Terms and Conditions

TERMS and Conditions

Table of contents:
Article 1 – Definitions
Article 2 – Identity of the seller
Article 3 – Applicability
Article 4 – The offer
Article 5 – The Agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of revocation
Article 8 – Exclusion of right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11- Right of return
Article 12 – Delivery and execution
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes

Article 1 – Definitions
In these terms and conditions:
* Reflection period: the period within which the consumer can exercise his right of withdrawal;
* Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
* Day: calendar day;
* Duration transaction: a distance contract relating to a series of products and / or services, the supply and / or purchase obligation is spread over time;
* Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
* Right of withdrawal: the possibility for the consumer within the cooling-off period to waive the distance contract;
* Model withdrawal form: the model withdrawal form made available by the trader which a consumer can fill in if he wishes to exercise his right of withdrawal.
* Seller: the natural or legal person who offers products to consumers at a distance;
* Distance contract: an agreement whereby, within the framework of a system organised by the seller for the distance sale of products, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
* means of distance communication: a means that can be used for the conclusion of a contract, without the consumer and the seller coming together in the same place at the same time.
* General Terms and Conditions: these General Terms and Conditions of the Seller.

Article 2 – Identity of the seller
TattoosForDays by GetGlitterBaby
Pretoriusstraat 21-1
1092EX Amsterdam
The Netherlands
KVK number: 56687885
BTW number: NL001169830B80
Website: www.tattoosfordays.com

Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders placed between entrepreneur and consumer.
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, it will be indicated that the general terms and conditions can be viewed at the operator and they will be sent to the consumer free of charge as soon 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 text of these terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favourable to him.
5. If one or more provisions of these terms and conditions are at any time wholly or partially void or nullified, the agreement and these terms and conditions otherwise remain in force and the provision in question in mutual consultation will immediately be replaced by a provision that approximates the purport of the original as closely as possible.

Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The seller is entitled to change and amend the offer.
3. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the seller uses illustrations, these are a true representation of the products on offer (colours can always deviate). Obvious mistakes or obvious errors in the offer are not binding on the seller.
4. All images and specification data in the offer are only an indication and cannot be a reason for compensation or dissolution of the agreement.
5. Images of products are a true representation of the products offered. The Vendor cannot guarantee that the colours shown correspond exactly with the real colours of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
-the price including taxes;
-the costs of shipping, if any;
-the way in which the agreement will be concluded and what actions are necessary for this;
-whether or not the right of withdrawal applies;
-the method of payment, delivery and performance of the contract;
-the period for acceptance of the offer, or the period within which the seller guarantees the price;
-the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
-whether the contract will be archived after its conclusion, and if so, how this can be consulted by the consumer;
-the way in which the consumer, before concluding the contract, can check the information provided by him in the context of the contract and, if desired, repair it;
-any other languages in which, in addition to Dutch, the agreement can be concluded;
-the codes of conduct to which the seller is subject and the way in which the consumer can consult these codes of conduct electronically.

Article 5 – The Agreement
1. The agreement shall, subject to the provisions of paragraph 4, be concluded when the consumer accepts the offer and meets the conditions set.
2. If the consumer has accepted the offer electronically, the seller shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the seller, the consumer may dissolve the contract.
3. If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the seller will take appropriate security measures.
4. The seller may – within the limits of the law – inquire 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 contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
5. The seller will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the seller’s office to which the consumer can turn with 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 the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the data included in article 4 paragraph 3 of these terms and conditions, unless the seller has already provided the consumer with these data prior to the execution of the agreement;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal
1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for a period of 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated by the consumer and made known to the seller.
2. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the seller, in accordance with the reasonable and clear instructions provided by the seller.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the seller within 14 days of receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to exercise his right of withdrawal, the customer must return the product within 3 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of dispatch.
4. If, after the expiry of the periods specified in paragraphs 2 and 3, the customer has not made it known that he wishes to exercise his right of withdrawal or has not returned the product to the Entrepreneur, the purchase is a fact.

Article 7 – Costs in case of revocation

1. If the consumer exercises his right of withdrawal, he shall bear at most the costs of returning the goods.
2. If the consumer has paid an amount, the seller will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be provided.

Article 8 – Exclusion of right of withdrawal
1. The seller may exclude the consumer’s right of withdrawal for products as defined in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the seller has clearly stated this in the offer, at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the seller in accordance with the consumer’s specifications;
b. that are clearly of a personal nature;
c. which cannot be returned due to their nature;
d. that can spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygienic products of which the consumer has broken the seal.

Article 9 – The Price
1. During the period of validity stated in the offer, the prices of the offered products will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the Seller may offer products whose prices are subject to fluctuations in the financial market and on which the Entrepreneur has no influence, at variable prices. This obligation to fluctuate and the fact that any prices quoted are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the seller has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the contract as of the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services are inclusive of VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typesetting errors, the seller is not obliged to deliver the product at the wrong price.

Article 10 – Conformity and warranty
1. The seller guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement.
2. A guarantee provided by the seller, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the seller on the basis of the agreement.
3. Any defects or incorrectly delivered products must be reported to the seller by telephone or e-mail within 2 working days after delivery. Products must be returned in their original packaging and in new condition.
4. The seller’s warranty period corresponds to the manufacturer’s warranty period. However, the seller is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
– The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
– The products supplied have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the Seller’s instructions and/or have been treated on the packaging;
– The defects are wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or the quality of the materials used.

Article 11- Complaints Procedure
1. The buyer has the right to return the delivered product within a period of 14 days after receipt of the product, without giving any reason, in the manner indicated by the seller, provided that the product is unworn (clothing fitting is permitted), undamaged and, as far as possible, in its original packaging. For all return procedures it is important to first report the returned item to GetGlitterBaby and include the (copy) invoice with the return form in the package that will be returned. Buyer cannot exchange the product for another product. The buyer will have to place a new order through the webshop.
2. In the case mentioned in the previous paragraph, the seller will refund the purchase amount as soon as possible, but no later than 14 days after GetGlitterBaby has received the returned product. If not all products that are part of the agreement are returned, the seller has the right to deduct the original shipping costs from the refundable purchase amount, because for the products that are not part of the agreement, the seller has the right to deduct the original shipping costs from the refundable purchase amount.
returned products would owe the same amount in shipping costs.

Article 12 – Delivery and execution
1. The vendor shall exercise the greatest possible care in receiving and executing orders for products and in 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. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be carried out, the consumer will receive notification of this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the contract free of charge. The consumer has no right to compensation.
4. All delivery periods are indicative. The consumer may not derive any rights from any of these periods. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the seller will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
6. If delivery of an ordered product turns out to be impossible, the seller will make every effort to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the seller.
7. The risk of damage and/or loss of products rests with the seller until the moment of delivery to the consumer or a representative appointed in advance and made known to the seller, unless explicitly agreed otherwise.

Article 13 – Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid immediately. The consumer is obliged to report any inaccuracies in the payment details provided or stated to the seller without delay.
2. In the event of non-payment by the consumer, the seller has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.

Article 14 – Complaints procedure
1. The seller shall have a sufficiently publicised complaints procedure and shall deal with the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted to the seller within 7 days after the consumer has discovered the defects.
3. Complaints submitted to the seller will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the seller will respond within the 14-day period with an acknowledgement of receipt and an indication when the consumer can expect a more detailed answer.
4. A complaint does not suspend the seller’s obligations, unless the seller indicates otherwise in writing.
5. If a complaint is found to be well-founded by the seller, the seller will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes
1. Agreements between the seller and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer resides abroad.