ARTICLE 1. | DEFINITIONS
In these general terms and conditions, the following terms (always indicated with a capital letter) are used in the following meaning:
- DG Sales: DG Sales BV, the user of these general terms and conditions, located at Wallestein 7, 3632WL in Loenen aan de Vecht, registered in the Trade Register under Chamber of Commerce number 78443059.
- Consumer: any natural person, not acting in the exercise of a profession or business, with whom DG Sales has concluded or intends to conclude an Agreement.
- Parties: DG Sales and the Consumer jointly.
- Agreement: any purchase agreement concluded between the Parties through the ordering process on the Website, in the context of which DG Sales has committed itself to the Consumer to deliver Products at a further agreed price.
- Website: www.officialesmee.com.
- Products: the items to be delivered by DG Sales to the Consumer within the framework of the Agreement, which may include, but are not limited to, facial care products.
- Written: communication in writing, communication by e-mail or any other means of communication that can be equated with this in view of the state of the art and the views prevailing in society.
ARTICLE 2. | GENERAL PROVISIONS
- These general terms and conditions apply to every offer from DG Sales, as disclosed on the Website, and every Agreement concluded.
- Destruction of invalidity of one or more provisions of these terms and conditions, the validity of the remaining clauses. In a case may be Parties required to act in concert to produce a replacement scheme to be taken with regard to the affected clause. The purpose and scope of the original provision is taken into account as much as possible.
ARTICLE 3. | OFFER AND FORMATION OF THE AGREEMENT
- Any offer of DG Sales is without obligation and is subject to sufficient availability of the offered product.
- The Consumer cannot derive any rights from an offer from DG Sales that contains an obvious error or mistake.
- Without prejudice to the provisions of paragraph 1, the Agreement is concluded when the offer from DG Sales is accepted by the Consumer in the manner indicated on the Website. Subsequently, without prejudice to the provisions of paragraph 1, the order will be confirmed to the Consumer by e-mail as soon as possible.
A R TICLE 4. | RIGHT OF DISSOLUTION
- Subject to the provisions of the remainder of this article, and in particular the provisions of the following paragraph, the Consumer may fully or partially dissolve the Agreement up to 14 days after the Product has been received by or on behalf of the Consumer, without stating reasons.
- The Consumer has no right of dissolution with:
a) the delivery of Products that are not suitable for return for reasons of health protection or hygiene and of which the seal / immediate packaging has been broken after delivery;
b) the delivery of Products in respect of which the right of dissolution is otherwise excluded or does not apply under Section 6.5.2B of the Dutch Civil Code.
- The Consumer can dissolve the Agreement for this purpose by an e-mail (firstname.lastname@example.org) or through the use of the by DG Sales offered model withdrawal form, a request to be submitted to DG Sales. As soon as possible after DG Sales has been notified of the Consumer’s intention to terminate the Agreement and if the conditions of this article are met, DG Sales will confirm the dissolution of the Agreement by e-mail.
- During the period referred to in paragraph 1, Consumer must be carefully regarding the to return product and its packaging. The Consumer should the Product and only in that measure use and inspect the extent necessary to determine the nature and characteristics of the product and evaluate. The starting point here is that the Product must only be handled and inspected as it should be in a physical store.
- If the Consumer exercises the right of dissolution, he will return the Product undamaged, with all supplied accessories and in the original condition and packaging to DG Sales.
- The Consumer is liable for any depreciation of the Product that is the result of a way of handling the Product that goes beyond what is permitted under paragraph 4. DG Sales is entitled to charge this depreciation to the Consumer, whether or not by settling this depreciation against the payment already received from the Consumer.
- Return of the relevant product and needs to take place within 14 days after the consumer has enlisted in right of termination in accordance with paragraph 3.
- If the Consumer exercises the right of dissolution, the costs of returning the Product will be at his expense.
- DG Sales will refund to the consumer the received payment, minus the possible loss referred to in paragraph 6, as soon as possible but no later than 14 days after the termination of the Agreement, provided the product and DG Sales has receipt the returned goods, or it has been demonstrated by the Consumer that the Product has actually been returned. If the right of dissolution is applied to only part of the order, the delivery costs paid by the Consumer in the first instance will not be eligible for a refund. Furthermore, DG Sales is not obliged to reimburse the additional costs if the Consumer has explicitly opted for a method of standard delivery other than the least expensive method of standard delivery offered by DG Sales.
ARTICLE 5. | DELIVERY OF THE PRODUCT AND DELIVERY TIMES
- The delivery of the product takes place by delivery thereof to the Consumer address stated.
- DG Sales reserves the right to deliver orders in parts. In that case, the possible reflection period of the Consumer in connection with the right of dissolution only commences when the last partial delivery from the order has been received by or on behalf of the Consumer.
- The risk of loss and damage to the product shall pass to the consumer when the product by or on behalf of the consumer have been received.
