Legal notice

Definitions

In these terms, the following is understood as:

Supplementary agreement: an agreement whereby the consumer acquires products in connection with a distance agreement and these goods are delivered by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
Cooling-off periodthe period within which the consumer can exercise his right of withdrawal;
Consumerthe natural person who does not act for purposes related to his trade, business, craft, or professional activity;
Dag: kalenderdag;
Digital content: data that is produced and delivered in digital form;
Long-term agreement: a contract that provides for the regular delivery of goods, services, and/or digital content over a specified period;
Sustainable data carrier: elk tool – including email – that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that allows for future consultation or use for a period that is aligned with the purpose for which the information is intended, and that allows for unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
Ondernemer: the natural or legal person who offers products to consumers;
Distance agreement: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, whereby up to and including the conclusion of the agreement, one or more techniques for remote communication are used exclusively or in addition;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms. Annex I does not need to be made available if the consumer does not have a right of withdrawal regarding their order.;
Technology for remote communication: means that can be used to conclude an agreement, without the consumer and entrepreneur needing to be present in the same space at the same time;

Identity of Total Cosmetics

Cosmetique Totale
Location & visiting address:
Utrecht Street 108
2408 GS Alphen aan den Rijn

Phone number Netherlands: 085-9022080 (local rate)
Accessibility: 24 hours a day, 7 days a week
E-mail: skintherapist@cosmetique-totale.nl

Chamber of Commerce number: 56135157
VAT identification number Netherlands: NL851986870B01

Terms and Conditions

General Terms and Conditions Cosmetique Totale B.V. for customers who order products online through the website www.cosmetique-totale.nl

Article 1. General

1.1 These General Terms and Conditions apply to all offers and all agreements related to the sale and delivery of products through the website of Cosmetique Totale.

1.2 The acceptance of offers or placing orders on the website of Cosmetique Totale means that the applicability of these General Terms and Conditions is accepted.

1.3 Cosmetique Totale expressly rejects any general (purchase) conditions of the customer.

1.4 Changes to the concluded Agreement or these General Terms and Conditions are only valid if and from the moment they are confirmed in writing by Cosmetique Totale. Oral agreements or commitments made by Cosmetique Totale are only binding after they have been confirmed in writing by Cosmetique Totale.

1.5 If any provision of the General Terms and Conditions is declared null and void or is annulled, the remaining provisions of the General Terms and Conditions shall remain in full force and effect.

Article 2. Definitions

2.1 Cosmetique Totale: the private limited company Cosmetique Totale Nederland B.V. and/or its subsidiaries and/or successors.

2.2 Klant: the legal entity or natural person who has entered into the Agreement with Cosmetique Totale.

2.3 General Terms and Conditions: these general terms and conditions.

2.4 Overeenkomst: agreement for the delivery of products by Cosmetique Totale to the customer.

2.5 Written: in writing, by email or by fax.

2.6 Products: the products offered by Cosmetique Totale on its website.

2.7 Intellectual Property: all rights of intellectual property and related rights, such as copyrights, trademark rights, patent rights, design rights, trade name rights, database rights, and neighboring rights.

2.8 Website: www.Cosmetique-Totale.nl

2.9 Personal data: personal data as defined in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR)

Article 3. Conclusion of the Agreement

3.1 All offers from Cosmetique Totale, as well as the prices, fees, and terms specified by Cosmetique Totale, are non-binding unless expressly stated otherwise.

3.2 An Agreement is only established after an application or order from or on behalf of the customer has been confirmed in writing by Cosmetique Totale. Unless proven otherwise, the administrative data of Cosmetique Totale is decisive and binding for the content of the Agreement and serves as evidence of the Agreement.

3.3 Cosmetique Totale has the right to refuse an order at any time without giving reasons, which will be communicated to the customer by Cosmetique Totale as soon as possible.

3.4 The customer guarantees that the information provided by him or her in the application to Cosmetique Totale is accurate and complete.

Article 4. Execution of the Agreement

4.1 Cosmetique Totale will make every effort to execute the Agreement carefully and properly, in accordance with the agreements made with the customer in writing.

4.2 Evident (writing) errors and mistakes on the website and/or in the confirmation email do not bind Cosmetique Totale.

4.3 Customer must report changes to address and other personal data to Cosmetique Totale no later than fourteen (14) days before the effective date of the relevant change, using the contact form provided on www.cosmetique-Totale.nl All consequences arising from the untimely notification of (address) changes are entirely the responsibility and risk of the customer.

Article 5. Delivery

5.1 The delivery conditions vary depending on whether the ordered product is delivered by Cosmetique Totale itself (see point 5.2) or by a Cosmetique Totale Partner (see point 5.3 below). Whether a product is delivered by Cosmetique Totale itself or by a Cosmetique Totale partner can be found in the relevant product description or during the ordering process.

