1. In these terms we mean by:
Entrepreneur: the legal person offering products from a distance to consumers;
Consumer: the natural person not acting on behalf of a company or profession, coming to an agreement with the entrepreneur at distance;
Agreement at distance: an agreement only using one or more techniques to communicate from a distance in order to buy products or services organized by the entrepreneur up and including closing the agreement;
Techniques to communicate from a distance: any tool to be used to come to an agreement, without consumer and entrepreneur physically having met in the same room;
Recall time: the period the consumer can claim the right to recall;
Right to recall: the consumer's possibility to forgo the agreement at distance within the recall time;
Day: calendar day;
Durable medium: every tool enabling the consumer or entrepreneur to save personal information in such a way that future contemplation and unchanged reproduction of the saved information is possible.
2. Entrepreneur identity
Unity Cosmetics B.V.,
located at Haakakker 16, 5466 NA Veghel
Telephone number: 06-24443891
Chamber of Commerce number: 17281130
VAT number: NL822173499B01
a. These terms of service apply to every entrepreneur's offer and to every agreement at distance between entrepreneur and consumer.
b. Before the agreement at distance is closed, the text of these terms of service is made available to the consumer.
c. If the agreement at distance is closed electronically, by way of derogation from the previous paragraph and before the agreement is closed, the text of these terms of service can be made available to the consumer electronically in such a way that the consumer can save the text on a durable medium. If this is not possible, it will be made clear (before closing the agreement at distance) to the consumer where the terms of service can be found and that the terms of service can be sent to the consumer electronically or otherwise without any costs.
d. If besides these terms of service also specific product- or service conditions are applicable, the second and third paragraph apply and the consumer has the right to the most favorite statement.
4. The offer
a. If an offer is limited in time or if specific conditions apply, this will be mentioned in the offer explicitly.
b. The offer contains a full and detailed description of the products and/or services. The description has enough details to give the consumer a clear picture about the offer. If the entrepreneur uses pictures, these pictures will be representative with keeping in mind the small deviations computer screens can give regarding color. Apparent mistakes or errors in the offer don't bind the entrepreneur.
c. Every offer gives information in such a way that the rights and obligations, related to the acceptance of the offer, are clear to the consumer. In particular this goes for:
— the price including taxes;
— costs of delivery;
— the way to come to an agreement and the steps necessary for this;
— the applicability of the right to recall;
— the method for payment and delivery or execution of the agreement;
— the period to accept the offer, or the period the price lasts;
— the costs for communication at distance if the costs for the communication technique are based on a ground other than the basic rate;
— how the consumer is able to consult the agreement if the agreement is archived after being closed;
— how the consumer is able to get informed about unwanted actions before closing the agreement, as well as how to repair these before the agreement is being closed;
— the languages - besides Dutch - that can be used to close the agreement;
— the codes of conduct the entrepreneur agreed upon and the way the consumer can consult these codes electronically; and
— the minimum period of agreement on distance that lasts continuously or until a delivery of products or services periodically.
5. The agreement
a. The agreement starts, subject to the provisions of article 4, as soon as the consumer accepts the offer, meeting the requirements attached.
b. If the consumer accepts the offer electronically, the entrepreneur will confirm electronically the receivement of the offer acceptance. As long as this receivement is not yet confirmed, the consumer can dissolve the agreement.
c. If the agreement is closed electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronical data transfer. The entrepreneur will offer a safe web environment. If the consumer is able to pay electronically, the entrepreneur will keep the appropriate security measures in mind.
d. The entrepreneur is allowed to - within legal boundaries - check all the facts and factors relevant to making an agreement and also if the consumer is able to meet the financial requirements of the agreement. If the entrepreneur, based on this check, has serious reasons not to close the agreement, the entrepreneur is allowed to refuse an order or question, or to set specific conditions to this order or question.
e. With each offer or product, the entrepreneur will show the consumer in written (or in such a way that the consumer can save the information on a durable medium) the following information :
— the address the consumer can turn to in case of complaints;
— the terms related to the right to recall and the way the consumer can claim this right, or the explicit remark that a right to recall is not applicable;
— information about service and guarantees after buying a product/service;
— the price including all taxes of the product, service or digital content;
— if applicable, the costs of delivery and payment, delivery or execution of the agreement at distance;
— if the right to recall applies, the model form to recall.
6. Right to recall
a. The consumer has the right to dissolve the agreement on buying a product within a period of 14 days without any specific reason. The entrepreneur is allowed to inquire about the reason, but can’t force the consumer to answer.
b. The period to recall as mentioned in paragraph 6a, starts after the day the consumer (or a third person appointed by the consumer, not being the courier) received the product, or:
— in case the consumer ordered more than 1 product in the same order: the day the consumer, or an appointed third person, received the last product. The entrepreneur is allowed not to accept orders with different delivery periods if the consumer is informed about this upfront the order.
