Terms of service

 

General Terms and Conditions HINTE COSMETICS
https://hintecosmetics.com

General Terms and Conditions based on the model terms of WebwinkelKeur.

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 of the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Duration Transactions: Duration, Cancellation, and Extension
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer can exercise the right of withdrawal; Read more about the cooling-off period.
2. Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract related to a series of products and/or services, where the delivery and/or performance obligation is spread over time;
5. Durable data carrier: any medium that allows the consumer or entrepreneur to store information addressed personally to them in a way that makes future consultation and unchanged reproduction of the information possible.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Model form: the model form for withdrawal provided by the entrepreneur that a consumer can fill out when they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
9. Distance contract: a contract in the context of a system organized by the entrepreneur for remote selling of products and/or services, where up to and including the conclusion of the contract, only one or more remote communication techniques are used;
10. Remote communication technique: a means that can be used to conclude a contract, without the consumer and entrepreneur being simultaneously in the same room.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

HINTE COSMETICS
PO Box 85
1270 AB Huizen
Netherlands

T (316) 817-4508
E info@hintecosmetics.com
Chamber of Commerce number: 93027591
VAT number: NL004993564B37

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every concluded distance contract and orders between entrepreneur and 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be reviewed at the entrepreneur’s location and will be sent free of charge to the consumer upon request.
3. If the distance contract is concluded electronically, the text of these general terms and conditions may be provided electronically in such a way that the consumer can store it easily on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be reviewed electronically and that they will be sent electronically or otherwise free of charge upon the consumer’s request.
4. If, in addition to these general terms and conditions, specific product or service terms are applicable, the second and third paragraphs will apply accordingly and the consumer can always invoke the provision that is most favorable to them in case of conflicting general terms and conditions.
   If one or more provisions in these general terms and conditions are wholly or partially void or invalidated at any time, the agreement and these conditions will remain in effect, and the relevant provision will be replaced immediately by a provision that most closely approximates the original intent.
5. Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
6. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 - The Offer

1. If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to modify or adapt the offer.
3. The offer contains a complete and accurate description of the offered products and/or services. The description is detailed enough to enable the consumer to make a good assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. 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 be a reason for compensation or dissolution of the agreement.
5. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
6. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with accepting the offer. This includes, in particular:
7. The price including taxes;
   Any shipping costs;
   The manner in which the agreement will be concluded and what actions are required;
   Whether or not the right of withdrawal applies;
   The method of payment, delivery, and execution of the agreement;
   The period within which the offer can be accepted or the period within which the entrepreneur guarantees the price;
   The rate for remote communication if the cost of using remote communication techniques is calculated on a basis other than the regular basic rate for the used communication means;
   Whether the agreement will be archived after its conclusion, and if so, how the consumer can access it;
   How the consumer can verify and, if desired, correct the data provided in the context of the agreement before the agreement is concluded;
   Any other languages in which, in addition to Dutch, the agreement can be concluded;
   The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically;
   The minimum duration of the distance contract in the case of a duration transaction.

Article 5 - The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.
2. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance of the offer electronically. As long as the agreement 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 secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may, within legal limits, investigate whether the consumer can meet their payment obligations, as well as any facts and factors that are important for responsibly entering into the distance agreement. If the entrepreneur has good grounds to refuse to enter into the agreement based on this investigation, they are entitled to refuse an order or request with justification or to attach special conditions to the execution.
5. The entrepreneur will provide the following information with the product or service to the consumer, either in writing or in a way that the consumer can store on a durable data carrier:
6. The visiting address of the entrepreneur's establishment where the consumer can address complaints;
   The conditions under which and the manner in which the consumer can exercise the right of withdrawal or a clear notice regarding the exclusion of the right of withdrawal;
   Information on guarantees and existing after-sales service;
   The data mentioned 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;
   The requirements for cancellation of the agreement if the agreement lasts more than one year or is of indefinite duration.
   In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
7. Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

For delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This reflection period starts the day after the consumer receives the product or a representative appointed by the consumer and known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises their right of withdrawal, they must return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, according to the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they are obliged to inform the entrepreneur within 14 days of receiving the product. This notification must be made using the model form or another communication method, such as email. After the consumer has indicated they want to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the items have been returned in time, for example, by providing proof of shipping.
4. If the consumer does not inform the entrepreneur of their intention to exercise their right of withdrawal or does not return the product within the periods mentioned in paragraphs 2 and 3, the purchase becomes final.

