General Terms & Conditions

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

  1. Additional Agreement: An agreement in which the consumer acquires products, digital content, and/or services related to a distance contract, and these are delivered by the entrepreneur or a third party under an agreement between that third party and the entrepreneur.
  2. Cooling-off Period: The period during which the consumer may exercise the right of withdrawal.
  3. Consumer: A natural person who is not acting for purposes related to trade, business, craft, or professional activity.
  4. Day: A calendar day.
  5. Digital Content: Data produced and supplied in digital form.
  6. Long-term Agreement: An agreement for the regular delivery of goods, services, and/or digital content during a certain period.
  7. Durable Medium: Any tool that enables the consumer or entrepreneur to store information personally addressed to them, for future reference during a period adequate to the purpose of the information, and which allows unchanged reproduction of the stored information.
  8. Right of Withdrawal: The consumer’s ability to cancel the distance contract within the cooling-off period.
  9. Entrepreneur: The natural or legal person offering products, digital content, and/or services to consumers at a distance.
  10. Distance Contract: An agreement concluded between the entrepreneur and the consumer within the framework of a system for distance selling, using one or more techniques for distance communication.
  11. Model Withdrawal Form: The European standard withdrawal form included in Annex I of these Terms & Conditions.
  12. Means of Distance Communication: Any method used to conclude an agreement without the consumer and entrepreneur being in the same room at the same time.

Article 2 – Identity of the Entrepreneur

Name: M Sajjad Beauty

Address: Verdunplein 17 A5740, 5627SZ Eindhoven, The Netherlands

Email: info@msajjadbeauty.com

Phone: +31 6 2617 8884

Website: www.msajjadbeauty.com

Chamber of Commerce (KvK) Number: 95788433

Article 3 – Applicability

  1. These Terms and Conditions apply to every offer by M Sajjad Beauty and to every distance contract concluded between the entrepreneur and the consumer.
  2. Before a distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, M Sajjad Beauty will indicate how the Terms can be accessed and sent free of charge upon request.
  3. If the contract is concluded electronically, these Terms may also be provided electronically in such a way that the consumer can store them on a durable medium.
  4. In the event that specific product or service conditions also apply, the consumer may always rely on the provision most favorable to them in case of conflicting conditions.

Article 4 – The Offer

  1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated.
  2. The offer includes a complete and accurate description of the products and/or services. Images are a true representation of the products. Obvious mistakes or errors do not bind M Sajjad Beauty.
  3. Every offer contains sufficient information to make clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The Agreement

  1. The contract is concluded at the moment the consumer accepts the offer and fulfills the stated conditions.
  2. If the consumer accepts electronically, M Sajjad Beauty will immediately confirm receipt of the acceptance. As long as this confirmation has not been received, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, M Sajjad Beauty will take appropriate technical and organizational measures to secure the electronic transfer of data and provide a safe web environment.
  4. M Sajjad Beauty may, within the legal framework, assess whether the consumer can meet payment obligations. If there are valid reasons, the entrepreneur may refuse an order with justification or attach special conditions.
  5. Upon delivery of the product, the following information will be supplied in writing or electronically:

     

    The business address where consumers can lodge complaints.

    Conditions and procedures for exercising the right of withdrawal.

    Information on guarantees and after-sales service.

    Price including taxes, delivery costs, and payment method.

    Termination conditions if the contract is of long duration.

    Withdrawal form, if applicable.

Article 6 – Right of Withdrawal

  1. Consumers may cancel a purchase within 14 days of receiving the goods, without providing a reason.
  2. The withdrawal period begins:

     

    On the day after the consumer or a third party (not the carrier) receives the product.

    1. If an order consists of multiple items: the day the last item is received.

    2. For delivery in parts: the day the last part is received.For services or digital content not supplied on a tangible medium, the consumer may cancel within 14 days after concluding the agreement.If IM Sajjad Beauty has not provided legally required withdrawal information, the withdrawal period ends 12 months after the original period. If the information is later provided, the 14-day period begins from that moment.

Article 7 – Consumer’s Obligations During Cooling-off Period

  1. During the 14-day period, the consumer must handle the product and packaging with care.

  2. The consumer may only inspect the product as they would in a physical shop.

  3. The consumer is liable for any reduction in value caused by improper handling.

  4. The consumer is not liable if M Sajjad Beauty failed to inform about the right of withdrawal.

Article 8 – Exercising the Right of Withdrawal

  1. To exercise the right of withdrawal, the consumer must notify M Sajjad Beauty within the cooling-off period via email or the withdrawal form.

  2. The consumer must return the product within 14 days after notifying M Sajjad Beauty.

  3. Products must be returned in original condition and packaging, with all accessories, where reasonably possible.

  4. Return costs are the responsibility of the consumer, unless otherwise stated.

  5. Risk and proof of correct and timely return lie with the consumer.

  6. If a service has already started during the withdrawal period at the consumer’s request, a proportional fee may be charged for the work performed.

Article 9 – Obligations of M Sajjad Beauty in Case of Withdrawal

  1. Upon receiving notice of withdrawal, M Sajjad Beauty will confirm receipt electronically.

  2. All payments made by the consumer, including original delivery costs, will be refunded within 14 days of receiving the withdrawal notice.

  3. Refunds may be withheld until the returned goods are received or proof of return is provided.

  4. Refunds will be made using the same payment method unless the consumer agrees otherwise.

  5. If the consumer chose a more expensive delivery option than the standard method, the additional costs will not be refunded.

