General Terms and Conditions

Contents:

Article   1 – Definitions
Article   2 – Identity of the Economic Operator
Article   3 – Applicability
Article   4 – The offer
Article   5 – The agreement
Article   6 – Right of Withdrawal
Article   7 – Costs in the case of withdrawal
Article   8 – Exclusion of the Right of Withdrawal
Article   9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and execution
Article 12 – Continuing Performance Agreements: duration, termination, and renewal
Article 13 – Payment
Article 14 – Complaints handling scheme and procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions

Article 1 – Definitions

In these General Terms and Conditions, the following terms are defined as stated below:

 

  1. Cooling-off Period: the period within which the Consumer can make use of his/her Right of Withdrawal;
  2. Consumer: a natural person, not acting in the exercise of a profession or business, who enters into a Distance Agreement with the Economic Operator;
  3. Day: a calendar day;
  4. Continuing Performance Agreement: a Distance Agreement relating to a series of products and/or services for which the delivery and/or purchase obligation is spread over time;
  5. Durable Data Carrier: any device that enables the Consumer or Economic Operator to store information that is addressed to him/her personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
  6. Right of Withdrawal: the option available to the Consumer to withdraw from the Distance Agreement within the Cooling-off Period;
  7. Model Form: the Model Form for withdrawal which the Economic Operator makes available and which a Consumer can fill in when he/she wants to make use of his/her Right of Withdrawal
  8. Economic Operator: a natural person or legal entity that offers products and/or services to Consumers at a distance;
  9. Distance Agreement: an agreement whereby, within the scope of the system organized by the Economic Operator for distance selling of products and/or services, exclusive use is made of one or more Means of Distance Communication until the conclusion of the agreement;
  10. Means of Distance Communication: means that can be used for the conclusion of an agreement, without the Consumer and Economic Operator being together in the same room at the same time
  11. General Terms and Conditions: these General Terms and Conditions of the Economic Operator.

 

Article 2 – Identity of the Economic Operator

HappySoaps is a trade name/trademark & part of ShaversClub B.V.

Hallseweg 21, 6964AJ, Hall, Nederland

E-mailadres: info@thehappysoaps.com

KvK-nummer: 68101090

Btw-identificatienummer: NL857302024B01

 

 

Article 3 – Applicability

  1. These General Terms and Conditions apply to every offer of the Economic Operator and to every Distance Agreement and order concluded between the Economic Operator and the Consumer
  2. The text of these General Terms and Conditions will be made available to the Consumer prior to the conclusion of the Distance Agreement. If this is not reasonably possible, prior to the conclusion of the Distance Agreement, the Consumer will be informed that these General Terms and Conditions can be inspected at the offices of the Economic Operator and that they will be sent to the Consumer free of charge as soon as possible.
  3. If the Distance Agreement is concluded electronically, notwithstanding the previous paragraph and before the Distance Agreement is concluded, the text of these General Terms and Conditions will be made available to the Consumer electronically in such a way that the text can easily be stored by the Consumer on a Durable Data Carrier. If this is not reasonably possible, before the Distance Agreement is concluded, the Economic Operator will inform the Consumer where the General Terms and Conditions can be accessed electronically and that, at the request of the Consumer, they can be sent electronically or otherwise free of charge.
  4. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs apply by analogy and, in the event of contradictory General Terms and Conditions, the Consumer can always invoke the applicable provision that is most favourable to him/her.
  5. If one or more provisions in these General Terms and Conditions are null and void or annulled in part or in full at any time, the agreement and these General Terms and Conditions will otherwise remain in force and the provision in question will be immediately replaced in mutual consultation by a provision that approaches the meaning of the original provision as closely as possible.
  6. Situations not covered by these General Terms and Conditions must be assessed 'in the spirit' of these General Terms and Conditions.
  7. Any ambiguity regarding the interpretation or content of one or more provisions of these General Terms and Conditions must be interpreted 'in the spirit' of these General Terms and Conditions.

