TERMS AND CONDITIONS

General Terms and Conditions Table of contents:

Article 1 - Definitions Article

2 - Identity of the operator Article

3 - Applicability Article

4 - The offer Article 5 - The agreement Article

6 - Right of withdrawal Article

7 - Obligations of the consumer during the withdrawal period Article

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

9 - Obligations of the operator upon withdrawal Article

10 - Exclusion of the right of withdrawal Article

11 - The price Article

12 - Performance and additional guarantee Article

13 - Delivery and performance Article

14 - Duration transactions Duration, termination and extension Article

15 - Payment Article

16 - Complaints procedure Article

17 - Disputes Article

18 - Additional or different provisions

Article 1 -

Definitions In these terms and conditions, the following terms are defined as follows:

Ancillary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Continuing performance contract: a contract for the regular supply of goods, services and/or digital content for a defined period of time;
Durable data carrier: any device - including e-mail - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
Right of withdrawal: the consumer's option to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;
Distance contract: a contract concluded between the entrepreneur and the consumer under an organised distance sales system for products, digital content and/or services, where, up to and including the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication;
Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not need to be made available if the consumer does not have a right of withdrawal with regard to his order;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to come together in the same room at the same time.

Article 2 - Identity of the entrepreneur

Name of the entrepreneur: Ousmane Barry

Business address: Johan van Oldenbarneveltlaan

Telephone number: 0614591896

E-mail address: info@ousmeticsnl.com

Chamber of Commerce number: 85525154

VAT identification number: NL004109601B55

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the remote agreement is concluded, indicate in what way the general terms and conditions can be inspected at the entrepreneur's premises 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, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can 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 inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favourable to him.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each 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

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
The entrepreneur may within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while stating reasons.
The Entrepreneur shall, no later than at the time of delivery of the product, service or digital content, send the Consumer the following information, in writing or in such a way that the Consumer can store it in an accessible manner on a long-term data carrier: a. the visiting address of the Entrepreneur's business establishment where the Consumer may lodge complaints; b. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal; c. the information on guarantees and existing after-sales service; d. the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract; e. the requirements for cancelling the contract if the contract has a duration of more than one year or is of indefinite duration; f. if the consumer has a right of withdrawal, the model form for withdrawal.
In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

With products:

The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
The withdrawal period mentioned in paragraph 1 starts 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: a. if the consumer has ordered several products in one order: the day on which the consumer, or a third party designated by him, has received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with a different delivery time. b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part; c. in the case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

In the case of services and digital content not supplied on a tangible medium:

The consumer may dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
The reflection period referred to 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 in case of failure to inform about the right of withdrawal:

If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires 12 months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the trader has provided the consumer with the information referred to in the previous paragraph within 12 months after the effective date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the reflection period

During the reflection period, the consumer shall handle the product and its packaging with care. He shall 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 he would be allowed to do in a shop.
The consumer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1.
The consumer is not liable for depreciation of the product if the trader did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the contract.

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

If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorised representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any case if he returns the product before the cooling-off period has expired.
The consumer returns the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer shall bear the direct costs of returning the product. If the trader has not indicated that the consumer should bear these costs or if the trader indicates that the consumer should bear the costs himself, the consumer shall not have to bear the return costs.
If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity starts during the withdrawal period, the consumer owes the entrepreneur an amount proportional to that part of the commitment fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfilment of the commitment.
The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if: a. the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal, the reimbursement of costs in case of withdrawal or the model form for withdrawal, or; b. the consumer has not explicitly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the withdrawal period.
The consumer shall not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium if: a. he has not expressly consented to the commencement of performance of the contract before the end of the cooling-off period prior to its delivery; b. he has not acknowledged losing his right of withdrawal when giving his consent; or; c. the trader has failed to confirm this statement by the consumer.
If the consumer makes use of his right of withdrawal, all additional contracts shall be dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal

If the trader enables the consumer to notify his withdrawal electronically, he shall send an acknowledgement of receipt of this notification without delay.
The entrepreneur reimburses all payments of the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait with reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
For reimbursement, the entrepreneur shall use the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method. dissolved.

Article 10 - Exclusion of right of withdrawal

The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this when making the offer, or at least in good time before concluding the contract:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
Contracts concluded during a public auction. A public auction is understood to mean a method of sale in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the guidance of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
Contracts for services, after full performance of the service, but only if: a. the performance has started with the express prior consent of the consumer; and b. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the contract;
Package holidays as referred to in Article 7:500 of the Dutch Civil Code and passenger transport contracts;
Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, carriage of goods, car rental services and catering;
Contracts relating to leisure activities, if the contract provides for a specific date or period of performance thereof;
Products manufactured to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by 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 to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
Products that, after delivery, are by their nature irrevocably mixed with other products;
Alcoholic beverages of which the price has been agreed upon at the conclusion of the agreement, but of which the delivery can only take place after 30 days, and of which the actual value depends on fluctuations in the market over which the entrepreneur has no influence;
The delivery of digital content other than on a material carrier, but only if: a. the performance has started with the consumer's explicit prior consent; and b. the consumer has declared that he thereby loses his right of withdrawal.

Article 11 - The price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices shall be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and: a. they are the result of legal regulations or stipulations; or b. the consumer is authorised to terminate the agreement as of the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.

Article 12 - Compliance with the agreement and additional guarantee

The entrepreneur 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 existing statutory provisions and/or government regulations on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfil his part of the agreement.
Extra warranty means any commitment by the entrepreneur, his supplier, importer or manufacturer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfil his part of the agreement.

Article 13 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders of products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of the stipulations in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with convenient speed but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.
After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount the consumer has paid without delay.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 14 - Duration transactions: duration, termination and renewal

Termination:

The consumer may at any time terminate an open-ended contract that has been concluded for the regular supply of products (including electricity) or services, subject to agreed termination rules and a maximum notice period of one month.
The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term in accordance with the applicable termination rules and a period of notice that does not exceed one month.
The consumer may terminate the agreements referred to in the previous paragraphs: - terminate them at any time and not be limited to termination at a specific time or in a specific period; - terminate them at least in the same way as they were entered into by him; - always terminate them with the same notice period as the entrepreneur has stipulated for himself.

Renewal:

A contract entered into for a definite period and which extends to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.
A fixed-term contract that has been concluded for the regular supply of products or services may be tacitly extended for an indefinite period only if the consumer may terminate it at any time with a notice period not exceeding one month. The notice period shall not exceed three months in case the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A limited duration contract to regularly deliver daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration:

If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding 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 terms, the amounts owed by the consumer must be paid within 14 days from the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days from the conclusion of the agreement. In the case of a service agreement, this period starts 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 make an advance payment of more than 50%. When an advance payment is agreed upon, the consumer cannot assert any right regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.
The consumer has the duty to promptly report any inaccuracies in provided or stated payment details to the entrepreneur.
If the consumer fails to meet his payment obligations in a timely manner, after being notified by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to fulfill his payment obligations, and payment remains outstanding within this 14-day period, the consumer is liable to pay statutory interest on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500; and 5% on the subsequent €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages in favor of the consumer

Article 16 - Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed response.
The consumer must allow the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 17 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 18 - Supplementary or Deviating Provisions

Supplementary 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 medium.