Terms of service

Contents

Article 1 Definitions. Article 2 Who we are. Article 3 Applicability. Article 4 The offer. Article 5 The contract. Article 6 Prices and payment. Article 7 Right of withdrawal. Article 8 Exercising the right of withdrawal and costs. Article 9 Exclusion of the right of withdrawal. Article 10 Conformity and warranty. Article 11 Delivery and performance. Article 12 Retention of title. Article 13 Personal data. Article 14 Applicable law, complaints and disputes. Annex I Model withdrawal form.

Article 1 Definitions

In these terms and conditions the following definitions apply:

  1. Trader: The Horse Extensions Factory, which offers products to Consumers through the website;
  2. Consumer: the natural person who is not acting for purposes related to his or her trade, business, craft or profession;
  3. Contract: the contract between Trader and Consumer concluded within an organised distance-selling system, where up to and including the conclusion of the contract exclusively one or more means of distance communication are used;
  4. Day: calendar day;
  5. Withdrawal period: the period within which the Consumer can exercise the right of withdrawal;
  6. Right of withdrawal: the Consumer's option to withdraw from the Contract within the withdrawal period;
  7. Model withdrawal form: the European model withdrawal form in Annex I of these terms;
  8. Means of distance communication: a means by which a Contract can be concluded without Trader and Consumer being in the same place at the same time.

Article 2 Who we are

Trade name The Horse Extensions Factory
Address Bronstijdkreek 14, 3206 HA Spijkenisse, The Netherlands
Email info@thehorseextensionsfactory.nl
Phone / WhatsApp +31 6 42 90 95 41
Chamber of Commerce (KvK) number 67804225
VAT number NL133573436B03

Article 3 Applicability

  1. These terms and conditions apply to all offers by the Trader and to every Contract and delivery concluded through the website or another means of distance communication.
  2. If any provision of these terms is wholly or partly void or is annulled, the Contract and the remaining terms stay in force. The provision in question is replaced by a provision that comes as close as possible to the purpose of the original provision.
  3. Deviating provisions may not be to the Consumer's disadvantage and are recorded in such a way that the Consumer can store them in an accessible way on a durable medium.

Article 4 The offer

  1. If an offer has a limited period of validity or is subject to conditions, this is stated explicitly in the offer.
  2. The offer contains a complete and accurate description of the products, detailed enough for the Consumer to assess the offer properly. Images show the products as faithfully as possible. Obvious mistakes or errors in the offer do not bind the Trader.
  3. Every offer contains enough information for the Consumer to understand the rights and obligations attached to accepting the offer.

Article 5 The contract

  1. The Contract is concluded when the Consumer accepts the offer and meets the conditions set. The Consumer accepts the offer by completing the ordering process on the website.
  2. If the Consumer has accepted the offer electronically, the Trader confirms receipt electronically as soon as possible. Until that receipt is confirmed, the Consumer can dissolve the Contract.
  3. Within the legal framework the Trader may check whether the Consumer can meet his or her payment obligations and which facts and factors matter for entering into the Contract responsibly. If the Trader then has good reasons not to enter into the Contract, he may refuse an order with reasons or attach special conditions to performance.
  4. Every Contract is entered into on the condition that the products are sufficiently available.
  5. The Consumer ensures that the details provided to the Trader are correct and complete.

Article 6 Prices and payment

  1. During the validity period stated in the offer, product prices are not increased, except for price changes resulting from changes in VAT rates.
  2. Prices stated in the offer are in euros and include VAT, unless expressly stated otherwise. Any shipping costs are clearly stated before the Contract is concluded.
  3. Unless otherwise provided, the Consumer pays within 14 Days after the Contract is concluded.
  4. The Consumer reports any inaccuracies in payment details provided or stated to the Trader immediately.
  5. If the Consumer does not pay on time, he or she receives a reminder from the Trader and 14 Days to pay after all. If the Consumer still does not pay, statutory interest is due on the outstanding amount and the Trader may charge extrajudicial collection costs within the statutory limits.

Article 7 Right of withdrawal

  1. The Consumer may dissolve a Contract for the purchase of a product within 14 Days without giving a reason. The Trader may ask for the reason, but the Consumer is not obliged to give it.
  2. The withdrawal period starts on the Day after the Consumer, or a third party named in advance by the Consumer who is not the carrier, has received the product. If the Consumer ordered several products in one order, the period starts on the Day after receipt of the last product. If delivery consists of several shipments or parts, the period starts on the Day after receipt of the last shipment or part.
  3. During the withdrawal period the Consumer handles the product and packaging with care. The Consumer only unpacks or uses the product to the extent necessary to establish its nature, characteristics and functioning. The starting point is that the Consumer may only handle and inspect the product as he or she would be allowed to in a shop.
  4. The Consumer is only liable for diminished value of the product resulting from handling beyond what is permitted in paragraph 3 (article 6:230s of the Dutch Civil Code). The Trader may charge this diminished value or set it off against the amount to be refunded. Fixed cleaning fees are not charged.

