General Terms and Conditions Webshop Sales Bulk & Beauty VOF

In brief:

    • You enter into an agreement with Bulk & Beauty
    • Placing an order: You place the order and agree to these terms and conditions when you click the "buy" button.
    • Order received well?: You will receive a confirmation of your order by email within a few minutes. If you do not receive it, please let us know via info@bulkandbeauty.nl or call. Without order confirmation there is no guarantee that the order has arrived safely at Bulk & Beauty.
    • Prices on the bulkandbeauty.nl website include VAT. Any additional costs (shipping/ payment method) are clearly stated. There are no hidden costs.
    • Changes in assortment: If a product is not available in the short term or if the price is wrong/changed, we will inform you and we will provide a suitable solution. In that case you may also cancel free of charge.
    • Delivery: An order will only be shipped after receipt of payment, unless otherwise agreed.
    • Exchange/Return: You may exchange or return an order (in its original unopened/unused condition) within 14 days of receipt. Any shipping costs of the return are from your own account.
    • Warranty: If a delivery is incomplete or damaged or if you have a complaint, you can contact us (within 14 days after receipt) and we will provide an appropriate solution.

 

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

 

1. Entrepreneur:

Bulk & Beauty VOF

Telephone number: 0617831360

E-mail address: info@bulkandbeauty.nl

VAT identification number: NL861864451B01

Chamber of Commerce number: 80951139

 

2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

3. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being physically close to each other, such as (but not limited to) by fax, telephone and internet;

4. Distance contract: an agreement in which, in the context of a system organized by the seller or service provider (entrepreneur) for the distance sale or service provision of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for remote communication;

5. Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;

6. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;

7. Day: calendar day;

8. Transaction duration: a distance contract with regard to a number of products and/or services, of which the delivery and/or purchase obligation is spread over a longer period;

9. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him/her in a way that allows future consultation and unaltered reproduction of the stored information.

 

Article 2 – Applicability

1. These general terms and conditions apply to every distance contract concluded between entrepreneur and consumer and to every offer of products from the entrepreneur's webshop. The “General Terms and Conditions of Sale Bulk & Beauty VOF” apply to products that are not part of the webshop offer, but have been put together on request. A copy will be sent on request.

2. Before the distance contract is concluded, the entrepreneur makes the text of these general terms and conditions available to the consumer. If it is not possible to make the general terms and conditions available in advance, the entrepreneur will indicate before the distance contract is concluded that the consumer can view the general terms and conditions and that they will be sent free of charge as soon as possible at the consumer's request. The text of these general terms and conditions can also be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer by electronic means or otherwise.

 

Article 3 – The agreement

1. The agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions, with due observance of the provisions of paragraph 6 of this article.

2. The entrepreneur immediately confirms receipt of the acceptance of the offer electronically if the consumer has accepted the offer electronically. Until the receipt of this acceptance by the entrepreneur has not been confirmed, the consumer can dissolve the agreement.

3. The entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data in case the consumer has accepted the offer electronically. The entrepreneur will take appropriate security measures if the consumer can pay electronically. In that context, the entrepreneur will ensure a safe web environment.

4. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

  • the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
  • the conditions for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  • the information included in Article 5 paragraph 3, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  • the information about the guarantees and after-sales service;
  • the conditions under which and the manner in which the consumer can make use of the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;

5. The provision in paragraph 4 only applies to the first delivery if the entrepreneur has undertaken to deliver a series of products or services;

6. The entrepreneur can (of course within the limits of the law) inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.

 

Article 4 – Creating an account

1. Before you can place an order with Bulk & Beauty, you must create an account. To create an account on the website, you must be at least 18 years old. When you create your account, you provide personal data and you are responsible for entering the correct information and keeping it up-to-date. You can read how your data is processed in our Privacy Statement.

2. It is important that you keep the login details you choose for your account secret and that you do not share them with others so that your account cannot be abused. You are responsible for the use of your account. We are not liable for any form of damage that you incur due to, for example, incorrect or unauthorized use of your account. We may only be held liable in the event that such damage is caused by circumstances attributable to us. Employees of Bulk & Beauty will never ask for your password.

