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 warranty Article 11 - Delivery and execution Article 12 - Duration transactions: duration, cancellation, 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 shall be understood as:

1. Reflection period: The period within which the consumer can exercise his right of withdrawal; Read all about the reflection period.

2. Consumer: The natural person who does not act in the course of his/her profession or business and enters into a distance contract with the entrepreneur.

3. Day: Calendar day.

4. Duration transaction: A distance contract regarding a series of products and/or services, the delivery and/or purchasing obligation of which is spread over time.

5. Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed to him/her in a way that allows for future consultation and unaltered reproduction of the stored information.

6. Right of withdrawal: The possibility for the consumer to renounce the distance contract within the reflection period.

7. Model form: The model form for withdrawal provided by the entrepreneur, which a consumer can fill out if he/she wishes to exercise his/her right of withdrawal.

8. Entrepreneur: The natural or legal person who offers products and/or services at a distance to consumers.

9. Distance contract: A contract in which, in the context of a system for distance selling of products and/or services organized by the entrepreneur, only one or more techniques for distance communication are used up to and including the conclusion of the contract.

10. Technique for distance communication: A means that can be used to conclude a contract, without the consumer and entrepreneur being simultaneously present in the same space.

11. General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Gold Beauty B.V. Avenue Carnisse 320

2993ML Barendrecht The Netherlands

T (068) 104-2083 E info@dermadreamshop.eu Chamber of Commerce 74109316 VAT number NL859775562B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and orders between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's and they will be sent free of charge to the consumer upon request as soon as possible.

3. If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically before the distance contract is concluded 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 read electronically and that they will be sent free of charge to the consumer upon request, either electronically or otherwise.

4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.

5. If one or more provisions in these general terms and conditions are null and void or are voided at any time, the agreement and these terms and conditions will remain in force and the provision in question will be replaced by mutual consultation as soon as possible by a provision that approaches the intent of the original as closely as possible.

6. Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

7. Ambiguities regarding the interpretation or content of one or more provisions of our terms should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

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

2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

4. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or termination of the agreement.

5. Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

6. Each offer contains information that makes it clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:

   • The price including taxes;
   • Any shipping costs;
   • The manner in which the agreement will be concluded and the actions required for this;
   • The application or non-application of the right of withdrawal;
   • The method of payment, delivery, and execution of the agreement;
   • The term for accepting the offer or the period within which the entrepreneur guarantees the price;
   • The rate for distance communication if the costs of using distance communication technology are calculated on a different basis than the basic rate for the communication medium used;
   • Whether the agreement is archived after its conclusion and, if so, how this can be consulted by the consumer;
   • How the consumer can check and, if desired, restore the data he provided in the context of the agreement before concluding the agreement;
   • Any other languages in which the agreement can be concluded in addition to Dutch;
   • The codes of conduct to which the entrepreneur has subjected himself and the manner in which the consumer can consult these codes of conduct electronically; and
   • The minimum duration of the distance agreement in the event of an extended transaction.

Article 5 - The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed this acceptance, the consumer can dissolve the agreement.

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

4. The entrepreneur can - within legal limits - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.

5. The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

   • The visiting address of the entrepreneur's business location where the consumer can go with complaints;
   • The conditions under which and the way 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 post-purchase service;
   • The data included in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
   • The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

6. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

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

Article 6 - Right of Withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for 14 days. This reflection period starts the day after the product has been received by the consumer or a representative designated by the consumer and made known to the entrepreneur.

2. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he wishes to exercise his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, following the clear and reasonable instructions provided by the entrepreneur.

3. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer should announce this using a standard form or by another means of communication, such as e-mail. After expressing the wish to use his right of withdrawal, the consumer must return the product within 14 days. The consumer needs to prove that the goods have been returned on time, for example, by providing proof of shipment.

4. If after the periods mentioned in paragraphs 2 and 3, the consumer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is finalized.

Upon delivery of services:

1. When services are delivered, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering the agreement.

2. To exercise his right of withdrawal, the consumer will adhere to the reasonable and clear instructions provided by the entrepreneur during the offer or at least during the delivery.

Article 7 - Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, he will bear the costs of returning the goods at most.

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is on the condition that the product has already been received back by the online retailer or that conclusive evidence of complete return can be submitted. Refunds will be made using the same payment method used by the consumer unless the consumer explicitly agrees to a different method.

3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation of the product.

4. The consumer cannot be held responsible for any depreciation of the product if the entrepreneur did not provide all legally required information about the right of withdrawal before concluding the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the agreement was concluded.

