Terms & Conditions
CONTENT:
ARTICLE 1 - DEFINITIONS
ARTICLE 2 - IDENTITY OF THE TRADER/SELLER
ARTICLE 3 - APPLICABILITY
ARTICLE 4 - THE OFFER
ARTICLE 5 - THE CONTRACT
ARTICLE 6 - RIGHT OF WITHDRAWAL
ARTICLE 7 - OBLIGATIONS OF CONSUMERS DURING THE WITHDRAWAL PERIOD
ARTICLE 8 - CONSUMERS EXERCISING THEIR RIGHT OF WITHDRAWAL AND THE RELEVANT COSTS
ARTICLE 9 - OBLIGATIONS OF TRADERS IN THE EVENT OF WITHDRAWAL
ARTICLE 10 - EXCEPTION FROM THE RIGHT OF WITHDRAWAL
ARTICLE 11 - THE PRICE
ARTICLE 12 - EXECUTION OF THE AGREEMENT AND ADDITIONAL WARRANTY
ARTICLE 13 - DELIVERY AND EXECUTION
ARTICLE 14 - EXTENDED DURATION TRANSACTIONS: DURATION, TERMINATION AND EXTENSION
ARTICLE 15 - PAYMENT
ARTICLE 16 - QUESTIONS AND COMPLAINTS
ARTICLE 17 - LIABILITY
ARTICLE 18 - PRIVACY
ARTICLE 19 - INTELLECTUAL PROPERTY
ARTICLE 20 - FORCE MAJEURE
ARTICLE 21 - DEVIATIONS
ARTICLE 22 - APPLICABLE LAW AND JURISDICTION
ARTICLE 1 - DEFINITIONS
The following definitions apply to these general terms and conditions:
Supplementary agreement: an agreement whereby the consumer obtains products, digital content and/or services via a distance contract and the trader or a third party supplies these products, digital content and/or services in accordance with an agreement between that third party and the trader;
Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
Consumer: a natural person whose actions are not carried out for purposes related to the exercise of a profession, occupation or business;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of a system organised for the distance sale of products, digital content and/or services, whereby exclusive or partial use is made of one or more techniques for distance communication up to and including the moment the contract is concluded;
Durable medium: any means - including emails - by which the consumer or trader stores information addressed personally to him in a way accessible for future use or consultation for a period of time consistent with the purposes of the information and which allows for the unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from a distance contract within the withdrawal period;
Trader/Seller: a natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
Long-term contract: a distance contract concerning a series of products and/or services, where the obligation to supply and/or purchase is spread over a period of time;
Model withdrawal form: the European model withdrawal form
Distance communication technology: means that can be used for communication regarding the seller's offer and the conclusion of a contract, without the consumer and seller having to be in the same place at the same time.
Sale & Outlet Products: any product offered by the seller in the online sale and/or outlet;
Privacy Policy: the privacy policy as determined by the seller and stated on the Website;
ARTICLE 2 - IDENTITY OF THE SELLER/TRADER
Style Squad B.V.
Aalsmeerderweg 249- R
1432 CM Aalsmeer
The Netherlands
Chamber of Commerce: 74568280
VAT number: NL859951686B01
Style Squad B.V. can be reached from Monday to Friday between 09:00 and 17:00 (except public holidays)
+31(0)88-3303611
info@mystylesquad.com
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the entrepreneur and that they will be sent to the consumer free of charge as soon as possible, at the consumer's request.
If the distance contract is concluded electronically, the consumer will, contrary to the previous paragraph and before the distance contract is concluded, receive the text of these general terms and conditions electronically, so that the consumer can easily store them on a durable medium. If this is not reasonably possible, the entrepreneur will indicate before concluding the distance contract where the general terms and conditions can be inspected electronically and that they will be sent to the consumer free of charge, either electronically or in another way, at his request.
In cases where specific product or service related conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable condition that is most favourable to him in the event of incompatible general terms and conditions.
ARTICLE 4 - THE OFFER
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the seller uses illustrations, these are a true representation of the products and/or services offered. The trader is not bound by obvious errors or mistakes in the offer.
Each offer contains information that makes it clear to the consumer which rights and obligations are related to the acceptance of the offer.
ARTICLE 5 - THE CONTRACT
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and the conditions set therefor have been met.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically, with the understanding that the entrepreneur can withdraw such order confirmation with regard to offers in the online outlet within 10 days after the consumer has received this order confirmation, in which case (i) no agreement is deemed to have been concluded and (ii) payments are refunded to the consumer in accordance with article 9. The consumer can terminate the agreement as long as this acceptance has not been confirmed by the entrepreneur.