 

Article 5 – The offer

1. The entrepreneur will explicitly state if an offer has a limited period of validity or is made subject to conditions.

2. The offer contains a complete, accurate and detailed description of the products and/or services offered, so that the consumer can properly assess the product/service. If images are used in the offer, these must be truthful images of the products and/or services offered. Obvious mistakes or errors in the offer, where it can be immediately clear to a consumer that there is a mistake or error, do not bind the entrepreneur.

3. With an offer, the entrepreneur clearly states what the rights and obligations of a consumer are if the offer is accepted. The following are important:

    • price including taxes;
    • costs of delivery if applicable;
    • the manner in which the agreement will be concluded and how the consumer can have it concluded;
    • method of delivery, payment or performance of the agreement;
    • the way in which the consumer can become aware of acts that he does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded;
    • any languages ​​in which, in addition to Dutch, the agreement can be concluded;
    • the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically;
    • the minimum duration of the distance contract in the event of an agreement that extends to continuous or periodic delivery of products or services.
    • whether or not the right of withdrawal applies;
    • if the agreement is archived after its conclusion, how it can be consulted by the consumer;
    • term for acceptance of the offer, or the period for keeping the price unconditional;

 

Article 6 – The price

1. All prices of products or services offered are prices including VAT. There can be no hidden additional costs such as taxes (VAT), packaging or shipping costs in the offer. If these costs apply, they must be clearly stated in the offer.

2. The prices of the products and/or services offered will not be increased during the period of validity stated in the offer, except for price changes as a result of changes in VAT rates.

3. In the event of products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, the entrepreneur can, in deviation from the previous paragraph, offer the product/service with variable prices, provided that the the entrepreneur clearly states in the offer that these fluctuations may occur and that the prices are target prices.

4. Price increases within three months after the conclusion of the agreement are not permitted unless they are the result of statutory regulations or provisions.

5. Price increases from three months after the conclusion of the agreement are not permitted unless the entrepreneur has stipulated this, they are the result of statutory regulations or provisions or the consumer has the option to cancel the agreement when there is a price increase.

6. We have the right to adjust prices and product information of products without actively informing you.

7. If an adjusted price applies (a "Promotional Price"), this will be stated on the website and will be valid while stocks last or as long as the promotional period stated on the website.

 

Article 7 – Payment

1. The amounts owed by the consumer must be paid in advance, with internet banking, or by manual transfer stating the invoice number. Consumers can pay afterwards on request if the entrepreneur agrees. The payment term is 14 days, unless otherwise agreed.

2. In the event of non-payment by the consumer, the entrepreneur can, unless this is legally limited, charge reasonable costs to the consumer, provided that the consumer has been notified in advance.

3. Any inaccuracies in the payment details provided or stated must be reported to the entrepreneur immediately by the consumer.

4. The consumer cannot assert any rights with regard to the execution of the relevant order or service before the agreed advance payment has been made.

 

Article 8 – Deposit

1. For the reusable containers in which products are delivered, we charge a fixed amount of 2.00€ per container as a deposit. Reusable containers include all preserving glass jars (regardless of size) and glass bottles.

2. When you return the reusable containers, according to the same conditions stated in paragraph 3 of this article, the number of returned containers will be updated in your account within 3 days after receipt by us. In your next order, that number will be deducted from the number of reusable containers needed. If the number of returned containers is higher than the number of containers needed, the extra containers will remain until your next order.  

3. If the customer decides to definitely return the reusable containers, the customer must send a request by e-mail to info@bulkandbeauty.nl. After receival of the containers and the customer’s information for refund, the deposit will be returned no later than 14 days after as long as the containers have been returned in good condition and without damages, except for those caused by normal use. The customer is responsible for communicating the correct personal details for refund to Bulk & Beauty.

4. You can return the reusable containers in the same box they were delivered, as long as the box confers still enough protection for a shipment, or any box that the customer finds appropriate.

 

Article 9 - Right of withdrawal upon delivery of products

1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days from the day of receipt of the product by or on behalf of the consumer. If you want to return a product, we ask you to contact us via info@bulkandbeauty.nl.

