Algemene voorwaarden

Beauty and Hair Supply (NIU Group)

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 - Consumer obligations during the cooling-off period

Article 8 - Exercise of the right of withdrawal by the consumer and associated costs

Article 9 - Obligations of the trader in the event of withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Performance and additional guarantee

Article 13 - Delivery and execution

Article 14 - Continuing performance contracts: duration, termination, and renewal

Article 15 - Payment

Article 16 - Complaints Procedure

Article 17 - Disputes

Article 18 - Governing law and competent court

Article 1 - Definitions In these terms and conditions, the following definitions apply:

Ancillary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to his trade, business, craft, or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Continuing performance contract: a contract providing for the regular supply of goods, services, and/or digital content over a specific period;
Durable medium: any instrument—including email—that enables the consumer or trader to store information addressed personally to them in a way that allows for future consultation or use for a period appropriate to the purpose for which the information is intended, and that permits the unaltered reproduction of the stored information;
Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers at a distance;
Distance contract: a contract concluded between the trader and the consumer within the framework of an organized distance sales scheme for products, digital content and/or services, where, up to and including the moment the contract is concluded, one or more means of distance communication are used exclusively or partly;
Model withdrawal form: the European model withdrawal form set out in Annex I to these terms and conditions; Annex I need not be provided if the consumer does not have a right of withdrawal in respect of their order;
Distance communication technique: a means that can be used to conclude an agreement without the consumer and the trader needing to be present in the same room at the same time.

Article 2 - Identity of the entrepreneur Entrepreneur's name:

Target Mart Trading under the name(s):

Beauty and Hair Supply (NIU Group)

Business address:

Amsterdamsestraatweg 315

3551 CH Utrecht, Netherlands

Telephone number: +31 30 2422607

Availability: Monday to Friday from 10:00 to 17:00.

Email address : info@beautyandhairsupply.nl

KvK-number: 60621583

VAT identification number: NL853986915B01

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and order placed between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the trader shall, before the distance contract is concluded, indicate how the general terms and conditions can be inspected at the trader's premises and state that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, then, notwithstanding the preceding paragraph and prior to the conclusion of the distance contract, 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 medium. If this is not reasonably possible, then prior to the conclusion of the distance contract, it shall be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge—either electronically or otherwise—at the consumer's request.
In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly; in the event of conflicting terms, the consumer may always invoke the applicable provision that is most favorable to them.

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, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind the trader.
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 delivery costs;
the manner in which the agreement will be concluded and the actions required for that purpose;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the agreement;
the period for acceptance of the offer, or the period during which the trader guarantees the price;
the rate for distance communication, where the cost of using the distance communication technology is calculated on a basis other than the standard basic rate for the means of communication used;
whether the contract is archived after its conclusion, and if so, how it can be accessed by the consumer;
the manner in which the consumer can check and, if desired, correct the data provided by him in the context of the agreement before concluding the agreement;
any other languages in which the agreement may be concluded, in addition to Dutch;
the codes of conduct to which the entrepreneur has subjected himself and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a continuing transaction.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions attached thereto.
If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer is able to make electronic payments, the entrepreneur shall observe appropriate security measures for this purpose.
Within the applicable legal framework, the trader may verify whether the consumer is able to meet their payment obligations, as well as ascertain all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the trader has valid grounds for not entering into the contract, they are entitled to refuse an order or request—providing reasons for doing so—or to attach special conditions to its execution.
The trader shall provide the consumer with the following information—either in writing or in a manner that allows the consumer to store it in an accessible way on a durable medium—along with the product or service: a. the visiting address of the trader’s establishment where the consumer can address complaints; b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information on guarantees and existing after-sales service; d. the information set out in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer prior to the performance of the agreement;
Every agreement is entered into subject to the condition precedent of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

Products:

Withdrawal period: The consumer has the right to cancel the agreement regarding the purchase of a product within a period of 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal but cannot require the consumer to provide such reasons.

Start date of the withdrawal period: The withdrawal period begins on the day after the product is received by the consumer or a third party designated by the consumer, other than the carrier. In the case of multiple products in the same order, the period begins on the day after the last product is received.

For services and digital content:

Withdrawal period: The consumer has the right to cancel a service contract and a contract for the supply of digital content not supplied on a tangible medium within 14 days without giving any reason.

Start date of the withdrawal period: The withdrawal period begins on the day after the conclusion of the agreement.

Extension of the withdrawal period:

Failure to provide legally required information: If the trader does not provide the consumer with the legally required information regarding the right of withdrawal in a timely manner, the withdrawal period expires twelve months after the end of the original withdrawal period.

Upon provision of information within twelve months: If the trader provides the required information within twelve months of the start of the original withdrawal period, the withdrawal period ends 14 days after the consumer receives this information.

