General Terms and Conditions

These General Terms and Conditions of the Dutch Thuiswinkel Organisation (hereinafter: Thuiswinkel.org) have been drawn up in consultation with the Consumers' Association within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and will enter into force on 1 June 2014.

Table of contents:

Article 1 - Definitions Article
2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof
Article 9 - Obligations of the entrepreneur upon withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional guarantee
Article 13 - Delivery and implementation
Article 14 - Duration transactions: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Industry
guarantee Article 19 - Additional or deviating provisions
Article 20 - Amendment of the General Terms and Conditions Thuiswinkel

Article 1 - Definitions

In these terms and conditions the following terms shall have the following meanings:

Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or a third party on the basis of an agreement between that third party and the entrepreneur;
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Duration contract: an agreement that provides for the regular supply of goods, services and/or digital content over a given period;
Durable medium: any instrument - including e-mail - that enables the consumer or the entrepreneur to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate to the purpose for which the information is intended, and which allows for the unchanged reproduction of the stored information;
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and who offers products, (access to) digital content and/or services to consumers at a distance;
Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby exclusive or partly use is made of one or more means of distance communication up to and including the conclusion of the agreement;
Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions; Appendix I does not have to be made available if the consumer does not have a right of withdrawal in respect of his order;
Means for distance communication: a means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same place at the same time.

Article 2 - Identity of the entrepreneur

Company name:


Tallow Cosmetics BV
Titaniumlaan 80 5221 CK 's-Hertogenbosch

Availability:
Monday to Friday from 9:00 am to 5:00 pm
Email address: info@tallowcosmetics.com
Telephone: 085 2129 354

Chamber of Commerce number: 94767645
VAT number: NL866887027B01

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be consulted with the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer's request, either electronically or otherwise.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favourable to him.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these must be a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded upon the consumer's acceptance of the offer and compliance with the conditions set forth therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate the agreement.
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 observe appropriate security measures.
The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the agreement, they are entitled to refuse an order or request with reasons or to impose special conditions on its execution.
The entrepreneur will, at the latest upon delivery of the product, service or digital content to the consumer, send the following information along with it, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier: the visiting address of the entrepreneur's establishment where the consumer can lodge complaints; the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; information about guarantees and existing after-sales service; the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract; the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration; if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

For products:

The consumer can cancel an agreement regarding the purchase of a product during a reflection period of 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for cancellation, but cannot oblige the consumer to state his or her reason(s).
The reflection period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or: if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided that the entrepreneur has clearly informed the consumer of this prior to the ordering process.
if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part; in the case of agreements for regular delivery of products over a specific period: the day on which the consumer, or a third party designated by them, has received the first product.

For services and digital content not supplied on a tangible medium:

The consumer can cancel a service agreement or an agreement for the supply of digital content not delivered on a tangible medium within 14 days without giving any reason. The trader may ask the consumer for the reason for cancellation, but is not obligated to state their reason(s).
The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content not delivered on a tangible medium if no information is provided about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
The consumer is only liable for any diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.
The consumer is not liable for any diminished value of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the cooling-off period using the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has in any case complied with the return period if they return the product before the cooling-off period has expired.
The consumer must return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer must bear the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs, or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs of return.
If the consumer withdraws after first explicitly requesting that the performance of the service or the supply of gas, water, or electricity not made ready for sale in a limited volume or quantity commence during the cooling-off period, the consumer owes the entrepreneur an amount proportional to that part of the obligation already fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
The consumer does not bear any costs for the performance of services or the supply of water, gas, or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in the event of withdrawal, or the model withdrawal form; or; the consumer has not explicitly requested the commencement of the performance of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.
The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
he has not expressly consented prior to the delivery to the commencement of the performance of the contract before the end of the cooling-off period; he has not acknowledged losing his right of withdrawal upon giving his consent; or the trader has failed to confirm this statement by the consumer.
If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal

If the entrepreneur enables the consumer to notify the consumer of withdrawal electronically, they will immediately send an acknowledgement of receipt upon receipt of this notification.
The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay, but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may withhold reimbursement until they have received the product or until the consumer proves that they have returned the product, whichever is the earliest.
The entrepreneur will use the same payment method used by the consumer for the reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer opted for a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
Agreements concluded during a public auction. A public auction means a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
Service contracts, after full performance of the service, but only if:
the performance has begun with the consumer’s express prior consent; and the consumer has stated that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the contract;
Package travels as referred to in Article 7:500 of the Dutch Civil Code and passenger transport contracts;
Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, the transport of goods, car rental services and catering;
Contracts relating to leisure activities, if the contract provides for a specific date or period of performance thereof;
Products manufactured to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products which are not suitable for return for reasons of health protection or hygiene and of which the seal is broken after delivery;
Products which, due to their nature, are irreversibly mixed with other items after delivery;
Alcoholic beverages, the price of which was agreed upon at the time of concluding the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which the entrepreneur has no influence;
Sealed audio or video recordings and computer software, of which the seal was broken after delivery; Newspapers, periodicals or magazines, with the exception of subscriptions to them;
The supply of digital content other than on a tangible medium, but only if:
the performance has begun with the consumer's prior express consent; and the consumer has acknowledged that he thereby loses his right of withdrawal.

