Terms of service

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 right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, cancellation and extension
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:

1. Cooling-off period: the period within which the consumer can exercise his right of withdrawal; Read everything about the cooling-off period

1. 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;

1. Day: calendar day;

1. Duration transaction: a distance agreement regarding a series of products and/or services, whose delivery and/or purchase obligation is spread over time;

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

1. Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period;

1. Model withdrawal form: the model form for withdrawal that the entrepreneur makes available, which a consumer can fill in when he wants to exercise his right of withdrawal.

1. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;

1. Distance agreement: an agreement in the context of a system organized by the entrepreneur for the distance sale of products and/or services, whereby only one or more techniques for distance communication are used up to and including the conclusion of the agreement;

1. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being simultaneously in the same room.

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

Article 2 - Identity of the entrepreneur

Miss Salsa Netherlands
Tomatenstraat 94

2564CV The Hague
Netherlands

T (061) 699-0099
E vanessa.zikking@gmail.com
Chamber of Commerce 51529548
VAT number NL001715510B70

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and orders between the entrepreneur and the consumer.

1. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed at the entrepreneur's and that they will be sent to the consumer as soon as possible upon request free of charge.

1. If the distance agreement is concluded electronically, the text of these general terms and conditions can, contrary to the previous paragraph, be made available to the consumer electronically in such a way that it can be saved by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or in another way free of charge upon request.

1. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.

1. If one or more provisions in these general terms and conditions are wholly or partially null and void or are annulled at any time, the agreement and these conditions shall otherwise remain in effect, and the relevant provision shall be promptly replaced by a provision that approaches the intent of the original as closely as possible in mutual consultation.

1. Situations not covered by these general terms and conditions shall be assessed 'according to the spirit' of these general terms and conditions.

1. Uncertainties regarding the explanation or content of one or more provisions of our conditions shall be explained 'according to the spirit' of these general terms and conditions.

Article 4 - The offer

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

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

1. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.

1. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

1. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors are exact agree with the actual colors of the products.

1. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer. This particularly concerns:
   
   
   • the price including taxes;
   
   
   • any shipping costs;
   
   
   • the manner in which the agreement will be concluded and which actions are necessary for that;
   
   
   • whether or not the right of withdrawal applies;
   
   
   • the method of payment, delivery, and execution of the agreement;
   
   
   • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
   
   
   • the amount of the rate for remote communication if the costs of using the technique for remote communication are calculated on a different basis than the regular basic rate for the used communication medium;
   
   
   • 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 can check and, if desired, correct the data provided by him in the context of the agreement before concluding the agreement;
   
   
   • any other languages in which, in addition to Dutch, the agreement can be concluded;
   
   
   • the codes of conduct to which the entrepreneur has subjected himself and how the consumer can consult these codes of conduct electronically; and
   
   
   • the minimum duration of the remote agreement in the case of a duration transaction.
   
   
   

Article 5 - The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set for that.

1. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm the receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed the agreement based on this acceptance, the consumer can dissolve the agreement.

1. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures for that.

1. The entrepreneur can inform himself - within legal frameworks - whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into the remote agreement. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, he is entitled to refuse a order or request motivated or to attach special conditions to the execution.

1. The entrepreneur will provide the consumer with 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 data carrier:
   
   
   • the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
   
   
   • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal; right of withdrawal;
   
   
   • the information about warranties and existing after-sales service;
   
   
   • the information included in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
   
   
   • the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
   
   
   

1. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

1. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This reflection period starts on the day after the consumer receives the product or a representative designated by the consumer and known to the entrepreneur.

1. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of 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 entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

1. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur within 14 days after receiving the product. The consumer must communicate this using the model form or through another means of communication such as email. After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by providing proof of shipment.

1. If the customer has not communicated his wish to exercise his right of withdrawal after the periods mentioned in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is final.

Upon delivery of services:

1. Upon delivery of services, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, starting from the day of entering into the agreement.

1. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest at the time of delivery.

Article 7 - Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, the maximum costs of return shipping will be at his expense.

1. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been received back by the webshop or conclusive proof of complete return shipment can be provided. The refund will be made using the same payment method used by the consumer unless the consumer explicitly consents to another one. payment method.

