General Terms and Conditions
Table of contents
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of cancellation
Article 7 - Costs in the event of cancellation
Article 8 - Exclusion of the right of cancellation
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Permanent transactions: Duration, cancellation and renewal
Article 13 - Payment
Article 14 - Rules of appeal
Article 15 - Disputes
Article 16 - Additional or derogating provisions
Article 1 - Definitions
In these terms and conditions is understood as:
Cooling-off period: the period within which the consumer can exercise their right of cancellation; read all about the cooling-off period
Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the trader;
Day: Calendar day;
Duration transaction: a distance contract relating to a series of products and/or services whose delivery and/or purchase obligation is spread over time;
Durable medium: any means that enables the consumer or trader to store information addressed personally to him in such a way that future consultation and unaltered reproduction of the stored information is possible.
Right of cancellation: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model form: the model withdrawal form provided by the trader that a consumer can fill in if he wishes to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
Distance contract: a contract in which, within the framework of a system organised by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the contract, only one or more means of distance communication are used;
Distance communication technique: means that can be used to conclude a contract without the consumer and trader being in the same room at the same time.
General Terms and Conditions: these General Terms and Conditions of the Contractor.
Article 2 - Identity of the entrepreneur
Salon For All B.V.
Anholtseweg 24
7091HA Dinxperlo
The Netherlands
T +31 (0)85 065 9851
E [email protected]
Chamber of Commerce 96441054
VAT ID No. NL867612216B01
Article 3 - Applicability
These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and orders placed 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 stated that the general terms and conditions can be viewed at the entrepreneur and that they 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 may be made available to the consumer electronically in such a way that it can be easily stored by the consumer 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 viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
If specific product or service terms and conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly and, in the event of conflicting General Terms and Conditions, the consumer may always invoke the applicable provision that is most favourable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are destroyed, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced immediately in mutual consultation by a provision that comes as close as possible to the purpose of the original provision.
Situations that are not regulated in these General Terms and Conditions are to be assessed ‚within the meaning‘ of these General Terms and Conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted ‚in the spirit‘ of these general terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is authorised to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. 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 cancellation of the contract.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours shown correspond exactly to the real colours of the products.
Each offer shall contain such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This applies in particular:
the price including taxes;
the possible shipping costs;
the manner in which the contract is concluded and which actions are required for this;
whether the right of cancellation applies or not;
the method of payment, delivery and fulfilment of the contract;
the period for accepting the offer or the period within which the trader guarantees the price;
the amount of the tariff for distance communication if the costs for the use of distance communication technology are calculated on a basis other than the regular basic tariff for the means of communication used;
whether the contract is archived after it has been concluded and, if so, how it can be viewed by the consumer;
the way in which the consumer can check and, if necessary, restore the data provided by him under the contract before concluding the contract;
any other languages in which the contract can be concluded in addition to Dutch;
the codes of conduct to which the trader has subscribed and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of an ongoing transaction.
Article 5 - The contract
The contract is concluded, subject to the provisions of paragraph 4, at the time of acceptance of the offer by the consumer and fulfilment of the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur immediately confirms 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 cancel the contract.
If the contract is concluded electronically, the entrepreneur 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 entrepreneur will take appropriate security measures.
The entrepreneur can - within the legal framework - find out whether the consumer can fulfil 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 conclude the contract, he is authorised to refuse an order or request with good reason or to attach special conditions to its execution.
The entrepreneur will provide the consumer with the following information with the product or service in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the visiting address of the trader's establishment where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear message regarding the exclusion of the right of withdrawal;
information about guarantees and existing service after purchase;
the data referred to in Article 4(3) of these terms and conditions, unless the trader has already provided these data to the consumer prior to the execution of the contract;
the requirements for cancelling the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a recurring transaction, the provision in the previous paragraph only applies to the first delivery.
Each contract is concluded subject to the condition precedent of sufficient availability of the products concerned.
Article 6 - Right of cancellation
For delivery of products:
When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the trader.
During the cooling-off period, the consumer shall handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receipt of the product. The consumer must make this notification using the model form or another means of communication such as e-mail. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of dispatch.
If the customer has not made it known after the expiry of the periods mentioned in paragraphs 2 and 3 that he wishes to make use of his right of cancellation or has not returned the product to the entrepreneur, the purchase is a fact.