Article 7 - Obligations of the consumer during the withdrawal period

Handling of products: During the withdrawal period, the consumer shall handle the product and the packaging with care, and shall only unpack or use the product to the extent necessary to establish its nature, characteristics, and functioning.
Liability: The consumer is liable only for any depreciation of the product resulting from handling that goes beyond what is permitted under paragraph 1.
Liability exception: The consumer is not liable for any depreciation in the value of the product if the trader has not provided all legally required information regarding the right of withdrawal before or at the time of the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof

If the consumer exercises their right of withdrawal, they notify the trader of this within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.
The consumer shall return the product, or hand it over to the trader (or a person authorized by the trader), as soon as possible but within 14 days of the day following the notification referred to in paragraph 1. This requirement does not apply if the trader has offered to collect the product personally. The consumer is deemed to have complied with the return period if the product is returned before the cooling-off period has expired.
The consumer returns the product with all supplied accessories, in its original condition and packaging if reasonably possible, and in accordance with the reasonable and clear instructions provided by the trader.
The risk and burden of proof regarding the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product. If the trader has not informed the consumer that they must bear these costs, or if the trader indicates that they will bear the costs themselves, the consumer is not required to bear the return costs.
If the consumer exercises the right of withdrawal after having first expressly requested that the performance of the service, or the supply of gas, water, or electricity not put up for sale in a limited volume or set quantity, begin during the cooling-off period, the consumer shall owe the trader an amount proportionate to the part of the obligation performed by the trader at the time of withdrawal, in comparison with the full performance of the obligation.
The consumer shall not bear any costs for the performance of services or the supply of water, gas, or electricity—where these have not been put up for sale in a limited volume or quantity—or for the supply of district heating, if:
a. the trader has not provided the consumer with the legally required information regarding the right of withdrawal, the reimbursement of costs upon withdrawal, or the model withdrawal form, or;
b. the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.
The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium, if:
a. heeft niet, prior to its delivery, expressly consented to the commencement of the performance of the agreement before the end of the cooling-off period;
b. he has not acknowledged that he loses his right of withdrawal upon granting his consent; or
c. The trader failed to confirm this statement from the consumer.
If the consumer exercises their right of withdrawal, all ancillary agreements are automatically terminated.

Article 9 - Obligations of the trader in the event of withdrawal
1. If the trader enables the consumer to submit the notice of withdrawal electronically, he shall send an acknowledgement of receipt without delay upon receiving such notice.
2. The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay but no later than 14 days following the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product himself, he may withhold reimbursement until he has received the product or until the consumer has demonstrated that he has sent the product back, whichever occurs first.
3. The trader uses the same means of payment for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader is not required to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:
1. Products or services the price of which depends on fluctuations in the financial market that the trader cannot control and which may occur within the withdrawal period.
2. Agreements concluded during a public auction. A public auction is defined as a method of sale in which products, digital content, and/or services are offered by the trader to the consumer—who is personally present or is given the opportunity to be personally present at the auction—under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
3. Service contracts, following full performance of the service, but only if:
a. the performance has commenced with the express prior consent of the consumer; and
b. the consumer has acknowledged that he loses his right of withdrawal once the trader has fully performed the contract;
4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for the carriage of persons;
5. Service contracts for the provision of accommodation, where the contract specifies a particular date or period of performance and other than for residential purposes, the transport of goods, car rental services, and catering;
6. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
7. Products manufactured according to the consumer's specifications, which are not prefabricated and are made based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;
8. Products that perish quickly or have a limited shelf life;
9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products which, by their nature, are inseparably mixed with other products after delivery;
11. Alcoholic beverages where the price has been agreed upon at the conclusion of the contract, but where delivery can only take place after 30 days, and where the actual value depends on market fluctuations over which the trader has no control;
12. Sealed audio or video recordings and computer software, the seal of which has been broken after delivery;
13. Newspapers, periodicals, or magazines, excluding subscriptions to them;
14. The supply of digital content other than on a tangible medium, but only if:
a. the performance has commenced with the express prior consent of the consumer; and
b. The consumer has declared that he thereby loses his right of withdrawal.

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 resulting from changes in VAT rates.
2. Notwithstanding the preceding paragraph, the trader may offer products or services at variable prices if their prices are subject to fluctuations in the financial market over which the trader has no influence. The fact that prices are subject to such fluctuations, and that any prices stated are indicative, shall be mentioned in the offer.
3. Price increases within three months of the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of statutory regulations or provisions; or

5.the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

6.The prices stated in the offer of products or services include VAT.

