Webshop General Terms and Conditions
General Terms and conditions webshop
Definitions:
In these General Terms and Conditions, the following definitions apply:
Timeless Beauty Amsterdam
Consumer: the natural person who, other than in the exercise of his profession or business, uses the services of Timeless Beauty Amsterdam (Timeless Beauty)
Agreement: the agreement for the delivery of products in the field of external care;
ARTICLE 1 – Applicability:
1. These General Terms and Conditions form part of all offers from and agreements with Timeless Beauty insofar as not expressly deviated from in writing.
2. Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Timeless Beauty
3. In the event that these terms and conditions and an agreement contain conflicting clauses, the agreement will prevail.
4. If any part of these terms and conditions is null and void or is nullified, the other provisions of these terms and conditions will remain in full force. The parties will be bound to make every effort to determine a replacement clause in consultation that is valid, and that reflects the original intentions of the parties as much as possible.
ARTICLE 2 – Offers and conclusion of the agreement:
1. All offers are without obligation unless expressly stated otherwise by Timeless Beauty.
2. Agreements to supply goods and/or services only bind Timeless Beauty after written confirmation. Actual execution by Timeless Beauty or an invoice sent by Timeless Beauty is equivalent to a written confirmation of the offer.
3. If the correctness of the content of this written confirmation is not contested within 8 days, also in writing, Timeless Beauty and the consumer are bound by it.
4. Offers from Timeless Beauty do not automatically apply to repeat orders.
5. Timeless Beauty cannot be held to its offer if the consumer should have understood that the request, or a part thereof, contained an obvious mistake or error.
6. Additions, changes and/or further agreements are only valid if agreed in writing.
ARTICLE 3 – Prices:
1. Unless stated otherwise, all prices are in Euros, including turnover tax (VAT).
2. Price increases after the conclusion of the agreement will not take place unless the price increase is the result of statutory regulations and/or provisions.
ARTICLE 4 – Delivery:
1. Timeless Beauty can charge shipping costs for sending ordered items.
2. The delivery of goods takes place at the delivery address known to Timeless Beauty, not being of a temporary nature, and delivered to the natural person who is at the delivery address.
3. The consumer must sign for receipt of the products. This is only different if the consumer has grounds for refusal based on the law.If the consumer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, the articles will be stored at the expense and risk of the consumer. The return freight, as well as the risk of damage or loss of the refused goods, are also entirely for the account of the consumer unless the consumer invokes the right to dissolve the purchase or replace the goods on good grounds.
4. The delivery obligation of Timeless Beauty will be fulfilled, subject to evidence to the contrary, as soon as the goods delivered by Timeless Beauty have been offered to the consumer. In the case of home delivery, the carrier's report, including the refusal of acceptance, serves as full proof of the offer to deliver, subject to evidence to the contrary.
ARTICLE 5 – Delivery time:
1. A delivery time specified by Timeless Beauty can never be regarded as a strict deadline. The delivery time only starts after all necessary information is in possession of Timeless Beauty
2. If items are available from stock, Timeless Beauty will endeavor to ensure delivery takes place within 24 hours.
3. If items are in stock at the supplier, Timeless Beauty will endeavor to ensure delivery takes place within 8 working days.
4. In the case of items that are not in stock or no longer available, that are delayed for other reasons, or of which the delivery cannot or can only be partially carried out, the consumer will receive a message about the options within one month after placing the order, and he/she has, in that case, the right to cancel the order without costs and notice of default.
ARTICLE 6 – Dissolution:
1. Without prejudice to the rights of Timeless Beauty based on the law, Timeless Beauty is entitled, by means of a written statement to that effect to the consumer, to suspend or dissolve the agreement in whole or in part with the right to compensation from the consumer, if, after agreeing, Timeless Beauty becomes aware of circumstances that give Timeless Beauty good grounds to fear that the consumer will not fulfill his obligations, or if Timeless Beauty has asked to provide security when agreeing to compliance and this security is not forthcoming or is insufficient (despite summons), as well as in the event of the consumer's bankruptcy, the consumer's own application for bankruptcy, suspension of payment, liquidation or a decision thereto, full or partial transfer of the business of the consumer or seizure of any part of his assets.
2. If circumstances arise with regard to persons and/or materials that Timeless Beauty uses or tends to use in the performance of the agreement, which is of such a nature that the performance of the agreement is impossible or so inconvenient and/or disproportionately becomes expensive, that compliance can no longer reasonably be required; Timeless Beauty is authorized to dissolve the agreement.
