Terms and conditions

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Articele 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 - Compliance 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 different provisions

Article 17 - Modification of online order 

 

Article 1 - Definitions.

 

In these terms and conditions, the following definitions shall apply:

 

Grace period: the period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person who is not acting in the exercise of profession or business and 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 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.

Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling 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;

Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together simultaneously in the same room.

 

Article 2 - Identity of the entrepreneur

 

America-van Sloun VOF, part of DA Drogisterij & Parfumerie 

and trading under the name DA Grime Facepaintshop 

via the websites facepaintshop.eu, facepaintshop.nl, facepaintshop.be, dagrime.nl and dagrime.be;

Located at

Kapelweg 2

6121 JB Born

The Netherlands

This is also the visiting address.

Telephone number: 046 481 03 03 (+31 46 481 03 03), available during office hours.

E-mail address: info@facepaintshop.eu

Chamber of Commerce number: 14072468

BTW-identificatienummer: NL8103.99.611.B01

 

Article 3 - Applicability

 

These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded between entrepreneur and consumer.

 

Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general conditions are available for inspection at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request.

 

If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions will 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, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.

 

In the event that in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs apply by analogy and in the event of conflicting general conditions the consumer can always rely on the applicable provision that is most favorable to him.

 

 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 a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true reflection 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 the acceptance of the offer. This concerns in particular:

 

 

The price including taxes;

 

 

any costs of delivery;

 

 

the way in which the agreement will be concluded and which actions are necessary for this;

 

 

whether or not the right of withdrawal is applicable;

 

 

the method of payment, delivery and performance of the agreement;

 

 

the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

 

 

the amount of the rate of 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 means of communication used;

 

 

whether the agreement is archived after its conclusion, and if so in what way it can be consulted by the consumer;

 

 

the way in which the consumer, before the conclusion of the agreement, can check the data provided by him in the context of the agreement and, if desired, restore them;

 

 

any languages other than Dutch in which the contract can be concluded;

 

 

the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and

 

 

the minimum duration of the distance contract in the event of an extended transaction.

 

Article 5 - The agreement

 

The agreement, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions thereby set.

 

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of 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 protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe 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, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while stating his reasons.

 

The entrepreneur will send the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:

 

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 can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;

c. the information on guarantees and existing after-sales service;

d. the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided the consumer with these data 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 case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

 

 Article 6 - Right of withdrawal

 

On delivery of products:

 

When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.

 

During the reflection 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 delivery of services:

 

When delivering services, the consumer has the option to dissolve the agreement without giving reasons for at least fourteen days, starting on the day of entering into the agreement.

 

To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and / or no later than at the time of delivery.

 

Article 7 - Costs in case of withdrawal

 

If the consumer makes use of his right of withdrawal, at most the costs of return shipment will be for his account.

 

If the consumer has paid an amount, the operator this amount as soon as possible but no later than 30 days after the return or cancellation, refund.

 

 Article 8 - Exclusion of 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 applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.

 

Exclusion of the right of withdrawal is only possible for products: 

 

a. that have been created by the entrepreneur in accordance with the consumer's specifications;

b. that are clearly personal in nature;

c. that cannot be returned due to their nature;

d. that spoil or age quickly;

e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

f. for single newspapers and magazines;

g. for audio and video recordings and computer software of which the consumer has broken the seal.

 

Exclusion of the right of withdrawal is only possible for services:

 

a. concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;

b. whose delivery has started with the express consent of the consumer before the withdrawal period has expired;

c. concerning bets and lotteries.

 

 Article 9 - The price

 

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.

 

Notwithstanding 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, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer. 

 

Price increases within 3 months after the conclusion of the contract are only allowed if they result from legal regulations or provisions.

 

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and: 

 

a. they are the result of legal regulations or provisions; or

b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.

 

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

 

 Article 10 - Compliance and Warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing statutory provisions and/or government regulations on the date the contract 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 legal rights and claims that the consumer under the agreement can assert against the entrepreneur.

 

Article 11 - Delivery and execution

 

The entrepreneur will exercise the utmost 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 provided to the company.

 

Taking into account 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 delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, 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 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 to be impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are borne by 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 representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

 

Article 12 - Duration transactions: duration, cancellation and extension

 

Termination

 

The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.

 

The consumer can terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed duration, taking into account agreed cancellation rules and a notice period of at least maximum one month.

 

The consumer can terminate the agreements referred to in the previous paragraphs:

 

cancel at any time and not be limited to cancellation at a certain time or in a certain 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 agreed for himself.

 

Extension

 

An agreement that has been entered into for a specific period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.

 

Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer refuses to accept this extended agreement. may terminate the extension with a notice period of no more than one month.

 

An agreement that has been entered into for a definite period and that extends to 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 if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

 

A limited-term agreement for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends 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 duration.

 

Article 13 - Payment

 

Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the commencement of the reflection period 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, an advance payment of more than 50% may never be stipulated in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.

 

The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.

 

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

 

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 execution 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 foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment 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 settlement procedure.

 

Article 15 - Disputes

 

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

 

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.

 

Article 17- Changing online order

 

Unfortunately, it is not possible to change anything about your order after it has been placed.