Terms and Conditions
TABLE OF CONTENTS
Article 1 – Definitions
Article 2 – Applicability
Article 3 – Offer and Purchase Agreement
Article 4 – Right of withdrawal
Article 5 - Obligations of the consumer during the reflection period
Article 6 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 7 - Obligations of the entrepreneur in the event of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 – Dissolution
Article 10 – Price
Article 11 – Payment
Article 12 – Delivery
Article 13 – Warranty
Article 14 – Complaints and disputes
Article 15 – Website and provision of information
Article 16 – Intellectual property rights
Article 1 – DEFINITIONS
The following terms have the following meanings in these general terms and conditions:
Entrepreneur - the natural or legal person acting in the context of his trade, business, craft or profession, with the following identity:
Lina Lien Cosmetics
Postal address: Albergerbos 8, 2134 MS, Hoofddorp
Email address: info@linaliencosmetics.com
Chamber of Commerce number: 88684601
VAT number: NL004642714B46
Consumer - the buyer who acts for purposes outside his trade, business or profession
Parties - the entrepreneur and the consumer
Offer - the products that the entrepreneur offers for sale to the consumer
Products - all items to be delivered or delivered by Lina Lien Cosmetics to the Customer under the Agreement, such as but not limited to DIY Eyelash Extensions.
Purchase - the product that is purchased by the consumer from the entrepreneur through the purchase agreement
Reflection period - the period within which the consumer has the right of withdrawal
Day - calendar day
Right of withdrawal - the right for the consumer to cancel the purchase within the cooling-off period
Purchase agreement - the conclusion of an agreement in which the entrepreneur undertakes to give an item and the consumer undertakes to pay a purchase price for this item
Distance purchase - a purchase agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales or services without the simultaneous personal presence of the entrepreneur and the consumer and where only one or more means are used for remote communication
General Terms and Conditions - these general terms and conditions of Lina Lien Cosmetics are published on the Website under Chamber of Commerce number: 88684601.
Website - the website of Lina Lien Cosmetics, accessible via https://linaliencosmetics.com/ and all associated subdomains.
Intellectual Property Rights: Intellectual property rights is a collection of rights relating to intangible creative and innovative works. These rights protect the products of the human mind, such as inventions, literary and artistic works, brands, designs and trade secrets.
Article 2 - APPLICABILITY
2.1 These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2.2 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 viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
2.3 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 can be made available to the consumer electronically in such a way that it can be read by the consumer. can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
2.4 In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to him. is.
2.5 If a provision in the Agreement or General Terms and Conditions proves to be invalid, this will not affect the validity of the entire Agreement or General Terms and Conditions. In such a case, the parties will establish a new provision to replace it, which will do as much justice as possible to the intention of the original provision within the limits of the law.
Article 3 – OFFER AND PURCHASE AGREEMENT
3.1 If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
3.2 The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3.3 Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with acceptance of the offer.
3.4 An offer on the Website expires if a Product to which the offer relates is no longer available in the meantime.
3.5 Lina Lien Cosmetics cannot be held to an offer if the Customer can reasonably understand that the offer contains an obvious mistake or typo.
3.6 All DIY lash styles are named after eyelash extension styles available in a beauty salon. Nevertheless, our styles may differ from the styles that bear the same name in the salon. It is important to emphasize that no exclusive rights are reserved to the consumer if the Lina Lien Cosmetics lashes do not match the lash styles of a salon.
3.7 The Agreement is concluded at the time of acceptance by Lina Lien Cosmetics of the Consumer's order. Lina Lien Cosmetics has the right to refuse an order without giving a reason or to impose special conditions on the execution, such as advance payment.
3.8 If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
3.9 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.
3.10 The entrepreneur informs the consumer of his rights and obligations associated with acceptance of the offer.
3.11 The entrepreneur can, within legal frameworks, 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, based on 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.