5.2 Delivery by Cosmetique Totale:

5.2.1 All delivery times mentioned by Cosmetique Totale are approximate and are based on the information and circumstances known to Cosmetique Totale at the time of entering into the Agreement. Specified delivery times shall never be considered as a fatal deadline.

5.2.2 Exceeding the delivery times specified by Cosmetique Totale, for whatever reason, never gives the customer the right to compensation or non-fulfillment of any obligation resting on him from the relevant Agreement or any related Agreement.

5.2.3 In case of exceeding the maximum legal delivery time of thirty (30) working days, the customer has the right to terminate the Agreement free of charge. The customer must notify Cosmetique Totale in writing for this. Any payments will be refunded to the customer within fourteen (14) working days after the notification.

5.2.4 Cosmetique Totale delivers orders via the website exclusively to addresses in the Netherlands and Belgium.

5.3 Delivery by Cosmetique Totale partners:

5.3.1 The delivery of products delivered by Cosmetique Totale partners occurs separately from the delivery of products directly by Cosmetique Totale. Delivery takes place at the delivery address specified in the order or at a DHL Packstation or a post office in the Netherlands. Delivery to P.O. box addresses is not possible.

5.3.2 Holidays in the Netherlands vary, which can affect the delivery time of your order and may result in a delay of up to two working days after the holiday.

5.3.3 We are entitled to partial deliveries, insofar as this is reasonable for you based on a consideration of your and our interests. In the case of partial deliveries, the additional shipping costs incurred will of course be at our expense. The shipping of partial deliveries is at our risk. Upon receipt of each partial delivery, the risk for the delivered goods transfers to you. If we fail to deliver outstanding partial deliveries or if outstanding partial deliveries are not possible for us, you have the right to terminate the agreement in its entirety or to claim compensation for non-performance of the entire obligation, when the receipt of only the partial delivery must be considered as non-performance.

Article 6. Prices

6.1 All prices and rates are in euros including VAT, the stated shipping costs and any other charges imposed by the government at the time of concluding the Agreement, unless expressly stated otherwise.

6.2 All prices and rates mentioned on the website and mailings of Cosmetique Totale are subject to price changes, programming, and typographical errors.

Article 7. Payment

7.1 Unless otherwise agreed, payment to Cosmetique Totale of the amount due by the customer shall be made by means of an online payment order. Cosmetique Totale may change the payment terms if Cosmetique Totale believes that the financial position or payment behavior of the customer or the nature of the relationship with the customer warrants this.

7.2 Payments can be made via iDeal and gift voucher from Cosmetique Totale. All orders must be paid for by the customer according to the payment method chosen by the customer. If the customer chooses iDeal, the full purchase price is paid in advance by the customer.

7.3 Cosmetique Totale is entitled to suspend the fulfillment of obligations under the Agreement in the event of a attributable non-compliance by the customer with their obligations under the Agreement.

Article 8. Right of Withdrawal

8.1 After the customer has received the ordered products, he can revoke the underlying agreement with Cosmetique Totale within a reflection period of fourteen (14) days after receiving the products, without giving any reasons.

8.2 This term begins on the day the consumer or a third party designated by the consumer, who is not the carrier, physically takes possession of the goods, or:

a) If the consumer has ordered multiple goods in the same order that are delivered separately, the day on which the consumer or a third party designated by the consumer, who is not the carrier, physically takes possession of the last good;

b) if the delivery of a good consists of different shipments or parts, the day on which the consumer or a third party designated by the consumer, who is not the carrier, physically takes possession of the last shipment or the last part;

c) for agreements concerning the regular delivery of goods over a certain period, the day on which the consumer or a third party designated by the consumer, who is not the carrier, takes physical possession of the first good.

8.3 If the customer exercises his right of withdrawal, he must notify this within the reflection period using the model withdrawal form or in another unambiguous manner in writing to Cosmetique Totale.

8.3.1 Model withdrawal form: To: [...]

I/We (*) hereby inform you that I/we (*) revoke/revoke (*) our agreement regarding the sale of the following goods (*)/delivery of the following service (*):........

Ordered on (*)/Received on (*): ........

Name /Names of consumer(s): ........

Consumer(s) address: ........

Date ........

Signature of consumer(s) (only when this form is submitted on paper)

(*) remove what does not fit

8.3.2 To exercise the right of withdrawal, it is sufficient to send the notification of the exercise thereof within the period mentioned in article 8.1.

8.3.3 During the reflection period, the customer will handle the product and packaging with care. The principle here is that the customer may only handle and inspect the product as they would be allowed to do in a Cosmetique Totale store.

