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Terms & Conditions - Shop

Index:

Article   1 - Definitions
Article   2 - Identity of the trader
Article   3 - Applicability
Article   4 - The offer
Article   5 - The contract
Article   6 - Right of withdrawal
Article   7 - Customers who exercise their right of withdrawal and the costs involved
Article   8 - Traders' obligations in case of withdrawal
Article   9 - Precluding the right of withdrawal 
Article 10 - The price
Article 11 - Contract fulfilment and extra guarantee
Article 12 - Delivery and implementation
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different stipulations

Article 1 - Definitions

The following definitions apply in these terms and conditions:

  1. Supplementary agreement: an agreement in which a consumer obtains products, digital content and/or services via a distance contract, and a trader or a third party delivers these products, digital content and/or services in accordance with an agreement between that third party and the trader;
  2. Withdrawal period: the period within which a consumer can make use of his right of withdrawal;
  3. Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;;
  4. Day: calendar day;
  5. Digital content: data that are produced and supplied in digital form;
  6. Extended duration transaction: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
  7. Durable medium: every means - including emails - that enables a consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
  8. Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period;
  9. Trader: a natural or legal person who is a member of Alaìna and who offers products, (access to) digital content and/or services to consumers from a distance;
  10. Distance contract: a contract concluded between a trader and a consumer within the framework of system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
  11. Model form for right of withdrawal: the European model form for right of withdrawal that is included in Appendix I of these terms and conditions. The trader is not obliged to provide Appendix I if the consumer has no right of withdrawal with regard to his order;
  12. Technique for distance communication: means that can be used for communication regarding the offer made by the trader and concluding a contract, without the necessity of the consumer and trader being in the same place at the same time.

 

Article 2 - Identity of the trader

Alaìna
Address: Spaansepoort 57, 3011MN, Rotterdam, The Netherlands
Email address: [email protected]
Chamber of Commerce number: 68396554
VAT identification number: NL001133247B12


Article 3: Applicability

  1. These general terms and conditions apply to every offer made by a trader and to every distance contract that has been realized between a trader and a consumer.
  2. Prior to the conclusion of a distance contract, 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, in what way the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.
  4. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.

 

Article 4 - The offer

  1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
  3. Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.

 

Article 5 - The contract

  1. The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.
  3. If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.
  4. The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
  5. The trader will send to a consumer, at the latest when delivering a product, service or digital content, the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:
    • the email address of the trader where the consumer can lodge complaints;
    • the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal;
    • information on guarantees and existing after-sales service;
    • the price, including all taxes on the product, service or digital content; the costs of delivery insofar as applicable, and the method of payment, delivery or implementing the distance contract;
    • the requirements for terminating the contract, if the duration of the contract exceeds one year or if it is indefinite;
    • if the consumer has a right of withdrawal, the model form for right of withdrawal.
  6. In case of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.

 

Article 6 - Right of withdrawal

  1. When purchasing products, a consumer has the right to dissolve a contract as long as the order has not been shipped. The trader is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).
  1. The lashes, colored contact lenses, lash glue and accessories cannot be returned due to the hygienic nature of the products. The consumer does not have the right of withdrawal regarding these products. This does not apply to items with a manufacturing defect or having received the wrong items. Colored contact lenses in this particular case can only be returned if the blisterpackaging has not been opened.
  2. A return shipment must be submitted at my account on the website www.alainaeyes.com, if the order has been made as a guest, the same email address has to be used to registrate. This will turn the guest account into a customer account. Once logged in, there should be clicked View on the page listing the recent orders. Here must be clickes on Return products at the right at the bottom to create the return shipment.

 

Article 7 - Customers who exercise their right of withdrawal and the costs involved

  1. A consumer who wants to exercise his right of withdrawal shall report this to the trader, within 14 days, by means of the model form for right of withdrawal or in some other unequivocal way.
  2. As quickly as possible, but no later than 14 days after the day of reporting as referred to in para. 1, the consumer shall return the product, or hand it over to (a representative of) the trader. This is not necessary if the trader has offered to collect the product himself. The consumer will in any case have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed.
  3. The consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
  4. The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer.
  5. The consumer bears the direct costs of returning the product. After receiving and inspecting the returned products and it has been confirmed it has a manufacturing defect or the wrong product has been sent, the costs will be paid back by the trader.
  6. If a consumer exercises his right of withdrawal, all supplementary agreements are legally dissolved.

