General Terms and Conditions Northgold Cosmetics BV
Chamber of Commerce (KVK) 82820163
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 Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Performance
Article 12 – Duration Transactions: Duration, Termination, 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 terms shall have the following meanings:
Cooling-off period: the period during which the consumer may exercise the right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft, or profession and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract concerning a series of products and/or services, the performance and/or delivery of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way accessible for future reference and unchanged reproduction of the stored information.
Right of withdrawal: the consumer’s option not to proceed with the distance contract within the cooling-off period;
Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions;
Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more technologies for distance communication;
Technology for distance communication: means that can be used for concluding a contract without the consumer and entrepreneur being in the same place at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Northgold Cosmetics BV
aWondr
Kerkstraat 11
9479 PK Noordlaren
Netherlands
Phone: 06-55371134 (available between 9am and 5pm on working days)
Email: info@awondr.com
Chamber of Commerce (KvK) number: 82820163
VAT identification number: 862615719B01
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, before the distance contract is concluded, the entrepreneur will indicate where the general terms and conditions can be inspected and that they will be sent free of charge at the request of the consumer as soon as possible.
If the distance contract is concluded electronically, the entrepreneur may, notwithstanding the preceding paragraph and before the distance contract is concluded, provide the consumer with the text of these general terms and conditions electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge at the request of the consumer electronically or in some other way.
In the event that, in addition to these general terms and conditions, specific product or service conditions are also applicable, the second and third paragraphs shall apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are wholly or partially nullified or destroyed at any time, the agreement and these terms and conditions will remain in force and the relevant provision will be replaced by mutual agreement as soon as possible, with a provision that approximates the intent of the original provision as closely as possible.
Situations that are not regulated in these general terms and conditions should be assessed “in the spirit” of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be explained “in the spirit” of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer adequately. If the entrepreneur uses images, these are a true representation of the products and/or services provided. However, the entrepreneur cannot guarantee that the colors on display exactly match the colors of the actual products. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images and specification data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images accompanying products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer includes such information that it is clear to the consumer what the rights and obligations are that are connected to the acceptance of the offer. This concerns in particular:
the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and the actions necessary for that;
the applicability of the right of withdrawal;
the method of payment, delivery, and execution of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the rate for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular base rate for the used communication medium;
whether the agreement will be archived after its conclusion, and if so, how the consumer can access it;
the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by him in the context of the agreement;
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 the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the remote agreement in case of a continuous transaction.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the stipulated conditions.
If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall provide a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for this purpose.
Within legal frameworks, the entrepreneur can ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reason not to enter into the agreement, they are entitled to refuse an order or request with reasoned grounds or to attach special conditions to the execution.
With the product or service, the entrepreneur shall provide the consumer with the following information, in writing or in a manner that can be stored by the consumer in an accessible way on a durable data carrier:
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 statement about the exclusion of the right of withdrawal;
Information about warranties and existing post-purchase services;
The data mentioned in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuous transaction, the provision in the preceding paragraph is only applicable to the first delivery.
Each agreement is entered into under the suspensive condition of sufficient availability of the respective products.
Article 6 – Right of Withdrawal
In the case of product delivery:
When purchasing products, the consumer has the option to terminate the agreement without providing reasons within 14 days. This cooling-off period starts on the day following the receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During this cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they shall return the product to the entrepreneur within 14 days along with all supplied accessories and, if reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.
Should the consumer wish to exercise their right of withdrawal, they are obligated to notify the entrepreneur within 14 days after receiving the product. The notification must be made by the consumer using the model withdrawal form or by another means of communication, such as email. After notifying their intent to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must provide evidence that the delivered goods have been returned in a timely manner, for example, by means of proof of shipment.
If the consumer has not communicated their intention to exercise the right of withdrawal within the periods mentioned in clauses 2 and 3, or if they have not returned the product to the entrepreneur, the sale is considered final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the maximum cost of returning the goods shall be borne by them.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible but no later than 14 days after the withdrawal. The condition for this refund is that the product has already been received by the online retailer or that conclusive proof of complete return can be provided. The refund shall be made using the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any decrease in value of the product.
