Terms & Conditions
Index:
Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Customers’ obligations in case of withdrawal
Article 8 – Customers who exercise their right of withdrawal and the costs
involved
Article 9 – Traders’ obligations in case of withdrawal
Article 10 – Precluding the right of withdrawal
Article 11 – The price
Article 12 – Contract fulfilment and extra guarantee
Article 13 – Delivery and implementation
Article 14 – Extended duration transactions: duration, termination and
prolongation
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or different stipulations
Article 1 – Definitions
The following definitions apply in these terms and conditions:
1. Withdrawal period: the period within which a consumer can make use of his
right of withdrawal;
2. Consumer: a natural person whose actions are not carried out for objectives
relating to the course of a trade, a profession or a business;
3. Day: calendar day;
4. Digital content: data that are produced and supplied in digital form;
5. Extended duration transaction: a distance contract relating to a series of
products and/or services, whereby the obligation to supply and/or purchase is
spread over a period of time;
6. Durable medium: every means – including emails – that enables a consumer or
trader to store information that is addressed to him in person in a way that
facilitates its future use or consultation during a period that is in keeping
with the objective for which the information is intended, and which facilitates
the unaltered reproduction of the stored information;
7. Right of withdrawal: the possibility for a consumer to waive a distance
contract within the withdrawal period;
8. Trader: a natural or legal person who is a member of BIOhaircolor.com and
who offers products, (access to) digital content and/or services to consumers
from a distance;
9. Distance contract: a contract concluded between a trader and a consumer
within the framework of system organized for the distance sale of products,
digital content and/or services, whereby sole or partly use is made of one or
more techniques for distance communication up to and including the moment that
the contract is concluded;
10. Technique for distance communication: means that can be used for
communication regarding the offer made by the trader and concluding a contract,
without the necessity of the consumer and trader being in the same place at the
same time.
Article 2 – Identity of the trader
NAME
TRADER: NATRA
Registered
address:
Zilvermeeuw 25
6988 CH Lathum (Holland)
Telephone number and time(s) at which we can be contacted:
Tel 1: +31-313-437861 (09:00-21:00 uur)
Tel 2: +31-6 22 333 235 (09:00-21:00 uur)
E-mail address: info@biohaircolor.com
Webshop: www.biohaircolor.com
Chamber of Commerce number: 09155010
VAT-identification number: NL220063473B01
Article 3 – Applicability
1. These general terms and conditions apply to every offer made by a trader
and to every distance contract that has been realized between an trader and a
consumer.
2. Prior to the conclusion of a distance contract, the text of these general
terms and conditions will be made available to the consumer. If this is not
reasonably possible, the trader will indicate, before the distance contract is
concluded, in what way the general terms and conditions are available for
inspection at the trader’s premises and that they will be sent free of charge
to the consumer, as quickly as possible, at the consumer’s request.
3. If the distance contract is concluded electronically, then, contrary to the
previous paragraph, and before the distance contract is concluded, the consumer
will be provided with the text of these general terms and conditions
electronically, in such a way that the consumer can easily store them on a durable
data carrier. If this is not reasonably possible, then before concluding the
distance contract, the trader will indicate where the general terms and
conditions can be inspected electronically and that at his request they will be
sent to the consumer free of charge, either electronically or in some other
way.
4. In cases where specific product or service-related terms and conditions
apply in addition to these general terms and conditions, the second and third
paragraphs apply by analogy and the consumer can always invoke the applicable
condition that is most favorable to him in the event of incompatible general
terms and conditions.
Article 4 – The offer
1. If an offer is subject to a limited period of validity or is made subject
to conditions, this will be explicitly mentioned in the offer.
2. The offer contains a complete and accurate description of the products,
digital content and/or services being offered. The description is sufficiently
detailed to enable the consumer to make a proper assessment of the offer. If
the trader makes use of illustrations, these will be a true representation of
the products and/or services being offered. The trader is not bound by obvious
errors or mistakes in the offer.
3. Every offer contains information that makes it clear to the consumer what
rights and obligations are related to the acceptance of the offer.
Article 5 – The contract
1. The contract will be concluded, subject to that which is stipulated in
paragraph 4, at the moment at which the consumer accepts the offer and the
conditions thereby stipulated have been fulfilled.
2. If the consumer has accepted the offer electronically, the trader will
immediately confirm receipt of acceptance of the offer electronically. The
consumer can dissolve the contract as long as this acceptance has not been
confirmed by the trader.
3. If the contract is concluded electronically, the trader will take suitable
technical and organizational measures to secure the electronic transfer of data
and he will ensure a safe web environment. If the consumer is able to pay
electronically, the trader will take suitable security measures.
4. The trader may obtain information – within statutory frameworks – about the
consumer’s ability to fulfill his payment obligations, as well as about facts
and factors that are important for the responsible conclusion of the distance
contract. If that research gives the trader proper grounds for declining to
conclude the contract, then he has a right, supported by reasons, to reject an
order or application or to bind its implementation to special conditions.
