General Terms and Conditions

Index:

Article   1 – Definitions

Article   2 – Identity of the trader

Article   3 – Applicability

Article   4 – The offer

Article   5 – The contract

Article  6 – Precluding the right of withdrawal

Article  7 – The price

Article   8 – Contract fulfilment and extra guarantee

Article  9 – Supply and implementation

Article  10 – Payment

Article  11 – Retention of title

Article  12 – Intellectual Property

Article  13 – Complaints procedure

Article  14 – Disputes

Article  15 – Additional or different stipulations

Article 1 – Definitions

The following definitions apply in these terms and conditions:

1. Supplementary agreement: an agreement in which a consumer obtains products, digital content and/or services via a distance contract, and a trader or a third party delivers these products, digital content and/or services in accordance with an agreement between that third party and the trader;
2. Withdrawal period: the period within which a consumer can make use of his right of withdrawal;
3. Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
4. Buyer: consumer and/or any other party that purchases a product from trader.
5. Day: calendar day;
6. Digital content: data that are produced and supplied in digital form;
7. 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;
8. 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;
9. Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period;
10. Trader: a natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;
11. 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;
12. Model form for right of withdrawal: the European model form for right of withdrawal that is included in Appendix I of these terms and conditions. The trader is not obliged to provide Appendix I if the consumer has no right of withdrawal with regard to his order;
13. 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

Entrepreneur Name: Eternal Glow Skincare

Fattenbergstraat 9B 6191EP NEERBEEK

Contact Information: Email address: info@eternalglowskincare.com

Chamber of Commerce (KvK) number: 82429014 VAT number: NL003680200B87

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:
6. the office address of the trader’s business location where the consumer can lodge complaints;
7. 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;
8. information on guarantees and existing after-sales service;
9. 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;
10. the requirements for terminating the contract, if the duration of the contract exceeds one year or if it is indefinite;
11. if the consumer has a right of withdrawal, the model form for right of withdrawal.
12. In case of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.

Article 6 – Precluding the right of withdrawal

1. The entrepreneur has excluded her products from the right of withdrawal. This is due to the fact that her products:
   1. Spoil quickly or have a limited shelf life; and/or
   2. Are sealed products that are not suitable for return due to reasons of health protection or hygiene, and whose sealing has been broken after delivery.
2. Therefore, these products may only be returned if the sealing is still intact and the product has not been opened. In all other cases, the right of withdrawal expires.

Article 7 – 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:
5. they are the result of statutory regulations or stipulations; or
6. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
7. Prices stated in offers of products or services include VAT.

Article 8 – 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 9 – 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 10 – Payment

1. As far as no other date is stipulated in the contract or supplementary conditions, sums payable by the consumer should be paid within 14 days after commencement of the withdrawal period, or in the absence of a withdrawal period within 14 days after the conclusion of the contract. In the case of a contract to provide a service, this 14-day period starts on the day after the consumer received confirmation of the contract.
2. When selling products to consumers, the general terms and conditions may never stipulate an advance payment in excess of 50%. Where advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.
4. If a consumer fails to fulfil his payment obligation(s) in good time, after the trader has informed the consumer about the late payment, the consumer is allowed 14 days in which to fulfil the obligation to pay; if payment is not made within this 14-day period, statutory interest will be payable over the sum owed and the trader has the right to charge reasonable extrajudicial costs of collection he has incurred. These costs of collection amount to, at the most: 15% of unpaid sums up to €2,500; 10% over the next €2,500; and 5% over the next €5,000, with a minimum of €40. The trader can make departures from these sums and percentages that are favorable to the consumer.

Article 11 – Retention of Title

1. The products remain the property of the entrepreneur until full payment from the consumer is received.

Article 12 – Intellectual Property

1. The creation of the website and products of trader has required significant financial efforts. The website, products, and all its components (such as trademarks, images, texts, videos, etc.) are protected by intellectual property rights. It is not permitted to use, reproduce, or display the products or website (in whole or in part) for other purposes, particularly commercial purposes, through any medium.
2. In case of breach of the provision set forth in paragraph 1, the consumer and/or buyer shall be liable to the trader for an immediately payable penalty in the amount of €25,000, without prejudice to the trader’s right to claim damages.

Article 13 – Complaints procedure

1. The trader provides for a complaints procedure, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
2. A consumer who has discovered shortcomings in the implementation of a contract must submit any complaints to the trader without delay, in full and with clear descriptions.
3. A reply to complaints submitted to the trader will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
4. The consumer should give the trader a time period of at least 4 weeks to solve the complaint in joint consultation. After this period of time, the complaint becomes a dispute that is subject to the disputes settlement scheme.

Article 14 – Disputes

1. Contracts entered into between a trader and a consumer and which are subject to these general terms and conditions are subject only to Dutch law.
2. All disputes relating to agreements between the consumer and the trader to which these general terms and conditions apply shall be settled by the competent court in the district where the trader is domiciled.

Article 15 – Additional or different stipulations

1. Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.
2. Supplementary 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 medium.
3. If any provision of these general terms and conditions or of the underlying Agreement is wholly or partially void and/or not valid and/or enforceable, whether as a result of any legal provision, court ruling or otherwise, this shall have no effect whatsoever on the validity of all other provisions of these general terms and conditions or the underlying agreement.
4. If a provision of these general terms and conditions or the underlying Assignment/Agreement is not valid for a reason as referred to in the preceding paragraph, but would be valid if it had a more limited scope or meaning, then this provision shall, initially, automatically apply with the broadest or most extensive limited scope or meaning with which or in which it is valid.
5. The trader reserves the right to amend these general terms and conditions. The trader shall inform the consumer of any changes via email or a message on the website. The changes shall take effect 30 days after notification. If the consumer does not agree with the changes, the consumer may terminate the agreement within this period. If the consumer does not terminate the agreement, the consumer agrees to the amended general terms and conditions.