TERMS AND CONDITIONS
Daniel Christian Cosmetics
Article 1 Definitions
Agreement – The contract concluded between Daniel Christian Cosmetics and the customer as part of an organized system for the distance sale of products;
Daniel Christian Cosmetics – Daniel Christian Cosmetics, established in Amsterdam, Chamber of Commerce no. 84164816.)
Cooling off period – the period within which the customer can make use of his right of withdrawal;
Customer – the party which Daniel Christian Cosmetics has entered into an agreement with.
Parties – Daniel Christian Cosmetics and Customer together.
Right of withdrawal – the possibility for the consumer to waive the distance contract within the cooling off period;
Article 2 Applicability
- These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Daniel Christian Cosmetics.
- The Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
- The Parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or other third parties.
Article 3 The offer
- If an offer has a limited duration 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. We make reasonable efforts to ensure that all details, descriptions, images and prices of the products on this Site are correct at the time the relevant information is entered into the system. However, we do not warrant – to the fullest extent permitted by law – that the product descriptions, color schemes and other content on the Site are accurate, complete, reliable, current or error-free. While we strive to keep the Site as current as possible, the information listed on this Site at any given time, including product descriptions, may not exactly match a product at the time you place an order.
- If the customer has received a sample or model of a product, he cannot derive any rights from this other than that it is an indication of the nature of the product, unless the Parties have explicitly agreed that the products be supplied conform to the sample or model.
Article 4 The Agreement
- The Agreement comes into effect, subject to the provisions in Article 3, at the time of acceptance by the Customer of the offer and the completion of the conditions set.
- If the consumer has accepted the offer electronically, Daniel Christian Cosmetics will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by Daniel Christian Cosmetics, the Customer may dissolve the agreement.
- Daniel Christian Cosmetics may – within legal frameworks – inform the Customer about his payment obligations, as well as all those facts and factors that are important for a reasonable conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the Agreement with a Customer, he is entitled to refuse an order or application or to apply special conditions to the implementation.
- Information about delivery of the product, return policy and the right of withdrawal can be found at all times on www.danielchristiancosmetics.com.
Article 5 Right of withdrawal (‘Herroepingsrecht’)
- The consumer can dissolve a contract relating to the purchase of a product during a Cooling-off period of 14 days without giving reasons. If the consumer uses his right of withdrawal, he shall notify this within the Cooling-off period by sending an email to [email address].
- The Cooling off period mentioned in 5.1 starts on the day after the product has been delivered at the by Customer provided address, or if the consumer has ordered multiple products in one order: the day on which the last product has been delivered at the by Customer provided address. Daniel Christian Cosmetics may, provided he has clearly informed the Customer about this prior to the ordering process, refuse an order for multiple products with a different delivery time.
- During the Cooling-off period the Customer will handle the product and its packaging with care. The Customer will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store. The Customer is liable for depreciation of the product resulting from a manner of handling the product that goes beyond what is permitted in this article 5.4.
- As soon as possible, but at the latest within 14 days from the day following the notification referred to in Article 5.1, the consumer shall return the product to Daniel Christian Cosmetics with all delivered accessories in original condition and packaging, and in accordance with the reasonable and clear instructions provided by Daniel Christian Cosmetics.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Customer.
- The consumer is responsible for the costs of returning the product.
- If the consumer has paid in advance, Daniel Christian Cosmetics will promptly, but within 14 days following the day on which the returned products are received by Daniel Christian Cosmetics, refund payment for the returned products to the consumer. The Customer is not entitled to reimbursement of shipping costs.
Article 6 Prices
- All prices used by Daniel Christian Cosmetics are in euros, are inclusive of VAT and exclusive of any other costs such as levies and shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
- Daniel Christian Cosmetics is entitled to adjust all prices for its products services, shown in its shop, on its website or otherwise, at any time.
- Increases in the cost prices of products or parts thereof, which Daniel Christian Cosmetics could not foresee at the time of making an offer or the conclusion of the Agreement, may give rise to price increases.
- The Customer has the right to terminate an agreement as a result of a price increase as referred to in Article 6.3, unless the increase is the result of statutory regulation.
Article 7 Delivery
- Delivery takes place while stocks last.
- The place of delivery is the address that the Customer has given to Daniel Christian Cosmetics when placing an order.
- The delivery starts once the Customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Daniel Christian Cosmetics.
- DCC will do its utmost to ship its accepted orders within the period indicated with the offer. Any delivery period specified by Daniel Christian Cosmetics is indicative and does not give the Customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
- Exceeding the specified delivery period does not entitle the Customer to compensation or the right to terminate the contract, unless Daniel Christian Cosmetics cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise. After termination in accordance with this Article 7.5, Daniel Christian Cosmetics will refund the amount paid by the consumer without delay.
- If the package of a delivered product is opened or damaged, the Customer must have a note drawn up by the delivery person before receiving the product. In the absence of which Daniel Christian Cosmetics may not be held liable for any damage.
Article 8 Payments and payment term
- The Customer is obliged to pay the full amount within 14 days after delivery of the product.
- Daniel Christian Cosmetics may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
- If the consumer does not meet his payment obligation(s) on time, he will, after being notified by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to meet his payment obligations, after the failure to pay within this 14-day period, owe the legal interest on the amount due and the entrepreneur has the right to charge extrajudicial collection costs.
- Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Daniel Christian Cosmetics having to send the customer a reminder or to put him in default.
- Daniel Christian Cosmetics remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Daniel Christian Cosmetics.
Article 9 – Complaints procedure
We do our utmost to keep all our customers satisfied. Should it be that you have a complaint about the implementation of the agreement, please let us know within a reasonable time after you have found the defects. We would like to receive a complaint that is as complete and clearly described as possible, so that we can understand your complaint and can respond properly. Your complaint will then be processed and answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, we will indicate this and give an indication of when you can expect a more detailed answer.
Article 10 Miscellaneous
- Daniel Christian Cosmetics is entitled to amend or supplement these general terms and conditions. The most recent version can always be found on www.danielchristiancosmetics.com.
- Dutch law is exclusively applicable to all agreements between the Parties. The Amsterdam court is exclusively competent in case of any disputes between Parties, unless the law prescribes otherwise.
- Every right of the customer to compensation from Daniel Christian Cosmetics shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
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