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General terms & conditions

Contents:

Article 1 – Definitions
Article 2- Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the cooling-off period
Article 8 – Exercising the right of withdrawal by the consumer and the cost thereof
Article 9 – Obligations of the trader in the event of withdrawal
Article 10 – Precluding the right of withdrawal
Article 11 – The price
Article 12 – Contract fulfilment and extra guarantee
Article 13 – Delivery and fulfilment
Article 14 – Extended duration transactions
Article 15 – Payment
Article 16 – Complaints procedure and disputes
Article 17 – Disputes

In these General Terms and Conditions the following terms shall be defined as stated below:

1. Supplementary contract: an contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of a contract between that third party and the trader;

2. Cooling-off period: the period during which the consumer can exercise their right of withdrawal;

3. Consumer: the natural person who is not acting for purposes relating to their trade, business, craft, craft or profession;

4. Day: calendar day;

5. Digital content: data produced and supplied in digital form;

6. Continuity contract: a contract that provides for the regular delivery of goods, services and/or digital content during a certain period of time;

7. Durable data carrier: any tool – including email – that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation or use for a period of time that is tailored to the purpose for which the information is intended, and that enables unaltered reproduction of the stored information;

8. Right of withdrawal: the consumer’s ability to waive the distance contract within the cooling-off period;

9. Trader: the natural or legal person who offers products, digital content or access thereto and/or services to consumers at a distance;

10. Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, in which the contract is concluded exclusively or partly using one or more techniques for distance communication;

11. Model withdrawal form: The European model withdrawal form included in Annex I to these terms & conditions. Annex I would not have to be provided if the consumer did not have a right of withdrawal in relation to their order;

12. Means of distance communication: means that can be used for the conclusion of a contract without the consumer and trader having to be in the same place at the same time.

Article 2- Identity of the trader

Corrective Intercontinental Cosmetics B.V.

Schweitzerlaan 84

1187 JD Amstelveen

The Netherlands

Tel: 0031(0)20 6412986

Fax: 0031(0)20 6473964

sales@correctivecosmetics.com

www.UNGcosmetics.com

Bank: ABN Amro 460493957

IBAN: NL56ABNA0460493957

BIC: ABNANL2A

VAT reg. Nº: NL808852619B05

Chamber of Commerce Reg. Nº: 33145532

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.

2. 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, then before concluding the distance contract, the trader shall indicate how the General Terms and Conditions can be viewed at the trader’s premises and that at the consumer’s request they will be sent to the customer free of charge and as soon as possible.

3. If the distance contract is concluded electronically, by way of derogation from 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 it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader shall indicate how the General Terms and Conditions can be inspected electronically and that at the consumer’s request they will be sent electronically or otherwise to the customer free of charge.

4. In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply by analogy and in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favourable to him or her.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.

2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the trader.

3. Each offer contains such information that the consumer is clear about the rights and obligations attached to the acceptance of the offer.

Article 5 – The contract

1. Subject to the provisions of paragraph 4, the contract is concluded at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.

2. If the consumer has accepted the offer by electronic means, the trader will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer can dissolve the contract.

3. If the contract is concluded electronically, the trader takes appropriate technical and organisational measures to protect the electronic transfer of data and ensures a secure web environment. If the consumer is able to pay electronically, the trader will observe appropriate security measures.

4. Within legal frameworks, the trader may enquire as to whether the consumer is able to fulfil their payment obligations, as well as all the facts and factors that are relevant to a responsible conclusion of the distance contract. If, on the basis of this enquiry, the trader has good reasons for not entering into the contract, then the trader is entitled to refuse an order or request or to attach special conditions to the fulfilment thereof.

5. At the latest upon delivery of the product, service or digital content to the consumer, the trader will send the following information in writing or in such a way that the consumer can store this information in an accessible manner on a durable data carrier:

a. the physical address of the trader’s establishment to which the consumer can turn with complaints;

b. the conditions and manner in which the consumer may exercise the right of withdrawal, or a clear statement of the exclusion from the right of withdrawal;

c. the information about warranties and existing after-sales service;

d. the price, including all taxes on the product, service or digital content; where applicable, the costs of delivery; and the manner of payment, delivery or fulfilment of the distance contract;

e. the requirements for terminating 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 withdrawal form.

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

Article 6 – Right of withdrawal

On products:

1. The consumer may terminate a contract relating to the purchase of a product for a cooling-off period of maximum 14 days by mutual agreement. This period starts on the day after the product is received by or on behalf of the consumer.

The trader may ask the consumer the reason or reasons for the withdrawal, but may not oblige the consumer to state their reason or reasons.

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

1. During the cooling-off period, the consumer will handle the product and its packaging with care. He or she shall only unpack or use the product to the extent necessary to determine the nature, characteristics and operation 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 shop.

2. The consumer is only liable for any depreciation in value of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.

3. The consumer shall not be liable for the depreciation in value of the product if the trader has not provided him or her with all legally required information about the right of withdrawal before or at the time of concluding the contract.

Article 8 – Exercising the right of withdrawal by the consumer and the cost thereof

1. If the consumer exercises his or her right of withdrawal, he or she shall report this to the trader within the cooling-off period:

2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall send the product back, or hand it over to the trader or an authorised representative thereof. This is not necessary if the trader has offered to collect the product himself or herself. In any case, the consumer will be deemed to have complied with the return period if he or she returns the product before the cooling-off period has expired.

3. The consumer shall return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in compliance with the trader’s reasonable and clear instructions.

4. The risk and the burden of proof for the correct and timely exercising of the right of withdrawal lies with the consumer.

