Article 1 - Definitions
For the purposes of these terms and conditions:
1. Withdrawal period: the period within which the Buyer who is a Consumer may exercise his right of withdrawal;
2. Consumer: the natural person not acting in the exercise of a profession or business and entering into a Distance Contract with Sansbeauté MEN;
3. Right of withdrawal: the possibility for the Consumer to renounce the Distance Contract within the Reminder Period;
4. Buyer: the party with whom a Distance Contract is concluded, whether or not it is a Consumer;
5. Model revocation form: the model revocation form provided by Sansbeauté MEN that a Consumer can fill in when he wishes to exercise his right of revocation.
6. Sansbeauté MEN: the natural or legal person who offers products and/or services to Consumers at a distance;
7. Distance contract: an agreement whereby, through the Sansbeauté MEN website or another system organized by Sansbeauté MEN for the distance sale of products, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
8. General Terms and Conditions: these Sansbeauté MEN General Terms and Conditions
Article 2 - Identity of Sansbeauté MEN
Trade Name: RD Commerce
Stainless steel number: 74735411
VAT number: NL002380706B49
Article 3 - Services (Dropshipping)
1. Sansbeauté MEN is a dropshipping company. This means that through the Sansbeauté MEN website, it is possible to purchase products from third parties, whether or not they are based in the European Union. Placing an order via the Sansbeauté MEN website implies that the Purchaser gives Sansbeauté MEN the order (and authorisation) as an intermediary to order the product from the supplier of the relevant product ("Supplier") on behalf of and for the account of the Purchaser. The Supplier shall ship the product directly to the Purchaser.
2. If the Supplier is established outside the Netherlands, the product shall be imported in the name of the Purchaser. Purchaser shall bear any additional costs, such as import VAT and (customs) clearance charges. Incidentally (at the time of drafting these General Terms and Conditions) no import VAT or customs clearance charges shall apply to shipments from a non-EU country to the Netherlands with a value not exceeding EUR 22 (excluding shipping costs).
3. The Purchaser who is a Consumer may apply to Sansbeauté MEN for the exercise of all legal rights he has against the Supplier, provided that the provisions of these General Terms and Conditions are complied with.
4. Payment for the purchased product shall be made through Sansbeauté MEN, which will make payment to the Supplier on behalf of the Purchaser. The price payable by the Purchaser is not necessarily equal to the price paid by Sansbeauté MEN to the Supplier. Any difference between these amounts will then be considered as compensation for the mediation service provided by Sansbeauté MEN.
Article 4 - Applicability
1. These General Terms and Conditions apply to any offer of Sansbeauté MEN orders from a Purchaser to Sansbeauté MEN and to any Distance Contract concluded with a Purchaser (including supplemental, amended and follow-up agreements). The applicability of any general or (purchase) terms and conditions of Sansbeauté MEN's counterparties is expressly rejected.
2. Before the Distance Contract is concluded with a Consumer, the text of these General Terms and Conditions will be made available to the Consumer or made available to the Consumer electronically in such a way that the Consumer can easily store them on his computer or another durable data carrier. If this is not reasonably possible, prior to the conclusion of the Distance Contract it will be indicated where the General Terms and Conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the Consumer's request.
3. If one or more provisions of these General Terms and Conditions are at any time wholly or partially null and void or annulled, the Agreement and these Terms and Conditions will otherwise remain in force and the provision in question will be replaced immediately by a provision that approximates the purport of the original as closely as possible in mutual consultation.
Article 5 - The offer
1. Each offer has a limited period of validity, i.e. either the period during which the offer is made on the Sansbeauté MEN website, or until the moment that the products in question are no longer in stock ("run out"). If the offer is made under specific conditions, this will be expressly stated in the offer.
2. The offer is without obligation. Sansbeauté MEN is entitled to change and amend the offer. If an agreement has been concluded with Sansbeauté MEN, the latter will confirm the agreement by e-mail.
3. Delivery times on Sansbeauté MEN's website are indicative and, if exceeded, do not entitle the Buyer to dissolution or compensation, unless expressly agreed otherwise.
4. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the Buyer to make a proper assessment of the offer. Sansbeauté MEN is not bound by an offer if the Buyer could reasonably have expected or should have expected or should have understood that the offer contains an obvious mistake or slip of the pen. The Buyer cannot derive any rights from this mistake or error.
5. All illustrations and specifications and other information in the offer are indicative and, in the event of inaccuracy and/or deviations, cannot give rise to compensation or termination of the agreement (unless it concerns deviations from the essential product characteristics to such an extent that it is actually a different product than that ordered by the Buyer).
6. Images of products are a true representation of the products offered. Sansbeauté MEN cannot guarantee that the colors shown correspond exactly with the real colors of the products.
Article 6 - The price
PLEASE NOTE: Because Sansbeauté MEN is an "intermediary" as mentioned in article 3, the prices mentioned in the offer are exclusive of VAT and other government levies as well as shipping and possible transport and packaging costs, unless explicitly stated otherwise. For consumers, a price exclusive of VAT, taxes and shipping costs will therefore be shown.
2. Buyer is solely responsible for the import and payment of VAT and any import duties on the products purchased by Buyer. Buyer shall be deemed to be in possession of any required import and/or payment licenses. The absence or revocation of these licenses does not release Buyer from its obligation to purchase the goods in the agreed manner. If Sansbeauté MEN does not sell the goods cleared through customs, this will not entitle the Buyer to cancel the order. If the Buyer is required to pay import duties, these costs will be entirely at the expense and risk of the Buyer. Nor can the right to cancel the order be derived from a change in any quality regulations and/or objections made by third parties to the goods on the grounds of patents, trademarks and other rights.
3. The prices mentioned in the offer are based on the cost factors applicable at the time of the conclusion of the agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes. Any advantageous and disadvantageous differences at the time of arrival, departure or delivery shall be for the benefit or at the expense of the Buyer respectively.
4. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, Sansbeauté MEN is not obliged to deliver the product at the incorrect price.
5. A compound quotation does not oblige Sansbeauté MEN to deliver any part of the items included in the offer or quotation at a corresponding part of the quoted price.
Article 7 - The agreement
1.Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the Buyer of the offer and compliance with the conditions set out therein.
2. If the Buyer has accepted the offer by electronic means, Sansbeauté MEN will immediately confirm receipt of acceptance of the offer by electronic means. As long as Sansbeauté MEN has not confirmed receipt of this acceptance, the Purchaser may dissolve the agreement.
3. If the agreement is concluded electronically, Sansbeauté MEN will take appropriate technical and organisational measures to secure the electronic transmission of data and will ensure a secure web environment. If the Purchaser is able to pay electronically, Sansbeauté MEN will take appropriate security measures to this end.
4. Sansbeauté MEN may inform itself - within the limits of the law - whether the Buyer is able to meet its 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, Sansbeauté MEN has good grounds for not entering into the Agreement, it is entitled to refuse an order or request, stating its reasons, or to attach special conditions to its performance.
5. Sansbeauté MEN will accompany the product or service to a Consumer with the following information, in writing or in such a way that it can be stored by the Consumer in an accessible manner on a durable data carrier:
6. The conditions under which and the manner in which the Consumer may exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
7. The information on warranties and existing after-sales service;
8. If the Consumer has a right of withdrawal, the model withdrawal form.
9. The Purchaser shall ensure that all information which Sansbeauté MEN indicates is necessary or which the Purchaser should reasonably understand is necessary for the performance of the agreement is provided to Sansbeauté in a timely manner. If the information required for the execution of the agreement is not provided to Sansbeauté MEN in good time, Sansbeauté MEN will be entitled to suspend the execution of the agreement and/or charge the additional costs resulting from the delay to the Purchaser at the usual rates.
10. Sansbeauté MEN will not be liable for any damage, of whatever nature, that has occurred as a result of Sansbeauté MEN acting on the basis of incorrect and/or incomplete information provided by the Purchaser, unless Sansbeauté MEN was aware of such inaccuracy or incompleteness.