3.12 The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a) the visiting address of the entrepreneur's branch where the consumer can go with complaints;
b) 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;
c) the information about warranties and existing after-sales service;
d) 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 execution of the distance contract;
e) the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f) if the consumer has a right of withdrawal, the model withdrawal form
g) if the consumer does not have a right of withdrawal, the information that the consumer does not have a right of withdrawal or, where applicable, the circumstances in which the consumer waives his right of withdrawal;
h) a reminder of the existence of the legal guarantee that the purchase must comply with the agreement, and any assistance provided to the consumer after purchase;
i) where applicable, the duration and termination conditions of the agreement;
j) where applicable, the existence of and the conditions for financial guarantees that the consumer must provide at the request of the entrepreneur.
3.13 In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
3.14 If it appears that the Consumer has provided incorrect information, Lina Lien Cosmetics reserves the right to only fulfill its obligation after the correct information has been received. In such a case, Lina Lien Cosmetics also has the authority to cancel the Agreement.
Article 4 - RIGHT OF WITHDRAWAL
4.1 The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
4.2 The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
a) if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.
b) 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, has received the last shipment or part;
c) in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.
4.3 The above remains unaffected if the product is received by a third party designated by the consumer.
4.4 For withdrawal, the consumer can use the withdrawal form provided by the entrepreneur, or another unambiguous statement to the entrepreneur.
4.5 Extended reflection period for products, services and digital content that is not delivered on a tangible medium if no information is provided about the right of withdrawal:
4.6 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.
4.7 If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.
Article 5 – OBLIGATIONS OF THE CONSUMER DURING THE REFLECTION PERIOD
5.1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would in a store.
5.2. The consumer is only liable for any reduction in value of the product that is the result of handling the product that goes beyond what is permitted in paragraph 1.
5.3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.
Article 6 – EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND THEIR COSTS
6.1 If the consumer exercises his right of withdrawal, he must report this to the entrepreneur within the reflection period of 14 days by means of the model withdrawal form or in another unambiguous manner.
6.2 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall 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 himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
6.3 The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
6.4 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
6.5 The consumer bears 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 he will bear the costs himself, the consumer does not have to bear the costs for return.
6.6 If the consumer revokes after having first expressly requested that the performance of the service or the supply of gas, water or electricity that are not prepared for sale in a limited volume or specific quantity commences during the cooling-off period, the consumer is the entrepreneur an amount is due that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
6.7 The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity that are not prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the model form for withdrawal, or;
b. the consumer has not expressly requested the start of the performance of the service or delivery of gas, water, electricity or district heating during the cooling-off period.
6.8 The consumer will not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
a. prior to its delivery, he has not expressly agreed to commence performance of the agreement before the end of the cooling-off period;
b. he has not acknowledged that he loses his right of withdrawal when granting his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
6.9 If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 7 – OBLIGATIONS OF THE ENTREPRENEUR IN THE EVENT OF WITHDRAWAL
7.1 If the entrepreneur enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receiving this notification.
7.2 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 him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
7.3 The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
7.4 If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 8 – EXCLUSION OF RIGHT OF WITHDRAWAL
The entrepreneur can 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 time before concluding the agreement:
8.1 Products or services whose price depends on fluctuations in the financial market over which the entrepreneur has no control and which can take place within the withdrawal period.
8.2 Agreements concluded during a public auction. A public auction is defined as a sales method in which the entrepreneur offers products, digital content and/or services to consumers who are personally present or have the opportunity to be personally present at the auction, led by an auctioneer. The successful bidder is obliged to purchase the products, digital content and/or services.
8.3 Service agreements that have been fully executed, but only if:
a) The performance has started with the express prior consent of the consumer; and
a) The consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement.
8.4 Package trips as defined in Article 7:500 of the Dutch Civil Code and agreements for passenger transport.
8.5 Service agreements for the provision of accommodation, if the agreement has a specific date or performance period and is not for residential purposes, freight transport, car rental or catering.
