GENERAL TERMS & CONDITIONS
Bekijk hier de algemene voorwaarden in het Nederlands.
In these Terms and Conditions, the following terms shall have the following meanings:
- Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the Entrepreneur or a third party on the basis of an arrangement between this third party and the Entrepreneur;
- Reflection period: the period during which the Consumer may use his right of withdrawal;
- Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
- Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
- Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
- Entrepreneur: the natural of legal person who provides products, (access to) digital content and or services to Consumers at a distance;
- Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
- Standard form for withdrawal: the European standard form for withdrawal included in Appendix 1;
- Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.
THE ENTREPRENEUR’S IDENTITY
1015 XK Amsterdam
+31 613389597 (available every workday from 09.00 till 17.00 hours).
Chamber of Commerce number: 64981347
VAT number: NL855932600B01
3.1. These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
3.2. Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and Conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
3.3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
3.4. In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.
4.1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
4.2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur.
4.3. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
5.1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
5.2. If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
5.3. If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
5.4. The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
5.5. Before delivering the product, the Entrepreneur shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:
- the visiting address of the Entrepreneurs business establishment where the Consumer may get into contact with any complaints;
- the conditions on which and the manner in which the Consumer may exercise the right of
withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
- the information corresponding to existing after-sales services and guarantees;
- The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;
- the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
- the standard form for withdrawal if the Consumer has the right of withdrawal.
5.6. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.
RIGHT OF WITHDRAWAL
In case of products:
6.1. The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
6.2. The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or
- if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the last product. The Entrepreneur may refuse an order of several products with different delivery dates provided that he clearly informs the Consumer prior to the order process.
- in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him received the last batch or the last part.
- in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed by him received the first product.
Extended reflection period for products, services and digital content that has not been delivered on a physical carrier in case no information is given about the right of withdrawal:
6.3. If the Entrepreneur has not provided the Consumer with the legally required information about the right of withdrawal or has not provided the standard form for withdrawal, the reflection period expires twelve months after the end of the original reflection period in accordance with the reflection period determined in the previous sub-clauses of this Article.
6.4. If the Entrepreneur provided the Consumer with the information referred to in the previous article within twelve months after the starting day of the original period of reflection, the period of reflection expires 14 day after the day on which the Consumer received the information.
CONSUMER’S OBLIGATIONS DURING THE TIME OF REFLECTION
7.1. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
7.2. The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1.
7.3. The Consumer is not liable for the decrease in value of the product if the Entrepreneur has not provided him with all legal information about the right of withdrawal before concluding the Agreement.
EXERCISING THE CONSUMER’S RIGHT OF WITHDRAWAL AND THE COSTS
8.1. If the Consumer exercises his right of withdrawal he shall notify the Entrepreneur unambiguously with the standard form for withdrawal or in another way e.g. via e-mail, within the period of reflection.
8.2. The Consumer shall return the product or deliver it to (the authorized representative of) the Entrepreneur as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1. This need not be done if the entrepreneur offered to collect the product himself. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.
8.3. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the Entrepreneur.
8.4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
8.5. The Consumer shall bear the direct costs of returning the product. If the Entrepreneur has not reported that the Consumer has to bear these costs or if the Entrepreneur pointed out that he will bear the costs himself, the Consumer need not pay the cost of returning the product.
8.6. If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.
ENTREPRENEUR’S OBLIGATIONS IN CASE OF WITHDRAWAL
9.1. If the Entrepreneur makes the notification of withdrawal by electronic means possible, she shall promptly send a refund confirmation email.
9.2. The Entrepreneur shall reimburse all payments made by the Consumer, including any delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which the Consumer notified him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, he can wait with paying back until having received the product or until the Consumer proved that he returned the product, whichever occurs first.
9.3. The Entrepreneur shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
9.4. If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the Entrepreneur need not reimburse the additional costs for the more expensive method.
10.1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
10.2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
10.3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
10.4. Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and
- they are the result of legal regulations or stipulations, or
- the Consumer has the authority to cancel the contract before the day on which the price increase starts.
10.5. All prices indicated in the provision of products or services are including VAT.
PERFORMANCE OF AN AGREEMENT AND EXTRA GUARANTEE
11.1. The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.
11.2. An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations if the Entrepreneur has failed in the fulfilment of his part of the agreement.