5. The trader will send to a consumer, at the latest when delivering a product,
service or digital content, the following information, in writing, or in such a
way that the consumer can store it on an accessible durable medium:
a. the office address of the trader’s business location where the consumer can
lodge complaints;
b. the conditions under which the consumer can make use of the right of
withdrawal and the method for doing so, or a clear statement relating to
preclusion from the right of withdrawal;
c. information on guarantees and existing after-sales service;
d. the price, including all taxes on the product, service or digital content;
the costs of delivery insofar as applicable, and the method of payment,
delivery or implementing the distance contract;
e. the requirements for terminating the contract, if the duration of the
contract exceeds one year or if it is indefinite;
f. if the consumer has a right of withdrawal, the model form for right of withdrawal.
Article 6 – Right of withdrawal
Upon delivery of products
1. When purchasing products, a consumer has the right to dissolve a contract,
without giving reasons, during a period of at least 14 days. The trader is
allowed to ask a consumer for the reason of this dissolution, but the consumer
is under no obligation to state his/her reason(s).
2. The period stipulated in para. 1 commences on the day after the product was
received by the consumer, or a third party designated by the consumer, who is
not the transporting party, or:
a. if the consumer has ordered several products: the day on which the consumer,
or a third party
designated by the consumer, received the last product. The trader may refuse a
single order for several products with different delivery dates, provided he
clearly informed the consumer of this prior to the ordering process.
b. if the delivery of a product involves different deliveries or parts: the day
on which the consumer, or a third party designated by the consumer, received
the last delivery or the last part;
Article 7 – Consumers’ obligations during the withdrawal period
1. During the withdrawal period, the consumer shall treat the product and
its packaging with care. He shall only unpack or use the product in as far as
necessary in order to assess the nature, characteristics and efficacy of the
product. The point of departure here is that the consumer may only handle and
inspect the product in the same way that he would be allowed in a shop.
2. The consumer is only liable for the product’s devaluation that is a
consequence of his handling the product other than as permitted in para. 1.
Article 8 – Consumers who exercise their right of withdrawal and the costs involved
1. A consumer who wants to exercise his right of withdrawal shall report
this to the trader, within the withdrawal period, by means of the model form
for right of withdrawal or in some other unequivocal way.
2. As quickly as possible, but no later than 14 days after the day of reporting
as referred to in para. 1, the consumer shall return the product, or hand it
over to (a representative of) the trader. This is not necessary if the trader
has offered to collect the product himself. The consumer will in any case have
complied with the time for returning goods if he sends the product back before
the withdrawal period has lapsed.
3. The consumer returns the product with all relevant accessories, if
reasonably possible in the original state and packaging, and in accordance with
the reasonable and clear instructions provided by the trader.
4. The risk and the burden of proof for exercising the right of withdrawal
correctly and in time rest upon the consumer.
5. The consumer bears the direct costs of returning the product. If the trader
has not declared that the consumer shall bear these costs or if the trader
indicates a willingness to bear these costs himself, then the consumer shall
not be liable to bear the costs of returning goods.
6. If the consumer exercises his right of withdrawal, after first explicitly
having asked that the service provided or the delivery of gas, water or
electricity not prepared for sale shall be implemented in a limited volume or a
given quantity during the period of withdrawal, the consumer shall owe the
trader a sum of money that is equivalent to that proportion of the contract
that the trader has fulfilled at the moment of withdrawal, in comparison with
fulfilling the contract entirely.
7. The consumer shall bear no costs for implementing services or the supply of
water, gas or electricity not prepared for sale – in a limited volume or
quantity – or for delivering city central heating, if:
a. the trader did not provide the consumer with the statutorily obligatory
information about the right of withdrawal, the costs payable in the event of
withdrawal or the model form for right of withdrawal, or:
b. the consumer did not explicitly ask about the commencement of implementing
the service or the delivery of gas, water, electricity or city central heating
during the period of withdrawal.
8. The consumer shall bear no costs for the entire or partial supply of digital
content that is not supplied on a material medium, if:
a. prior to delivery, he did not explicitly agree to commencing fulfilment of
the contract before the end of the period of withdrawal;
b. he did not acknowledge having lost his right of withdrawal upon granting his
permission; or
c. the trader neglected to confirm this statement made by the consumer.
9. If a consumer exercises his right of withdrawal, all supplementary
agreements are legally dissolved.
Article 9 – Traders’ obligations in a case of withdrawal
1. If the trader makes it possible for a consumer to declare his withdrawal
via electronic means, then after receiving such a declaration, he sends
immediate confirmation of receipt.
2. The trader reimburses the consumer immediately with all payments, including
any delivery costs the trader charged for the returned product, though at the
latest within 14 days after the day on which the consumer reported the
withdrawal. Except in cases in which the trader has offered to retrieve the
product himself, he can postpone refunding until he has received the product or
until the consumer proves he has returned the product, depending on which
occurs earlier.
3. For any reimbursement, the trader will use the same payment method that was
initially used by the consumer, unless the consumer agrees to another method.