8.3.4 The customer is liable for the depreciation of the product that results from a manner of handling the product that goes beyond what is permitted in the previous section.

8.3.5 The customer must return the products as soon as possible, but within 14 days from the day of withdrawal. The customer must return the products to a return address specified by Cosmetique Totale or to one of the Cosmetique Totale locations. Without prejudice to the right of withdrawal, you must return the product as much as possible in its original packaging and damage this packaging as little as possible. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the customer.

8.3.6 The customer bears the costs of returning the products.

Obligations of Cosmetique Totale upon withdrawal

8.4 If Cosmetique Totale allows the customer to notify the cancellation electronically, it will promptly send a confirmation of receipt after receiving this notification.

8.5 Cosmetique Totale reimburses all payments made by the customer, including any delivery costs charged by Cosmetique Totale for the returned product, without delay but within 14 days following the day on which the customer notifies him of the withdrawal. Unless Cosmetique Totale offers to collect the product itself, it may wait to refund until it has received the product or until the customer demonstrates that he has returned the product, whichever is earlier.

8.6 Cosmetique Totale uses the same payment method for refunds that the customer used, unless the customer agrees to a different method. The refund is free of charge for the customer.

8.7 Cosmetique Totale reserves the right to only refund the remaining value of returned products when the products have been damaged at the risk of or due to the fault of the customer, or have otherwise undergone a decrease in value as a result of handling the goods that goes beyond what was necessary to establish the nature, characteristics, and functioning of the goods.

8.8 Cosmetique Totale may exclude the following products from the right of withdrawal: Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.

8.9 When using a coupon discount, a minimum net spending amount applies. In the event of a return, the net spending amount remains applicable. If you return a product or products and fall below the minimum net spending amount, the full coupon discount will be deducted with the return.

Article 9. Advertising and warranties

9.1 The customer is obliged to examine upon delivery whether the products comply with the Agreement. If this is not the case, the customer must notify Cosmetique Totale as soon as possible, but in any case within fourteen (14) working days after delivery, or after it was reasonably possible to ascertain this, in writing and with justification. In the absence of this, any claim in this regard will lapse.

9.2 Product images do not always have to match the appearance of the delivered products. In particular, changes in the appearance and packaging of the products may occur after assortment renewals by the manufacturer. The customer cannot file complaints about identified defects if they concern these non-essential changes in the product.

9.3 If the delivered products are defective, a replacement product or a repair of the defect will be provided at the customer's choice within a reasonable period. In the case of replacement, these General Terms and Conditions shall apply in full to this new delivery. If the chosen remedy is impossible or the costs thereof would be disproportionate for Cosmetique Totale, Cosmetique Totale has the right to refuse this remedy. The costs for the remedy will be borne by Cosmetique Totale. If repair or replacement is not possible or the costs thereof would be disproportionate, the customer has the right to choose a dissolution of the purchase or a reduction of the purchase price. In this case, the use that the consumer has had of the good in the meantime may be taken into account.

9.4 Every claim of the customer regarding delivered products will also expire if:

− the products can no longer be identified as being from Cosmetique Totale;

− the defects are (also) the result of normal wear and tear, improper and/or incorrect treatment, use and/or storage or maintenance of the products;

− Cosmetique Totale has not immediately provided the customer with the opportunity to investigate the advertisements and fulfill its obligations;

− the customer has not fulfilled any obligation resting on him in a timely or proper manner.

9.5 If it is demonstrated that the products do not comply with the Agreement, Cosmetique Totale has the choice to either restore the relevant products upon their return, replace them with new products, or refund the invoice value. These General Terms and Conditions apply in full to this new delivery.

9.6 The costs for returning products with identified defects are the responsibility of Cosmetique Totale.

Article 10. Use of website

10.1 All Intellectual Property Rights, including but not limited to copyrights, trademark rights, and database rights, on the information, texts, images, logos, photos, and illustrations on the website and on the layout and design of the website are held by Cosmetique Totale and/or its licensors. The customer and users of this website acknowledge these rights and guarantee that they will refrain from any infringement thereof, which also includes making copies of the website other than technical copies necessary for the use of the website (loading and displaying).

10.2 The information on the website is compiled and maintained by Cosmetique Totale with continuous care and attention. However, errors cannot always be avoided. No rights can therefore be derived in any way from the information provided on the website. Cosmetique Totale accepts no liability for any damage that arises in any way from the use of the website or from the incompleteness and/or incorrectness of the information provided on the website and/or damage resulting from the (temporary) unavailability of the website.

