General Terms and Conditions
The General Terms and Conditions of Blue Leaf B.V. apply to any user that visits this website and / or orders products and / or services from Blue Leaf B.V.. These terms are solely subject to Dutch law (i.e. Dutch law applies). In order to facilitate that the user of this website understands the contents of the Dutch terms, Blue Leaf B.V. offers the direct English translation below (Dutch to English). For verification purposes, the original content of these terms are offered on our Dutch website. Blue Leaf B.V. guarantees that the content of these terms is not different in Dutch. The user of our website and / or products and / or services therefore - when agreeing with the Terms and Conditions - also declares to understand the English language in which the Terms and Conditions are offered.
Article 1 - Definitions
In these terms and conditions, the following definitions shall apply:
1. Respite : The period within the consumer can exercise his right of withdrawal;
2. Consumer : The natural person (not acting in the name of professional or business) that makes an agreement (contract) with the entrepreneur;
3. Day : date of calendar;
4. Length of Transaction : a distance contract that concerns a range of products and/or services, where the supply and / or purchase is spread over time;
5. Durable medium : any means that the consumer or business that enables information addressed personally to him/her to store in such a way that facilitates future consultation and unaltered reproduction of the stored information
6. Right of withdrawal : the ability for the consumer to waive the distance contract within the withdrawal period;
7. Entrepreneur : the natural or legal person that offers remote products and / or services to the consumer;
8. Business to Business (B2B) transaction : The situation where the entrepreneur offers products and / or services to a person acting on behalf of a profession or company (i.e. a company or a natural person acting on behalf of a company).
9. Remote Agreement : an agreement which – within the sphere of the Entrepreneur’s organized system that facilitates distance sales of products and / or services up to the conclusion of an agreement - exclusively uses one or more techniques to communicate from a distance;
10. Technology for distance communication : means that can be used to conclude a contract, without the consumer and trader being in the same room.
Article 2 - Identity of the operator
Blue Leaf B.V.
Oldengaarde 44, 9331 LX Norg
Phone: +31 (0)50 211 3804
E-mail address: [email protected]
Chamber of Commerce number: 80506488
VAT identification number: NL861695811B01
Article 3 - Applicability
1. These general Terms & Conditions apply to every offer of the entrepreneur and any agreement concluded at a distance between entrepreneur and consumers. These general terms and conditions do not apply to any B2B transaction.
2. Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the entrepreneur shall indicate to the consumer that the conditions can be viewed and – on request of the consumer – can be sent to him / her free of charge.
3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions are to be offered in such a way to the consumer in such a way that it can be viewed and stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated electronically where the general conditions can be accessed and viewed and – on request of the consumer – can be sent to him / her free of charge.
4. In case of conflicting terms where, besides these terms and conditions, product or service specific conditions apply, the second and third point (i.e. Article 3; 2 – 3) of this document shall apply and the consumer can opt for his/her most beneficial paragraph in case of conflicting terms.
Article 4 - The offer
1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses images, they ought to be a true representation of the products and / or services on offer. Obvious mistakes or errors in the offer will not bind the entrepreneur to provide this offer.
3. Each offer contains such information that is clear to the consumer what rights and obligations are attached to accepting this offer.
Article 5 – The Jagua product offer
1. All the used material and its suggested functioning (e.g. pictures presented on the website) of the entrepreneur is genuine and are the direct result of staining by Jagua products. Jagua products are carefully produced, tested and conserved for an optimal colouration result. It is the responsibility of the consumer to comply with the colouration and storage factors provided below after purchasing Jagua products.
Colouration factors – intensity and durability
2. The final colouring result depends on the dermatological reaction of the consumer and is therefore beyond the reach of control of the entrepreneur. Added thereto, the duration and the intensity of the stain also depends on the individual and the place where Jagua is applied to the skin. JaguaHenna therefore recommends to use a royal layer of gel on the skin for an optimal result. Applying Jagua to skin which frequently renews itself will significantly reduce the durability of the temporary tattoo, measured in number of days. The entrepreneur refers to the instructions provided on this website and / or on the product packaging to ensure the best result. The consumer will use Jagua at his / her own risk, JaguaHenna cannot be held responsible if the products will stain the skin in an unwanted fashion.
