B’KATE Cosmetics – Terms & Conditions

Returns

If you wish to return a product, only unopened items in their original condition and packaging are eligible for a refund. You must notify us within 24 hours at customerservice@b-kate.com and return the product within 14 days of receipt.

Include the following information with your return:

Name
Address
Telephone number
Email address
Order number
Account holder’s name
Bank account/IBAN
Reason for return

If you receive any incorrect or unwanted products, do not open the packaging. Any product that is used or whose seal, cap, or lid has been opened is considered accepted by the customer and cannot be returned or exchanged.

If the packaging has been opened and the product does not meet expectations (for example, color), it cannot be exchanged. Please order carefully.

Return shipping and packaging costs are the customer’s responsibility.

B’KATE Cosmetics is not responsible for parcels lost in transit to B’KATE Cosmetics. Once we receive the parcel in good order, we will credit the purchase price minus shipping costs. Refunds are processed within 14 days after receipt of the return. Keep your proof of return until the refund has been issued.

Course Registration Terms

After registering, you will receive a confirmation of enrollment. Participation is final upon payment.

Cancellation must be in writing (email only).

Not accepted: cancellations by phone or verbal cancellations.
Up to 2 weeks before the start date: full refund.
Between 2 and 1 week before the start date: 50% refund.
Less than 1 week before the course: no refund; the course will be rescheduled to a new date.

Article 1 – Definitions
Article 2 – Identity of the Trader
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Consumer’s Obligations During the Cooling-off Period
Article 8 – Exercising the Right of Withdrawal and Costs
Article 9 – Trader’s Obligations in Case of Withdrawal
Article 10 – Exclusion of the Right of Withdrawal
Article 11 – Price
Article 12 – Conformity and Additional Warranty
Article 13 – Delivery and Performance
Article 14 – Long-term Contracts: Duration, Termination, Renewal
Article 15 – Payment
Article 16 – Complaints Procedure
Article 17 – Disputes
Article 18 – Additional or Deviating Provisions

Article 1 – Definitions

Additional Agreement: A contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these are supplied by the trader or by a third party based on an arrangement with the trader.

Cooling-off Period: The period during which the consumer may exercise the right of withdrawal.

Consumer: A natural person not acting for purposes related to trade, business, craft or profession.

Day: Calendar day.

Digital Content: Data produced and supplied in digital form.

Long-term Contract: A contract for the regular supply of goods, services and/or digital content over a specified period.

Durable Medium: Any tool (including email) that enables the consumer or trader to store information addressed personally to them in a way that allows future reference for a period adequate for the purpose, and which allows unchanged reproduction.

Right of Withdrawal: The consumer’s option to withdraw from the distance contract within the cooling-off period.

Trader: The natural or legal person who offers products, (access to) digital content and/or services at a distance to consumers.

Distance Contract: A contract concluded between the trader and the consumer within a system organized for distance sales of products, digital content and/or services, using only or also one or more means of distance communication until conclusion.

Model Withdrawal Form: The European model withdrawal form (Annex I to these terms). The annex need not be provided if the consumer has no right of withdrawal for their order.

Means of Distance Communication: Means that can be used to conclude a contract without the consumer and trader being simultaneously present in the same place.

Article 2 – Identity of the Trader

B’KATE Cosmetics
Catharinastraat 6–8
4811 XH Breda
The Netherlands

Chamber of Commerce (KvK): 89192745
VAT number: NL864906006B01

Article 3 – Applicability

These Terms & Conditions apply to every offer from the trader and to every distance contract concluded between the trader and the consumer.

Before concluding a distance contract, the text of these terms is made available to the consumer. If this is not reasonably possible, the trader will indicate where the terms can be reviewed and that they will be sent free of charge at the consumer’s request.

If the distance contract is concluded electronically, the text of these terms may be provided electronically in a manner that allows the consumer to store them on a durable medium. If not reasonably possible, the trader will state where the terms can be consulted electronically and that they will be sent free of charge electronically or otherwise upon request.

If specific product or service conditions apply in addition to these terms, the second and third paragraphs apply accordingly, and in case of conflicts, the consumer may rely on the most favorable provision.

Article 4 – The Offer

If an offer has a limited validity or is made subject to conditions, this will be explicitly stated.

The offer contains a complete and accurate description of the products, digital content and/or services offered. Descriptions are sufficiently detailed to enable proper assessment. If the trader uses images, they are a truthful representation. Obvious mistakes or errors do not bind the trader.

Every offer contains information enabling the consumer to understand the rights and obligations attached to acceptance.

