Conditions

Conditions 2018-03-17T16:47:10+00:00

Terms and conditions – celluable BV

Index:

1 – Definitions
2 – Identity of the entrepreneur
3 – Applicability
4 – The offer
5 – The agreement
6 – Right of withdrawal
7 – Obligations of the consumer during the cooling-off period
8 – Exercise of the right of withdrawal by the consumer and costs thereof
9 – Obligations of the entrepreneur in case of withdrawal
10 – Exclusion of right of withdrawal
11 – The price
12 – Compliance and additional warranty
13 – Delivery and execution
14 – Duration transactions: duration, cancellation and extension
15 – Payment
16 – Complaints procedure
17 – Disputes
18 – Additional or deviating provisions

Article 1 Definitions
In these conditions:

Additional 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 provided 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 does not act for purposes related to his trade, business, craft or professional activity;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration contract: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
Durable data carrier: every device – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him in person in a way that future consultation or use during a period that is geared to the goal. for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person that 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 distance selling of products, digital content and / or services, whereby up to and including the conclusion of the agreement exclusively or partly used becomes one or more techniques for distance communication;
Model form for withdrawal: the European model form for withdrawal included in Appendix I of these conditions. Annex I does not have to be made available if the consumer does not have a right of withdrawal in respect of his order;
Technique for communication in the end: 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

Name: celluable BV;
Business address: Weesperstraat 61, 1018 VN Amsterdam;

Chamber of Commerce number: 68955634;
VAT identification number: 857663951B01;
Telephone number: (020) 7753840, available between 09:00 and 17:00; E-mail address: info@celluable.com.

Article 3 Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that has been concluded between the entrepreneur and the consumer.
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 before the distance contract is concluded, indicate how the general terms and conditions at the entrepreneur can be seen and that they will be sent free of charge as soon as possible at the request of the consumer.
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 can be made available electronically to the consumer in such a way that the consumer can a simple way can be stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be observed electronically and that they will be sent free of charge at the request of the consumer by electronic means or otherwise.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to him. .
Article 4 The offer

