General terms and conditions Webshop
Article 1. Definitions
For the purposes of these terms and conditions:
- Supplier: Perfect Eyelash Webshop (further referred to as PEW) is the legal entity that offers products and/or services to buyers both in its Webshop and remotely from the Webshop;
- Buyer: the natural or legal person entering into a contract (at a distance) with PEW or the natural person not acting in the exercise of a profession or business entering into a contract (at a distance) with PEW;
- Agreement (at a distance): an agreement whereby, within framework of a system organized by PEW for the sale of products and services (at a distance), up to including the conclusion of the agreement, only one or more means of communication are used (at a distance);
- Technique for communication at a distance: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same room at the same time;
- Services and/or Products: The subject of one or more agreements.
Article 2. Identity of the supplier
Perfect Eyelash Webshop
E-mail address: firstname.lastname@example.org
Chamber of commerce – number: 56566549
VAT – identification number: NL852189564B02
Article 3. Applicability
- The general terms and conditions shall apply to all offers made by PEW and to all agreements (at a distance) concluded between PEW and buyer.
- In addition to the general terms and conditions, additional terms and conditions may apply to certain services and/or products. Should there be any differences between the additional terms and conditions and the general terms and conditions the provisions of the additional terms and conditions will apply above the general terms and conditions, unless otherwise determined by PEW.
- It is only possible to deviate from one or more provisions of the general terms and conditions if this has been explicitly agreed in writing. In that case, the other provisions of the terms and conditions shall remain in full force and effect.
- The buyer’s terms and conditions shall not apply unless explicitly agreed in writing by PEW.
- Unless otherwise agreed in writing, PEW shall not recognise the general or specific terms and conditions or speculations of third parties.
- The text of the general terms and conditions shall be made available to the buyer electronically by PEW in such a way that the buyer can easily store these documents on a durable data carrier.
- Before the agreement (at a distance) is concluded, the text of the general terms and conditions will be made available to the buyer. If this isn’t reasonably possible, prior to the conclusion of the agreement (at a distance) it shall be indicated that the general terms and conditions can be inspected at PEW an where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the request of the buyer.
- PEW reserves the right to edit and/or supplement the terms and conditions at any time.
Article 4. The offering and conclusion of agreements
- By using the webshop of PEW and/or placing an order, the buyer accepts the general terms and conditions as well as all other rights and obligations as stated on the webshop and apply in the webshop.
- PEW shall be entitled to make use of third parties in the performance of a contract with the buyer.
- The offering of PEW is non-binding unless a deadline for acceptance is stated in the offer.
- Offers are valid while stock lasts.
- If an offer has a limited period or validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services that PEW offered. The description is sufficiently detailed to enable a proper assessment of the offer by the buyer. If PEW makes use of illustrations, they are a faithful presentation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on PEW.
- Each offer contains such information that it is clear to the buyer what rights and obligations are attached with the acceptance of the offer.
- An agreement is concluded when – potential buyer has explicitly provided or entered data by telephone or in writing onto the appropriate entry screen and such data has been received by PEW by telephone or by order form, post or e-mail – potential buyer has explicitly indicated during his visit to the PEW site that he wishes to purchase or receive a certain product and/or service; - potential buyer has explicitly indicated by telephone that he wishes to receive a certain product and/or service.
- The agreement is concluded, subject to the provisions of the preceding paragraph of this article, at the time of acceptance by the buyer of the offer and compliance with the conditions attached to it.
- If the agreement is concluded electronically, PEW shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the buyer pays electronically, PEW shall observe appropriate security measures for this purpose.
- PEW may inform itself - within the limits of the law - whether the buyer is able to fulfil its payment obligations as well as all facts and factors which are important for a responsible conclusion of the agreement (at a distance). If on the basis of this examination PEW has good grounds for not entering into the contract, PEW is entitled to refuse an order or request or to attach special conditions to the performance.
Article 5. Prices
- All prices are expressed in Euros, in accordance with the relevant legal regulations, and are 21% VAT excluded and other costs such as levies and shipping costs, unless otherwise indicated by PEW.
- The buyer shall be liable for the price notified to PEW in its confirmation. PEW shall be entitled to correct obvious (manipulative) errors in the quotation, such as obvious inaccuracies, even after the conclusion of the agreement.
- Shipping costs aren’t included in the price. Special rates apply for shipping outside of The Netherlands. With regard to certain payment methods, further conditions apply regarding tot the shipping method and the associated costs. This will be clearly communicated to the buyer.
- Should prices for the offered products and services increase in the period between the order and its execution, the buyer may cancel the order or rescind the contract within ten (10) days after notification of the price increase by PEW.
