Consumer Terms and Conditions
Article 1. General Terms and Conditions of The Hairstuff Company B.V.
These General Terms and Conditions of The Hairstuff Company B.V. (hereinafter: Hairstuff.be)
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 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the trader in the event of withdrawal
Article 11 - The price
Article 12 - Fulfilment and extra guarantee
Article 13 - Delivery and performance
Article 14 - Open-ended transactions: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 – Disputes
Article 18 - Industry Guarantee
Article 19 - Additional or differing provisions
Article 20 – Amendments to the General Terms and Conditions Hairstuff.be
Article 1 - Definitions
In these terms and conditions, the following terms have the following meanings:
1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
2. Cooling-off period: the period within which the consumer can make use of their right of withdrawal;
3. Consumer: a natural person who is not acting for purposes relating to their trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Duration agreement: an agreement that entails the regular supply of goods, services and/or digital content during a certain period;
7. Durable medium: any instrument - including email - that enables the consumer or trader to store information addressed personally to them in a way that makes it accessible for future reference for a period appropriate to the purposes for which the information is intended, and which allows the unchanged reproduction of the stored information;
8. Right of withdrawal: the option for the consumer to renounce the distance contract within the cooling-off period;
9. Trader: a natural or legal person who is a member of Hairstuff.be and offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: an agreement concluded between the trader and the consumer within the framework of an organised system for the distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusive or joint use is made of one or more techniques for distance communication;
11. Model cancellation form: the European model cancellation form included in Annex I to these terms and conditions; Annex I does not need to be provided if the consumer does not have a right of withdrawal in respect of their order;
12. distance communication technique: means that can be used for the conclusion of an agreement, without the consumer and trader having to be in the same space at the same time.
Article 2 - Identity of the entrepreneur
Name of business: The Hairstuff Company B.V.
Trading as:
Hairstuff.be
Registered office:
Kempenlaan 38, 2300 Turnhout
Registered address (shop and warehouse):
Antwerpsesteenweg 267/1, 2390 Westmalle
Telephone number: +3214677395
Accessibility:
Monday to Friday from 08:00 to 17:00,
and on Saturday from 08:00 until 15:00.
Email address: info@hairstuff.be
Company number (CBE): 0670.975.031
VAT number: BE 0670.975.031
Article 3 - Applicability
1. These terms and conditions apply to every offer made by the business and to every distance contract concluded between the business and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is reasonably not possible, the trader shall indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that it can be stored by the consumer in a simple manner on a durable medium. If this is reasonably impossible, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent free of charge by electronic means or otherwise at the request of the consumer.
4. In the event that specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of contradictory terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
Article 4 - The offer
1. If an offer is of limited duration or is made subject to conditions, this shall be explicitly stated in the offer.
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 proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or apparent errors in the offer are not binding on the trader.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
2. If the consumer has accepted the offer by electronic means, the trader shall without delay acknowledge receipt by electronic means of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and
organisational measures for the security of the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures to that end.
4. The trader can - within legal frameworks - ascertain whether the consumer has
can meet payment obligations, as well as all those facts and factors that are important for a
responsibly entering into the distance contract. If the trader has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse an order or request, stating the reasons, or to attach special conditions to the execution.
5. The trader shall provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, no later than upon delivery of the product, service or digital content:
a. the visiting address of the trader's establishment where the consumer can lodge 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. information on warranties and existing after-sales service;
d. the price of the product, service or digital content including all taxes; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the contract if the contract has a term of more than one year or is of indefinite duration;
(f) if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuous supply, the provision in the preceding paragraph shall apply only to the first delivery.
Article 6 - Right of withdrawal
For products:
1. The consumer may cancel an agreement for the purchase of a product during a cooling-off period of 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but cannot oblige them to state their reason(s).
2. The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer (other than the carrier), has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The trader may, provided that they have clearly informed the consumer of this prior to the ordering process, refuse an order comprising multiple products with different delivery times.
b. where the supply of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by them, received the final consignment or the final part;
c. in the case of agreements for the regular delivery of products during a specified period: the day on which the consumer, or a third party designated by them, has received the first product. In the case of services and digital content not supplied on a tangible medium:
3. The consumer may withdraw from a contract for the provision of services and a contract for the supply of digital content not supplied on a tangible medium within 14 days without giving any reason. The trader may ask the consumer for the reason for the withdrawal, but may not require the consumer to state their
reason(s) require.
