Article 1 – Definitions
For the means of these conditions:
- Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
- Consumer: the natural person who does not act in the pursuit of profession or business and enters into a distance contract with the entrepreneur;
- ‘Distance agreement’ means an agreement whereby, in the context of a system for distance selling of products and/or services organised by the operator, one or more distance communication techniques is used only until the conclusion of the contract;
- Technology for remote communication: means which can be used to conclude an agreement without the consumer and the entrepreneur meeting simultaneously in the same space;
- Time to think: the time limit within which the consumer may benefit from his right of withdrawal;
- Right of withdrawal: the possibility for the consumer to opt out of the distance contract within the cooling-off period;
- Day: calendar day;
- Duration transaction: a distance agreement relating to a range of products and/or services, the supply and/or purchase obligation of which is spread over time;
- Sustainable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Article 2 – Identity of the entrepreneur
Fine Derm B.V.
Noordstraat 9, 2411 BG Bodegraven
Phone number: 0629505514
Accessibility: Monday to Friday from 9:00 a.m. to 5:00 p.m.
Email address: firstname.lastname@example.org
VAT identification number: NL851876390B01
Article 3 – Applicability
- These terms and conditions apply to each offer made by the entrepreneur and to any distance agreement between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions can be identifiable to the trader and they will be sent free of charge as soon as possible at the consumer’s request.
- By way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that it can be stored by the consumer in a simple way on a durable data medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be notified by electronic means and that, at the consumer’s request, they will be transmitted free of charge or otherwise free of charge.
- In the event that, in addition to these general conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutedly and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision which is most favourable to him.
Article 4 – The offer
- If an offer has a limited period of validity or is subject to conditions, this is 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 allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are linked to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any cost of delivery;
- the manner in which the agreement will be concluded and what actions are required;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or implementation of the contract;
- the time limit for acceptance of the offer or the time limit for the award;
- the level of the distance communication rate if the cost of using the technique for distance communication is calculated on a basis other than the basic rate;
- if the contract is archived after its conclusion, the manner in which it can be consulted by the consumer;
- the way in which the consumer can be informed of the transactions he does not want before the contract is concluded and how he can restore it before the contract is concluded;
- any languages in which, in addition to Dutch, the agreement may be concluded;
the codes of conduct to which the entrepreneur has been subjected and the way in which the consumer can consult these codes of conduct by electronic means; And
the minimum duration of the distance contract in the event of an agreement which extends to the continuous or periodic delivery of products or services.
Article 5 – The Agreement
- The contract shall be concluded, subject to paragraph 4, at the time of the consumer’s acceptance of the offer and compliance with the conditions laid down there by it.
- If the consumer has accepted the offer by electronic means, the operator shall immediately confirm the receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed, the consumer may terminate the contract.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the operator will take appropriate safety measures to this end.
- The entrepreneur may inform himself, within legal frameworks, whether the consumer can meet his payment obligations, as well as all those facts and factors relevant to the responsible entering into of the distance contract. If, on the basis of this examination, the economic operator has good grounds not to enter into the contract, he is entitled to refuse an order or application or to attach special conditions to the execution.
- The entrepreneur shall send the following information to the consumer in the case of the product or service provided to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data medium:
- A. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
- (b) the conditions under which and the way in which the consumer may avaop the right of withdrawal or a clear notification concerning the exclusion of the right of withdrawal;
- (c) information on existing service after purchase and guarantees;
- (d) the information provided for in Article 4(3) of these conditions, unless the economic operator has already provided such information to the consumer before the performance of the contract;
- (e) the requirements for termination of the contract if the contract is lasting more than one year or is of an indefinite period.
If the entrepreneur has committed himself to supplying a range of products or services, the provision in the previous paragraph shall apply only to the first supply
Article 6 – Right of withdrawal in the case of delivery of products
- When purchasing products, the consumer has the option to terminate the contract without giving reasons for 7 days. This period shall take into take up on the day following receipt of the product by or on behalf of the consumer.
- During this period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to that extent to the extent necessary to assess whether he wishes to retain the product. If he avaops his right of withdrawal, he will return the product to the trader in accordance with the reasonable and clear instructions provided by the trader, with all the accessories supplied and, if reasonably possible, in the original condition and packaging.
Article 7 – Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, the costs of the return shall be borne at most.
- If the consumer has paid an amount, the trader will repay this amount as soon as possible, but not later than 30 days after the return or withdrawal.
