General Terms and Conditions

Terms and Conditions

Table of Contents

  • Article 1 - Definitions
  • Article 2 - Identity of the Entrepreneur
  • Article 3 - Applicability
  • Article 4 - The Offer
  • Article 5 - The Agreement
  • Article 6 - Right of Withdrawal
  • Article 7 - Costs in Case of Withdrawal
  • Article 8 - Exclusion of the Right of Withdrawal
  • Article 9 - The Price
  • Article 10 - Conformity and Guarantee
  • Article 11 - Delivery and Execution
  • Article 12 - Duration Transactions: Duration, Termination, and Extension
  • Article 13 - Payment
  • Article 14 - Complaints Procedure
  • Article 15 - Disputes
  • Article 16 - Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  1. Cooling-off Period: The period within which the consumer can exercise their right of withdrawal; read more about the cooling-off period.
  2. Consumer: A natural person not acting in the exercise of a profession or business who enters into a distance agreement with the entrepreneur.
  3. Day: Calendar day.
  4. Duration Transaction: A distance agreement concerning a series of products and/or services, with a delivery and/or purchase obligation spread over time.
  5. Durable Data Carrier: Any tool that allows the consumer or entrepreneur to store information directed to them personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
  6. Right of Withdrawal: The option for the consumer to withdraw from the distance agreement within the cooling-off period.
  7. Model Form: The model withdrawal form provided by the entrepreneur that a consumer can complete to exercise their right of withdrawal.
  8. Entrepreneur: The natural or legal person offering products and/or services to consumers at a distance.
  9. Distance Agreement: An agreement concluded within a system organized by the entrepreneur for distance selling of products and/or services, using one or more technologies for distance communication until the conclusion of the agreement.
  10. Technology for Distance Communication: A means that can be used for concluding an agreement without the consumer and entrepreneur being in the same physical space simultaneously.
  11. General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Barberfriends
Noorderdwarsvaart 31
9203 CA Drachten
The Netherlands

Email: info@barberfriends.com
Chamber of Commerce Number: 92360076
VAT Number: NL866020494B01


Article 3 - Applicability

  1. These terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and order concluded between the entrepreneur and consumer.
  2. Before the distance agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance agreement is concluded, that the terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge upon request.
  3. If the distance agreement is concluded electronically, the text of these terms and conditions may, contrary to the previous paragraph, be made available electronically to the consumer in a way that allows the consumer to store them on a durable data carrier. If this is not reasonably possible, it will be indicated where the terms and conditions can be accessed electronically, and they will be sent to the consumer free of charge upon request.
  4. If specific product or service terms apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply correspondingly, and the consumer may always invoke the most favorable provision in case of conflicting terms.
  5. If any provision of these terms and conditions is nullified or annulled, the remainder of the agreement and these terms and conditions shall remain in effect. The relevant provision will be replaced by a provision that approximates the original intent as closely as possible.
  6. Situations not covered by these terms and conditions shall be assessed ‘in the spirit’ of these terms and conditions.
  7. Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions should be explained ‘in the spirit’ of these terms and conditions.

Article 4 - The Offer

  1. If an offer is valid for a limited time or subject to conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur reserves the right to modify and adjust the offer.
  3. The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they shall be a truthful representation of the products and/or services offered. Apparent mistakes or errors in the offer are not binding on the entrepreneur.
  4. All images, specifications, and information in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
  5. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors precisely match the actual colors of the products.
  6. Every offer contains sufficient information to clarify the rights and obligations associated with accepting the offer. This includes:
    • The price, including taxes.
    • Any shipping costs.
    • How the agreement will be concluded and which actions are required.
    • Whether or not the right of withdrawal applies.
    • The payment, delivery, and execution terms of the agreement.
    • The period for accepting the offer or the duration for which the entrepreneur guarantees the price.
    • The rate for distance communication if charged differently than the basic rate.
    • Whether the agreement will be archived after conclusion, and if so, how it can be accessed by the consumer.
    • The way the consumer can check and, if necessary, correct the information provided for the agreement before its conclusion.
    • The languages in which the agreement can be concluded, in addition to Dutch.
    • The codes of conduct the entrepreneur adheres to and how the consumer can consult these codes electronically.
    • The minimum duration of the distance agreement in case of a long-term transaction.

Article 5 - The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and complies with the associated conditions.
  2. If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of acceptance electronically. Until the entrepreneur confirms receipt of acceptance, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic data transfer and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur may, within the law, check the consumer's ability to meet their payment obligations and other relevant factors for responsibly concluding a distance agreement. If, based on this investigation, the entrepreneur has good grounds to refuse the agreement, they are entitled to refuse an order or attach special conditions to the execution.
  5. The entrepreneur will include the following information with the product or service, in writing or in a way that allows the consumer to store it on a durable data carrier:
    • The visiting address of the entrepreneur's business for complaints.
    • The conditions for and method of exercising the right of withdrawal, or a clear statement regarding its exclusion.
    • Information on guarantees and after-sales service.
    • The data from Article 4 paragraph 3 unless already provided before the conclusion of the agreement.
    • The requirements for terminating the agreement if it lasts longer than one year or is indefinite.

Every agreement is entered into under the suspensive condition of sufficient availability of the products.

 

Article 6 - Right of Withdrawal

For the delivery of products:

When purchasing products, the consumer has the right to cancel the agreement without providing reasons within a period of 14 days. This reflection period starts the day after the consumer or a representative previously designated by the consumer and communicated to the entrepreneur receives the product.

During this reflection period, the consumer must handle the product and packaging with care. The consumer may only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product with all accessories included and, if reasonably possible, in its original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. This notification can be done via the model form or another communication method, such as email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof of timely return, for example, via a shipping receipt.

If the consumer does not notify the entrepreneur of their intention to withdraw within the periods specified in paragraphs 2 and 3, or fails to return the product, the purchase is final.

For the delivery of services:

When services are provided, the consumer has the right to cancel the agreement without providing reasons for a minimum of 14 days, starting from the day the agreement is entered into.

To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or upon delivery.


Article 7 - Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, they are only responsible for the direct costs of returning the product.

If the consumer has already paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has been received back by the entrepreneur or that conclusive proof of return has been provided. Refunds will be made using the same payment method as used by the consumer unless the consumer explicitly agrees to an alternative method.

If the product has been damaged due to careless handling by the consumer, they are liable for any reduction in the product's value.

The consumer cannot be held liable for a reduction in the product's value if the entrepreneur failed to provide all legally required information about the right of withdrawal before concluding the purchase agreement.


Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as specified in paragraphs 2 and 3. Exclusion of the right of withdrawal is only valid if the entrepreneur clearly states this in the offer or at least before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  1. That are made according to the consumer’s specifications;
  2. That are clearly personal in nature;
  3. That, by their nature, cannot be returned;
  4. That are liable to deteriorate or expire rapidly;
  5. Whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur’s control;
  6. That consist of loose newspapers and magazines;
  7. That involve audio or video recordings or computer software where the seal has been broken by the consumer;
  8. That are hygiene products where the seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

  1. Concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
  2. Where the delivery has begun with the explicit consent of the consumer before the reflection period has expired;
  3. Concerning bets and lotteries.

Article 9 - The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not increase, except for price changes due to changes in VAT rates.

Contrary to 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 control, at variable prices. The dependence on fluctuations and the fact that the prices mentioned are target prices will be stated in the offer.

Price increases within three months of the agreement being concluded are only permitted if they result from statutory regulations or provisions.

Price increases after three months of the agreement being concluded are only permitted if the entrepreneur has stipulated this and:

  1. They are the result of statutory regulations or provisions; or
  2. The consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the erroneous price.


Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and usability, and the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can enforce under the agreement against the entrepreneur.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months of delivery. Returned products must be in their original packaging and condition.

The entrepreneur’s warranty period matches the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  1. The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
  2. The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or the packaging;
  3. The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

     

    Article 11 - Delivery and Execution

    The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.

    The place of delivery is deemed to be the address provided by the consumer to the business.

    Subject to the provisions of paragraph 4 of this article, the business will execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery term. If delivery is delayed or if an order cannot or can only partially be fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.

    All delivery times are indicative. No rights can be derived by the consumer from any stated delivery times. Exceeding a delivery time does not entitle the consumer to compensation.

    In the event of dissolution under paragraph 3 of this article, the entrepreneur will refund any amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

    If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement article. The consumer will be clearly informed, at the latest upon delivery, that a replacement article is being supplied. For replacement articles, the right of withdrawal cannot be excluded.

    The costs of any return shipment will be borne by the entrepreneur.

    The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur unless explicitly agreed otherwise.
    If the consumer chooses to have the shipment delivered to an agreed location (such as a shed, garden, or garage), they must give prior consent for its use. In doing so, the consumer confirms that PostNL and the sender (Barberfriends) are not liable for damage, loss, or theft.


    Article 12 - Duration Transactions: Duration, Termination, and Renewal

    Termination:

    1. The consumer may terminate an agreement entered into for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, subject to agreed termination rules and a notice period of no more than one month.
    2. The consumer may terminate an agreement entered into for a fixed period, which involves the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
    3. The consumer can terminate the agreements mentioned in the previous paragraphs:
      • At any time and not limited to termination at a specific time or in a specific period.
      • At least in the same way as the agreements were entered into.
      • Always with the same notice period as the entrepreneur has stipulated for themselves.

    Renewal:

    1. A fixed-term agreement involving the regular delivery of products (including electricity) or services may not be automatically renewed or extended for a fixed term.
    2. In deviation from the previous paragraph, a fixed-term agreement involving the regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a fixed term of up to three months, provided the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.
    3. A fixed-term agreement involving the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, or no more than three months in the case of agreements for the regular delivery of daily, news, and weekly newspapers and magazines but less frequently than once a month.
    4. A limited-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscriptions) is not automatically extended and ends automatically after the trial or introductory period.

    Duration:

    If an agreement has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.


    Article 13 - Payment

    Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6, paragraph 1. In the case of a service agreement, this term begins after the consumer has received confirmation of the agreement.

    The consumer is obliged to report inaccuracies in payment details provided or stated to the entrepreneur without delay.

    In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs that were communicated in advance.


    Article 14 - Complaints Procedure

    The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.

    Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.

    Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

    If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

    For complaints, a consumer should first turn to the entrepreneur. If the web store is affiliated with Stichting WebwinkelKeur and the complaint cannot be resolved mutually, the consumer may turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If no resolution is reached, the consumer has the option to have the complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, whose decision is binding. Both the entrepreneur and the consumer agree to this binding decision. Costs are associated with submitting a dispute to this committee, which the consumer must pay. Complaints can also be submitted via the European ODR platform (http://ec.europa.eu/odr).

    A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.

    If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.


    Article 15 - Disputes

    Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

    The Vienna Sales Convention does not apply.


    Article 16 - Additional or Deviating 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 the consumer can store them accessibly on a durable medium.

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