CurlyTools Terms and Conditions

Article 1 - Definitions

• Supplementary Agreement: An agreement 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 entrepreneur or by a third party based on an agreement between that third party and the entrepreneur.
• Cooling-Off Period: The period within which the consumer can exercise their right of withdrawal.
• Consumer: The natural person who does not act for purposes related to their trade, business, craft, or profession.
• Day: Calendar day.
• Digital Content: Data produced and supplied in digital form.
• Continuing Performance Contract: A contract that involves the regular delivery of goods, services, and/or digital content over a certain period.
• Durable Medium: Any device - including email - that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows future consultation or use for a period that is tailored to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information.
• Right of Withdrawal: The consumer’s option to withdraw from the distance contract within the cooling-off period.
• Entrepreneur: CurlyTools, established at Buitenvaart 1011-26, 7905SB Hoogeveen, Netherlands.
• Distance Contract: A contract concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content, and/or services, whereby up to and including the conclusion of the contract, exclusive or joint use is made of one or more techniques for distance communication.
• Model Withdrawal Form: The European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer does not have a right of withdrawal concerning their order.
• Technique for Distance Communication: Means that can be used to conclude a contract without the consumer and entrepreneur being in the same room at the same time.

Article 2 - Identity of the Entrepreneur

• Name: CurlyTools
• Business Address: Buitenvaart 1011-26, 7905SB Hoogeveen
• Email Address: info@curlytools.nl
• Chamber of Commerce Number: 75227886

Article 3 - Applicability

These general terms and conditions apply to every offer from CurlyTools and every distance contract concluded between CurlyTools and the consumer. The general terms and conditions are clearly stated on the CurlyTools website and reiterated during the purchase process. By agreeing to the terms and conditions during the purchase process, the contract is immediately established.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer. The offer includes a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If CurlyTools uses images, these are truthful representations of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind CurlyTools. Each offer contains the information necessary for the consumer to understand the rights and obligations associated with 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 meets the associated conditions. If the consumer has accepted the offer electronically, CurlyTools will immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed by CurlyTools, the consumer may dissolve the agreement.

If the agreement is concluded electronically, CurlyTools will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, CurlyTools will take appropriate security measures.

CurlyTools may, within legal frameworks, investigate 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, based on this investigation, CurlyTools has good reasons not to enter into the agreement, it is entitled to refuse an order or application, stating reasons, or to attach special conditions to the execution.

CurlyTools will provide the consumer with the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, at the latest upon delivery of the product, service, or digital content:

• The visiting address of the CurlyTools establishment where the consumer can lodge 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;
• Information on warranties and existing after-purchase services;
• The price, including all taxes, of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or execution of the distance contract;
• The requirements for terminating the agreement if the contract 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 continuing performance contract, the provision in the previous paragraph only applies to the first delivery. Purchases via the CurlyTools webshop are immediately concluded when the consumer agrees to the general terms and conditions during the purchase process.

Article 6 - Right of Withdrawal

For products:

• The consumer can dissolve an agreement related to the purchase of a product during a cooling-off period of at least 14 days without giving any reason. CurlyTools may ask the consumer for the reason for withdrawal but cannot require the consumer to state their reason(s).
• The cooling-off period begins on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product.

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

• The consumer can dissolve a service agreement and an agreement for the delivery of digital content not delivered on a tangible medium during a cooling-off period of at least 14 days without giving any reason. CurlyTools may ask the consumer for the reason for withdrawal but cannot require the consumer to state their reason(s).
• The cooling-off period begins on the day following the conclusion of the agreement.

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

• If CurlyTools 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.
• If CurlyTools provides the information referred to in the previous paragraph within 12 months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 - Consumer Obligations During the Cooling-Off Period

During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics, and operation of the product. The basic principle is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.

The consumer is only liable for a reduction in the value of the product that results from handling the product beyond what is permitted in paragraph 1.

The consumer is not liable for any reduction in the value of the product if CurlyTools did not provide all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercising the Consumer’s Right of Withdrawal and Costs

If the consumer exercises their right of withdrawal, they must notify CurlyTools within the cooling-off 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, the consumer will return the product or hand it over to (an authorized representative of) CurlyTools. This is not necessary if CurlyTools has offered to collect the product itself. The consumer has observed the return period if they return the product before the cooling-off period has expired.

The consumer will return the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by CurlyTools.

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 unless CurlyTools has not informed the consumer that they must bear these costs or if CurlyTools indicates that it will bear the costs itself.

If the consumer withdraws after first expressly requesting that the performance of the service or the supply of digital content begin during the cooling-off period, the consumer owes CurlyTools an amount proportional to that part of the obligation fulfilled by CurlyTools at the time of withdrawal.

The consumer does not bear any costs for the performance of services or the supply of digital content if:

• CurlyTools has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form; or
• The consumer has not expressly requested the commencement of the performance of the service or delivery of digital content during the cooling-off period.

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

• They did not explicitly agree to begin the performance of the agreement before the end of the cooling-off period;
• They did not acknowledge that they lose their right of withdrawal by giving their consent; or
• CurlyTools has failed to confirm this statement by the consumer.

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

Article 9 - Obligations of CurlyTools in Case of Withdrawal

If CurlyTools makes the notification of withdrawal by the consumer possible electronically, CurlyTools will send an acknowledgment of receipt after receiving this notification without delay.

