General Terms and Conditions Cosmeopathy

General Terms and Conditions Cosmeopathy

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 – Right of Withdrawal

Article 7 – Costs in the Event of Withdrawal

Article 8 – Exclusion of the Right of Withdrawal

Article 9 – The Price

Article 10 – Conformity and Warranty

Article 11 – Delivery and Execution

Article 12 – Continuing Performance Contracts: term, termination and renewal

Article 13 – Payment

Article 14 – Complaints Procedure

Article 15 – Disputes

Article 16 – Additional or Deviating Provisions

Article 16a – Cancellation Terms for Cosmeopathy Workshops

Article 17 – Other

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise the right of withdrawal.
Consumer: the natural person who is not acting for purposes relating to his trade, business, craft, or profession and who enters into a distance contract with the entrepreneur.
Day: calendar day.
Continuing performance contract: a distance contract relating to a series of products and/or services for which the obligation to deliver and/or take delivery is spread over time.
Durable data carrier: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.
Model form: the model withdrawal form provided by the entrepreneur that a consumer can complete if they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: a contract concluded within the framework of an organized system by the entrepreneur for the distance sale of products and/or services whereby, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication.
Means of distance communication: a means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same place.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Nancy Oostendorp – Brusse – Studio for Cosmeopathy

Dorpsstraat 158a, 2712 AP Zoetermeer

Phone: +31 6 12 02 93 44

Email: info@cosmeopathy.nl

Chamber of Commerce (KvK): 55.95.14.73

VAT identification number: NL001117811B32Btw-identificatienummer: NL001117811B32

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall 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 are available for inspection at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the contract is concluded, the text of these general terms and conditions may be provided to the consumer electronically in such a way that the consumer can store it easily on a durable data carrier. If this is not reasonably possible, it will be indicated, before the 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.
If, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs 2 and 3 apply accordingly and, in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to them.
If one or more provisions in these general terms and conditions are wholly or partially void or annulled at any time, the agreement and these terms and conditions shall otherwise remain in force, and the relevant provision shall be replaced without delay by a provision that approaches the intent of the original as closely as possible by mutual agreement.
Situations not regulated in these general terms and conditions should be assessed “in the spirit” of these general terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of these terms must also be interpreted “in the spirit” of these general terms and conditions.Onduidelijkheden over de uitleg of inhoud van één of meerdere bepalingen van onze voorwaarden, dienen uitgelegd te worden ‘naar de geest’ van deze algemene voorwaarden.

Article 4 – 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.
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 and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer, in particular:
- the price including taxes;
- any shipping costs;
- the manner in which the contract will be concluded and which actions are required;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the contract;
- the period for accepting the offer, or the period during which the entrepreneur guarantees the price;
- the level of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means used;
- whether the contract will be archived after conclusion and, if so, how it can be consulted by the consumer;
- the way in which the consumer, before concluding the contract, can check and, if desired, rectify the data provided by them in the context of the contract;
- any other languages in which, in addition to Dutch, the contract can be concluded;
- the codes of conduct to which the entrepreneur has submitted and the way the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the event of a continuing performance contract.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions thereby stipulated.
If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may—within legal frameworks—obtain information about whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the contract, they are entitled to refuse an order or application, giving reasons, or to attach special conditions to the execution.
The entrepreneur shall provide the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

the visiting address of the entrepreneur’s business where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing after-sales service;
the data referred to in Article 4(6), unless the entrepreneur has already provided this information to the consumer prior to execution of the contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Every contract is concluded subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

For delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after the consumer, or a third party designated by the consumer and known to the entrepreneur, has received the product.
During the cooling-off period, the consumer shall handle the product and packaging with care. They shall unpack or use the product only to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product with all supplied accessories and—if reasonably possible—in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. Notification should be made using the model form. After the consumer has indicated that they wish to exercise their right of withdrawal, the product must be returned within 14 days. The consumer must prove that the goods have been returned on time, for example by means of proof of shipment.
If, after expiry of the periods referred to in paragraphs 2 and 3, the consumer has not indicated that they wish to exercise the right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

For delivery of services:

In the case of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day the contract is concluded.