Article 8 – Right of withdrawal exclusion
- If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
- Exclusion from the right of withdrawal shall be possible only for products:
- A. established by the entrepreneur in accordance with consumer specifications;
- b. which are clearly personal in nature;
- (c) which cannot be returned by their very nature;
- (d) which can quickly spoil or age;
- (e) the price of which is linked to fluctuations in the financial market over which the trader has no influence;
- f. for individual newspapers and magazines;
- (g) for audio and video recordings and computer software whose consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- A. on accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
- (b) the delivery of which began with the express consent of the consumer before the cooling-off period has expired;
- betting and lotteries.
Article 9 – The price
- During the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased, subject to price changes due to changes in VAT rates.
- By way of derogation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and which the trader has no influence on, with variable prices. This commitment to fluctuations and the fact that any prices quoted are target prices are indicated in the offer.
- Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only permitted if the trader has negotiated this and:
- A. are the result of legislation or provisions; Or
- (b) the consumer has the power to terminate the contract by the day on which the price increase takes effect.
- The prices listed in the supply of products or services include VAT.
Article 10 – Conformity and Guarantee
- The entrepreneur shall ensure that the products and/or services comply with the contract, the specifications set out in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
A scheme offered as a guarantee by the entrepreneur, manufacturer or importer shall not affect the rights and claims which the consumer may assert in the case of a failure to fulfil the obligations of the entrepreneur to the entrepreneur under the law and/or the distance contract.
Article 11 – Delivery and execution
- The entrepreneur will take the utmost care when receiving and carrying out orders of products and in assessing requests for services.
- The place of delivery shall be the address which the consumer has made known to the company.
- Subject to the terms and conditions set out in Article 4 of these terms and conditions, the company shall carry out accepted orders with skillful urgency but not later than 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive a notice of this no later than one month after placing the order. In that case, the consumer has the right to terminate the contract at no cost and to any compensation.
- In the event of dissolution in accordance with the previous paragraph, the trader shall repay the amount paid by the consumer as soon as possible, but not later than 30 days after dissolution.
- If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement item available. At the latest at the time of delivery, it will be reported in a clear and understandable manner that a replacement item will be delivered. In the case of substitute articles, the right of withdrawal cannot be excluded. The cost of returns is at the expense of the entrepreneur.
- The risk of damage and/or disappearance of products rests until the moment of delivery to the consumer with the trader, unless expressly otherwise agreed.
Article 12 – Duration transactions
- The consumer may terminate an indefinite contract at any time subject to the rules of notice agreed and a period of notice of not more than one month.
A fixed-term contract shall have a maximum duration of two years. If it is agreed that, in the case of consumer silence, the distance contract will be extended, the contract will continue as an indefinite contract and the notice period after the continuation of the contract will not exceed one month.
Article 13 – Payment
- In so far as no later agreement has been agreed, the amounts due by the consumer shall be paid within 14 days of delivery of the goods or in the case of a contract to provide a service, within 14 days of the issue of the goods relating to documents.
- When selling products to consumers, a prepayment of more than 50% may never be negotiated under terms and conditions. Where advance payment has been negotiated, the consumer cannot assert any right to carry out the order or service(s) in question before the prepayment has been negotiated.
- The consumer has a duty to report inaccuracies to the trader without delay in payment details provided or mentioned.
- In the event of a default by the consumer, the trader shall have the right, subject to legal restrictions, to charge the reasonable costs previously disclosed to the consumer.
Article 14 – Complaints scheme
- The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints concerning the performance of the contract must be submitted to the trader within a timely, complete and clearly defined, after the consumer has identified the defects.
Complaints submitted to the entrepreneur are answered within 14 days of the date of receipt. If a complaint requires a foreseeable longer processing time, the trader replies within the 14-day period with a message of receipt and an indication when the consumer can expect a more detailed response.
Article 15 – Intellectual property.
The Buyer expressly acknowledges that all intellectual property rights of information, communications or other expressions relating to the products and/or respect to the internet site are vested in The Prima Derm, its suppliers or other rights holders.
Article 16 – Personal data.
Article 17 – Applicable law and competent court.
All offers from prima derm’s online shop, its agreements and their implementation are only valid under Dutch law.
Article 18 – Links
Article 19 – Your rights
You can always ask the Prima Derm e.g. what data is being processed about you. You can send an email to this end. You can also email Prima Derm to make improvements, additions or other corrections, which Prima Derm will process as soon as possible. If you no longer appreciate receiving information, you can inform Prima Derm. Information transmissions will only be done if you have provided your email address for this purpose.
Article 20 Additional or derogatory provisions
Additional or different provisions may not be to the detriment of the consumer and should be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data medium.