8.6 Agreements relating to leisure activities, if the agreement has a specific date or performance period.
8.7 Bespoke products that are not prefabricated and are manufactured based on individual choice or decision of the consumer, or are clearly intended for a specific person.
8.8 Products that spoil quickly or have a limited shelf life.
8.9 Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery.
8.10 Products that are irreversibly mixed with other products after delivery due to their nature.
8.11 Alcoholic drinks whose price was agreed upon when concluding the agreement, but delivery of which can only take place after 30 days and whose actual value depends on fluctuations in the market over which the entrepreneur has no control.
8.12 Sealed audio, video recordings and computer software of which the seal has been broken after delivery.
8.13 Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
8.14 The supply of digital content other than on a tangible medium, but only if:
a) the performance has started with the express prior consent of the consumer; and
b) the consumer has stated that he thereby loses his right of withdrawal.
Article 9 – SUSPENSION AND DISSOLUTION
9.1 In addition to the legal powers to dissolve and suspend, Lina Lien Cosmetics reserves the right to terminate the Agreement with immediate effect and/or suspend its execution in the event of one of the following events:
a) The Customer does not fulfill his obligations under the Agreement and/or General Terms and Conditions, not fully or not on time.
b) Lina Lien Cosmetics obtains information after concluding the Agreement that gives reasonable grounds to fear that the Customer will not fulfill his obligations.
c) The death of the Customer.
d) If the Customer submits a request to obtain (provisional) suspension of payments.
e) If the Customer is declared bankrupt or a petition for bankruptcy is submitted.
f) If the Customer's assets are seized.
g) If a decision is taken to dissolve and/or liquidate the Customer.
h) If the Customer is placed under guardianship or administration.
i) If the Customer otherwise loses the power of disposal or legal capacity with regard to his assets or parts thereof.
The Customer is obliged to immediately inform Lina Lien Cosmetics of the occurrence of any of the events mentioned in points d to i.
9.2 If Lina Lien Cosmetics uses its power to dissolve or suspend, all costs and damage suffered as a result will be borne by the Consumer. All claims of Lina Lien Cosmetics also become immediately due and payable.
9.3 The Consumer waives all rights to full or partial termination of the Agreement or to full or partial suspension of his (payment) obligations.
Article 10 – PRICE
10.1 All prices stated on the Website and other materials from Lina Lien Cosmetics include VAT and any other government levies, unless otherwise indicated on the Website.
10.2 Lina Lien Cosmetics reserves the right to change prices at any time without giving reasons and in accordance with applicable laws and regulations.
10.3 In case of cross-border delivery of Products, Lina Lien Cosmetics will charge VAT and other government levies in accordance with applicable (international) laws and regulations. In addition, any import or customs duties may be passed on to the Customer.
10.4 Unless stated otherwise on the Website, shipping costs will be borne by the Consumer. The exact costs are displayed during the ordering process.
Article 11 – PAYMENT
11.1 The consumer must pay Lina Lien Cosmetics according to the payment methods stated in the ordering procedure and possibly on the website. Lina Lien Cosmetics has the freedom to choose the payment methods offered and may change them from time to time.
11.2 Unless otherwise stated in the agreement or additional conditions, the amounts due must be paid by the consumer within 14 days after the start of the reflection period, or if there is no reflection period, within 14 days after concluding the agreement. In the case of a service agreement, this period starts on the day following receipt of confirmation of the agreement by the consumer.
11.3 The general terms and conditions do not require the consumer to make an advance payment of more than 50% when selling products. If advance payment has been agreed, the consumer cannot claim any rights with regard to the execution of the order or service(s) in question before the advance payment has been made.
11.4 The consumer has the obligation to immediately report any inaccuracies in the payment details provided or stated to Lina Lien Cosmetics.
