Legal notice
General Terms and Conditions Jewel Beauty
Introduction
Below you will find our general terms and conditions. These are always applicable when you use or place an order through our website. The general terms and conditions contain important information for you as a buyer. Please read them carefully. We further advise you to save or print these terms so that you can review them at a later time.
Article 1. Definitions
1.1. Consument: Een natuurlijk persoon die handelt buiten zijn handels-, bedrijfs-, ambachts- of beroepsactiviteiten om.
1.2. Ondernemer: De natuurlijke of rechtspersoon die op afstand producten, digitale inhoud (al dan niet via toegang daartoe) en/of diensten aanbiedt aan consumenten.
1.3. Agreement: An agreement under which the consumer, within the framework of a distance contract, obtains products delivered by the entrepreneur or by a third party based on an agreement concluded between the entrepreneur and that third party.
1.4. Day means calendar day.
1.5. Cooling-off period: The period of fourteen calendar days, calculated from the day the consumer has received the product or products, during which they can exercise their right of withdrawal.
1.6. Right of withdrawal: The right of the consumer to terminate the distance contract without giving reasons within the cooling-off period.
1.7. Distance contract: A contract between the entrepreneur and the consumer, concluded within an organized system for the remote sale of products, where exclusive or partial use is made of one or more means of distance communication up to the conclusion of the contract.
1.8. Durable medium: Any means, including email, that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future reference and unaltered reproduction of that information.
Article 2. Identity of the entrepreneur
1.1. These general terms and conditions are managed by the entrepreneur:
Jewel Beauty Chamber of Commerce number 98444727 VAT number: NL005332157B52
Article 3. Applicability
3.1. These general terms and conditions apply to every offer from the entrepreneur, every order placed by the consumer, and all distance contracts concluded between the entrepreneur and the consumer.
3.2. Prior to the conclusion of the distance contract, the text of these general terms and conditions will be made available to the consumer.
3.3. If the distance contract is concluded electronically, the text of these general terms and conditions can – deviating from the previous paragraph – be made available to the consumer electronically before concluding the contract, in such a manner that the consumer can easily save the terms on a durable medium. If it is reasonably impossible to provide the general terms and conditions in this way, it will be indicated before concluding the contract where the terms can be viewed electronically and that they will be sent to the consumer free of charge upon request, either electronically or in another manner.
3.4. The consumer is required to accept the general terms and conditions before concluding the agreement. Without this acceptance, no agreement will be formed. Placing an order via the webshop and checking the statement 'I agree with the general terms and conditions' is considered explicit acceptance of the General Terms and Conditions.
Article 4. The Offer
4.1. If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.
4.2. The offer contains as complete and accurate a description of the products as possible, allowing the consumer to evaluate it properly. Images are a faithful representation of the products, services, and/or digital content. Obvious errors in the offer do not bind the entrepreneur.
4.3. Each offer provides clear information about rights and obligations.
Article 5. The Agreement
5.1. The agreement is concluded as soon as the consumer accepts the offer and meets the associated conditions.
5.2. If the consumer accepts the offer electronically, the entrepreneur will confirm this electronically without delay.
5.3. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic data transfer and ensures a safe web environment.
5.4. At the latest upon delivery, the consumer receives all relevant information in writing or in digital form.
5.5. Within the limits of the law, the entrepreneur is entitled to obtain information about the consumer's creditworthiness and may refuse orders or applications based on this.
Article 6. Right of Withdrawal
6.1. The consumer has the right to terminate an agreement regarding the purchase of a product within 14 days of receipt without stating reasons.
6.2. If the legally required information has not been provided, the cooling-off period is extended to a maximum of 12 months after the end of the original cooling-off period.
6.3. If the entrepreneur subsequently provides the required information within this extended period, the cooling-off period expires 14 days after the day on which the consumer received this information.
Article 7. Consumer Obligations During Cooling-Off Period
7.1. During the cooling-off period, the consumer must handle the product and packaging with care. The consumer should not unpack or use the product, as this would prevent the entrepreneur from reselling it.
