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WEBSHOP TERMS AND CONDITIONS

General Terms and Conditions
Article 1 – Definition of Terms

In these terms and conditions, the following terms are understood to mean:

1.1

Supplementary contract: a contract whereby the consumer acquires products, digital content and/or services in relation to a distance contract and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;

1.2

Cooling-off period: the period within which the consumer can make use of their right of withdrawal;

1.3

Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession;

1.4

Day: calendar day;

1.5

Digital content: data produced and supplied in digital form;

1.6

Term contract: a contract that covers the regular supply of goods, services and/or digital content throughout a defined period of time;

1.7

Durable data carrier: any tool, including email, that enables the consumer or trader to store data relating to them personally in a way that makes future consultation or use possible for a period of time tailored to the purposes for which the information is to be used, and which allows the unaltered reproduction of the stored data;

1.8

Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;

1.9

Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers remotely;

1.10

Distance contract: a contract concluded between the trader and the consumer as part of an organised system for the remote sale of products, digital content and/or services, whereby sole or joint use is made of one or more technologies for remote communication up until the moment the contract is concluded;

1.11

Technology for remote communication: tools that can be used for concluding a contract, without the consumer and trader having to be in the same room together at the same time. 

Article 2- Identity of the Trader

Company address:

PAINT the Beautyspot

Nieuwstad 4

6811BL Arnhem

  

CoC number:

56268122

VAT number:

NL002291623B91

  

Customer service email:

info@paintbeautyspot.nl

Article 3 – Applicability

3.1

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

3.2

Prior to the distance contract being concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the general terms and conditions can be reviewed at the trader’s premises and that they will be sent to the consumer free of charge as soon as possible, upon the consumer’s request.

3.3

If the distance contract is concluded electronically, then, in deviation of the previous paragraph, and prior to the distance contract being concluded, the text of these general terms and conditions shall be made available to the consumer by electronic means, and in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it shall be stated where cognizance can be taken of the general terms and conditions electronically and that they will be sent free of charge to the consumer, either electronically or by other means.

3.4

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favourable to them.

Article 4 – The Offer

4.1

If an offer has a limited term of validity or is made subject to conditions, this shall be expressly stated in the offer.

4.2

The offer contains a complete and accurate description of the products, digital content and/or services offered. The description shall be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these shall be a true reflection of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding for the trader.

4.3

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The Contract

5.1

The contract is established, subject to the stipulations in paragraph 4, at the moment when the consumer accepts the offer and fulfils the conditions set.

5.2

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

5.3

If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and to establish a secure online environment. If the consumer has the option of paying electronically, the trader will put in place appropriate security measures.

5.4

The trader may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for the diligent conclusion of the distance contract. If, on the basis of this investigation, the trader has good reason not to enter into the contract, they are entitled to refuse an order or request or to attach special conditions to the execution thereof.

5.5

No later than upon delivery of the product, service or digital content, shall the trader send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

a.

the trader’s email address to which the consumer can address any complaints;

b.

the conditions under which and how the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;

c.

the information on guarantees and existing after-sales services;

d.

the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;

e.

the requirements for cancelling the contract if the contract has a term of more than one year or is for an indefinite term;

5.6

In case of an ongoing performance contract, the provision in the previous paragraph shall apply only to the first delivery.

Article 6. – Right of Withdrawal

With the following products:

6.1

The consumer can dissolve a contract for the purchase of a product during a cooling-off period of 14 days without stating the reason(s) for doing so. The trader may ask the consumer about the reason for the withdrawal, but may not force the consumer to state their reason(s).

6.2

The cooling-off period referred to in Paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance and not being the courier, has received the product, or:

a.

if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The trader may, provided they have clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with a different delivery time.

b.

if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;

c.

in case of contracts for the regular delivery of products throughout a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

For services and digital content which is not supplied on a tangible medium:

6.1

The consumer may terminate a service contract and a contract for the supply of digital content that is not delivered on a tangible medium during a period of 14 days without stating the reason(s) for doing so. The trader may ask the consumer about the reason for the withdrawal, but may not force the consumer to state their reason(s).

6.2

The cooling-off period referred to in Paragraph 3 shall commence on the day following the conclusion of the contract.

