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General Terms and Conditions

General Terms and Conditions (https://essencedeparis.fr/)

These General Terms and Conditions of Stichting Webshop Keurmerk were established in consultation with the Consumer Association within the framework of the Self-Regulation Coordination Group (CZ) of the Economic and Social Council and will come into effect on June 1, 2014.

These General Terms and Conditions will be applied by all members of Stichting Webshop Keurmerk, with the exception of financial services as defined in the Financial Supervision Act and to the extent that these services are supervised by the Financial Markets Authority.

Table of Contents:

• Article 1 – Definitions
• Article 2 – Identity of the Entrepreneur
• Article 3 – Applicability
• Article 4 – The Offer
• Article 5 – The Contract
• Article 6 – Right of Withdrawal
• Article 7 – Obligations of the Consumer During the Withdrawal Period
• Article 8 – Exercise of the Right of Withdrawal by the Consumer and Related Costs
• Article 9 – Obligations of the Entrepreneur in the Event of Withdrawal
• Article 10 – Exclusion of the Right of Withdrawal
• Article 11 – The Price
• Article 12 – Performance and Additional Warranty
• Article 13 – Delivery and Performance
• Article 14 – Long-Term Transactions: Duration, Termination, and Renewal
• Article 15 – Payment
• Article 16 – Complaints Procedure
• Article 17 – Disputes
• Article 18 – Sector-Specific Guarantee
• Article 19 – Additional or Deviating Provisions
• Article 20 – Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk

Article 1 – Definitions

In these terms and conditions, the following terms and conditions apply:

• Additional Agreement: an agreement by which the consumer acquires products, digital content, and/or services as part of a distance contract, and these products, 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;
• Withdrawal period: the period during which the consumer can exercise their right of withdrawal (14 days);
• Consumer: (Natural person (Individual customer));
• Right of withdrawal: (14 days);
• Entrepreneur: (www.essencedeparis.fr);
• Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for the distance selling of products, digital content, and/or services.

Article 2 – Identity of the entrepreneur

• Company name: (www.essencedeparis.fr)
• Street and number: (Goudsesingel 103-105 3031EE Rotterdam Netherlands)
• Postal code and city: (Goudsesingel 103-105 3031EE Rotterdam Netherlands)
• Country: Netherlands
• Chamber of Commerce number: (91780756)
• VAT number: (NL865767920B01)
• Email: ([email protected])
• Telephone number: (+(31) 020 809 5362)

Article 3 – Applicability

• These General Terms and Conditions apply to every offer from the entrepreneur and to every distance contract 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 will indicate, before the distance contract is concluded, how the General Terms and Conditions can be consulted at the entrepreneur’s premises and that they will be sent free of charge, upon request by the consumer, as soon as possible.
• If the distance contract is concluded electronically, and in derogation of the foregoing, 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 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 free of charge, at the consumer’s request, by electronic or other means.
• In the event that, in addition to these General Terms and Conditions, specific conditions relating to products or services also apply, the second and third paragraphs apply accordingly, and the consumer may, in the event of conflicting conditions, invoke the provision that is most favorable to them.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this is expressly stated in the offer.

The offer includes a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these must accurately represent the products, services, and/or digital content offered. Obvious errors or inaccuracies in the offer are not binding on the entrepreneur.

Each offer contains all the information necessary to clearly inform the consumer about the rights and obligations associated with accepting the offer.

Article 5 – The Contract

• The contract is concluded, subject to the provisions of Article 4, upon acceptance of the offer by the consumer and compliance with the related conditions.
• If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically that this acceptance has been received. As long as the entrepreneur has not confirmed this acceptance, the consumer may terminate the contract.
• If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall implement appropriate security measures.
• The entrepreneur may, within the legal framework, verify whether the consumer can meet his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, based on this verification, the entrepreneur has valid reasons not to conclude the contract, he is entitled to refuse an order or request, giving reasons, or to attach special conditions of execution to it.
• The entrepreneur must, at the latest upon delivery of the product, service, or digital content, provide the consumer with the following information, in writing or in an accessible manner:
  • The address of the entrepreneur’s branch to which the consumer can address complaints: (Goudsesingel 103-105, 3031EE Rotterdam, Netherlands)
  • The conditions and manner in which the consumer can exercise his right of withdrawal: (14 days)
  • Information regarding existing warranties and after-sales service: (2 years)
  • The price, including taxes, of the product, service, or digital content; If applicable, the delivery costs: (€6.90)
  • The method of payment, delivery, or execution of the distance contract
  • The requirements for canceling the contract if it has a duration of more than one year or is of indefinite duration.
  • If the consumer has a right of withdrawal, the model withdrawal form.
• In the case of a long-term transaction, the provision of the preceding paragraph only applies to the first delivery.