5. The consumer shall bear the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs or if the trader has stated that he or she will bear the costs himself or herself, the consumer will not have to bear the costs of the return shipment.

6. If the consumer exercises their right of withdrawal, all supplementary contracts will automatically be terminated.

Article 9 – Obligations of the trader in the event of withdrawal

1. If the trader makes the notification of withdrawal by the consumer possible by electronic means, he or she will send an acknowledgement of receipt immediately upon receipt of this notification.

2. The trader will reimburse all payments of the consumer, including any delivery costs charged by the trader for the returned product, without delay and no later than 14 days following the day on which the consumer has given notice of withdrawal. Unless the trader offers to collect the product himself or herself, he or she may wait for reimbursement until he or she has received the product or until the consumer demonstrates that they have returned the product, whichever is the earlier.

3. The trader will use the same means of payment for reimbursement as the consumer used to pay for the product, unless the consumer agrees to another method. The consumer will not be charged for the refund.

4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs of the more expensive method.

Article 10 – Precluding the right of withdrawal

The trader can only preclude the consumer from having a right of withdrawal if he or she clearly stated this fact when making the offer, or at least in good time before concluding the contract.

Preclusion from the right of withdrawal is only possible for products:

that the trader has developed in accordance with the consumer’s specifications;

that are clearly of a personal nature;

that cannot be returned due to their very nature;

that rapidly decay of become obsolete;

whose price is subject to fluctuations on the financial market over which the trader has no influence;

for single issues of newspapers and magazines;

for audio/video recordings and computer software, whose seals have been broken by the consumer.

Preclusion from the right of withdrawal is only possible for services:

relating to accommodation, transport, restaurants or leisure activities to be carried out on a certain date or during a certain period;

whose delivery commenced with the explicit consent of the consumer before the cooling-off period had lapsed;

relating to bets and lotteries

Article 11 – The price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of amendments in VAT rates.

2. Notwithstanding the previous paragraph, the trader can offer products or services with variable prices which are subject to fluctuations in the financial market and over which the trader has no influence. This link to fluctuations and the fact that any prices mentioned are guide prices shall be stated in the offer.

3. Price increases within three months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

4. Price increases as from three months after the conclusion of the contract are only allowed if the trader has stipulated this and:

a. they are the result of statutory regulations or provisions; or

b. the consumer has the power to terminate the contract with effect from the day on which the price increase takes effect.

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

Article 12 – Contract fulfilment and extra guarantee

1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded. If agreed, the trader also guarantees that the product is suited for other than normal use.

2. An extra guarantee arrangement offered by the trader, their supplier, manufacturer or importer can never affect the statutory rights and claims that a consumer can enforce against the trader on the grounds of the contract if the trader failed to fulfil his or her part in the contract.

3. An extra guarantee is defined as every commitment of a trader, their supplier, importer or manufacturer that grants a consumer rights or claims, beyond the scope of those provided by law, in the event that he or she fails to fulfil his or her part in the contract.

Article 13 – Delivery and fulfilment

1. The trader will take the greatest possible care when receiving and fulfilling orders for products and when assessing requests for the provision of services.

2. The place of delivery is deemed to be the address that the consumer has made known to the trader.

3. With due observance of that which is stated in article 4 of these General Terms & Conditions, the trader shall execute accepted orders with due speed and within no more than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be carried out or can only partially be carried out, the consumer will be notified of this no later than 30 days after he or she placed the order. In such a case, the consumer shall have the right to cancel the contract without charge and shall be entitled to any compensation.

4. After cancellation in accordance with the previous paragraph, the trader will immediately refund the amount paid by the consumer.

5. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative appointed in advance and made known to the trader, unless explicitly agreed otherwise.

Article 14 – Extended duration transactions

1.  The consumer is entitled to terminate a contract that has been concluded for an indefinite period at any time

with due observance of the agreed termination rules and a notice period

not exceeding one month.

2.  A contract that has been concluded for a fixed-term has a maximum term of two years.

If the distance contract is extended by tacit agreement then

the contract will be renewed as a contract for an indefinite

period and the period of notice after renewal of the contract will be no more than one month

Article 15 – Payment

1. Unless otherwise stipulated in the contract or additional conditions, the amounts owed by the consumer must

be paid within 14 days after delivery of the product, or in the case of a contract

for providing a service, within 14 days after the issue of documents relating to this contract.

2.  When selling products to consumers, the General terms & conditions may never require

advance payment exceeding 50%. Where advance payment is required, the

consumer may not assert any rights with regard to the fulfilment of the order or service(s) in question

before the required advance payment has been made.

3. The consumer is obliged to report any inaccuracies in the payment details provided or stated

immediately to the trader.

4. If a consumer fails to fulfil his or her payment obligation in good time, subject to legal restrictions,

the trader is entitled to charge the consumer for any predetermined reasonable costs incurred.

Article 16 – Complaints procedure and disputes

1. The trader has a sufficiently well-publicised complaints procedure and handles any complaint in accordance with this complaints procedure.

2. Complaints about the fulfilment of the agreement must be submitted to the trader fully and clearly described within a reasonable period of time of the consumer having noticed the defects.

3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 14 days with a notification of receipt and an indication about when the consumer can expect a more detailed answer.

4. The consumer should in any case give the trader four weeks to resolve the complaint in mutual agreement. After this period of time, the complaint becomes a dispute that is subject to the disputes settlement scheme.

5.   Contracts between the trader and the consumer to which these general terms and conditions

relate are subject exclusively to Dutch law.

Article 17 – Additional or different provisions

Additional provisions or provisions that deviate 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.

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