Article 8 - Right of withdrawal
1. When purchasing products, the Buyer who is a Consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period commences on the day following receipt of the product by the Consumer or a representative designated by the Consumer and notified to Sansbeauté MEN in advance.
2. During the cooling-off period, the Consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to Sansbeauté MEN with all delivered accessories and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by Sansbeauté MEN.
3. If the Consumer wishes to exercise his right of withdrawal, he must notify Sansbeauté MEN within 14 days of receipt of the product. The Consumer must inform Sansbeauté MEN by means of the Model form. After the Consumer has indicated that he wishes to exercise his right of withdrawal, the Customer must return the product within 7 days. The Consumer must prove that the delivered goods have been returned on time, for example by means of proof of dispatch.
4. If, at the end of the periods referred to in paragraphs 2 and 3, the customer has not made it known that he wishes to exercise his right of withdrawal or has not returned the product to Sansbeauté MEN, the sale is a fact.
Article 9 - Costs in the event of revocation
1. If the Consumer makes use of his right of withdrawal, the costs of return shall be borne by him.
2. If the Consumer has paid an amount, Sansbeauté MEN will refund this amount as soon as possible, but no later than 14 days after revocation. This is subject to the condition that the product has already been received back by Sansbeauté MEN or the Supplier or that conclusive proof of complete return can be provided. Refunds will be made using the same payment method used by the Consumer unless the Consumer expressly consents to another payment method.
3. In the event of damage to the product due to careless handling by the Consumer himself, the Consumer is liable for any reduction in value of the product.
Article 10 - Exclusion Right of withdrawal
The following products are excluded from the right of withdrawal:
1. products that are clearly personal in nature;
2. products which cannot be returned due to their nature;
3. products that can spoil or age quickly;
4. products whose price is subject to fluctuations in the financial market over which Sansbeauté MEN has no influence;
5. audio and video recordings and computer software of which the Buyer has broken the seal;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
7. products manufactured to Buyer's specifications at Buyer's request;
8. sealed audio, video recordings and computer software, the seal of which has been broken after delivery.
Article 11 - Conformity and Warranty
1. Sansbeauté MEN guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. Sansbeauté MEN points out that certain products, including external care products, have a limited expiration date, which is always applicable to the product in question.
2. A guarantee provided by Sansbeauté MEN, the Supplier, a manufacturer or importer does not affect any legal rights and claims that the Consumer may have against Sansbeauté MEN under the contract. 3. Sansbeauté MEN must be notified in writing of any defects or incorrectly delivered products within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
4. Sansbeauté MEN's warranty period corresponds to the manufacturer's warranty period. However, Sansbeauté MEN is never responsible for the final suitability of the products for any individual application by the Consumer, nor for any advice regarding the use or application of the products.
5. In the event of a warranty claim, Sansbeauté MEN will, at its discretion, provide replacement or repair. In the event of replacement, the Purchaser undertakes to return the replaced item to Sansbeauté MEN.
The warranty does not apply if:
The Consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
The products supplied have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to Sansbeauté MEN's instructions and/or have been treated on the packaging;
The defects are wholly or partially the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
Article 12 - Delivery and execution
Sansbeauté MEN will handle orders of products with the utmost care.
The place of delivery will be the address given by the Purchaser to Sansbeauté MEN.
Sansbeauté MEN will process accepted orders expeditiously. All delivery periods are indicative, however, for delivery of products originating from outside the Netherlands, longer delivery periods apply than those indicated on the website. This period depends on the Supplier's delivery time. The Purchaser may never derive any rights from any of these periods. In the event that an order cannot be carried out or can only be carried out in part, the Purchaser shall receive notice of this no later than 30 days after he has placed the order. In that case, the Purchaser who is a Consumer shall have the right to dissolve the contract free of charge with regard to the products that cannot be delivered or not delivered within a reasonable period of time. Sansbeauté MEN is entitled to deliver the goods in parts, unless this has been deviated from by agreement or the partial delivery does not have an independent value. Sansbeauté MEN is entitled to invoice the goods thus delivered separately. Exceeding a term does not entitle the Purchaser to compensation.