If the contract is concluded electronically, the seller will take appropriate technical and organizational measures to secure the electronic data transfer and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
Trader may obtain information - within legal frameworks - about the consumer's ability to meet his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that investigation gives the seller good reasons not to conclude the contract, he has the right, with reasons, to refuse an order or request or to bind its execution to special conditions.
The trader shall send the consumer the following information in writing at the latest when delivering a product, service or digital content, or in such a way that the consumer can store it on an accessible durable medium:
- the office address of the business location of the entrepreneur where the consumer can file complaints;
- the conditions under which the consumer can exercise the right of withdrawal and the method for doing so, or a clear statement regarding exclusion of the right of withdrawal;
- information about guarantees and existing after-sales service;
- the price, including all taxes on the product, service or digital content; the costs of delivery where applicable, and the method of payment, delivery or execution of the Distance Contract;
- the requirements for terminating the contract, if the duration of the contract is longer than one year or if it is for an indefinite period;
- if the consumer has a right of withdrawal, the model withdrawal form.
- In the case of a contract with an extended duration, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
When delivering products:
When purchasing products, the consumer has the right to dissolve an agreement without giving reasons for a period of at least 14 days. The entrepreneur is allowed to ask the consumer for the reason for this dissolution, but the consumer is not obliged to state his/her reason(s).
The period determined in para. 1 starts on the day after the product has been received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:
if the consumer has ordered multiple products: the day on which the consumer, or a third party designated by the consumer, has received the last product. The trader may refuse a single order for different products with different delivery dates, provided that he has clearly informed the consumer about this prior to the ordering process.
if the delivery of a product includes different deliveries or parts: the day on which the consumer, or a third party designated by the consumer, has received the last delivery or the last part;
with contracts for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by the consumer, has received the last product.
In the case of delivery of services and digital content that is not delivered on a tangible medium:
The consumer has the right to terminate an agreement without giving reasons for the delivery of digital content that is not delivered on a tangible medium for a period of at least fourteen days. The entrepreneur is allowed to ask the consumer for the reason for this termination, but the consumer is not obliged to state his/her reason(s).
The period determined in paragraph 3 starts on the day after the contract is concluded.
Extended withdrawal period for products, services and digital content not supplied on a tangible medium in case a consumer was not informed of the right of withdrawal:
If the trader has not provided the consumer with the legally required information about the right of withdrawal or if the model withdrawal form has not been provided, the withdrawal period ends twelve months after the end of the withdrawal period originally determined on the basis of the previous paragraphs of this article.
If the Trader has provided the information referred to in the previous paragraph within twelve months after the start date of the original withdrawal period, the withdrawal period ends 14 days after the day on which the consumer received the information.
ARTICLE 7 - CONSUMER OBLIGATIONS DURING THE WITHDRAWAL PERIOD
During the withdrawal period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess the nature, characteristics and effectiveness of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for the devaluation of the product that is the result of his handling of the product other than permitted in paragraph. 1.
The consumer is not liable for the depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before the contract was concluded.
ARTICLE 8 - CONSUMERS EXERCISING THEIR RIGHT OF WITHDRAWAL AND THE COSTS INVOLVED
A consumer who wishes to exercise his right of withdrawal shall notify the trader of this within the withdrawal period by means of the Model Form for Right of Withdrawal or in another unambiguous manner.
As soon as possible, but no later than 14 days after the day of notification as referred to in section 1, the consumer shall return the product or hand it over to (a representative of) the trader. This is not necessary if the trader has offered to collect the product himself. In any case, the consumer has observed the time for returning goods if he returns the product before the withdrawal period has expired.
The consumer shall return the product with all relevant accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions of the trader.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer will bear these costs or if the entrepreneur indicates that he is prepared to bear these costs himself, the consumer is not liable for the costs of returning goods.
If the consumer exercises his right of withdrawal, after having first expressly requested that the service provided or the delivery of gas, water or electricity not ready for sale will be carried out in a limited volume or a certain quantity during the withdrawal period, the consumer is Trader a sum of money equal to that part of the contract that the Trader has fulfilled at the time of withdrawal, compared to the full fulfillment of the contract.
The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity that is not ready for sale - in a limited volume or quantity - or for the supply of district heating, if:
The trader has not provided the consumer with the legally required information about the right of withdrawal, the costs to be paid in the event of withdrawal or the model withdrawal form, or:
The consumer has not explicitly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the withdrawal period.
The consumer shall not bear any costs for the full or partial supply of digital content that is not supplied on a tangible medium, if:
prior to the delivery, he has not expressly consented to the commencement of the performance of the contract before the end of the withdrawal period;
he did not acknowledge that he had lost his right of withdrawal when giving his consent; or
the trader has failed to confirm this declaration by the consumer.