Article 6. Payment
- Orders through the webshop can be paid in the following ways: - cash (only on pickup at the warehouse) – prepayment / bank transfer – iDeal – Paypal.
- PEW could expand payment options in the future. Other/new payment methods will be announced on the website.
- PEW may require prepayment for some products and services. If prepayment is stipulated, the buyer shall not be entitled to assert any rights regarding to the performance of the relevant order or service(s) before stipulated prepayment has been made.
- The buyer is obligated to report any inaccuracies in the payment data provided or stated to PEW without delay.
- When there is a non-payment or late payment by the buyer, the buyer shall owe interest on the outstanding amount, to be calculated from the day on which the day on which the payment should have been made at the latest until the day of full payment, whereby a month that has commenced shall be counted as a full month.
- Buyer shall also be liable for any and all legal and non-legal expenses of any kind incurred by PEW as a result of the buyer’s breach of its payment obligations.
- In case of late payment PEW is entitled to rescind the contract with immediate effect or to suspend (further) delivery until the buyer has fulfilled its full payment obligations, including payment of interest and costs.
Article 6.1. Can I pay in terms?
Yes. At Perfect Eyelash you have the possibility to pay the training course Microblading and Ombre Powder Brows in one go or in three terms.
1st term: € 250,- excl. VAT upon registration
2nd term: € 550,- excl. VAT at the start of the first training day
3rd term: € 550,- excl. VAT 30 days after attending the training course*
⃰ For the third term after 30 days you will receive an automatic reminder by e-mail with a payment link that allows you to make the payment within 48 hours.
PAY ATTENTION: If this payment is not made within 48 hours, you will receive a reminder and we will immediately charge an administration fee of €50,- per reminder.
Article 7. Sales area
- Orders can be delivered worldwide.
- Agreements can only be concluded in Dutch/English.
Article 8. Delivery and delivery time
- Orders will be delivered as soon as possible. In principle PEW strives to ship orders the same day when they are placed before 04.00 PM on a business day. The deadline for delivery is 30 days after receipt of the order, with the exception of advance payments where the deadline is 30 days after receipt of payment.
- PEW’s obligation to deliver shall be fulfilled, unless proven otherwise, as soon as the goods delivered by PEW have once be presented to the byer. In case of home deliver, the report of the carrier, including refusal of acceptance, shall serve as fool proof of the offer for delivery.
- PEW may provide further information on delivery times on the internet site or otherwise in writing. All deadlines mentioned on the website are indicative. No right may therefore be derived from the periods of time stated.
- If a product, which is temporarily out of stock, is ordered by the buyer, it will be indicated when the product is available again and will be sent to you.
- PEW strives to report delays to the buyer by telephone or e-mail within one working day.
- Deliveries are made to the address specified by the buyer during the conclusion of the agreement.
- As soon as the products are delivered to the specified delivery address, the risk regarding to these products is transferred to the buyer.
- Different conditions may apply to deliveries abroad.
- If the delivery is made in parts, PEW is entitled to consider each delivery as a separate transaction.
- If you receive items that you haven’t ordered, you must notify PEW within 48 hours.
Article 9. Visibility period / right of withdrawal
- If there is a customer purchase, in accordance with the Distance Selling Act (art.7:5 of the Dutch Civil Code), the buyer has the right to return (a part of) the delivered goods within a period of seven business days without giving a reason. This period starts when the ordered goods have been delivered.
- If, at the end of this period of time, the buyer hasn’t returned the delivered goods to PEW, the purchase shall be deemed to have taken place. The buyer is obliged to notify PEW in writing within seven business days after delivery before returning the goods. The buyer must prove that the goods have been returned in time, for example by means of proof of postal delivery.
- Goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right of dissolution within meaning of this paragraph shall lapse. PEW reserves the right to charge an administration fee for return shipment.
- Subject to the provisions of the previous sentence, PEW shall ensure that within 30 days after proper receipt of the return shipment the full purchase price, excluding calculated shipping and handling costs, is refunded to the buyer. The return of the delivered goods shall be entirely at the expense and risk of the buyer.
- The right of withdrawal does not apply to: - services of which the execution, with the consent of the buyer, has commenced before the period of seven business days; - goods or services whose price is subject to fluctuations on the financial market over which the supplier has no influence – goods manufactured according tot the customers specifications, for example custom-made products, or which have a clearly personal character – for goods or services which by nature cannot be returned, for example of hygiene, or which can spoil or age quickly.
- If the returned product hasn’t been received in accordance with the terms and conditions, the purchase price will not be refunded. The product remains the property of the buyer who is obliged to collect its property within two weeks. Upon request, the products can also be delivered, whereby delivery costs will be paid for by the byer.
- B2B purchases are excluded from visibility period / right of withdrawal.