 

Article 4 – The offer

  1. If an offer has a limited period of validity or is subject to certain conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. The Economic Operator is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the Consumer. If the Economic Operator uses images, these are a fair reflection of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the Economic Operator.
  4. All images, specifications and data in the offer are indicative and cannot be a reason for compensation or termination of the agreement.
  5. Images are a fair reflection of the products offered. The Economic Operator cannot guarantee that the colours displayed will exactly match the real colours of the products.
  6. Each offer contains sufficient information for the Consumer to understand his/her rights and obligations arising from acceptance of the offer. This concerns in particular:
  • the price including taxes
  • any costs of shipment
  • the way in which the agreement will be concluded and what actions are required for this
  • whether the Right of Withdrawal applies
  • the method of payment, delivery, and execution of the agreement
  • the period for accepting the offer or the period within which the Economic Operator guarantees the price
  • the price of distance communication if the costs of using the Means of Distance Communication are calculated on a basis other than the regular basic rate for the means of communication used
  • whether the agreement is archived after its conclusion and, if so, how it can be consulted by the Consumer
  • the way in which the Consumer, before concluding the agreement, can check the data provided by him/her in the context of the agreement and, if desired, correct them
  • any other languages besides Dutch in which the agreement may be concluded
  • the codes of conduct to which the Economic Operator is subject and how the Consumer can consult these codes of conduct electronically; and
  • the minimum duration of the Distance Agreement in the case of a Continuing Performance Agreement.

 

 

 

 

 

Article 5 – The agreement

  1. The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance of the offer by the Consumer and the fulfilment of the associated conditions.
  2. If the Consumer has accepted the offer electronically, the Economic Operator will immediately confirm receipt of the acceptance of the offer electronically. During the period that receipt of this acceptance has not been confirmed by the Economic Operator, the Consumer can terminate the agreement.
  3. If the agreement is concluded electronically, the Economic Operator will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the Consumer can pay electronically, the Economic Operator will take appropriate security measures to that effect.
  4. The Economic Operator can - within the legal framework - enquire about the ability of the Consumer to meet his/her payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the Distance Agreement. If the Economic Operator, based on this enquiry, has good reasons not to enter into the agreement, it is entitled to refuse an order or request, giving reasons, or to attach special conditions to the execution thereof.
  5. The Economic Operator will send the Consumer the following information, in writing or in such a way that it can be stored by the Consumer in an accessible manner on a durable medium:
  6. the visiting address of the establishment of the Economic Operator where the Consumer can take his/her complaints;
  7. the conditions under which and the manner in which the Consumer can make use of his/her Right of Withdrawal, or a clear statement regarding the exclusion of the Right of Withdrawal;
  8. the information about guarantees and service available after purchase;
  9. the information that is included in Article 4(3) of these General Terms and Conditions, unless the Economic Operator has already provided this information to the Consumer before the execution of the agreement;
  10. the requirements for cancelling the agreement if the agreement has a duration of more than one year or is for an indefinite period
  11. In the case of a Continuing Performance Agreement, the provision in the previous paragraph only applies to the first delivery
  12. Each agreement is entered into under the suspensive condition that the relevant products are readily available

 

Article 6 – Right of Withdrawal

The delivery of products:

  1. When purchasing products, the Consumer has the option to terminate the agreement without giving any reason within fourteen days. This Cooling-off Period starts on the day following receipt of the product by the Consumer or a representative of the Consumer previously designated and announced to the Economic Operator.
  2. During the Cooling-off Period, the Consumer will handle the product and packaging carefully. He/she will only unpack or use the product to the extent necessary to be able to assess whether he/she wishes to keep the product. If the Consumer makes use of his/her right or withdrawal, he/she will return the product to the Economic Operator with all accessories and - if reasonably possible - in the original condition and packaging, in accordance with reasonable and clear instructions provided by the Economic Operator.
  3. If the Consumer wishes to make use of his/her Right of Withdrawal, he/she is obliged to inform the Economic Operator of this within fourteen days of receipt of the product. The Consumer must make this known via e-mail (info@thehappysoaps.com). After the Consumer has made it known that he/she wishes to make use of his/her Right of Withdrawal, the Consumer must return the product within fourteen days. The Consumer must prove that the delivered goods were returned on time, for example by means of a proof of shipment.
  4. If, after the end of the periods mentioned in paragraphs 2 and 3 of this article, the Consumer has not made it known that he/she wishes to make use of his/her Right of Withdrawal or has not returned the product to the Economic Operator, the purchase is a fact.

Provision of services:

  1. When providing services, the Consumer has the option to terminate the agreement without giving any reason within at least fourteen days from the day on which the agreement was concluded.
  2. In order to make use of his/her Right of Withdrawal, the Consumer will comply with reasonable and clear instructions provided by the Economic Operator at the time of the offer and/or at the latest at the time of delivery.