In the event of dissolution in accordance with the provisions of paragraph 3 of this article, Sansbeauté MEN will refund the amount paid by the Purchaser as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product turns out to be impossible, Sansbeauté MEN will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by Sansbeauté MEN.
The risk of damage and/or loss of products rests with Sansbeauté MEN until the moment of delivery to the Purchaser or a representative appointed in advance and notified to Sansbeauté MEN, unless expressly agreed otherwise. Acceptance of goods without any comments on the bill of lading/invoice will serve as proof that the packaging was in good condition at the time of delivery.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the Buyer must be paid immediately after placing the order (or entering into the agreement).
The Buyer is obliged to report any inaccuracies in the payment details provided or stated to Sansbeauté MEN without delay.
If the Consumer fails to fulfil his payment obligation(s) on time, he will owe Sansbeauté MEN the statutory interest on the outstanding amount(s) after being notified by Sansbeauté MEN of the late payment and Sansbeauté MEN has granted the Consumer a period of 14 days in which to fulfil his payment obligations, after the failure to pay within this 14-day period, and Sansbeauté MEN will be entitled to charge Sansbeauté MEN the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the following € 5,000, with a minimum of € 40. Sansbeauté MEN may deviate from these amounts and percentages for the benefit of the Consumer.
Article 15 - Force majeure
Sansbeauté MEN is not liable to the Purchaser if it is unable to fulfil its obligations under the agreement due to a situation of force majeure. Force majeure shall in any case include, in addition to what is understood by law and jurisprudence in this respect: (i) force majeure of Sansbeauté MEN's suppliers, (ii) government measures, (iii) power failure, (iv) failure of the Internet, data network and telecommunication facilities (e.g. by: cybercrime and hacking), (v) natural disasters, (vi) war and terrorist attacks, (vii) general transport problems, (viii) strikes at Sansbeauté MEN premises and (ix) other situations beyond Sansbeauté MEN control that temporarily or permanently prevent it from fulfilling its obligations.
The parties may suspend the obligations arising from the agreement during the period of force majeure. If this period lasts longer than two months, either party will be entitled to terminate the agreement, without any obligation to compensate the other party for damages.
To the extent that Sansbeauté MEN has already partially fulfilled its obligations under the agreement or will be able to fulfil them at the time the force majeure occurs, and that the part already fulfilled or to be fulfilled, respectively, has independent value, Sansbeauté MEN will be entitled to invoice the part already fulfilled or to be fulfilled separately. The Purchaser is obliged to pay this invoice as if it were a separate agreement.
Article 16 - Complaints
In the event of a complaint, the Buyer should first contact Sansbeauté MEN. A complaint does not suspend Sansbeauté MEN's obligations unless Sansbeauté MEN indicates otherwise in writing.
Complaints about the execution of the agreement must be submitted to Sansbeauté MEN in full and clearly described within 7 days after the Purchaser has discovered the defects.
Complaints submitted to Sansbeauté MEN will be replied to within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Sansbeauté MEN will respond within 14 days with an acknowledgement of receipt and an indication of when the Purchaser can expect a more detailed response.
The Purchaser must give Sansbeauté MEN at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute will arise that is subject to dispute resolution.
If a complaint is found to be justified by Sansbeauté MEN, Sansbeauté MEN will, at its discretion, either replace or repair the products supplied free of charge. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute resolution procedure.
A consumer can also turn to an arbitration board for complaints via the European ODR Platform (https://ec.europa.eu/consumers/odr/).
Article 17 - Disputes
Agreements between Sansbeauté MEN and the Buyer to which these General Terms and Conditions apply are governed exclusively by Dutch law, even if the Buyer is domiciled abroad. All disputes arising out of or in connection with the agreement between Sansbeauté MEN and the Purchaser will be settled by the competent court in Amsterdam, unless provisions of mandatory law lead to the jurisdiction of another court.
The Vienna Sales Convention does not apply.