General 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 Performance
Article 12 – Long-Term Transactions: Duration, Termination, and Renewal
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 definitions apply:

  • Reflection period: the period during which the consumer can exercise the 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;

  • Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

  • Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;

  • Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;

  • Model form: the model withdrawal form provided by the entrepreneur, which the consumer can complete when exercising the right of withdrawal;

  • Entrepreneur: the natural or legal person offering products and/or services remotely to consumers;

  • Distance contract: a contract concluded as part of a system organized by the entrepreneur for the remote sale of products and/or services, in which, up to and including the conclusion of the contract, only one or more techniques for distance communication are used;

  • Technique for distance communication: any means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same location;

  • General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

SimDi Beauty
Krommedijk 51a
3312CD Dordrecht
Phone: 0628506027
Email: info@simdibeauty.nl
Chamber of Commerce number: 78143314
VAT identification number: NL861278446B01

Article 3 – Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.

Before a 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 concluding the distance contract that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions can be made available electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge upon request.

If, in addition to these general terms and conditions, specific product or service terms apply, the provisions of the second and third paragraphs apply correspondingly. In case of conflicting terms, the consumer may invoke the provision that is most favorable to them.

If one or more provisions of these terms are wholly or partially void or annulled, the remaining provisions of the agreement and these terms remain in force. The void or annulled provisions will be replaced in mutual consultation by provisions that closely approximate the original intent.

Situations not covered by these terms should be assessed in the spirit of these terms. Ambiguities in interpretation should also be understood in the spirit of these terms.

Article 4 – The Offer

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

The offer is non-binding. The entrepreneur is entitled to change or adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services, sufficient to allow the consumer to make a proper assessment. Images, if used, provide a true representation of the products or services. Obvious errors do not bind the entrepreneur.

All images and specifications are indicative and do not give rise to claims for damages or dissolution of the agreement. Product images are truthful representations, but the entrepreneur cannot guarantee exact color matches.

Each offer includes information making clear the rights and obligations of the consumer upon accepting the offer, particularly:

  • the price including taxes;

  • any shipping costs;

  • how the contract will be concluded and actions required;

  • applicability of the right of withdrawal;

  • payment, delivery, and performance methods;

  • the validity period of the offer or the period during which the price is guaranteed;

  • the cost of distance communication if charged differently from the regular rate;

  • whether and how the agreement will be archived;

  • how the consumer can check and correct provided data;

  • other languages in which the contract may be concluded;

  • the codes of conduct applicable and how the consumer can consult them;

  • the minimum duration of the agreement in case of a long-term transaction.

Article 5 – The Agreement

The agreement is concluded, subject to Article 4(4), when the consumer accepts the offer and meets the specified conditions.

If the consumer accepts electronically, the entrepreneur confirms receipt electronically. Until confirmed, the consumer can cancel the agreement.

If concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure electronic data transfer and provide a secure web environment.

The entrepreneur may investigate whether the consumer can fulfill their payment obligations. If there are reasonable grounds not to enter into the agreement, the entrepreneur may refuse the order or impose special conditions.

The entrepreneur provides the following information to the consumer along with the product or service:

  • the business address for complaints;

  • the conditions and procedure for exercising the right of withdrawal or notice of exclusion;

  • warranty and after-sales service information;

  • information as per Article 4(3), unless already provided;

  • requirements for terminating agreements longer than one year or of indefinite duration.

For long-term transactions, the above applies only to the first delivery. Agreements are subject to product availability.

Article 6 – Right of Withdrawal

For products:
The consumer may cancel the agreement within 14 days without reason, starting the day after receiving the product. The consumer must handle the product and packaging carefully and return it with all accessories, if possible in original condition and packaging, following the entrepreneur’s instructions.

For services:
The consumer may cancel the agreement within at least 14 days starting from the day the contract is concluded. They must follow reasonable instructions provided by the entrepreneur.

Article 7 – Costs in Case of Withdrawal

The consumer bears the direct return costs. Refunds will be made as soon as possible, no later than 14 days after withdrawal, using the same payment method unless agreed otherwise. The consumer is liable for any product depreciation caused by careless handling.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for certain products and services, if clearly indicated in the offer. This includes: personalized items, perishables, audio/video/software with broken seals, hygiene products with broken seals, certain time-bound services, and lotteries.

Article 9 – Price

Prices are fixed during the validity of the offer, excluding changes due to VAT rates. Variable prices may apply for products affected by market fluctuations, clearly indicated in the offer. Price increases within 3 months after the agreement are only allowed by law; after 3 months, only if agreed and the consumer can terminate the agreement. Prices include VAT. Typographical errors do not obligate the entrepreneur.

Article 10 – Conformity and Warranty

Products and services comply with the agreement, offer specifications, and legal requirements. Any warranty provided by the entrepreneur, manufacturer, or importer does not affect statutory consumer rights. Defects or incorrect deliveries must be reported within 2 months. Warranty does not cover improper use or modifications by the consumer.

Article 11 – Delivery and Performance

The entrepreneur exercises the utmost care in processing orders. Delivery occurs at the consumer’s provided address. Orders are fulfilled within 30 days unless agreed otherwise. Delays entitle the consumer to cancel without cost, but not to compensation. Risk of damage or loss lies with the entrepreneur until delivery to the consumer or authorized representative.

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Termination: Consumers may terminate indefinite or fixed-term agreements for regular deliveries following agreed rules, with a maximum notice of one month.

Renewal: Fixed-term agreements may not be renewed silently except for certain periodicals (max 3 months), which may be terminated by the consumer.

Duration: For agreements longer than one year, the consumer may terminate after one year with one month’s notice unless fairness prevents it.

Article 13 – Payment

Unless agreed otherwise, payments are due within 7 days after the start of the reflection period (Article 6). Consumers must immediately report incorrect payment details. The entrepreneur may charge reasonable costs for late payment.

Article 14 – Complaints Procedure

The entrepreneur has a well-publicized complaints procedure. Complaints must be submitted within 2 months after discovering a defect. Complaints are acknowledged within 14 days, with a timeline for full response. Disputes not resolved directly may be submitted to WebwinkelKeur or the European ODR platform.

Article 15 – Disputes

Dutch law applies exclusively. The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Any additional or deviating provisions must not disadvantage the consumer and must be documented in writing or stored on a durable data carrier accessible to the consumer.