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 case of revocation
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, termination and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions
Article 1 – Definitions
In these terms and conditions the following terms shall have the following meanings:
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who
enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the
delivery and/or purchase obligation of which is spread over time;
Durable medium: any instrument which enables the consumer or entrepreneur to store information
addressed personally to him in a way accessible for future consultation and unaltered reproduction
of the stored information.
Right of withdrawal: the possibility for the consumer to cancel the distance contract within the
cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services remotely to
consumers;
Distance contract: an agreement whereby, within the framework of a system organised by the
entrepreneur for the distance sale of products and/or services, up to and including the conclusion of
the agreement, exclusive use is made of one or more techniques for distance communication;
Technology for distance communication: means that can be used to conclude an agreement
without the consumer and entrepreneur being in the same place at the same time.
Article 2 – Identity of the entrepreneur
Entrepreneur name: Shades Cosmetics Trading under the name(s): shadescosmetics.eu
Business address: Shades Cosmetics Weimarstraat 127, 2563 GT The Hague
Email address: info@shadescosmetics.nl
Chamber of Commerce number: 93686781
VAT number: NL866493918B01
Article 3 – Applicability
● These general terms and conditions apply to every offer made by the entrepreneur and to
every distance contract concluded 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, it will be indicated
before the distance contract is concluded that the general terms and conditions can be
viewed at the entrepreneur and that they will be sent to the consumer free of charge as soon
as possible at the consumer’s request.
● If the distance contract is concluded electronically, notwithstanding 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 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.
● 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
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. - 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 obvious errors in the offer do not bind the
entrepreneur. - Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
○ the price including taxes;
○ any costs of delivery;
○ the manner in which the agreement will be concluded and the actions required for this;
○ whether or not the right of withdrawal applies;
○ the method of payment, delivery and execution of the agreement;
○ the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
○ the level of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used;
○ whether the agreement is archived after it has been concluded and, if so, how the consumer can consult it;
○ the manner in which the consumer, before concluding the agreement, can check and, if necessary, correct the data provided by him in the context of the agreement;
○ any other languages in which, in addition to Dutch, the agreement may be concluded;
○ the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
○ the minimum duration of the distance contract in the event of a continuous transaction.
Article 5 – The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the time the
consumer accepts the offer and meets the conditions set therein. - If the consumer has accepted the offer electronically, the entrepreneur will immediately
confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance
has not been confirmed by the entrepreneur, the consumer can dissolve the agreement. - If the agreement is concluded electronically, the entrepreneur 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, the entrepreneur will take
appropriate security measures. - The entrepreneur may – within legal frameworks – inform himself whether the consumer can
meet his payment obligations, as well as all those facts and factors that are important for a
responsible conclusion of the distance contract. If the entrepreneur, based on this
investigation, has good reasons not to enter into the contract, he is entitled to refuse an order
or request with reasons or to attach special conditions to the execution. - The entrepreneur will send 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 establishment where the consumer can go
with 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;
○ the information about guarantees and existing after-sales service;
○ the information included in Article 4 paragraph 3 of these terms and conditions,
unless the entrepreneur has already provided this information to the consumer prior
to the execution of the agreement;
○ the requirements for terminating the agreement if the agreement has a duration of
more than one year or is of indefinite duration.
In the event of a continuing transaction, the provision in the previous paragraph only
applies to the first delivery.
Article 6 – Right of withdrawal
Upon 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 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 entrepreneur. - During the cooling-off period, the consumer will handle the product and 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 exercises his right of withdrawal, he will return the product with all
accessories supplied 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. - In case of termination of the agreement, the consumer is obliged to return the relevant
products within 14 days. This period commences on the day that the consumer indicates that
he wishes to make use of his right of withdrawal in the method indicated by the entrepreneur.
When providing services:
- When providing services, the consumer has the option to dissolve the agreement without
giving any reason for at least fourteen days, starting on the day the agreement is concluded. - In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear
instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 – Costs in case of revocation
- If the consumer exercises his right of withdrawal, he will be responsible for at most the costs
of return. - If the consumer has paid an amount, the entrepreneur will refund this amount as soon as
possible, but no later than 14 days after cancellation. The condition here is that the product
has already been received by the web shop or conclusive proof of complete return can be provided.
Article 8 – Exclusion of the right of withdrawal
- The entrepreneur can exclude the consumer’s right of withdrawal to the extent provided for in
paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur
has clearly stated this in the offer, at least in good time before the conclusion of the
agreement. - Exclusion of the right of withdrawal is only possible for products:
- which have been created by the entrepreneur in accordance with the consumer’s specifications;
- which are clearly personal in nature;
- which by their nature cannot be returned;
- which can spoil or become obsolete quickly;
- whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software where the consumer has broken the seal.