3. The consumer has the right to dissolve the agreement within a period of 14 days without giving any reason for delivered goods on the basis of an order with Timeless Beauty if there is a consumer purchase, in accordance with Article 7:5 of the Dutch Civil Code, unless expressly agreed otherwise. This period starts at the moment that the ordered goods have been delivered. If the consumer has not returned the delivered goods to Timeless Beauty after this period, the purchase is a fact. The consumer is obliged, before proceeding to return, to report this to Timeless Beauty within the period of 14 days after delivery. The consumer must prove that the delivered goods have been returned on time (no later than 10 working days after delivery), for example by means of proof of postal delivery. The return of the delivered goods is entirely at the expense and risk of the consumer. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the consumer, the right to dissolution within the meaning of this paragraph lapses.
With due observance of the provisions of the previous sentence, Timeless Beauty confirms the dissolution of the purchase immediately after receipt and inspection of the returned goods and ensures that within 30 days after proper receipt of the complete return shipment, the full purchase amount is paid to the consumer is refunded free of charge (excluding shipping costs).
ARTICLE 7 – Force Majeure:
1. Force majeure is understood to mean, in addition to what is understood in this regard by law and jurisprudence, all circumstances over which Timeless Beauty has no influence and which impede or make delivery of goods impossible, including but not limited to strikes atTimeless Beauty and/or suppliers, disruptions in the Internet or WAP, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties.
2. An appeal to force majeure can also be made if the circumstance that prevents (further) compliance occurs after Timeless Beauty should have fulfilled the obligation.
3. If the period in which fulfillment of the obligation by Timeless Beauty is not possible due to force majeure lasts longer than two weeks, both parties are authorized to dissolve the agreement, without any obligation to pay compensation in that case.
4. If Timeless Beauty has already partially fulfilled its obligations upon the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the consumer is obliged to pay this invoice as it concerns it as a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
ARTICLE 8 – Warranty:
1. The Timeless Beauty does not offer a more extensive guarantee on delivered goods than the guarantee (conditions) of the manufacturer of these goods, without however affecting the rights of the consumer arising from mandatory statutory provisions.
2. The Timeless Beauty is never responsible for the ultimate suitability of the items for each individual application by the consumer, nor for any advice regarding the use or application of the items.
3. The consumer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is incorrect, defective or incomplete, the consumer must immediately report these defects to Timeless Beauty Skincare in writing (before proceeding to return it to Timeless Beauty. Any defects or incorrectly delivered goods must and can be reported in writing to Timeless Beauty no later than 2 weeks after delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Putting into use after detection of defect, damage caused after detection of defect, encumbrance and/or resale after detection of defect, this right to complain and return expires completely.
4. If complaints from the consumer are found to be well-founded by Timeless Beauty,Timeless Beauty will, at its option, replace the delivered goods free of charge or make a written arrangement with the consumer about compensation, on the understanding that the liability of Timeless Beauty and therefore the amount of compensation is always limited to a maximum of the invoice amount of the relevant goods, or (at the option of Timeless Beauty) to the maximum amount covered by the liability insurance of Timeless Beauty in the relevant case.
5. Any liability of Timeless Beauty for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.
6. The Timeless Beauty is not liable for damage caused by intent or equivalent deliberate recklessness of non-managerial staff.
This warranty does not apply if:
7.1 As long as the consumer is in default towards Timeless Beauty;
7.2 The consumer has repaired and/or processed the delivered goods himself or has had them repaired and/or processed by third parties;
7.3 The delivered goods have been exposed to abnormal conditions or are otherwise carelessly treated or have been treated contrary to the instructions of Timeless Beauty and/or instructions for use on the packaging;
7.4 The defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.
ARTICLE 9 – Payment:
1. Unless agreed otherwise, payment must be made through one of the methods indicated on the site. Payment in installments is not possible.
2. After the expiry of fourteen days after the invoice date, the consumer is legally in default and from that moment onwards owes interest of 1% per month on the amount due, unless the statutory interest is higher, in which case the statutory interest applies, whereby a part of a month is counted as a whole month.
3. In the event of bankruptcy or suspension of payment of the consumer or an application thereto, the claims of Timeless Beauty and the obligations of the consumer towards Timeless Beauty are immediately due and payable.
4. If Timeless Beauty has to hand over its claim for collection, the consumer owes a fixed amount of 15% of the extrajudicial collection costs due, with a minimum amount of 250 euros.
5. If Timeless Beauty can demonstrate that it has incurred higher costs that were reasonably necessary, these will also be eligible for reimbursement
ARTICLE 10 – Retention of title:
1. The ownership of all goods sold and delivered to the consumer by Timeless Beauty remains with Timeless Beauty as long as the consumer has not paid the claims of Timeless Beauty under the agreement or earlier or later similar agreements, as long as the consumer has performed or work still to be performed under this or similar agreements has not yet been paid and as long as the consumer has not yet paid the claims of Timeless Beauty due to failure to comply with such obligations, including claims in respect of fines, interest and costs, a and other as referred to in Section 3:92 of the Dutch Civil Code.