For the supply of services:
In the case of the supply of services, the consumer has the option of cancelling the contract without giving reasons for at least 14 days, starting on the day the contract is concluded.
To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.
Article 7 - Costs in the event of cancellation
If the consumer makes use of his right of cancellation, at most the costs of the return shipment shall be borne by him.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after cancellation. This is subject to the condition that the product has already been received back by the webshop owner or conclusive proof of complete return can be provided. Repayment will be made using the same payment method used by the consumer, unless the consumer explicitly authorises a different payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.
The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the purchase contract is concluded.
Article 8 - Exclusion of the right of cancellation
The trader may exclude the consumer's right of cancellation for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before the contract is concluded.
Exclusion of the right of cancellation is only possible for products:
manufactured by the trader according to the consumer's specifications;
which are clearly of a personal nature;
which cannot be returned due to their nature;
that can spoil quickly or become obsolete;
whose price is linked to fluctuations on the financial market over which the entrepreneur has no influence;
for loose newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer;
for hygiene products whose seal has been broken by the consumer.
Exclusion of the right of cancellation is only possible for services:
concerning accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
concerning 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 in the case of price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are linked 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 prices quoted are target prices will be stated in the offer.
Price increases within 3 months of 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 contractor has agreed this and:
these are the result of legal regulations or provisions; or
the consumer has the right to terminate the contract with effect from the day on which the price increase comes into force.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and guarantee
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of suitability and/or usability and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the entrepreneur 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 legal rights and claims that the consumer can assert against the trader on the basis of the contract.
Any defects or incorrectly delivered products must be reported to the Contractor in writing within 2 months of discovery of the defect.
The guarantee period of the entrepreneur corresponds to the factory guarantee period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:
the consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the Contractor and/or on the packaging;
the unsuitability is wholly or partly the result of regulations that the government has issued or will issue regarding the type or quality of the materials used.
Article 11 - Delivery and execution
The entrepreneur shall exercise the greatest possible care when receiving and fulfilling orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in paragraph 4 of this article, the company will fulfil accepted orders with due speed, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot or can only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In this case, the consumer has the right to cancel the contract free of charge. The consumer has no right to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any deadlines stated. Exceeding a deadline does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will repay the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If the delivery of an ordered product proves impossible, the entrepreneur will endeavour to make a replacement item available. At the latest at the time of delivery, a clear and comprehensible notification will be given that a replacement item will be delivered. The right of cancellation cannot be excluded for replacement items. The costs of any return shipment shall be borne by 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 representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Permanent transactions: Duration, cancellation and renewal
Cancellation
The consumer may terminate a contract that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed cancellation rules and a notice period of no more than one month.
The consumer may terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the agreed term, subject to the agreed cancellation rules and a notice period of no more than one month.
The consumer may conclude the contracts referred to in the previous paragraphs:
The customer may terminate the contract at any time and is not restricted to cancellation at a specific time or within a specific period;
at least in the same way as they were concluded by him;
always terminate with the same notice period as the entrepreneur has agreed for himself.
Extension
A contract that has been concluded for a fixed term and that extends to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Contrary to the previous paragraph, a contract that has been concluded for a definite period and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a definite period of no more than three months if the consumer can terminate this renewed contract at the end of the renewal period with a notice period of no more than one month.
A contract that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate the contract 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 extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of 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 argue against cancellation before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 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 is obliged to report any inaccuracies in the payment data provided or stated to the trader without delay.
In the event of late payment by the consumer, the trader has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 - Rules of appeal
The entrepreneur has a sufficiently publicised 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 in full and clearly described within 2 months after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute resolution procedure.
In case of complaints, the consumer must first contact the entrepreneur. If the webshop is affiliated with WebwinkelKeur and in the event of complaints that cannot be resolved in mutual consultation, the consumer must contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution has not yet been found, the consumer has the option of having his complaint dealt with by the independent Disputes Committee appointed by WebwinkelKeur, whose decision is binding and to which both the entrepreneur and the consumer agree. The submission of a dispute to this Disputes Committee is subject to costs to be paid by the consumer to the committee in question.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. Even if the consumer is domiciled abroad.
The Vienna Sales Convention is not applicable.
Article 16 - Additional or derogating provisions
Additional provisions or provisions that deviate 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 on a durable medium.