Article 1 - Definitions
Article 2 - Identity of trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Cost 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 - Duration transactions
Article 13 - Payment
Article 14 - Procedure for complaints
Article 15 - Disputes
Article 16 - Additional or different terms
Article 1 – Definitions
In these conditions, the following is meant by:
- Period of reflection: the period during which the consumer can make use of his right of withdrawal;
- Consumer: the natural person not acting in pursuit of an occupation or company who enters into a long-distance agreement with the trader;
- Day: calendar day;
- Duration transaction: a long-distance agreement with relation to a number of products and/or services of which the supply - and/or purchase obligation has been spread;
- Sustainable data carrier: every means that enables the consumer or trader to save information that has been directed to him, in such a way that future database consultation and unchanged reproduction of the saved information will be possible;
- Right of withdrawal: the possibility for the consumer to withdraw from the long-distance agreement within the period of reflection;
- Trader: the natural or legal person who offering long-distance products and/or services;
- Long-distance agreement: an agreement where within the scope of a by the trader organized system for long-distance selling of products and/or services and including the conclusion of the agreement where only one or more means for long-distance communication are being used;
- Means for long-distance communication: means which can be used for concluding a contract without the consumer and trader having met in the same room.
Article 2 – Identity of trader
Barber Brands Europe
3364 AH Sliedrecht
Email address: [email protected]
Chamber of commerce number: 60281065
BTW number: NL002245803B27
In case the activities of the trader are subject to a relevant license system: the details of the supervising authority.
In case the trader practices a regulated profession;
- The trade association he joined;
- The professional title, the place in the EU or the European Economic Area where this title has been authorized;
- A reference identifying the professional rules that apply in the Netherlands and references identifying where and how these professional rules are accessible.
Article 3 – Applicability
1. These general conditions are applicable to each of the trader’s offers and to each realized long-distance agreement between trader and consumer.
2. Prior to closing the long-distance agreement the text of these general conditions will be placed at the consumer’s disposal. In case this is in all fairness not possible, prior to closing the long-distance agreement will be mentioned that the general conditions can be looked into by the trader and that they can, at the request of the consumer, be sent free of charge as soon as possible.
3. In case the long-distance agreement will be concluded electronically, contrary to the previous section and prior to conclusion of the long-distance agreement, the text of these general conditions can be placed at the consumer’s disposal electronically in such a way that they can be saved by the consumer in a simple way on a sustainable data carrier. In case this is in all fairness not possible, prior to concluding the long-distance agreement it will be indicated where these general conditions can be noted electronically and that they will be sent free of charge at the request of the consumer electronically or in another way.
4. In case, next to these general conditions, specific product or service conditions also apply, the second and third section are applicable in the same way and the consumer can in case of conflicting general conditions appeal to the provision applicable which is most favourable for him.
Article 4 – The offer
1. In case the offer has a limited duration of validity or takes place on conditions, this will be stated explicitly in the offer.
2. The offer contains a full and accurate description of the offered products and /or services. The description has been sufficiently detailed to enable the consumer to properly judge the offer. If the trader makes use of pictures, these are true representations of the offered products and/or services. Obvious mistakes or obvious errors regarding the offer do not bind the trader.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are connected to accepting the offer.
Article 5 – The agreement
1. The agreement will be realized, subject to what has been provided in section 4, the moment the consumer accepts the offer, and meeting the requirements.
2. In case the consumer has accepted the offer via the electronic way, the trader will immediately confirm via the electronic way having received the acceptance of the offer. As long as the trader has not confirmed having received the acceptance, the consumer can cancel the agreement.
3. In case the agreement is realized electronically, the trader will take technical and organizational measures to protect the electronic transfer of data and he will provide a safe web environment. In case the consumer can pay electronically, the trader will take proper safety measures thereto.
4. The trader can – within the legal framework- ascertain whether the consumer can meet his payment requirements, as well as all the facts and factors of interest for an informed entering into the long-distance agreement. In case the trader, based on this research, has sound reasons not to enter into the agreement, he is authorized to refuse the order or only execute the order on special terms.
5. The trader will send along with the product or service to the consumer the following information, in writing or in such a way that the consumer can file this information in an accessible way on a sustainable data carrier:
a. The address of the location of the trader where the consumer can go to when he has a complaint;
b. The terms on which he and the way the consumer can make use of his right of withdrawal, or a clear statement regarding the fact that the right of withdrawal is excluded;
c. The information on guarantees and existing service after the purchase;
d. The details included in article 4 section 3 of these conditions, unless the trader already supplied these to the consumer prior to the execution of the agreement;
e. The requirements for canceling the agreement in case it has a duration of more than one year or if the duration is indefinite;
6. In case of a duration transaction the provision mentioned in the previous section only applies to the first delivery.
Article 6 – Right of withdrawal
1. When buying the products, the consumer has the possibility to cancel the agreement without stating a reason for 14 days. This period of reflection starts the day after the consumer or a representative appointed by the consumer and introduced to the trader, has received the product. During the time of reflection the consumer will handle the product as well as the packaging with care. He will only use the product or remove the packaging to such an extent that is necessary to be able to see if he wishes to keep the product. In case he wants to make use of his right of withdrawal, he will return the product with all accessories supplied and - if it is in all fairness possible – in the original state and packaging, to the trader in accordance with the reasonable and clear instructions the trader supplied.