2. The goods delivered by Timeless Beauty that fall under the retention of title may only be resold within the framework of normal business operations and may never be used as a means of payment.
3. The consumer is not authorized to pledge or encumber in any other way the goods subject to retention of title.
4. The consumer now gives unconditional and irrevocable permission to Timeless Beauty or a third party to be appointed by Timeless Beauty to enter all those places where its property will be located in all cases in which Timeless Beauty wishes to exercise its property rights and to take things there.
5. If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the consumer is obliged to inform Timeless Beauty of this as soon as may reasonably be expected.
6. The consumer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection to Timeless Beauty upon first request.
ARTICLE 11 – Privacy:
1. The Timeless Beauty respects the privacy of online visitors to its website and is the sole owner of the information obtained through this website, unless otherwise indicated. This information is not sold, shared or rented by Timeless Beauty to third parties in any way other than as stated in this privacy statement.
2. Information from which the identity of an online visitor to the Timeless Beauty website can be derived is voluntarily provided by the visitor. This information may be used within Timeless Beauty(and all its subsidiaries and brands) with the aim of making visits to our websites as simple and enjoyable as possible. In addition, this information may be used for analysis and to provide information about the product portfolio of Timeless Beauty. The consumer gives explicit permission for this. The Timeless Beauty is entitled to disclose information about users when we believe in good faith that the law requires it.
3. The Timeless Beauty ensures appropriate security of the personal data it holds, in line with the applicable legal requirements and guidelines.
4. The Timeless Beauty does not store personal data that it processes for longer than is necessary for the purpose of data processing or is required by law.
5. The Timeless Beauty collects non-personal information about our online visitors in order to determine the total number of visitors to the website, as well as the type of internet browser and operating system used. Personal data can be removed at the request of the online visitor, insofar as this does not require disproportionate effort or costs for Timeless Beauty.
ARTICLE 12 – Intellectual Property:
1. Unless expressly agreed otherwise in writing, the full copyrights and all other intellectual and industrial property rights with regard to the goods or services supplied byTimeless Beauty, such as trademark rights, design rights, patent rights, sui generis database rights, etc., are exclusively vested in Timeless Beauty and/or its suppliers.
The parties undertake to take sufficient measures to ensure confidentiality with regard to each other's data of a confidential nature of which they become aware during the performance of the agreement.
ARTICLE X – Allergic Reactions and Product Use
1. Product Ingredients and Consumer Responsibility:
1.1 Timeless Beauty Amsterdam ensures that all product ingredients are accurately listed on the product packaging and on our website. It is the consumer’s responsibility to carefully review the product ingredients to avoid purchasing items containing allergens or ingredients that may cause adverse reactions.
1.2 By purchasing our products, the consumer acknowledges that they are aware of their personal sensitivities and allergies and have reviewed the product information before use.
2. Liability for Allergic Reactions:
2.1 Timeless Beauty Amsterdam cannot be held liable for any allergic reactions, skin irritations, or other adverse effects resulting from the use of our products if all relevant ingredient information has been properly disclosed on the packaging and on the website.
2.2 The consumer is encouraged to perform a patch test before full use of the product, especially if they have known allergies or sensitive skin.
3. Warranty and Refunds for Adverse Reactions:
3.1 In the event of an allergic reaction, the consumer should immediately stop using the product and contact us. Timeless Beauty Amsterdam will assess the situation on a case-by-case basis. Refunds or replacements may be provided if the product is proven to be defective or non-conforming to the agreed specifications, but not in cases where the ingredients have been properly disclosed.
3.2 The consumer is not entitled to claim damages or compensation beyond the refund or replacement of the product.
4. Medical Advice Disclaimer:
4.1 The products sold by Timeless Beauty Amsterdam are intended for external cosmetic use only and are not intended to treat, cure, or prevent any medical conditions. If you experience any medical concerns or reactions, we advise seeking advice from a healthcare professional.
5. Limitation of Liability:
5.1 Timeless Beauty Amsterdam’s liability is limited to the purchase price of the product in question. Timeless Beauty Amsterdam is not liable for any indirect or consequential damages, including medical expenses, arising from the use of the product.
ARTICLE 14 – Applicable law and disputes:
Dutch law applies exclusively to all offers and agreements of Timeless Beauty. The applicability of the Vienna Sales Convention is expressly excluded.
For questions and/or complaints, consumers can contact Timeless Beauty at:
E-Mail: info@timelessbt.nl
Tel: +31639756237
Our customer service is available from Tuesday to Saturday, from 09:30 to 17:30.
We aim to address complaints within 30 days. If, for any reason, this is not possible, we will inform the consumer of the expected delay.
Consumers also have the option to submit disputes to an independent disputes committee. This may include the Thuiswinkel disputes committee or another equivalent disputes committee. This option does not affect the consumer's right to escalate the dispute to a competent court.