To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises the right of withdrawal, at most the costs of return shipment shall be for their account.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. Refunds shall be made via the same payment method used by the consumer unless the consumer expressly agrees to another method.
In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
The consumer cannot be held liable for any depreciation of the product if the entrepreneur has not provided all the legally required information about the right of withdrawal; this must be done before concluding the purchase agreement.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal applies only if the entrepreneur clearly states this in the offer, or at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:

that are made to the consumer’s specifications;
that are clearly personal in nature;
that, by their nature, cannot be returned;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market that the entrepreneur cannot influence;
single issues of newspapers and magazines;
audio and video recordings and computer software whose seal has been broken by the consumer;
hygienic products whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
which have begun with the express consent of the consumer before the cooling-off period has expired;
relating to betting and lotteries.

Article 9 – The Price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and which the entrepreneur cannot influence, at variable prices. This link to fluctuations and the fact that any prices stated are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

they are the result of statutory regulations or provisions; or
the consumer has the right to terminate the contract as of the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of such errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.
A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:

the consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties;
the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging;
the defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the utmost care when receiving orders for products and in assessing requests for the provision of services and in executing them.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or can only be carried out partially, the consumer shall receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any periods mentioned. Exceeding a period does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. It will be clearly and comprehensibly stated upon delivery that a replacement article is being supplied. For replacement articles, the right of withdrawal cannot be excluded. Any return shipping costs are for the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuing Performance Contracts: term, termination and renewal

Termination

The consumer may terminate an open-ended contract for the regular supply of products (including electricity) or services at any time, subject to the applicable termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services by the end of the fixed term, subject to the applicable termination rules and a notice period of no more than one month.
The consumer may:

terminate the agreements referred to in the previous paragraphs at any time and not be limited to termination at a specific time or in a specific period;
at least terminate them in the same way as they were entered into;
always terminate them with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A fixed-term contract for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

By way of derogation from the previous paragraph, a fixed-term contract for the regular supply of daily, news and weekly papers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period of no more than one month.

A fixed-term contract for the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months if the contract concerns the regular, but less than monthly, delivery of daily, news and weekly papers and magazines.

A contract with a limited duration for the regular delivery of daily, news and weekly papers and magazines by way of introduction (trial or introductory subscription) shall not be tacitly continued and ends automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1). In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.
The consumer has the duty to report inaccuracies in payment data provided or stated to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the consumer reasonable costs made known in advance.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the contract must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the disputes procedure.
(https://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their option, replace or repair the delivered products free of charge.

Article 15 – Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.
The Vienna Sales Convention (CISG) does not apply.

Article 16 – Additional or Deviating Provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the consumer’s detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 16a – Cancellation Terms for the Cosmeopathy Workshops

For a partial refund of the ticket, you must cancel via app at least 7 days in advance. (€5.00 administration fee applies.)
No timely cancellation? Please resell your ticket yourself; refunds are not possible in that case.
Purchased tickets cannot be exchanged for cash, treatments, or products.

Article 17 – Other

Disclaimer for www.cosmeopathy.nl

Studio for Cosmeopathy of Nancy Oostendorp – Brusse (Chamber of Commerce: 55951473), hereinafter referred to as Studio for Cosmeopathy, hereby grants you access to www.cosmeopathy.nl (the “Website”) and invites you to purchase the offerings.

Studio for Cosmeopathy reserves the right to modify the content or remove parts at any time without having to notify you.

Limited liability

Studio for Cosmeopathy makes every effort to update and/or supplement the content of the Website as often as possible. Despite this care and attention, it is possible that content is incomplete and/or incorrect.

The materials offered on the Website are provided without any form of guarantee or claim to accuracy. These materials may change at any time without prior notice from Studio for Cosmeopathy.

Specifically for prices and other information about products on the Website, a reservation is made for obvious programming and typographical errors. You cannot claim an agreement with Studio for Cosmeopathy on the basis of such errors. Studio for Cosmeopathy can never accept liability for hyperlinks included on the Website to websites or services of third parties.

Copyrights

All intellectual property rights concerning these materials belong to Studio for Cosmeopathy.

Copying, distributing and any other use of these materials is not permitted without written permission from Studio for Cosmeopathy, except and only insofar as otherwise provided in rules of mandatory law (such as quotation right), unless indicated otherwise for specific materials.

The use of the word and/or brand name Cosmeopathy is strictly prohibited unless a license has been applied for and granted by Studio for Cosmeopathy.

Other

This disclaimer may change from time to time.