General terms and conditions
Article 1 – Definitions
In these terms and conditions the following terms shall have the following meanings: 1. Additional agreement: an agreement whereby the consumer acquires products in connection with a distance contract and these products are delivered by Beauty Stories or by a third party on the basis of an agreement between that third party and Beauty Stories. 2. General terms and conditions: the current general terms and conditions used by Beauty Stories. When ordering, the consumer agrees to the general terms and conditions. 3. Reflection period : the period within which the consumer can make use of his right of withdrawal (see also: right of withdrawal). 4. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession. 5. Day: calendar day. 6. Digital content: data produced and supplied in digital form. 7. Durable medium : any instrument – including e-mail – that enables the consumer or Beauty Stories to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purpose for which the information is intended and which allows for the unchanged reproduction of the stored information. 8. Right of withdrawal : the possibility for the consumer to cancel the distance contract within the cooling-off period (see also: cooling-off period).
- Entrepreneur : the natural or legal person who offers products and/or services remotely to consumers. 10. Distance contract : an agreement concluded between Beauty Stories and the consumer within the framework of an organised system for the distance sale of products and/or services, whereby up to and including the conclusion of the agreement one or more techniques for distance communication are used. 11. Privacy : personal data is included in the customer database. Beauty Stories will not provide personal data to other companies or institutions under any circumstances, unless this is necessary for the webshop or if Beauty Stories is legally obliged to do so (for example, if the police demand this in the event of a suspected crime). The extensive Privacy Policy can be found via the link at the bottom of the website.
12. Distance communication technology : means that can be used to conclude an agreement, without the consumer and Beauty Stories having to be in the same room at the same time.
Article 2 – Identity of Beauty Stories
Article 3 – Applicability of the general terms and conditions
- These general terms and conditions apply to every offer from Beauty Stories and to every distance contract concluded between Beauty Stories and the consumer.
2. As soon as the agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, Beauty Stories will indicate before the distance contract is concluded in what way the general terms and conditions can be consulted at Beauty Stories and that they will be sent free of charge to the consumer as soon as possible at the consumer's request. 3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request. 4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.
Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. 2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If Beauty Stories uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind Beauty Stories. 3. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.
Article 5 – The agreement
1. Subject to the provisions of paragraph 4 of this article, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set. 2. If the consumer has accepted the offer electronically, Beauty Stories will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Beauty Stories, the consumer can terminate the agreement. 3. If the agreement is concluded electronically, Beauty Stories will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, Beauty Stories will take appropriate security measures to that end. 4. Beauty Stories may, within legal frameworks, inquire whether the consumer can meet his payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, Beauty Stories has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution. 5. Beauty Stories will send the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, at the latest upon delivery of the product and/or service: a. the address of the Beauty Stories establishment where the consumer can submit complaints; b. 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; c. the information about guarantees and existing after-sales service; d. the price including all taxes of the product and/or service. Where applicable, the costs of delivery, and the method of payment, delivery or execution of the distance contract;
- In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of 14 days without giving reasons. Beauty Stories may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s). 2. The reflection period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or: a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. Beauty Stories may refuse an order for multiple products with different delivery times, provided that it has clearly informed the consumer of this prior to the ordering process. b. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
Article 7 – Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop. 2. The consumer is only liable for any diminished value of the product resulting from the handling of the product in a way that goes beyond what is permitted in paragraph 1.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he shall report this to Beauty Stories in an unambiguous manner within the reflection period of 14 days. 2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) Beauty Stories. This is not necessary if Beauty Stories has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired. 3. The consumer shall return the product with all delivered accessories, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Beauty Stories. 4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer. 5. The consumer shall bear the direct costs of returning the product. 6. If the consumer revokes after having first expressly requested that the performance of the service that has not been made ready for sale in a limited volume or specific quantity commences during the cooling-off period, the consumer owes Beauty Stories an amount that is proportional to that part of the commitment that Beauty Stories has fulfilled at the time of revocation, compared to the full fulfillment of the commitment. 7. If the consumer exercises his right of withdrawal, all additional agreements are automatically dissolved.
Article 9 – Obligations of Beauty Stories in case of withdrawal
1. If Beauty Stories makes it possible for the consumer to notify the withdrawal electronically, it will immediately send a confirmation of receipt after receiving this notification. 2. Beauty Stories will refund the consumer using the same payment method as the consumer used for the original transaction, unless the consumer has expressly agreed otherwise. 3. Beauty Stories may wait with the refund until the goods have been returned, or the consumer has demonstrated that the goods have been returned.
Article 10 – Exclusion of the right of withdrawal
Beauty Stories may exclude the following products and services from the right of withdrawal, but only if Beauty Stories clearly states this on the website, or mentions it in the offer, or mentions it when concluding the agreement:
- Products or services that have been ordered and are returned because, for example, the scent does not meet expectations, will not be taken back by Beauty Stories. Beauty Stories also offers small samples for sale, which can prevent such revocations,
- products or services whose price is subject to fluctuations in the financial market over which Beauty Stories has no influence and which may occur within the withdrawal period,
- products manufactured according to consumer specifications which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer or which are clearly intended for a specific person,
- sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery,
- products which, after delivery, are irreversibly mixed with other products due to their nature.
