General terms and conditions The CleanSkin Label BV

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 right of withdrawal

Article 9 - The price

Article 10 - Conformity and guarantee

Article 11 - Delivery and execution

Article 12 – Payment

Article 13 – Force majeure

Article 14 - Privacy

Article 15 - Complaints procedure

Article 16 - Disputes

Article 17 - Additional or deviating provisions

 

 

 

Article 1 - Definitions

 

  1. Reflection period: the period within which the consumer can make use of 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. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
  5. Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
  6. Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal.
  7. Entrepreneur: the legal entity Th CleanSkin Label bv that offers products to consumers at a distance;
  8. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products, up to and including the conclusion of the contract, use is made of one or more techniques for distance communication;
  9. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur coming together in the same room at the same time.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
 

 

Article 2 - Identity Entrepreneur;

 

The CleanSkin Label BV

Rijnpoortvest 4

2000 Antwerp

 

Phone number: +32 478 43 17 61

Email address: thecleanskinlabel@outlook.com

VAT identification number: BE0785.877.271

                                                

Article 3 – Applicability

 

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between the entrepreneur and the consumer.
  2. 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 can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, contrary to 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 can be easily stored 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 they will be sent free of charge at the request of the consumer electronically or otherwise.
  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 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. is.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are nullified, the agreement and these terms and conditions will otherwise remain in effect and the provision in question will be immediately replaced in mutual consultation by a provision that has the purport of of the original as closely as possible.
  6. Situations not regulated in these terms and conditions must be assessed 'in the spirit' of these terms and conditions.
  7. Uncertainties about the explanation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these terms and conditions.

 

Article 4 - The offer

 

  1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
  3. The offer contains a complete and accurate description of the products 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 representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
  5. Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  6. 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 shipping costs;
  •   the way in which the agreement will be concluded and which actions are required for this;
  •   whether or not the right of withdrawal applies;
  •   the method of payment, delivery and performance of the agreement;

 

 

Article 5 - The agreement

 

  1. 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 corresponding conditions.
  2. 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.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can - 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 reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
  5. The entrepreneur must provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
  6. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
  7. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  8. the information about guarantees;
  9. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  10. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration.

 

 

Article 6 – Right of withdrawal

 

Upon delivery of products:

 

  1.   When purchasing a product, the consumer has the option of returning the product without giving any reason during 14 days. This cooling-off period starts 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.
  2.   During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack the product to the extent necessary to assess whether he wishes to keep the product. The product itself must not be opened. If he makes use of 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. The seal must not have been broken.
  3.   If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of dispatch.
  4.   If the customer has not made it known after the expiry of the periods referred to in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal resp. has not returned the product to the entrepreneur, the purchase is a fact.

.

 

Article 7 - Costs in case of withdrawal

 

  1. If the consumer makes use of his right of withdrawal, the costs of return will be borne at most.
  2. 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. This is subject to the condition that the product has already been received back by the entrepreneur.

 

Article 8 - Exclusion right of withdrawal

 

  1. The right of withdrawal does not apply to products where the consumer has broken the seal.

 

Article 9 - The price

 

  1. During the period that the order has been placed and the final delivery has taken place, the prices of the products offered may not be increased, except for price changes due to changes in VAT rates.
  2. The prices stated in the range of products include VAT.
  3. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

 

 

Article 10 - Conformity and Warranty

 

  1. The entrepreneur guarantees that the products meet the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 5 days after delivery. Return of the products must take place in the original packaging, in new condition where the seal may not have been broken.
  3. The warranty does not apply if:
  • The consumer has processed the delivered products himself or by third parties, and/or the seal has been broken;
  • The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or have been treated in violation of the instructions of the entrepreneur and/or on the packaging.

 

 

Article 11 - Delivery and execution

 

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products.
  2. The place of delivery is the delivery address that the consumer has made known to the company.
  3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders as soon as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, 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 without costs. The consumer is not entitled to compensation.
  4. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
  5. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
  6. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

 

 

Article 12 – Payment

 

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid prior to delivery, when the order is recorded.
  2. The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
  3. 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 13 – Force majeure

 

  1. The entrepreneur is not obliged to fulfill any obligation towards the consumer if he is prevented from doing so as a result of a circumstance that is not due to fault, and is not for his account under the law, a legal act or generally accepted views. .

In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard by law and jurisprudence, all external causes, foreseen or unforeseen, which the entrepreneur cannot influence, but as a result of which the entrepreneur is unable to fulfill his obligations. come. This includes strikes in the company of the entrepreneur or third parties. The entrepreneur also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after the entrepreneur should have fulfilled his obligation.
The entrepreneur can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, then each of the parties is entitled to dissolve the agreement, without any obligation to pay damages to the other party.
Insofar as the entrepreneur has already partially fulfilled his obligations under the agreement at the time of the occurrence of force majeure or will be able to fulfill them, and the fulfilled or to be fulfilled part has independent value, the entrepreneur is entitled to will be invoiced separately. The consumer is obliged to pay this invoice as if it were a separate agreement.
  

 

 

Article 14 – Privacy

 

  1. The entrepreneur respects the privacy of the consumer. The entrepreneur will process the personal data of the consumer in accordance with the applicable privacy regulations.

 

 

Article 15 – Complaints procedure

 

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days 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 notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
In the event of complaints, a consumer should first of all turn to the entrepreneur. In the event of complaints that cannot be resolved in mutual consultation, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution has not yet been reached, the consumer has the option of having his complaint handled by Stichting GeschilOnline (www.geschilonline.com), the decision of which is binding and both entrepreneur and consumer agree with this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.

We recommend that you first make complaints known to us by emailing thecleanskinlabel@outlook.com. If this does not lead to a solution, it is possible to register your dispute for mediation via Stichting WebwinkelKeur. From 15 February 2016 it is also possible for consumers in the EU to register complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr . If your complaint is not yet being processed elsewhere, you are free to deposit your complaint via the platform of the European Union.
 

 

 

Article 16 – Disputes

 

  1. Only Belgian law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
  2. The Vienna Sales Convention does not apply.
  3. Parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.