General Terms & Conditions (Aladin Beauty)

Aladin Beauty (aladinbeauty.com)
Satijnbloem 45-47, 3068 JP Rotterdam, The Netherlands
CoC (KvK): 98784412 | VAT: NL868641704B01 | EORI: NL868641704
Email: info@aladinbeauty.nl | Tel: +31 6 23019905

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 withdrawal period
• Article 8 – Exercising the right of withdrawal & return costs
• Article 9 – Entrepreneur obligations in case of withdrawal
• Article 10 – Exclusion of the right of withdrawal
• Article 11 – The price
• Article 12 – Performance of the agreement & additional guarantee
• Article 13 – Delivery and execution
• Article 14 – Ongoing transactions: duration, cancellation & renewal
• Article 15 – Payment
• Article 16 – Complaints procedure
• Article 17 – Disputes / ODR
• Article 18 – Applicable law & competent court
• Appendix I – EU Model Withdrawal Form

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur.
• Withdrawal period: the period during which the consumer may exercise the right of withdrawal.
• Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession.
• Day: calendar day.
• Digital content: data produced and delivered in digital form.
• Ongoing agreement: an agreement aimed at regular supply of goods, services and/or digital content over a certain period.
• Durable medium: any tool – including email – enabling storage of information for future consultation and unchanged reproduction.
• Right of withdrawal: the option for the consumer to withdraw from the distance contract within the withdrawal period.
• Entrepreneur: Aladin Beauty, offering products and/or (access to) digital content and/or services to consumers at a distance.
• Distance contract: an agreement concluded between the entrepreneur and the consumer within an organised system for distance selling, using one or more means of distance communication.
• Model withdrawal form: the European model withdrawal form included in Appendix I.
• Means of distance communication: a means used to conclude an agreement without simultaneous presence of consumer and entrepreneur.

Article 2 – Identity of the entrepreneur

Company name: Aladin Beauty
Website: aladinbeauty.com

Registered address / business address:
Satijnbloem 45-47
3068 JP Rotterdam
The Netherlands

Telephone: +31 6 23019905
Email: info@aladinbeauty.nl
CoC (KvK): 98784412
VAT: NL868641704B01
EORI: NL868641704

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate how these terms can be inspected and that they will be sent free of charge upon request.
3. If the contract is concluded electronically, these terms can be provided electronically in such a way that the consumer can store them on a durable medium. If this is not reasonably possible, it will be indicated where they can be consulted and that they will be sent free of charge upon request.
4. If specific product or service terms also apply, the above applies accordingly, and in case of conflict the consumer may rely on the provision most favourable to them.

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated.
2. The offer contains a complete and accurate description of the products, digital content and/or services. Images are a truthful representation. Obvious mistakes or errors do not bind the entrepreneur.
3. Each offer contains information making clear the rights and obligations attached to acceptance, including:
   • price including taxes;
   • any delivery costs;
   • how the agreement is concluded and what actions are required;
   • whether the right of withdrawal applies;
   • payment, delivery and execution methods;
   • acceptance period / price guarantee period;
   • distance communication costs (if different from normal base rate);
   • whether the agreement is archived and how it can be consulted;
   • how the consumer can check/correct provided data before concluding the agreement;
   • other languages (if applicable);
   • codes of conduct (if applicable) and how to consult them;
   • minimum duration of the agreement for ongoing transactions (if applicable).

Article 5 – The agreement

1. The agreement is concluded when the consumer accepts the offer and fulfils the stated conditions (subject to paragraph 4).
2. If accepted electronically, the entrepreneur will promptly confirm receipt electronically. Until that confirmation, the consumer may dissolve the agreement.
3. The entrepreneur takes appropriate measures to secure electronic data transfer and provides a safe web environment. If electronic payment is possible, appropriate security measures will be observed.
4. The entrepreneur may investigate whether the consumer can meet payment obligations. If there are good grounds not to enter into the agreement, the entrepreneur may refuse an order or attach special conditions.
5. The entrepreneur will provide the consumer, in writing or in a storable manner on a durable medium:
   • the visiting address for complaints;
   • withdrawal conditions and procedure (or clear exclusion statement);
   • information about warranties and after-sales service;
   • the information referred to in Article 4(3), unless already provided earlier.
6. Each agreement is subject to sufficient availability of the products concerned.