— if the delivery of a product consists of several shipments or parts: the day the consumer, or a third person appointed by the consumer, received the last shipment or the last part.
7. Consumer obligations during the period of recall
a. During the period of recall the consumer will treat the product and packaging carefully. The product will only be looked at to determine the type of product. The consumer can only handle and inspect the product in a way that would also be allowed in a shop.
b. The consumer is only responsible for value devaluation of the product related to handling the product in another way then described in article 7a.
c. The consumer is not responsible for value devaluation of the product if the entrepreneur hasn't informed the consumer about all legal obliged information regarding the right to recall before the agreement was closed.
8. Using the right to recall and the costs of it
a. If the consumer uses the right to recall, the consumer will inform the entrepreneur about this within the period to recall, using the recall form or another clear way.
b. As soon as possible, but no later than within 14 days following the notification as described in article 8a, the consumer will send the product back or will give it to (an appointed person of) the entrepreneur. If the entrepreneur has offered to pick up the product, this does not apply. The consumer has respected the period to recall if the product is returned before the period of recall has passed.
c. The consumer returns the product with all belongings, if reasonable in original packaging and state, and in line with the instructions of the entrepreneur.
d. The risk and proof for using the right to recall in time and in a right way, is for the consumer.
e. The consumer is responsible for the shipping costs for the return. If the entrepreneur didn't mention this and/or pays for the costs, the consumer doesn't have to pay for it.
f. The consumer doesn't have to pay the costs for the (partial) delivery of a digital content not on a durable medium, if:
— the consumer before delivery didn't agree explicitly with the fact that the closing of the agreement starts before the period of the right to recall;
— he didn't acknowledge to lose the right to recall after granting the permission for that; or
— the entrepreneur forgot to confirm this declaration of the consumer.
g. If the consumer uses the right to recall, all additional agreements are dissolved from a legal point of view.
9. Entrepreneur obligations during the period of recall
a. If the entrepreneur facilitates the consumer's right to recall electronically, the entrepreneur will send a proof of receipt a.s.a.p.
b. The entrepreneur will pay back all payments of the consumer, including possible shipping costs, within 14 days after the consumer informed the entrepreneur about the recall. The entrepreneur is allowed to wait with the pay back until the product is received or until the consumer shows proof that the product has been sent back.
c. For the pay back the entrepreneur will use the same payment method the consumer used, unless the consumer agrees with another payment method. The pay back is without costs for the consumer.
d. If the consumer opted for a more expensive shipping method then the cheapest one available, the entrepreneur does not have to reimburse the extra costs for the more expensive option.
10. Exclusion from the right to recall
The following products and services can be excluded from the right to recall by the entrepreneur, but only if this is explicitly stated in the offer, or at least before the agreement was closed:
a. Products or services with a price related to changes in the financial market not to be influenced by the entrepreneur and that can occur within the period to recall;
b. Agreements closed during an auction. An auction is a selling method where products, digital content and/or services are offered by the entrepreneur to a consumer being present personally or being able to be present at the auction, guided by an auction master, and where the successful bidder is obliged to take the products, digital content and/or services;
c. Service agreements, after full execution of the service, but only if:
— the execution started with full consent of the consumer; and
— the consumer declared to lose the right to recall as soon as the entrepreneur has executed the agreement fully.
d. Service agreements related to making accommodations available, if in the agreement a specific date or period of execution is mentioned and not for living purposes, transport of products, car rental services and catering;
e. Agreements related to leisure, if in the agreement a specific date or period of execution is mentioned;
f. Products made under specific instructions and specs of the consumer, not prefabricated, produced on an individual choice or decision of the consumer, or clearly made for a specific person;
g. Products that spoil fast or have a limited shelf life;
h. Sealed products that for health or hygienic reasons are not suited to send back and/or where the seal has been broken after delivery.
a. During the mentioned period of the offer, product and/or service prices will not be raised, unless related to tax changes.
b. By way of derogation from the former article, the entrepreneur is allowed to offer products and service with prices depending on deviations within the financial market and not to be influenced by the entrepreneur, under variable prices. This derogation is mentioned explicitly in the offer.
c. Price increases within 3 months after closing an agreement are only allowed as an effect of legal determinations.
d. Price increases after 3 months after closing an agreement are only allowed if the entrepreneur has ordered to do so and:
— the increases are a consequence of legal determinations; or
— the consumer is allowed to end the agreement on the day the price increase is applied.
e. All products and serviced mentioned in the offer, are tax included.
a. The entrepreneur ensures the products meet the agreement, the specifications in the offer, reasonable demands regarding usability and reliability and the legal requirements applicable on the date of agreement.
b. An offer regarding guarantee, made by the entrepreneur, manufacturer or importer, does not have any effect on the rights the consumer has regarding any shortcomings in living up to the obligations the entrepreneur has towards the consumer based on the agreement at distance.