Article 7 – Obligations of the Consumer during the Cooling-off Period

7.1

During the cooling-off period, the consumer will treat the product and its packaging with care. They shall only unpack or use the product to the extent necessary for determining the nature, characteristics and functionality of the product. The basic principle here is that the consumer may only handle and inspect the product in the same way they would be allowed to do so in a shop.

7.2

The consumer shall only be liable for any deprecation in the value of the product resulting from the product being handled in a way that goes beyond what is permitted in Paragraph 1.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and the Associated Costs

8.1

If the consumer makes use of their right of withdrawal, they shall notify the entrepreneur within the cooling-off period by sending an email to info@paintbeautyspot.nl in which they shall state at least:

a.

the reason for exercising their right of withdrawal;

b.

the order number to which the withdrawal applies;

c.

the products and/or services for which they wish to exercise their right of withdrawal.

8.2

As soon as possible, but no later than 14 days from the day following the notification referred to in Paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the trader. This is not necessary if the trader has offered to collect the product themselves. The consumer shall be deemed to have honoured the return period if they return the product before the cooling-off period has expired.

8.3

The consumer shall return the product with all the delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.

8.4

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

8.5

The consumer shall not bear the immediate costs of returning the product.

8.6

If the consumer withdraws after first having expressly requested that the provision of the service not made ready for sale in a limited volume or set quantity begins during the cooling-off period, the consumer shall owe the trader an amount proportionate to that part of the commitment which has been fulfilled by the trader at the time of withdrawal as compared with the complete fulfilment of the commitment.

8.7

If the consumer makes use of their right of withdrawal, all supplementary contracts shall be cancelled by operation of the law.

Article 9 – Obligations of the Trader under a Withdrawal

9.1

If the trader enables the electronic notification of withdrawal by the consumer, they shall send an acknowledgement of receipt of this notification without delay.

9.2

The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay and no later than 14 days from the day on which the consumer notifies them of the withdrawal. Unless the trader offers to collect the product themselves, they may wait with the repayment until they have received the product or until the consumer proves that they have sent the product back, whichever date comes first.

9.3

The trader shall use the same means of repayment that the consumer used for payment, unless the consumer agrees to a different method. The repayment is free of charge for the consumer.

9.4

If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader is not required to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal

The trader can exclude the following products and services from the right of withdrawal, only if the trader indicates this clearly in the offer or at least in good time before concluding the contract:

1.

Products or services of which the price is linked to fluctuations in the financial market over which the trader has no influence and which may occur during the withdrawal period;

2.

Contracts concluded at a public auction. A public auction means a method of sale whereby products, digital content and/or services are offered by the trader to the consumer, who is in attendance or is given the opportunity to attend the auction in person, under the direction of an auctioneer, and whereby the successful bidder is bound to purchase the products, digital content and/or services;

3.

Service contracts, after the full performance of the service, but only if:

a.

the performance has started with the consumer’s explicit prior consent; and

b.

the consumer has declared that they lose their right of withdrawal when the trader has completely fulfilled the contract;

4.

Package holidays as referred to in Article 7:500 DCC and passenger transport contracts;

5.

Service contracts for the provision of accommodation if the contract provides for a specific date or period of performance and other than for residential purposes, the carriage of goods, car rental services and catering;

6.

Contracts relating to recreational activities if the contract provides for a specific date or period of time for the performance thereof;

7.

Products made to the consumer’s specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;

8.

Products that spoil quickly or have a limited shelf life;

9.

Sealed products which are not suitable for return for health protection or hygiene reasons and of which the seal has been broken after delivery;

10.

Products which, after delivery, are irrevocably mixed with other products due to their nature;

11.

Alcoholic beverages of which the price has been agreed upon at the conclusion of the contract, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market over which the trader has no influence;

12.

Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;

13.

Newspapers, journals, or magazines with the exception of subscriptions thereto;

14.

The supply of digital content other than on a tangible medium, but only if:

a.

the performance has started with the consumer’s explicit prior consent; and

b.

the consumer has declared that they thereby lose their right of withdrawal.

Article 11 – The Price

11.1

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

11.2

In deviation of the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the trader’s control, at variable prices. The offer shall be accompanied by a statement regarding this link to fluctuations and the fact that any prices mentioned are indicative.

11.3

Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.