Article 11 – The price
1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates. 2. Notwithstanding the previous paragraph, Beauty Stories may offer products or services whose prices are subject to fluctuations in the financial market over which Beauty Stories has no influence, with variable prices. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer. 3. Price increases within three (3) months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. 4. Price increases from three (3) months after the conclusion of the agreement are only permitted if Beauty Stories has stipulated this and: - these are the result of statutory regulations or provisions, or, - the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect. 5. The prices stated in the offer of products or services include VAT.
Article 12 – Compliance with agreement and warranty
1. Beauty Stories guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement was concluded. 2. A guarantee provided by Beauty Stories, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against Beauty Stories under the agreement if Beauty Stories has failed to fulfil its part of the agreement.
Article 13 – Delivery and execution
1. Beauty Stories will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services. 2. The place of delivery is the address that the consumer has made known to Beauty Stories. 3. Taking into account what is stated in article 4 (the offer) of these general terms and conditions, Beauty Stories will execute accepted orders with due speed but at the latest within one week, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this at the latest one week after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation. 4. After termination in accordance with the previous paragraph, Beauty Stories will immediately refund the amount paid by the consumer. 5. The risk of damage and/or loss of products rests with Beauty Stories until the moment of delivery to the consumer or a representative designated in advance and made known to Beauty Stories, unless expressly agreed otherwise.
Article 14 – Termination
1. The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products or services, at any time, taking into account the agreed termination rules and a notice period of no more than one month. 2. The consumer may terminate an agreement entered into for a definite period and which extends to the (regular) delivery of products or services, at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month. 3. 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 during a specific period, – at least terminate them in the same manner as they were entered into by him. – always terminate them with the same notice period as Beauty Stories has stipulated for itself.
Article 15 – Payment
1. Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid immediately after/upon conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement. 2. If advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made. 3. The consumer has the duty to report any inaccuracies in the payment details provided or stated to Beauty Stories without delay. 4. If the consumer does not meet his payment obligation(s) on time, he will be in default after Beauty Stories has informed him of the late payment and Beauty Stories has granted the consumer a period of 14 days to still meet his payment obligations, if payment is not made within this 14-day period, and the statutory interest will be owed on the amount still owed. 5. In the event of default by the consumer, Beauty Stories is entitled to immediately proceed to collect the amount due, in which case it claims full compensation for both the legal costs incurred by it and the extrajudicial collection costs. The extrajudicial collection costs are calculated in accordance with the scale from the 'Decree on compensation for extrajudicial collection costs'. The collection costs amount to a minimum of € 40.00.
Article 16 – Liability
1. Beauty Stories is never liable for any special, indirect or consequential damage to the consumer or third parties, including physical damage, environmental damage, loss of use of any product, except in the case of intent or deliberate recklessness. Beauty Stories is not liable for damage of any nature whatsoever, arising because Beauty Stories has relied on incorrect and/or incomplete information provided by the consumer about relevant physical conditions, use of medication, work or leisure activities. Beauty Stories does not guarantee allergic reactions arising from the use of the products. 2. The consumer will indemnify Beauty Stories and hold Beauty Stories harmless from all claims, demands and demands relating to any direct or indirect damage, including costs and damage arising for Beauty Stories from tax obligations, personal injury, death or loss, destruction of or damage to property and body, in any way directly or indirectly related to the delivery(ies) made by Beauty Stories in the broadest sense of the word, for which Beauty Stories is held liable by third parties. 3. All legal costs, both judicial and extrajudicial, and other costs of processes, proceedings or negotiations, resulting from the claims referred to in this article will be fully borne by the consumer.
Article 17 – Complaints procedure
1. Beauty Stories has a sufficiently publicized complaints procedure and will handle the complaint in accordance with this complaints procedure. The consumer must make the complaint known in writing, by post, by email ( info@beautystories.nl ) or via our online complaints form . 2. Complaints about the performance of the agreement must be submitted to Beauty Stories within a reasonable time after the consumer has discovered the defects, fully and clearly described. 3. Complaints submitted to Beauty Stories will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Beauty Stories will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer. 4. After contact by post, by email ( info@beautystories.nl ) or via our online complaints form , the consumer must give Beauty Stories at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.
Article 18 – Disputes and competent court
1. Agreements between Beauty Stories and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. 2. All disputes arising in connection with the agreement will be settled by the competent court in the Netherlands according to the law.
Article 19 – Additional or deviating provisions
1. Additional or deviating provisions 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 data carrier.
Article 20 – Final provisions
1. If any provision of these general terms and conditions proves to be invalid in whole or in part, this will in no way affect the validity of the remainder of this provision and these general terms and conditions, provided that the invalid provision will be replaced by a provision that approximates as closely as possible what was intended with the original provision.