11.5 If the consumer does not meet his payment obligations on time, he will owe statutory interest on the outstanding amount after a reminder from Lina Lien Cosmetics in which a period of 14 days is set in which to make payment. In addition, Lina Lien Cosmetics is entitled to charge the extrajudicial collection costs that it has incurred. 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. Lina Lien Cosmetics may deviate from these amounts and percentages in favor of the consumer.
11.6 The consumer is obliged to report objections to (the amount of) an invoice to Lina Lien Cosmetics in writing and in as much detail as possible within 14 days of the invoice date. If the consumer has not raised any objections within 14 days of the invoice date, the invoice is deemed to have been approved. Objections to an invoice do not affect the consumer's payment obligation.
11.7 Lina Lien Cosmetics reserves the right to suspend the delivery of products if the consumer does not meet his payment obligations.
Article 12 - DELIVERY
12.1 The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
12.2 The place of delivery is the address that the consumer has made known to the entrepreneur.
12.3 Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute 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 he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
12.4 After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
12.5 The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 13 - WARRANTY
13.1 The entrepreneur ensures that every purchase meets the specifications of the offer and the reasonable requirements for normal use.
13.2 Any seller's or manufacturer's warranty provided by the entrepreneur to the consumer does not affect the scope of the legal warranty.
13.3 The above guarantees do not apply in the event of normal wear and tear or damage caused by culpable improper use or negligence in the maintenance of the purchase by the consumer.
Article 14 - COMPLAINTS AND DISPUTES
14.1 Dutch law applies to every agreement between the parties.
14.2 The entrepreneur has a complaint handling procedure that is accessible to the consumer.
14.3 If the consumer has a complaint, this complaint must be communicated to the entrepreneur immediately and clearly described.
14.4 The entrepreneur responds to complaints within 14 days.
14.5 In the event of an unresolvable complaint, it can also be submitted to the competent court.
Article 15 – WEBSITE AND PROVISION OF INFORMATION
15.1 The content of the Website has been compiled with the greatest care. However, Lina Lien Cosmetics cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials from Lina Lien Cosmetics are therefore subject to obvious programming and typing errors.
15.2 Lina Lien Cosmetics cannot be held responsible for (colour) deviations due to screen quality.
15.3 Lina Lien Cosmetics informs the Customer as best as possible about Products via the Website. However, providing information regarding the properties of the Product or technical data does not imply that Lina Lien Cosmetics issues any guarantee regarding the Product.
15.4 The Website may contain links to websites of other companies. Lina Lien Cosmetics has no control over (the content of) these websites, which means Lina Lien Cosmetics is not responsible for them.
15.5 Lina Lien Cosmetics is only obliged to provide information about allergens to the extent required by law. Since Lina Lien Cosmetics cannot predict whether the Customer will have an allergic reaction when using Products, Lina Lien Cosmetics is not responsible for this.
15.6 Lina Lien Cosmetics makes every effort to ensure that the Website functions properly and remains accessible at all times. However, Lina Lien Cosmetics cannot guarantee this. Lina Lien Cosmetics counts on the Customer's understanding during possible malfunctions or maintenance of the Website. The Customer cannot in any case hold Lina Lien Cosmetics liable for the damage the Customer suffers due to the fact that the Lina Lien Cosmetics Website is not accessible.
Article 16 – INTELLECTUAL PROPERTY RIGHTS
16.1. The purpose of the Agreement is not to transfer any intellectual property rights of Lina Lien Cosmetics and/or third parties engaged by it to the Customer.
16.2. The Customer is expressly prohibited from infringing the intellectual property rights, such as copyright, of Lina Lien Cosmetics and/or third parties engaged by it, as well as the good name of Lina Lien Cosmetics.
16.3. Both during and after termination of the Agreement, the Customer will not perform any actions that could infringe the intellectual property rights of Lina Lien Cosmetics and/or third parties engaged by it, as referred to in the previous paragraph.