11.3. Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his Supplier, Importer or Manufacturer in whom he assigns certain rights or claims to the Consumer that go further than he is legally required in case he fails in the compliance with his part of the agreement.
DELIVERY AND EXECUTION
12.1. The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
12.2. The place of delivery is at the address given by the Consumer to the Entrepreneur.
12.3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
12.4. After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
12.5. The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.
13.1. The amounts to be paid by the Consumer must be paid in advance through 1 of the available payment methods on the website.
14.1. The Entrepreneur shall have a sufficiently notified complaints procedure in place and shall handle the complaint in accordance with this complaint procedure.
14.2. Complaints about the performance of the contract shall be submitted fully and clearly described to the Entrepreneur within a reasonable time after the Consumer discovered the defects.
14.3. The complaints submitted to the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
14.4. If the complaint cannot be solved in joint consultation within a reasonable time or within at least 4 weeks after submitting the complaint, there will be a dispute that is open to the dispute settlement rules.
15.1. Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law. For more information about disputes, please see the European online platform for disputes resolution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
ADDITIONAL PROVISION OR DEROGATIONS
Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.
Appendix I: Standard form for withdrawal
Standard Form for Withdrawal
(Complete this form and return it only when you want to revoke the agreement)
- To: [Entrepreneur’s name]
[Entrepreneur’s geographic address]
[Entrepreneur’s fax number, if available]
[Entrepreneur’s email address or electronic address]
- I/We hereby inform you that I/we wish to revoke our agreement on the sale of the following products: [specification of the product]*
the delivery of the following digital content [specification of the digital content]*
the performance of the following service [specification of the service]*
- Ordered on*/received on* [date of ordering the services or receiving products]*
- [Consumer’s name]
- [Consumer’s address]
- [Consumer’s signature] (only when this form is submitted on paper)
*) Delete and/or complete where appropriate.
ADDITIONAL TERMS AESTHETIC STORIES
17.1. In these General Terms and Conditions the following words shall have the following meaning, unless expressly stated otherwise or the context otherwise requires:
- Aesthetic Stories: the User of these General Terms and Conditions: Aesthetic Stories registered at Amsterdam, Marnixstraat 34-HL, registered with the Chamber of Commerce under “KvK” number 64981347;
- Agreement: the agreement concluded through the Website
- Customer: the natural person acting for purposes other than the exercise of his professional or business activities and that concludes an Agreement with Aesthetic Stories through the Website;
- Product: the product offered by Aesthetic Stories through the Website;
- Website: the Website www.aestheticstories.com.
18.1. The General Terms and Conditions contained herein apply to all Agreements between Aesthetic Stories and Customer concluded through the Website.
18.2. Any deviations to these General Terms and Conditions are valid only if agreed in writing or by email.
18.3. In case different conditions have been agreed for certain subjects covered by these General Terms and Conditions, these General Terms and Conditions will remain applicable to any remaining parts of the Agreement. Deviations agreed shall never apply to more than one Agreement.
18.4. In case one or more provisions of these General Terms and Conditions are void or declared invalid, the remaining provisions of these General Terms and Conditions shall remain in full force and effect. The void or invalid provisions shall be replaced by Aesthetic Stories, taking into account the purport and intention of the original provision(s) to the extent as possible.
19.1. Offers are free of engagement.
19.2. The offer of Aesthetic Stories on its Website is valid as long as stocks last.
19.3. Offers do not automatically apply to future Agreements.
19.4 . Apparent errors or mistakes in the offer on the Website are not binding on Aesthetic Stories.
19.5. The Product range offered on the Website is subject to change.
20.1. Customer can create an account through the Website. For that purpose Customer needs to complete and send in the online registration form. After the account registration has been successfully concluded, Aesthetic Stories will immediately send Customer a confirmation of registration by email.
20.2. Customer undertakes to provide his correct name, address and other information requested during registration. Aesthetic Stories is not responsible for errors as a result of incorrect information provided.
20.3. The account is personal and non-transferrable.
20.4. Customer is at all times responsible for his account on the Website and his log in information. Customer shall carefully keep his log in information to himself and shall in no case disclose said log in information to any third parties.
21.1. Aesthetic Stories does not guarantee that the Website will perform without any interruptions or errors or that all errors will be corrected.
