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Terms And Conditions

General Terms and Conditions of Happy Beauty Brands B.V. trading as DejaVous Parfums

Article 1 – Definitions

In these conditions, the following terms shall have the following meanings:

  • Ancillary 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 entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  • Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
  • Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
  • Day: calendar day;
  • Digital content: data which are produced and supplied in digital form;
  • Durable contract: an agreement that provides for the regular delivery of goods, services and/or digital content over a specific period;
  • Durable medium: any means – including email – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation or use for a period that is geared to the purpose for which the information is intended, and which allows for the unchanged reproduction of the stored information;
  • Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
  • Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
  • Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusive or partial use is made of one or more means of distance communication;
  • Means of distance communication: a means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same room at the same time.

Article 2 – Identity of the Entrepreneur

Happy Beauty Brands B.V. trading as DejaVous Parfums Visiting address: Middelstegracht 8 R, 2312 TW, Leiden Email: Telephone: 085-2737545 Chamber of Commerce number: 96262036

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, before the distance contract is concluded, indicate how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon 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 terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. 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 to the consumer free of charge upon request, either electronically or otherwise.
  4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may, in the event of conflicting conditions, always invoke the applicable provision that is most favorable to him.

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 contains a complete and accurate description of the products, digital content 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 representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  3. Every 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. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set thereby.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures to this end.
  4. The entrepreneur can – within the legal framework – inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or request, stating his reasons, or to attach special conditions to the execution.
  5. The entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, at the latest upon delivery of the product, service or digital content: a. the visiting address of the entrepreneur’s establishment where the consumer can go with complaints; b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. the information about guarantees 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 performance 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.
  6. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

For products:

  1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of 15 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).
  2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not 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 him, has 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 several products with a different delivery time. 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 the last part. c. in the case of agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content not supplied on a tangible medium:

  1. The consumer can dissolve a service agreement and an agreement for the supply of digital content that is not supplied on a tangible medium for a period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for the withdrawal, but may not oblige him to state his reason(s).
  2. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium in case of failure to inform about the right of withdrawal:

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
  2. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months of the commencement 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 will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
  2. The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for the 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 conclusion of the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer makes use of his right of withdrawal, he shall report this to the entrepreneur within the cooling-off period by means of the model withdrawal form.
  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 observed the return period if he returns the product before the cooling-off period has expired.
  3. The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer has to 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 the return.
  6. The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium if: a. he has not explicitly agreed prior to its delivery to the commencement of the performance of the contract before the end of the cooling-off period; b. he has not acknowledged losing his right of withdrawal by giving his consent; or c. the entrepreneur has failed to confirm this statement from the consumer.
  7. If the consumer makes use of his right of withdrawal, all ancillary agreements are dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in case of withdrawal

  1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will send a confirmation of receipt of this notification without delay.
  2. The entrepreneur shall reimburse all payments from the consumer, with the exception of 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 the reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
  3. For the reimbursement, the entrepreneur shall use the same means of payment that the consumer has used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.

Article 10 – Exclusion of the 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 good time before the conclusion of the agreement:

  1. Products that spoil quickly or have a limited shelf life;
  2. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery (Large part of the assortment of Happy Beauty Brands B.V. trading as DejaVous Parfums);
  3. Products that are manufactured to the consumer’s specifications, that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person;
  4. Products that by their nature have been inseparably mixed with other products after delivery;
  5. The supply of digital content not supplied on a tangible medium, but only if: a. the performance has begun with the consumer’s express prior consent; and b. the consumer has declared that he thereby loses his right of withdrawal.

Article 11 – The Price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
  3. Price increases within 3 months after 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 entrepreneur has stipulated this and: a. they are the result of statutory regulations or provisions; or b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
  5. The prices mentioned in the offer of products or services include VAT.

Article 12 – Performance of the agreement and extra guarantee

  1. The entrepreneur guarantees 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 legal 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 extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed in the performance of his part of the agreement.
  3. An extra guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed in the performance of his part of the agreement.

 

Article 13 – Delivery and Execution

  1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. With due observance of the provisions in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with convenient speed, but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Payment

  1. In the webshop you can pay with iDEAL, credit card (the card is charged directly at the time of payment) and Happy Beauty Brands B.V. trading as DejaVous Parfums gift vouchers.
  2. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
  3. When selling products to consumers, the consumer may never be obliged in the general terms and conditions to pay more than 50% in advance. When advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
  4. The consumer is obliged to report inaccuracies in the payment details provided or stated to the entrepreneur without delay.
  5. If the consumer does not meet his payment obligation(s) in time, he is, after he has been reminded by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, liable for the statutory interest on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the following € 5,000 with a minimum of € 40. The entrepreneur can deviate from the amounts and percentages mentioned for the benefit of the consumer.

Article 15 – Gift Vouchers

  1. Happy Beauty Brands B.V. trading as DejaVous Parfums does not accept refunds in cash.
  2. The gift vouchers / vouchers / prepaid cards can only be used in the webshop and in the Happy Beauty Brands B.V. trading as DejaVous Parfums stores.
  3. The gift voucher cannot be reloaded.
  4. A single-use gift voucher is comparable. The value of the gift voucher must match the value of the product sold in the webshop.
  5. The cards cannot be purchased anonymously once their value exceeds EUR 50.
  6. The maximum value is EUR 150.

Article 16 – Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur, fully and clearly described, within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after submission of the complaint, a dispute arises that is subject to the dispute settlement procedure.

Article 17 – Disputes

  1. On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law applies.
  2. A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
  3. The dispute must be brought before the Disputes Committee in writing no later than twelve months after the dispute arose.
  4. When the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer will have to state in writing within five weeks of a written request to that effect from the entrepreneur whether he also wishes this or whether he wants the dispute to be handled by the competent court. If the entrepreneur does not hear the consumer’s choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
  5. The Disputes Committee makes a decision under the conditions as set out in the rules of procedure of the Disputes Committee (http://www.degeschillencommissie.nl). The decisions of the Disputes Committee are made by way of binding advice.
  6. The Disputes Committee will not handle a dispute or will cease handling it if the entrepreneur has been granted a moratorium, has gone bankrupt or has actually ceased his business activities, before a dispute has been handled by the committee at the session and a final ruling has been made.1
  7. If, in addition to the Webshop Disputes Committee, another recognized disputes committee or one affiliated with the Foundation for Consumer Affairs Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Disputes Committee Foundation Webshop Quality Mark is preferably competent for disputes that mainly concern the method of sale or provision of services at a distance. For all other disputes, the other recognized disputes committee affiliated with the SGC or Kifid is competent.

Article 18 – Additional or Different Provisions

Additional provisions or provisions deviating from these general terms and conditions may 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.




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