Article 6 – Right of withdrawal

Products

Withdrawal period: The consumer may withdraw within 14 days without giving any reason. The entrepreneur may ask for a reason, but the consumer is not obliged to provide one.

Start date: The withdrawal period starts the day after receipt of the product by the consumer or a third party designated by the consumer (not the carrier). For multiple products in one order, the period starts after receipt of the last product.

Services and digital content

The consumer may withdraw from a service agreement and an agreement for delivery of digital content not delivered on a tangible medium within 14 days without giving any reason. The withdrawal period starts the day after conclusion of the agreement.

Extension of withdrawal period

• If legally required withdrawal information is not provided, the withdrawal period ends 12 months after the end of the original period.
• If the information is provided within those 12 months, the withdrawal period ends 14 days after the consumer receives that information.

Article 7 – Consumer obligations during the withdrawal period

1. The consumer must handle the product and packaging with care and only use it to the extent necessary to determine its nature, characteristics and functioning.
2. The consumer is only liable for diminished value resulting from handling beyond what is permitted above.
3. The consumer is not liable for diminished value if the entrepreneur did not provide all legally required withdrawal information before or at the conclusion of the agreement.

Article 8 – Exercising the right of withdrawal & return costs

1. The consumer must notify the entrepreneur of withdrawal within the withdrawal period using the model withdrawal form or in another unambiguous way.
2. As soon as possible, but within 14 days after the day following the notification, the consumer must return the product or hand it over to the entrepreneur (or authorised representative), unless the entrepreneur offers to collect it.
3. The consumer must return the product with all accessories, if reasonably possible in original condition and packaging, and according to the entrepreneur’s reasonable instructions.
4. The risk and burden of proof for timely and correct withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product, unless the entrepreneur indicates otherwise.
6. If the consumer requested services to start during the withdrawal period and then withdraws, the consumer owes a proportionate amount for the part already performed.
7. No costs for services/utilities started during the withdrawal period if legally required information was not provided or if the consumer did not explicitly request the start.
8. No costs for digital content not delivered on a tangible medium if consent/acknowledgement/confirmation requirements were not met.
9. Withdrawal dissolves any additional agreements automatically.

Article 9 – Entrepreneur obligations in case of withdrawal

1. If withdrawal notification is possible electronically, the entrepreneur will send an acknowledgement of receipt without delay.
2. The entrepreneur will reimburse all payments, including delivery costs charged for the returned product, without delay and within 14 days from the day the consumer notifies withdrawal. The entrepreneur may withhold reimbursement until the product is received or proof of return is provided, whichever is earlier (unless the entrepreneur collects the product).
3. Reimbursement will be made using the same payment method unless otherwise agreed, and will be free of charge to the consumer.
4. If the consumer chose a more expensive delivery method than standard, the entrepreneur does not have to reimburse the additional costs.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal if clearly stated in the offer or in good time before conclusion of the agreement:

1. Products/services whose price depends on financial market fluctuations beyond the entrepreneur’s control.
2. Agreements concluded at a public auction.
3. Services fully performed, if started with explicit prior consent and the consumer acknowledged losing the right of withdrawal after full performance.
4. Package travel and passenger transport agreements.
5. Accommodation services for a specific date/period (non-residential), goods transport, car rental and catering.
6. Leisure activities for a specific date/period.
7. Custom-made or clearly personalised products.
8. Products that spoil quickly or have limited shelf life.
9. Sealed products not suitable for return due to health/hygiene once unsealed after delivery.
10. Products irreversibly mixed with other products after delivery.
11. Alcoholic beverages delivered after 30 days with market-dependent value.
12. Sealed audio/video recordings or software unsealed after delivery.
13. Newspapers, magazines and journals (except subscriptions).
14. Digital content not delivered on a tangible medium if performance began with explicit consent and the consumer acknowledged losing the right of withdrawal.

Article 11 – The price

1. Prices will not be increased during the validity period stated in the offer, except due to changes in VAT rates.
2. Variable prices may apply to products/services dependent on financial market fluctuations beyond the entrepreneur’s control (indicative prices may be used).
3. Price increases within 3 months after conclusion are only permitted if they result from statutory regulations.
4. Price increases after 3 months are only permitted if agreed and caused by statutory regulations or if the consumer may terminate as of the effective date.
5. Prices stated include VAT.