1. In case of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any depreciation of the product.

1. The consumer cannot be held liable for depreciation of the product when the entrepreneur has not provided all legally required information about the right of withdrawal, which must occur before concluding the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.

1. Exclusion of the right of withdrawal is only possible for products:
   
   
   • that have been created by the entrepreneur according to the consumer's specifications;
   
   
   • that are clearly personal in nature;
   
   
   • that cannot be returned due to their nature;
   
   
   • that can spoil quickly or age;
   
   
   • whose price is tied to fluctuations in the financial market that the entrepreneur has no influence over;
   
   
   • for single newspapers and magazines;
   
   
   • for audio and video recordings and computer software that the consumer has broken the seal of;
   
   
   • for hygiene products that the consumer has broken the seal of.
   
   
   

1. Exclusion of the right of withdrawal is only possible for services:
   
   
   • related to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
   
   
   • whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
   
   
   • related to betting and lotteries.
   
   
   

Article 9 - The price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

1. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any stated prices are indicative prices will be mentioned in the offer.

1. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

1. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
   
   
   • they are the result of legal regulations or provisions; or
   
   
   • the consumer has the authority to terminate the agreement effective from the day the price increase takes effect.
   
   
   

1. The prices mentioned in the offer of products or services are inclusive of VAT.

1. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and guarantee

1. The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force at the time the agreement was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal use.

1. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur based on the agreement.

1. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovering the defect.

1. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.

1. The warranty does not apply if:
   
   
   • the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
   
   
   • the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or are treated on the packaging;
   
   
   • the defect is wholly or partially the result of regulations imposed by the government regarding the nature or quality of the applied materials.
   
   
   

Article 11 - Delivery and execution

1. The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.

1. The place of delivery is the address that the consumer has communicated to the company.

1. Subject to the provisions mentioned in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.

1. All delivery times are indicative. The consumer cannot derive any rights from any mentioned periods. Exceeding a deadline does not entitle the consumer to compensation.

1. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than within 14 days after dissolution.

1. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. No later than at the time of delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.

1. The risk of Damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, cancellation, and extension

Cancellation

1. The consumer may cancel an agreement that has been entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, subject to the agreed cancellation rules and a notice period of no more than one month.

1. The consumer may cancel an agreement that has been entered into for a fixed term and which involves the regular delivery of products (including electricity) or services at any time at the end of the specified duration, subject to the agreed cancellation rules and a notice period of no more than one month.

1. The consumer may cancel the agreements mentioned in the previous paragraphs:
   
   
   • at any time and not be limited to cancellation at a specific time or within a specific period;
   
   
   • at least cancel in the same manner as they were entered into;
   
   
   • always cancel with the same notice period as the entrepreneur has stipulated for themselves.
   
   
   

Extension

1. An agreement that has been entered into for a fixed term and which involves the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific duration.

1. Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed term and which involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a specific duration of up to three months, provided that the consumer can cancel this extended agreement at the end of the extension with a notice period of no more than one month.

1. An agreement that has been entered into for a fixed term and which involves the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months in the case that the agreement involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

1. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

1. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

1. The consumer has the obligation to report inaccuracies in the information provided or stated Report payment details immediately to the entrepreneur.

1. In case of default by the consumer, the entrepreneur has the right to charge reasonable costs that were communicated to the consumer in advance, subject to legal restrictions.

Article 14 - Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

1. Complaints regarding the execution of the agreement must be submitted to the entrepreneur in full and clear detail within 2 months after the consumer has discovered the defects.

1. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

1. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

1. In the event of complaints, a consumer should first contact the entrepreneur. If the web shop is affiliated with WebwinkelKeur and in cases where complaints cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this web shop has an active membership via  https://www.webwinkelkeur.nl/ledenlijst/. If a solution cannot be reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by WebwinkelKeur; the ruling is binding and both the entrepreneur and the consumer agree to this binding ruling. Submitting a dispute to this disputes committee incurs costs that must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

1. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.

1. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies if the consumer resides abroad.

1. The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions

Additional or deviating provisions 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 they can be stored by the consumer in an accessible manner on a durable data carrier.