Terms and conditions

Index:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - Offer

Article 5 - Contract

Article 6 - Right of withdrawal

Article 7 - Consumer obligations during the consideration period

Article 8 - Exercise of the right of withdrawal by the consumer and related expenses

Article 9 - Obligations of the entrepreneur in case of withdrawal

Article 10 - Right of withdrawal right of withdrawal

Article 11 - Price

Article 12 - Conformity and extra warranty

Article 13 - Delivery and execution

Article 14 - Term procedures: duration, cancellation and extension

Article 15 - Payment

Article 16 - Complaint procedure

Article 17 - Disputes

Article 18 - Additional or different provisions

Article 1 - Definitions

  1. In these terms and conditions : Additional agreement: It is an agreement where the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are provided by the entrepreneur or a third party based on an agreement between them. third party and entrepreneur;
  2. Waiting period : The period during which the consumer can exercise his right of withdrawal;
  3. Consumer : A natural person who does not act for purposes related to his trade, business, art or profession;
  4. Day : calendar day;
  5. Digital content : data produced and provided in digital form;
  6. Duration contract: an agreement covering the regular delivery of goods, services and/or digital content over a specified period of time;
  7. Durable data carrier: any means, including e-mail, that allows the consumer or entrepreneur to store information sent to him personally for future consultation or use for a period adapted to the purpose of the information and allows reproduction of the stored information without modification;
  8. Right of withdrawal: The consumer's option to cancel the distance contract within the waiting period;
  9. Entrepreneur: Natural or legal person who offers products, digital content and/or services (access) to consumers remotely;
  10. Distance contract: concluded between the entrepreneur and the consumer in the context of an organized system for the distance sale of products, digital contents and/or services, using one or more distance communication techniques exclusively or partially, up to and including the conclusion of the contract;
  11. Model withdrawal form: European model withdrawal form included in Annex I of these terms and conditions;
  12. Remote communication technology: Tools that can be used to conclude an agreement without the consumer and entrepreneur having to meet in the same room at the same time.

Article 2 - Identity of the entrepreneur

Golden Vital & Beauty NL

  • Tokyostraat 27, 1175 RB Lijnden
  • Email: info@collagen123.de
  • Chamber of Commerce number: 75292068
  • VAT identification number: NL002434001B59

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and every distance contract concluded between the entrepreneur and the consumer.
  2. Before concluding a distance contract, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur shall specify, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur and will be sent free of charge as soon as possible upon the consumer's request. .
  3. If the distance contract is concluded electronically, regardless of the previous paragraph and before the establishment of the distance contract, the text of these general terms and conditions may be made available to the consumer electronically, in a consumer-like manner. A simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be stated where the general terms and conditions can be consulted electronically and will be sent free of charge electronically or otherwise upon the consumer's request.
  4. If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in case of conflict of conditions, the consumer can always assert the valid provision that is most suitable for him. and the conditions are suitable.

Article 4 - Offer

  1. If an offer has a limited validity period or is subject to conditions, this is clearly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow proper evaluation of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products, services and/or digital content offered. Obvious errors or obvious errors in the offer are not binding on the entrepreneur.
  3. Each offer contains information that clearly states what rights and obligations the consumer has regarding acceptance of the offer.

Article 5 - Agreement

  1. Subject to the provisions of paragraph 4, the contract is concluded by the consumer as soon as he accepts the offer and complies with the relevant conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately electronically confirm his acceptance of the offer. Unless receipt of this acceptance is confirmed by the entrepreneur, the consumer may terminate the contract.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. Within the legal frameworks, the entrepreneur can find out for himself whether the consumer will be able to fulfill his payment obligations and all the facts and factors important for the responsible conclusion of the distance contract. Based on this investigation, the entrepreneur has the right to reject an order or request with reasons or to add special conditions to the application if he has good reasons not to enter into the contract.
  5. The entrepreneur will send the following information to the consumer in writing or in a way that can be accessed by the consumer on a durable data carrier, at the latest when the product, service or digital content is delivered. :
  6. Visiting address of the entrepreneur's organization where the consumer can go to make a complaint;
  7. A clear explanation of the conditions under which and in what way the consumer can exercise his right of withdrawal or the exclusion of the right of withdrawal;
  8. information about warranties and available after-sales services;
  9. the price of the product, service or digital content, including all taxes; delivery costs, as applicable; and the method of payment, delivery or performance of the distance contract;
  10. If the duration of the contract is more than one year or indefinite, the conditions for terminating the contract are;
  11. If the consumer has the right to withdraw, sample withdrawal form.
  12. In case of a long-term transaction, the provision of the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

