General Terms and Conditions Cosmeticalstore dated 05-01-2021 (1st May 2021).
Table of contents:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – The price
Article 7 – Compliance and extra warranty
Article 8 – Delivery and implementation
Article 9 – Payment
Article 10 – Complaints procedure
Article 11 – Legal law
Article 1 – Definitions
In these general terms and conditions the following terms have the following meanings:
1. Additional agreement: an agreement whereby the consumer acquires products in connection with a distance contract and these goods are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2 . Consumer: the natural person who does not act as an enterpreneur or employee in any form;
3 . Day: calendar day;
4 . Digital content: data that is produced and supplied in digital form;
5 . Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is tailored to the purpose what the information is for and which allows unaltered reproduction of the stored information;
6 . Entrepreneur: the legal person as mentioned in Article 2, who offers remote products to consumers;
7 . Distance contract: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, in which up to and including the conclusion of the agreement, one or more techniques are exclusively or partly used for remote communication;
8 . General Terms and Conditions : the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Cosmeticalstore (trade name of RosesOils )
Wenenstraat 6
2034 CR Haarlem
NL – Netherlands
Email: info@cosmeticalstore.com
Chamber of Commerce: 34126529
VAT number : NL001488422B72
Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the agreement is concluded, the text of these terms is are made avaliable.
3. If one or more provisions in these general terms and conditions are in whole or in part void or voided, the agreement and these terms and conditions will remain in effect and the provision in
question will be immediately replaced by a provision that is mutually agreed upon. as close as possible to the tenor of the original.
4. Situations not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
5. Uncertainties about the explanation or content of one or more provisions of our terms and conditions must be explained ‘in the spirit’ of these terms and conditions.
Article 4 – The offer
1. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
2. Each offer contains such information that it is clear to the consumer what rights and obligations are involved in accepting the offer.
3. After the offer has been accepted by the consumer, the offer is final. There is no right of withdrawal.
Article 5 – The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the corresponding conditions.
2. D e entrepreneur confirms immediately electronically receipt of the order of the consumer . As long as the receipt of this order has not been confirmed by the entrepreneur, the consumer can dissolve the order .
3. D e entrepreneur take appropriate technical and organizational measures to protect the electronic transfer of data and a secure web site . If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can, within legal frameworks, inform himself 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 with reasons, or to attach special conditions to the execution.
5. The entrepreneur will sent an invoice to the customer.
Article 6 – The price
1.The prices of the products offered can be changed for any reason.
2. The entrepreneur can offer products with variable prices.
3. The prices mentioned in the offer of products or services are excluded from VAT, local taxes and custom duties and are stated in US Dollar.
4. VAT, local and/or national taxes and customs duties are on the expense of the consumer.
Article 7 – Fulfillment of the agreement
1. The entrepreneur guarantees that the products meet 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 and / or government regulations. The entrepreneur does not guarantee that the product is suitable for other than normal use.
Article 8 – Delivery and implementation
1. The entrepreneur will exercise due care when receiving and implementing orders for products .
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than within 30 days . If 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 placing the order.
4 . The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, including the reception of companies.
5. The time of delivery is the confirmation of receipt in the tracking system of the courier company, where no signature for receipt is used as criteria.
Article 9 – Payment
1. The order amount owed by the consumer should be made by prepayment.
2. The consumer may assert any rights regarding the implementation of the order only if the payment has been done.
3. The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
Article 10 – Complaints procedure
1. The entrepreneur handles complaints regarding the execution of the agreement .
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 30 days from the date of receipt. If a complaint requieres a foreseeable longer processing time, the entrepeneur will reply within the period of 30 days with a notice of recept and an indication when the consumer can expect a more detailed answer.
4. A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
5. If a complaint is granted by the entrepreneur, the entrepreneur will, at its option, replace the delivered products free of charge or return the full purchase price and / or shipping costs .
Article 11 – Legal law
1. With exclusion only the law of the Kingdom of the Netherlands is applicable.
2. The Vienna Sales Convention does not apply.