Article 10. Defects and Complaint Period
- The buyer is obliged to inspect the products (or have them inspected) carefully immediately upon receipt.
- Complaints from buyer relating to defects in the product or delivery, which are externally noticeable, must be notified to PEW by the buyer within seven days after delivery (or within seven days after the invoice date if the products are not (or couldn’t be) delivered to the buyer).
- The buyer, not being a consumer buyer, is not entitled to return products about which there is no substantiated complaint. If this is done without giving valid reasons, all costs associated with returning the products will be connected to the buyer. In this PEW shall be free to store the goods under third parties at the buyer’s risk and expense.
- The buyer is obliged to notify the customer service department in writing of any returns. Under which categories can items be returned? Perfect Eyelash can only take back items under wrongly ordered, defect product, product not according to wish, however, the wish will have to be properly notified and our customer service staff will first perform a check. You can send an e-mail to: email@example.com.
Article 11. Retention of title
- Ownership of the products shall be transferred to the buyer, contrary to the actual delivery, until the buyer has paid the full amounts due under any contract with PEW, including reimbursement of interest and costs, also of previous or subsequent deliveries and any work performed or to be performed in connection with the products.
- The buyer may not tax, sell, resell, transfer, dispose of or otherwise encumber the products prior to the transfer of ownership thereof.
Article 12. Guarantee and liability
- In principle, PEW’s guarantee applies to products supplied by PEW, as determined by the manufacturer of the relevant item. If the delivered goods do not comply with the contract, the buyer shall notify PEW within two months after discovery. Natural persons not acting in the course of a profession or business who have entered into an agreement (at a distance) with PEW shall be entitled to the right set out in the Civil Code, Book 7, title 1, sections 1 – 7.
- PEW shall never be obliged to pay any damages to the buyer or others, unless there is intent or gross guilt on its part.
- PEW shall not accept any liability for consequential or trading damages, indirect damages and loss of profit or turnover.
- If PEW, for whatever reason, is obliged to compensate any damage, such compensation shall never exceed an amount equal to the invoice value of the product or service which caused the damage.
- Without prejudice to the provisions of this article, there can be no guarantee in the following cases: - if the wear and tear can be regarded as normal; - if changes have been made to or made on the product, including repairs not carried out with the permission of PEW or the manufacturer; - if the original invoice can’t be submitted, has been altered or made illegible; - if defects are the result of corresponding or improper use; - if damage is caused by intent, gross negligence or negligent maintenance.
- If there are costs involved in repairing a defect, the buyer will be informed. If the buyer doesn’t expressly agree to the cost statement in writing, it may return its property against payment of the research costs. If the buyer hasn’t paid these examination costs (six) months after presentation of the cost estimate, ownership of the product to PEW shall expire.
Article 13. Force majeure
- In case of force of majeure PEW shall not be obliged to fulfil its obligations to the buyer. PEW is entitled to suspend its obligations for the duration of the force majeure.
- Force majeure shall be understood to mean any circumstance beyond its control as a result of which the fulfilment of its obligations towards the buyer is entirely or partially prevented. These circumstances include strikes, fires, business interruptions, energy failures, failures in a (telecommunication) network or connection or used communication systems and/or unavailability of the internet site at any time, non or late delivery of suppliers or other third parties and the absence of any governmental license.
Article 14. Personal data
- In doing so, PEW shall observe the applicable Dutch laws and regulations.
Article 15. Disputes
- Agreements between PEW and the buyer to which these general terms and conditions apply shall be exclusively governed by Dutch law.
- The parties will first make every effort to settle a dispute by mutual agreement.
- Disputes arising from an agreement between PEW and the buyer, which can’t be resolved by mutual agreement, shall be brought before the competent court in the district of Den-Haag, unless PEW prefers to submit the dispute to the competent court in the buyer’s place of residence, with the exception of those disputes which fall within the competence of the subdistrict court.
Article 16. Various provisions
- PEW strives to answer e-mails sent to firstname.lastname@example.org 24 hours on business days.
- Any inaccuracies of data provided to you by PEW must be reported to PEW immediately as well as any changes or inaccuracies of your data that you have provided to PEW.
General terms and conditions Training
These provisions are integral part of the agreement between Perfect Eyelash and the student as shown on the registration form.
- GENERAL DEFINITIONS
- The training institute: Perfect Eyelash in Harderwijk (The Netherlands).
- The student: the person who, after signing the online registration form, has registered for one of the training courses organised by the training institute.
- The study guide or website: study information of the training institute in which all relevant data of the study programme(s) concerned are listed.
- Agreement at a distance: An agreement concluded in such a way that exclusive use is made of one or more means of distance communication, such as written correspondence or electronic communication.
- THE TRAINING COURSE
- The training institute provides the training as mentioned in the study guide/website.