If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
ARTICLE 9 - OBLIGATIONS OF TRADERS IN THE EVENT OF WITHDRAWAL
If the Trader enables the consumer to declare his withdrawal electronically, he shall immediately send an acknowledgement of receipt after receiving such a declaration.
The Trader shall immediately reimburse the consumer with all payments, including any delivery costs that the Trader has charged for the returned product, but no later than 14 days after the day on which the consumer reported the withdrawal. Except in cases where the Trader has offered to collect the product himself, he may postpone the refund until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
For each refund, the entrepreneur uses the same payment method that the consumer originally used, unless the consumer agrees to a different method. Refunds are free of charge for the consumer.
If the consumer chose a more expensive method of delivery over the cheapest standard delivery, the seller does not have to reimburse the additional costs of the more expensive method.
ARTICLE 10 - EXCEPTION FROM THE RIGHT OF WITHDRAWAL
The Trader may exclude the Right of Withdrawal for the following products and services, but only if the Trader has clearly stated this when making the offer, or at least in good time before concluding the agreement:
Products or services whose prices are subject to fluctuations in the financial market over which the Trader has no influence and which may occur within the withdrawal period;
Contracts concluded during a public auction. A public auction is defined as a method of sale in which the Trader offers products, digital content and/or services at an auction, under the direction of an auctioneer, and in which the successful buyer is obliged to purchase the products, digital content and/or services;
Service contracts, after full completion of the service, but only if:
performance has begun with the express prior consent of the consumer; and
The consumer declared that he has lost his right or withdrawal once the entrepreneur has fully completed the contract;
the transport of goods, car rental and catering;
Service contracts providing access to accommodation, if the contract already specifies a specific date or period of performance and other than for the purpose of accommodation,
Contracts relating to leisure activities, if the contract already specifies a specific date or period of performance;
Products manufactured to consumer specifications, which are not prefabricated and are made on the basis of the consumer's specific choice or decision, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that are irreparably mixed with other products due to their nature;
Alcoholic beverages, the price of which was agreed upon at the time of conclusion of the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which Trader has no influence;
Sealed audio/video recordings and computer equipment, the seal of which was broken after delivery;
Newspapers, magazines and other literature except for subscription;
The supply of digital content other than on a tangible medium, but only if:
the supply has begun with the consumer's express prior consent, and
The consumer stated that this implied that he had lost his right of withdrawal.
ARTICLE 11 - THE PRICE
In accordance with applicable law, the sale of goods is subject to the payment of VAT and VAT is applied in the country where the delivery of the goods takes place.
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes in VAT rates.
Contrary to the previous paragraph, the seller may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the seller has no influence. The offer must refer to this link with fluctuations and the fact that said prices are target prices.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.
Price increases more than 3 months after the conclusion of the contract are only permitted if the Entrepreneur has stipulated this and:
they are the result of legal regulations or provisions; or
The consumer is entitled to terminate the agreement on the day on which the price increase takes effect.
Prices stated in offers of products or services are inclusive of VAT.
ARTICLE 12 - EXECUTION OF THE AGREEMENT AND ADDITIONAL WARRANTY
The seller guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations that existed on the date on which the contract was concluded. If agreed, the seller also guarantees that the product is suitable for other than normal names.
An additional warranty scheme offered by the seller, manufacturer or importer can never affect the statutory rights and claims that the consumer can assert against the trader under the contract if the trader has not fulfilled his part in the contract.
An additional warranty is defined as any obligation of the trader, his supplier, importer or manufacturer that grants consumer rights or claims that go beyond the statutory provisions in the event that he does not fulfill his part in the contract.
ARTICLE 13 - DELIVERY AND EXECUTION
The trader will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Taking into account the provisions of article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if the delivery cannot be carried out or can only be carried out in part, the consumer will be informed of this at the latest 30 days after the order was placed. In this case, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation.
After termination in accordance with the previous paragraph, the entrepreneur will immediately refund the consumer the amount that he had paid.
The risk of damage and/or loss of products rests with the seller until the moment of delivery to the Consumer or a representative designated in advance by the Consumer and announced to the seller, unless expressly agreed otherwise.
ARTICLE 14 - EXTENDED DURATION TRANSACTIONS: DURATION, TERMINATION AND EXTENSION
Termination:
The consumer has the right at any time to terminate an agreement for an indefinite period concluded for the regular supply of products (including electricity) or services, taking into account the agreed termination rules and a notice period of no more than one month.