4. The cooling-off period referred to in paragraph 3 shall commence on the day following the conclusion of the contract. Extended cooling-off period for products, services and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:
5. If the trader has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period shall expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If the trader has provided the consumer with the information referred to in the preceding paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
2. The consumer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
3. The consumer shall not be liable for any reduction in the value of the product if the trader has not provided them with all the legally required information regarding the right of withdrawal either before or at the time of concluding the contract.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises their right of withdrawal, they must notify the trader of this within the cooling-off period using the model withdrawal form or by other unambiguous means.
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 the trader or a person authorised by the trader. This is not required if the trader has offered to collect the product themselves. In any event, the consumer shall be deemed to have complied with the return period if they return the product before the cooling-off period has expired.
3. The consumer must return the product with all accessories supplied, in its original condition and packaging where reasonably possible, and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and the burden of proof regarding the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer shall bear the direct cost of returning the product. If the trader has not stated that the consumer must bear these costs or if the trader indicates that they will bear the costs themselves, the consumer shall not be required to bear the return costs.
6. If the consumer withdraws after having first expressly requested that the performance of the service or the delivery of gas, water or electricity not made ready for sale in a limited volume or set quantity should commence during the cooling-off period, the consumer shall owe the trader an amount that is proportional to that part of the obligation fulfilled by the trader at the time of withdrawal, compared with the full fulfilment of the obligation.
7. The consumer shall not bear any costs for the provision of services or the supply of water, gas or electricity which have not been prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the trader has not provided the consumer with the information required by law regarding the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form, or;
b. the consumer has not expressly requested that the service or the supply of gas, water, electricity or district heating commence during the cooling-off period.
8. The consumer bears no cost for the full or partial supply of digital content not supplied on a tangible medium, if:
a. he has not expressly agreed to the commencement of performance prior to delivery
of the agreement before the cooling-off period has expired;
b. he has not acknowledged that he forfeits his right of withdrawal by giving his consent; or
c. the trader has failed to confirm this statement made by the consumer.
9. If the consumer exercises their right of withdrawal, all ancillary agreements shall be terminated by operation of law.
Article 9 - Obligations of the trader in the event of withdrawal
1. If the trader enables the consumer to submit the notice of withdrawal by electronic means, they shall send an acknowledgement of receipt without delay after receiving this notice.
2. The trader shall refund all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days of the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product themselves, they may delay the refund until they have received the product or until the consumer provides evidence that they have returned the product, whichever is earlier.
3. The trader shall use the same means of payment that the consumer used for the transaction, unless the consumer has expressly agreed otherwise and provided that the consumer does not incur any fees as a result of such reimbursement.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader is not required to refund the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this when making the offer, or at least in good time before concluding the agreement:
1. Products or services whose price is dependent on fluctuations in the financial market over which the trader has no control and which may occur within the cooling-off period
2. Agreements concluded during a public auction. A public auction is defined as a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who attends or is given the opportunity to attend the auction in person, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
a. performance has begun with the consumer's explicit prior consent; and
b. the consumer has acknowledged that they lose their right of withdrawal once the trader has fully performed the agreement;
4. Package travel as referred to in Section 7:500 of the Dutch Civil Code and contracts of passenger transport;
5. Service contracts for the provision of accommodation, other than for residential purposes, carriage of goods, car rental services and catering, if the contract provides for a specific date or period of performance;
6. Agreements regarding leisure activities, if the agreement provides for a specific date or period of performance thereof;
7. Goods made to the consumer’s specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed goods which are not suitable for return for reasons of health protection or hygiene and where the seal has been broken after delivery;
10. Products which, by their nature, are irrevocably mixed with other products after delivery;
11. Alcoholic beverages where the price has been agreed upon at the conclusion of the sales contract, the delivery of which can only take place after 30 days, and whose actual value is dependent on fluctuations in the market over which the trader has no control;
12. Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
13. Newspapers, periodicals or magazines, with the exception of subscriptions to them;
14. The supply of digital content not on a tangible medium, but only if:
a. performance has begun with the consumer's explicit prior consent; and
b. the consumer has acknowledged that they will lose their right of withdrawal as a result.