- THE AGREEMENT BETWEEN THE TRAINING INSTITUTE AND THE STUDENT
- The agreement between the training institute and the student is entered into in writing. Upon receipt of the online registration form, the study agreement takes effect. The students receive a confirmation of registration from the training institute. If the student is younger than 18 years old, a legal representative must co-sign the registration form.
- The student is obliged to notify the training institute in writing of any change in personal data.
- TRAINING COSTS
The following costs, among others, are associated with the training course:
- Tuition fees; the training institute determines the amount of the tuition fees and mentions this in the study guide/website.
- Teaching materials and resources; the training institute determines the costs for textbooks, dictations and working materials and mentions them in the study guide/website.
- PAYMENT OF THE TUITION FEE
- The training institute determines the deadlines by which the tuition fee must be paid.
- Payment of the tuition fee or a term thereof must always be made in advance. In case of payment in terms, the first term must be paid upon registration.
- The training institute may exclude students who do not meet the agreed financial obligations from further education, in which case, without exception, the tuition fees due in full are immediately payable.
- CONDITIONS FOR CANCELING THE TRAINING COURSE
If the training course is cancelled by the student, the following cancellation regulations apply:
- Cancellation shall be effected by a registered letter.
- In case of cancellation within 14 days before the start of the training course, the student owes 40% of the tuition fee with a minimum of € 50,-. Changes in training within 14 days are subject to the same conditions and will be assessed on a case-by-case basis.
- Down-payments will not be returned.
- RECOVERY OF TUITION FEES
Regardless of the foregoing, if the student fails to pay the tuition fee, collection measures will be taken. The amount still to be claimed will be increased with the statutory interest and collection or legal costs.
The training institute determines which materials and books will be used during the training course and which will be made available during the training course. Books and materials can be purchased at the training institute and become property of the student after the payment.
- The training institute is not responsible for loss, damage or theft of objects belonging to students.
- All damage inflicted by the student, whether intentional or negligent, will be repaired at the expense of the student or his legal representative.
- The student can be held accountable for damage to clothing and other property of third parties.
- TRAINING COURSE TIMES AND LOCATION
- The training institute is entitled to change the training day or time, at least 14 days before the start of the training, in the event of insufficient registrations or otherwise. If the student can’t agree to this change, please inform in writing, the student may do so within 14 days, and the agreement will be dissolved at no cost to the student and a down-payment will be refunded by the training institute.
- In serious cases of force majeure, the training institute is entitled to change the training course time or the location where the training courses are given. In such a case of force majeure, the resolutive condition referred to under paragraph a can’t be called on.
- RIGHT OF AUTHOR
The copyright on the training institutes own teaching material is vested in the training institute. The material may not be reproduced and/or made public by means of print, photocopy, microfilm or any other way without prior written permission of the training institute.
- HOUSE RULES
- The student commits himself/herself to follow all the lessons belonging to the training course.
- The student commits himself/herself to do all the homework, both theoretical and practical, properly.
- In case of absence due to illness or otherwise, the student must notify the training institute of this, stating the reason, before the start of the lesson. We would like to receive written proof of this. In case of illness we would like to receive a doctors certificate and in case of death of relatives, however annoying and sad it may be, we would like to receive proof of death. This can be a memorial card or an obituary.
- The students must leave the workplace behind clean and tidy. Food may not be consumed in the classrooms.
- At the training institute there is a total ban on smoking in all rooms and it is compulsory to switch off mobile phones during lessons.
- In case of disputes between the student and the training institute about any aspect that is connected or results from the agreement between Perfect Eyelash and the student, a complaint about this can be sent to the management of the training institute. The management is obliged to respond in writing to this complaint within 10 business days.
- The benefits of arranging your own model
We understand that you can be a bit tense for following a training course. If you bring a model with you, who you already know, experience shows that you are less nervous as a student when you participate in a training course. The person from your immediate environment is also a good start to build up your customer base.
- What are the dangers of requesting a model?
We offer this service for you as a student, should your model not be able to participate. However, we can’t guarantee that we will be able to arrange a model for you. Hereby we would like to point out that we have 12 training locations and arranging a model takes a lot of care. From experience models sometimes don’t show up, or they call in sick at the last minute. We would like to point out that we can’t offer a 100% guarantee for arranging a model.
- When you don’t have a model for your training
As a student you sign up for a training course where models are needed. The final responsibility for arranging models lies with you. Unfortunately, if there is no model, you will not be able to take part in the training. The training will then be cancelled and we will charge 40% of the costs, as the cancellation falls within the 14 day period. These are the general terms and conditions that you have accepted during the registration process.
- STUDY GUIDE
Printing and typographical errors, price changes and changes to the content of the training courses in the study guide are reserved.