Article 6 – Right of Withdrawal

For products:

• The consumer may cancel a contract for the purchase of a product during a withdrawal period of at least 14 days without having to provide a reason.
• The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige them to provide it.
• The withdrawal period begins on the day following receipt of the product by the consumer or by a third party designated by the consumer, who is not the carrier.

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

• The consumer may terminate a service contract as well as a contract for the supply of digital content not supplied on a tangible medium during a withdrawal period of at least 14 days without having to provide a reason.
• The entrepreneur may ask the consumer for the reason for withdrawal, but does not oblige them to provide it.
• The withdrawal period begins on the day following the conclusion of the contract.

Extended withdrawal period:

• If the entrepreneur has not provided the consumer with the legally required information regarding the right of withdrawal or the model withdrawal form, the withdrawal period will expire twelve months after the end of the initial withdrawal period.
• If the entrepreneur provides this information within twelve months, the withdrawal period will expire (14 days) after the day on which the consumer received this information.

Article 7 – Obligations of the consumer during the withdrawal period

• During the withdrawal period, the consumer must handle the product and its packaging with care. The consumer should only unpack or use the product to the extent necessary to determine its nature, characteristics, and functioning.
• The consumer shall only be liable for any diminished value of the product resulting from handling beyond what is permitted.
• The consumer shall not be liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information regarding the right of withdrawal before or at the conclusion of the contract.

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

• If the consumer exercises his right of withdrawal, he must inform the entrepreneur within the withdrawal period using the model withdrawal form or by another unambiguous means.
• As soon as possible, but within 14 days from the day following the notification, the consumer must return the product or hand it over to (an agent of) the entrepreneur.
• The consumer must return the product with all supplied accessories, as far as reasonably possible, in its original condition and packaging.
• The risk and burden of proof for the correct and timely exercise of the right of withdrawal rest with the consumer.
• The consumer bears the direct costs of returning the product, unless the entrepreneur indicates that they will bear these costs themselves: (€-).
• If the consumer exercises their right of withdrawal, all additional agreements will automatically be terminated by law.

Article 9 – Obligations of the entrepreneur in the event of withdrawal

• If the entrepreneur allows the consumer to notify the withdrawal electronically, they will immediately confirm receipt of this notification electronically.
• The entrepreneur will reimburse all payments made by the consumer, including any delivery costs, within 14 days of notification of withdrawal.
• The entrepreneur may withhold reimbursement until it has received the product back or the consumer has provided proof of having returned it.
• Reimbursement will be made using the same means of payment used by the consumer, unless otherwise agreed.
• If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not obliged to reimburse the additional costs.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur may exclude certain products and services from the right of withdrawal, provided this is clearly stated in advance. This applies in particular to:

• Products or services whose price is linked to fluctuations in the financial market.
• Contracts concluded at a public auction.
• Service contracts after the service has been fully performed.
• Custom-made or personalized products.
• Products that deteriorate quickly or have a limited lifespan.
• Sealed products that, for hygiene reasons, cannot be returned if the seal has been broken.
• Digital content that is not supplied on a tangible medium and whose performance has begun with the consumer’s consent.

Article 11 – Price

• During the validity period indicated in the offer, prices will remain stable, unless there are changes in VAT rates.
• Increases Price increases within 3 months of concluding the contract are only permitted if they are legally required.
• Price increases after 3 months are only permitted if the consumer has the right to terminate the contract.
• All prices quoted include VAT and are expressed in the standard currency: (EUR (€)).

Article 12 – Performance of the Contract and Additional Guarantee

• The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, and reasonable requirements of quality and usability.
• A guarantee provided by the entrepreneur or a supplier does not affect the consumer’s statutory rights.
• An additional guarantee is any commitment made by the entrepreneur that goes beyond the statutory obligations.
• The guarantee period is: (2 years).