Reimbursement is free of charge for the consumer.
4. If the consumer chose an expensive method of delivery in preference to the
cheapest standard delivery, the trader does not have to refund the additional
costs of the more expensive method.
Article 10 – Precluding the right of withdrawal
The trader can preclude the right of withdrawal for the following products
and services, but only if the trader stated this clearly when making the offer,
or at least in good time prior to conclusion of the contract:
1. Products or services whose prices are subject to fluctuations on the
financial market over which the trader has no influence and which can occur
within the period of withdrawal;
2. Contracts concluded during a public auction. A public auction is defined as
a sales method whereby a trader offers products, digital content and/or
services at an auction, under the directions of an auctioneer, and whereby the
successful purchaser is obliged to purchase the products, digital content
and/or services;
3. Service contracts, after full completion of the service, but only if:
a. implementation started with the explicit prior agreement of the consumer;
and
b. the consumer declared having lost his right or withdrawal as soon as the
trader had completed the contract in full;
4. Package travels, package holidays and package tours as referred to in
article 7:500 BW and contracts on passenger transport;
5. Service contracts providing access to accommodation, if the contract already
stipulates a certain date or period of implementation and other than for the
purpose of accommodation, the transport of goods, car rental services and
catering;
6. Contracts relating to leisure activities, if the contract already stipulates
a certain date or period of implementation;
7. Products manufactured according to the consumer’s specifications, which were
not prefabricated and were made based on a consumer’s specific choice or
decision, or which are clearly intended for a specific person;
8. Products subject to rapid decay or with a limited shelf-life;
9. Sealed products that, for reasons relating to the protection of health or
hygiene, are unsuited to returning and whose seal was broken subsequent to
delivery;
10. Products that, due to their nature, have been irretrievably mixed with
other products;
11. Alcoholic drinks whose price was agreed when concluding the contract, but
the delivery of which can only take place after 30 days, and the actual value
of which depends on market fluctuations over which the trader has no influence;
12. Sealed audio/video-recordings and computer apparatus whose seal was broken
after delivery;
13. The delivery of digital content other than on a material medium, but only
if:
a. the delivery commenced with the consumer’s explicit prior agreement, and
b. the consumer declared that this implied his having lost his right of
withdrawal.
Article 11 – The price
1. During the period of validity indicated in the offer, the prices of the
products and/or services being offered will not be increased, except for price
changes in VAT-tariffs.
2. Contrary to the previous paragraph, the trader may offer products or
services at variable prices, in cases where these prices are subject to
fluctuations in the financial market over which the trader has no influence.
The offer must refer to this link with fluctuations and the fact that any
prices mentioned are recommended prices.
3. Price increases within 3 months after the contract was concluded are only
permitted if they are the result of statutory regulations or stipulations.
4. Price increases more than 3 months after the contract was concluded are only
permitted if the trader stipulated as much and:
a. they are the result of statutory regulations or stipulations; or
b. the consumer is authorized to terminate the contract on the day on which the
price increase takes effect.
5. Prices stated in offers of products or services include VAT.
Article 12 – Contract fulfilment and extra guarantee
1. The trader guarantees that the products and/or services fulfill the
contract, the specifications stated in the offer, the reasonable requirements
of reliability and/or serviceability and the statutory stipulations and/or
government regulations that existed on the date that the contract was
concluded. If agreed the trader also guarantees that the product is suited for
other than normal designation.
2. An extra guarantee arrangement offered by the trader, manufacturer or
importer can never affect the statutory rights and claims that a consumer can
enforce against the trader on the grounds of the contract if the trader failed
to fulfil his part in the contract.
3. An extra guarantee is defined as every commitment of a trader, his supplier,
importer or manufacturer that grants a consumer rights or claims, in excess of
those provided by law, for the event that he fails to fulfil his part in the
contract.
Article 13 – Supply and implementation
1. The trader will take the greatest possible care when receiving and
implementing orders for products and when assessing applications for the
provision of services.
2. The place of delivery is deemed to be the address that the consumer makes
known to the company.
3. Taking into consideration that which is stated in article 4 of these general
terms and conditions, the company will implement accepted orders with efficient
expedition, though at the latest within 30 days, unless a different period of
delivery has been agreed. If delivery suffers a delay, or if the delivery
cannot be implemented, or only partially, the consumer will be informed about
this at the latest 30 days after the order was placed. In this case, the
consumer has a right to dissolve the contract free of charge and a right to
possible damages.
4. Following dissolution in accordance with the previous paragraph, the trader
refunds the consumer immediately the sum he had paid.
5. The risk of damage and/or loss of products rests upon the trader up to the
moment of delivery to the consumer or a representative previous designated by
the consumer and announced to the trader, unless this has explicitly been
agreed otherwise.
Article 14 – Extended duration transactions: duration, termination and prolongation
Termination
1. The consumer has a right at all times to terminate an open-ended contract
that was concluded for the regular supply of products (including electricity)
or services, subject to the agreed ter
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