Terms and Conditions
Terms and Conditions
Table of contents
- Article 1 - Definitions
- Article 2 - Identity of the entrepreneur
- Article 3 - Applicability
- Article 4 - The Supplier Offering
- Article 5 - The commitment and obligations of the entrepreneur
- Article 6 - Right of withdrawal
- Article 7 - Costs in the event of a revocation
- Article 8 - Exclusion of the right of withdrawal
- Article 9 - The price and fee
- Article 10 - Conformity and guarantee
- Article 11 - Delivery and implementation
- Article 12 - Payment
- Article 13 - Complaints procedure
- Article 14 - Disputes
Article 1 - Definitions
These conditions apply below:
1. General conditions: The conditions included in this document that apply to the commitment between entrepreneur and consumers.
2. Single time: the period within which the consumer can use his right of withdrawal.
3. FEE: The difference between the purchasing price of entrepreneur at the supplier and the supplier's prize offered on the website of entrepreneur.
4. Service: The work offered by the entrepreneur on the basis of the consumer commitment, mainly consisting of offering and supporting the website and the on behalf of consumers concluding a supplier agreement.
5. Consumer: the natural person who does not act in the exercise of profession or business and an agreement enters into with the entrepreneur.
6. Day: calendar day.
7. Sustainable data carrier: any means that enables the consumer or entrepreneur to store information that is personally focused on him in a manner that allows future consultation and unaltered reproduction of the stored information.
8. Goods: The products offered by the supplier via the website of entrepreneur to consumers.
9. Right of withdrawal: the possibility of consumers to dissolve the agreement within a period of 14 days within the day of reasons, from the day after the day of receipt.
10. Supplier: A third party not affiliated with an entrepreneur, concluding consumers through the Website and the Services an agreement for the delivery of certain goods.
11. Model form: The model form for revocation that the entrepreneur provides that a consumer can complete when he wishes to make use of his right of withdrawal.
12. Entrepreneur: Draaijer Sales
13. Agreement: an agreement concluded between consumer and supplier via the website of entrepreneur.
14. Price: The prize that supplier charges consumers in concluding an agreement. The price is - unless stated otherwise - including VAT.
15. Commitment: the agreement concluded between consumers and entrepreneur to use the website and services.
16. Website: www.clicktobuy.nl and the webshop offered thereon consisting of a digital offer platform on which goods from the supplier are offered, traded, sold and / or promoted consumers and consumers can conclude a remote agreement with supplier if desired.
Article 2 - Identity of the entrepreneur
Yellowhair Healthcare acting under the name Head lice
Stinzenlaan 122
7392 AD Twello
The Netherlands
E-mail address: haarluisnederland@hotmail.com
Article 3 - Applicability
1. These general terms and conditions apply to any undertaking established between entrepreneur and consumers, as well as the agreement between consumer and supplier.
2. The text of these General Terms and Conditions shall be made available to the consumer electronically in such a way that it can easily be stored by the consumer on a sustainable data carrier. However, if this is not reasonably possible, before the agreement is concluded, it will be specified where the general terms and conditions can be reached electronically and that they will be sent electronically or otherwise at the request of the consumer.
3. In the event that, in addition to these general terms and conditions, specific product or service conditions of the supplier are also applicable, the second and third paragraph of corresponding application and consumers can always rely on the applicable provision in the event of conflicting general terms and conditions that most favorable for him.
4. If one or more provisions in these General Terms and Conditions at any time are wholly or partially destroyed at any time, the agreement and those conditions for the rest shall remain and the relevant provision will be replaced by a provision without delay by a provision that The scope of the original approached as much as possible.
5. Situations that are not regulated in these general terms and conditions must be assessed 'to the Spirit' of these General Terms and Conditions.
6. Amberation about the explanation or content of one or more provisions of our conditions should be explained 'to the Spirit' of these General Terms and Conditions.
Article 4 - The Supplier Offering
1. The goods offered on the website are only offered by a supplier selected by an entrepreneur. If an offer has a limited validity period or is subject to conditions, this is stated by the Supplier in the Offering.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the supplier's offer.
3. The delivery time (s) mentioned in the range are an indication. Entrepreneur does not guarantee consumers that the goods are supplied within the delivery time by the Supplier.
3. Entrepreneur does not guarantee consumers that the Supplier's offer contains a complete and precise description of the goods offered. Apparent errors or apparent errors in the range do not bind the entrepreneur.
4. All images, specifications Data in the offer are indication and cannot be a reason for compensation or termination of the agreement.
5. Images of products are the best possible display of the products offered. Entrepreneur cannot guarantee that the colors shown exactly match the real colors of the products.