Article 12 - Performance of the agreement and additional guarantee
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory 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 use other than normal use.
2. Any additional warranty provided by the trader, their supplier, the manufacturer, or the importer never limits the statutory rights and claims that the consumer may assert against the trader under the agreement in the event that the trader has failed to fulfill their part of the agreement.
3. "Additional guarantee" is understood to mean any undertaking by the trader, their supplier, importer, or producer, whereby they grant the consumer specific rights or claims that go beyond what is legally required in the event of a failure to perform their part of the agreement.

Article 13 - Delivery and performance
1. The entrepreneur shall exercise the greatest possible 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 communicated to the trader.
3. Subject to the provisions of Article 4 of these General Terms and Conditions, the entrepreneur shall execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled in part, the consumer shall be notified of this no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement without cost and is entitled to any applicable compensation.
4. Following dissolution in accordance with the preceding paragraph, the trader shall refund the amount paid by the consumer without delay.
5. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 14 - Continuing performance contracts: duration, termination, and renewal

Cancellation:
1. The consumer may at any time terminate an agreement concluded for an indefinite period that provides for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may, regarding the agreements referred to in the preceding paragraphs:
a. terminate at any time and not be limited to termination at a specific time or during a specific period;
b. at the very least terminate in the same manner as they were entered into by him;
c. always terminate subject to the same notice period that the business operator has stipulated for themselves.
Extension:
4. A fixed-term agreement for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
5. Notwithstanding the preceding paragraph, a fixed-term contract for the regular delivery of daily newspapers, news sheets, weekly newspapers, and magazines may be tacitly extended for a fixed period of no more than three months, provided that the consumer can terminate the extended contract at the end of the extension period subject to a notice period of no more than one month.
6. A fixed-term contract for the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer is permitted to terminate the contract at any time, subject to a notice period of no more than one month. The notice period is a maximum of three months if the contract concerns the regular supply—albeit less frequently than once a month—of daily newspapers, news sheets, weekly newspapers, and magazines.
7. A fixed-term agreement for the regular delivery of daily newspapers, news publications, weekly papers, and magazines for introductory purposes (trial or introductory subscription) is not automatically renewed and terminates automatically upon the expiry of the trial or introductory period.
Duration:
8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year, subject to a notice period of no more than one month, unless principles of reasonableness and fairness preclude termination prior to the end of the agreed term.

Article 15 - Payment
1. Unless otherwise stipulated in the agreement or supplementary terms and conditions, amounts owed by the consumer must be paid within 14 days of the commencement of the cooling-off period, or—in the absence of a cooling-off period—within 14 days of the conclusion of the agreement. In the case of an agreement for the provision of a service, this period commences on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be required by the general terms and conditions to make an advance payment exceeding 50%. Where an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.
3. The consumer is obliged to notify the trader without delay of any inaccuracies in the payment details provided or stated.
4. If the consumer fails to meet their payment obligation(s) on time, and—after being notified of the late payment by the trader and granted a period of 14 days (commencing the day after receipt of the reminder) to settle the outstanding amount—still fails to pay within this 14-day period, the consumer shall owe statutory interest on the outstanding amount, and the trader shall be entitled to charge any extrajudicial collection costs incurred. These collection costs are subject to the following maximums: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the subsequent €5,000, subject to a minimum of €40. The trader may deviate from the aforementioned amounts and percentages to the consumer's advantage.

Article 16 - Complaints Procedure
1. The entrepreneur has a sufficiently publicized complaints procedure in place and handles the complaint in accordance with this procedure.
2. Complaints regarding the performance of the agreement must be submitted to the entrepreneur, fully and clearly described, within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. A complaint regarding a product, service, or the entrepreneur's service may also be submitted via a complaint form on the consumer page of the Thuiswinkel.org website (www.thuiswinkel.org). The complaint will then be sent to both the relevant entrepreneur and Thuiswinkel.org.
5. The consumer must allow the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution scheme.

Article 17 - Disputes

1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.

2. Sometimes things do not go exactly as planned.

3. We recommend that you first make any complaints known to us by emailing customerservice@beautyandhairsupply.nl.

4. As of 15 February 2016, consumers in the EU can also submit complaints via the European Commission’s ODR platform.

5.This ODR platform can be found at https://ec.europa.eu/consumers/odr/main/?event=main.consumer.rights#inline-nav-2.

6. If your complaint is not already being handled elsewhere, you are free to submit it via the European Union platform.

Beauty and Hair Supply (NIU Group)
Please quote your order number
Amsterdamsestraatweg 315
3551 CH, Utrecht

Article 18 – Applicable law and competent court

18.1 Dutch law applies exclusively to all offers, quotations, agreements, and these General Terms and Conditions of Delivery.

18.2 All disputes arising from or in connection with offers, quotations, agreements, and/or these General Terms and Conditions of Delivery shall be submitted exclusively to the competent court in Rotterdam, the Netherlands.