Terms & conditions

Terms and Conditions

Table of Contents:
Article 1 - Definitions
Article 2 - Identity of Flowish Hair
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 - Exercising the Right of Withdrawal by the Consumer and Related Costs
Article 9 - Obligations of Flowish Hair in Case of Withdrawal
Article 10 - Exclusion of the Right of Withdrawal
Article 11 - The Price
Article 12 - Fulfillment and Extra Guarantee
Article 13 - Delivery and Execution
Article 14 - Long-Term Agreements: Duration, Termination, and Renewal
Article 15 - Payment
Article 16 - Complaints Procedure
Article 17 - Disputes
Article 18 - Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Supplementary Agreement: An agreement where the consumer obtains products, digital content, and/or services in connection with a distance contract, and these are delivered by Flowish Hair or a third party based on an arrangement with Flowish Hair.
Cooling-Off Period: The period during which the consumer can use their 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 Agreement: An agreement aimed at the regular supply of goods, services, and/or digital content over a specified period.
Durable Medium: Any tool, including email, enabling the consumer or entrepreneur to store information addressed to them personally, in a way that makes future access or use possible for a period suited to the information’s purpose and allows 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 between Flowish Hair and the consumer concluded as part of an organized system for remote sales, using one or more means of distance communication exclusively or partly until the agreement is made.
Model Withdrawal Form: The standard European withdrawal form included in Annex I of these terms.
Flowish Hair: The legal entity defined in Article 2, offering products, digital content, and/or services to consumers under these terms.
Means of Distance Communication: Tools used to conclude an agreement without the simultaneous physical presence of the consumer and Flowish Hair.

Article 2 - Identity of Flowish Hair

Name of the business: Flowish Hair
Email address: info@flowishhair.com
Chamber of Commerce number:
VAT identification number:

Article 3 - Applicability

These terms and conditions apply to every offer from Flowish Hair and every distance contract between Flowish Hair and the consumer.
Before concluding the distance contract, the text of these terms will be made available to the consumer. If this is not reasonably possible, Flowish Hair will inform the consumer where the terms can be accessed, and they will be provided free of charge upon request.
If the contract is concluded electronically, the terms may be provided electronically in a way that allows them to be stored on a durable medium. If this is not reasonably possible, Flowish Hair will inform the consumer where the terms can be accessed and will provide them free of charge upon request.
If specific product or service conditions apply in addition to these terms, the second and third clauses also apply, and the consumer can rely on the most favorable terms in case of conflicting provisions.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.
The offer includes a complete and detailed description of the products, digital content, and/or services offered, enabling the consumer to make an informed decision. Any images used must accurately represent the products or services. Obvious mistakes or errors do not bind Flowish Hair.
The offer provides clear information about the consumer’s rights and obligations upon accepting the offer.

Article 5 - The Agreement

The agreement is concluded when the consumer accepts the offer and meets the conditions stated in the offer, unless stated otherwise in clause 4.
If the consumer accepts the offer electronically, Flowish Hair will confirm receipt of acceptance promptly. Until this confirmation is received, the consumer can cancel the agreement. Once the confirmation is sent, the consumer can no longer cancel but may use the right of withdrawal (Article 6).
Flowish Hair will ensure secure handling of data and safe online transactions if the agreement is concluded electronically.
Flowish Hair may check whether the consumer can meet their payment obligations and investigate other relevant factors before concluding the agreement. If there are valid reasons, Flowish Hair may refuse the order or attach special conditions to its execution.
Flowish Hair will provide the consumer with the following information upon delivery:
- The company’s physical address for complaints.
- Conditions and methods for exercising the right of withdrawal or a statement if this right does not apply.
- Information about after-sales services and guarantees.
- Total price, including taxes, delivery costs (if applicable), and payment, delivery, or execution details.
- Conditions for terminating long-term agreements.
- If applicable, the withdrawal form.

Article 6 - Right of Withdrawal

The consumer may cancel a purchase agreement within 14 days without providing a reason. Flowish Hair may ask for a reason but cannot require one.
The cooling-off period begins:
- The day after the consumer or an authorized third party receives the product.
- For multiple products: the day the final product is received.
- For deliveries in parts: the day the last shipment or part is received.
- For regular deliveries: the day the first product is received.

For services or digital content not delivered on a physical medium:

The consumer may cancel within 14 days without reason.
The cooling-off period begins the day after the agreement is concluded.

Extended cooling-off period for missing withdrawal information:

If Flowish Hair does not provide required withdrawal information, the cooling-off period is extended to 12 months after the original period.
If the information is provided during this time, the cooling-off period ends 14 days after receipt of the information.

