General Terms and Conditions (Consumers)

Contents:

Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and the costs involved
Article 9 – Obligations of the trader in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance and additional guarantee
Article 13 – Delivery and performance
Article 14 – Continuing performance contracts: duration, cancellation and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or different provisions

Article 1 – Definitions

1. Ancillary agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract, where these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;

2. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

3. Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession;

4. Day: calendar day;

5. Digital content: data produced and supplied in digital form;

6. Continuing performance contract: an agreement for the regular supply of goods, services and/or digital content over a certain period;

7. Durable medium: any means – including email – that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;

8. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;

9. Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;

10. Distance contract: an agreement concluded between the trader and the consumer within the framework of an organised system for the distance selling of products, digital content and/or services, where up to and including the conclusion of the agreement exclusive or partial use is made of one or more techniques for distance communication;

11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not need to be made available if the consumer has no right of withdrawal in respect of their order;

12. Technique for distance communication: a means that can be used to conclude an agreement without the consumer and trader having to be together in the same room at the same time.

Article 2 – Identity of the trader

Name of trader: Luspada Commerce B.V.
Trading under the name(s): Salonplus
Business address: Hofwijckstraat 28-2, 1055 GG Amsterdam, the Netherlands
Telephone: +31 85 130 1051
Availability: Monday to Friday, 09:00 to 17:00 (CET)
Email: info@salonplus.nl
Chamber of Commerce (KvK) number: 99372932
VAT identification number: NL868959601B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.

2. 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 trader will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.

3. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it 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, electronically or otherwise, at the consumer's request.

4. If 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 may always invoke the applicable provision that is most favourable to them.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be stated explicitly in the offer.

2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the trader.

3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer.

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out in it.

2. If the consumer has accepted the offer electronically, the trader will confirm receipt of the acceptance of the offer electronically without delay. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.

3. If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for this.

4. Within the statutory framework, the trader may find out whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.

5. No later than on delivery of the product, service or digital content to the consumer, the trader will send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

   • the visiting address of the trader's establishment where the consumer can go with complaints;

   • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

   • information about guarantees and existing after-sales service;

   • the price of the product, service or digital content including all taxes; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;

   • the requirements for terminating the agreement if the agreement 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.

6. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

1. The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not oblige them to state their reason(s).
2. The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
   1. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, received the last product. Provided the trader has clearly informed the consumer of this before the ordering process, the trader may refuse an order for several products with different delivery times.
   2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;
   3. for agreements for the regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, received the first product.

3. The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not oblige them to state their reason(s).
4. The cooling-off period referred to in paragraph 3 begins on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium if the consumer has not been informed of the right of withdrawal:

5. If the trader has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.

6. If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle is that the consumer may only handle and inspect the product as they would be allowed to in a shop.
2. The consumer is only liable for any reduction in the value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any reduction in the value of the product if the trader has not provided them with all legally required information on the right of withdrawal before or at the conclusion of the agreement.

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

1. If the consumer exercises their right of withdrawal, they must notify the trader within the cooling-off period using the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorised representative of) the trader. This is not necessary if the trader has offered to collect the product itself. In any case, the consumer has observed the return period if they return the product before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader indicates that it will bear the costs itself, the consumer does not have to bear the costs of returning the product.
6. If the consumer withdraws after first having expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or set quantity begin during the cooling-off period, the consumer owes the trader an amount proportionate to the part of the commitment fulfilled by the trader at the time of withdrawal, compared with full fulfilment of the commitment.
7. The consumer bears no costs for the performance of services or the supply of water, gas or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
   1. the trader has not provided the consumer with the legally required information on the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form, or;
   2. the consumer has not expressly requested the start of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
8. The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium if:
   1. prior to its supply, they did not expressly agree to the start of performance of the agreement before the end of the cooling-off period;
   2. they did not acknowledge losing their right of withdrawal when giving their consent; or
   3. the trader failed to confirm this statement by the consumer.
9. If the consumer exercises their right of withdrawal, all ancillary agreements are dissolved by operation of law.

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

1. If the trader makes it possible for the consumer to give notice of withdrawal electronically, it will send an acknowledgement of receipt without delay after receiving this notice.
2. The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days of the day on which the consumer notifies it of the withdrawal. Unless the trader offers to collect the product itself, it may withhold reimbursement until it has received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.
3. The trader uses the same means of payment that the consumer used for the reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs of the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

1. Products or services whose price is subject to fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction means a sales method whereby products, digital content and/or services are offered by the trader 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 whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
   1. performance has begun with the consumer's express prior consent; and
   2. the consumer has declared that they lose their right of withdrawal as soon as the trader has fully performed the agreement;
4. Package travel as referred to in article 7:500 of the Dutch Civil Code and agreements for passenger transport;
5. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
6. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;
7. Products manufactured according to the consumer's specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products which, after delivery, are by their nature irrevocably mixed with other products;
11. Alcoholic beverages whose price was agreed at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the trader has no influence;
12. Sealed audio and video recordings and computer software whose seal has been broken after delivery;
13. Newspapers, periodicals or magazines, with the exception of subscriptions to them;
14. The supply of digital content other than on a tangible medium, but only if:
    1. performance has begun with the consumer's express prior consent; and
    2. the consumer has declared that they thereby lose their right of withdrawal.

Article 11 – The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence at variable prices. This dependence on fluctuations and the fact that any prices stated are target prices will be stated in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
   1. they result from 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.
5. The prices stated in the offer of products or services exclude VAT.

Article 12 – Performance of the agreement and additional guarantee

1. The trader guarantees that the products and/or services conform to the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the trader, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the trader under the agreement if the trader has failed to fulfil its part of the agreement.
3. An additional guarantee means any commitment by the trader, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do if it has failed to fulfil its part of the agreement.

Article 13 – Delivery and performance

1. The trader will exercise the greatest possible care when receiving and processing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the trader.
3. With due observance of what is stated in article 4 of these general terms and conditions, the trader will execute accepted orders with due speed, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than 30 days after placing the order. In that case the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer without delay.
5. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 14 – Continuing performance contracts: duration, cancellation and renewal

Cancellation:

1. The consumer may cancel an agreement entered into for an indefinite period for the regular supply of products (including electricity) or services at any time, observing the agreed cancellation rules and a notice period of no more than one month.
2. The consumer may cancel an agreement entered into for a fixed period for the regular supply of products (including electricity) or services at any time with effect from the end of the fixed period, observing the agreed cancellation rules and a notice period of no more than one month.
3. With regard to the agreements referred to in the previous paragraphs, the consumer may:

• 1. cancel them at any time and not be limited to cancellation at a particular time or in a particular period;
  2. at least cancel them in the same way as they were entered into;
  3. always cancel them with the same notice period as the trader has stipulated for itself.

Renewal:

4. An agreement entered into for a fixed period for the regular supply of products (including electricity) or services may not be tacitly renewed for a fixed period.
5. Notwithstanding the previous paragraph, an agreement entered into for a fixed period for the regular supply of daily, news and weekly papers and magazines may be tacitly renewed for a fixed period of no more than three months, if the consumer can cancel this renewed agreement with effect from the end of the renewal with a notice period of no more than one month.
6. An agreement entered into for a fixed period for the regular supply 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 no more than three months if the agreement concerns the regular, but less than once a month, supply of daily, news and weekly papers and magazines.
7. An agreement of limited duration for the regular introductory supply of daily, news and weekly papers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration:

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

Article 15 – Payment

1. Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period or, in the absence of a cooling-off period, within 14 days of the conclusion of the agreement. In the case of an agreement for the provision of a service, this period begins on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. Where advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) concerned until the stipulated advance payment has been made.
3. The consumer is obliged to report any inaccuracies in payment details provided or stated to the trader without delay.
4. If the consumer does not fulfil their payment obligation(s) on time, then, after the trader has pointed out the late payment and has granted the consumer a period of 14 days to still fulfil their payment obligations, and payment is not made within this 14-day period, the consumer owes statutory interest on the amount still due and the trader is entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000, with a minimum of € 40. The trader may deviate from the stated amounts and percentages in the consumer's favour.