 

Article 7 – Costs in the case of withdrawal

  1. If the Consumer makes use of his/her Right of Withdrawal, he/she will only be liable for the costs of returning the product.
  2. If the Consumer has paid an amount, the Economic Operator will refund this amount as soon as possible but no later than fourteen days after the withdrawal. This is subject to the condition that the returned product has already been received by the web shop or conclusive proof of full return can be provided. Repayment will be made via the same payment method used by the Consumer, unless the Consumer explicitly authorizes another payment method.
  3. In the event of damage to the product due to careless handling by the Consumer, the Consumer is liable for any loss in value of the product.
  4. The Consumer cannot be held liable for the loss in value of the product if the Economic Operator does not provide all legally required information about the Right of Withdrawal; this must be provided before the conclusion of the purchase agreement.

 

 

Article 8 – Exclusion of the Right of Withdrawal

  1. The Economic Operator may exclude the Right of Withdrawal of the Consumer for products as described in paragraphs 2 and 3. The exclusion of the Right of Withdrawal only applies if the Economic Operator has clearly stated this in the offer or in good time before the conclusion of the agreement.
  2. Exclusion of the Right of Withdrawal is only possible with regard to products:
  3. that have been created by the Economic Operator in accordance with the specifications of the Consumer;
  4. that are clearly personal in nature;
  5. that cannot be returned due to their nature;
  6. that can spoil or age quickly;
  7. that have a price which is subject to financial market fluctuations over which the Economic Operator has no influence;
  8. that concern individual newspapers and magazines;
  9. that concern audio and video recordings and computer software, where the Consumer has broken the seal.
  10. that concern hygienic products, where the Consumer has broken the seal.
  11. Exclusion of the Right of Withdrawal is only possible with regard to products:
  12. that concern accommodation, transport, catering or leisure activities to be performed on a certain date or during a certain period;
  13. where the delivery has started with the explicit consent of the Consumer before the Cooling-off Period has expired;
  14. that concern betting and lotteries.

 

 

Article 9 – The price

  1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. By way of derogation from the previous paragraph, the Economic Operator can offer variable prices for products or services whose prices are subject to financial market fluctuations over which the Economic Operator has no influence. The offer will be accompanied by a statement regarding these fluctuations and the fact that any prices mentioned are recommended prices.
  3. Price increases within three months of the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases more than three months after the conclusion of the agreement are only allowed if this has been stipulated by the Economic Operator and:
  5. these are the result of statutory regulations or provisions; or
  6. the Consumer is entitled to terminate the agreement with effect from the day on which the price increase takes effect.
  7. The prices mentioned in the offer of products or services include VAT.
  8. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. The Economic Operator is not obliged to deliver the product at an incorrect price if such price is the result of printing and typesetting errors.

 

Article 10 – Conformity and guarantee

  1. The Economic Operator guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations. If agreed, the Economic Operator also guarantees that the product is suitable for use other than normal use.
  2. A guarantee provided by the Economic Operator, manufacturer, or importer will not affect the legal rights and claims which the Consumer can assert against the Economic Operator under the agreement.
  3. Any defects or incorrectly delivered products must be reported to the Economic Operator in writing within four weeks of delivery. The products must be returned in the original packaging and in new condition.
  4. The guarantee period of the Economic Operator corresponds to the guarantee period of the manufacturer. The Economic Operator 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 guarantee does not apply if:
  • The Consumer has repaired and/or modified the delivered products or has had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the Economic Operator and/or the instructions on the packaging;
  • The defectiveness is wholly or partially the result of regulations which the government has laid down or will lay down with regard to the nature or quality of the materials used.

 

Article 11 – Delivery and execution

  1. The Economic Operator will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the Consumer has made known to the Economic Operator.
  3. With due observance of what is stated in paragraph 4 of this article, the Economic Operator will promptly execute accepted orders no later than 30 days after acceptance, unless the Consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be executed or only partially executed, the Consumer will receive notification of this no later than 30 days after he/she has placed the order. In that case, the Consumer is entitled to terminate the agreement at no cost. The Consumer is not entitled to compensation.
  4. All delivery periods are indicative. The Consumer cannot derive any rights from any periods mentioned. Exceeding a period does not entitle the Consumer to compensation.
  5. In the case of termination in accordance with paragraph 3 of this article, the Economic Operator will refund the amount that the Consumer has paid as soon as possible but no later than fourteen days after termination.
  6. If delivery of an ordered product proves to be impossible, the Economic Operator will endeavour to make a replacement item available. At the latest at the time of delivery, the Economic Operator will inform the Consumer in a clear and comprehensible manner that a replacement item will be delivered. The Right of Withdrawal also applies to replacement items. The costs of any return shipment are payable by the Economic Operator.
  7. The risk of damage and/or loss of products remains with the Economic Operator up to the moment of delivery to the Consumer or a designated representative who is made known to the Economic Operator in advance, unless expressly agreed otherwise.