Article 13 – Delivery and Execution

• The entrepreneur will take the greatest possible care when receiving and executing orders.
• The place of delivery is the address provided by the consumer to the entrepreneur.
• Accepted orders will be executed within a period 30 days, unless another delivery period has been agreed.
• If delivery is delayed, the consumer will be informed within 30 days and will have the right to terminate the contract free of charge.
• The risk of damage and/or loss of the products remains with the entrepreneur until delivery to the consumer.

Article 14 – Long-term Transactions: Duration, Termination, and Renewal

Termination:

• The consumer may terminate a contract of indefinite duration with a maximum notice period of one month.
• A fixed-term contract may be terminated at the end of its term with a maximum notice period of one month.
• The consumer may terminate the contract at any time, without being limited to a specific period. specific.

Renewal:

• A fixed-term contract cannot be tacitly renewed, except in specific cases such as daily newspapers, newsletters, and weeklies with a maximum duration of three months.
• Tacit renewal for an indefinite period is only permitted if the consumer can terminate the contract at any time with a maximum notice period of one month.

Duration:

• If a contract lasts more than one year, the consumer can terminate it after one year with a maximum notice period of one month.

Article 15 – Payment

• The consumer must pay the amounts due within 14 days of the start of the withdrawal period.
• An advance payment may never exceed 50%, unless otherwise agreed.
• The consumer must immediately report any inaccuracies in payment information to the entrepreneur.
• In the event of late payment, the entrepreneur may charge statutory interest and collection costs.

Article 16 – Complaints Procedure

• The entrepreneur has a complaints procedure and handles complaints in accordance with it.
• Complaints must be filed within a reasonable time and be fully described.
• The entrepreneur will respond to complaints within 14 days.
• If a complaint is not resolved within 3 months, a dispute is considered to have arisen and will be subject to the dispute resolution procedure.
• In the event of a complaint, the consumer must first contact the entrepreneur. If the webshop is affiliated with WebwinkelKeur and in the event of complaints that cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/leden/. If no solution is found, the consumer has the option of having his complaint handled by the independent Disputes Committee appointed by WebwinkelKeur, whose decision is binding, and both the entrepreneur and the consumer accept this binding decision. Submitting a dispute to this Disputes Committee entails a fee that must be paid by the consumer to the relevant committee.
• Complaints can also be submitted via the complaints form on the consumer page of (https://essencedeparis.fr/).
• For any complaints, you can contact: ([email protected]).

Article 17 – Disputes

• Contracts between the entrepreneur and the consumer to which these General Terms and Conditions relate are governed exclusively by Dutch law.
• Disputes regarding the formation or execution of contracts may be submitted to the Webshop Dispute Resolution Committee, PO Box 90600, 2509 LP, The Hague.
• A dispute will only be considered if the consumer has first submitted their complaint to the entrepreneur within a reasonable time.
• No later than twelve months after When a dispute arises, it must be submitted in writing to the Dispute Resolution Committee.
• If the consumer wishes to submit a dispute to the Dispute Resolution Committee, the entrepreneur is bound by this choice.
• The Dispute Resolution Committee issues a binding decision in accordance with its regulations (See regulations).
• If the entrepreneur goes bankrupt or ceases operations, the Dispute Resolution Committee will not continue to investigate the dispute.
• For disputes relating to distance selling, the Dispute Resolution Committee of Stichting Webshop Keurmerk is competent.

Article 18 – Warranty sectoral

• The Stichting Webshop Keurmerk guarantees compliance with the binding decisions of the Regulations Committee Disputes by its members.
• If a member fails to comply with a binding decision, Stichting Webshop Keurmerk will pay the consumer up to a maximum of €10,000 per binding decision.
• For amounts exceeding €10,000, the Foundation is required to make every effort to ensure compliance with the decision.
• To benefit from this guarantee, the consumer must submit a written complaint to Stichting Webshop Keurmerk and assign their claim.

Article 19 – Additional or Deviating Provisions

• Additional or deviating provisions must not be unfavorable to the consumer.
• These provisions must be recorded in writing or made available on a durable medium.

Article 20 – Amendment of the General Terms and Conditions of Stichting Webshop Keurmerk

• Stichting Webshop Keurmerk will not amend these General Terms and Conditions without consulting the Consumer Association.
• Amendments will only take effect after publication, with the provision most favorable to the consumer prevailing.

Address of Stichting Webshop Keurmerk:

• Street and number: (Goudsesingel 103-105 3031EE Rotterdam Netherlands)
• Postal code and city: (Goudsesingel 103-105 3031EE Rotterdam Netherlands)