Created on: May 26, 2023
Article 1 – Definitions
Article 2 – Applicability
Article 3 – Offer and Purchase Agreement
Article 4 – Right of withdrawal
Article 5 - Obligations of the consumer during the reflection period
Article 6 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 7 - Obligations of the entrepreneur in the event of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 – Dissolution
Article 10 – Price
Article 11 – Payment
Article 12 – Delivery
Article 13 – Warranty
Article 14 – Complaints and disputes
Article 15 – Website and provision of information
Article 16 – Intellectual property rights
Article 1 – DEFINITIONS
The following terms have the following meanings in these general terms and conditions:
Entrepreneur - the natural or legal person acting in the context of his trade, business, craft or profession, with the following identity:
Lina Lien Cosmetics
Postal address: Albergerbos 8, 2134 MS, Hoofddorp
Email address: info@linaliencosmetics.com
Chamber of Commerce number: 88684601
VAT number: NL004642714B46
Consumer - the buyer who acts for purposes outside his trade, business or profession
Parties - the entrepreneur and the consumer
Offer - the products that the entrepreneur offers for sale to the consumer
Products - all items to be delivered or delivered by Lina Lien Cosmetics to the Customer under the Agreement, such as but not limited to DIY Eyelash Extensions.
Purchase - the product that is purchased by the consumer from the entrepreneur through the purchase agreement
Reflection period - the period within which the consumer has the right of withdrawal
Day - calendar day
Right of withdrawal - the right for the consumer to cancel the purchase within the cooling-off period
Purchase agreement - the conclusion of an agreement in which the entrepreneur undertakes to give an item and the consumer undertakes to pay a purchase price for this item
Distance purchase - a purchase agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales or services without the simultaneous personal presence of the entrepreneur and the consumer and where only one or more means are used for remote communication
General Terms and Conditions - these general terms and conditions of Lina Lien Cosmetics are published on the Website under Chamber of Commerce number: 88684601.
Website - the website of Lina Lien Cosmetics, accessible via https://linaliencosmetics.com/ and all associated subdomains.
Intellectual Property Rights: Intellectual property rights is a collection of rights relating to intangible creative and innovative works. These rights protect the products of the human mind, such as inventions, literary and artistic works, brands, designs and trade secrets.
Article 2 - APPLICABILITY
2.1 These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2.2 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 viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
2.3 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 can be made available to the consumer electronically in such a way that it can be read by the consumer. can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
2.4 In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to him. is.
2.5 If a provision in the Agreement or General Terms and Conditions proves to be invalid, this will not affect the validity of the entire Agreement or General Terms and Conditions. In such a case, the parties will establish a new provision to replace it, which will do as much justice as possible to the intention of the original provision within the limits of the law.
Article 3 – OFFER AND PURCHASE AGREEMENT
3.1 If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
3.2 The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3.3 Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with acceptance of the offer.
3.4 An offer on the Website expires if a Product to which the offer relates is no longer available in the meantime.
3.5 Lina Lien Cosmetics cannot be held to an offer if the Customer can reasonably understand that the offer contains an obvious mistake or typo.
3.6 All DIY lash styles are named after eyelash extension styles available in a beauty salon. Nevertheless, our styles may differ from the styles that bear the same name in the salon. It is important to emphasize that no exclusive rights are reserved to the consumer if the Lina Lien Cosmetics lashes do not match the lash styles of a salon.
3.7 The Agreement is concluded at the time of acceptance by Lina Lien Cosmetics of the Consumer's order. Lina Lien Cosmetics has the right to refuse an order without giving a reason or to impose special conditions on the execution, such as advance payment.
3.8 If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
3.9 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.
3.10 The entrepreneur informs the consumer of his rights and obligations associated with acceptance of the offer.
3.11 The entrepreneur can, within legal frameworks, 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, based on 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.