Article 16 – Complaints procedure

1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the trader, fully and clearly described, within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must in any case give the trader 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is open to the dispute settlement procedure.

Article 17 – Disputes

1. Agreements between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law.

Article 18 – Additional or different provisions

Additional provisions or provisions that deviate 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 in an accessible manner on a durable medium.

18.1 Delivery period

Luspada will observe the stated delivery times or periods of performance as accurately as possible, on the basis that the goods are delivered within 4 working days of the payment date, provided they are in stock. Unless expressly confirmed in writing, Luspada is not bound by stated delivery times and/or performance times. Luspada is not responsible for loss of turnover or other damage such as loss of profit, loss of anticipated savings and other similar financial losses, as well as loss of goodwill, good name or reputation and all other damage resulting from a delivery that deviates from the stated delivery times and/or performance times

18.2 Force majeure

If Luspada is prevented by force majeure from fulfilling the agreement in whole or in part and/or from fulfilling the agreement on time, the delivery period will be extended by the duration of the impediment. Luspada will inform the consumer of this as soon as possible.

18.3 Payment in advance

The other party is obliged to pay the agreed price in advance. This applies both to payments in advance by bank transfer and to payments by credit card, PayPal and Apple Pay. In the first case, the other party will transfer the amount due via the bank. All judicial and extrajudicial costs that Luspada has to incur to collect the amount owed to it by the other party shall be borne by the other party.

18.3-a Klarna – Pay later securely

If you pay for your order with Klarna Pay Later, you also agree to Klarna's terms and conditions. You can find them here:

• Klarna terms (Dutch version): https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/nl_nl/invoice

18.4 Retention of title

All goods sold and delivered remain the property of Luspada until the other party has paid all outstanding claims against it, whether due and payable or not. The other party is obliged to cooperate, at its own expense, in the taking back of purchased and delivered goods if it is in default towards Luspada in any way.

18.5 Privacy

The information you provide is included in the Luspada customer database. This database also contains the information needed to process orders, such as order, delivery and payment details. The customer database is used to execute and process orders and for marketing purposes. The customer database is never passed on to third parties, unless with the express consent of the customer.

18.6 Shipping costs

For deliveries to Ireland we charge shipping costs of €10 including VAT for orders below €70. This also applies when orders have to be sent as a parcel. Where possible, Luspada will send orders by envelope to keep the shipping costs (for you) low. For orders of €70 or more we do not charge any shipping costs. If an order has to be delivered in several shipments, Luspada pays the extra costs. Luspada delivers orders within the European Union and, on request, outside it.

18.7 Accuracy

The content of this site and of all other Luspada communications on the internet has been compiled with the greatest care. However, Luspada cannot give any guarantees regarding the nature, accuracy or content of this information. Luspada is not liable for any errors or inaccuracies, or for the consequences of using the information concerned.

If you do not wish to receive unsolicited advertising (by post, telephone or email), please let us know by email (info@salonplus.nl).

Annex I: Model withdrawal form

Model withdrawal form

(complete and return this form only if you wish to withdraw from the agreement)

– To: Luspada Commerce B.V.

Hofwijckstraat 28-2, 1055 GG Amsterdam, the Netherlands

info@salonplus.nl

– I/We* hereby give notice that my/our* contract relating to

the sale of the following products: [description of product]*

the supply of the following digital content: [description of digital content]*

the provision of the following service: [description of service]*,

is hereby withdrawn by me/us*

– Ordered on*/received on* [date of order for services or receipt for products]

– [Name of consumer(s)]

– [Address of consumer(s)]

– [Signature of consumer(s)] (only if this form is submitted on paper)

* Delete as appropriate or fill in as applicable.