Article 8 Exercising the right of withdrawal and costs

  1. If the Consumer exercises the right of withdrawal, he or she notifies the Trader within the withdrawal period using the model withdrawal form or in another clear way, for example by email. The model withdrawal form is also included in the returns and withdrawal policy.
  2. After receiving the notice, the Trader sends an acknowledgement of receipt as soon as possible.
  3. The Consumer returns the product as soon as possible or hands it to the Trader, in any case within 14 Days after notifying withdrawal. The Consumer has met the return deadline if he or she returns the product before the withdrawal period has ended.
  4. The Consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the Trader's reasonable and clear instructions.
  5. The Consumer bears the risk and the burden of proof for the correct and timely exercise of the right of withdrawal.
  6. The cost of returning the product is for the Consumer's account. The Trader states this here and in the returns policy, before the Contract is concluded.
  7. The Trader refunds all payments from the Consumer, including the original standard shipping costs, as soon as possible and in any case within 14 Days after the Consumer has notified withdrawal. If the Consumer chose a more expensive delivery method than the cheapest standard delivery, the Trader does not have to refund the extra cost. The Trader may withhold the refund until he has received the product or the Consumer shows that he or she has sent it back, whichever is earlier.
  8. The Trader uses the same payment method the Consumer used for the refund, unless the Consumer agrees to another method. The refund is free of charge for the Consumer.
  9. If the Consumer exercises the right of withdrawal, all supplementary contracts are dissolved by operation of law.

Article 9 Exclusion of the right of withdrawal

The right of withdrawal does not apply to products for which it is excluded by law. In any case these are:

  • products made to the Consumer's specifications, not prefabricated and made on the basis of an individual choice or decision of the Consumer, or clearly intended for a specific person, for example custom-coloured extensions;
  • products that spoil quickly or have a limited shelf life;
  • sealed products that are not suitable for return for health or hygiene reasons and whose seal was broken after delivery;
  • products that, after delivery, are by their nature inseparably mixed with other products.

Article 10 Conformity and warranty

  1. The products the Trader delivers to the Consumer conform to the Contract. This is the statutory guarantee.
  2. An additional guarantee from the Trader, a supplier, manufacturer or importer never limits the statutory rights of the Consumer against the Trader.
  3. The Trader cannot guarantee that the display of the products on the website, for example as to colour, matches the delivered products exactly in all cases. If you are unsure about a colour, you can send a photo beforehand for colour advice.

Article 11 Delivery and performance

  1. The place of delivery is the address the Consumer gave to the Trader.
  2. The Trader performs the order as soon as possible, at the latest within 30 Days, unless another delivery period was agreed. See also the shipping policy.
  3. If an order cannot be performed, or only partly, the Consumer is informed no later than 30 Days after the order. The Consumer may then dissolve the Contract free of charge and is entitled to any compensation.
  4. After dissolution the Trader refunds the amount paid as soon as possible.
  5. The risk of damage to or loss of products lies with the Trader until delivery to the Consumer or a representative named in advance, unless expressly agreed otherwise.

Article 12 Retention of title

As long as the Consumer has not paid the full agreed amount, the delivered products remain the property of the Trader.

Article 13 Personal data

The Trader processes the Consumer's personal data in accordance with the privacy policy on the website.

Article 14 Applicable law, complaints and disputes

  1. Dutch law applies to all Contracts between Trader and Consumer. A Consumer who habitually resides in another country keeps the protection of the mandatory provisions of that country's law.
  2. The Consumer can submit complaints via info@thehorseextensionsfactory.nl or by post to the address in article 2.
  3. Complaints about the performance of the Contract must be submitted fully and clearly described within a reasonable time after the Consumer has discovered the defect.
  4. The Trader answers complaints within 14 Days of receipt. If a complaint clearly needs longer to process, the Trader replies within 14 Days with an acknowledgement and an indication of when the Consumer can expect a more detailed answer.
  5. If Trader and Consumer cannot resolve a dispute together, it can be submitted to the competent court. Consumers can contact ConsuWijzer (consuwijzer.nl) for information and advice.

Annex I Model withdrawal form

If you want to withdraw from the contract, fill in this form and send it back.

To: The Horse Extensions Factory, Bronstijdkreek 14, 3206 HA Spijkenisse, The Netherlands, info@thehorseextensionsfactory.nl

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods: ...................................

Ordered on (*) / received on (*): ...................................

Name of consumer(s): ...................................

Address of consumer(s): ...................................

Signature of consumer(s) (only if this form is notified on paper): ...................................

Date: ...................................

(*) Delete as appropriate.