Article 11 - The price
1. During the period of validity stated in the offer, the prices of the offered products and/or services will not be increased, subject to price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the trader may offer products or services at variable prices where the prices are subject to fluctuations in the financial market over which the trader has no influence. This dependence on fluctuations and the fact that any prices quoted are indicative prices must be stated in the offer.
3. Price increases within 3 months of 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 the business has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices quoted in the offer of products or services are inclusive of VAT.
Article 12 - Performance of the agreement and extra warranty
1. The entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement.
If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the trader, their supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer may assert against the trader under the agreement if the trader has failed to fulfil their part of the agreement.
3. An extra guarantee is understood to mean any commitment by the trader, their supplier, importer or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in the event that they have failed to fulfil their part of the agreement.
Article 13 - Delivery and performance
1. The entrepreneur shall exercise the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.
2. The address that the consumer has made known to the trader shall be deemed to be the place of delivery.
3. Subject to what is stated in article 4 of these general terms and conditions, the trader shall execute accepted orders with due despatch, yet no later than within 30 days, unless a different delivery period has been agreed upon. If the delivery suffers a delay, or if an order cannot be carried out or can only be carried out in part, the consumer shall receive notification of this no later than 30 days after having placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation for damages.
4. Following dissolution in accordance with the previous paragraph, the trader shall promptly refund the amount paid by the consumer.
5. The risk of damage and/or loss of products shall be borne by the trader until the moment of delivery to the consumer or a representative previously designated and made known to the trader, unless expressly agreed otherwise.
Article 14 - Open-ended transactions: duration, termination and extension
Cancellation:
1. The consumer may terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to agreed cancellation rules and a notice period of at most one month.
2. The consumer may at any time terminate a fixed-term agreement that extends to the regular delivery of products (including electricity) or services, by the end of the fixed term, with due observance of agreed cancellation rules and a
notice period of at most one month.
3. The consumer may, in respect of the agreements referred to in the preceding paragraphs,:
a. cancel at any time and not be restricted to cancellation at a specific time or during a specific period;
b. at least terminate in the same manner as they were entered into by him;
c. always terminate with the same notice period as the trader has stipulated for themselves.
Extension:
4. A fixed-term agreement that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.
5. Notwithstanding the previous paragraph, a fixed-term agreement for the regular supply of daily, news and weekly newspapers and magazines may be tacitly renewed for a definite period of a maximum of three months, provided that the consumer can terminate this renewed agreement towards the end of the renewal with a notice period of no more than one month.
6. A fixed-term agreement that provides for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer is entitled to terminate the agreement at any time subject to a notice period of no more than one month. The notice period shall be no more than three months in the event that the agreement provides for the regular, but less than monthly, delivery of daily newspapers, newsapers, weeklies and magazines.
7. A fixed-term agreement for the regular trial delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall end automatically upon expiry of the trial or introductory period.
Duration:
8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness dictate otherwise against termination before the end of the agreed duration.
Article 15 - Payment
1. In so far as not otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days of the cooling-off period commencing, or in the absence of a cooling-off period within 14 days of the conclusion of the agreement. In the case of an agreement for the provision of a service, this period commences on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the general terms and conditions must never require the consumer to make an advance payment exceeding 50%. Where advance payment has been stipulated, the consumer may not assert any rights regarding the fulfilment of the relevant order or service(s) until the stipulated advance payment has been made.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to the trader without delay.
4. If the consumer fails to meet their payment obligation(s) on time, and after the trader has notified them of the late payment and granted them a period of 14 days in which to fulfil their payment obligations, following the failure to pay within this 14-day period, the consumer shall owe statutory interest on the outstanding amount and the trader shall be entitled to charge the extrajudicial debt collection costs incurred by the trader. These collection costs shall not exceed: 15% on outstanding amounts up to €2.500; 10% on the
a further €2.500 and 5% on the next €5.000, subject to a minimum of €40. The trader may deviate from the aforementioned amounts and percentages in favour of the consumer.