2. When rendering services, the consumer has the possibility to cancel the agreement without stating a reason for at least 14 days, starting the day the agreement has been closed. To make use of his right of withdrawal, the consumer will conform to the by the trader supplied reasonable and clear instructions along with the offer and/or at the latest with the delivery.
Article 7 – Cost in case of withdrawal
1. In case the consumer makes use of his right of withdrawal, he will be charged no more than the cost of returning the product.
2. If the consumer has paid an amount of money the trader will pay this back as soon as possible, though within no more than 30 days after the withdrawal or the return of the product.
Article 8 – Excluding the right of withdrawal
1. The trader can exclude the right of withdrawal for as far as has been provided in section 2 and 3. The exclusion of the right of withdrawal is only valid in case the trader has stated this clearly in the offer, that is, in due-time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products
- which have been brought about according to specifications of the consumer;
- which clearly have a personal nature;
- which cannot be returned because of their nature;
- which can spoil or age quickly;
- of which the price is influenced by fluctuations on the financial market beyond the trader’s control;
- for single copies of newspapers or magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
Article 9 – the price
1. During the in the offer stated validity the prices of the offered products will not increase, except for price changes due to changes in the tax rates.
2. Contrary to the previous section the trader can offer products or services of which the prices are influenced by fluctuations on the financial market beyond the trader’s control, at variable prices. The fact that prices are under the influence of fluctuations and the fact that any prices mentioned are only indicative prices will be mentioned when offering.
3. Price increases within 3 months after realization of the agreement are only allowed if the increase is the result of valuation laws or statutory provisions.
4. Price increases from 3 months after realization of the agreement are only allowed in case the trader included this in the offer and:
a. These increases are the result of valuation laws or statutory provisions;
b. Or when the consumer is authorized to cancel the agreement the day the price increase becomes effective.
5. The in the offer mentioned that prices of products and services include taxes.
Article 10 – Conformity and guarantee
1. The trader guarantees that the products and/or services meet the requirements of the agreement, the in the offer mentioned specifications, the reasonable requirements as to reliability and/or usability and the on the date of the realization of the agreement existing statutory provisions and/or regulatory requirements. When agreed upon, the trader will also guarantee that the product is suitable for other than normal use.
2. A by the trader, manufacturer or importer provided guarantee detracts nothing from the legal rights and claims the consumer can assert based on account of the agreement towards the trader.
Article 11 – delivery and execution
1. The trader will take due care when receiving and executing orders of products and when considering requests for rendering services.
2. As place of delivery we use the address that the consumer indicated to the company.
3. With due observance of what has been stated in article 4 of the general conditions, the company will execute accepted orders with convenient speed, though at the latest within 30 days, unless a longer delivery term has been agreed upon. In case the delivery has been delayed in case an order cannot or only partly be executed, the consumer will be notified thereof, at the latest 30 days after placing the order. In that case, the consumer is authorized to cancel the agreement free of charge and is entitled to possible compensation.
4. In case of cancellation in accordance with the previous section the trader will pay back the amount the consumer paid as soon as possible, though at the latest within 30 days after cancellation.
5. In case delivery of an ordered product turns out to be impossible, the trader will make an effort to put a replacement product at their disposal. During delivery will be the latest time at which it will be stated in a clear and understandable way that a replacement will be delivered. When a product has been replaced, the right of withdrawal cannot be excluded. A possible return delivery is for the trader’s account.
6. The risk of damage and/or loss of products lies with the trader until the product has been delivered to the consumer or a representative appointed by the consumer and introduced to the trader, unless explicitly agreed upon otherwise.
Article 12 – Duration transactions
1. The consumer can cancel an agreement entered into for an indefinite period of time at any time, in due observance of all thereto agreed upon cancellation rules and a maximum term of notice of one month.
2. An agreement entered into for a definite period of time has a maximum duration of two years. In case it has been agreed upon that when the consumer keeps silent the long-distance agreement will be renewed, the agreement will go on as an agreement for an indefinite time and the term of notice will after continuing the agreement be no more than 1 month.
Article 13 – Payment
1. Unless otherwise agreed upon, the consumer needs to pay the amounts due within 14 days after the start of the period of reflection as meant in article 6 section 1. In case it concerns an agreement to render a service, this term will commence after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, the general conditions should never stipulate a prepayment of more than 50%. In case prepayment has been included, the consumer can never assert any rights regarding the execution of the order(s) or service(s) concerned before the stipulated prepayment has taken place.
3. The consumer is required to report any inaccuracy in supplied or stated payment details immediately to trader.
Article 14 Procedure for complaints
1. The trader has a procedure for complaints available which has been sufficiently made known and will deal with the complaint in accordance with this procedure for complaints.
2. Complaints regarding the execution of the agreement must in due course, fully and clearly described, be submitted to the trader, after the consumer has established the shortcomings.
3. Complaints submitted to the trader will be dealt with within a term of 14 days from the date of receipt. If a complaint needs a foreseeable longer time to deal with, the trader will confirm having received the complaint within the 14 day-term, and indicate when the consumer can expect a more elaborate answer.
Article 15 - Disputes
To agreements between the trader and the consumer connected with these general conditions, only Dutch law applies.
Article 16 - Additional or different terms
Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner.