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All rights reserved by:

Hots Hair Tech B.V.
Zilverlinde 12
7131 MN Lichtenvoorde
Netherlands

Chamber of Commerce number:
VAT number:

Table of Contents:

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Consumer obligations during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - Price
Article 12 - Fulfillment and additional 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 whereby the consumer acquires products, digital content, and/or services in connection with a distance agreement, and these goods, digital content, and/or services are delivered by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur.
• Reflection period: the period within which the consumer can exercise the right of withdrawal.
• Consumer: the natural person who is not acting for purposes related to his trade, business, craft, or professional activity.
• Day: calendar day.
• Digital content: data produced and delivered in digital form.
• Duration agreement: an agreement that extends to the regular supply of goods, services, and/or digital content over a specified period.
• Durable data carrier: any tool, including e-mail, that enables the consumer or entrepreneur to store information personally addressed to him in a way that allows future consultation or use over a period that is tailored to the purpose for which the information is intended and that allows the unchanged reproduction of the stored information.
• Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the reflection period.
• Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance.
• Distance agreement: an agreement that is concluded between the entrepreneur and the consumer as part of a system for the sale of products, digital content, and/or services at a distance, where, up to and including the conclusion of the agreement, one or more remote communication techniques are exclusively or partly used.
• Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be made available if the consumer has no right of withdrawal regarding their order.
• Remote communication technique: any means that can be used to conclude an agreement without the consumer and entrepreneur being in the same location at the same time.

Article 2 - Identity of the Entrepreneur

Hots Hair Tech B.V.
Zilverlinde 12, 7131 MN Lichtenvoorde
Email address: hello@hotshairtech.com

Chamber of Commerce number:
VAT number: 

Article 3 - Applicability

These terms and conditions apply to every offer made by the entrepreneur and every agreement concluded at a distance between the entrepreneur and the consumer.
Before concluding the distance agreement, the text of these terms and conditions will be made available to the consumer. If this is reasonably not possible, the entrepreneur will indicate before the agreement is concluded how the terms and conditions can be reviewed by the consumer and that they will be sent free of charge upon the consumer's request.

If the distance agreement is concluded electronically, the text of these terms and conditions can be provided electronically in such a way that the consumer can easily store it on a durable data carrier. If this is reasonably not possible, before concluding the agreement, the entrepreneur will indicate where the terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge upon request.

In the event that specific product or service terms and conditions apply in addition to these general terms, the second and third paragraphs shall apply accordingly. In case of conflicting terms, the consumer may always rely on the provision that is most favorable to him.

If one or more provisions of these terms and conditions are at any time entirely or partially void or annulled, the agreement and these terms and conditions will remain in effect for the rest, and the relevant provision will be replaced by a provision that most closely reflects the original intent in mutual agreement.

Situations not regulated by these terms and conditions will be assessed "according to the spirit" of these terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained "according to the spirit" of these terms and conditions.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.
The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is detailed enough to allow the consumer to assess the offer. If the entrepreneur uses images, these are a true representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Every offer contains such information that it is clear to the consumer what rights and obligations are connected to the acceptance of the offer.

All images, specifications, and data in the offer are indicative and may not be a reason for compensation or cancellation of the agreement.
Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions in section 4, at the moment of acceptance by the consumer of the offer and fulfillment of the conditions set by the offer.

If the consumer accepts the offer electronically, the entrepreneur will immediately confirm the receipt of the consumer's acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and provide a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

Within the legal frameworks, the entrepreneur can inform themselves whether the consumer can meet their payment obligations and other relevant factors important for responsibly entering into the distance agreement. If the entrepreneur has good reason not to conclude the agreement based on this investigation, they are entitled to refuse a order or request or to impose special conditions on the execution.

The entrepreneur will send the following information in writing or in a way that allows the consumer to store it on a durable medium in an accessible way at the latest upon delivery of the product, service, or digital content:

• The address of the entrepreneur's establishment where the consumer can address complaints;
• The conditions and method for the consumer to exercise their right of withdrawal or a clear notice of the exclusion of the right of withdrawal;
• Information on warranties and existing after-sales services;
• The price, including all taxes for the product, service, or digital content; if applicable, the delivery costs; and the method of payment, delivery, or execution of the agreement;
• The requirements for termination of the agreement if the agreement is for more than one year or indefinite;
• If the consumer has a right of withdrawal, the model withdrawal form.

In the case of a long-term transaction, the provision in the previous section applies only to the first delivery.

Any agreement is concluded under the condition of the availability of the relevant products.

Article 6 - Right of Withdrawal

For products:

The consumer can cancel an agreement regarding the purchase of a product within a reflection period of at least 14 days without providing any reason. The entrepreneur may ask the consumer for the reason for the withdrawal, but they cannot obligate the consumer to provide the reason(s).

The reflection period referred to in section 1 starts the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:

• If the consumer has ordered multiple products in a single order: the day the consumer, or a third party designated by the consumer, receives the last product.
• If the delivery of a product consists of multiple shipments or parts: the day the consumer, or a third party designated by the consumer, receives the last shipment or part.
• For agreements for the regular delivery of products over a period: the day the consumer, or a third party designated by the consumer, receives the first product.

