General terms and conditions

Table of contents:

Article 1 - Definitions

Article 2 - Identity of Kissr. Cosmetics

Article 3 - Applicability

Article 4 - The offer

Article 5 - The Agreement

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the cooling-off period

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

Article 9 - Obligations of kissr. Cosmetics upon withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Compliance and additional warranty

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 general terms and conditions the following terms are understood to mean:

Supplementary agreement : an agreement whereby the consumer acquires products, digital content, and/or services under a distance contract and these products, digital content, and/or services are supplied by kissr. Cosmetics or by a third party based on an agreement between that third party and kissr. Cosmetics;
Reflection period : the period within which the consumer can exercise his right of withdrawal;
Consumer : the natural person who is not acting for purposes relating to his trade, business, craft or profession;
Day : calendar day;
Digital content : data produced and supplied in digital form;
Long-term agreement : an agreement that provides for the regular delivery of goods, services and/or digital content over a specific period;
Durable data carrier : any instrument – including email – that enables the consumer or the entrepreneur to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate to the purpose for which the information is intended and which allows for the unchanged reproduction of the stored information;
Right of withdrawal : the option for the consumer to cancel the distance contract within the cooling-off period;
Distance contract : an agreement concluded between kissr. Cosmetics and the consumer within the framework of an organized system for the distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or partly use is made of one or more techniques for distance communication;
Model withdrawal form : the European model withdrawal form included in Appendix I to these terms and conditions;

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

Remote communication technology : means that can be used to conclude an agreement, without the consumer and trader having to meet in the same place at the same time;

Article 2 – Identity of Kissr. Cosmetics

Entrepreneur's name (statutory name, possibly supplemented with trade name); Kissr Cosmetics is part of JFR Branding BV

Business address: Blankenstein 660H, 7943 PA Meppel, Netherlands

Email address or other electronic communication tool offered to the consumer with the same functionality as email; Kissr.official@gmail.com

Article 3 – Applicability

These terms and conditions apply to every offer from Kissr. Cosmetics 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, Kissr. Cosmetics will indicate before the distance contract is concluded how the general terms and conditions are available for inspection at Kissr. Cosmetics 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 may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise 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 apply accordingly and, in the event of conflicting conditions, the consumer can 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 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 enable the consumer to properly assess the offer. If Kissr. Cosmetics uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer are not binding on Kissr. Cosmetics.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
When we offer a Buy 1 Get 1 Free promotion on the website, it applies to products with a minimum sales price of €19.95.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
If the consumer has accepted the offer electronically, Kissr . Cosmetics will immediately confirm receipt of acceptance of the offer electronically. As long as Kissr . Cosmetics has not confirmed receipt of this acceptance, the consumer may terminate the agreement. After receiving this confirmation, the consumer can no longer terminate or cancel the agreement; however, the consumer can exercise the right of withdrawal (Article 6).
If the agreement is concluded electronically, Kissr. Cosmetics 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, Kissr. Cosmetics will implement appropriate security measures.
Kissr. Cosmetics may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, Kissr. Cosmetics has good reason not to enter into the contract, it is entitled to reject an order or request with reasons or to impose special conditions on its execution.
Kissr. Cosmetics will provide the following information, in writing or in a form that allows the consumer to store it in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service, or digital content to the consumer:

the visiting address of the Kissr. Cosmetics branch where consumers can file complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about warranties and existing after-sales service;
the price inclusive of all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.

In the case of a long-term transaction, the provisions of the previous paragraph only apply to the first delivery.

Article 6 – Right of withdrawal

The consumer can cancel a product purchase agreement within a cooling-off period of at least 14 (fourteen) days without giving any reason. Kissr. Cosmetics may ask the consumer for the reason for cancellation, but is not obligated to state their reason(s).
The reflection period referred to in paragraph 1 commences 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 the consumer, received the last product. Kissr. Cosmetics may refuse an order for multiple products with different delivery times, provided that the consumer has been clearly informed of this prior to the ordering process.
if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last shipment or the last part;
for contracts for regular delivery of products over a specific period: the day on which the consumer, or a third party designated by the consumer, has received the first product.

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

The consumer can cancel a service agreement or an agreement for the delivery of digital content not delivered on a tangible medium within 14 days without giving any reason. Kissr. Cosmetics may ask the consumer for the reason for cancellation, but is not obligated to state their reason(s).
The reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content not delivered on a tangible medium if no information is provided about the right of withdrawal:

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

Article 7 – Obligations of the consumer 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 determine 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 the handling of 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 Kissr. Cosmetics did not provide them with all legally required information about the right of withdrawal before or at the time of concluding 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 Kissr. Cosmetics of this within the cooling-off period using 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 must return the product or hand it over to (an authorized representative of) Kissr. Cosmetics. This is not necessary if Kissr. Cosmetics has offered to collect the product itself. 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 Kissr. Cosmetics.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If Kissr. Cosmetics has not informed the consumer that these costs must be borne, or if Kissr. Cosmetics indicates that it will bear the costs itself, the consumer does not have to bear the return costs.
The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium if:

he has not expressly agreed, prior to delivery, to the commencement of performance of the agreement before the end of the cooling-off period;
he has not acknowledged that he loses his right of withdrawal by giving his consent; or
Kissr. Cosmetics was unable to confirm this consumer statement.