2. If the consumer wishes to make use of the right of withdrawal, he must only unpack or use the product to the extent necessary to assess whether the consumer wishes to keep the product. During this period, the consumer will handle the product and the packaging with care. The consumer will return the product with all accessories supplied and, as far as possible, in the original condition and packaging to the entrepreneur, according to the reasonable and clear instructions indicated by the entrepreneur.

 

Article 10 – Costs in case of withdrawal

1. If the consumer has paid an amount, the entrepreneur will refund the amount as soon as possible, but no later than 14 days after receipt of the return or withdrawal.

2. If you decide to return the order or certain products from an order, you will not receive a refund of the shipping costs of delivering the order.

 

Article 11 – Exclusion of the right of withdrawal

1. The right of withdrawal can only be excluded by the entrepreneur if the entrepreneur has stated this clearly in the offer and in good time before the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products:

    a. that can spoil or age quickly;

    b. which cannot be returned due to their nature;

    c. that have been created by the entrepreneur in accordance with the consumer's specifications;

    d. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;    

    e. which are clearly personal in nature;

3. If you are not sure whether you can return a product, please contact us via info@bulkandbeauty.nl.

 

Article 12 – Delivery and execution

1. When receiving and executing orders for products, as well as when assessing applications for the provision of services, the entrepreneur will take the greatest possible care.  

2. The entrepreneur acknowledges electronic communication and will not deny its validity or legal effect simply because the communication is electronic.

3. If delivery of an ordered product proves to be permanently impossible, the entrepreneur will make an effort to make a replacement comparable item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. The right of withdrawal cannot be excluded with replacement items and the consumer is free to dissolve the agreement, whereby the costs of any return shipment will be borne by the entrepreneur.

4. Unless expressly agreed otherwise, the risk of loss and/or damage to products until the moment of delivery to the consumer rests with the entrepreneur.

5. The address that the consumer has communicated to the entrepreneur is the place of delivery.

6. The entrepreneur will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed, with due observance of the provisions of Article 6. If there is a delay in delivery, or if an order cannot or only partially are carried out, the consumer will be notified of this no later than one month after he has placed the order. In such a case, a consumer has the right to dissolve the agreement without costs.

6. In the event of dissolution on the basis of the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but at the latest within 30 days after dissolution.

 

Article 13 – Guarantee

A scheme offered by the entrepreneur, manufacturer or importer as a guarantee can protect the rights and claims that the consumer has in respect of a shortcoming in the fulfillment of the obligations of the entrepreneur towards the consumer under the law and /or not limit or set aside the distance contract.

 

Article 14 – Conformity

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of usability and/or reliability and the existing legal provisions and/or government regulations.

 

Article 15 – Complaints procedure

1. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.

2. The entrepreneur will handle and answer complaints submitted as soon as possible, but in any case within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.

 

Article 16 – Intellectual property rights

The website is protected by intellectual property rights. Think of our logos and images, but also, for example, the underlying software, texts, videos and other parts of the website or services. These rights belong to Bulk & Beauty. You are not allowed to use or share these materials or information without our permission. This also applies to the disclosure, copying or editing of these properties. This does not apply if you are only doing it for personal use.

 

Article 17 - 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 18 - Changes to the General Terms and Conditions

1. Changes to these terms and conditions will not take effect until they have been properly published. In the event of changes during the term of an offer, the provision(s) most favorable to the consumer will take precedence.

2. In case of a contradiction or discordance between the Terms and Conditions in Dutch and the present conditions, the latter shall prevail.

 

Article 19 - Applicable law, obligation to provide information and competent court

1. These terms and conditions, as well as all agreements, are governed by Dutch law. However, with regard to Agreements as referred to in Article 6: 247 paragraph 2 of the Dutch Civil Code, it is expressly provided that Section 3, Title 5 of Book 6 of the Dutch Civil Code does not apply.

2. Third parties do not enter into any agreement between entrepreneur and consumer based on a third-party clause in these terms and conditions or the agreement. Article 6:254 paragraph 1 of the Dutch Civil Code is therefore not applicable.

3. Insofar as not dictated otherwise by national or international legal rules, all disputes between the parties will be submitted to the competent court in Rotterdam at the option of the summoning or requesting party.

4. The applicability of the Vienna Sales Convention 1980 (CISG) is expressly excluded.