For delivery of services:

1. When delivering services, the consumer has the option to dissolve the agreement without giving reasons within at least 14 days, starting from the day of entering into the agreement.
2. To exercise their right of withdrawal, the consumer should follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or delivery.

Article 7 - Costs in Case of Withdrawal

1. If the consumer exercises their right of withdrawal, they will only bear the cost of returning the product. 
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 withdrawal, provided the product has already been received by the retailer or proof of complete return can be provided. Refunds will be made using the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.
3. The consumer is liable for any reduction in value of the product resulting from handling the product in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the product.
4. The consumer cannot be held liable for the reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of Right of Withdrawal

1. The entrepreneur may exclude the consumer’s right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products

• Made according to the consumer’s specifications;
• Clearly personal in nature;
• Cannot be returned due to their nature;
• Can spoil or age quickly;
• Whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
• Loose newspapers and magazines;
• Audio and video recordings and computer software whose seal has been broken by the consumer;
• Hygienic products whose seal has been broken by the consumer.

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

• Related to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or within a specific period;
• Where delivery has begun with the consumer’s explicit consent before the reflection period has expired;
• Related to betting and lotteries.

Article 9 - The Price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if these prices are tied to fluctuations in the financial market over which the entrepreneur has no influence. The link to fluctuations and the fact that any stated prices are indicative will be mentioned in the offer.
3. Price increases within 3 months of concluding the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and: They result from legal regulations or provisions; or The consumer has the right to terminate the agreement starting from the day the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of quality and/or usability, and the applicable 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. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can assert against the entrepreneur based on the agreement.
3. Legal warranty applies to all products. The duration of the legal warranty may vary based on the nature of the product.
4. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovering the defect.
5. The warranty does not apply if:

• The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or have been otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or the packaging;
• The defect is entirely or partially due to government regulations concerning the nature or quality of the materials used.

Article 11 - Delivery and Execution

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address provided by the consumer to the company.
3. Subject to the provisions mentioned in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than 30 days, unless the consumer agrees to a longer delivery time. If delivery is delayed or if an order can only be partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any mentioned times. Exceeding a deadline does not entitle the consumer to compensation.
5. In the case of dissolution according to 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.
6. If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a replacement item. This will be communicated clearly and understandably at the time of delivery. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are the responsibility of the entrepreneur.
7. The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a previously designated and known representative, unless expressly agreed otherwise.

Article 12 - Long-Term Transactions: Duration, Termination, and Extension

Termination

1. The consumer can terminate an agreement concluded for an indefinite period and which involves regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement concluded for a fixed period and which involves regular delivery of products (including electricity) or services at any time, at the end of the fixed period, observing the agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs: At any time and is not limited to termination at a specific time or during a specific period; At least in the same manner as they were entered into;
   Always with the same notice period as the entrepreneur has stipulated for themselves.

Extension

1. An agreement concluded for a fixed period and involving regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
2. Contrary to the previous paragraph, an agreement concluded for a fixed period and involving regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a fixed period of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
3. An agreement concluded for a fixed period and involving regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate it 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 involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
4. An agreement with a limited duration for regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically extended and will end automatically after the trial or introductory period.

Duration

1. 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

1. Unless agreed otherwise, the amounts owed by the consumer must be paid within 7 working days after the reflection period starts as described in Article 6, paragraph 1. In the case of an agreement for providing a service, this period starts after the consumer has received confirmation of the agreement.
2. The consumer is obligated to promptly report inaccuracies in provided or stated payment details to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge reasonable costs previously communicated to the consumer.

Article 14 - Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur within 2 months of discovering the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution scheme.
5. In case of complaints, a consumer should first contact the entrepreneur. If the web shop is a member of WebwinkelKeur and complaints cannot be resolved through mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check if this web shop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If no resolution is reached, the consumer has the option to have their complaint reviewed by an independent dispute committee appointed by WebwinkelKeur, whose decision is binding, and both the entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute committee that must be paid by the consumer. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be valid by the entrepreneur, the entrepreneur will, at their choice, either replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

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 the consumer can store them in an accessible manner on a durable medium.