If an offer has a limited period of validity or is made subject to conditions, beThis is explicitly stated in the offer. 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 assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products, services and / or digital content. Obvious mistakes or errors in the offer are not binding on the entrepreneur. 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 The agreement is Subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt. of accepting the offer. As long as the receipt of this acceptance is not confirmed by the entrepreneur, the consumer can terminate the agreement. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures. The trader can – within legal frameworks – inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur on the basis of this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, or to impose special conditions on the execution. The entrepreneur will, no later than on delivery of the product, the service or digital content to the consumer 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, the following: the visiting address of the establishment of the entrepreneur where the consumer can go with complaints; the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal, the information about guarantees and the existing service after purchase; the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract, the requirements for termination of the contract if the contract has a duration of more than one year or is indefinite, if the consumer has a right of withdrawal, the model form for withdrawal In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.Article 6 Right of withdrawalAt products: The consumer can make an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving any reason. dissolve. The Entrepreneur may ask the Consumer about the reason for the withdrawal, but this does not oblige him to state his reason (s). The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third person designated in advance by the Consumer, who is not the carrier, has received the product, or: if the consumer ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has informed the consumer in a clear manner prior to the ordering process, refuse an order for several products with different delivery times. If the delivery of a product consists of several shipments or parts: the day on which the consumer, or has received a third party designated by it, the last shipment or the last part, in agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product. For services and digital content that is not delivered on a tangible medium: The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s). The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement. Extended cooling-off period vear products, services and digital content that has not been supplied on a tangible medium when not informing about the right of withdrawal: If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original reflection period set in accordance with the previous paragraphs of this article. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original period of reflection, the reflection period expires 14 days after the day on which the consumer who has received this information.Article 7 Consumer’s obligations during the cooling-off period During the cooling-off period, the consumer will carefully handle the product and the packaging. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation 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. 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 permitted in paragraph 1.The consumer is not liable for depreciation of the product if the entrepreneur not before or at the conclusion of the agreement all legally required information about the right of withdrawal has provided.Article 8 Exercise of the right of withdrawal by the consumer and costs thereof the consumer makes use of his right of withdrawal, he informs the entrepreneur within the cooling-off period by means of the standard form for withdrawal or otherwise unambiguously to the entrepreneur. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has complied with the return period if he returns the product before the reflection period has expired. The consumer returns the product with all delivered accessories, if reasonably possible in its original state and packaging, and in accordance with the instructions provided by the entrepreneur. provided reasonable and clear instructions.The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer. The consumer bears the direct costs of returning the product. If the trader has not reported that the consumer must bear these costs or if the trader indicates to bear the costs himself, the consumer does not have to bear the costs for return. If the consumer rescinds after having first explicitly requested that the transaction of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or a certain quantity commences during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that the entrepreneur has been fulfilled at the time of revocation, compared with the full fulfillment of the commitment. The consumer does not incur any costs for the execution of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity. , or to supply district heating if: the entrepreneur the consumer the legally required information about the the right of withdrawal, the cost reimbursement upon revocation or the standard form for withdrawal has not been provided, or the consumer has not expressly requested the commencement of the execution of the service or delivery of gas, water, electricity or district heating during the cooling-off period. no costs for the full or partial delivery of digital content not delivered on a physical carrier, if: prior to delivery it has not expressly agreed to commence the fulfillment of the agreement before the end of the cooling-off period; to lose his right of withdrawal when giving his consent; or the entrepreneur has failed to confirm this statement from the consumer. If the consumer exercises his right of withdrawal, all additional agreements are legally dissolved. Article 9 Obligations of the entrepreneur in case of withdrawal If the entrepreneur the notification of withdrawal by the consumer electronically possible He will send an acknowledgment of receipt immediately after receipt of this report. The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumerear products, services and digital content that has not been supplied on a tangible medium when not informing about the right of withdrawal: If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original reflection period set in accordance with the previous paragraphs of this article. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original period of reflection, the reflection period expires 14 days after the day on which the consumer who has received this information.Article 7 Consumer’s obligations during the cooling-off period During the cooling-off period, the consumer will carefully handle the product and the packaging. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation 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. 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 permitted in paragraph 1.The consumer is not liable for depreciation of the product if the entrepreneur not before or at the conclusion of the agreement all legally required information about the right of withdrawal has provided.Article 8 Exercise of the right of withdrawal by the consumer and costs thereof the consumer makes use of his right of withdrawal, he informs the entrepreneur within the cooling-off period by means of the standard form for withdrawal or otherwise unambiguously to the entrepreneur. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has complied with the return period if he returns the product before the reflection period has expired. The consumer returns the product with all delivered accessories, if reasonably possible in its original state and packaging, and in accordance with the instructions provided by the entrepreneur. provided reasonable and clear instructions.The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer. The consumer bears the direct costs of returning the product. If the trader has not reported that the consumer must bear these costs or if the trader indicates to bear the costs himself, the consumer does not have to bear the costs for return. If the consumer rescinds after having first explicitly requested that the transaction of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or a certain quantity commences during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that the entrepreneur has been fulfilled at the time of revocation, compared with the full fulfillment of the commitment. The consumer does not incur any costs for the execution of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity. , or to supply district heating if: the entrepreneur the consumer the legally required information about the the right of withdrawal, the cost reimbursement upon revocation or the standard form for withdrawal has not been provided, or the consumer has not expressly requested the commencement of the execution of the service or delivery of gas, water, electricity or district heating during the cooling-off period. no costs for the full or partial delivery of digital content not delivered on a physical carrier, if: prior to delivery it has not expressly agreed to commence the fulfillment of the agreement before the end of the cooling-off period; to lose his right of withdrawal when giving his consent; or the entrepreneur has failed to confirm this statement from the consumer. If the consumer exercises his right of withdrawal, all additional agreements are legally dissolved. Article 9 Obligations of the entrepreneur