 

Article 12 – Continuing Performance Agreements: duration, termination, and renewal

Termination

  1. The Consumer may terminate an agreement for an indefinite period that was concluded for the regular delivery of products, including electricity, or services, at any time subject to the agreed termination rules and a notice period not exceeding one month.
  2. The Consumer may terminate an agreement for a definite period that was concluded for the regular delivery of products, including electricity, or services, at any time at the end of the definite period subject to the applicable termination rules and a notice period not exceeding one month.
  3. In respect of the agreements mentioned in the previous paragraphs, the Consumer may:
  • terminate the agreements at any time without being limited to termination at a specific time or during a specific period;
  • terminate the agreements in any case in the same manner as they were entered into by him/her;
  • always terminate the agreements with the same notice period as that stipulated by the Economic Operator for itself.

Renewal

  1. An agreement for a definite period that was concluded for the regular delivery of products, including electricity, or services, may not be tacitly extended or renewed for a definite period.
  2. By way of derogation from the previous paragraph, an agreement for a definite period that was concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a maximum period of three months if the Consumer is entitled to terminate this renewed agreement at the end of the renewal period, with a notice period of notice not exceeding one month.
  3. An agreement for a definite period that was concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the Consumer is always entitled to terminate the agreement with a notice period not exceeding one month. If the agreement was for the regular delivery of daily or weekly newspapers or magazines, which delivery takes place less than once a month, the notice period may not exceed three months.
  4. An agreement with a limited duration for the regular delivery of daily or weekly newspapers and magazines by means of a trial or introductory subscription, will not be tacitly renewed and will end automatically at the end of the trial or introductory period.

Term

  1. If an agreement has a duration of more than one year, the Consumer may terminate the agreement after one year with a notice of up to one month, unless reasonableness and fairness dictate otherwise.

 

Article 13 – Payment

  1. Insofar as not otherwise agreed upon, the amounts owed by the Consumer must be paid within seven working days of the start of the Cooling-off Period, as referred to in Article 6(1). In the case of an agreement for the provision of a service, this period will start after the Consumer has received confirmation of the agreement.
  2. The Consumer is obliged to report any inaccuracies in payment details provided or stated to the Economic Operator without delay.
  3. In the case of non-payment by the Consumer, the Economic Operator is entitled, subject to legal restrictions, to charge the Consumer for any reasonable costs made known to the Consumer in advance.

 

Article 14 – Complaints handling scheme and procedure

  1. The Economic Operator must sufficiently publicize its complaints procedure and handle the complaint in accordance with this complaints procedure. The complaints procedure is described below.
  2. Complaints about the execution of the agreement must be submitted to the Economic Operator by the Consumer within seven days of the discovery of the defects, in full and clearly described.
  3. Complaints submitted to the Economic Operator must be answered within a period of fourteen days from the date of receipt. If a complaint requires a foreseeably longer processing time, the Economic Operator will respond within fourteen days with a notice of receipt and an indication of when the Consumer may expect a more detailed response.
  4. A complaint does not suspend the obligations of the Economic Operator, unless the Economic Operator indicates otherwise in writing.
  5. If a complaint is found to be justified by the Economic Operator, the Economic Operator will either replace or repair the delivered products free of charge, at its discretion.

 

HappySoaps complaints procedure
We are a cheerful brand and do everything with a big dose of happiness! However, it is always possible that something does not quite go as planned. We encourage you to first report complaints to us by e-mail to info@thehappysoaps.com. If this does not lead to a solution, it is possible to register for dispute mediation with Stichting Webwinkel via https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil.From 15 February 2016, it will also be possible for Consumers in the EU to file complaints via the ODR platform of the European Commission. You can find this ODR platform at http://ec.europa.eu/odr. If your complaint is not already being dealt with elsewhere, you are free to register your complaint via the European Union platform.

 

Article 15 – Disputes

  1. Agreements between the Economic Operator and the Consumer to which these General Terms and Conditions relate are governed exclusively by Dutch law. This also applies if the Consumer lives abroad
  2. The Vienna Sales Convention (Weens Koopverdrag) does not apply

 

Article 16 – Additional or deviating provisions

Additional provisions or provisions that deviate from these General Terms and Conditions may not be to the detriment of the Consumer and must be recorded in writing or in such a way that the Consumer can store them in an accessible manner on a Durable Data Carrier.