 

Article 8 - Traders' obligations in a case of withdrawal

  1. If the trader makes it possible for a consumer to declare his withdrawal via electronic means, then after receiving such a declaration, he sends immediate confirmation of receipt.
  2. The trader reimburses the consumer immediately with all payments, including any delivery costs the trader charged for the returned product, though at the latest within 14 days after the day on which the trader has received the products.
  3. For any reimbursement, the trader will use the same payment method that was initially used by the consumer, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer.
  4. If the consumer chose an expensive method of delivery in preference to the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.

 

Article 9 - Precluding the right of withdrawal

The trader can preclude the right of withdrawal for the following products and services, but only if the trader stated this clearly when making the offer, or at least in good time prior to conclusion of the contract:

  1. Products or services whose prices are subject to fluctuations on the financial market over which the trader has no influence and which can occur within the period of withdrawal;
  2. Damaged products due to transport.
  3. Products manufactured according to the consumer’s specifications, which were not prefabricated and were made based on a consumer’s specific choice or decision, or which are clearly intended for a specific person;
  4. Sealed products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery;

 

Article 10 - The price

  1. During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs.
  2. Contrary to the previous paragraph, the trader may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the trader has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
  3. Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
  4. Price increases more than 3 months after the contract was concluded are only permitted if the trader stipulated as much and:
    • they are the result of statutory regulations or stipulations; or
    • the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
  5. Prices stated in offers of products or services include VAT.

 

Article 11 - Contract fulfilment and extra guarantee

  1. The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed the trader also guarantees that the product is suited for other than normal designation.
  2. An extra guarantee arrangement offered by the trader, manufacturer or importer can never affect the statutory rights and claims that a consumer can enforce against the trader on the grounds of the contract if the trader failed to fulfil his part in the contract.
  3. An extra guarantee is defined as every commitment of a trader, his supplier, importer or manufacturer that grants a consumer rights or claims, in excess of those provided by law, for the event that he fails to fulfil his part in the contract.

 

Article 12 -Delivery and implementation

The trader will receive and process orders with the utmost care.

  1. The place of delivery will be the address the consumer has given to the trader.
  2. The trader will process accepted orders as soon as possible but within 30 days, unless a different delivery date has been agreed upon. When delivery gets delayed or can only be processed partially, the consumer will receive a message within 30 days after placing the order. The consumer has in this case the right to withdraw the order without any additional costs.
  3. After withdrawal due to delay the trader will return the paid amount by the consumer.
  4. The risk of damaging and/or missing products during transportation is upon the consumer. The responsibility of the trader ends after shipping the products without a track and trace code. If there has been sent a track and trace code to the consumer digitally, there will be taken care of the right solution, unless agreed differently.

 

Article 13 - Payment

  1. As far as no other date is stipulated in the contract or supplementary conditions, sums payable by the consumer should be paid after the conclusion of the contract.
  2. The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.
  3. If a consumer fails to fulfil his payment obligation(s) in good time, after the trader has informed the consumer about the late payment, the consumer is allowed 14 days in which to fulfil the obligation to pay; if payment is not made within this 14-day period, statutory interest will be payable over the sum owed and the trader has the right to charge reasonable extrajudicial costs of collection he has incurred. These costs of collection amount to, at the most: 15% of unpaid sums up to €2,500; with a minimum of €40. The trader can make departures from these sums and percentages that are favorable to the consumer.

 

Article 14 - Complaints procedure

  1. The trader provides for a complaints procedure, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
  2. A consumer who has discovered shortcomings in the implementation of a contract must submit any complaints to the trader without delay, in full and with clear descriptions.
  3. A reply to complaints submitted to the trader will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
  4. A complaint about a product, a service or the trader’s service can also be submitted via my account where there could be submitted a ticket.
  5. The consumer should give the trader a time period of at least 4 weeks to solve the complaint in joint consultation. After this period of time, the complaint  becomes a dispute that is subject to the disputes settlement scheme.

 

Article 15 - Disputes

  1. Contracts entered into between a trader and a consumer and which are subject to these general terms and conditions are subject only to Dutch law.

 

Article 16 - Additional or different stipulations

Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium. 

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