Terms and Conditions
CLAUSE 1 – DEFINITIONS
In these conditions the following terms have the following meaning:
MILU Cosmetics: the natural or legal person who offers remote products and/or services to consumers;
Consumer: the natural person not acting in the course of a profession or business and who enters into a remote agreement with MILU Cosmetics;
Remote agreement: an agreement whereby in the framework of a system for the remote sale of products and/or services organised by MILU Cosmetics, up to and including the making of the agreement, use is only made of one or more techniques for remote communication;
Technique for remote communication: medium that can be used to make an agreement, without the consumer and MILU Cosmetics having to be in the same room at the same time;
Cooling-off period: the term within which the consumer can make use of his/her revocation right;
Revocation right: the possibility for the consumer to decide not to continue with the remote agreement within the cooling-off period;
Day: calendar day;
Long-term transaction: a remote agreement relating to a series of products and/or services, the delivery and/or acceptance obligation of which is spread out over time;
Long-term data carrier: every device that enables the consumer or MILU Cosmetics to store information directed personally to them, in a manner which makes future viewing and unaltered reproduction of the stored information possible.
CLAUSE 2 – IDENTITY OF MILU COSMETICS
Trading under the name: MILU®
Registered office/office address: Stapelovenweg 4, 5708 JW Helmond
Telephone number: 0492-564083
Availability: Monday through Thursday from 09:00 a.m. to 5:00 p.m.
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: 69500169
VAT number: NL857895941B01
CLAUSE 3 – APPLICABILITY
- These general conditions apply to every offer of MILU Cosmetics and to every remote agreement between MILU Cosmetics and the consumer.
- Before the remote agreement is made, the text of these General Conditions will be made available to the consumer. If this is not reasonably possible, before the remote agreement is made it will be indicated that the general conditions can be inspected at MILU Cosmetics and on the consumer’s request they will be sent to the consumer as quickly as possible free of charge.
- If the remote agreement is made electronically, in deviation from the previous paragraph and before the remote agreement is made, the text of these general conditions can be made available to the consumer electronically in such way that they can be easily stored by the consumer on a long-term data carrier. If this is not reasonably possible before the remote agreement is made, it will be indicated where it is possible to view the general conditions electronically and that they will be made available electronically or in some other way free of charge on the consumer’s request.
- In the event that in addition to these general conditions specific product or service conditions apply, the second and third paragraph apply mutatis mutandis and in the event of conflicting general conditions the consumer can always invoke the applicable provision most favourable for the consumer.
CLAUSE 4 – THE OFFER
- If an offer has a limited term of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer will contain a full and accurate description of the products and/or services offered. The description will be sufficiently detailed so as to make a proper assessment of the offer by the consumer possible. If MILU Cosmetics makes use of illustrations these will be a fair representation of the products and/or services offered. Apparent mistakes or errors in the offer do not bind MILU Cosmetics.
- Each offer will contain such information that it is clear for the consumer what the rights and obligations are which are connected with the acceptance of the offer.
This relates in particular to:
- the price including taxes;
- costs of delivery;
- the way in which the agreement will be made and which actions are necessary therefor;
- whether or not the revocation right applies;
- the method of payment, delivery or performance of the agreement;
- the term for acceptance of the offer, or the term during which the price will remain in effect;
- the amount of the price for remote communication if the costs of the use of the technology for remote communication is calculated on a different basis than the basic rate;
- if the agreement is archived after it is made, in what manner it can be consulted by the consumer;
- the way in which the consumer can become informed of actions not desired by him/her prior to the making of the agreement, as well as the way in which he/she can rectify such before the agreement is made;
- the languages, in addition to Dutch, in which the agreement can be made;
- the codes of conduct to which MILU Cosmetics is subject and the way in which the consumer can consult these codes of conduct electronically;
- the minimum duration of the remote agreement in the event of an agreement which extends to ongoing or periodic delivery of products or services.
CLAUSE 5 – THE AGREEMENT
- Subject to the provisions of paragraph 4, the agreement is made at the time when the consumer accepts the offer and satisfies the related conditions.
- If the consumer has accepted the offer electronically, MILU Cosmetics will immediately electronically confirm the receipt of the acceptance of the offer. As long as the receipt of this acceptance is not confirmed, the consumer can terminate the agreement.
- If the agreement is made electronically, MILU Cosmetics will take suitable technical and organisational measures to secure the electronic transfer of data and it will provide a safe web environment. If the consumer can pay electronically, MILU Cosmetics will apply appropriate security measures.
- MILU Cosmetics can – within statutory limits – ascertain whether the consumer can perform his/her payment obligations, as well as all those facts and factors which are relevant for responsibly entering into the remote agreement. If MILU Cosmetics has good grounds for not entering into the agreement on the basis of this inspection, it is entitled, with cause, to refuse an order or request or to make the performance subject to special conditions.
- MILU Cosmetics will send along the following information to the consumer with the product or service, in writing or in such way that it can be stored by the consumer in an accessible manner on a long-term data carrier:
- the office address of the MILU Cosmetics establishment where the consumer can present complaints;
- the conditions on which and the way in which the consumer can make use of the revocation right, or a clear notice that the revocation right is excluded;
- the information on existing service after purchase and guarantees;
- the data included in Clause 4(3) of these conditions, unless MILU Cosmetics has already furnished these data to the consumer before the performance of the agreement;
- the requirements for termination of the agreement, if the agreement has a term longer than one year or is an open-ended agreement.
- If MILU Cosmetics has undertaken to deliver a series of products or services, the provision in the preceding paragraph only applies to the first delivery.
CLAUSE 6 – RIGHT OF REVOCATION
- Upon the purchase of products the consumer has the option of terminating the agreement without reason during 7 calendar days. This term starts on the day after receipt of the product by or on behalf of the consumer.
