to
refuse an order or request or to attach special conditions to the implementation.
5. The entrepreneur will send the following information to the consumer at the latest
on delivery of the product, service or digital content, in writing or in such a way that it
can be stored by the consumer in an accessible manner on a durable medium:
6. the visiting address of the establishment of the entrepreneur where the consumer
can go with complaints;
7. the conditions under which and the way in which the consumer can exercise the
right of withdrawal, or a clear statement regarding the exclusion of the right of
withdrawal;
8. the information about guarantees and existing service after purchase;
9. the price including all taxes of the product, service or digital content; where
applicable, the costs of delivery; and the method of payment, delivery or
implementation of the distance agreement;
10. the requirements for canceling the agreement if the agreement has a duration of
more than one year or is of indefinite duration;
11. if the consumer has a right of withdrawal, the model forms for withdrawal.
12. In the case of an extended transaction, the provision in the previous paragraph
applies only to the first delivery.
Article 6 - Right of withdrawal
For products:
1. The consumer can terminate an agreement with regard to the purchase of a
product during a cooling-off period of at least 14 days without giving reasons. The
entrepreneur may ask the consumer about the reason for withdrawal, but not oblige
him to state his reason (s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the
consumer, or a third party designated by the consumer in advance, who is not the
carrier, has received the product, or:
3. if the consumer has ordered several products in the same order: the day on which
the consumer, or a third party designated by him, has received the last product. The
entrepreneur may, provided that he has clearly informed the consumer prior to the
ordering process, refuse an order for several products with a different delivery time.
4. 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, has received the last shipment or
part;
5. for agreements for regular delivery of products during a certain period: the day on
which the consumer, or a third party designated by him, has received the first
Product.
For services and digital content that is not supplied on a tangible medium:
1. The consumer can terminate a service agreement and an agreement for the
delivery of digital content that has not been delivered on a tangible medium for at
at least 14 days without giving reasons. The entrepreneur may ask the consumer about
the reason for withdrawal, but not oblige him to state his reason (s).
2. The reflection period referred to in paragraph 3 starts on the day following the
conclusion of the agreement.
Extended cooling-off period for products, services and digital content that has not
been supplied on a tangible medium if the right of withdrawal is not informed:
3. If the entrepreneur has not provided the consumer with the legally required
information about the right of withdrawal or the model form for withdrawal, the
cooling-off period ends twelve months after the end of the original cooling-off period
determined in accordance with the previous paragraphs of this article.
4. If the entrepreneur has provided the consumer with the information referred to in
the previous paragraph within twelve months of the starting date of the original
cooling-off period, the cooling-off period expires 14 days after the day on which the
the consumer received that information.
Article 7 - Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer will handle the product and the
packaging with care. He will only unpack or use the product to the extent that is
necessary to determine the nature, characteristics and operation of the product. The
basic principle here is that the consumer may only handle and inspect the product as
he would be allowed to do it in a store.
2. The consumer is only liable for value reduction of the product that is the result of a
way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for value reduction of the product if the entrepreneur
has not provided him with all legally required information about the right of withdrawal
before or at the conclusion of the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer makes use of his right of withdrawal, he must report this to the
entrepreneur within the withdrawal period by means of the model form for withdrawal
or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification
referred to in paragraph 1, the consumer returns the product or hands it to (an agent
of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect
the product himself. The consumer has the return period is in any case taken into
account if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably
possible in its original condition and packaging, and in accordance with the
reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of
withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur
has not reported that the consumer must bear these costs or if the entrepreneur
indicates to bear the costs himself, the consumer does not have to bear the costs for
return.
6. If the consumer cancels after having first explicitly requested that the provision of
the service or the supply of gas, water or electricity that are not made ready for sale
start in a limited volume or quantity during the cooling-off period, the consumer is the
the entrepreneur owes an amount that is proportional to that part of the commitment
that the entrepreneur fulfilled at the time of cancellation, compared to the full
compliance with the commitment.
7. The consumer does not bear any costs for the performance of services or the
supply of water, gas or electricity, which are not made ready for sale in a limited
volume or quantity, or for the supply of district heating, if:
8. the entrepreneur has not provided the consumer with the legally required
information about the right of withdrawal, the reimbursement of costs or the model
form for withdrawal, or;
9. the consumer did not explicitly request the start of the performance of the service
or supply of gas, water, electricity or district heating during the cooling-off period.
