General Terms and Conditions
These General Terms and Conditions apply to all offers and deliveries of goods and services from Ombre Beauty BV hon van SAMM Europe via the website www.samm.cc published and valid from May 1, 2024.
Article 1 - Definitions
1. Ombre Beauty: Ombre Beauty BV hon. van SAMM Europe, a private limited liability company.
2. Reflection period: The period within which the consumer can make use of his right of withdrawal.
3. Consumer: Any natural person who is not acting for purposes relating to his trade, business, craft or profession.
4. Day: Calendar day.
5. Durable medium: Any instrument that enables the consumer or entrepreneur to store information in a way accessible for future consultation or use over a period of time.
6. Right of withdrawal: The possibility for the consumer to cancel the distance contract within the cooling-off period.
7. Entrepreneur: The legal entity, Webshop that offers goods, digital content and/or services remotely to consumers.
8. Distance contract: An agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement use is made of one or more techniques for distance communication.
9. Distance communication technology: Means that can be used to conclude an agreement without the consumer and entrepreneur being physically present at the same time.
Article 2 - Identity of the entrepreneur
- Entrepreneur's name: Ombre Beauty BV hon. of SAMM Europe
- Visiting address: Kroonwinningstraat 57A, 3500 Hasselt Belgium
- Phone number: +32470953365
- Accessibility: The office is only available by appointment from Monday to Friday from 10:30 am to 3:30 pm.
- Email address: service@samm.cc
- VAT identification number: BE0787946935
Article 3 - Applicability
1. These general terms and conditions apply to every offer from Ombre Beauty hon SAMM Europe www.samm.cc and to every distance contract concluded between Ombre Beauty hon SAMM Europe and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer (digitally). If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions
Terms and conditions at Ombre Beauty hon SAMM Europe can be viewed and are available at the request of the consumer
be sent free of charge as soon as possible, if necessary together with the order confirmation.
3. 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, it will be indicated before the distance contract is concluded 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.
4. In the event that specific product conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
5. Ombre Beauty hon SAMM Europe reserves the right to change these general terms and conditions at any time, provided that new general terms and conditions do not apply to agreements already concluded and do not apply until after publication on the website of Ombre Beauty hon SAMM Europe www.samm.cc.
6. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Belgian law.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer.
to make possible. The images used by Ombre Beauty hon SAMM Europe are a
truthful representation of the products offered. Obvious mistakes or errors in the offer do not bind Ombre Beauty hon SAMM Europe.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
- the price including taxes;
- any costs of delivery;
- the manner in which the agreement will be concluded and the actions required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the identity of the company and its geographical address;
- the period for accepting the offer, or the period within which the entrepreneur
price guarantee;
- whether the agreement is archived after it has been concluded, and if so, in what manner
this can be consulted by the consumer;
- the manner in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if necessary, correct it;
- any other languages ​​in which, in addition to Dutch, the agreement may be concluded;
- the codes of conduct to which Ombre Beauty has submitted and the manner in which the consumer can consult these codes of conduct electronically.
Article 5 - The Agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, Ombre Beauty will immediately confirm receipt of acceptance of the offer electronically, together with the summary of the relevant order and the digital version of these General Terms and Conditions.
Terms and Conditions. As long as the receipt of this acceptance has not been confirmed by Ombre Beauty, the consumer may terminate the agreement.
3. If the agreement is concluded electronically, Ombre Beauty will take appropriate technical and organizational measures to
security of the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, Ombre Beauty will take appropriate security measures.
4. Ombre Beauty may – within legal frameworks – inquire whether the consumer can meet his payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If Ombre Beauty, on the basis of this
If the consumer has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. Ombre Beauty will send the following information to the consumer with the product, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
- the visiting address of the Ombre Beauty branch where consumers can submit 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 about guarantees and existing after-sales service;
- the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement.
Article 6 - Right of withdrawal
1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to Ombre Beauty.
2. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied.
and - if reasonably possible - return it to Ombre Beauty in its original condition and packaging, in accordance with the reasonable and clear instructions provided by Ombre Beauty.
Article 7 - Costs in case of revocation
1. If the consumer exercises his right of withdrawal, he will be responsible for at most the costs of direct return.
2. If the consumer has paid an amount, Ombre Beauty will refund this amount as soon as possible, but no later than 14 days after the return or cancellation.
Article 8 - Exclusion of the right of withdrawal
1. Ombre Beauty can exclude the consumer's right of withdrawal to the extent provided for in Article 8.2. The exclusion of the right of withdrawal only applies if Ombre Beauty has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
- which have been created by Ombre Beauty in accordance with the consumer's specifications;
- which are clearly personal in nature;
- which by their nature cannot be returned;
- which can spoil or become outdated quickly;
- for audio and video recordings and computer software where the consumer has broken the seal
broken.
Article 9 - The price
1. During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates.
2. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
3. Price increases from 3 months after the conclusion of the agreement are only permitted if Ombre Beauty has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
4. The prices mentioned in the product offer are inclusive of VAT and exclusive of any shipping costs. For more information about shipping costs, see "Delivery information".
Article 10 - Conformity and warranty
1. Ombre Beauty guarantees that the products 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 was concluded.
2. A guarantee provided by Ombre Beauty, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against Ombre Beauty under the agreement.
Article 11 - Delivery and execution
1. Ombre Beauty will take the greatest possible care when receiving and executing orders for products.
2. The place of delivery is the address that the consumer has made known to Ombre Beauty.
3. Taking into account what is stated in article 4 of these general terms and conditions, Ombre Beauty will execute accepted orders with due speed, but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed
experiences, or if an order cannot be executed or can only be executed in part, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs.
4. In the event of dissolution in accordance with the previous paragraph, Ombre Beauty will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
5. The risk of damage and/or loss of products rests with Ombre Beauty until the moment of delivery to the consumer or a previously designated representative made known to Ombre Beauty, unless expressly agreed otherwise.
6. At the latest upon delivery of the order, the consumer will receive a summary of the delivered order on a durable data carrier.
Article 12 - Payment
1. If advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the order in question before the agreed advance payment has been made.
2. The consumer has the duty to report any inaccuracies in the payment details provided or stated to Ombre Beauty without delay. Any dispute regarding the payment must be reported to Ombre Beauty by registered mail within 14 days after the payment date. Failing this, there is an irrefutable presumption that the payment was accepted.
3. When you choose to pay via a BNPL provider such as Klarna, the following disclaimer applies. You must be at least 18+ to use this service. If you pay on time, you avoid extra costs and ensure that you can use Klarna's services again in the future. By continuing, you accept the BNPL provider's Terms and Conditions and confirm that you have read the BNPL provider's Privacy Statement and Cookie Statement.
Article 13 - Complaints procedure
1. Complaints about the performance of the agreement and/or the products must be submitted to Ombre Beauty within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
2. Complaints submitted to Ombre Beauty will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Ombre Beauty will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
3. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
Article 14 - 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.
Article 15 - Amendment of the general terms and conditions
1. Ombre Beauty will not change these general terms and conditions except in consultation with the Consumers' Association.
2. Changes to these terms and conditions will only come into effect after they have been published in an appropriate manner, provided that in the event of applicable changes during the term of an offer, the provision most favourable to the consumer will prevail.