Terms of service
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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 the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Continuing performance contracts: duration, termination and renewal
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 definitions apply:
Cooling-off period: the period within which the consumer can make use of their right of withdrawal.
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Day: calendar day.
Continuing performance contract: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.
Model withdrawal form: the model form for withdrawal made available by the entrepreneur which the consumer can use if they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: an agreement concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication.
Means of distance communication: a means that can be used for concluding an agreement without the consumer and the entrepreneur being simultaneously present in the same space.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Comanti
Phillip Vingboonstraat
1067 BH Amsterdam
The Netherlands
CoC (KvK) number: 86418254
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, prior to the conclusion of the distance contract it will be indicated that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent electronically or in another way free of charge at the consumer’s request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always rely, in case of conflicting conditions, on the provision that is most favourable to them.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will remain in force for the rest, and the relevant provision will be replaced without delay, in mutual consultation, by a provision that approximates the intent of the original as closely as possible.
Situations not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is made 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 make a proper assessment of the offer. If the entrepreneur makes use of images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and information 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 products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
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the price including taxes;
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any shipping costs;
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the way in which the agreement will be concluded and which actions are required for this;
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whether or not the right of withdrawal applies;
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the method of payment, delivery and execution of the agreement;
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the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
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the level of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the used communication medium;
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whether the agreement will be archived after its conclusion, and if so, in what way it can be consulted by the consumer;
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the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data they have provided in the context of the agreement;
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any other languages in which, in addition to Dutch, the agreement can be concluded;
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the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
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the minimum duration of the distance contract in the event of a continuing performance contract.
Article 5 – The agreement
Subject to the provisions in paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the associated 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 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 will take appropriate technical and organisational measures to secure the electronic transmission 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, inquire 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 contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
The entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product or service:
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the visiting address and/or contact information of the entrepreneur’s establishment where the consumer can lodge complaints;
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the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
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information about warranties and existing after-sales service;
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the data referred to in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
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the conditions 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 continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of withdrawal
Upon delivery of products:
When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after the consumer, or a representative previously designated by the consumer and made known to the entrepreneur, has received the product.
During the cooling-off period, the consumer shall handle the product and the packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer makes use of the right of withdrawal, they will return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of the right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must do this by means of the model withdrawal form or by another unambiguous statement, for example by e-mail. After the consumer has indicated that they wish to make use of the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods were returned in time, for example by means of a proof of shipment.
If, after expiration of the terms mentioned in paragraphs 2 and 3, the consumer has not indicated that they wish to make use of the right of withdrawal and the product has not been returned to the entrepreneur, the purchase is a fact.
Article 7 – Costs in case of withdrawal
If the consumer exercises the right of withdrawal, at most the costs of return shipment are for their account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition for this is that the product has already been received back by the online retailer or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer, unless the consumer explicitly agrees to another payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.
The consumer cannot be held liable for reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal. This must be done before the conclusion of 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 paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
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that have not been washed, damaged or worn, and on which no make-up, perfume or similar substances have been applied;
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that are still provided with all labels as received; furthermore, no deviations or damage may have been made to the products;
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that are produced by the entrepreneur in accordance with the consumer’s specifications;
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that are clearly personal in nature;
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that, by their nature, cannot be returned;
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that can spoil or age quickly;
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whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
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for hygienic products whose seal has been broken by the consumer.
NOTE!
All our products are checked before shipment for all the points mentioned that may invalidate the right of return / right of withdrawal.
Article 9 – The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
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they are the result of legal regulations or provisions; or
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the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated 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 printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 – Conformity and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the existing legal provisions and/or government regulations on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
Any guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months of delivery. Products must be returned in the original packaging and in new condition.
The warranty period of the entrepreneur 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:
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the consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties;
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the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging;
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the defectiveness is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur will observe the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has provided to the company.
With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest 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 will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to make a replacement product available. It will be clearly and comprehensibly stated upon delivery that a replacement product is being delivered. The right of withdrawal cannot be excluded for replacement products. The costs of any return shipment are at the expense of the entrepreneur.
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 made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Continuing performance contracts: duration, termination and renewal
Termination
The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
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at any time and not be restricted to termination at a specific time or in a specific period;
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at least in the same way as they were entered into;
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always with the same notice period as the entrepreneur has stipulated for themselves.
Renewal
An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.
In deviation from the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may at any time terminate with a notice period of no more than one month, and a notice period of no more than three months in the event the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with limited duration for the regular introduction delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically 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 no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.
Article 14 – Complaints procedure
The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a notification of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their choice, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 16 – Additional or deviating provisions
Additional provisions or provisions that deviate 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.
Comanti