Terms of service

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 trader;

Day: a calendar day;

Durable medium: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;

Trader: the natural or legal person who offers products to a consumer at a distance;

Distance contract: a contract where, within the framework of a system for the distance sale of products organised by the trader, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;

Technique for distance communication: a means that can be used to conclude a contract without the consumer and the trader being in the same room at the same time.

ARTICLE 3 – APPLICABILITY

These general 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 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 inspected at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request. If the distance contract is concluded electronically, then, 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 it on a durable medium. 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, electronically or otherwise, at the consumer's request. In the event that specific product conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the case of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to them. 

ARTICLE 4 – THE OFFER

If an offer has a limited period of validity or is made subject to conditions, this will be expressly 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 trader uses images, these are a truthful representation of the products offered. Obvious mistakes or obvious errors in the offer do not bind the trader. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular: • the price including taxes; • any delivery costs; • the manner in which the contract will be concluded and which actions are required for this; • whether or not the right of withdrawal applies; • the method of payment, delivery and performance of the contract; • the period for accepting the offer, or the period within which the trader guarantees the price; • the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used; • whether the contract will be archived after its conclusion and, if so, how the consumer can consult it; • the manner in which the consumer, before concluding the contract, can check the data they have provided in connection with the contract and, if desired, correct it; • any other languages in which, in addition to Dutch, the contract can be concluded; • the codes of conduct to which the trader has subjected itself and the manner in which the consumer can consult these codes of conduct electronically. 

ARTICLE 5 – THE CONTRACT

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set for it. If the consumer has accepted the offer electronically, the trader will confirm receipt of the acceptance of the offer electronically without delay. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for this purpose. The trader may (within the statutory framework) inform itself whether the consumer is able to meet their payment obligations, as well as of all those facts and factors that are relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds for not entering into the contract, it is entitled to refuse an order or request, stating its reasons, or to attach special conditions to its performance. No later than upon delivery of the product, service or digital content to the consumer, the trader will send 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 visiting address of the trader'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 that the right of withdrawal is excluded; c. the information about guarantees and existing after-sales service; d. the price including all taxes of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract; e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration; f. if the consumer has a right of withdrawal, the model withdrawal form. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

ARTICLE 6 – RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the option of dissolving the contract without giving any reason for a period of seven days. This cooling-off period commences on the day after receipt of the product by the consumer or by a representative designated in advance by the consumer and made known to the trader. During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack the product to the extent necessary to assess whether they wish to keep the product. The consumer will not use the product. If the consumer exercises their right of withdrawal, they will return the product with all delivered accessories and in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.

ARTICLE 7 – COSTS IN THE EVENT OF WITHDRAWAL

If the consumer exercises their right of withdrawal, at most the costs of return shipment will be borne by the consumer. If the consumer has paid an amount, Food for Skin B.V. will refund this amount as soon as possible, but no later than 30 days after the return shipment or withdrawal, via the platform through which payment was made. 

ARTICLE 8 – THE PRICE

During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes resulting from changes in VAT rates. Notwithstanding the previous paragraph, the trader may offer products whose prices are subject to fluctuations in the financial market over which the trader has no influence at variable prices. This dependence on fluctuations and the fact that any prices stated are indicative prices will be stated with the offer. Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and: a. they result from statutory regulations or provisions; or b. the consumer is entitled to terminate the contract with effect from the day on which the price increase takes effect. The prices stated in the offer of products include VAT.

ARTICLE 9 – CONFORMITY AND GUARANTEE

The trader guarantees that the products comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use. A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the contract.

ARTICLE 10 – PAYMENT

For orders via the webshop, payment can currently be made in the following ways: Credit Card, Paypal, Ideal, Klarna. If a credit card payment method is chosen, the conditions of the card issuer concerned apply. To ensure a secure payment and the security of your personal data, the transaction data are sent over the internet encrypted with SSL technology. You do not need any special software to pay with SSL. You can recognise a secure SSL connection by the ‘lock’ in the bottom status bar of your browser. Unless otherwise provided in the contract 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 contract. In the case of a contract for the provision of a service, this period commences on the day after the consumer has received confirmation of the contract. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If advance payment has been stipulated, the consumer cannot assert any rights regarding the performance of the order or service(s) concerned before the stipulated advance payment has been made. The consumer has the duty to report inaccuracies in payment details provided or stated to the trader without delay. If the consumer does not meet their payment obligation(s) on time, then, after the trader has pointed out the late payment to the consumer and has granted the consumer a period of 14 days to still meet their payment obligations, and payment has not been made within this 14-day period, the consumer will owe statutory interest on the amount still due and the trader will be entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2.500,=; 10% on the following € 2.500,= and 5% on the next € 5.000,= with a minimum of € 40,=. The trader may deviate from the stated amounts and percentages in the consumer's favour.

ARTICLE 11 – DELIVERY AND PERFORMANCE

All goods are delivered to the address provided by the consumer when placing the order. Orders are processed and delivered as quickly as possible. Food for Skin B.V. aims 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 will be available again. In the event of delays, Food for Skin aims to inform the consumer of this by e-mail or telephone within 3 working days. If delivery cannot be made on time, Food for Skin B.V. will inform the consumer of the expected delivery period. If Food for Skin B.V. does not do so, the consumer may cancel the order free of charge. In that case, Food for Skin B.V. will refund the payment no later than 30 days after dissolution via the platform through which payment was made. Shipments are always at the risk of Food for Skin B.V.; however, if goods are returned/sent back, the consumer is responsible (risk of non-delivery and for payment) 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 passes to the consumer. The consumer or another person must be present at the specified address at the time of delivery of the product in order to receive it. After receipt of the order, the consumer must inspect the delivered goods immediately and report any defects found immediately in writing to Food for Skin B.V. using the contact details stated above. Food for Skin B.V. is not liable for failed deliveries if the consumer provides an incorrect or outdated address or if no one is present at the address provided by the consumer. The total liability of Food for Skin B.V. in the event of failure to fulfil its obligations will in no case exceed the purchase price of the product(s) concerned. 

ARTICLE 12 – COMPLAINTS PROCEDURE

Food for Skin B.V. 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 B.V. using the contact details stated above. The complaint will be looked into as soon as possible, within 7 working days, and an attempt will be made to resolve the complaint to everyone's satisfaction.

ARTICLE 13 – DISPUTES

Contracts between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law.

ARTICLE 14 – ADDITIONAL OR DIFFERENT PROVISIONS

Additional provisions or provisions deviating 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 the consumer can store them in an accessible manner on a durable medium.