10. The consumer does not bear any costs for the full or partial delivery of digital
content not supplied on a tangible medium if:
11. prior to delivery, he has not explicitly agreed to commence compliance with the
agreement before the end of the reflection period;
12. he has not acknowledged that he has lost his right of withdrawal when granting
his permission; or
13. the entrepreneur has failed to confirm this statement from the consumer.
14. If the consumer exercises his right of withdrawal, all additional agreements will be
dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in the event of withdrawal
1. If the trader makes it possible for the consumer to withdraw electronically, he will
immediately send a confirmation of receipt upon receipt of this notification.
2. The entrepreneur reimburses all payments made by the consumer, including any
delivery costs charged by the entrepreneur for the returned product, without delay but
within 14 days following the day on which the consumer notifies him of the
cancellation. Unless the entrepreneur offers to collect the product himself, he may
wait to pay back until he has received the product or until the consumer
demonstrates that he has sent back the product, whichever is the earlier.
3. The entrepreneur uses the same payment method that the consumer used for
reimbursement, unless the consumer agrees to a different method. The
reimbursement is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the
cheapest standard delivery, the entrepreneur does not have to pay back the
additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal from the right of withdrawalThe entrepreneur can exclude the following products and services from the right ofwithdrawal, but only if the entrepreneur clearly stated this in the offer, at least in timefor the conclusion of the agreement:
1. Products or services whose price depends on fluctuations in the financial market
over which the entrepreneur has no influence and which may occur within the
withdrawal period;
2. Agreements concluded during a public auction. A public auction means a sales
method in which products, digital content and / or services are offered by the
entrepreneur to the consumer who is present in person or who is given the
opportunity to be present in person at the auction, under the direction of an
auctioneer, and in which the successful bidder is obliged to purchase the products,
digital content and / or services;
3. Service contracts, after full performance of the service, but only if:
4. the performance has begun with the consumer's prior express consent; and
5. the consumer has stated that he loses his right of withdrawal once the
entrepreneur has fully executed the agreement;
6. Service contracts for the provision of accommodation, if a specific date or period of
execution is provided for in the contract and other than for residential purposes,
goods transport, car rental services and catering;
7. Agreements related to leisure activities, if a specific date or period of
implementation is provided for in the agreement
8. Products manufactured according to the consumer's specifications, which are not
prefabricated and which are manufactured on the basis of an individual choice or
decision of the consumer, or which are clearly intended for a specific person;
9. Products that spoil quickly or have a limited shelf life;
10. Sealed products that for reasons of health protection or hygiene are not suitable
for being returned and of which the seal has been broken after delivery;
11. Products that are irrevocably mixed with other products after delivery due to their
nature;
12. Alcoholic beverages, the price of which was agreed at the conclusion of the
agreement, but the delivery of which can only take place after 30 days, and the
actual value of which is dependent on market fluctuations over which the
entrepreneur has no influence;
13. Sealed audio, video recordings and computer software, the seal of which has
been broken after delivery;
14. Newspapers, magazines or magazines, with the exception of subscriptions to
them;
15. The delivery of digital content other than on a material medium, but only if:
16. the performance has begun with the express prior consent of the consumer; and
17. The consumer has stated that he thereby loses his right of withdrawal.
Article 11 - Price
1. During the validity period stated in the offer, the prices of the products and / or
services offered are not increased, except for price changes due to changes in VAT
rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or
services with variable prices that are subject to fluctuations in the financial market
and over which the entrepreneur has no influence. This link to fluctuations and the
fact that any stated prices are target prices are 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 cancel the agreement with effect from the day
on which the price increase takes effect.
5. The prices stated in the range of products or services include VAT.
Article 12 - Compliance with the contract and additional guarantee.
1. 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 legal provisions existing on the date of the
conclusion of the agreement provisions and / or government regulations. If agreed,
the entrepreneur also guarantees that the product is suitable for other than normal
use.
2. An additional guarantee provided by the trader, his supplier, manufacturer or
importer never limits the legal rights and claims that the consumer can assert against
the trader on the basis of the agreement if the trader has failed to fulfill his part of the
contract. agreement.
3. An additional guarantee is understood to mean any obligation of the entrepreneur,
his supplier, importer or producer in which he grants the consumer certain rights or
claims that go beyond what is legally required in the event that he has failed to fulfill
his part of the agreement.
Article 13 - Delivery and implementation
1. The trader will take the greatest possible care when receiving and implementing
orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the
entrepreneur.