13. Delivery and execution
a. The entrepreneur will be careful when receiving and executing orders for products and the judgment of requests for service deliveries.
b. The delivery address is the address the consumer informed the entrepreneur about.
c. With respect to article 4 of these terms of service, the entrepreneur will execute accepted orders within 24 hours but ultimately within 30 days unless a longer period is agreed upon. If the delivery has some kind of delay, or if the order cannot be executed all in once, the consumer will be informed within 1 day but ultimately within 30 days after making the order. In that case, the consumer has the right to recall without any costs and might have the right to be compensated.
d. In case of dissolution related to the former article, the entrepreneur will pay back the amount the consumer paid for as soon as possible, but no later than within 30 days after dissolution.
e. If delivery of an ordered product turns out to be impossible, the entrepreneur will try to deliver a replaceable product. No later than at the time of delivery, the consumer will be informed that a replaceable product is delivered. The right to recall still counts. The costs for returning the product - in case of a replaceable product - are for the entrepreneur.
f. The risk of damage or missing products is with the entrepreneur until the product is delivered with the consumer or an upfront appointed person, unless stated otherwise.
a. As far as not agreed otherwise, the consumer has to make the payments obliged within 14 days after delivery or - in case of a service - within 14 days after receiving the documents.
b. In case of product sale to consumers, the terms of service cannot ask for a payment upfront of more than 50%. If payment upfront is requested, the consumer cannot claim any right regarding executing the order/service, before payment has been made.
c. The consumer is obliged to inform the entrepreneur about any incorrect payment details given or mentioned to the entrepreneur.
d. In case of non-payment by the consumer, the entrepreneur has the right - within legal boundaries - to charge the consumer for costs applicable, stated upfront.
15. Right to complaint
a. Complaints about the execution of an agreement have to be notified clearly, fully and within a certain time to the entrepreneur, after the consumer found out about these lacks.
b. Notified complaints will be answered by the entrepreneur within 14 days after the date of receipt. If the complaint takes more time, the entrepreneur will give a note of receipt and an indication about the date the consumer can expect a more detailed reaction.
c. If article a and b don't result in a solution, one can turn to Stichting WebwinkelKeur for mediation. Besides that, it's possible to notify a complaint at the ODR platform of the European Union (http://ec.europa.eu/odr) as long as the complaint hasn't been notified elsewhere.
16. Intellectual ownership
The consumer acknowledges explicitly that all rights of intellectual ownership of shown information, announcements or other ways of communication regarding the products and/or internet site are with the entrepreneur.
17. Personal data
18. Applicable right
On all entrepreneur's offers, agreements and execution only Dutch law applies. The Vienna Sales Convention is explicitly excluded.
20. Consumer rights
The consumer can ask the entrepreneur which consumer data are processed. The consumer can do so by mail. The consumer can also ask the entrepreneur to improve, add or change consumer’s information otherwise, and the entrepreneur will do so a.s.a.p. If the consumer doesn't want to receive information, the consumer can inform the entrepreneur about this. Sending information can only be done if the consumer gave an email-address for this.
21. Additional or deviant terms
Additional terms or terms deviating from these terms cannot have a negative impact on the consumer and have to be confirmed in written in such a way that the consumer can save it on a durable medium.
22. Storage of terms of service
These terms of service are deposited at www.voorwaarden.net. The last version deposited/published applies.
Veghel, 13 december 2017
©Unity Cosmetics B.V.
Attachment: Form to Recall
FORM TO RECALL
(only use this form when you want to recall an agreement)
To: Unity Cosmetics B.V., Haakakker 16, 5466 NA Veghel (or: firstname.lastname@example.org)
Right to Recall
You have the right to recall the agreement without any reason within 14 days. This right ends after 14 days after you received the product. To use the right to recall, you have to inform us explicitely in written (by post or mail) about this. You can use this form to do so, but you can also send an email to email@example.com. If you use this right, we will send you an email as proof of receipt. To live up to the recall period, you need to inform us that you want to use this right before the period to recall has ended.
Recalling is only possible if the product has not been used and is returned in the original, undamaged and unopened product packaging (the product cannot be used, seals have to be intact, no traces of use; it should be possible to sell the product again). You can send the undamaged and complete product in the original packaging, with enough stamps, to:
Unity Cosmetics B.V. - Aftersales - Haakakker 16 - 5466 NA Veghel - Netherlands
As soon as we've received the product in good shape, you'll receive the payments made for the products, including the shipping costs (if applicable) for the cheapest possible shipping option for the original product. The shipping costs for returning the product, are not reimbursed. If you paid the order with a voucher, the order will be paid back with a digital voucher as well.