Storage factors – freezing and cooling
3. Always store Jagua in the freezer (<20°C). Jagua products will use their colouring properties when not stored according these instructions. When used within 7 days and not kept frozen, we recommend to store Jagua in the refrigerator (<7°C ). However, to extend product life we always recommend to freeze Jagua at <20°C. The entrepreneur will guarantee that Jagua will maintain her staining capacity for 6 months on the condition that Jagua will be stored in a frozen state.
When aforementioned conditions in these conditions are inadequately adhered to, JaguaHenna shall reject all claims that apply to staining of the skin.
Article 6 - The contract
1. The agreement is, under the conditions provided in paragraph 4, concluded at the time that the consumer accepts the offer and meet the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm electronic receipt of acceptance of the offer. The consumer may rescind the contract until receipt of this acceptance has not been confirmed by the entrepreneur.
3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
4. The entrepreneur can - within the law – can investigate where the consumer can satisfy its payment obligations, moreover of all those facts and factors that are relevant for a sound conclusion of the distance contract. If the investigation justifies that the entrepreneur will not conclude the contract, the entrepreneur is entitled to refuse any order, enquiry or any legal with the consumer.
5. entrepreneur will – when offering the product or service - enclose the consumer with the following information, in writing or in such a way that it can be stored on a durable medium, in an accessible manner:
a. the visiting address of the establishment of the business where the consumer can lodge complaints;
b. the conditions under which, and the manner in which, the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of this right of withdrawal;
c. information about guarantees and existing after sales services;
d. the conditions of Article 4 paragraph 3 of these conditions, unless the trader has offered this information to the consumer before the execution of the agreement;
e. the requirements for terminating the contract if the contract is indefinite or has a duration of more than one year.
Article 7 – Right of Withdrawal
This article solely applies to consumers. Natural persons acting on behalf of a company (i.e. B2B) are excluded from the right of withdrawal.
When delivering products:
1. When purchasing products, the consumer can cancel the contract without giving any reason within 14 days. This period commences on the date of receipt of the product by the consumer, or a person designated by the consumer and announced to the entrepreneur representative.
2. When the consumer decides to cancel the contract, s / he is obliged to return the products within the mentioned timeframe to the entrepreneur.
3. The consumer will handle the product and packaging with care during this withdrawal period. He will only unpack the product to the extent extent necessary to assess whether s/he wishes to keep the product. If s/he exercises the right of withdrawal, s/he shall return the product with all accessories and – if reasonably possible - return in its original condition and packaging to the entrepreneur, in accordance with reasonable and clear instructions provided by the entrepreneur.
Article 8 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, the cost of returning the goods will be the responsibility of the consumer.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation of the order.
Article 9 - Exclusion of right of withdrawal
1. The entrepreneur may exclude the right of withdrawal from the consumer to the extent provided in paragraph 2 and 3 and conditions provided in Article 5. Exclusion of the right of withdrawal applies only if the trader has stated the conditions before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. by the trader in accordance with specifications of the consumer;
b. which can quickly deteriorate or expire (particularly applicable for Jagua products).
Article 10 - The price
1. Prices will not be increased during the period mentioned in the product and / or services price offering, except for price changes due to changes in VAT rates and currency fluctuations.
2. Notwithstanding the preceding paragraph, the trader may offer products or services at variable prices if these products/services’ prices are subject to fluctuations in the financial market over which the trader has no influence. These fluctuations and the fact that any price targets, are stated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
4. Price increases from 3 months after the contract was concluded are only permitted if the trader stipulated as much and:
a. if they are the result of statutory regulations or stipulations; or
b. the consumer has the power to terminate as of the date the price increase takes effect.
5. The presented products or services prices presented include VAT.
Article 11 - Compliance and Warranty
1. The trader guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and statutory provisions and / or government regulations existing at the date of conclusion of the agreement. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that consumers can exercise under the contract against the entrepreneur.
Article 12 - Delivery and execution
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery address to the consumer is the address that the consumer has made known to the company.