The consumer cannot be held liable for any decrease in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal. This information must be provided before concluding the purchase agreement.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur can exclude the consumer’s right of withdrawal for products as described in clause 2. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly stated this in the offer, at least before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
that have been created by the entrepreneur according to the consumer’s specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can quickly deteriorate or expire;
for hygienic products whose seal has been broken by the consumer.
Article 9 – The Price
During the validity period mentioned 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.
In deviation from the previous clause, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. These fluctuations and the fact that any mentioned prices are guideline prices must be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
Price increases from 3 months after 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 authority to terminate the agreement on the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of such errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations that exist on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights and claims based on the agreement against the entrepreneur.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
the consumer has repaired or altered the delivered products themselves or had them repaired or altered by third parties;
the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or are in violation of the entrepreneur’s instructions and/or the instructions on the packaging;
the defect is wholly or partly the result of regulations that the government has or will set regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur shall exercise the utmost care in receiving and executing product orders and evaluating service requests.
The address provided by the consumer to the company shall be considered as the place of delivery.
Subject to the provisions of paragraph 4 of this article, the company shall execute accepted orders promptly and in any event within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall be notified thereof within 30 days after placing the order. In such cases, the consumer shall have the right to dissolve the contract without incurring any costs. The consumer shall not be entitled to any damages.
All delivery times are indicative. The consumer shall not derive any rights from any specified deadlines. Exceeding a deadline shall not entitle the consumer to any damages.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If the delivery of an ordered product proves impossible, the entrepreneur shall endeavor to provide a replacement item. Clear and comprehensible notice of the delivery of a replacement item shall be given no later than at the time of delivery. The right of withdrawal cannot be excluded with replacement items. Any costs of possible returns shall be borne by the entrepreneur.
The risk of damage and/or loss of products shall remain with the entrepreneur until the time of delivery to the consumer or to a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration Transactions: Duration, Termination, and Extension
Termination
The consumer may terminate an agreement concluded for an indefinite period, which aims to deliver products (including electricity) or services on a regular basis, at any time, subject to agreed termination rules and a notice period of up to one month.
The consumer may terminate an agreement concluded for a definite period, which aims to deliver products (including electricity) or services on a regular basis, at any time at the end of the specified term, subject to agreed termination rules and a notice period of up to one month.
The consumer may terminate the agreements mentioned in the preceding paragraphs:
at any time and shall not be limited to termination at a specific time or within a specific period;
at least on the same basis as they were entered into;
at all times with the same notice period as that stipulated for the entrepreneur.
Extension
An agreement concluded for a definite period, which aims to deliver products (including electricity) or services on a regular basis, shall not be tacitly extended or renewed for a specific term.
In deviation from the previous paragraph, an agreement concluded for a definite period, which aims to deliver daily, news, and weekly newspapers and magazines on a regular basis, may be tacitly extended for a term of up to three months if the consumer is able to terminate this extended agreement at the end of the extension period with a notice period of up to one month.
An agreement concluded for a definite period, which aims to deliver products or services on a regular basis, may only be tacitly extended for an indefinite period if the consumer may at any time terminate with a notice period of up to one month and with a notice period of up to three months if the agreement aims to deliver daily, news, and weekly newspapers and magazines but less than once a month.
An agreement with a limited duration for delivering daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly extended and shall automatically end after the trial or introductory period.
Duration
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 up to one month, unless reasonableness and fairness oppose termination before the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the reflection period as referred to in article 6(1). In the case of an agreement to provide a service, this period shall commence after the consumer has received the confirmation of the agreement.
The consumer shall have the duty to immediately report any inaccuracies in provided or stated payment details to the entrepreneur.
In case of default by the consumer, the entrepreneur, subject to statutory limitations, shall have the right to charge the consumer reasonable costs that have been communicated in advance.
Article 14 – Complaints Procedure
The entrepreneur shall have a sufficiently publicized complaints procedure and shall handle the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be fully and clearly described within 2 months after the consumer has observed the defects.
Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall respond within the 14-day period with an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is susceptible to the dispute settlement.
In case of complaints, a consumer must first turn to the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be valid by the entrepreneur, the entrepreneur shall, at its option, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Dutch law shall exclusively apply to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This shall also apply if the consumer resides abroad.
The Vienna Sales Convention shall 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 they can be stored by the consumer in an accessible manner on a durable data carrier.