5. Each offer contains such information that is clear to the consumer what the rights and obligations are attached to the acceptance of the offer. This in particular concerns:
• the price including taxes;
• the possible costs of shipment;
• the way in which the agreement will be established and what acts are necessary for this;
• the right of withdrawal;
• the method of payment, delivery and implementation of the agreement;
• the amount of the remote communication rate if the costs of using the engineering technique are calculated remotely to a basis other than the regular basic rate for the means of communication;
• whether the agreement is archived after the creation, and if so how to consult it for consumers;
• the way in which the consumer, for the conclusion of the agreement, can check the data provided by it under the Agreement and if desired and;
• The codes of conduct to which the entrepreneur has been subjected and the way in which the consumer can consult these codes of conduct electronically.
Article 5 - The commitment and obligations of entrepreneur
1. A commitment is automatically established if consumers want to make use of the services and an agreement with supplier via the website.
2. When entering into a commitment, the obligations of entrepreneur are limited to the provision of the consumer services. Entrepreneur does not produce the goods and does not make it available.
3. If consumers concluded a commitment and conclude an agreement, entrepreneur will immediately confirm this by electronic means (also on behalf of the supplier).
4. Entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data.
5. Payments must be carried out electronically by consumers. To this end, entrepreneur will take appropriate safety measures.
6. The entrepreneur will be the following information in writing or in such a way that it can be stored in a sustainable data carrier in a consumer in such a way that it can be stored in an accessible manner.
a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
b. The conditions under which the rights in which the Consumer can make use of the right of withdrawal or a clear report on being excluded from the right of withdrawal;
c. the information about guarantees and existing service after purchase;
d. The data included in Article 4, paragraph 5 of these conditions, unless entrepreneur has already provided this information to consumer before the implementation of the agreement;
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the products in question.
Article 6 - Right of withdrawal
Upon delivery of goods:
1. In purchasing goods, consumers have the option of dissolving the agreement without giving reasons for 14 days. This concerns about the day after receiving accounted by consumer or a presumer designated by consumer and the representative announced by consumer.
2. The consumer has the ability to primarily call his right of withdrawal towards the supplier. In that case, the entrepreneur will mediate on behalf of consumers, if required, and provide any proceeds. This is without prejudice that consumer has the possibility to exercise the rights listed in this article towards the entrepreneur who will act in that capacity on behalf of and for the supplier and the resulting obligations.
3. During the reflection time, consumer will handle the product and packaging carefully. Consumers will only unpack or use the product to the extent that it is necessary to be able to assess whether he wishes to preserve the product. If he uses his right of withdrawal, he will deliver well with all supplied accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur as stated in Article 5 under 6b of these General Terms and Conditions .
4. When consumers wish to make use of his right of withdrawal, he is obliged to express this within 14 days, after receiving the product, to either the supplier, or the entrepreneur. Making it consumable must do consumers through the model form. After consumer has made known to use his right of withdrawal, he must return it within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example through proof of shipment.
5. If consumers did not want to make use of its right-hand rights referred to in paragraphs 2 and 3 after the time limits referred to in paragraphs 2 and 3, respectively.
Article 7 - Costs in the event of a revocation
1. If consumer uses his right of withdrawal, the costs of return will be charged at most.
2. If consumers have paid the price (partly), the supplier, or entrepreneur, will refund this amount as soon as possible, but no later than within 14 days after cancellation. It is therefore the condition that it has already been properly received by supplier or entrepreneur, or can be submitted concluding proof of complete return.
Article 8 - Exclusion of the right of withdrawal
1. The supplier and entrepreneur may exclude the Consumer's right of withdrawal for goods as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if this is clear, at least timely before the conclusion of the agreement, on the website.
2. Exclusion of the right of withdrawal is only possible for goods:
a. which cannot be returned by their nature;
b. who can spoil or aging quickly;
c. whose price is bound to fluctuations on the financial market to which the entrepreneur has no influence;
d. For loose newspapers and magazines;
e. For audio and video recordings and computer software whose consumer has broken the seal;
h. For hygienic products whose consumer has broken the seal.
Article 9 - The price and fee
1. During the period of validity specified in the range, the prices of the goods offered by the Supplier are not increased, subject to price changes due to changes in VAT rates.
2. By way of derogation from the previous paragraph, the supplier may offer products whose prices are bound to fluctuations on the financial market and where the supplier does not affect variable prices. This bondage to fluctuations and the fact that any stated prices are target prices are stated in the supply.
3. The prices mentioned in the range of products or services include VAT.
4. All prices are subject to pressure and eating errors. No liability is accepted for the consequences of pressure and putting errors. In printing and putting errors, the supplier is not obliged to deliver the product according to the incorrect price.
