General conditions

General terms and conditions

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

1. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance
2. 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
3. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication
4. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time
5. Grace period: the period within which the consumer can exercise his right of withdrawal
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection period
7. Day: calendar day
8. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time
9. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2 - Identity of the entrepreneurr

L'OYÉ COSMETICS
Boerenkamplaan 109 C
5712AD
Someren
The Netherlands
Customer service can be reached at the phone number : +31 (0)85 065 7373 
Contact form: www.loye.nl/pages/contact-us
Email: info@loyecosmetics.com
Chamber of Commerce number: 58155325
VAT number: NL001283181B70

Article 3 - Applicability

1. These general conditions apply to any offer from the entrepreneur and any distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general conditions, the consumer can always rely on the applicable provision that is most favorable to him.

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. 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:

• the price including taxes
• any costs of delivery
• the manner in which the agreement will be concluded and what actions are necessary to achieve this
• whether or not the right of withdrawal is applicable
• the method of payment, delivery or performance of the agreement
• the period for accepting the offer, or the period for adhering to the price
• the level of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate
• if the contract is archived after its conclusion, how it can be consulted by the consumer
• the manner in which the consumer before the conclusion of the agreement by him not wanted can become aware of, and the manner in which he can rectify before the agreement is concluded
• any languages other than Dutch in which the contract can be concluded
• the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically
• the minimum duration of the distance contract in the event of a contract for continuous or periodic delivery of products or services.

Article 5 - The agreement

1. The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions thereby stipulated.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his 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 application or to attach special conditions to the implementation, while stating his reasons.
5. With the product or service the entrepreneur will send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
6. The prices mentioned in the offer of products or services include VAT
   a. The visiting address of the establishment of the entrepreneur to which the consumer can address complaints;
   b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
   c. the information on existing after-sales service and warranties;
   d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;
   e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
7. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal on delivery of products

1. When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of fourteen working days. This period starts the day after receipt of the product by or on behalf of the consumer.
2. Cosmetic articles can only be returned for hygiene reasons when the airtight seal is still intact.

Article 7 - Costs in case of withdrawal

1. If the consumer uses his right of withdrawal, at most the costs of return shipment will be for his account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 - Exclusion of right of withdrawal

Due to hygiene reasons, it is not possible to return used cosmetic articles.

Article 9 - The price

1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
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.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and: a. they are the result of statutory regulations or provisions; or b. the consumer has the power to terminate the contract on the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

Article 10 - Compliance and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement.
2. An arrangement offered as a guarantee by the trader, manufacturer or importer does not affect the rights and claims that the consumer can assert against the trader in respect of a shortcoming in the performance of the trader's obligations under the law and/or the distance contract.

Article 11 - Delivery and implementation

1. The entrepreneur will take the greatest possible care when receiving and in the execution of orders of products and in the assessment of applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this at the latest one month after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and right to possible compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

Article 12 - Payment

1. To the extent not subsequently agreed, the amounts owed by the consumer should be paid within fourteen days after delivery of the goods or, in case of an agreement to provide a service, within 14 days after issuance of the documents relating to this agreement.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment is stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has the duty to report inaccuracies in payment information provided or stated immediately to the entrepreneur.
4. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.

Article 13 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has found the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

Article 14 - Additional or different provisions

Additional or different provisions of these general conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer in an accessible way can be stored on a durable medium.