Article 5 – The Agreement

Subject to paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions.

If the consumer accepts the offer electronically, the trader shall promptly confirm receipt of acceptance by electronic means. Until receipt is confirmed, the consumer may dissolve the agreement.

If concluded electronically, the trader shall implement appropriate technical and organizational measures to secure data transfer and provide a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.

Within legal limits, the trader may obtain information on the consumer’s ability to fulfill payment obligations and other facts relevant to a responsible conclusion of a distance contract. If there are good grounds to refuse, the trader may reject an order or attach special conditions.

At the latest upon delivery, the trader shall provide the consumer, in writing or on a durable medium, with:

the business address for complaints;
the conditions and procedures for exercising the right of withdrawal, or a clear statement if withdrawal is excluded;
information on warranties and after-sales service;
the total price including taxes; delivery costs where applicable; and the methods of payment, delivery or performance;
the termination requirements for contracts of more than one year or of indefinite duration;
if applicable, the model withdrawal form.

For long-term contracts, the above applies to the first delivery only.

Article 6 – Right of Withdrawal

For products:
The consumer may withdraw from a purchase contract within a minimum of 14 days without giving reasons. The trader may ask for a reason but cannot require one.

The cooling-off period starts on the day after the consumer (or a third party other than the carrier) receives the product, or:

for multiple products in one order: the day on which the consumer receives the last product;
for deliveries consisting of multiple shipments or parts: the day on which the consumer receives the last shipment or part;
for regular deliveries over a period: the day on which the consumer receives the first product.

For services and digital content not supplied on a tangible medium:
The consumer may withdraw within at least 14 days from the day after conclusion. The trader may ask for a reason but cannot require one.

Extended cooling-off period when information is missing:
If the trader did not provide the legally required information on the right of withdrawal or the model form, the cooling-off period ends 12 months after the end of the original period. If the trader provides the information within those 12 months, the cooling-off period ends 14 days after the day the consumer receives the information.

Article 7 – Consumer’s Obligations During the Cooling-off Period

During the cooling-off period, the consumer shall handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to determine its nature, characteristics and functioning (as would be allowed in a store).

The consumer is liable for any diminished value resulting from handling beyond what is permitted above.

The consumer is not liable for diminished value if the trader failed to provide the legally required information about the right of withdrawal before or at the conclusion of the contract.

Article 8 – Exercising the Right of Withdrawal and Costs

To exercise the right of withdrawal, the consumer informs the trader within the cooling-off period using the model form or an unequivocal statement.

The consumer shall return the product as soon as possible, but within 14 days from the day following the notification in paragraph 1, unless the trader offers to collect the product. The consumer meets the deadline by sending the product before the cooling-off period expires.

The consumer returns the product with all accessories, in original condition and packaging where reasonably possible, following the trader’s reasonable and clear instructions.

Risk and burden of proof for timely and correct exercise lie with the consumer.

The consumer bears the direct cost of return shipping, unless the trader failed to inform the consumer, or the trader agrees to bear these costs.

If the consumer requests service performance or supply of utilities (not ready for sale in limited volume/quantity) to start during the cooling-off period, they owe the trader an amount proportionate to what has been performed up to withdrawal.

The consumer does not bear costs for services or utilities if:

the trader failed to provide the required withdrawal information or model form; or
the consumer did not expressly request commencement during the cooling-off period.

For digital content not supplied on a tangible medium, the consumer bears no costs if:

they did not expressly consent to performance before the end of the cooling-off period;
they did not acknowledge losing the right of withdrawal; or
the trader failed to confirm this acknowledgement.

Upon withdrawal, any ancillary contracts are terminated by operation of law.

Article 9 – Trader’s Obligations in Case of Withdrawal

If the trader enables electronic notification of withdrawal, the trader shall promptly send an acknowledgement of receipt.

The trader shall reimburse all payments made by the consumer, including standard delivery costs charged for the returned product, without delay and within 14 days from the day the consumer notifies withdrawal. Unless the trader offers to collect the product, the trader may withhold reimbursement until receipt of the product or proof of return shipment, whichever is earlier.

Refunds are made using the same payment method used by the consumer, unless agreed otherwise. No fees are charged for the refund.

If the consumer chose a more expensive delivery method than the least expensive standard delivery, the trader is not obliged to refund the additional costs.

