Terms and Conditions Haarshop.com

Table of Contents:

  • Article 1 - Definitions
  • Article 2 - Identity of the Entrepreneur
  • Article 3 - Applicability
  • Article 4 - The Offer
  • Article 5 - The Agreement
  • Article 6 - Right of Withdrawal
  • Article 7 - Consumer Obligations During the Cooling-Off Period
  • Article 8 - Exercising the Right of Withdrawal by the Consumer and Associated Costs
  • Article 9 - Obligations of the Entrepreneur in Case of Withdrawal
  • Article 10 - Exclusion of the Right of Withdrawal
  • Article 11 - The Price
  • Article 12 - Compliance and Additional Warranty
  • Article 13 - Delivery and Execution
  • Article 14 - Ongoing Agreements: Duration, Termination, and Renewal
  • Article 15 - Payment
  • Article 16 - Complaints Procedure
  • Article 17 - Disputes
  • Article 18 - Industry Guarantee
  • Article 19 - Additional or Deviating Provisions
  • Article 20 - Amendments to the Terms and Conditions of Thuiswinkel.org

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  1. Supplementary Agreement: An agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are provided by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur.
  2. Cooling-off Period: The period within which the consumer may exercise their right of withdrawal.
  3. Consumer: A natural person who is not acting for purposes related to their trade, business, craft, or profession.
  4. Day: Calendar day.
  5. Digital Content: Data that is produced and delivered in digital form.
  6. Ongoing Agreement: An agreement intended for the regular supply of goods, services, and/or digital content over a specific period.
  7. Durable Medium: Any tool—such as email—that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation or use over a period appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information.
  8. Right of Withdrawal: The consumer's option to withdraw from the distance contract within the cooling-off period.
  9. Entrepreneur: The natural or legal entity who is a member of Thuiswinkel.org and offers products, (access to) digital content, and/or services remotely to consumers.
  10. Distance Contract: A contract concluded between the entrepreneur and the consumer within the framework of an organized system for remote sales of products, digital content, and/or services, where exclusive or joint use is made of one or more remote communication techniques up to and including the conclusion of the contract.
  11. Model Withdrawal Form: The European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer does not have a right of withdrawal for their order.
  12. Remote Communication Technique: A means that can be used to conclude an agreement without the consumer and the entrepreneur having to be in the same place simultaneously.

Article 2 - Identity of the Entrepreneur

Company Name: Haarshop Professional Duiven B.V.
Trading under the name(s): Haarshop.com

Registered Address:
Ratio 16-B,
6921 RW Duiven,
The Netherlands

Telephone Number: +31 26 321 0966
Availability: Monday to Friday from 09:30 AM to 5:30 PM

Email Address: [email protected]

Chamber of Commerce (KvK) Number: 09155717
VAT Number: NL815256206B01

 

Article 3 - Applicability

  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. 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 concluding the distance contract, how the general terms and conditions can be inspected and that they will be sent free of charge at the consumer's request.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium before concluding the contract. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically, and that they will be sent electronically or otherwise at the consumer’s request.
  4. In cases where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in case of conflicting conditions.

Article 4 - The Offer

  1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow a proper consumer assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the offered products, services, and/or digital content. Apparent errors or mistakes in the offer are not binding on the entrepreneur.
  3. Every offer includes information that clearly outlines the consumer’s rights and obligations associated with the acceptance of the offer.

Article 5 - The Agreement

  1. The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the stated conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the offer's acceptance electronically. As long as this acceptance has not been confirmed, the consumer may terminate the contract.
  3. 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.
  4. The entrepreneur may, within legal boundaries, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has legitimate grounds to refuse the agreement, they are entitled to reject an order or attach special conditions to its execution.
  5. The entrepreneur will provide the following information to the consumer at the latest upon delivery of the product, service, or digital content, in writing or in a manner that allows the consumer to store it on a durable medium:
    a. The business address of the entrepreneur’s establishment where the consumer can submit complaints;
    b. The conditions under which and how the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
    c. Information about warranties and existing after-sales services;
    d. The price, including all taxes, of the product, service, or digital content, applicable delivery costs, and payment, delivery, and execution methods of the distance contract;
    e. The requirements for contract termination if the contract has a duration of more than one year or an indefinite duration;
    f. If the consumer has a right of withdrawal, the model withdrawal form.

