These General Terms and Conditions of the Dutch Home Shopping Organization have been established in consultation with the Consumers' Association within the framework of the Coordination Group for Self-regulation (CZ) of the Social and Economic Council and will come into effect on January 1, 2012.
These General Terms and Conditions will be used by all members of the Dutch Home Shopping Organization, with the exception of financial services as referred to in the Financial Supervision Act and to the extent that these services are supervised by the Netherlands Authority for the Financial Markets.
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 withdrawal Article 8 - Exclusion of the right of withdrawal Article 9 - The price Article 10 - Conformity and guarantee 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:
1. Cooling-off period: the period during which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Long-term 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;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information;
6. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
7. Entrepreneur: the natural or legal person who is a member of the Dutch Home Shopping Organization and offers products and/or services to consumers from a distance;
8. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement;
9. Means of distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being physically present in the same room.
Article 2 - Identity of the entrepreneur
Name of the entrepreneur: Dudok Cosmetics B.V.,
trading under the webshop www.thespacollection.com
Business and visiting address:
Barnsteenstraat 9 1812 SE Alkmaar Netherlands
Phone number:
072 520 50 68
Availability: Monday to Friday from 9:00 AM to 5:00 PM
Email address: info@thespacollection.com
Chamber of Commerce number: 59297395
VAT identification number: NL853409821B01
Article 3 - Applicability
These general terms and conditions apply to every offer from 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, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and they will be sent to the consumer free of charge upon request. 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 it can be easily stored by the consumer 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 to the consumer free of charge by electronic means or in another manner upon request. In the event that in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
Article 4 - The offer
If an offer has a limited duration or is 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 make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur. Every 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 delivery costs;
the way in which the agreement will be concluded and which actions are necessary for this; whether or not the right of withdrawal applies;
the method of payment, delivery, and implementation of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the amount of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the used communication medium;
whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
the languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in the event of a continuous performance transaction.
Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm 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 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 he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose. The entrepreneur can, within the legal framework, inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request, giving reasons, or to attach special conditions to the execution.
The entrepreneur shall send the following information with the product or service 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 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 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 data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for 14 days. This cooling-off period starts on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and announced 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.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, he shall bear the costs of returning the goods. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described 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 time for the conclusion of the agreement.
Article 9 - The price
During the period mentioned 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.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject 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 mentioned are target prices are 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 allowed if the entrepreneur has stipulated this and:
they are the result of statutory regulations or provisions; or
the consumer has the authority to cancel the agreement before the day on which the price increase starts.
All prices stated in the provision of products or services are including VAT.
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 reliability and/or usability and the date of the conclusion of the agreement existing legal provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
Article 11 - Delivery and execution
The entrepreneur will take the greatest possible care when receiving and implementing 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. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than 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 no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount that the consumer has paid.
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 announced to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Duration transactions: duration, termination, and extension
Termination:
The consumer can 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 with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer can 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 definite period with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer can 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 in the same way as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension:
A contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a definite period.
Contrary to the previous paragraph, a contract that has been concluded for a definite period and that extends to the regular delivery of dailies, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer is able to terminate this extended agreement before the end of the extension 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 cancel it at any time with a notice period of no more than one month. The notice period is at most three months in the event that the agreement extends to the regular, but less than once a month, delivery of dailies, news, and weekly newspapers and magazines.
An agreement with limited duration to the regular delivery of dailies, news, and weekly newspapers and magazines (trial and introductory subscription) is not tacitly continued and ends automatically at the end of 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 with a notice period of no more than one month, unless reasonableness and fairness resist termination before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period as referred to in Article 6(1). In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement. In the sale of products to consumers, advance payments exceeding 50% can never be stipulated in the general terms and conditions. If an advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has taken place. The consumer is obligated to promptly notify the entrepreneur of any inaccuracies in the provided or stated payment details. In case of consumer default, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously communicated to the consumer.
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 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 mutually, a dispute arises that is subject to dispute resolution.
Article 15 - Disputes
Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 16 - Additional or Deviating Provisions
Additional or deviating provisions, other than those in these general terms and conditions, must not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.