For products:

  1. The consumer may terminate a contract for the purchase of a product without giving reasons within a consideration period of at least 14 days. 2. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige the consumer to explain the reason(s).
  2. The reflection period specified in the paragraph begins on the day after the consumer or a third party predetermined by the consumer, who is not the carrier, receives the product, or:
  3. If the consumer has ordered more than one product in the same order: The day when the consumer or a third party designated by the consumer receives the last product. The entrepreneur may reject an order for several products with different delivery times, provided that he clearly informs the consumer about this before the ordering process.
  4. If the delivery of a product consists of several shipments or parts: the day on which the consumer or a third party designated by him receives the last shipment or last part;
  5. In case of agreements for regular delivery of products for a certain period: the day on which the consumer or a third party designated by him receives the first product.

For services and digital content that are not offered in a tangible environment:

  1. The consumer may terminate a service contract and contract for the supply of digital content that is not delivered in a tangible medium without giving reasons for at least 14 days. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige the consumer to explain the reason(s).
  2. The consideration period specified in paragraph 3 begins the day following the conclusion of the agreement.

Extended waiting period for products, services and digital content that are not delivered in a material medium if the right of withdrawal is not notified:

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article. article.
  2. If the operator has provided the consumer with the information specified in the previous paragraph within twelve months from the date on which the original waiting period begins, the waiting period will end 14 days from the day the consumer receives it. that information.

Article 7 - Consumer obligations during the consideration period

  1. During the consideration period, the consumer will handle the product and packaging with care. Will open or use the product only to the extent necessary to determine the structure, features and operation of the product. The basic principle here is that the consumer can only handle and inspect the product in the way he is allowed to do in the store.
  2. The consumer is only liable for loss of value of the product as a result of handling of the product in a manner that goes beyond what is permitted in paragraph 1.
  3. If the entrepreneur has not provided all legally required information about the right of withdrawal at or before the end of the contract, the consumer is not responsible for the depreciation of the product.

Article 8 - Consumer's exercise of his right of withdrawal and expenses

  1. If the consumer exercises his right of withdrawal, he must notify the entrepreneur within the waiting period through a sample withdrawal form or another clear form.
  2. The consumer returns the product or delivers it to the entrepreneur (his authorized representative) as soon as possible, but within 14 days from the day following the notification specified in paragraph 1. This is not necessary if the entrepreneur offered to collect the product himself. 3. If the consumer returns the product before the reflection period expires, he/she will comply with the return period in any case.

The consumer returns the product together with all accessories provided, in its original condition and packaging, if reasonably possible, and in accordance with reasonable and clear instructions provided by the entrepreneur.

  1. The risk and burden of proof regarding the correct and timely exercise of the right of withdrawal belongs to the consumer.
  2. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must cover these costs, or if the entrepreneur has stated that he will cover the costs himself, the consumer does not have to cover the return costs.
  3. If the consumer withdraws after expressly requesting that the service be provided within the cooling-off period or that gas, water or electricity not made ready for sale be supplied in a limited volume or in a certain quantity, the consumer is the entrepreneur who is responsible for the obligation fulfilled by the entrepreneur at the time of withdrawal compared to the full fulfillment of the obligation. owes an amount proportional to its portion.
  4. The consumer shall not pay any costs for the performance of services or the supply of water, gas or electricity or district heating that is not made available for sale in a limited volume or quantity in the following cases:
  5. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, reimbursement of costs in case of withdrawal or the model form for withdrawal, or;
  6. The consumer has not expressly requested the start of the service or the delivery of gas, water, electricity or district heating during the consideration period.
  7. The consumer will not pay any costs for the full or partial delivery of digital content that is not provided on a tangible medium in the following cases:
  8. Before delivery, he did not expressly agree to begin the performance of the contract before the end of the waiting period;
  9. He did not accept that he had lost his right to withdraw while giving his consent; or
  10. The entrepreneur was not able to confirm this statement from the consumer.
  11. If the consumer exercises his right of withdrawal, all additional contracts will be terminated by law.