7.2. The consumer is liable for any depreciation of the product resulting from handling beyond what is permitted.
Article 8. Exercise of the Right of Withdrawal and Associated Costs
8.1. If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the cooling-off period using the model form or in another clear manner.
8.2. Within 14 days of this notification, the consumer returns the unused product or hands it over to the entrepreneur (or their representative), unless the entrepreneur has offered to collect it themselves. The return period is deemed to have been observed if the product was shipped before the end of the cooling-off period.
8.3. The product must be returned, including all accessories, in its original condition and packaging, according to the reasonable and clear instructions of the entrepreneur.
8.4. Both the risk and the burden of proof lie with the consumer.
8.5. The cost of returning the product is for the consumer, unless otherwise stated.
Article 9. Obligations of the entrepreneur in case of withdrawal
9.1. If the entrepreneur allows withdrawal via electronic means, he confirms receipt immediately.
9.2. The entrepreneur refunds all payments made by the consumer, including any delivery costs, as soon as possible and within 14 days after the withdrawal notification. He may wait to refund until the product has been received and checked, unless he collects the product himself.
9.3. Any additional costs for a more expensive delivery method than the standard one are not reimbursed.
9.4. The entrepreneur uses the same payment method for reimbursement as the consumer used, unless the consumer agrees to another payment method.
Article 10. Exclusion of the right of withdrawal
10.1. The entrepreneur can exclude certain products and services from the right of withdrawal, provided this is clearly stated in the offer or in good time before the conclusion of the agreement.
10.2. Products that perish quickly or have a limited shelf life.
10.3. Sealed products which, for hygiene or health reasons, are not suitable for return and whose seal has been broken after delivery.
10.4. Products that, by their nature, have been irrevocably mixed with other products after delivery.
Article 11. The price
11.1. The consumer can pay for the ordered products via IDEAL and credit card.
11.2. All stated prices include VAT.
11.3. Price increases within 3 months are only allowed in the case of legal requirements.
11.4. Price increases after 3 months are allowed if agreed upon; the consumer may then terminate the agreement.
11.5. Products with variable prices may be offered as indicative prices.
Article 12. Compliance and additional warranty
12.1. The entrepreneur guarantees that the products comply with the agreement, stated specifications, reasonable quality requirements, and legal regulations.
12.2. An additional warranty from the entrepreneur, supplier, manufacturer, or importer does not detract from the consumer's legal rights in the event of non-compliance by the entrepreneur.
12.3. By additional warranty is meant any undertaking that goes beyond the legal obligations in the event of non-compliance with the agreement.
Article 13. Delivery and execution
13.1. Delivery takes place at the address specified by the consumer.
13.2. Delivery will take place within 30 days of ordering unless otherwise agreed in writing. If this period is exceeded, the consumer has the right to terminate the agreement.
13.3. The risk of damage or loss of the product rests with the entrepreneur until the moment of delivery.
13.4. If the consumer has provided an incorrect delivery address, the entrepreneur is entitled to charge the consumer for any additional shipping costs.
13.5. If the occupant of the specified address accepts the package, we are not obligated to deliver a new product or refund the money (i.e., compensate you).
Article 14. Liability
14.1. Jewel Beauty is never liable for any damage caused by the product, regardless of the cause. It is entirely at your own risk!
14.2. Jewel Beauty is not responsible for any damage, regardless of the cause, resulting from improper or unskilled use of the products, failure to follow the recommendations or guidelines of Jewel Beauty or the manufacturer, or due to incorrect use by the consumer.
14.3. Jewel Beauty is not liable for damage caused by the consumer providing incorrect or incomplete information.
Article 15. Complaints procedure
15.1. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that falls under the dispute resolution process.
15.2. Minor deviations in quality, size, weight, color, finish, design, etc., which are considered acceptable in trade or technically unavoidable, do not provide grounds for complaint or claim.
15.3. Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If more time is needed for processing, the entrepreneur will confirm receipt within this period and indicate when the consumer can expect a more detailed response.
Article 16. Disputes
16.1 Only Dutch law applies to agreements between the entrepreneur and the consumer.