21.2. Aesthetic Stories has the right to modify the Website at any point in time.
CONDITIONS FOR USE
22.1. When using the Website Customer shall act in such a way as may be expected from a responsible internet user exercising due care.
22.2. Customer is prohibited from circumventing or crack the security applications of the Website.
22.3. Customer is prohibited from using the Website in such a way that it affects the proper performance of computer systems of Aesthetic Stories or any third parties or that other users of the Website are interfered with respectively restricted as a result of that.
CONCLUSION OF AGREEMENT
23.1. The Agreement is concluded after Customer has completed the entire order process through the Website and has clicked the button “Order subject to payment obligation”.
23.2. The Agreement shall not be concluded through the Website until after Customer has clicked the button confirming that he has approved of these General Terms and Conditions.
23.3. After the Agreement has been concluded through the Website, Aesthetic Stories will immediately send Customer a confirmation by email. This confirmation email will contain the order number and other information of Customer’s order. In case Customer has not received a confirmation email from Aesthetic Stories, Customer needs to contact Aesthetic Stories’s customer service.
24.1. Information and services mentioned on the Website may contain technical mistakes and/or typographical errors. Aesthetic Stories is not liable for such errors and/or mistakes.
24.2. The operation of the Website may be interrupted by for instance a malfunction or maintenance. Aesthetic Stories is not liable for damage in case of temporary unavailability of the Website.
24.3. Aesthetic Stories can never guarantee that the information on the Website is correct. Aesthetic Stories will make every effort to ensure that the accuracy of this information is as consistent as possible. Outside influences, for instance as a result of hackers, are always possible and may lead to distorted information. Aesthetic Stories is not liable for this distorted information.
24.4. Aesthetic Stories is not liable for damage of whatever kind caused by Aesthetic Stories acting upon incorrect and/or incomplete information provided by Customer.
24.5. Aesthetic Stories can in no way be made liable for the loss of a user name and password used by Customer. For that reason Aesthetic Stories cannot be made liable in case any unauthorized third parties use Customer’s log in codes.
24.6. The colours shown by Customer’s screen may differ from the actual Product colours. Aesthetic Stories is not liable for any minor colour differences.
24.7. Aesthetic Stories is not liable for any accidents involving or caused by the Product or damage caused to the Product as a result of for instance incorrect use, use not in accordance with the instructions for use or as a result of incorrect assembly or installation of the Product by Customer or any third parties engaged by Customer.
24.8. Aesthetic Stories is not liable for loss or distortion of information due to transmission of the information by telecommunication facilities.
24.9. Aesthetic Stories does not accept any liability towards Customer for indirect or consequential damage, including but not limited to loss of information, profit, turnover or savings.
24.10. In case Aesthetic Stories is liable for any for any damage, the liability of Aesthetic Stories is limited to the amount of the payment made by the insurer of Aesthetic Stories. In case the insurer does not pay in any given case or the damage is not covered by the insurance, the liability of Aesthetic Stories is limited to the invoice amount or that part of the Agreement to which this liability applies. 24.11. The limitations of liability for direct damage contained in these General Terms and Conditions do not apply in case damage is caused by intent or deliberate recklessness on the part of Aesthetic Stories or its subordinates.
25.1. Aesthetic Stories is not obliged to observe any obligations under the Agreement or to pay any damages in case of Force Majeure. Force Majeure shall in any case include: non-attributable failure in performance on the part of third parties engaged, virus infection and unauthorized access by third parties, traffic obstructions, weather influences, internet malfunctions, power interruptions, fire, theft, government measures and any other situation beyond the (decisive) control of Aesthetic Stories.
25.2. In case Aesthetic Stories knows or suspects that it will be prevented to supply (part of the) order due to Force Majeure, Aesthetic Stories will inform Customer of that as soon as possible by email.
APPLICABLE LAW AND COMPETENT COURT
26.1. Any rights, obligations, offers and Agreements to which these General Terms and Conditions apply, are governed by Dutch law exclusively.
26.2. Any disputes between Customer and Aesthetic Stories shall be submitted to the jurisdiction of the competent court of law in the district in which Aesthetic Stories has its registered place of business. After Aesthetic Stories has informed Customer in writing that it wishes to invoke this condition, Customer has the opportunity during one month to opt for settlement of the dispute by the court that is competent by virtue of the law.