3. Subject to what is stated in Article 4 of these terms and conditions, the company accepted orders expeditiously but not later than 30 days unless a longer period has been agreed. If the delivery is delayed, or if an order cannot be carried or only partially, the consumer receives a notification no later than 30 days after placing the order. The consumer in this case the right to terminate the contract without penalty.
4. In case of dissolution in accordance with the preceding paragraph, the trader will refund the consumer as soon as possible, no later than 30 days after repudiation.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to provide an available replacing item. The consumer will be notified in a clear an comprehensible manner before delivery that a replacing item is delivered. Right of withdrawal cannot be excluded for replacing items. The cost of potential return shipment are borne by the entrepreneur.
6. The risk of damage and / or loss of products rests upon the entrepreneur up to the moment of delivery to the consumer or a pre-designated announced representative to the entrepreneur, unless otherwise expressly agreed.
Article 13 – Transaction duration: duration, termination and extention
1. In case of a contract for an indefinite period and which includes the regular delivery of products (including electricity) or services, the consumer may terminate the contract at any time in compliance with the applicable termination rules and with one month notice.
2. In case of a contract for an definite period and which includes the regular delivery of products (including electricity) or services, the consumer may terminate the contract at any time in compliance with the applicable termination rules and with one month notice.
3. For preceding paragraphs, consumer can do the following for contracts:
- Cancel at any time and not be limited to termination at any particular time or in a given period;
- Terminate them in the same way as they are concluded;
- Cancel at the same notice as the company has negotiated for itself.
4. A contract is concluded for a definite period, which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a specified period.
5. Notwithstanding with the preceding paragraph, an agreement which is concluded for a definite period, which extends to the regular delivery of daily news and weekly newspapers and magazines may be extended for a specific period of three months, if the consumer made can terminate this extension with notice of one month.
6. A contract which is concluded for a definite period, which extends to the regular delivery of products or services, may only be tacitly extended if the consumer may terminate with notice of one month notice at any time for an indefinite period and with a maximum of three months in case the agreement extends to the regular, but less than once a month, delivering daily news and weekly newspapers and magazines.
7. Agreements with a limited duration to the regular delivery of daily news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
8. If a contract has a duration of more than one year, the consumer may cancel the contract after a year at any time with a notice period of one month, unless the termination before the end of the agreed term resists reasonableness and fairness.
Article 14 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer have to be paid within 14 days after the start of the withdrawal period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this term commences after the consumer received confirmation of the agreement.
2. When selling products to consumers the entrepreneur can never stipulate a prepayment of more than 50%. If pre-payment is agreed, the consumer may not assert any rights regarding the execution of the order or service (s) before the advance payment has been made.
3. The consumer has the duty to report inaccuracies in supplied or mentioned payment date immediately to the entrepreneur.
4. In case of default by the consumer, the entrepreneur has the right to charge the consumer with reasonable costs made to accept the contract, albeit in line with legal restrictions.
Article 15 - Complaints
1. The entrepreneur has a publicized complaints procedure and complies with this procedure accordingly.
2. Complaints about the implementation of the agreement must promptly, fully and thoroughly substantiated by submitted to the entrepreneur, immediately after the consumer has identified the defects.
3. The complaints submitted to the entrepreneur will be answered within 14 days reckoned from the date of receipt. If a complaint requires a is a foreseeable longer processing time, the entrepreneur will acknowledge receipt and indicate when the consumer can expect a more detailed answer within the 14 day timeframe.
4. If the complaint cannot be resolved by mutual agreement, a dispute has arisen that is subject to article 16.
Article 16 – Disputes and applicable law
1. Agreements between the entrepreneur and the consumer of these terms are solely subject to Dutch law (i.e. Dutch law applies).
2. All disputes to which these General Terms & Conditions apply will only be submitted to the authorized court after the entrepreneur and the consumer did their foremost to settle their dispute in mutual consultation.
3. The parties will have the possibility to submit the dispute to an independent arbitration institute or mediator.
Article 17 - Additional or deviant terms
Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded in writing or presented in such a way that consumer can store them on a durable medium in an accessible manner.