CurlyTools will reimburse all payments made by the consumer, including any delivery costs charged by CurlyTools for the returned product, without delay and within 14 days following the day on which the consumer notified CurlyTools of the withdrawal. Unless CurlyTools offers to collect the product itself, CurlyTools may withhold reimbursement until it has received the product or the consumer provides proof of return, whichever occurs first.

CurlyTools will use the same payment method that the consumer used for reimbursement unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.

If the consumer chose a more expensive delivery method than the cheapest standard delivery, CurlyTools does not need to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the Right of Withdrawal

CurlyTools can exclude the following products and services from the right of withdrawal, but only if this was clearly stated in the offer:

• Products that spoil quickly or have a limited shelf life.
• Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery.
• Products that are irrevocably mixed with other products after delivery due to their nature.
• The delivery of digital content other than on a tangible medium, but only if:
• The execution has started with the consumer’s explicit prior consent; and
• The consumer has acknowledged that they lose their right of withdrawal by giving their consent.
• Scrunchies, clips, hairpins, and headbands cannot be returned due to hygiene reasons.
• Gift cards are non-refundable and cannot be returned.
• Used items or items not returned in their original packaging (or with damaged packaging) cannot be returned.

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.

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

Article 12 - Compliance with the Agreement and Extra Guarantee

CurlyTools guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, and the reasonable requirements of reliability and/or usability.

An extra guarantee provided by CurlyTools never limits the legal rights and claims that the consumer can assert against CurlyTools under the agreement.

Article 13 - Delivery and Execution

CurlyTools will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has provided to CurlyTools.

CurlyTools will execute accepted orders with due speed but at the latest within 30 days unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without any cost and may be entitled to compensation.

After dissolution in accordance with the previous paragraph, CurlyTools will refund the amount paid by the consumer without delay.

The risk of damage and/or loss of products rests with CurlyTools until the moment of delivery to the consumer or a pre-designated and notified representative, unless expressly agreed otherwise.

Article 14 - Continuing Performance Contracts: Duration, Termination, and Renewal

The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products or services at any time with a notice period of no more than one month.

An agreement that has been entered into for a definite period cannot be tacitly extended or renewed for a definite period.

Article 15 - Payment

Amounts owed by the consumer must be paid immediately upon purchase. CurlyTools will ship the products after receiving full payment.

Article 16 - Complaints Procedure

Complaints about the execution of the agreement must be submitted to CurlyTools via email at info@curlytools.nl within a reasonable time, but no later than 2 days after delivery, after the consumer has discovered the defects. This allows CurlyTools to provide a suitable solution.

Complaints submitted to CurlyTools will be answered within 14 days.

Article 17 - Disputes

Agreements between CurlyTools and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Disputes between the consumer and CurlyTools regarding the formation or execution of agreements can be submitted to the competent court in Assen.

Article 18 - Additional or Deviating Provisions

CurlyTools reserves the right to amend these general terms and conditions.

Article 19 - Amendment of the General Terms and Conditions

Amendments to these terms and conditions will only take effect after they have been published in an appropriate manner. In the event of applicable changes during the term of an offer, the most favorable provision for the consumer will prevail.

Article 20 - Allergic Reactions

Ingredient Information: CurlyTools strives to provide complete and accurate information about the ingredients used in the products. CurlyTools encourages customers to read this information carefully before making a purchase to ensure that they do not purchase products they may be allergic to.

Current Ingredient Lists: Although CurlyTools strives to keep the information on the website up to date, the ingredient lists may sometimes differ due to updates by manufacturers. CurlyTools is not responsible for updating these lists but advises customers to always check the product packaging for the most current

Current Ingredient Lists: Although CurlyTools strives to keep the information on the website up to date, the ingredient lists may sometimes differ due to updates by manufacturers. CurlyTools is not responsible for updating these lists but advises customers to always check the product packaging for the most current list of ingredients.

Discrepancies in Ingredient Lists: In case of discrepancies between the ingredient list on the website and the one on the product itself, CurlyTools will provide an appropriate solution, such as returning the product.

Return Policy for Discrepancies: This policy applies specifically to discrepancies in ingredient lists and not to allergic reactions.

User Responsibility: The customer is responsible for ensuring that each product is suitable for personal use, especially in the case of known allergies.

Allergic Reactions: In the event of an allergic reaction, the customer should immediately discontinue the use of the product and seek medical advice.

Return Policy for Allergic Reactions: Due to health and safety considerations, products that have caused an allergic reaction cannot be returned.

Customer Service: Customers who experience an allergic reaction are encouraged to contact CurlyTools for support and advice.

Article 21 - Damage from Products

CurlyTools is not liable for consequential damage to objects on or in which the purchased items are placed or stored. The products must be used in accordance with the (any) instructions and warnings provided. Any damage resulting from improper use or misuse of the products is not covered by CurlyTools’ liability. This also includes leakage of a bottle or packaging. It is important to carefully inspect products before use or placement. CurlyTools recommends taking precautions, such as using coasters or protective materials, to prevent damage to surfaces.

Article 22 - Rejected Returns

Our team thoroughly inspects returns. We check the caps, batch codes, general condition, and weight of the hair care products. Additionally, it is important that bottles are not sticky and that items are carefully returned. If one or more products have been used, or if there is a strong suspicion that the products have been used, or if the return shipment does not meet the other rules, CurlyTools reserves the right to reject the return of the items and not refund the purchase amount.

A rejected return can be sent back within 14 days after we have notified via email that the return is not accepted. The shipment will take place after payment of €7.95 for a return label and processing costs. Information about this will be shared via email.

Last updated on 28-05-2024