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

   • Made by the entrepreneur according to specifications of the consumer;
   • That are clearly personal in nature;
   • That cannot be returned due to their nature;
   • That can perish or age quickly;
   • Whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
   • For individual newspapers and magazines;
   • For audio and video recordings and computer software for which the consumer has broken the seal;
   • For hygienic products where the consumer has broken the seal.

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

   • Concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
   • The delivery of which started with the express consent of the consumer before the reflection period has expired;
   • Concerning bets and lotteries.

Article 9 - Price

1. During the period mentioned in the offer, the prices of the products and/or services offered will not increase, except for price changes resulting from changes in VAT rates.

2. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and where the entrepreneur has no influence. This link to fluctuations and the fact that any mentioned prices are target prices will be mentioned in the offer.

3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

   • They are the result of statutory regulations or provisions; or
   • The consumer has the right to terminate the contract from the day the price increase takes effect.

5. The prices mentioned in the product or service offer include VAT unless otherwise indicated.

Article 10 - Compliance and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of reliability and/or serviceability, and the legal stipulations and/or government regulations that existed on the date the agreement was concluded.

2. A warranty offered by the entrepreneur, manufacturer, or importer does not detract from the legal rights and claims that the consumer can assert against the entrepreneur based on the contract.

3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within a defined period after delivery. Return of the products must be done in the original packaging and in a new condition.

4. The warranty period corresponds to the manufacturer's warranty period. The entrepreneur is not responsible for the final suitability of the products for individual use by the consumer or for any advice regarding the use or application of the products.

Article 11 - Delivery and Execution

1. The entrepreneur will take the utmost care when receiving and implementing orders for products and when assessing applications for the provision of services.

2. The place of delivery is the address that the consumer has made known to the company.

3. Taking into consideration what is stated in paragraph 4 of this Article, the company will execute accepted orders expeditiously, but at least within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be fulfilled or only partially fulfilled, the consumer will be informed of this no later than 30 days after he placed the order.

4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.

5. If delivery of an ordered product proves impossible, the entrepreneur will strive to provide a replacement article. At least before delivery, it will be clearly and comprehensibly communicated to the consumer that a replacement item will be delivered. The right of withdrawal cannot be excluded with replacement articles. The costs of a possible return shipment are borne by the entrepreneur.

6. The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative announced to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Long-term Transactions: Duration, Termination, and Extension

Termination

1. The consumer can terminate an agreement that has been entered into for an indefinite period and which serves to regularly deliver products (including electricity) or services at any time, observing the agreed termination rules and a notice period of at most one month.

2. The consumer can terminate a fixed-term agreement that serves to regularly deliver products (including electricity) or services at any time before the end of that term, observing the agreed termination rules and a notice period of at most one month.

3. The consumer can terminate the agreements mentioned in the previous paragraphs:

   • At any time and not be limited to termination at a specific time or during a specific period;
   • At least in the same way they were entered into by him;
   • Always terminate with the same notice period as the entrepreneur has negotiated for himself.

Extension

1. An agreement that has been entered into for a fixed period and that serves to regularly deliver products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

2. Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed period and which serves to regularly deliver daily, news, and weekly newspapers and magazines may be tacitly extended for a specific period of at most three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month.

3. An agreement that has been entered into for a fixed period and that serves to regularly deliver products or services can only be tacitly extended indefinitely if the consumer can terminate it at any time with a notice period of at most one month and a notice period of at most three months if the agreement serves to regularly, but less than once a month, deliver daily, news, and weekly newspapers and magazines.

4. A limited duration agreement for the trial delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

1. If an agreement has a duration of more than a year, the consumer can terminate the agreement at any time after a year with a notice period of at most one month, unless fairness and reasonableness oppose termination before the end of the agreed duration.

Article 13 - Payment

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

2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

3. In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously announced to the consumer.

Article 14 - Complaints Procedure

1. The entrepreneur has a sufficiently announced complaints procedure and handles the complaint in accordance with this complaints procedure.

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

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

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

5. In case of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with the WebwinkelKeur Foundation and in case of complaints that cannot be resolved in mutual consultation, the consumer should turn to the WebwinkelKeur Foundation (www.webwinkelkeur.nl), which will mediate for free. Check if this webshop has an ongoing membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached after this, the consumer has the option to have his complaint handled by the independent disputes committee appointed by the WebwinkelKeur Foundation, the decision of which is binding, and both entrepreneur and consumer agree with this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

6. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.

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

Article 15 - Disputes

1. 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 lives abroad.

2. The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions

Additional or deviating provisions 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 they can be stored by the consumer in an accessible manner on a durable data carrier.