3.12 The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a) the visiting address of the entrepreneur's branch where the consumer can go with complaints;
b) 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;
c) the information about warranties and existing after-sales service;
d) 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 execution of the distance contract;
e) the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f) if the consumer has a right of withdrawal, the model withdrawal form
g) if the consumer does not have a right of withdrawal, the information that the consumer does not have a right of withdrawal or, where applicable, the circumstances in which the consumer waives his right of withdrawal;
h) a reminder of the existence of the legal guarantee that the purchase must comply with the agreement, and any assistance provided to the consumer after purchase;
i) where applicable, the duration and termination conditions of the agreement;
j) where applicable, the existence of and the conditions for financial guarantees that the consumer must provide at the request of the entrepreneur.
3.13 In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
3.14 If it appears that the Consumer has provided incorrect information, Lina Lien Cosmetics reserves the right to only fulfill its obligation after the correct information has been received. In such a case, Lina Lien Cosmetics also has the authority to cancel the Agreement.
Article 4 - RIGHT OF WITHDRAWAL
4.1 The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
4.2 The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
a) if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.
b) 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, has received the last shipment or part;
c) in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.
4.3 The above remains unaffected if the product is received by a third party designated by the consumer.
4.4 For withdrawal, the consumer can use the withdrawal form provided by the entrepreneur, or another unambiguous statement to the entrepreneur.
4.5 Extended reflection period for products, services and digital content that is not delivered on a tangible medium if no information is provided about the right of withdrawal:
4.6 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.
4.7 If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.
Article 5 – OBLIGATIONS OF THE CONSUMER DURING THE REFLECTION PERIOD
5.1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would in a store.
5.2. The consumer is only liable for any reduction in value of the product that is the result of handling the product that goes beyond what is permitted in paragraph 1.
5.3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.
Article 6 – EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND THEIR COSTS
6.1 If the consumer exercises his right of withdrawal, he must report this to the entrepreneur within the reflection period of 14 days by means of the model withdrawal form or in another unambiguous manner.
6.2 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall 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 himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
6.3 The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
6.4 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
6.5 The consumer bears 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 he will bear the costs himself, the consumer does not have to bear the costs for return.
6.6 If the consumer revokes after having first expressly requested that the performance of the service or the supply of gas, water or electricity that are not prepared for sale in a limited volume or specific quantity commences during the cooling-off period, the consumer is the entrepreneur an amount is due that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
6.7 The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity that are not prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the model form for withdrawal, or;
b. the consumer has not expressly requested the start of the performance of the service or delivery of gas, water, electricity or district heating during the cooling-off period.
6.8 The consumer will not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
a. prior to its delivery, he has not expressly agreed to commence performance of the agreement before the end of the cooling-off period;
b. he has not acknowledged that he loses his right of withdrawal when granting his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
6.9 If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 7 – OBLIGATIONS OF THE ENTREPRENEUR IN THE EVENT OF WITHDRAWAL
7.1 If the entrepreneur enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receiving this notification.
7.2 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 him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
7.3 The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
7.4 If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 8 – EXCLUSION OF RIGHT OF WITHDRAWAL
The entrepreneur can 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 time before concluding the agreement:
8.1 Products or services whose price depends on fluctuations in the financial market over which the entrepreneur has no control and which can take place within the withdrawal period.
8.2 Agreements concluded during a public auction. A public auction is defined as a sales method in which the entrepreneur offers products, digital content and/or services to consumers who are personally present or have the opportunity to be personally present at the auction, led by an auctioneer. The successful bidder is obliged to purchase the products, digital content and/or services.
8.3 Service agreements that have been fully executed, but only if:
a) The performance has started with the express prior consent of the consumer; and
a) The consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement.
8.4 Package trips as defined in Article 7:500 of the Dutch Civil Code and agreements for passenger transport.
8.5 Service agreements for the provision of accommodation, if the agreement has a specific date or performance period and is not for residential purposes, freight transport, car rental or catering.