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

The consumer can cancel an agreement for services and digital content not supplied on a physical medium within at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for the withdrawal, but they cannot obligate the consumer to provide the reason(s).

The reflection period referred to in section 3 starts the day after the agreement is concluded.

Extended reflection period for products, services, and digital content not supplied on a physical medium if the entrepreneur fails to inform about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information regarding the right of withdrawal or the model withdrawal form, the reflection period will expire 12 months after the end of the original reflection period set in accordance with the previous sections.

If the entrepreneur provides the required information to the consumer within 12 months of the start of the original reflection period, the reflection period expires 14 days after the consumer receives this information.

Article 7 - Consumer's Obligations During the Reflection Period

During the reflection period, the consumer will handle the product and packaging with care. The product should only be unpacked or used to the extent necessary to assess the nature, characteristics, and functioning of the product. The consumer may only handle and inspect the product as they would in a store.

The consumer is only liable for any reduction in value of the product that results from handling the product beyond what is necessary to determine its nature, characteristics, and functioning.

The consumer is not liable for any reduction in value of the product if the entrepreneur has not provided all the legally required information regarding the right of withdrawal before or at the time of concluding the agreement.

Article 8 - Exercising the Right of Withdrawal by the Consumer and Costs Involved

If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the reflection period using the model withdrawal form or another unambiguous statement.

The consumer must return the product as soon as possible, but within 14 days of the notification of withdrawal, either by handing it over to the entrepreneur or a representative. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has met the return deadline if they return the product before the reflection period has expired.

The consumer should return the product with all delivered accessories, in original condition and packaging, if reasonably possible, and in accordance with the reasonable and clear instructions given by the entrepreneur.

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 the entrepreneur has not informed the consumer that they must bear these costs or if the entrepreneur agrees to bear the costs themselves, the consumer does not have to pay the return costs.

If the consumer withdraws after explicitly requesting the commencement of a service or delivery of goods (e.g., gas, water, electricity) not yet ready for sale but produced in limited quantity or amount, they owe the entrepreneur an amount proportionate to the part of the obligation that has been fulfilled by the entrepreneur at the moment of withdrawal.

The consumer will not incur costs for services or the delivery of water, gas, or electricity not ready for sale, or for the delivery of district heating if:

• The entrepreneur did not provide the legally required information regarding the right of withdrawal, the costs for withdrawal, or the model withdrawal form; or
• The consumer did not explicitly request the commencement of the service or delivery during the reflection period.

The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a physical medium if:

• They did not explicitly consent to the commencement of the fulfillment of the agreement before the end of the reflection period;
• They did not acknowledge that they lose their right of withdrawal upon giving consent; or
• The entrepreneur failed to confirm this declaration by the consumer.

If the consumer exercises their right of withdrawal, all supplementary agreements are also automatically terminated.

Article 9 - Obligations of the Entrepreneur in Case of Withdrawal

If the entrepreneur enables the consumer to notify withdrawal electronically, they will immediately confirm receipt of the withdrawal notification upon receipt.

The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but no later than 14 days from the day the entrepreneur is informed of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may withhold the reimbursement until they receive the product or until the consumer provides proof of returning the product, whichever occurs first.

The entrepreneur uses the same payment method for reimbursement as the one used by the consumer, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.

If the consumer has chosen a more expensive method of delivery than the standard cheapest option, the entrepreneur is not obligated to reimburse the additional costs of the more expensive method.

Article 10 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for the following products and services, but only if the entrepreneur has clearly indicated this in the offer, at least before the agreement is concluded:

• Products or services whose price is dependent on fluctuations in the financial market that the entrepreneur has no control over and which may occur during the reflection period;
• Agreements concluded during a public auction. A public auction is understood as a sales method where products, digital content, and/or services are offered to the consumer who is present or has the possibility to be present at the auction, under the direction of an auctioneer, and the successful bidder is required to take the products, digital content, and/or services;
• Service agreements after complete performance of the service, but only if:
  • The performance started with the explicit prior consent of the consumer; and
  • The consumer declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;
• Package travel agreements as referred to in article 7:500 BW and agreements for transportation of persons;
• Service agreements for the provision of accommodation, if the agreement specifies a certain date or period of performance, and not for residential purposes, goods transportation, car rental, and catering;
• Agreements concerning leisure activities, if the agreement specifies a certain date or period of performance;
• Custom-made products according to the specifications of the consumer, which are not prefabricated and are made according to the consumer's individual choice or decision, or are clearly intended for a specific person;
• Products that spoil quickly or have a limited shelf life;
• Sealed products that, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery;
• Products that, after delivery, have become inseparably mixed with other products;
• Alcoholic beverages whose price was agreed upon at the time of the agreement, but which can only be delivered after 30 days, and whose actual value depends on fluctuations in the market that the entrepreneur has no control over;
• Sealed audio, video recordings, and computer software, whose seal has been broken after delivery;
• Newspapers, magazines, or periodicals, except for subscriptions;
• The delivery of digital content not on a physical medium, but only if:
  • The performance started with the explicit prior consent of the consumer; and
  • The consumer has declared that they lose their right of withdrawal.

