Article 1 - Definitions
In these terms and conditions the following definitions apply:
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
Distance contract: an agreement whereby in the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being together in the same room at the same time.
General Conditions: the present General Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
E-mail address:Ā info
Chamber of Commerce number:Ā 823.50.41.09
Address: The Netherlands
Article 3 - Applicability
1. These general conditions apply to any offer from the entrepreneur and any agreement reached at a distance between entrepreneur and consumer and any order placed through www.flawlessdays.com.
2. Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions are available for inspection at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer's request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent free of charge to the consumer, at his request, either electronically or in another way.
4. If one or more provisions in these general conditions at any time are wholly or partially void or voided, then the remainder of the agreement and these conditions will remain in effect and the provision in question will be replaced immediately by a provision that approaches the intent of the original as closely as possible.
5. Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
6. Uncertainty about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these terms and conditions.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur has the right to change and adapt the offer at any time.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer will not bind the entrepreneur.
4. All images, specifications and data in the offer are indicative and may not lead to compensation or dissolution of the contract.
5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown will exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what his rights and obligations are, which are connected to the acceptance of the offer. This concerns in particular:
the price;
the possible costs of shipment;
the way 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 the entrepreneur guarantees the price; and
the minimum duration of the remote agreement in case of an extended transaction.
Optional: available sizes, colors, type of materials.
Article 5 - The agreement
1. The agreement comes into effect, subject to that which is stated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby set have been fulfilled.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer by means of a confirmation email.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may - within legal limits - obtain information about the consumer's ability to fulfill his payment obligations, as well as about all those facts and factors which are important for a responsible conclusion of the distance contract. If, on the basis of this research, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order, agreement or application or to attach special conditions to the implementation.
Article 6 - Right of withdrawal
1. When purchasing products, the consumer has the possibility of dissolving the contract without giving reasons for 14 days.
2. This cooling-off period commences on the day following receipt of the product by the consumer.
3. During the cooling-off period the consumer will handle the product and packaging with care. He will only unpack or view the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and in the original condition and packaging to the entrepreneur, according to the entrepreneur provided reasonable and clear instructions.
4. If the consumer wishes to make use of his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days after receiving the product and to return the product within this period. The consumer must notify the entrepreneur by sending an email to the customer service via info@flawlessdays.com or by filling out the contact form on https://flawlessdays.com/pages/contact.
5. Any decrease in value of the product caused by careless handling will be charged to the consumer.
6. If, at the end of the 14-day cooling-off period, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 - Satisfaction Guarantee
If you are not satisfied with any of our products you have received, we are of course very sorry to hear that. We strive for everyone to be satisfied! If you are not satisfied and want to make use of the satisfaction guarantee, you must contact our customer service so that we can help you further. You must take the following steps to meet the conditions to make use of the satisfaction guarantee:
1. Contact our customer service.
2. Indicate why you are not satisfied with the product.
3. We will see if you can still be satisfied with the product.
4. If you are not satisfied with the product, you can check if it meets the return conditions. This means that a product must be in its original packaging and may not have been used. Read more about the return conditionsĀ hereĀ
5. If you meet the return conditions, we will send you a return address.
6. If the item has been received back by our supplier, we willĀ refund the purchase price.
Article 8 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, the costs of returning the products shall be borne by the consumer.
2. If the consumer has paid a purchase price, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the returned product has already been received by the entrepreneur.
Article 9 - Exclusion of the right of withdrawal
The operator can exclude the right of withdrawal of the consumer for certain products. Exclusion of the right of withdrawal is possible for products
That has been created by the entrepreneur in accordance with the specifications of the consumer;
That are clearly personal in nature;
Which cannot be returned due to their nature;
That spoil or age quickly;
Whose price depends on fluctuations in the financial market on which the entrepreneur has no influence;
For individual newspapers and magazines;
For audio and video recordings and computer software of which the consumer has broken the seal.
For hygienic products like hair curlers, lipgloss and other personal care items.
Article 10 - The price
All prices are subject to printing and typesetting errors. For the consequences of misprints no liability is accepted. In case of misprints the entrepreneur is not obliged to deliver the product at the wrong price.
Article 11 - Compliance and Warranty
1. The entrepreneur guarantees that the products and / or services meet the contract, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations.
2. Any defects or wrongly delivered products should be reported in writing to the entrepreneur within 14 days after delivery.
3. The warranty does not apply if:
- The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or contrary to the instructions of the entrepreneur and / or on the packaging;
- The inadequacy in whole or in part is the result of government regulations that have been or will be imposed on the nature or quality of the materials used.
Article 12 - Delivery and implementation
1. The entrepreneur will take the utmost care in receiving and carrying out orders of products.
2. Subject to what is stated in Article 4 of these terms and conditions, the entrepreneur will accept orders expeditiously but not later than 45 days, unless consumers have agreed to a longer delivery period.
Article 13 - Payment
1. Unless otherwise agreed, the amounts due by the consumer should be paid within 7 working days after placing the order.
2. The consumer has the duty to inaccuracies in data supplied or specified payment to report immediately to the entrepreneur.
3. In case of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur has the right to charge any predetermined reasonable costs incurred to the consumer.
Article 14 - Complaints
1. Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days after the consumer has found the defects.
2. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
Article 15. Applicable law and choice of forum
1. The legal relationship between the entrepreneur and consumer is governed by Dutch law. Disputes arising from the legal relationship between the entrepreneur and the consumer can only be submitted to a Dutch court.
2. All disputes as referred to in paragraph 1, will only be submitted to the competent court of the District Court of Amsterdam, unless provisions of mandatory law indicate another competent court.
Article 16. Amendments
The Company is entitled to amend or supplement these General Terms and Conditions