8.6 Agreements relating to leisure activities, if the agreement has a specific date or performance period.
8.7 Bespoke products that are not prefabricated and are manufactured based on individual choice or decision of the consumer, or are clearly intended for a specific person.
8.8 Products that spoil quickly or have a limited shelf life.
8.9 Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery.
8.10 Products that are irreversibly mixed with other products after delivery due to their nature.
8.11 Alcoholic drinks whose price was agreed upon when concluding the agreement, but delivery of which can only take place after 30 days and whose actual value depends on fluctuations in the market over which the entrepreneur has no control.
8.12 Sealed audio, video recordings and computer software of which the seal has been broken after delivery.
8.13 Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
8.14 The supply of digital content other than on a tangible medium, but only if:
a) the performance has started with the express prior consent of the consumer; and
b) the consumer has stated that he thereby loses his right of withdrawal.
Article 9 – SUSPENSION AND DISSOLUTION
9.1 In addition to the legal powers to dissolve and suspend, Lina Lien Cosmetics reserves the right to terminate the Agreement with immediate effect and/or suspend its execution in the event of one of the following events:
a) The Customer does not fulfill his obligations under the Agreement and/or General Terms and Conditions, not fully or not on time.
b) Lina Lien Cosmetics obtains information after concluding the Agreement that gives reasonable grounds to fear that the Customer will not fulfill his obligations.
c) The death of the Customer.
d) If the Customer submits a request to obtain (provisional) suspension of payments.
e) If the Customer is declared bankrupt or a petition for bankruptcy is submitted.
f) If the Customer's assets are seized.
g) If a decision is taken to dissolve and/or liquidate the Customer.
h) If the Customer is placed under guardianship or administration.
i) If the Customer otherwise loses the power of disposal or legal capacity with regard to his assets or parts thereof.
The Customer is obliged to immediately inform Lina Lien Cosmetics of the occurrence of any of the events mentioned in points d to i.
9.2 If Lina Lien Cosmetics uses its power to dissolve or suspend, all costs and damage suffered as a result will be borne by the Consumer. All claims of Lina Lien Cosmetics also become immediately due and payable.
9.3 The Consumer waives all rights to full or partial termination of the Agreement or to full or partial suspension of his (payment) obligations.
Article 10 – PRICE
10.1 All prices stated on the Website and other materials from Lina Lien Cosmetics include VAT and any other government levies, unless otherwise indicated on the Website.
10.2 Lina Lien Cosmetics reserves the right to change prices at any time without giving reasons and in accordance with applicable laws and regulations.
10.3 In case of cross-border delivery of Products, Lina Lien Cosmetics will charge VAT and other government levies in accordance with applicable (international) laws and regulations. In addition, any import or customs duties may be passed on to the Customer.
10.4 Unless stated otherwise on the Website, shipping costs will be borne by the Consumer. The exact costs are displayed during the ordering process.
Article 11 – PAYMENT
11.1 The consumer must pay Lina Lien Cosmetics according to the payment methods stated in the ordering procedure and possibly on the website. Lina Lien Cosmetics has the freedom to choose the payment methods offered and may change them from time to time.
11.2 Unless otherwise stated in the agreement or additional conditions, the amounts due must be paid by the consumer within 14 days after the start of the reflection period, or if there is no reflection period, within 14 days after concluding the agreement. In the case of a service agreement, this period starts on the day following receipt of confirmation of the agreement by the consumer.
11.3 The general terms and conditions do not require the consumer to make an advance payment of more than 50% when selling products. If advance payment has been agreed, the consumer cannot claim any rights with regard to the execution of the order or service(s) in question before the advance payment has been made.
11.4 The consumer has the obligation to immediately report any inaccuracies in the payment details provided or stated to Lina Lien Cosmetics.