Article 9 - Obligations of the entrepreneur in case of withdrawal

  1. If the entrepreneur makes possible electronic notification of withdrawal by the consumer, he will immediately send a confirmation of receipt upon receipt of this notification.
  2. The entrepreneur shall refund all payments from the consumer, including the delivery costs charged by the entrepreneur for the returned product, without delay, but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to buy the product himself, the refund may wait until he receives the product or until the consumer shows that he has returned the product, whichever is earlier.
  3. The entrepreneur uses the same payment method that the consumer used for the refund, unless the consumer agrees to a different method. The refund is free for the consumer.
  4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Right of withdrawal

1. The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has expressly stated this in the offer, at least in time for the conclusion of the contract:
Products or services that are subject to fluctuations in the financial market and whose prices may change over which the entrepreneur has no influence during the withdrawal period;
2. Deals made during the auction. Auction is understood as a sales method in which products, digital content and/or services are offered by the entrepreneur under the supervision of a person to the consumer who is personally present at the auction or is given the opportunity to be present at the auction in person. The auctioneer and the winner of the auction are obliged to purchase products, digital content and/or services;
3. Service contracts after full performance of the service, but only in the following cases:
4. the performance has started with the explicit consent of the consumer; And
5. If the consumer has declared that he will lose his right of withdrawal from the moment he completes the contract;
6. Agreements regarding package travel and passenger transport referred to in Article 7:500 of the Dutch Civil Code;
7. If a specific performance date or duration is stipulated in the contract and for purposes other than residence, service contracts for the provision of accommodation other than goods transportation, car rental services and catering services;
8. Agreements regarding leisure activities, if the agreement provides for a specific date or period for its implementation;
9. Products that are produced according to the consumer's specifications, are not prefabricated and are produced according to the individual preference or decision of the consumer, or are clearly intended for a specific person;
10. Products that spoil quickly or have a limited shelf life;
11. Closed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
12. Products that by their nature are irreversibly mixed with other products after delivery;
13. Alcoholic beverages, the price of which was agreed upon when the agreement was concluded, but whose delivery can only take place after 30 days and whose real value depends on market fluctuations over which the entrepreneur has no influence;
14. Sealed audio, video recordings and computer software whose seals have been broken after delivery;
15. Newspapers, periodicals or magazines other than those subscribed to;
16. Provision of digital content other than tangible media, but only:
17. The performance has started with the express consent of the consumer; And
18. The consumer declared that he lost his right of withdrawal.

Article 11 - Price

  1. During the validity period specified 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.
  2. Contrary to the previous paragraph, the entrepreneur can offer products or services at variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. The dependence on these fluctuations and the fact that the prices offered are target prices are stated in the offer.
  3. Price increases within 3 months after signing the contract are only allowed if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the signing of the agreement are allowed only if the entrepreneur stipulates this and in the following cases:
  5. they are the result of legal regulations or provisions; or
  6. The consumer has the authority to terminate the contract effective from the day the price increase comes into force.
  7. The prices stated in the product or service offer include VAT.

Article 12 - Compliance with the Agreement and Additional Coverage

  1. The entrepreneur guarantees that the products and/or services comply with the contract, the features specified in the offer, reasonable reliability and/or availability requirements and the legal provisions existing at the time the contract is concluded. /or government regulations. The operator also warrants that, if agreed, the product is suitable for use other than normal use.
  2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer in no way limits the legal rights and claims that the consumer can assert against the entrepreneur under the contract if the entrepreneur fails to comply with his part of the contract.

An additional warranty means any obligation of the 3rd entrepreneur, supplier, importer or manufacturer, in which the consumer, in case of failure to fulfill his part, grants certain rights or claims that exceed those required by law. obligations. agreement.

Article 13 - Delivery and execution

  1. The entrepreneur shall exercise the greatest possible care when receiving and executing product orders and evaluating applications for service provision.
  2. The place of delivery is the address notified by the consumer to the entrepreneur.
  3. In accordance with what is stated in clause 4 of these general terms and conditions, the entrepreneur will fulfill accepted orders expeditiously but within 30 days at the latest, unless a different delivery time is agreed. If delivery is delayed or an order cannot be fulfilled or partially fulfilled, this will be notified to the consumer no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract free of charge and any compensation.
  4. After termination according to the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
  5. The risk of damage and/or loss of the products belongs to the entrepreneur until the moment of delivery to the consumer or a previously determined representative notified to the entrepreneur, unless expressly agreed otherwise.

Article 14 - Term procedures: duration, cancellation and extension

Cancel:

  1. The consumer may terminate a contract concluded for an indefinite period and covering the regular delivery of products (including electricity) or services, provided that the agreed cancellation rules and more than one notice period are observed. moon.
  2. The consumer may terminate a contract concluded for a certain period of time, which includes the regular delivery of products (including electricity) or services, at any time towards the end of the specified period, in accordance with the agreed terms. Cancellation rules and notice period are maximum one month.
  3. The consumer can conclude the contracts referred to in the previous paragraphs:

- cancellation at any time and not limited to cancellation at a specific time or within a specific period;

- to cancel at least as entered by him;

- always cancel with the same notice period that the entrepreneur stipulates for himself.