Article 12 – Performance of the agreement & additional guarantee

1. The entrepreneur guarantees that products/services comply with the agreement, stated specifications, reasonable requirements of soundness/usability, and applicable legal provisions in force at the time of conclusion.
2. Any additional guarantee never limits statutory consumer rights if the entrepreneur fails to fulfil the agreement.
3. An “additional guarantee” means any commitment granting rights beyond what is legally required if the entrepreneur fails to fulfil their obligations.

Article 13 – Delivery and execution

1. The entrepreneur will take the greatest possible care in receiving and executing orders and assessing service requests.
2. Delivery takes place at the address provided by the consumer.
3. Accepted orders are executed promptly and no later than within 30 days, unless another delivery period is agreed. If delayed or partially/unable to fulfil, the consumer is informed within 30 days and may dissolve the agreement free of charge and claim compensation where applicable.
4. After dissolution, the entrepreneur will refund the amount paid without delay.
5. The risk of damage/loss lies with the entrepreneur until delivery to the consumer or their designated representative, unless otherwise agreed.

Article 14 – Ongoing transactions: duration, cancellation & renewal

Cancellation

1. Indefinite agreements for regular delivery of products/services may be cancelled at any time with a notice period of no more than one month.
2. Fixed-term agreements for regular delivery may be cancelled at the end of the fixed term with a notice period of no more than one month.
3. Consumers may cancel: at any time; in the same way as concluded; and with the same notice period as the entrepreneur.

Renewal

4. Fixed-term agreements may not be tacitly extended for a fixed term.
5. Newspapers/magazines may be tacitly extended for up to 3 months if the consumer can cancel at the end with one month notice.
6. Regular delivery agreements may only be tacitly extended for an indefinite period if the consumer may cancel at any time with one month notice (up to three months for less-than-monthly delivery of newspapers/magazines).
7. Trial subscriptions end automatically and are not tacitly continued.

Duration

8. If an agreement lasts more than one year, the consumer may cancel after one year with a notice period of no more than one month, unless reasonableness and fairness prevent earlier cancellation.

Article 15 – Payment

1. Unless stated otherwise, amounts must be paid within 14 days after the start of the withdrawal period, or within 14 days after conclusion if no withdrawal period applies. For services, the period starts the day after the consumer receives confirmation.
2. Advance payment may not exceed 50% in consumer sales. If agreed, no rights may be claimed regarding execution before the advance payment is made.
3. The consumer must report inaccuracies in payment details without delay.
4. In case of late payment after notice and a 14-day grace period, statutory interest and extrajudicial collection costs may be charged (with legal maximums and minimum €40), unless a more favourable arrangement applies for the consumer.

Article 16 – Complaints procedure

1. The entrepreneur has a complaints procedure and handles complaints accordingly.
2. Complaints must be submitted within a reasonable time after discovery, fully and clearly described.
3. Complaints are answered within 14 days of receipt. If more time is needed, the consumer receives an acknowledgement and expected timeline.
4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement; after that, a dispute arises.

Article 17 – Disputes / ODR

1. Dutch law applies exclusively to agreements to which these terms relate.
2. We recommend first reporting complaints by email to: info@aladinbeauty.nl (please include your order number).
3. EU consumers may also submit complaints via the European Commission ODR platform: Open the ODR platform.

Aladin Beauty
Satijnbloem 45-47, 3068 JP Rotterdam, The Netherlands

Article 18 – Applicable law & competent court

18.1 Dutch law applies exclusively to all offers, quotations, agreements and these General Terms & Conditions.

18.2 All disputes arising from or related to offers, quotations, agreements and/or these General Terms & Conditions shall be submitted exclusively to the competent court in Rotterdam, The Netherlands.

Appendix I – EU Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

To:
Aladin Beauty
Satijnbloem 45-47
3068 JP Rotterdam
The Netherlands
Email: info@aladinbeauty.nl
Tel: +31 6 23019905

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*):
_____________________________________________

Ordered on (*) / received on (*):
_____________________________________________

Name of consumer(s):
_____________________________________________

Address of consumer(s):
_____________________________________________

Signature of consumer(s) (only if this form is notified on paper):
_____________________________________________

Date:
_____________________________________________

(*) Delete as appropriate.