If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of Kissr. Cosmetics upon withdrawal

If Kissr. Cosmetics allows the consumer to notify the withdrawal electronically, it will immediately send an acknowledgement of receipt after receiving this notification.
Kissr. Cosmetics will reimburse all payments made by the consumer, including any delivery costs charged by Kissr. Cosmetics for the returned product, without delay but within 30 (thirty) days following the day on which the consumer notified Kissr. Cosmetics of the withdrawal. Unless Kissr. Cosmetics offers to collect the product itself, it may withhold reimbursement until it has received the product or until the consumer proves that they have returned the product, whichever is earlier.
Kissr. Cosmetics will use the same payment method the consumer used for refunds, unless the consumer agrees to a different method. Refunds are free of charge for the consumer.
If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, Kissr. Cosmetics is not obligated to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

Kissr. Cosmetics may exclude the following products and services from the right of withdrawal, but only if Kissr. Cosmetics has clearly stated this in the offer, at least in good time before concluding the agreement:

Products or services whose price is subject to fluctuations in the financial market over which Kissr. Cosmetics has no influence and which may occur within the withdrawal period;
Service agreements, after full performance of the service, but only if:

the performance has begun with the consumer's express prior consent; and
the consumer has stated that he loses his right of withdrawal once Kissr. Cosmetics has fully performed the agreement;

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, the transport of goods, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance thereof;
Products manufactured to consumer specifications which are not prefabricated and which are used in their manufacture 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 which are not suitable for return for reasons of health protection or hygiene and were unsealed after delivery;
Products which after delivery are irreversibly mixed with other products by their nature;
Alcoholic beverages, the price of which was agreed upon at the time the agreement was concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which Kissr. Cosmetics has no influence;
Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, periodicals or magazines, except for subscriptions to these;
The supply of digital content other than on a tangible medium, but only if:

the performance has begun with the consumer's express prior consent; and
the consumer has stated 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 will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, Kissr. Cosmetics may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which Kissr. Cosmetics has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from three months after the agreement is concluded are only permitted if Kissr. Cosmetics has stipulated this and:

these are the result of statutory regulations or provisions; or
the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

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

Article 12 – Compliance with the agreement and additional warranty

Kissr. Cosmetics warrants 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 legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed upon, Kissr. Cosmetics also warrants that the product is suitable for other than normal use.
An additional warranty provided by Kissr. Cosmetics, its supplier, manufacturer, or importer never limits the statutory rights and claims the consumer can assert against Kissr. Cosmetics under the agreement if Kissr. Cosmetics has failed to fulfill its part of the agreement.
An extended warranty refers to any commitment from Kissr. Cosmetics, its supplier, importer, or manufacturer that grants the consumer rights or claims beyond what is legally required in the event of failure to fulfill its part of the agreement.

Article 13 – Delivery and execution

Kissr. Cosmetics will exercise the utmost care when receiving and fulfilling orders for products and when assessing requests for service.
The place of delivery is the address that the consumer has provided to Kissr. Cosmetics.
Subject to the provisions of Article 4 of these terms and conditions, Kissr. Cosmetics will fulfill accepted orders expeditiously, but no later than 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, 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 terminate the agreement free of charge and is entitled to any compensation.
After termination in accordance with the previous paragraph, Kissr. Cosmetics will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with Kissr. Cosmetics until the moment of delivery to the consumer or a previously designated representative made known to Kissr. Cosmetics, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, termination and extension

Cancellation:

The consumer may at any time cancel an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (possibly with notice of termination of the agreement) or services.

cancel in accordance with the agreed cancellation rules and a notice period of no more than one month.

The consumer may terminate an agreement concluded for a definite period and which extends to the regular delivery of products (electricity or other services) at any time towards the end of the fixed term, taking into account agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:

cancel at any time and not be limited to cancellation at a specific time or during a specific period;
at least cancel in the same manner as in which he entered into these agreements;
Always cancel with the same notice period as Kissr. Cosmetics has stipulated for itself.

Extension:

An agreement entered into for a fixed period and which provides for the regular delivery of products or services cannot be tacitly extended or renewed for a fixed period.
By way of exception to the previous paragraph, an agreement concluded for a fixed period may be tacitly extended for a fixed period of up to three months, if the consumer can cancel this extended agreement at the end of the extension period with a notice period of no more than one month.
An agreement entered into for a fixed period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel 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 may 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 stated in the agreement or additional terms, 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 concluding the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer receives confirmation of the agreement.
When selling products to consumers, the general terms and conditions may never obligate the consumer to pay more than 50% in advance. If an advance payment is agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.
The consumer has the duty to immediately report any inaccuracies in payment information provided or stated to Kissr. Cosmetics.
If the consumer does not meet their payment obligation(s) on time, after Kissr. Cosmetics has informed them of the late payment and Kissr. Cosmetics has granted the consumer a period of 14 (fourteen) days to still meet their payment obligations, if payment is not made within this 14-day period, the consumer will owe statutory interest on the amount still owed and Kissr. Cosmetics will be entitled to charge the extrajudicial collection costs incurred by them. 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. Kissr. Cosmetics may deviate from the stated amounts and percentages to the benefit of the consumer.

Article 16 – Complaints procedure

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

Article 17 – Disputes

Agreements between Kissr. Cosmetics and the consumer to which these terms and conditions apply are governed exclusively by Dutch law. All disputes arising from the agreement and/or these terms and conditions will be submitted to the competent court in the district where Kissr. Cosmetics has its registered office.

Article 18 – Additional or deviating provisions

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 in an accessible manner on a durable data carrier.