Terms and conditions

General terms and conditions

Table of Contents:

Article 1 - Definitions

Article 2 - Identity

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Consumer's obligations during the cooling-off period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations in case of withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Performance and extra guarantee

Article 13 - Delivery and execution

Article 14 - Duration transactions: duration, termination and extension

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Additional agreement: an agreement in which the consumer acquires products, digital content and/or services in connection with a distance agreement, and these goods, digital content and/or services are supplied by BIMA or by a third party based on an agreement between that third party and BIMA;
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Continuing performance contract: an agreement for the regular supply of goods, services and/or digital content during a certain period;
Durable medium: any device – including email – that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows the unchanged reproduction of the stored information;
Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
Distance contract: an agreement concluded between BIMA and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, where, up to and including the conclusion of the agreement, exclusively or partly one or more techniques for distance communication are used;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;

BIMA: the legal entity as further defined in Article 2, which offers products, (access to) digital content and/or services remotely to consumers as set out in these general terms and conditions;

Technique for distance communication: means that can be used for concluding an agreement without the consumer and entrepreneur needing to be simultaneously in the same room;

Article 2 – Identity

Name of entrepreneur: BIMA Nails (part of TATTOODAY), Chamber of Commerce number: 82775826, VAT identification number: NL003325565B17, Email address: info@bimanails.com

Business address (no visiting address): Stationsweg 35H, 9001 EE Grou

Article 3 – Applicability

These general terms and conditions apply to every offer made by BIMA and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, BIMA will, before the distance contract is concluded, indicate how the general terms and conditions can be inspected at BIMA and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer by electronic means or otherwise upon request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting conditions.

Article 4 – The offer

If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If BIMA uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind BIMA.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set forth therein.
If the consumer has accepted the offer electronically, BIMA will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by BIMA, the consumer can dissolve the agreement. After receipt of this confirmation, it is no longer possible for the consumer to dissolve or cancel the agreement: however, the consumer can exercise the right of withdrawal (Article 6).
If the agreement is concluded electronically, BIMA 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, BIMA will observe appropriate security measures.
BIMA can – within legal frameworks – inform itself whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If BIMA, based on this investigation, has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
BIMA will, at the latest upon delivery of the product, service, or digital content, send the following information to the consumer, 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 BIMA's establishment where the consumer can file complaints;
the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the price including all taxes of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance contract;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period;
if the consumer has a right of withdrawal, the model withdrawal form.

In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 (fourteen) days without giving reasons. BIMA may ask the consumer about the reason for withdrawal, but cannot oblige them to state their reason(s).
The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, received the last product. BIMA may, provided it has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;
in agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, received the first product.

For services and digital content not supplied on a tangible medium:

The consumer can terminate a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during at least 14 days without giving reasons. BIMA may ask the consumer about the reason for withdrawal, but cannot oblige them to state their reason(s).
The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services, and digital content not supplied on a tangible medium if not informed about the right of withdrawal:

If BIMA has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If BIMA has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.

Article 7 – Consumer's obligations during the cooling-off period

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
The consumer is only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any diminished value of the product if BIMA has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises their right of withdrawal, they must notify BIMA of this within the cooling-off period by means of the model withdrawal form or by other unambiguous means.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product, or hand it over to (an authorized representative of) BIMA. This is not necessary if BIMA has offered to collect the product themselves. The consumer has in any case complied with the return period if they return the product before the cooling-off period has expired.
The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by BIMA.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product. If BIMA has not notified the consumer that they must bear these costs, or if BIMA indicates that it will bear the costs itself, the consumer does not have to bear the costs for returning the product.
The consumer does not bear costs for the full or partial supply of digital content not supplied on a tangible medium if:

they have not expressly agreed to the commencement of the performance of the agreement before the end of the cooling-off period;
they have not acknowledged losing their right of withdrawal when granting their consent; or
BIMA has failed to confirm this statement from the consumer.

If the consumer exercises their right of withdrawal, all additional agreements are automatically dissolved.