Extension:

  1. An agreement concluded for a certain period and covering the regular delivery of products (including electricity) or services cannot be impliedly extended or extended for a certain period.
  2. Contrary to the previous paragraph, a contract concluded for a certain period of time and covering the regular distribution of daily news and weekly newspapers and magazines may be implicitly extended for up to three months in the following cases. If the consumer has extended this period, he/she may terminate the contract with a notice period of at most one month towards the end of the extension.
  3. A contract concluded for a certain period of time and which includes the regular delivery of products or services can only be implicitly extended for an indefinite period if the consumer is allowed to cancel it at any time with any notice period. more than a month. The notice period is a maximum of three months if the contract covers the distribution of daily, news and weekly newspapers and magazines on a regular basis, but less than once a month.
  4. A limited-term contract for the regular distribution (trial or promotional subscription) of daily, news and weekly newspapers and magazines is impliedly discontinued and terminates automatically after the trial or promotional period.

Duration:

  1. If the duration of a contract is more than one year, the consumer may terminate the contract at any time after one year with a notice period not exceeding one month, unless reasonableness and justice oppose cancellation before the end of the agreed period. . to delay.

Article 15 - Payment

  1. Unless otherwise stated in the contract or additional conditions, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period or, in the absence of a cooling-off period, within 14 days. execution of the cooling period. agreement. In case of a service provision contract, this period starts from the day the consumer receives approval of the contract.
  2. When selling products to consumers, the consumer can never be obliged to pay more than 50% in advance in the general terms and conditions. When advance payment is stipulated, the consumer cannot claim any rights regarding the performance of the relevant order or service(s) without making the stipulated advance payment.
  3. The consumer is obliged to immediately report any inaccuracies in the payment details provided or declared to the entrepreneur.
  4. If the consumer fails to fulfill his payment obligation(s) on time, after being notified of the late payment by the entrepreneur and if the entrepreneur has given the consumer a period of 14 days to fulfill his payment obligations, after failing to make payment within this 14-day period, legal interest will be paid on the amount still owed and The entrepreneur shall have the right to claim extrajudicial collection costs incurred by him. These collection costs maximum: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from the specified amounts and percentages in favor of the consumer.1. Unless otherwise stated in the contract or additional conditions, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period or, in the absence of a cooling-off period, within 14 days. execution of the cooling period. agreement. In case of a service provision contract, this period starts from the day the consumer receives approval of the contract.
  5. When selling products to consumers, the consumer can never be obliged to pay more than 50% in advance in the general terms and conditions. When advance payment is stipulated, the consumer cannot claim any rights regarding the performance of the relevant order or service(s) without making the stipulated advance payment.
  6. The consumer is obliged to immediately report any inaccuracies in the payment details provided or declared to the entrepreneur.
  7. If the consumer fails to fulfill his payment obligation(s) on time, after being notified of the late payment by the entrepreneur and if the entrepreneur has given the consumer a period of 14 days to fulfill his payment obligations, after failing to make payment within this 14-day period, legal interest will be paid on the amount still owed and The entrepreneur shall have the right to claim extrajudicial collection costs incurred by him. These collection costs maximum: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from the specified amounts and percentages in favor of the consumer.

 

Article 16 - Complaint procedure

  1. The entrepreneur has a sufficiently public complaint procedure and handles the complaint in accordance with this complaint procedure.
  2. Complaints regarding the implementation of the contract must be submitted to the entrepreneur fully and clearly within a reasonable period after the consumer discovers the defects.
  3. 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 respond within 14 days with an acknowledgment and an indication of when the consumer can expect a more detailed response.
  4. If the complaint cannot be resolved by mutual consultation within a reasonable time or within 3 months after the complaint is submitted, a dispute will arise subject to the dispute resolution procedure.
  5. From 15 February 2016, it is also possible for consumers in the EU to register complaints via the European Commission's ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet addressed elsewhere, you are free to lodge your complaint through the European Union platform.

Article 17 - Disputes

  1. Contracts between entrepreneur and consumer to which these general terms and conditions apply are exclusively governed by Dutch law. 

Article 18 - Additional or different provisions

Additional terms or provisions that deviate from these general terms and conditions cannot be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored on a durable data carrier in a form accessible to the consumer.