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 warranty
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. Reflection period: the period during which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and concludes a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract for a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
7. Model form: the standard withdrawal form provided by the entrepreneur, which a consumer can complete when they wish to exercise their right of withdrawal;
8. Entrepreneur: the natural or legal person offering products and/or services remotely to consumers;
9. Distance contract: a contract concluded within a system organized by the entrepreneur for the remote sale of products and/or services, in which only one or more remote communication techniques are used until and including the conclusion of the contract;
10. Remote communication technique: means used to conclude a contract without the consumer and entrepreneur meeting simultaneously in the same place;
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Yvette Vojenciak – Skincare Professionals is a trade name of Yvettes House of Wellness
Balthazar Floriszstraat 34 Oh 1071 VD Amsterdam
Phone number: +31 6 55 59 49 36 (available during office hours)
Email: info@yvetteshouseofwellness.nl
Chamber of Commerce number: 34195931 Amsterdam
VAT identification number: NL001260287B88
Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur 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, it will be stated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge at the consumer’s request.
3. If the distance contract is concluded electronically, and deviating from the previous paragraph, the text of these general terms and conditions may, before the distance contract is concluded, be made available electronically to the consumer in such a way that they can easily store it on a durable data carrier. If this is not reasonably possible, it will be stated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will, at the consumer’s request, be sent free of charge electronically or otherwise.
4. If specific product or service terms and conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply accordingly, and in case of conflicting provisions, the consumer may always invoke the provision most favorable to them.
5. If one or more provisions of these general terms and conditions are wholly or partially void or annulled, the rest of the agreement and these terms and conditions remain in effect. The void or annulled provision will be replaced promptly by a provision that approximates the original intent as closely as possible.
6. Situations not covered by these general terms and conditions will be assessed in the spirit of these conditions.
7. Ambiguities in the interpretation or content of one or more provisions will be interpreted in the spirit of these general terms and conditions.
Article 4 – The offer
1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur reserves the right to modify and adapt the offer.
3. The offer contains a complete and accurate description of the offered products and/or services, detailed enough for the consumer to make an informed assessment. Images used are a truthful representation of the products and/or services. Clear mistakes or errors do not bind the entrepreneur.
4. All images and specifications in the offer are indicative and cannot be grounds for compensation or contract dissolution.
5. Product images are a true representation; actual colors may vary.
6. Each offer includes the information necessary for the consumer to understand their rights and obligations, including:
◦ price including taxes;
◦ any shipping costs;
◦ how the agreement is concluded and actions required;
◦ right of withdrawal applicability;
◦ payment, delivery, and performance methods;
◦ acceptance period or price guarantee period;
◦ distance communication cost basis;
◦ archive and access details;
◦ data review and correction methods;
◦ other available contract languages;
◦ applicable codes of conduct and consultation methods;
◦ minimum contract duration for duration transactions.
Article 5 – The agreement
1. The agreement is concluded when the consumer accepts the offer and meets its conditions, unless stated otherwise in paragraph 4.
2. If accepted electronically, the entrepreneur will confirm receipt electronically without delay. Until confirmed, the consumer may dissolve the agreement.
3. For electronic agreements, the entrepreneur implements appropriate security measures for data transfer and ensures a secure web environment. Electronic payments are secured accordingly.
4. Within legal bounds, the entrepreneur may verify the consumer’s payment ability and other relevant factors. If justified, the entrepreneur may refuse or condition the order.
5. With the product or service, the entrepreneur provides:
a. the business address for complaints;
b. conditions and exercise methods for the right of withdrawal or its exclusion;
c. warranty and post-purchase service details;
d. Article 4(3) information if not already provided;
e. termination requirements for contracts longer than one year or of indefinite duration.
6. For duration transactions, paragraph 5 applies only to the first delivery.
7. All agreements are subject to product availability.
Article 6 – Right of withdrawal
For product deliveries:
1. Consumers may withdraw within 14 days without reason, starting the day after receipt.
2. During the reflection period, the consumer treats products and packaging carefully, using only as needed to assess retention. If withdrawn, products and accessories must be returned in original condition per instructions.