Article 11 - The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, unless price changes are the result of changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependency on fluctuations and the fact that any listed prices are indicative will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.

Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

• They result from 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.

All prices are subject to typographical and printing errors. The entrepreneur is not liable for the consequences of typographical or printing errors. In case of typographical or printing errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 12 - Fulfillment of the Agreement and Extra Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of quality and/or usability, and the applicable legal provisions and/or government regulations existing at the time the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

An additional warranty provided by the entrepreneur, its supplier, manufacturer, or importer never limits the legal rights and claims the consumer can assert against the entrepreneur if the entrepreneur fails to fulfill its part of the agreement.

An additional warranty is defined as any obligation by the entrepreneur, its supplier, importer, or manufacturer in which it grants the consumer certain rights or claims beyond what it is legally obligated to provide in case of non-fulfillment of the agreement.

The warranty does not apply if:

• The consumer has repaired and/or modified the delivered products themselves or has had them repaired or modified by third parties;
• The delivered products have been exposed to abnormal conditions or are handled carelessly or in violation of the entrepreneur's instructions and/or packaging instructions;
• The defect is entirely or partially the result of government regulations regarding the nature or quality of the applied materials.

Article 13 - Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for services.

The delivery address will be the address provided by the consumer to the entrepreneur.

Subject to the provisions mentioned in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than 30 days, unless another delivery term has been agreed upon. If delivery is delayed or a product cannot be delivered or only partially delivered, the consumer will be informed no later than 30 days after placing the order. In such cases, the consumer has the right to cancel the agreement without any cost.

After cancellation in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.

All delivery times are indicative. The consumer cannot derive any rights from the mentioned times. Exceeding a delivery period does not entitle the consumer to compensation.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative known to the entrepreneur, unless otherwise agreed.

Article 14 - Duration Transactions: Duration, Termination, and Extension

Termination:

• The consumer may terminate an agreement for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, observing the agreed-upon termination rules and a notice period of no more than one month.
• The consumer may terminate an agreement for a definite period and which involves the regular delivery of products (including electricity) or services at any time before the end of the agreed period, observing the agreed-upon 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 within a specific period;
  • At least in the same manner in which they were entered into by the consumer;
  • Always with the same notice period that the entrepreneur has set for themselves.

Extension:

• An agreement for a definite period and which involves the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a specific period.
• Notwithstanding the previous paragraph, an agreement for a definite period and which involves the regular delivery of daily, weekly, or monthly newspapers and magazines may be automatically extended for a maximum period of three months, provided 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 for a definite period and which involves the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate it 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 the regular delivery of newspapers and magazines less than once a month.
• An agreement with a limited duration for the regular delivery of newspapers and magazines (trial or introductory subscription) does not automatically continue and ends after the trial or introductory period.

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 fairness and equity prevent termination before the end of the agreed duration.

Article 15 - Payment

Unless otherwise stated in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of services, this period starts the day after the consumer receives the confirmation of the agreement.

When selling products to consumers, the consumer may never be required to make an advance payment of more than 50%. When advance payment is agreed upon, the consumer may not claim any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.

The consumer is obliged to report inaccuracies in provided or stated payment details immediately to the entrepreneur.

If the consumer does not meet their payment obligations on time, they are, after being reminded by the entrepreneur and being given a term of 14 days to still meet their payment obligations, liable for paying the statutory interest on the outstanding amount. The entrepreneur is also entitled to charge extrajudicial collection costs, which amount to a maximum of 15% for outstanding amounts up to €2,500, 10% for the next €2,500, and 5% for the next €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 well-known complaints procedure and will handle complaints according to this procedure.

Complaints regarding the execution of the agreement must be submitted in full and clearly to the entrepreneur within a reasonable time after the consumer has discovered the defects.

Consumers should first contact the entrepreneur in case of complaints. Complaints can also be submitted via the European ODR platform (http://ec.europa.eu/odr).

Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment and an indication of when the consumer can expect a more detailed response.

The consumer must give the entrepreneur at least 4 weeks to resolve the complaint amicably. After this period, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 17 - Disputes

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

The Vienna Sales Convention does not apply.

Article 18 - Additional or Deviating Provisions

Any additional 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 on a durable data carrier in an accessible manner.

Annex I: Model Withdrawal Form

Model withdrawal form (only fill in and return this form if you wish to withdraw from the agreement)

To: [entrepreneur's name]
[entrepreneur's geographical address]
[entrepreneur's fax number, if available]
[entrepreneur's email address or electronic address]

I/We* hereby notify you that I/we* withdraw from our agreement regarding the sale of the following products: [product description]* the delivery of the following digital content: [digital content description]* the performance of the following service: [service description], withdrawn/withdrawn
Ordered on*/received on* [order date for services or date of receipt for products]
[Name of consumer(s)]
[Address of consumer(s)]
[Signature of consumer(s)] (only if this form is submitted on paper)
[Date]

• Delete what does not apply or fill in what applies.

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