3. Taking into account what is stated about this in Article 4 of these general terms
and conditions, the trader will execute accepted orders with due speed but at the
latest within 30 days, unless a different delivery period has been agreed. If the
delivery is delayed, or if an order cannot or only partially be executed, 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 contract without costs and is
entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will
immediately refund the amount that the consumer has paid.
5. 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 explicitly agreed otherwise.
Article 14 - Duration transactions: duration, cancellation and extensionCancellation:
1. The consumer can at all times cancel an agreement that has been entered into for
an indefinite period and that extends to the regular delivery of products (including
electricity) or services with due observance of the agreed termination rules and a
cancellation period of one month at most.
2. The consumer can at all times terminate an agreement that has been entered into
for a definite period and that extends to the regular delivery of products (including
electricity) or services with due observance of the agreed termination rules and a
cancellation period of one month at most.
3. The consumer can the agreements mentioned in the previous paragraphs:
- cancel at any time and are not limited to cancellation at a specific time or during a
specific period;
- cancel at least in the same way as they are entered into by him;
- always cancel with the same cancellation period as the entrepreneur has stipulated
for himself.
Extension:
4. An agreement that has been entered into for a definite period of time and that
extends to the regular delivery of products (including electricity) or services may not
be tacitly extended or renewed for a specific duration.
5. Contrary to the previous paragraph, a contract that has been entered into for a
definite period of time and that extends to the regular delivery of daily, weekly and
weekly newspapers and magazines may be tacitly renewed for a specific duration of
a maximum of three months, if the consumer extended this can terminate the
agreement by the end of the extension with a notice period of at most one month.
6. 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 one
month at most. The notice period is at most three months if the agreement extends to
the regular, but less than once a month, delivery of daily, news and weekly
newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily newspapers,
news and weekly newspapers and magazines (trial or introductory subscription) is
not tacitly continued and automatically ends after the trial or introductory period.
Expensive:
8. If an agreement has a duration of more than one year, the consumer may cancel
the agreement at any time after one year with a cancellation period of at most one
month, unless reasonableness and fairness are opposed to cancellation before the
end of the agreed duration. resist.
Article 15 - Payment
1. Unless otherwise specified in the agreement or additional conditions, the amounts
owed by the consumer must be paid within 14 days after the commencement of the
reflection period, or in the absence of a reflection period within 14 days after the
conclusion of the agreement. In the case of an agreement to provide a service, this
period commences on the day after the consumer has received the confirmation of
the agreement.
2. When selling products to consumers, the general terms and conditions may never
oblige the consumer to pay more than 50% in advance. When an advance payment
is stipulated, the consumer cannot assert any rights regarding the execution of the
relevant order or service (s), before the advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment data
provided or specified to the entrepreneur.
4. If the consumer does not meet his payment obligation (s) in time, this is, after he
has been informed by the entrepreneur of the late payment and the entrepreneur has
granted the consumer a period of 14 days to still meet his payment obligations, after
payment has not been made within this 14-day period, the statutory interest is due on
the amount still due and the entrepreneur is entitled to charge the extrajudicial
collection costs incurred by him. These collection costs amounts up to: 15% on outstanding amounts up to € 2,500; 10% over the following €2,500 and 5% over the following € 5,000 with a minimum of € 40. The entrepreneur can deviate from the stated amounts and percentages for the benefit of the Consumer.
Article 16 - Complaints procedure
1. The entrepreneur has a well-publicized complaints and deals with complaints
under this procedure.
2. Complaints about the implementation of the agreement must be fully and clearly
described and submitted to the entrepreneur within 7 days, after the consumer has
found 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 a period of 14 days with a message of
receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is
subject to the dispute settlement procedure.
Article 17 - Disputes
1. Dutch law applies exclusively to agreements between the entrepreneur and the
consumer to which these general terms and conditions apply
Article 18 - Additional provisions or other conditions.
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 in an accessible manner on a durable medium by the
consumer.
Standard form
Withdrawal from the contract (complete and return this form if you want to withdraw from the contract)
- To: [name of entrepreneur]
- [geographical address of the entrepreneur]
[entrepreneur's fax number if available]
[entrepreneur's e-mail address or electronic address]
- I / We * share / share * hereby / I * our agreement regarding
sale of the following products: [product description] *
delivery of the following digital content: [designation of digital content] *
delivery of the following service: [designation of service] *,
canceled / canceled *
- Ordered * / received on * [date of order with services or collection of products]
- [Name of consumer (s)]
- [Address of consumer (s)]
- [Consumer's signature (i)] (only if the form is sent on paper)
* Delete what is not applicable or complete what is applicable.