5. In the conclusion of an agreement, an entrepreneur is entitled to the fee and the entrepreneur shall ensure payment of the supplier and transmission of required data to supplier, so that these directly can deliver the goods to consumers. Any costs and (tax) levies for imports of goods outside the EU are borne by consumer.
Article 10 - Conformity and guarantee
1. Supplier shall ensure that the products comply with the agreement, the specifications mentioned in the offer, to the reasonable requirements of reliability and / or usability and the legal provisions and / or public regulations existing on the date of the conclusion of the agreement . If agreed, the supplier is also in that it is well suited for other than normal use.
2. A guarantee provided by the supplier does not affect the legal rights and claims that the consumer can apply to the entrepreneur under the commitment. In that case, the consumer has the option to exercise the rights referred to in this article towards the entrepreneur who will act in that capacity on behalf of and for the supplier and the resulting obligations.
3. Any defects or incorrectly delivered products must be reported to the supplier in writing or entrepreneur within 4 weeks of delivery. Return to the products should be done in the original packaging and in new condition.
4. The supplier's warranty period corresponds to the factory guarantee period. However, the supplier nor the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
o the consumer has repaired and / or edited the delivered products themselves or have it repaired and / or editing by third parties;
o the products supplied to abnormal conditions are exposed or otherwise treated carelessly or contrary to the supplier's instructions or entrepreneur and / or packaging respectively;
o The defendence is completely or partially the result of regulations that the government has asked or will set with regard to the nature or quality of the materials used.
Article 11 - Delivery and implementation
1. Entrepreneur is responsible for transferring the required data to supplier via, among others, the website. The supplier will comply with the greatest possible care when receiving and the execution of orders of goods.
2. As a place of delivery, the address applies that the consumer has made known to the Supplier respectively. Consumers bear responsibility for the accuracy of the (address) data provided by consumer. In case they are not delivered correctly, entrepreneur and / or supplier accepts no liability for non-received goods.
3. If the delivery is delayed, or if an order cannot be executed only or only partially, consumers will receive this no later than 30 days after he has placed the order message. In that case, consumers have the right to dissolve the agreement at no cost. Consumers are not entitled to compensation.
4. All delivery times are indicative and depending on the site of manufacture by the supplier. Consumers cannot derive any rights to any aforementioned periods. Exceeding a period does not give the consumer right to compensation.
5. In the event of dissolution of the agreement, the supplier, or entrepreneur, C.Q. will refund the amount that the consumer has paid as soon as possible, but no later than within 14 days after dissolution.
6. If delivery of a good impossible appears to be, the entrepreneur will endeavor to make a replacement product available. At the latest when delivery will be reported in a clear and comprehensible manner that a replacement product is supplied. With replacement products, the right of withdrawal cannot be excluded. The costs of a possible return shipment are for the expense of supplier, or entrepreneur, dependent on whom consumers decide.
7. The risk of damaging and / or loss of goods is based on the supplier or entrepreneur to the moment of delivery to the consumer or a pre-appointed representative known to the supplier or entrepreneur, respectively, unless explicitly agreed otherwise.
8. Consumer must be paid by the supplier within 60 days of confirming the supplier on the non-receipt of ordered goods in accordance with the complaints procedure provided for in Article 13, on penalty of decline.
Article 12 - Payment
1. To the extent that it has not been agreed otherwise, the amounts due by the consumer must be met within 7 working days after entering the withdrawal period as described in Article 6 of these General Terms and Conditions.
2. The consumer has the obligation to report inaccuracies in the supplier or entrepreneur without delay in the payment or mentioned payment details.
3. In the event of a consumer default, the entrepreneur has subject to legal restrictions, the right to charge the reasonable costs incurred in advance to the consumer.
Article 13 - Complaints procedure
1. Entrepreneur has a sufficiently announced complaints procedure and deals with the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be fully and clearly defined within 7 days in writing to an entrepreneur after the consumer has found the defects.
3. Complaints submitted to entrepreneur are recognized within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, an entrepreneur responds within the period of 14 days with a notice of receipt and an indication when consumer can expect a more detailed answer.
4. In the event of complaints, consumers must be used to an entrepreneur.
5. If a complaint is found to be well founded by an entrepreneur, the entrepreneur will replace or repair the delivered goods free of charge to its choice by supplier.
6. If the complaint cannot be resolved in mutual consultation, a dispute that is susceptible to the dispute settlement.
Article 14 - Disputes
1. On all commitments between entrepreneur and consumer to which these general terms and conditions relate, Dutch law applies exclusively. Even if the consumer lives abroad.
2. The Vienna Sales Convention and any other applicable international regulation whose application may be excluded shall not apply to these general terms and conditions and other commitments.