11.4

Price increases starting from 3 months after the conclusion of the contract are only allowed if the trader has stipulated such and:

a.

they are the result of statutory regulations or provisions; or

b.

the consumer is authorised to terminate the contract on the day on which the price increase takes effect.

11.5

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

Article 12 – Fulfilment of Contract and Extra Guarantee

12.1

The trader guarantees that the products and/or services fulfil the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded.

12.2

The trader does not guarantee that the product is suitable for anything other than normal use.

12.3

An additional guarantee provided by the trader, their supplier, manufacturer, or importer never limits the legal rights and claims the consumer can enforce against the trader on the basis of the contract if the trader has failed to fulfil their part of the contract.

12.4

Extra guarantee means any commitment of the trader, their supplier, importer, or manufacturer in which they grant the consumer certain rights or claims that go beyond what they are legally obligated to do in the event they have failed to fulfil their part of the contract.

Article 13 – Delivery and Performance

13.1

The trader will take the utmost care when receiving and implementing orders for products and when assessing applications for the provision of services.

13.2

The place of delivery is the address that the consumer has notified the trader off.

13.3

With due observance to what is stated in Article 4 of these General Terms and Conditions, the trader shall execute accepted orders at a competent pace, but at the latest within 30 days, unless a different delivery period has been agreed upon. Should the delivery incur a delay, or if an order cannot or can only be partially fulfilled, the consumer shall receive notification thereof no later than 30 days after they have placed the order. In that case, the consumer has the right to dissolve the contract free of charge and has the right to claim any potential damages.

13.4

After the dissolution in accordance with the previous paragraph, the trader shall reimburse the amount paid by the consumer without delay.

13.5

The risk of damage and/or loss of the products rests with the trader up until the moment of delivery to the consumer or a representative designated in advance to the trader, unless explicitly agreed otherwise.

Article 14 – Ongoing Performance Contract: Term, Termination and Renewal

Termination:

14.1

The consumer may at all times terminate a contract that has been entered into for an indefinite term and that covers the regular delivery of products (electricity included) or services, with due observance of the termination rules agreed to and a notification period of at least one month.

14.2

The consumer may at all times terminate a contract that has been entered into for a definite term and that covers the regular delivery of products (electricity included) or services, towards the end of that definite term with due observance of the termination rules agreed to and a notification period of at least one month.

14.3

The consumer may terminate the contracts mentioned in the aforementioned paragraphs:

a.

at all times and is not restricted to a termination on a certain date or within a certain period;

b.

at least in the same manner in which they entered into it;

c.

at all times with the same notification period as the trader stipulated for themselves.

Renewal:

14.4

A contract that has been concluded for a definite term and that covers the regular delivery of products (electricity included) or services, may not be tacitly prolonged or renewed for a definite term.

14.5

In deviation of the previous paragraph, a contract that has been concluded for a definitive term and covers the regular delivery of daily and weekly newspapers, journals and magazines may be tacitly renewed for a maximum term of three months if the consumer can terminate this prolonged agreement towards the end of the prolongation with a notification period of no more than one month.

14.6

A contract concluded for a definite term and that covers the regular delivery of products or services, may only be tacitly renewed for an indefinite term if the consumer can terminate the contract at all times with a notification period of no more than one month. The notification period is no more than three months if the contract covers the regular, but less often than once a month, delivery of daily and weekly newspapers, journals and magazines.

14.7

A contract for a definitive term for the regular delivery of introductory daily and weekly newspapers and journals (trial or introductory subscriptions) are not tacitly renewed and automatically end after the trial or introductory period has expired.

Term:

14.8

If a contract has a term of more than one year, the consumer may at all times terminate that contract with due observance of a notification period of one month after one year, unless reasonableness and fairness contradict the termination prior to the end of the agreed term.

Article 15 – Payment

15.1

Insofar as not otherwise specified in the contract or supplementary conditions, the amounts payable by the consumer should be paid no later than 14 days after the start of the cooling-off period, or in the absence of a cooling-off period no later than 14 days after the contract has been concluded. In the event of a contract for the provision of a service, the term shall commence the day after the consumer has received a confirmation of the contract.

15.2

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

15.3

The consumer is obliged to report any errors in the payment details provided or stated to the trader without delay.