in case of withdrawal If the entrepreneur the notification of withdrawal by the consumer electronically possible He will send an acknowledgment of receipt immediately after receipt of this report. The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer ment informs him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier. The entrepreneur uses the same payment method for reimbursement. consumer, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.Article 10 Exclusion of the right of withdrawalThe entrepreneur can purchase the following products and services exclude the right of withdrawal, but only if the entrepreneur has clearly stated this with the offer, at least in time for the conclusion of the agreement: Given the nature of the hair scan set and test, this product is an exception to the right of withdrawal. By placing an order of the hair scan set you agree to Exclusion of the right of withdrawal.Article 11Products or services of which the price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which can occur within the withdrawal period; that are closed during a public auction. A public auction is understood to mean a sales method whereby products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and / or services; Service contracts, after full execution of the service, but only if: the performance has started with the express prior consent of the consumer; and the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully executed the contract; Package travel as referred to in Article 7: 500 Dutch Civil Code and passenger transport agreements; Service agreements for the provision of accommodation, if a certain date or period of execution is provided for in the agreement and other than for residential purposes, goods transport, car rental services and catering; Agreements relating to leisure activities, if the agreement has a certain date or period of execution thereof – Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person; Products that spoil quickly or have a limited shelf life; Sealed products which for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery; Products which after delivery are irrevocably mixed with other products by their nature; Alcoholic beverages of which the price has been agreed upon at the conclusion of the agreement, but the delivery can only take place after 30 days, and the actual value of which depends on fluctuations of the market on which the entrepreneur has no influence; Sealed audio, video recordings and computer software, the seal of which has been broken after delivery; Newspapers, magazines or magazines, with the exception of subscriptions to this; The delivery of digital content other than on a physical carrier, but only if: the performance has begun with the express prior consent of the consumer; and the consumer has stated that he thereby loses his right of withdrawal.The priceDuring the period of validity stated in the offer, the prices of the offered products and / or services are not increased, except for price changes as a result of changes in VAT rates. Notwithstanding the previous paragraph the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any listed prices are target prices are stated in the offer.Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.Price increases from 3 months after conclusion of the agreement is only permitted if the entrepreneur has stipulated this and: these are the result of statutory regulations or stipulations; whether the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect. The prices stated in the offer of products or services include VAT. Article 12 Compliance with the agreement and extrawarrantyThe 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 legal provisions existing on the date of the conclusion of the agreement. / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. An additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer has under the agreement. the entrepreneur can assert if the entrepreneur has failed in the fulfillment of its part of the agreement. Under additional guarantee is understood every undertaking of the entrepreneur, its supplier, importer or producer in which it assigns to the consumer certain rights or claims that go further then to which it is legally obliged in case he has failed to fulfill his part of the contract.Article 13 Delivery and implementationThe entrepreneur will take the greatest possible care when receiving and implementing orders for products and the assessment of applications for the granting of services.As place of delivery is the address that the consumer has made known to the entrepreneur.With due observance of what is stated 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 another delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the contract without penalty and the right to any compensation. After termination in accordance with the previous paragraph, the entrepreneur will immediately repay the amount that the consumer has paid. The risk of damage and / or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a pre-designated and made known to the entrepreneur, unless explicitly agreed otherwise.Article 14 Duration transactions: duration, termination and renewal Cancellation: The consumer can make an agreement for an indefinite period entered into and which extends to the regular delivery of products (including electricity) or services, terminate at any time with due observance of the agreed cancellation rules and a notice period of no more than one month. The consumer can enter into a contract for a definite period and that extends to the regular delivery of products cten (including electricity) or services, cancel at any time by the end of the stipulated term with due observance of the agreed cancellation rules and a notice period of no more than one month. The consumer can terminate the agreements referred to in the previous paragraphs at any time: and not be limited to termination at a certain time or in a certain period, at least cancel in the same manner as they have entered into by him, always cancel with the same notice period as the entrepreneur has stipulated for himself. Extension: An agreement that is for a definite period of time entered into and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a definite period. By way of derogation from the previous paragraph, a contract entered into for a definite period and which regular delivery of daily news and weekly newspapers and magazines are tacitly translated ngd for a fixed term of no more than three months, if the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month.A contract that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly papers and magazines. A contract with limited duration to the regular delivery of day delivery, news- and weeklies and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period.Duration: If an agreement has a duration of more than a year, the consumer may terminate the agreement after one year. at all times with a notice period of no more than one month opennies, unless the reasonableness and fairness oppose termination before the end of the agreed duration.Article 15 PaymentIn so far as not otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In case of an agreement to provide a service, this period commences on the day after the consumer has received the confirmation of the contract. When selling products to consumers, the consumer may never be obliged to pay in advance in than 50%. If payment in advance is stipulated, the consumer can not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place. The consumer has the duty to immediately report any inaccuracies in provided or stated payment details to the entrepreneur. If the consumer fails to meet his payment obligation (s) on time, after he has been informed by the trader of the late payment and the trader the consumer has been granted a period of 14 days to still fulfill his payment obligations, after the payment has not been made within this 14-day period, the legal interest is due on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 500, =; 10% over the next € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =. The entrepreneur may deviate from the aforementioned amounts and percentages for the benefit of the consumer.Article 16 Complaints The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the implementation of the agreement must be fully and clearly described within 7 days. submitted to the entrepreneur, after the consumer has discovered the defects. Complaints submitted to the entrepreneur are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer. If the complaint can not be resolved by mutual agreement, a dispute that is susceptible to the dispute settlement. In the event of complaints, a consumer must first turn to the entrepreneur. For complaints that can not be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (webwinkelkeur.nl), which will mediate free of charge. Should a solution not be found, the consumer has the opportunity to have his complaint dealt with by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of this is binding and both entrepreneur and consumer agree with this binding decision. The submission of a dispute to this disputes committee involves costs that the consumer must pay to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).Een complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.If a complaint is well founded is found by the entrepreneur, the entrepreneur will at its choice or the delivered products replaced or repaired free of charge. Article 17 Disputes On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law applies.Article 18 Additional or deviating Provisions Additional conditions or provisions deviating from these 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.