Article 1 - Definitions

In these terms and conditions, the following definitions apply:

• Supplementary Agreement: An agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these items, digital content, and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur.

• Cooling-off Period: The period within which the consumer can exercise their right of withdrawal.

• Consumer: A natural person who is not acting for purposes related to their trade, business, craft, or professional activity.

• Day: Calendar day.

• Digital Content: Data that is produced and supplied in digital form.

• Continuous Performance Contract: An agreement aimed at the regular delivery of goods, services, and/or digital content over a certain period.

• Durable Data Carrier: Any tool, including email, that allows the consumer or entrepreneur to store information addressed to them personally in a way that makes future consultation or use possible during a period that is appropriate for the purpose for which the information is intended, and that allows unaltered reproduction of the stored information.

• Right of Withdrawal: The option for the consumer to withdraw from the distance contract within the cooling-off period.

• Entrepreneur: A natural or legal person who offers products, (access to) digital content, and/or services remotely to consumers.

• Distance Contract: An agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby exclusive or additional use is made of one or more means of distance communication up to and including the conclusion of the agreement.

• Model Withdrawal Form: The European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer has no right of withdrawal regarding their order.

• Means of Distance Communication: A method that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously in the same physical space.

 

Article 2 - Identity of the Entrepreneur

• Name of entrepreneur: Barbershop de Valk

• Address: Schoutenstraat 4, 3771 CJ Barneveld, The Netherlands

• Trade name of entrepreneur: Barniecosmetics

 

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be reviewed at the entrepreneur’s premises and that they will be sent free of charge as soon as possible upon the consumer’s request.

If the distance contract is concluded electronically, the text of these general terms and conditions may be provided electronically to the consumer in such a way that they can be easily stored on a durable data carrier. If this is not reasonably possible, the entrepreneur will indicate where the terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge upon the consumer’s request.

If specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs of this article apply by analogy, and in case of conflicting terms, the consumer can always invoke the applicable provision that is most favorable to them.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly mentioned in the offer.

The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a true representation of the offered products, services, and/or digital content. Apparent mistakes or errors in the offer do not bind the entrepreneur.

Every offer includes information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the stipulated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may, within legal frameworks, investigate whether the consumer can fulfill their payment obligations, as well as all facts and factors relevant to responsibly entering into a distance contract. If the entrepreneur has good reasons, based on this investigation, not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The entrepreneur will include the following information, in writing or in a way that allows the consumer to store it on a durable data carrier, with the product, service, or digital content at the latest upon delivery:

1. The address of the entrepreneur’s establishment where the consumer can submit complaints.

2. The conditions and how the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.

3. Information about guarantees and existing after-sales services.

4. The price, including all taxes, of the product, service, or digital content; the delivery costs if applicable; and the method of payment, delivery, or execution of the distance contract.

5. The requirements for terminating the agreement if the agreement is of indefinite duration or has a duration of more than one year.

6. The model withdrawal form if the consumer has a right of withdrawal.

 

Article 9 - Obligations of the Entrepreneur in Case of Withdrawal

1. If the entrepreneur enables the notification of withdrawal by the consumer via electronic means, the entrepreneur will promptly confirm receipt of this notification.

2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay and within 14 days following the day on which the consumer informs the entrepreneur of the withdrawal. Unless the entrepreneur offers to collect the product, they may withhold the reimbursement until they have received the product or the consumer has provided evidence of having sent it back, whichever comes first.

3. The entrepreneur will use the same payment method for the refund as was used by the consumer, unless the consumer agrees to another method. The reimbursement will be free of charge for the consumer.

4. If the consumer opted for a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the Right of Withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, or at least in time for the conclusion of the agreement:

1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period.

2. Agreements concluded during a public auction. A public auction is defined as a sales method where products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the option to be personally present at the auction under the guidance of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services.

3. Service agreements, after full execution of the service, but only if:

• The execution has started with the consumer’s explicit prior consent; and

• The consumer has declared that they lose their right of withdrawal once the entrepreneur has fully executed the agreement.

4. Package travel as referred to in Article 7:500 BW and passenger transport agreements.

5. Service agreements for the provision of accommodation, if the agreement specifies a certain date or period of execution and other than for residential purposes, goods transport, car rental services, and catering.

6. Agreements relating to leisure activities, if the agreement specifies a certain date or period for execution.

7. Products manufactured according to consumer specifications that are not prefabricated and are made based on an individual choice or decision by the consumer, or that are clearly intended for a specific person.

8. Products that spoil quickly or have a limited shelf life.

9. Sealed products that are not suitable for return for health protection or hygiene reasons and whose seal was broken after delivery.

10. Products that, after delivery, are by their nature irrevocably mixed with other products.

Article 11 - The Price

1. During the validity period mentioned in the offer, the prices of the products and/or services being offered will not be increased, except for price changes due to changes in VAT rates.

2. In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices, if these prices are subject to fluctuations in the financial market over which the entrepreneur has no control. This link to fluctuations and the fact that any listed prices are guide prices will be mentioned in the offer.

3. Price increases within three months of the conclusion of the agreement are only permitted if they result from legal regulations or provisions.

4. Price increases from three months after the conclusion of the agreement are only permitted if the entrepreneur stipulated this and:

• They result from legal regulations or provisions; or

• The consumer has the authority to terminate the agreement from the day the price increase takes effect.

5. The prices mentioned in the offer of products or services include VAT.

Article 12 - Delivery and Execution

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.

2. The place of delivery is the address provided by the consumer to the entrepreneur.

3. Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders promptly but at the latest within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed about this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and may be entitled to compensation.

4. After dissolution in accordance with the previous paragraph, the entrepreneur will promptly refund the amount paid by the consumer.

5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative notified to the entrepreneur, unless expressly agreed otherwise.

Article 13 - Payment

1. Unless otherwise stipulated in the agreement or additional conditions, the amounts payable by the consumer must be settled within 14 days of the commencement of the cooling-off period, or in the absence of a cooling-off period, within 14 days of the conclusion of the agreement. In the case of a service agreement, this term starts on the day after the consumer receives confirmation of the agreement.

2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.

3. The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

4. If the consumer fails to fulfill their payment obligation(s) in time, they are, after being informed by the entrepreneur of the late payment and after the entrepreneur has allowed the consumer a period of 14 days to still meet the payment obligations, liable for statutory interest on the amount due and the entrepreneur is entitled to charge any extrajudicial collection costs they incur. These collection costs amount to a maximum of:

• 15% on outstanding amounts up to €2,500;

• 10% on the subsequent €2,500; and

• 5% on the next €5,000, with a minimum of €40.

The entrepreneur may deviate from the aforementioned amounts and percentages in favor of the consumer.