Article 6 - Right of Withdrawal

For Products:

  1. The consumer may withdraw from a contract regarding the purchase of a product within a 14-day cooling-off period without stating any reason. The entrepreneur may ask for the reason for withdrawal but cannot require the consumer to provide it.
  2. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, receives the product, or:
    a. If the consumer ordered multiple products in one order: the day on which the consumer, or their designated third party, receives the final product. The entrepreneur may, provided they clearly informed the consumer before the ordering process, refuse an order for multiple products with different delivery times.
    b. If the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or their designated third party, receives the last shipment or part.
    c. For contracts for the regular delivery of products over a period: the day on which the consumer, or their designated third party, receives the first product.

For Services and Digital Content Not Supplied on a Tangible Medium:
3. The consumer may withdraw from a service contract or a contract for the supply of digital content not supplied on a tangible medium within 14 days without providing any reason. The entrepreneur may ask for the reason for withdrawal but cannot require the consumer to provide it.
4. The cooling-off period referred to in paragraph 3 starts the day after the contract is concluded.

Extended Cooling-Off Period for Non-Disclosure of Right of Withdrawal:
5. If the entrepreneur fails to inform the consumer about the right of withdrawal or provide the model withdrawal form, the cooling-off period expires 12 months after the initial cooling-off period.
6. If the entrepreneur provides the required information within 12 months of the original cooling-off period's start, the withdrawal period will end 14 days after the consumer receives this information.

 

Article 7 - Consumer Obligations During the Cooling-Off Period

  1. During the cooling-off period, the consumer must handle the product and packaging with care. They may only unpack or use the product to the extent necessary to assess its nature, characteristics, and function, as they would in a physical store.
  2. The consumer is liable for any decrease in value if they handle the product in a way that exceeds what is necessary for evaluation.
  3. The consumer is not liable for depreciation if the entrepreneur failed to provide legally required information about the right of withdrawal before the contract was concluded.

Article 8 - Exercising the Right of Withdrawal by the Consumer and Associated Costs

  1. If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the cooling-off period via the model withdrawal form or another unambiguous statement.
  2. The consumer must return the product as soon as possible, but no later than 14 days after notifying the entrepreneur. The product must be returned with all accessories and in its original state and packaging, following the entrepreneur's reasonable instructions.
  3. The risk and burden of proof for timely and correct withdrawal lies with the consumer.
  4. The consumer bears the direct costs of returning the product, unless the entrepreneur has agreed to cover these costs.
  5. If the consumer withdraws after explicitly requesting the service or supply of utilities to begin during the cooling-off period, they owe the entrepreneur a proportional fee for the service already rendered.
  6. The consumer does not bear costs for:
    • Services where the entrepreneur failed to inform them about the withdrawal right.
    • Digital content if the consumer did not explicitly agree to waive their right of withdrawal before delivery.
  7. Upon withdrawal, all additional agreements are automatically terminated.

Article 9 - Obligations of the Entrepreneur in Case of Withdrawal

  1. If the entrepreneur offers electronic withdrawal notification, they must promptly confirm receipt.
  2. The entrepreneur refunds all consumer payments, including standard delivery charges, within 14 days of the withdrawal notification. However, they may delay the refund until they have received the returned product or proof of return, whichever comes first.
  3. Refunds are issued via the same payment method used for the purchase, unless otherwise agreed. The consumer incurs no costs for the refund.
  4. If the consumer chose a more expensive delivery method than the standard option, the entrepreneur does not need to refund the additional costs.

Article 10 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the following from withdrawal, provided they clearly state this before the contract is concluded:

  1. Products or services whose price depends on financial market fluctuations outside the entrepreneur's control.
  2. Contracts concluded at a public auction.
  3. Service contracts fully executed, provided the consumer:
    Explicitly agreed to the service starting before the cooling-off period ended.
    Acknowledged that they would lose the right of withdrawal once the service was completed.
  4. Customized or personalized products.
  5. Perishable or limited shelf-life products.
  6. Sealed products that are unsuitable for return due to health or hygiene reasons once the seal is broken.
  7. Digital content not delivered on a tangible medium, if the consumer:
    • Explicitly agreed to the immediate delivery.
    • Acknowledged losing their right of withdrawal.

Article 11 - The Price

  1. Prices are fixed during the offer’s validity period, except for VAT changes.
  2. The entrepreneur may offer products at variable prices when they are tied to financial market fluctuations beyond the entrepreneur’s control.
  3. Price increases within three months after contract conclusion are only allowed due to legal requirements.
  4. Price increases after three months are only valid if:
    • They result from legal requirements.
    • The consumer can terminate the contract before the price increase takes effect.
  5. Prices include VAT.