11.5 If the consumer does not meet his payment obligations on time, he will owe statutory interest on the outstanding amount after a reminder from Lina Lien Cosmetics in which a period of 14 days is set in which to make payment. In addition, Lina Lien Cosmetics is entitled to charge the extrajudicial collection costs that it has incurred. 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. Lina Lien Cosmetics may deviate from these amounts and percentages in favor of the consumer.
11.6 The consumer is obliged to report objections to (the amount of) an invoice to Lina Lien Cosmetics in writing and in as much detail as possible within 14 days of the invoice date. If the consumer has not raised any objections within 14 days of the invoice date, the invoice is deemed to have been approved. Objections to an invoice do not affect the consumer's payment obligation.
11.7 Lina Lien Cosmetics reserves the right to suspend the delivery of products if the consumer does not meet his payment obligations.
Article 12 - DELIVERY
12.1 The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
12.2 The place of delivery is the address that the consumer has made known to the entrepreneur.
12.3 Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute 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 he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
12.4 After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
12.5 The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 13 - WARRANTY
13.1 The entrepreneur ensures that every purchase meets the specifications of the offer and the reasonable requirements for normal use.
13.2 Any seller's or manufacturer's warranty provided by the entrepreneur to the consumer does not affect the scope of the legal warranty.
13.3 The above guarantees do not apply in the event of normal wear and tear or damage caused by culpable improper use or negligence in the maintenance of the purchase by the consumer.
Article 14 - COMPLAINTS AND DISPUTES
14.1 Dutch law applies to every agreement between the parties.
14.2 The entrepreneur has a complaint handling procedure that is accessible to the consumer.
14.3 If the consumer has a complaint, this complaint must be communicated to the entrepreneur immediately and clearly described.
14.4 The entrepreneur responds to complaints within 14 days.
14.5 In the event of an unresolvable complaint, it can also be submitted to the competent court.
Article 15 – WEBSITE AND PROVISION OF INFORMATION
15.1 The content of the Website has been compiled with the greatest care. However, Lina Lien Cosmetics cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials from Lina Lien Cosmetics are therefore subject to obvious programming and typing errors.
15.2 Lina Lien Cosmetics cannot be held responsible for (colour) deviations due to screen quality.
15.3 Lina Lien Cosmetics informs the Customer as best as possible about Products via the Website. However, providing information regarding the properties of the Product or technical data does not imply that Lina Lien Cosmetics issues any guarantee regarding the Product.
15.4 The Website may contain links to websites of other companies. Lina Lien Cosmetics has no control over (the content of) these websites, which means Lina Lien Cosmetics is not responsible for them.
15.5 Lina Lien Cosmetics is only obliged to provide information about allergens to the extent required by law. Since Lina Lien Cosmetics cannot predict whether the Customer will have an allergic reaction when using Products, Lina Lien Cosmetics is not responsible for this.
15.6 Lina Lien Cosmetics makes every effort to ensure that the Website functions properly and remains accessible at all times. However, Lina Lien Cosmetics cannot guarantee this. Lina Lien Cosmetics counts on the Customer's understanding during possible malfunctions or maintenance of the Website. The Customer cannot in any case hold Lina Lien Cosmetics liable for the damage the Customer suffers due to the fact that the Lina Lien Cosmetics Website is not accessible.
Article 16 – INTELLECTUAL PROPERTY RIGHTS
16.1. The purpose of the Agreement is not to transfer any intellectual property rights of Lina Lien Cosmetics and/or third parties engaged by it to the Customer.
16.2. The Customer is expressly prohibited from infringing the intellectual property rights, such as copyright, of Lina Lien Cosmetics and/or third parties engaged by it, as well as the good name of Lina Lien Cosmetics.
16.3. Both during and after termination of the Agreement, the Customer will not perform any actions that could infringe the intellectual property rights of Lina Lien Cosmetics and/or third parties engaged by it, as referred to in the previous paragraph.
Created on: May 26, 2023