- for hygienic products where the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
- the delivery of which has commenced 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 due to changes in VAT rates. - By way of exception to the previous paragraph, the entrepreneur may offer products or
services whose prices are subject to fluctuations in the financial market and over which the
entrepreneur has no influence, with variable prices. This subjection to fluctuations and the
fact that any prices stated are target prices shall be stated in the offer. - Price increases within 3 months after the conclusion of the agreement are only permitted if
they are the result of statutory regulations or provisions. - Price increases from 3 months after the conclusion of the agreement are only permitted if the
entrepreneur 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.
- The prices stated in the offer of products or services include VAT
Article 10 – Conformity and Warranty
- The entrepreneur 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. If agreed, the entrepreneur also guarantees that the product is
suitable for other than normal use. - A guarantee provided by the entrepreneur, manufacturer or importer does not affect the
statutory rights and claims that the consumer can assert against the entrepreneur under the
agreement.
Article 11 – Delivery and execution
- The entrepreneur will exercise the greatest possible care when receiving and executing
orders for products and when assessing applications for the provision of services. - The place of delivery is the address that the consumer has made known to the company.
- Taking into account what is stated in article 4 of these general terms and conditions, the
company will execute accepted orders with due speed but at the latest within 30 days, unless
a longer 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 30
days after placing the order. In that case, the consumer has the right to terminate the
agreement without costs and is entitled to any compensation. - In the event of dissolution in accordance with the previous paragraph, the entrepreneur will
refund the amount paid by the consumer as soon as possible, but no later than 30 days after
dissolution. - If delivery of an ordered product proves impossible, the entrepreneur will make an effort to
provide a replacement article. At the latest upon delivery, it will be stated in a clear and
comprehensible manner that a replacement article is being delivered. The right of withdrawal
cannot be excluded for replacement articles. The costs of any return shipment are for the
account of 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 previously designated representative made known to the
entrepreneur, unless expressly agreed otherwise. - If customer provides incorrect address and company receives package back, shipping costs
will be paid by customer. - If the customer has not picked up the package at the pick-up location and the package is
returned after a certain period, the shipping costs will be paid by the customer.
Article 12 – Duration transactions: duration, termination and extension
Termination/Cancellation
- The consumer may at any time terminate an agreement entered into for an indefinite period
and which extends to the regular delivery of products (including electricity) or services, taking
into account the agreed termination rules and a notice period of no more than one month. - The consumer may terminate an agreement entered into for a definite period and which
extends to the regular delivery of products (including electricity) 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. - The consumer may terminate the agreements referred to in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a specific time or during a
specific period; - at least cancel in the same manner as they were entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for
himself.
- cancel at any time and not be limited to cancellation at a specific time or during a
Extension
- An agreement entered into for a fixed period and aimed at the regular delivery of products
(including electricity) or services may not be tacitly extended or renewed for a fixed period. - By way of exception to the previous paragraph, an agreement entered into for a fixed period
and aimed at the regular delivery of daily newspapers, weekly newspapers and magazines
may be tacitly extended for a fixed period of up to three months, if the consumer can cancel
this extended agreement at the end of the extension with a notice period of up to one month. - An agreement entered into for a fixed period and which provides for the regular delivery of
products or services may only be tacitly extended for an indefinite period if the consumer
may cancel at any time with a notice period of no more than one month and a notice period
of no more than three months in the event that the agreement provides for the regular, but
less than once a month, delivery of daily newspapers, news and weekly newspapers and
magazines. - An agreement with a limited duration for the regular delivery of daily, news and weekly
newspapers and magazines for the purpose of getting to know each other (trial or
introductory subscription) will not be tacitly continued and will end automatically after the trial
or introductory period.
Duration
- If an agreement has a duration of more than one year, the consumer may terminate the
agreement 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 term.
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 as referred to in Article 6 paragraph 1. In the
case of an agreement to provide a service, this period commences after the consumer has
received confirmation of the agreement. - When selling products to consumers, general terms and conditions may never stipulate an
advance payment of more than 50%. If an advance payment has been stipulated, the
consumer cannot assert any rights regarding the execution of the order or service(s) in
question before the stipulated advance payment has been made. - The consumer has the duty to report any inaccuracies in payment details 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
restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
- The entrepreneur has a sufficiently well-publicized complaints procedure and handles the
complaint in accordance with this complaints procedure. - Complaints about the performance of the agreement must be submitted to the entrepreneur
within a reasonable time, fully and clearly described, 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 foreseeable longer processing time, the
entrepreneur 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. - If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to
the dispute resolution procedure. - As of 15 February 2016, consumers in the EU can also file complaints via the European
Commission’s ODR platform. This ODR platform can be found at http://ec.europa.eu/odr . If
your complaint is not yet being handled elsewhere, you are free to file your complaint via the
European Union platform.
Article 15 – Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and
conditions apply are exclusively governed by Dutch law. - In the event of disputes, the consumer can turn to Stichting WebwinkelKeur, which will
mediate free of charge. If a solution is still not reached, the consumer has the option to have
his complaint handled by Stichting GeschilOnline, the decision of which is binding and both
the entrepreneur and the consumer agree to this binding decision.
Article 16 – Additional or deviating provisions
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.