Article 12 - Compliance and Additional Warranty

  1. The entrepreneur guarantees that products and services conform to the contract, specifications, legal requirements, and reasonable usability expectations.
  2. Any extra warranty offered by the entrepreneur, supplier, or manufacturer never limits the consumer’s legal rights.
  3. Extra warranty refers to any commitment beyond legal obligations, providing the consumer additional rights or claims.

Article 13 - Delivery and Execution

  1. The entrepreneur exercises utmost care in receiving and processing orders.
  2. The place of delivery is the address provided by the consumer.
  3. Orders are executed within 30 days unless otherwise agreed. If delayed, the consumer has the right to cancel and receive a refund.
  4. The entrepreneur bears the risk of damage or loss until delivery to the consumer.

Article 14 - Ongoing Agreements: Duration, Termination, and Renewal

  1. The consumer may terminate ongoing agreements at any time with a one-month notice period.
  2. Fixed-term contracts may not be automatically extended except in special cases.
  3. After one year, a consumer may cancel a contract at any time with one month’s notice, unless reasonable fairness dictates otherwise.

Article 15 - Payment

  1. Unless otherwise specified in the contract or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period. If no cooling-off period applies, payment must be made within 14 days after contract conclusion.
  2. For product sales, the consumer cannot be required to make an advance payment of more than 50%. If advance payment is required, the consumer has no rights regarding order fulfillment until the payment has been received.
  3. The consumer must immediately report inaccuracies in payment details.
  4. If the consumer fails to pay on time, they receive a reminder with a 14-day deadline. If they still fail to pay, the entrepreneur may charge:
    • 15% on outstanding amounts up to €2,500.
    • 10% on the next €2,500.
    • 5% on the next €5,000 (minimum charge of €40).
      The entrepreneur may apply lower fees in favor of the consumer.

Article 16 - Complaints Procedure

  1. The entrepreneur has a well-publicized complaints procedure and handles complaints accordingly.
  2. Complaints must be fully and clearly described and submitted within a reasonable time after discovery.
  3. Complaints are addressed within 14 days. If more time is needed, the consumer is informed within 14 days with an expected resolution timeframe.
  4. Consumers may also submit complaints via Thuiswinkel.org at www.thuiswinkel.org.
  5. The consumer must give the entrepreneur four weeks to resolve the complaint before it is considered a dispute.

Article 17 - Disputes

  1. Dutch law exclusively applies to contracts between the entrepreneur and the consumer.
  2. Disputes about contracts for products or services may be submitted to the Thuiswinkel Disputes Committee, Postbus 90600, 2509 LP, The Hague (www.sgc.nl).
  3. A dispute is only considered if the consumer first submits a complaint to the entrepreneur.
  4. If unresolved, the dispute must be submitted within 12 months to the Disputes Committee.
  5. If the consumer initiates a dispute, the entrepreneur must comply with this choice.
  6. If the entrepreneur initiates a dispute, the consumer must respond within five weeks. If they fail to do so, the entrepreneur may take the case to court.
  7. The Disputes Committee’s ruling is binding.
  8. The committee does not handle cases if the entrepreneur goes bankrupt, applies for suspension of payments, or ceases operations before a final ruling.
  9. If multiple dispute resolution bodies are competent, the Thuiswinkel Disputes Committee is preferred for distance selling disputes.

Article 18 - Industry Guarantee

  1. Thuiswinkel.org guarantees that members comply with Disputes Committee rulings unless the entrepreneur takes the case to court within two months.
  2. Thuiswinkel.org ensures compliance up to €10,000 per binding ruling. If the amount exceeds €10,000, Thuiswinkel.org makes an effort to ensure full payment.
  3. To claim this guarantee, the consumer must submit a written request to Thuiswinkel.org and transfer their claim.

Article 19 - Additional or Deviating Provisions

  1. Additional or deviating provisions must not disadvantage the consumer and must be recorded in writing or stored on a durable medium accessible to the consumer.

Article 20 - Amendments to the Terms and Conditions

  1. Changes take effect only after publication and apply to offers and contracts thereafter.
  2. In case of amendments during an offer period, the most favorable condition for the consumer applies.

Annex I: Model Withdrawal Form

(To be completed and returned only if you wish to withdraw from the contract)

To:
[Company Name]
[Company Address]
[Fax Number (if available)]
[Email Address]

I/We () hereby notify you that I/we () withdraw from our contract regarding:

  • The purchase of the following product(s): [Product Description]
  • The supply of the following digital content: [Digital Content Description]
  • The performance of the following service: [Service Description]

Ordered on () / Received on (): [Date]
Consumer Name(s):
Consumer Address(es):
Consumer Signature (only if submitted on paper):
Date:

(*) Delete where not applicable.