- During this term the consumer will treat the product and the packing carefully. The basic principle in this respect is that the consumer may only handle and inspect the product in the way he/she would if he/she were in the shop. If he/she makes use of his/her right of revocation, he/she will return the product with all delivered appurtenances and unopened, in the original condition and packing to MILU Cosmetics, in conformity with the reasonable and clear instructions provided by MILU Cosmetics.
CLAUSE 7 – COSTS IN THE CASE OF REVOCATION
- If the consumer makes use of his/her right of revocation, no more than the costs of return shipment will be at his/her expense.
- If the consumer has paid an amount, MILU Cosmetics will repay this amount as soon as possible, but at latest within 14 days after the return shipment or revocation.
CLAUSE 8 – EXCLUSION OF THE RIGHT OF REVOCATION
- MILU Cosmetics can only exclude the right of revocation if MILU Cosmetics has clearly stated this in the offer or in due time before the agreement is made.
- Exclusion of the right of revocation is only possible for products:
- which have been created by MILU Cosmetics in accordance with the specifications of the consumer;
- which are clearly personal in nature;
- which by their nature cannot be returned;
CLAUSE 9 – THE PRICE
- During the term of validity stated in the offer, the prices of the offered products will not be increased, subject to price changes as a result of changes in VAT rates.
- All prices and rates stated on meetmilu.com and in mailings from MILU Cosmetics, are subject to reservation of price changes, programming and typing errors.
- The prices stated in the offer of products are inclusive of 21% VAT.
CLAUSE 10 – CONFORMITY AND GUARANTEE
- MILU Cosmetics guarantees that the products are in conformity with the agreement, the specifications stated in the offer, the reasonable requirements of good quality and/or usability and the statutory provisions and/or government regulations existing on the date the agreement is made.
- A scheme offered by MILU Cosmetics, the manufacturer or importer as a guarantee does not detract from the rights and claims which the consumer can enforce against MILU Cosmetics in relation to a failure to perform the obligations of MILU Cosmetics under the law and/or the remote selling agreement.
CLAUSE 11 – DELIVERY AND EXECUTION
- MILU Cosmetics will use the greatest possible care when taking receipt of and executing orders of products and in the assessment of applications for the provision of services.
- The place of delivery is the address that the consumer has stated to the company.
- Subject to what has been stated in this respect in Clause 4 of these general conditions, the company will execute accepted orders with due speed, but at latest within 30 days after execution unless a longer delivery term is agreed. If the delivery encounters delay, or if an order cannot be executed or can only be executed in part, the consumer will receive notice thereof at latest one month after he/she has placed the order. In such case the consumer has the right to terminate the agreement without costs and is entitled to damages.
- In the event of termination in conformity with the preceding paragraph, MILU Cosmetics will repay the amount that the consumer has paid as soon as possible, but at latest within 30 days after termination.
- If delivery of an ordered product turns out to be impossible, MILU Cosmetics will endeavour to make a replacement item available. At latest upon delivery it will be stated in a clear and comprehensible manner that a replacement item is being delivered. The right of revocation cannot be excluded for replacement items. The costs of return shipment are at the expense of MILU Cosmetics.
- The risk of damage to and/or loss of products lies with MILU Cosmetics until the time of delivery to the consumer, unless explicitly otherwise agreed.
CLAUSE 12 – PAYMENT
- In so far as no later payment time is agreed, the amounts owed by the consumer must be paid in advance by means of IDEAL. After receipt of payment, delivery will be effected at the address specified by the consumer.
- The consumer is obliged to immediately notify MILU Cosmetics of inaccuracies in payment details which have been furnished or stated.
- In the event of default on payment by the consumer, subject to statutory limitations MILU Cosmetics has the right to charge the consumer reasonable costs of which the consumer was notified in advance.
CLAUSE 14 – COMPLAINTS PROCEDURE
- MILU Cosmetics possesses a sufficiently publicised complaints procedure and will handle complaints in accordance with this complaints procedure.
- Complaints regarding the performance of the agreement must be submitted to MILU Cosmetics within due time, in full and clearly described, in writing or by telephone, after the consumer has noted the defects.
- Complaints submitted to MILU Cosmetics will be answered within a term of 7 days calculated as of the date of receipt. If it can be foreseen that a complaint will require a longer processing time, MILU Cosmetics will respond within the term of 7 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
CLAUSE 15 – USE OF INTERNET SITE
- All Intellectual Property Rights, including, but not limited to, copyrights, mark rights and database rights, in respect of the information, texts, illustrations, logos, photos and pictures on the internet site and to layout and design of the internet site belong to MILU Cosmetics and/or its licensors. The consumer and users of this internet site acknowledge these rights and guarantee that they will refrain from any infringement thereof, including making copies of the internet site other than technical copies necessary for the use of the internet site (loading and displaying).
- MILU Cosmetics gathers and maintains the information on the internet site with continual care and attention. However, it is not always possible to prevent mistakes. No rights can be derived in any way from the information provided on the internet site. MILU Cosmetics accepts no liability for loss which in any way ensues from the use of the internet site or from the incompleteness and/or inaccuracy of the information provided on the internet site and/or loss as a result of the internet site not being (temporarily) available.
- The internet site contains hyperlinks to other internet sites which are maintained by third parties. MILU Cosmetics has no control whatsoever over the information, products and services stated on these internet sites and accepts no liability for loss which in any way ensues from the use of this internet site.
- The version of the relevant communication stored by MILU Cosmetics serves as proof thereof, subject to counter-proof by the customer.
CLAUSE 16 – DISPUTES
Agreements between the contractor and the consumer to which these general conditions apply, are exclusively governed by Dutch law.