Article 11 - The price

During the validity period stated 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. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: they result from statutory regulations or provisions; or the consumer has the authority to terminate the agreement with effect from the date on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.

Article 12 - Compliance with the agreement and additional warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the entrepreneur, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill its part of the agreement. An additional guarantee is understood to mean any obligation of the entrepreneur, its supplier, importer, or manufacturer in which it grants the consumer certain rights or claims that go beyond what the consumer is legally obligated to do in the event of a failure to fulfill its part of the agreement.

Article 13 - Delivery and execution

The entrepreneur will exercise the utmost care when receiving and fulfilling orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has provided to the entrepreneur.
Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur will fulfill accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without penalty and is entitled to any compensation.
After termination in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative announced to the entrepreneur, unless expressly agreed otherwise.

Article 14 - Duration transactions: duration, termination and extension

Cancellation:

The consumer may terminate an agreement concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time, taking into account the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
at any time and not be limited to termination at a specific time or during a specific period; at least in the same manner as they were entered into by them; always with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

A fixed-term agreement for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a fixed-term agreement for the regular delivery of daily newspapers, weekly newspapers, and magazines may be tacitly extended for a fixed period of up to three months if the consumer can cancel this extended agreement at the end of the extension period with a notice period of no more than one month.
A fixed-term agreement for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can cancel it at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement concerns the regular, but less than monthly, delivery of daily newspapers, weekly newspapers, and magazines.
A limited-term agreement for the regular delivery of daily newspapers, news and weekly newspapers and magazines for trial purposes (trial or introductory subscription) will not be automatically renewed and will end automatically after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment

Unless otherwise stated in the agreement or additional terms, 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 after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer receives confirmation of the agreement.
When selling products to consumers, the general terms and conditions may never oblige the consumer to make an advance payment of more than 50%. If an advance payment has been agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
The consumer is obligated to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
If the consumer fails to meet their payment obligation(s) on time, after the entrepreneur has notified them of the late payment and has granted the consumer a period of 14 days to still meet their payment obligations, if payment is not made within this 14-day period, the consumer will owe statutory interest on the outstanding amount, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 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 aforementioned amounts and percentages to the consumer's advantage.

Article 16 - Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
A complaint about a product, service, or the entrepreneur's service can also be submitted via a complaints form on the consumer page of the Thuiswinkel.org website www.thuiswinkel.org. The complaint will then be sent to both the entrepreneur in question and Thuiswinkel.org.
The consumer must give the entrepreneur at least four weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
Disputes between the consumer and the entrepreneur concerning the conclusion or performance of agreements relating to products and services to be supplied or already supplied by this entrepreneur can, subject to the provisions below, be submitted by both the consumer and the entrepreneur to the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl).
A dispute will only be considered by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable time. If
the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer should notify the entrepreneur first.
If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must indicate in writing within five weeks of a written request from the entrepreneur whether they wish to submit the dispute to the competent court or not. If the entrepreneur does not receive the consumer's choice within five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
The Disputes Committee will issue a ruling under the conditions set out in the Disputes Committee regulations (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The Disputes Committee's decisions are binding.
The Disputes Committee will not handle a dispute or will discontinue handling it if the entrepreneur has been granted a moratorium, has gone bankrupt, or has effectively ceased its business activities before the committee has heard the dispute and rendered a final ruling.
If, in addition to the Thuiswinkel Disputes Committee, another recognized dispute committee or one affiliated with the Foundation for Consumer Dispute Committees (SGC) or the Financial Services Complaints Institute (Kifid) has jurisdiction, the Thuiswinkel Disputes Committee will preferably have jurisdiction for disputes primarily concerning the method of distance selling or providing services. For all other disputes, the other recognized dispute committee affiliated with the SGC or Kifid will have jurisdiction.

Article 18 - Industry Guarantee

Thuiswinkel.org guarantees compliance with the binding recommendations of the Thuiswinkel Disputes Committee by its members, unless the member decides to submit the binding recommendation to a court for review within two months of its dispatch. This guarantee revives if the binding recommendation is upheld after review by the court and the judgment confirming this has become final and binding. Thuiswinkel.org will pay the consumer up to a maximum of €10,000 per binding recommendation. For amounts exceeding €10,000 per binding recommendation, €10,000 will be paid. For any excess amount, Thuiswinkel.org has a best-efforts obligation to ensure that the member complies with the binding recommendation.
This guarantee requires that the consumer submits a written request to Thuiswinkel.org and transfers their claim against the entrepreneur to Thuiswinkel.org. If the claim on the entrepreneur exceeds €10,000, the consumer will be offered the option of transferring their claim, insofar as it exceeds the amount of €10,000, to Thuiswinkel.org, after which this organization will, in its own name and at its own expense, request payment in court to satisfy the consumer.

Article 19 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 20 - Amendment of the General Terms and Conditions of Thuiswinkel

Thuiswinkel.org will not amend these terms and conditions without consulting with the Consumers' Association.
Amendments to these terms and conditions will only become effective after they have been published in an appropriate manner, with the understanding that, in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer will prevail.
Thuiswinkel.org
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
P.O. Box 7001, 6710 CB Ede