Article 10 – Exclusions from the Right of Withdrawal

  1. The right of withdrawal does not apply to:

    1. Products made to the consumer’s specifications or personalized.

    2. Products that spoil quickly or have a limited shelf life.

    3. Sealed products that are not suitable for return due to health or hygiene reasons, once unsealed.

    4. Products that are irreversibly mixed with other goods after delivery.

    5. Sealed audio/video recordings or software, once unsealed.

    6. Newspapers, magazines, or periodicals (except subscriptions).

    7. Digital content not supplied on a tangible medium, if the consumer consented to immediate performance and acknowledged the loss of withdrawal rights.

Article 11 – 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 changes resulting from adjustments in VAT rates.

  2. In deviation from the previous section, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond the entrepreneur’s control, at variable prices. This link to fluctuations and the fact that any stated prices are indicative will be clearly mentioned in the offer.

  3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

  4. Price increases after 3 months are only allowed if explicitly agreed upon and either:

    1. they result from statutory regulations or provisions, or

    2. the consumer is entitled to terminate the agreement as of the day on which the price increase takes effect.

  5. All prices stated in the offer of products or services include VAT.

Article 12 – Compliance and Additional Warranty

  1. M Sajjad Beauty guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable standards of usability and reliability, and existing statutory provisions and/or government regulations at the time the contract was concluded.

  2. If agreed, M Sajjad Beauty also guarantees that the product is suitable for uses other than normal use.

  3. Any additional guarantee provided by M Sajjad Beauty, its supplier, manufacturer, or importer does not affect the consumer’s statutory rights and claims should the entrepreneur fail to fulfill their part of the agreement.

  4. Additional warranty means any undertaking by M Sajjad Beauty, its supplier, importer, or manufacturer that grants the consumer certain rights or claims beyond what is legally required if the entrepreneur fails to fulfill their part of the contract.

Article 13 – Delivery and Execution

  1. M Sajjad Beauty will exercise the utmost care when receiving and executing product orders and when assessing requests for service provision.

  2. The place of delivery is the address the consumer has provided to M Sajjad Beauty.

  3. With due observance of what is stated in Article 4, M Sajjad Beauty will execute accepted orders with due speed but no later than 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified within 30 days after placing the order. In such cases, the consumer is entitled to terminate the contract free of charge and is entitled to possible compensation.

  4. After termination in accordance with the previous section, M Sajjad Beauty will immediately refund the amount the consumer has paid.

  5. The risk of damage and/or loss of products lies with M Sajjad Beauty until delivery to the consumer or a pre-designated and known representative, unless expressly agreed otherwise.

Article 14 – Long-Term Transactions: Duration, Termination, and Renewal

  1. Termination

    1. The consumer may terminate an agreement entered into for an indefinite period, involving the regular delivery of products or services, at any time subject to agreed termination rules and a notice period of no more than one month.

    2. The consumer may terminate an agreement entered into for a fixed period, involving the regular delivery of products or services, at the end of the fixed term subject to agreed termination rules and a notice period of no more than one month.

    3. The consumer may terminate agreements as mentioned above:

      • at any time and not be restricted to termination at a specific time or within a specific period,

      • at least in the same way as the agreement was entered into, and

      • always with the same notice period as M Sajjad Beauty has stipulated for itself.

  2. Renewal

    1. An agreement entered into for a definite period and involving the regular delivery of products or services may not be tacitly renewed or extended for a fixed duration.

    2. By way of exception, agreements for the delivery of daily, news, and weekly newspapers or magazines may be tacitly renewed for a maximum duration of three months, provided the consumer may terminate this renewed agreement at the end of the extension with a notice period of no more than one month.

    3. Agreements for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is a maximum of three months in the case of agreements involving less than one delivery per month of daily, news, and weekly newspapers or magazines.

    4. Agreements with a limited duration for the regular delivery of newspapers and magazines by way of trial or introductory subscription are not tacitly continued and automatically end after the trial or introductory period.

  3. Duration
    If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.

Article 15 – Payment

  1. Unless otherwise specified in the contract or additional terms, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or if no cooling-off period applies, within 14 days after the conclusion of the contract. For a service agreement, this period begins the day after the consumer receives confirmation of the contract.

  2. In the sale of products to consumers, the consumer may never be obliged to make an advance payment of more than 50%. If an advance payment is agreed, the consumer cannot assert any rights regarding the execution of the order until the advance payment has been made.

  3. The consumer has a duty to immediately report inaccuracies in provided or stated payment details to M Sajjad Beauty.

  4. If the consumer does not fulfill payment obligations on time, after being notified of the late payment and being granted a 14-day grace period, the consumer will owe statutory interest on the outstanding amount. M Sajjad Beauty is also entitled to charge extrajudicial collection costs. These costs amount to a maximum of:

    • 15% on outstanding amounts up to €2,500,

    • 10% on the next €2,500, and

    • 5% on the next €5,000,
      with a minimum of €40. M Sajjad Beauty may deviate from these amounts to the consumer’s advantage.

Article 16 – Complaints Procedure

  1. M Sajjad Beauty has a sufficiently publicized complaints procedure and will handle complaints in accordance with this procedure.

  2. Complaints about the execution of the agreement must be submitted to M Sajjad Beauty promptly, fully, and clearly described after the consumer has discovered the defects.

  3. Complaints submitted will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, M Sajjad Beauty will respond within 14 days with an acknowledgment and indication of when the consumer may expect a more detailed reply.

  4. If a complaint cannot be resolved by mutual agreement within a reasonable period or within three months after submission, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

  1. Only Dutch law applies to agreements between M Sajjad Beauty and the consumer to which these Terms and Conditions relate.

Article 18 – Additional or Deviating Provisions

  1. Additional provisions or provisions deviating from these Terms may not disadvantage the consumer and must be recorded in writing or in such a way that they can be stored on a durable medium accessible to the consumer.