15.4

If the consumer does not meet their payment obligation(s) on time, they shall, after being informed by the trader of the payment due date having passed, be granted another 14 days to as yet fulfil their payment obligations. Should they fail to pay within this 14-day period, they shall owe the legal interest on the amount due and the trader shall be entitled to pass on any charges for extrajudicial collection costs incurred to the consumer. These collection costs shall amount to no more than: 15% of the open amounts up to € 2,500; 10% of the next € 2,500; and 5% of the next € 5,000 with a minimum of € 40. The trader may deviate from the aforementioned sums in favour of the consumer.

Article 16 – Complaints Procedure

16.1

The trader has an established and sufficiently publicised complaints procedure and shall handle complaints in accordance with this procedure.

16.2

Complaints regarding the performance of this contract must be lodged in full and in clear written detail with the trader within due time after the consumer has established the faults.

16.3

A complaint lodged with the trader must be met with a response within 14 days from the moment of receipt. If it is foreseeable that a complaint will require a longer handling time, the trader shall issue a response to the consumer within the 14 days, thereby acknowledging receipt of the complaint and indicating when the consumer may expect a more detailed response.

Article 17 – Retention of Title

Ownership of the delivered products is only transferred to the consumer after they have paid the total amount due to the trader. The risk of the products is transferred to the consumer upon the moment of delivery.

Article 18 – Supplementary Provisions

18.1

Dutch law exclusively applies to contracts between the trader and the consumer that are governed by these General Terms and Conditions.

18.2

The trader reserves the right to amend these General Terms and Conditions. Amendments to these terms and conditions shall only take effect after they have been published on the understanding that, in the event of applicable amendments during the term of an offer, the provision most favourable to the consumer shall prevail.

Gift Card Terms and Conditions of PAINT the Beautyspot

As a supplement to these General Terms and Conditions,  these Gift Card Terms and Conditions are applicable to all Gift Cards issued by PAINT the Beautyspot. By using the Gift Card you agree to these terms and conditions and you are bound to adhere thereto.

1.

These terms and conditions are applicable to all PAINT the Beautyspot issued gift vouchers/gift cards, in electronic as well as in printed, paper and card forms (“Gift Cards”). This applies to both Gift Cards sold by PAINT the Beautyspot itself and by third parties designated by PAINT the Beautyspot

2.

Every Gift Card has a unique code, this may be a number and/or pin code and/or text code. Gift cards are issued only once to the recipient. The recipient is responsible for the careful storage of the Gift Card including any pin code. In the event of theft or the loss of the Gift Card, no reimbursement shall take place.

3.

Only original Gift Cards and codes may be used, which must be provided to PAINT the Beautyspot upon request. PAINT the Beautyspot reserves the right to exclusively accept a Gift Card after receipt of the original Gift Card, and in case of improper use, to still demand a cash payment.

4.

The nature, term, expiration date and any potentially applicable remaining specific terms and conditions can be found on the Gift Card or in the format in which the Gift Card was issued. Gift Cards are only valid for a limited period of time and can no longer be used after the expiration date.

5.

Gift Cards can only be used for transactions on the PAINT the Beautyspot website and in its stores. If the total amount of an order is higher than the value of the Gift Card(s) used, the difference is to be paid by additional payment method.

6.

Gift Cards and the remaining value of Gift Cards cannot be exchanged for cash. Any remaining value of a Gift Card may be used against a subsequent order.

7.

When a transaction has been (partially) paid for with a Gift Card and PAINT the Beautyspot decides to refund part or all of the total amount for this transaction, this refund will be made as much as possible by increasing the Gift Card balance. If this is not sufficient, the remainder will be refunded by the same additional payment method used for the transaction.

8.

It is not permitted to modify, counterfeit, undermine or otherwise tarnish Gift Cards or their function. All (attempts at) fraud or other unauthorised acts (including hacking) are registered and will in all cases lead to the denial of the use of Gift Cards.

9.

It is not permitted to use Gift Cards in any way whatsoever for commercial purposes and/or for purposes other than those for which they were issued.

10.

These Gift Card Terms and Conditions may be amended from time to time. Users are advised to consult the Gift Card Terms and Conditions each time before purchasing and/or using a Gift Card. If the user continues to use the Gift Card after the changes have taken effect, the user accepts the amended terms and conditions.

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