The consumer has the right at any time to terminate an agreement for a definite period concluded for the regular supply of products (including electricity) or services at the end of the definite period, taking into account the agreed termination rules and a notice period that does not exceed one month.
With regard to agreements as described in the first two paragraphs, the consumer may:
- terminate them at any time and not be limited to termination at a specific time or during a specific period;
- terminate them in the same manner in which they were concluded;
- always terminate them with the same notice period as that determined for the seller.
Extension:
A fixed-term contract concluded for the regular supply of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers or magazines may be automatically extended for a fixed period not exceeding three months, if the consumer is free to terminate this extended contract at the end of the extension, with a notice period of no more than one month.
A fixed-term contract concluded for the regular supply of products or services may only be automatically extended for an indefinite period if the consumer has the right to terminate the contract at any time, with a notice period of no more than one month and, in the case of a contract to supply daily or weekly newspapers or magazines regularly but less than once a month, a period of no more than three months.
A fixed-term contract for the regular delivery, by way of introduction, of daily or weekly newspapers and magazines (trial subscriptions or introductory subscriptions) is not automatically extended and ends automatically at the end of the trial period or introductory period.
Duration:
If the duration of a contract is longer than one year, the consumer has the right to terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate that premature termination of the contract is unacceptable.
ARTICLE 15 - PAYMENT
Unless otherwise specified in the agreement or additional conditions, amounts owed by the consumer must be paid within 14 days after the start of the withdrawal period, or in the absence of a withdrawal period within 14 days after the conclusion of the agreement. In the case of a contract to provide a service, this period of 14 days begins on the day after the consumer has received confirmation of the contract.
When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. If advance payment has been agreed, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the agreed advance payment has been made.
The consumer is obliged to immediately report any inaccuracies in the payment details provided or stated to the Merchant.
If a consumer does not meet his payment obligation(s) in time, after the consumer has informed the consumer of the late payment, the consumer will be given 14 days to meet the payment obligation; if payment is not made within this period of 14 days, statutory interest is due on the amount due and the entrepreneur has the right to charge reasonable extrajudicial collection costs. These collection costs amount to a maximum of: 15% unpaid amounts up to € 2,500; 10% on the next € 2,500; and 5% on the next € 5,000, with a minimum of € 40. The trader may deviate from these amounts and percentages that are favorable to the consumer.
ARTICLE 16 - QUESTIONS AND COMPLAINTS
For questions / information, the user can contact the service department on telephone number: +31 (0) 88-3303611 or at the e-mail address info@mystylesquad.com.
In the event that the consumer is not satisfied with the product or with other products and/or services of Trader, the consumer has the possibility to file a complaint with the service department on telephone number +31 (0) 88-3303611 or on the e-mail address info@mystylesquad.com. This must be done within fourteen (14) calendar days after the day on which the consumer discovered the reason or reasonably discovered the reason to file the complaint.
The consumer will give the entrepreneur at least 4 weeks to resolve the complaint. After this period has expired, the consumer can submit the dispute to an external department
ARTICLE 17 - LIABILITY
1. To the extent permitted by law, the seller excludes all liability for any damage suffered by the consumer if the product ordered by the consumer is not available and/or delivered on time.
2. Without prejudice to the provisions of article 17.1 and to the extent permitted by law, the liability of the Trader is limited to the maximum amount of the purchase price of the product in question.
ARTICLE 18 - PRIVACY
The personal data provided by the consumer for placing an order are processed in accordance with the privacy policy.
ARTICLE 19 - INTELLECTUAL PROPERTY
The Trader owns all intellectual property rights with regard to the website, the product, images, content, text, (product) descriptions and all forms of information originating from the website www.mystyelsquad.com. These may not be used and/or copied by third parties without permission.
ARTICLE 20 - FORCE MAJEURE
In the event of force majeure, the seller has the right to suspend all its obligations under the Supplementary Agreement. A case of force majeure includes strikes, breakdowns, illness or import/export bans at the seller or at third parties engaged by the seller.
In the event that it is clear that the period of force majeure will last longer than two months, each of the parties has the right to terminate the supplementary agreement without the obligation to pay damages.
ARTICLE 21 - DEVIATIONS
The trader cannot guarantee that the colour, size and/or text of the product as displayed on the website is exactly the same as the product as delivered to the consumer by the trader.
ARTICLE 22 - APPLICABLE LAW AND JURISDICTION
1. These general terms and conditions and the Supplementary Agreement are governed by Dutch law.
2. All disputes arising from the General Terms and Conditions and the Distance Agreement and the Supplementary Agreement will be submitted to the competent court in Amsterdam, the Netherlands.