10.3 The website contains hyperlinks to other websites that are maintained by third parties. Cosmetique Totale has no influence over the information, products, and services listed on these websites and accepts no liability for any damage that may arise in any way from the use of this website.

10.4 Cosmetique Totale accepts no responsibility for photos, descriptions, and other informational materials on the website that have been issued by third parties.

10.5 Cosmetique Totale does not guarantee that emails or other electronic messages sent to it will be received and processed in a timely manner and accepts no liability for the consequences of the late receipt or processing of emails or other electronic messages sent to it

10.6 The version of the relevant communication stored by Cosmetique Totale serves as proof thereof, unless proven otherwise by the customer.

Article 11. Privacy/processing of Personal Data

11.1 Cosmetique Totale processes personal data in accordance with its policy as described in its privacy statement.

Artikel 12. Obligations of the customer

12.1 If the customer requests an account with Cosmetique Totale via the website, Cosmetique Totale will provide the customer with a username and password after verification and approval. This information is strictly confidential and intended solely for use by the respective user who has registered.

12.2 The customer guarantees that the relevant user is authorized to place orders on behalf of the customer.

12.3 The customer ensures that the user will use the username and password strictly confidentially and will not disclose them to third parties. Cosmetique Totale may assume that if a user logs in under the specified username and password, it concerns the authorized user of the customer.

Article 13. Liability

13.1 All changes to the packaging and leaflets must be followed. No liability is accepted for deviating use and/or handling of it.

13.2 Cosmetique Totale is, except in cases of intent and gross negligence, in no way liable for damage arising from the inaccuracy and/or incompleteness and/or unlawfulness of the content of the website, the (incorrect) use of the website by the customer, and the provision of incorrect information by the customer. Furthermore, Cosmetique Totale is, except in cases of intent and gross negligence, in no way liable for damage arising from the products supplied by it and/or any shortcoming in the execution of the Agreement or the violation of any other obligations towards the customer.

13.3 Damage, as referred to in paragraph 1 of this article, which in the opinion of the customer is attributable to the intent or gross negligence of Cosmetique Totale, must be reported in writing to Cosmetique Totale as soon as possible, but in any case within thirty (30) days after its occurrence. Damage that has not been reported to Cosmetique Totale within that period will not be eligible for compensation, unless the customer can demonstrate that he could not reasonably have reported the damage earlier.

Article 14. Involvement of third parties

14.1 Cosmetique Totale is entitled to use the services of third parties in the execution of Agreements, either through subcontracting or by temporarily hiring personnel. These third parties are authorized to act as employees of Cosmetique Totale in the execution of the Agreement.

14.2 The provisions regarding liability, as stipulated in article 13, also apply to these third parties.

Article 15. Force Majeure

15.1 If Cosmetique Totale is prevented from fulfilling any obligation due to a circumstance that is not attributable to it, or if it is severely hindered in doing so, then Cosmetique Totale is entitled to suspend or cancel its obligations under the Agreement, without the customer having any claims against Cosmetique Totale. If the period of force majeure lasts longer than three months, both the customer and Cosmetique Totale are entitled to terminate the Agreement in writing, without being liable for damages to the other party.

With the gift card, you will receive a PDF gift voucher. If you wish to return part of your order, the amount to be refunded will first be credited back via iDeal, Bancontact, or credit card. If there is an amount left that you have as a credit with us, you will receive a PDF gift voucher with this remaining credit. This PDF gift voucher will be sent to the email address you originally provided. Nowadays, the amount of this PDF gift voucher can be redeemed either fully or in parts.

Article 16. Alternative dispute resolution

16.1 The European Commission has created a platform for out-of-court dispute resolution. This provides consumers the opportunity to resolve disputes related to their online orders initially without having to go to court. The dispute resolution platform is accessible via the external link http://ec.europa.eu/consumers/odr/.

16.2 We will attempt to resolve any disputes arising from your online order amicably. However, we are not obliged to participate in such a dispute resolution procedure and we unfortunately cannot guarantee that we will participate in this procedure.

16.3 You can reach us by email at huidtherpeut@cosmetique-totale.nl

Article 17. Applicable law and competent court

17.1 law applies to all Agreements concluded under these General Terms and Conditions.

17.2 All disputes arising between Cosmetique Totale on one side and the customer on the other side from the Agreement and/or the interpretation or execution thereof, may be submitted by Cosmetique Totale to a competent court.

17.3 These Terms and Conditions are registered with the Chamber of Commerce under number 56135157. Annex I – Model withdrawal form

Model withdrawal form

(only fill out and return this form if you wish to revoke the agreement)

Aan:	Cosmetique Totale B.V.
	For the correct return address, please check the return information as it is listed in your account on our website.
	E-mail: skintherapist@cosmetique-totale.nl