Article 10 – Exclusion of the Right of Withdrawal

The trader may exclude the right of withdrawal for the following products and services, only if clearly stated at the offer or before conclusion:

Products or services whose price is subject to financial market fluctuations beyond the trader’s control during the withdrawal period.
Contracts concluded during a public auction.
Service contracts after full performance, if: (i) performance began with the consumer’s prior express consent; and (ii) the consumer acknowledged losing the right of withdrawal once fully performed.
Package travel (Art. 7:500 BW) and passenger transport.
Service contracts for accommodation with a specific date/period (other than housing), goods transport, car rental, catering.
Leisure activities with a specific date/period.
Products made to the consumer’s specifications, not prefabricated, based on individual choice or clearly intended for a specific person.
Products that perish quickly or have a limited shelf life.
Sealed products not suitable for return for health protection or hygiene reasons, if the seal is broken after delivery.
Products that, by their nature, become irreversibly mixed with other products after delivery.
Alcoholic beverages with a price agreed on conclusion but deliverable only after 30 days, whose value depends on market fluctuations.
Sealed audio/video recordings and computer software with a broken seal after delivery.
Newspapers, periodicals or magazines, except subscriptions.
Supply of digital content other than on a tangible medium, if: performance began with the consumer’s express prior consent and the consumer acknowledged losing the right of withdrawal.

Article 11 – Price

During the validity period stated in the offer, prices are not increased, except for changes due to VAT adjustments.

In deviation, products/services subject to financial market fluctuations beyond the trader’s control may be offered at variable prices, with clear indication that prices are guideline prices.

Price increases within 3 months of contract conclusion are allowed only if required by law.
Price increases after 3 months are allowed only if agreed and either required by law or the consumer may terminate as of the date the increase takes effect.

All prices include VAT.

Article 12 – Conformity and Additional Warranty

The trader guarantees that products/services conform to the agreement, specifications stated in the offer, reasonable standards of usability and soundness, and legal requirements in force at the time of contract. If agreed, the trader also guarantees fitness for special use.

Any additional warranty given by the trader, supplier, manufacturer, or importer does not limit the consumer’s statutory rights if the trader fails to perform.

“Additional warranty” means any commitment granting the consumer rights beyond what is required by law if the trader fails to perform.

Article 13 – Delivery and Performance

The trader will exercise utmost care when receiving and executing product orders and when assessing service requests.

Place of delivery is the address provided by the consumer.

Subject to Article 4, accepted orders will be executed as soon as reasonably possible and within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be executed (in whole or part), the consumer will be notified within 30 days of ordering. The consumer may then dissolve the agreement without cost.

Upon dissolution, the trader will promptly refund amounts paid.

Risk of damage, theft, or loss remains with B’KATE Cosmetics until delivery to PostNL, DHL or DPD. At that moment, risk transfers to the customer. B’KATE Cosmetics is not responsible for any loss, damage, or delay incurred during handling by PostNL, DHL, or DPD.

Article 14 – Long-term Contracts: Duration, Termination, Renewal

Termination:

For contracts of indefinite duration for regular delivery of products/services: the consumer may terminate at any time observing agreed termination rules and a maximum one-month notice.
For contracts of fixed duration for regular delivery: the consumer may terminate at the end of the fixed term observing agreed rules and a maximum one-month notice.
Termination must be possible at any time, not limited to a particular date/period; at least by the same method used to enter; and with no longer notice than the trader’s own.

Renewal:

Fixed-term contracts for regular delivery may not be tacitly renewed for another fixed term.
Exception: subscriptions to daily/weekly periodicals may be tacitly renewed for a maximum of three months, with a one-month termination notice at the end of the renewal.
Fixed-term contracts for regular delivery may be tacitly renewed for an indefinite term only if the consumer may terminate at any time with maximum one-month notice (three months if delivery is less than monthly).
Trial/introductory subscriptions end automatically after the trial period.

Duration:
Contracts longer than one year may be terminated by the consumer after one year with maximum one-month notice, unless fairness and reasonableness oppose termination before the agreed end date.

Article 15 – Payment

Unless otherwise agreed, amounts due by the consumer must be paid within 14 days from the start of the cooling-off period, or if none applies, within 14 days from contract conclusion. For services, this period starts the day after confirmation is received.

In sales to consumers, the terms may not require prepayment of more than 50%. Where prepayment is agreed, the consumer may not claim performance until prepayment is made.

The consumer must promptly report inaccuracies in provided or stated payment data.

If the consumer fails to pay on time, after notice of late payment and a further 14-day grace period, statutory interest is due on the outstanding amount and the trader may charge extrajudicial collection costs up to: 15% over amounts up to €2,500; 10% over the next €2,500; 5% over the next €5,000; minimum €40. The trader may deviate in the consumer’s favor.