3. To withdraw, the consumer must notify within 14 days using the model form and return products within 14 days with proof of shipment.
4. Without notification or return within the terms, the purchase is final.
For service provision:
5. Consumers may withdraw from services within at least 14 days starting from agreement conclusion.
6. Withdrawal follows provided reasonable instructions.
Article 7 – Costs in case of withdrawal
1. Return shipping costs are borne by the consumer.
2. Refunds occur within 14 days via the original payment method, conditioned on receipt or proof of return.
3. Consumers are liable for value reduction due to improper handling.
4. No liability for value reduction if withdrawal rights information was incomplete.
Article 8 – Exclusion of the right of withdrawal
1. The entrepreneur may exclude withdrawal rights if clearly stated before agreement.
2. Excluded for products:
a. custom-made;
b. personal in nature;
c. perishable;
d. bound to market fluctuations;
e. unsealed audio, video, or software;
f. unsealed hygienic products.
3. Excluded for services:
a. dated events like lodging or transport;
b. services begun with consumer consent before reflection period;
c. betting and lotteries.
Article 9 – The price
1. Prices remain unchanged within the offer validity, except VAT changes.
2. Variable pricing allowed for market-tied products with disclosure.
3. Price increases within 3 months only by law.
4. After 3 months, increases allowed if agreed and with termination rights.
5. Prices include VAT.
6. Subject to typographical errors; no liability for these.
Article 10 – Conformity and warranty
1. The entrepreneur warrants products/services meet the agreement, specs, quality standards, and legal requirements.
2. Manufacturer/importer warranties do not affect statutory rights.
3. Defects or wrong deliveries must be reported within 2 months and returned in original packaging.
4. Warranty period equals factory warranty; no liability for product suitability for individual use or advice.
5. No warranty if:
• consumer altered or mishandled products;
• exposed to abnormal conditions;
• failure due to government regulations.
Article 11 – Delivery and execution
1. Care in order handling and service requests.
2. Delivery to the address provided by the consumer.
3. Execution within 30 days unless otherwise agreed; delays allow consumer to dissolve without compensation.
4. Delivery times are indicative, no rights from delays.
5. Upon dissolution, refund within 14 days.
6. If unavailable, substitute item or notify clear; withdrawal rights remain, entrepreneur covers return costs.
7. Risk until delivery except otherwise agreed.
Article 12 – Duration transactions: duration, termination and extension
Termination
1. Indefinite supply contracts may be terminated anytime with up to 1 month notice.
2. Fixed-term supply contracts may be terminated anytime to end of term with up to 1 month notice.
3. Contracts:
• terminable anytime,
• same method as concluded,
• same notice as entrepreneur.
Extension
4. Fixed-term supply contracts cannot auto-renew.
4. Exceptions for periodicals: auto-extend up to 3 months with 1 month notice.
5. Contracts may auto-extend indefinitely if terminable anytime with 1 month notice, or 3 months for less than monthly periodicals.
6. Trial subscriptions end automatically.
Duration
7. Contracts over one year terminable after one year with up to 1 month notice, unless unfair.
Article 13 – Payment
1. Unless agreed otherwise, amounts due within 7 days after reflection period start; for services, after confirmation.
2. Consumers must report payment data errors.
3. On default, entrepreneur may charge reasonable costs.
Article 14 – Complaints procedure
1. Noticeable complaints procedure in place.
2. Complaints within 2 months of defect discovery.
3. Response within 14 days; delays acknowledged with timeline.
4. Unresolved complaints go to dispute resolution.
5. File complaints via entrepreneur or EU ODR platform (http://ec.europa.eu/odr).
6. Complaints do not suspend obligations unless stated.
7. Valid complaints lead to free replacement or repair.
Article 15 – Disputes
1. Dutch law applies exclusively, even for foreign consumers.
2. CISG does not apply.
Additional or deviating provisions
Provisions more favorable to consumers prevail and must be in writing or storable electronically.
For withdrawal and complaints, email info@yvetteshouseofwellness.nl or call during office hours.
