Article 1 - Definitions
The following definitions apply in these terms and conditions:
1. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance agreement with Comme Ça Skincare;
3. Day: calendar day;
4. Duration transaction: a distance agreement with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Sustainable data carrier: any means that enables the consumer or Comme Ça Skincare to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
7. Comme Ça Skincare: the natural or legal person who offers products and/or services to consumers at a distance;
8. Distance agreement: an agreement within the framework of an organised system for distance selling of products and/or services by Comme Ça Skincare, until the conclusion of the agreement use is made exclusively of one or more techniques for communication on distance;
9. Technology for distance communication: a means that can be used to conclude a contract without the consumer and Comme Ça Skincare coming together in the same room.
10. General Terms and Conditions: the present General Terms and Conditions of Comme Ça Skincare.
Article 2 – Identity of seller
Comme Ça Skincare
Piusplein 48-04, 5038 WN Tilburg (this is not a visiting address)
Chamber of Commerce number: 73728306
VAT identification number: NL002043613B17
Article 3 - Applicability
1. These general terms and conditions apply to every offer from Comme Ça Skincare and to every distance agreement and every order between Comme Ça Skincare and the consumer.
2. Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not possible, it will be indicated that the general terms and conditions can be viewed at Comme Ça Skincare before the distance agreement is concluded and at consumers request it will be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically and in such a way that the consumer can store it on a durable data carrier. If this is not possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be read electronically and that it will be sent free of charge digitally on consumers request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply, and in the event of conflicting general terms and conditions the consumer can always invoke the applicable provision that is most favourable to him.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or become void, the rest of the agreement and these terms and conditions will remain in force and the provision in question will be replaced by a provision that is close as possible of the original.
6. Situations that are not regulated in these terms and conditions must be assessed in the spirit of these terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained in the spirit of these terms and conditions.
Article 4 - The offer
1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. Comme Ça Skincare is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If Comme Ça Skincare uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer do not bind Comme Ça Skincare.
4. All images, specifications, data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Images of products are a true representation of the products offered. Comme Ça Skincare cannot guarantee that the displayed colours exactly match the real colours of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns particularly:
the price including taxes;
the possible costs of shipment;
the manner in which the agreement will be concluded and which actions are required for this;
whether or not the right of withdrawal is applicable;
the method of payment, delivery and implementation of the agreement;
the period for accepting the offer, or the period within which Comme Ça Skincare guarantees the price;
whether the agreement is archived after its conclusion, and if so, how the consumer can consult it;
the way in which the consumer, before concluding the agreement, can check the information provided by him in the context of the agreement and, if desired, restore it;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which Comme Ça Skincare has submitted itself and the way in which the consumer can consult these codes of conduct electronically.
Article 5 - The agreement
1. The agreement is concluded, with reservation of the provisions of paragraph 4, at the time the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer has accepted the offer electronically, Comme Ça Skincare will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Comme Ça Skincare, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, Comme Ça Skincare will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, Comme Ça Skincare will take appropriate security measures.
4. Comme Ça Skincare can - within the law - inform itself if the consumer can meet his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance agreement. If Comme Ça Skincare, based on this investigation has good reasons not to enter into the agreement, it is entitled to refuse an order or request or to include special conditions to the agreement.
5. Comme Ça Skincare will provide to the consumer the following information with the product, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
b. the information about guarantees and existing service after purchase;
c. the information included in article 4 paragraph 3 of these terms and conditions, unless Comme Ça Skincare already has provided this information to the consumer prior to the execution of the agreement;
d. the requirements for cancelling the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
7. The agreement is entered under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
1. The consumer has the option to return the product within 14 days after the product has been delivered to the consumer, without giving any reason.
2. During the cooling-off period, the consumer will handle the product and the packaging with care. Returned products must be unused, undamaged and in its original packaging. Returns will only be accepted when the aforementioned conditions are met.
3. If the consumer wishes to make use of the right of withdrawal, they are obliged to make this known to Comme Ça Skincare within 14 days of receiving the product. The consumer must inform Comme Ça Skincare by sending an email to: firstname.lastname@example.org. After the consumer has indicated that they want to make use of the right of withdrawal, the customer must send the product back within 14 days. The consumer must prove that the goods were send back on time, for example by a proof of shipment.
4. If, at the end of the periods referred to in paragraphs 2 and 3, the customer has not indicated to exercise the right of withdrawal and has not returned the product to Comme Ça Skincare, the purchase is a fact.
Article 7 - Costs in case of withdrawal
1. The costs of the return shipment are non-refundable.
2. Comme Ça Skincare will refund the total purchase price as soon as possible, but no later than within 30 days after the return has been received. This is subject to the condition that the product has been received in its original, unopened and undamaged state by Comme Ça Skincare. Reimbursement will be made via the same payment method used by the consumer.
3. In the event of damage to the product due to improper handling by the consumer, the consumer is liable for any depreciation of the product.
4. The consumer is responsible for the chosen shipping method of the returns. This means that Comme Ça Skincare cannot be held responsible for any returns which are lost and/or damaged in the mail when being returned.
Article 8 - The price
1. During the validity period stated in the offer, the prices of the products and/or services offered are not increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, Comme Ça Skincare can offer products or services, that are subject to fluctuations in the financial market and over which Comme Ça Skincare has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices, will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if Comme Ça Skincare has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices include VAT.
Article 9 - Conformity and Warranty
1. Comme Ça Skincare guarantees that the products 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 conclusion of the agreement. If agreed, Comme Ça Skincare also guarantees that the product is suitable for other than normal use.
2. Any defects or incorrectly delivered products must be reported in writing to Comme Ça Skincare within 30 days after delivery. Return of the products must be in the original packaging and in new condition.
Article 10 - Delivery and implementation
1. Products are delivered to the address specified by the consumer.
2. Comme Ça Skincare strives to ship all orders within 48 hours. This can possibly be delayed when, for example, a product is not in stock. If there is a delay, Comme Ça Skincare will inform the consumer by e-mail or telephone. If the consumer does not agree with the new delivery period, the order can be cancelled free of charge and the payment will be refunded within 30 days. Reimbursement will be made via the same payment method used by the consumer.
3. All delivery times are indicative. The consumer cannot derive any rights from any specified periods. Exceeding a term does not entitle the consumer to compensation.
4. The risk of damage and/or loss of products rests with Comme Ça Skincare until the moment of delivery to the consumer. When a product is being returned, the responsibility rests with the consumer.
5. If upon receipt it appears that the products delivered have been damaged by delivery, the consumer must contact Comme Ça Skincare immediately by sending an e-mail to: email@example.com
6. If a delivery has failed because an incorrect or outdated address has been provided, the responsibility lies with the consumer and Comme Ça Skincare cannot be held liable.
Article 11 - Liability
In no case shall Comme Ça Skincare or its employees be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.
Article 12 - Complaints
It is very important that consumers are satisfied with the products and services of Comme Ça Skincare. If there are any complaints consumers can contact Comme Ça Skincare by sending an e-mail to: firstname.lastname@example.org. The complaint will be processed as quickly as possible and every effort will be made to resolve the complaint satisfactorily.
Article 13 - Disputes
Agreements between Comme Ça Skincare and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer is living abroad.
Article 14 - Additional or different 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 in an accessible manner on a durable medium.
Article 15 - Applicable law and competent court
All agreements are exclusively governed by Dutch law. All disputes will only be settled by the competent Dutch court.
Last updated on: 26-02-2020