Article 16 – Complaints Procedure

The trader maintains a well-publicized complaints procedure and handles complaints accordingly.

Complaints regarding contract performance must be submitted to the trader within a reasonable time after defects are discovered, fully and clearly described.

Complaints are answered within 14 days from receipt. If a complaint requires longer processing time, the consumer receives an acknowledgement within 14 days indicating when a substantive answer can be expected.

The consumer must allow the trader at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the disputes procedure.

Article 17 – Disputes

The trader maintains a known complaints procedure and handles complaints accordingly.
Complaints about performance must be submitted within 7 days after the defect is discovered, fully and clearly described.
Complaints are answered within 14 days; if more time is needed, an acknowledgement with timeline is provided.
If no resolution is reached, the dispute is subject to the disputes procedure.

Consumers should first contact the trader. If not resolved, the consumer may contact Stichting WebwinkelKeur (webwinkelkeur.nl) for free mediation. If still unresolved, the consumer may submit the complaint to Stichting GeschilOnline (geschilonline.com). The decision is binding, and both trader and consumer agree to this binding decision. Costs for submitting a dispute to the committee are borne by the consumer. Complaints may also be submitted via the EU ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the trader’s obligations, unless the trader states otherwise in writing.

Privacy Policy – B’KATE BV

Version 0.1 – Last updated: 09-05-2023

We understand that you place trust in us, and we consider it our responsibility to protect your privacy. This policy explains what data we collect when you use our website, why we collect it, and how it improves your experience.

This privacy policy applies to the services of [Company Name]. Please note that B’KATE Cosmetics is not responsible for the privacy policies of other sites and sources. By using this website, you accept this privacy policy.

B’KATE Cosmetics respects the privacy of all users of its site and ensures that personal information you provide is treated confidentially.

Our Use of Collected Data

Use of Our Services

When you sign up for one of our services, we ask you to provide personal information. This data is required to perform the service and is stored securely on B’KATE Cosmetics’ own servers or those of a trusted third party. We will not combine this data with any other personal information we may hold.

Communication

When you send us an email or other message, we may retain those communications. Sometimes we may ask you for details relevant to the situation in order to process your questions and respond effectively. These details are stored securely and are never combined with unrelated personal data.

Cookies and Analytics

To better understand our customers, we collect data for research and analysis. Our website uses cookies (small text files placed on your computer) to analyze how users interact with our site. The cookie-generated information about your use of the website may be transferred to secure servers of B’KATE Cosmetics or third-party providers. We use this information to track usage, generate reports, and improve the overall user experience.

Purposes of Data Collection

We do not collect or use information for purposes other than those described in this privacy policy, unless we have obtained your prior consent.

Sharing with Third Parties

Information is not shared with third parties, except for essential applications we use to operate our webshop (such as the WebwinkelKeur review system). These applications only use the data for their specific purpose. In some cases, information may be shared internally, but our employees are required to respect the confidentiality of your personal data.

Changes
This privacy statement is tailored to the use and features of this site. Adjustments or changes to the site may lead to changes in this statement. We recommend reviewing it regularly.

Choices for Personal Data
We offer all visitors the option to view, change, or delete all personal information provided to us.

Modify/Unsubscribe from Newsletter
Every mailing contains the option to update your data or unsubscribe.

Modify/Unsubscribe Communication
To change your data or request removal, please contact us using the details below.

Disable Cookies
Most browsers are set to accept cookies. You can set your browser to refuse all cookies or to notify you when a cookie is sent. Some features and services on our site and others may not function properly if cookies are disabled.

Questions and Feedback
We regularly check compliance with this privacy policy. If you have questions, contact us:

B’KATE Cosmetics
Catharinastraat 6–8, 4811 XH Breda
KvK: 89192745 — VAT: NL864906006B01

Complaints

We recommend submitting complaints to us first via email. If this does not resolve the issue, you may request mediation through Stichting WebwinkelKeur.

From 15 February 2016, consumers in the EU can also submit complaints via the European ODR platform at http://ec.europa.eu/odr. If your complaint is not being handled elsewhere, you may file it via the EU platform.

Kind regards,
Team B’KATE Cosmetics

B’KATE Cosmetics
Catharinastraat 6–8, 4811 XH Breda
KvK: 89192745 — VAT: NL864906006B01
+31 (0)6 57144244
info@b-kate.com
www.b-kate.com

Opening hours: Monday, Tuesday, Thursday, Friday — 09:00–17:30.