- DG Sales endeavor between parties to meet agreed delivery. However, all delivery times stated by DG Sales are to be regarded as indicative, non-firm dates only. DG Sales will make every effort to notify the Consumer by e-mail as soon as possible in the event of (expected) delayed delivery. The default of DG Sales does not occur until after the Consumer has written to DG Sales to be in default, in which a reasonable notice period is specified within which DG Sales delivery obligation may still meet and fulfill them after the expiry of the latter in the mine still has not happened.
- Exceeding the agreed delivery, the consumer is never entitled to refuse the delivered products or the other obligations under the Agreement to fulfill.
- If DG Sales incurs additional costs as a result of a circumstance attributable to the Consumer, for example in connection with multiple delivery attempts, these costs will additionally be borne by the Consumer.
ARTICLE 6. | CONFORMITY
- DG Sales guarantees that the Product complies with the Agreement and thus has those properties that are necessary for its normal use (conformity).
- The right of the Consumer to make a claim or defense in connection with the existence of a defect in a Product lapses if no complaint is made to DG Sales within two months after discovery of the defect by the Consumer.
- No grounds for complaints and claims for non-conformity, defects of the Product and as a result of an external cause after delivery or as a result of another circumstance not attributable to DG Sales. This includes, but is not limited to, defects as a result of damage, molestation damage, incorrect or injudicious storage and incorrect or injudicious use.
- Product and, subject to the provisions of article 4, can never be returned without the prior Written permission of DG Sales.
A RTICLE 7. | FORCE OF THE MAJORITY
- DG Sales is not obliged to fulfill any obligation under the Agreement if and for as long as they are being hampered by the circumstance by law, a legal act or cannot be attributed to generally accepted standards (Force Majeure). Force majeure, in addition to what is understood in this respect in law and case law, includes errors or shortcomings of suppliers of DG Sales, transport problems, epidemics, pandemics, disease, fire, measures of any government, violent or armed actions, disruptions in communication connections or in equipment or software of DG Sales or third parties.
- If due to the force majeure the fulfillment of the agreement is permanently impossible, Parties are authorized to dissolve the agreement with immediate effect.
- If DG Sales at the commencement of the force majeure already partially to its delivery has met obligations, or only in part to its delivery can meet obligations, they are entitled the already yielded portion, respectively, even deliverable portion of the agreement individually to charge as if it were an independent Agreement .
- Without prejudice to the application of the previous paragraph, damage as a result of force majeure is never eligible for compensation.
ARTICLE 8. | PRICES & PAYMENTS
- Before the Agreement is concluded, the total price is stated, including VAT and delivery costs.
- Payment must be made on the by DG Sales preferred payment methods, and within the through DG Sales time limit set, or on the purpose by DG Sales time indicated.
- DG Sales is entitled to make the invoices to be issued to the Consumer available to him exclusively by e-mail.
- In the event of prepayment, DG Sales is previously held to give expression to the Agreement until the consumer has paid respective amounts to DG Sales.
- If timely payment is not made, the Consumer’s default will take effect by operation of law. From the day that the failure of the Consumer occurs, the consumer owes the then applicable statutory interest on the outstanding amount.
- All reasonable costs, such as judicial, extrajudicial and execution costs, incurred in order to obtain amounts owed by the Consumer, will be borne by the Consumer, one other in accordance with the Collection Costs Act.
ARTICLE 9. | LIABILITY AND INDEMNITY
1. The consumer bears the damage caused by errors or omissions in the information provided by the consumer. Furthermore, the Consumer bears the damage caused by a failure to comply with the Consumer ‘s obligations arising from the law or the Agreement, as well as any other circumstance that cannot be attributed to DG Sales.
2. The liability of DG Sales is limited to no more than the invoice value of the Agreement, or at least to that part of the Agreement to which the liability of DG Sales relates, on the understanding that this limitation does not go beyond what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
3. The Consumer indemnifies DG Sales against any claims from third parties who suffer damage in connection with the performance of the Agreement and the cause of which is attributable to others than DG Sales.
ARTICLE 10. | COMPLAINT POLICY
- Complaints with regard to the performance of the Agreement must be submitted to DG Sales by email
(email@example.com) within a reasonable time, fully and clearly.
- At DG Sales complaints are answered after receipt within a period of fourteen days. If a complaint or question requires a longer processing time, a reply will be given within fourteen days with a confirmation of receipt and an indication of when the Consumer can expect a more detailed answer.
- If a complaint from a Consumer cannot be resolved in mutual consultation, the Consumer can submit the dispute to the disputes committee via the ODR platform ( ec.europa.eu/consumers/odr/ ).
ARTICLE 11. | FINAL PROVISIONS
- All Product delivered by DG Sales to the Consumer will remain the property of DG Sales until the Consumer has fulfilled all his payment obligations in this respect.
- On each Convention and all the consequent between Parties resulting duty ratios only to Dutch law.
- Parties will no earlier appeal to the court than after they have done their best effort to resolve the dispute by mutual agreement.