Terms and Conditions

Article 1 – Identity of the business

Babassu is a member of ANBOS, the Dutch trade association for the beauty care sector.

Article 2 – Applicability

These terms and conditions apply to every transaction concluded between the business and the consumer through the webshop babassu.nl.

The text of these terms and conditions is made available to the consumer for review before the agreement is concluded through this webshop. It is also provided electronically (as a PDF), so that it can be downloaded, saved and printed. At the consumer’s request, these terms and conditions can also be sent by email or by post.

Article 3 – The agreement

The agreement is concluded at the moment the consumer pays for the offer, subject to the provisions of paragraph 6 of this article.

The business confirms the consumer’s payment by email. Until this confirmation of acceptance by the business, the consumer may dissolve the agreement.

The business takes appropriate technical measures to ensure a secure web environment and the secure transfer of data and payments.

When the consumer purchases a product or service, the business provides the following information digitally:

Within the limits of the law, the business may look into whether the consumer is able to meet their payment obligations, as well as any other facts relevant to entering into the agreement responsibly. If, on the basis of this investigation, the business has good grounds not to enter into the agreement, it is entitled to refuse the order or to attach special conditions to its performance.

Article 5 – The offer

If an offer has a limited period of validity or is subject to special conditions, this is stated explicitly by the business.

The offer includes a description of the products and/or services offered, so that the consumer can assess them properly. Any images used are a true representation of the offer.

Mistakes or errors in the offer that a consumer can immediately recognise as such are not binding on the business.

Article 6 – The price

All prices of the products or services offered include VAT. Any packaging, delivery or other additional costs are stated clearly with the offer.

The prices of the products and/or services offered are not changed during the transaction between the business and the consumer as a result of changes in VAT rates or other adjustments.

Article 7 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid before the goods are delivered.

Payment can be made by iDeal and PayPal. Credit cards from VISA, MasterCard and American Express are accepted if issued in the Netherlands or Belgium. Credit cards issued in other countries are not accepted. If preferred, the amount due can also be paid by bank transfer to Babassu Webshop BV, IBAN NL76 INGB 0674 7622 74, quoting the order number.

Article 8 – Right of withdrawal for the delivery of products

The consumer may dissolve the agreement, without giving reasons, up to fourteen days from the day the product is received. The business may ask the consumer for the reason for withdrawal but cannot require the consumer to state their reason(s).

This cooling-off period begins on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:

The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer. The consumer bears the direct cost of returning the product. If the business has not stated that the consumer must bear these costs, or if the business indicates that it will bear them itself, the consumer does not have to bear the cost of return.

To exercise the right of withdrawal, the consumer must notify the business in writing within the cooling-off period, by post or by email to webshop@babassu.nl

The consumer returns the product with all accessories supplied, in accordance with the reasonable and clear instructions provided by the business.

If the consumer wishes to exercise the right of withdrawal, the product must, where reasonably possible, still be in its original condition and packaging, unopened, undamaged and in saleable condition. The consumer may only unpack or use the product to the extent necessary to establish its nature, characteristics and functioning. The principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.

The following are excluded from the right of withdrawal:

The consumer is only liable for any diminished value of the product resulting from handling it beyond what is permitted, as described above. The consumer is not liable for any diminished value of the product if the business did not provide all legally required information about the right of withdrawal before or at the time the agreement was concluded.

The consumer may also exercise this right of withdrawal if, after opening the product, it proves to be of defective quality. The consumer must report these defects to the business in writing or by email within a maximum of fourteen days of receiving the product. The business will then contact the consumer to provide instructions for the return.

Article 9 – Costs in the event of withdrawal

If the consumer exercises the right of withdrawal, they bear no more than the cost of returning the product.

In the event of withdrawal, the business refunds the purchase amount and any delivery costs to the consumer. This takes place no later than 14 days after the consumer has stated in writing that they wish to exercise the right of withdrawal and has returned the goods to the business undamaged and in their original packaging.

If the consumer has paid delivery costs for the return, these are only refunded by the business if one or more products in the shipment were delivered damaged, incorrectly or otherwise not as they should be. If the consumer returns the products for another reason, the cost of return is borne by the consumer.

Article 10 – Delivery and performance

The business will exercise the greatest possible care when receiving and fulfilling orders for products.

If delivery of an ordered product proves permanently impossible, the business will make every effort to compensate the consumer to their full satisfaction, either by offering a comparable replacement item or by refunding the amount paid. The consumer will be contacted about this beforehand and mutual agreement will be reached.

Unless expressly agreed otherwise, the risk of loss and/or damage to products rests with the business until the moment of delivery to the consumer.

The address the consumer has provided to the business is deemed to be the place of delivery.

The business will fulfil accepted orders as quickly as possible, and no later than within 10 days, unless a longer delivery period has been agreed. If there is a delay in delivery, or if an order cannot be fulfilled or can only be partly fulfilled, the consumer will be notified no later than one week after placing the order. In such a case, the consumer has the right to dissolve the agreement at no cost. The business will then refund the amount the consumer has paid as quickly as possible, and no later than within 10 days of dissolution.

Article 11 – Warranty

Any arrangement offered as a warranty by the business, manufacturer or importer cannot limit or set aside the rights and claims the consumer has, under the law and/or the distance agreement, in respect of a failure by the business to fulfil its obligations towards the consumer.

Article 12 – Conformity

The business guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of usability and/or soundness, and the statutory provisions and/or government regulations in force on the date the agreement is concluded.

Article 13 – Complaints procedure

The consumer may submit complaints about the performance of the agreement to the business, fully and clearly described, up to fourteen days from the day the product is received.

The business will address and respond to complaints submitted as quickly as possible, and in any case within 14 days of the date of receipt. If a complaint foreseeably requires a longer processing time, the business will reply within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

Article 14 – Additional or differing provisions

Additional provisions, or provisions that differ from these terms and conditions, may not be to the consumer’s detriment and must be recorded in writing, or in such a way that the consumer can access and store them easily.

Article 15 – Amendment of the terms and conditions

Amendments to these terms and conditions only take effect once they have been properly published. These amendments must have been made available to the consumer for review.

Article 16 – Applicable law

Agreements between the business and the consumer to which these terms and conditions relate are governed exclusively by Dutch law.

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