Terms of service
GENERAL TERMS AND CONDITIONS ARTICLE 1 - IDENTITY OF THE SELLER Food for Skin BV Chamber of Commerce number: 77121570 VAT identification number: NL860907934B01 Helmgrasstraat 5, 1087 SJ, Amsterdam, NL email@example.com
DEFINITIONS Reflection time: the period within which the consumer can make use of his right of withdrawal; Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur; Day: a calendar day; Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period; Entrepreneur: the natural or legal person who offers products remotely to a consumer; Distance contract: an agreement whereby, in the context of a system for distance sales of products organized by the entrepreneur, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used; Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being in the same room at the same time.
APPLICABILITY These general terms and conditions apply to any offer from the entrepreneur and to any distance contract concluded between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and will be sent free of charge as soon as possible at the request of the consumer. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer. In the event that specific product terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
THE OFFER If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur. 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; • the possible costs of delivery; • the way in which the agreement will be concluded and which actions are required for this; • whether or not the right of withdrawal applies; • the method of payment, delivery and implementation of the agreement; • the term for accepting the offer, or the term within which the entrepreneur guarantees the price; • the level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used; • whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by the consumer; • the way in which the consumer, before concluding the agreement, can check the information provided by him under the agreement and, if desired, restore it; • any other languages in which, in addition to Dutch, the agreement can be concluded; • the behavioral codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioral codes electronically.
THE AGREEMENT The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement. 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. The entrepreneur can inform himself (within legal frameworks) 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, 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. At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium: a. of the establishment of the entrepreneur where the consumer can go with complaints; b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information about guarantees and existing service after purchase; d. the price, including all taxes on the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite; f. if the consumer has a right of withdrawal, the model withdrawal form. In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
RIGHT OF WITHDRAWAL When purchasing products, the consumer has the option to dissolve the contract without giving any reason within seven days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack the product to the extent necessary to assess whether he wishes to keep the product. He will not use the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
COSTS IN THE EVENT OF WITHDRAWAL If the consumer makes use of his right of withdrawal, the costs of return will not exceed the cost of the return. If the consumer has paid an amount, Food for Skin BV will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
THE PRICE During the period of validity stated in the offer, the prices of the products being offered will not be increased, except for price changes due to changes in VAT rates. Contrary to the previous paragraph, the entrepreneur can offer products whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are 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 regulations or provisions. 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 on the day on which the price increase takes effect. The prices stated in the offer of products include VAT.
CONFORMITY AND WARRANTY The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal requirements 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. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
PAYMENT Orders via the webshop can currently be paid in the following ways: Credit Card, Paypal, Ideal. If a credit card payment method is chosen, the terms and conditions of the relevant card issuer apply. To ensure a secure payment and the security of your personal data, the transaction data is encrypted with SSL technology sent over the internet. You do not need any special software to pay with SSL. You can recognize a secure SSL connection by the 'lock' in the bottom status bar of your browser. Unless otherwise specified in the agreement or additional 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 the conclusion of the agreement. In the case of an agreement to provide 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 obliged to pay more than 50% in advance in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights whatsoever with regard to the execution of the order or service (s) before the stipulated advance payment has been made. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay. If the consumer does not fulfill his payment obligation (s) on time, 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 fulfill his payment obligations, after the non-payment within this 14-day period, the statutory interest is due on the amount owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.
DELIVERY AND EXECUTION All goods are delivered to the address specified by the consumer when ordering. Orders are handled and delivered as quickly as possible. Food for Skin BV strives to deliver the order within 5 days. If a product that is temporarily out of stock is ordered, it will be indicated when the product is available again. Food for Skin strives to inform the consumer of delays within 3 working days by e-mail or by telephone. If delivery cannot be made on time, Food for Skin BV will inform the consumer about the anticipated delivery period. If Food for Skin BV does not do this, the consumer can cancel the order free of charge. In that case, Food for Skin BV will refund within 30 days after dissolution. The shipments are always at the risk of Food for Skin BV, however, if goods are returned, the consumer is responsible for the transport. As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the consumer. The consumer or any other person must be present at the address provided at the time of delivery of the product to receive it. After receipt of the order, the consumer must immediately inspect the delivered goods and immediately report any defects in writing to Food for Skin BV on the aforementioned contact details. Food for Skin BV is not liable for failed deliveries if the consumer provides an incorrect or outdated address or if no one is present at the address specified by the consumer. The total liability of Food for Skin BV in the event of non-compliance with its obligations will under no circumstances exceed the purchase price of the product / products in question.
COMPLAINTS PROCEDURE Food for Skin BV does everything possible to satisfy its customers. If there are nevertheless complaints about its services and / or products, the consumer can contact Food for Skin BV via the aforementioned contact details. The complaint will be examined as soon as possible, within 7 working days, and efforts will be made to resolve the complaint to everyone's satisfaction.
DISPUTES Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
ADDITIONAL OR DIFFERENT 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 in a durable data carrier.