Article 9 – Obligations upon withdrawal

If BIMA enables the consumer to withdraw electronically, BIMA will send an acknowledgment of receipt immediately after receiving this notification.
Lynora will reimburse all payments made by the consumer, including any delivery costs charged by BIMA for the returned product, without delay, but within 14 (fourteen) days following the day on which the consumer notifies BIMA of the withdrawal. Unless BIMA offers to collect the product themselves, BIMA may wait with reimbursement until it has received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.
BIMA will use the same payment method for reimbursement that the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, BIMA is not obliged to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

BIMA can exclude the following products and services from the right of withdrawal, but only if BIMA has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market over which BIMA has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction means a method of sale where products, digital content and/or services are offered by BIMA to the consumer who is personally present or given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
Service agreements, after complete performance of the service, but only if:

the performance has begun with the consumer's explicit prior consent; and
the consumer has declared that they lose their right of withdrawal once BIMA has fully performed the agreement;

Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;
Products manufactured according to the consumer's specifications, which are not prefabricated and are manufactured based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that, by their nature, have been irrevocably mixed with other products after delivery;
Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which BIMA has no influence;
Sealed audio, video recordings and computer software, whose seal has been broken after delivery;
Newspapers, periodicals, or magazines, with the exception of subscriptions thereto;
The delivery of digital content other than on a tangible medium, but only if:

the performance has begun with the consumer's explicit prior consent; and
the consumer has declared that they thereby lose their right of withdrawal.

Article 11 – The price

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.
Notwithstanding the previous paragraph, BIMA may offer products or services whose prices are subject to fluctuations in the financial market and over which BIMA has no influence, at variable prices. This connection to fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if BIMA has stipulated this and:

these are the result of legal regulations or provisions; or
the consumer has the right to terminate the agreement on the day the price increase takes effect.

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

Article 12 – Performance of the agreement and extra guarantee

BIMA 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 statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, BIMA also guarantees that the product is suitable for other than normal use.
An extra guarantee provided by BIMA, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against BIMA based on the agreement if BIMA has failed to fulfill its part of the agreement.
An extra guarantee means any commitment by BIMA, its supplier, importer or producer that grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfill its part of the agreement.

Article 13 – Delivery and execution

BIMA will exercise the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to BIMA.
Subject to what is stated in Article 4 of these general terms and conditions, BIMA will execute accepted orders with due speed, but at the latest within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, BIMA will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with BIMA until the moment of delivery to the consumer or a representative designated in advance and made known to BIMA, unless expressly agreed otherwise.

Article 14 – Continuing performance contracts: duration, termination and extension

Termination:

The consumer can terminate an agreement entered into for an indefinite period, which provides for the regular delivery of products or services, at any time,

with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can terminate an agreement entered into for a definite period, which provides for the regular delivery of products or services, at any time at the end of the definite period, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:

at any time and not be limited to termination at a specific time or in a specific period;
at least in the same way as they entered into these agreements;
always with the same notice period as BIMA has stipulated for itself.

Extension:

An agreement entered into for a definite period, which provides for the regular delivery of products or services, may not be tacitly extended or renewed for a definite duration.
Notwithstanding the previous paragraph, an agreement entered into for a definite period may be tacitly extended for a definite period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a definite period, which provides for the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month.

Duration:

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

Article 15 – Payment

Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 (fourteen) days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 (fourteen) days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period begins on the day after the consumer has received confirmation of the agreement.
In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to report inaccuracies in provided or stated payment data to BIMA without delay.
If the consumer does not meet their payment obligation(s) on time, after being informed by BIMA of the late payment and BIMA has granted the consumer a period of 14 (fourteen) days to still meet their payment obligations, after payment has not been made within this 14-day period, they owe the statutory interest on the outstanding amount and BIMA is entitled to charge the extrajudicial collection costs incurred by it. These collection 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,=. BIMA can deviate from the stated amounts and percentages to the benefit of the consumer.

Article 16 – Complaints procedure

BIMA has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to BIMA within a reasonable time after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to BIMA will be answered within a period of 14 (fourteen) days from the date of receipt. If a complaint requires a foreseeably longer processing time, BIMA will respond within the 14 (fourteen) day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.

Article 17 – Disputes

Agreements between BIMA and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. All disputes arising from the agreement and/or these general terms and conditions will be submitted to the competent court of the district where BIMA is established.

Article 18 – Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions must 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.

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