Article 16 - Complaints procedure
1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the trader, fully and clearly described, within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the trader shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall reply within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the trader’s customer service can also be submitted via a complaints form on the consumer page of the Hairstuff.be website www.Hairstuff.be. The complaint will then be sent to both the trader concerned and Hairstuff.be.
5. The consumer must in any case give the trader 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement scheme.
Article 17 – Disputes
1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions relate
application.
2. Disputes between the consumer and the trader regarding the formation or performance of agreements concerning products and services to be supplied or supplied by this trader can, subject to the provisions set out below, be submitted to Belmed by both the consumer and the trader. https://meldpunt.belgie.be.
3. Belmed will only handle a dispute if the consumer has first submitted their complaint to the business within a reasonable time.
4. If the complaint does not lead to a solution, the dispute must be submitted in writing or in another form to be determined by Belmed to Belmed no later than 12 months after the date on which the consumer submitted the complaint to the trader.
5. When the consumer wants to submit a dispute to Belmed, the business is bound by this choice. Preferably, the consumer reports this first
To the business owner.
6. When the business owner wishes to submit a dispute to Belmed, the consumer must, within five weeks of a written request to that effect made by the business owner, state in writing whether they also wish to do so or prefer to have the dispute handled by the competent court. If the
if the trader does not receive the consumer's choice within the five-week period, the trader is entitled to refer the dispute to the competent court.
7. The Belmed shall issue a ruling in accordance with the conditions set out in the Belmed regulations https://meldpunt.belgie.be/meldpunt . The
Belmed decisions are made by way of binding advice.
8. The Belmed will not handle a dispute or will suspend the handling thereof if a moratorium of payment has been granted to the entrepreneur, if the entrepreneur has been declared bankrupt or has effectively terminated business activities, before a dispute has been handled by the Belmed at the hearing and a final decision has been rendered
former.
9. If, alongside Belmed, another recognised Belmed or one affiliated with the Belmeds for the FPS Economy has jurisdiction, for disputes primarily concerning the method of distance selling or provision of services, the preferred jurisdiction shall be Belmed. For all other disputes, the other recognised affiliated Belmed shall have jurisdiction.
Article 18 - Industry Guarantee
1. Hairstuff.be guarantees that its members will comply with the binding opinions issued by Belmed, unless a member decides to refer the binding opinion to the court for review within two months of its dispatch. This guarantee is reinstated if, following judicial review, the binding opinion is upheld and the judgment confirming this has become final. Up to a maximum amount of €10.000 per binding opinion, this sum will be paid out to the consumer by Hairstuff.be. For amounts exceeding €10.000 per binding opinion, €10.000 will be paid out. For the excess amount, Hairstuff.be has a best-efforts obligation to ensure that the member complies with the binding opinion.
2. For this guarantee to apply, the consumer must submit a written claim to Hairstuff.be and assign their claim against the trader to Hairstuff.be. If the claim against the trader exceeds €10.000, the consumer will be offered the option to assign the portion of their claim exceeding €10.000 to Hairstuff.be, whereupon this organisation will, in its own name and at its own expense, seek payment through the courts to satisfy the consumer’s claim.
Article 19 - Additional or differing provisions
Additional provisions or provisions deviating from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.
Article 20 – Amendments to the General Terms and Conditions Hairstuff.be.
1. Hairstuff.be will not amend these general terms and conditions without consulting the FPS Economy.
2. Amendments to these terms and conditions shall only take effect after they have been published in an appropriate manner, on the understanding that in the event of applicable amendments during the validity of an offer, the provision most favourable to the consumer shall prevail.
Hairstuff.be
www.Hairstuff.be
Antwerpsesteenweg 267/1
2390 Westmalle
Annex 1 The model withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract)
To:
Hairstuff.be
Antwerpsesteenweg 267/1
2390 Westmalle
Tel.: +3214677395
Email: info@hairstuff.be
I/We* hereby inform you that I/we* cancel our agreement regarding
the sale of the following products: [product designation]*
the supply of the following digital content: [description of digital content]*
the provision of the following service: [service description]*,
revokes / revoke*
- Ordered on*/received on* [date of order for services or receipt for goods]
- [Consumer name(s)]
- [Consumer address]
- [Signature of consumer(s)] (only if this form is submitted on paper)
* Cross out what does not apply or tick what does apply