Article 7 - Obligations of the Consumer During the Cooling-Off Period

The consumer must handle the product and packaging carefully and only inspect or use the product as they would in a physical store.
The consumer is responsible for any decrease in value due to use beyond what is necessary to determine the nature and functioning of the product.
The consumer is not responsible for a decrease in value if Flowish Hair did not provide the required withdrawal information.

Article 8 – Exercise of the right of withdrawal by the consumer and associated costs

If the consumer exercises their right of withdrawal, they must notify Flowish Hair within the withdrawal period using the model withdrawal form or in another unambiguous manner.
As soon as possible, but no later than 14 days from the day following the notification mentioned in paragraph 1, the consumer must return the product or hand it over to (an authorized representative of) Flowish Hair. This is not required if Flowish Hair has offered to collect the product themselves. The consumer meets the return deadline if they send back the product before the withdrawal period has expired.
The consumer must return the product, including all delivered accessories, if reasonably possible, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Flowish Hair.
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. If Flowish Hair has not communicated that the consumer must bear these costs or if Flowish Hair has indicated that it will bear the costs itself, the consumer does not need to pay the return costs.
The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
1. they did not expressly consent to the start of performance of the agreement before the end of the withdrawal period;
2. they did not acknowledge losing their right of withdrawal upon giving consent; or
3. Flowish Hair failed to confirm this declaration from the consumer.
If the consumer exercises their right of withdrawal, all additional agreements are automatically dissolved.

Article 9 – Obligations of Flowish Hair upon withdrawal

If Flowish Hair makes electronic notification of withdrawal by the consumer possible, it must send an acknowledgment of receipt immediately after receiving this notification.
Flowish Hair reimburses all payments made by the consumer, including any delivery costs charged by Flowish Hair for the returned product, promptly but no later than 14 (fourteen) days after the day on which the consumer notifies Flowish Hair of the withdrawal. Unless Flowish Hair offers to collect the product itself, it may wait to refund the consumer until it has received the product or until the consumer demonstrates that the product has been returned, whichever comes first.
Flowish Hair will use the same payment method for reimbursement that the consumer used unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer chose a more expensive delivery method than the cheapest standard delivery, Flowish Hair is not required to refund the additional costs for the more expensive delivery method.

Article 10 – Exclusion of the right of withdrawal

Flowish Hair may exclude the following products and services from the right of withdrawal, but only if Flowish Hair has clearly stated this in the offer or at least before concluding the agreement:

Products or services whose price is subject to fluctuations in the financial market that Flowish Hair cannot influence and that may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is defined as a sales method where products, digital content, and/or services are offered by Flowish Hair to a consumer who is personally present or given the opportunity to be personally present at the auction, led by an auctioneer, and where the successful bidder is obligated to purchase the products, digital content, and/or services;
Service agreements after full performance of the service but only if:
1. the performance has begun with the consumer's explicit prior consent; and
2. the consumer has declared that they will lose their right of withdrawal once Flowish Hair has fully performed the agreement;
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance, other than for residential purposes, goods transportation, car rental services, and catering;
Agreements related to leisure activities if the agreement provides for a specific date or period of performance;
Products made to the consumer's specifications, which are not prefabricated and are made based on an individual choice or decision by the consumer, or are clearly intended for a specific individual;
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;
Alcoholic beverages whose price was agreed upon at the time of the agreement but whose delivery can only occur after 30 days and whose actual value depends on market fluctuations that Flowish Hair cannot influence;
Sealed audio, video recordings, and computer software whose seal has been broken after delivery;
Newspapers, periodicals, or magazines, except for subscriptions;
The delivery of digital content other than on a tangible medium, but only if:
the performance has started with the consumer's explicit prior consent; and
the consumer has declared that they will lose their 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 resulting from changes in VAT rates.
Notwithstanding the previous paragraph, Flowish Hair may offer products or services whose prices are subject to fluctuations in the financial market, and which Flowish Hair cannot influence, at variable prices. These fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
Price increases within 3 months of the conclusion of the agreement are only allowed if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if Flowish Hair has stipulated this and:
1. they are the result of statutory regulations or provisions; or
2. the consumer has the authority to terminate the agreement with effect from the day the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.

Article 12 – Performance of the agreement and additional guarantee

Flowish Hair guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing statutory provisions and/or government regulations on the date the agreement is concluded. If agreed upon, Flowish Hair also guarantees that the product is suitable for other than normal use.
Any additional guarantee provided by Flowish Hair, its supplier, manufacturer, or importer will never limit the statutory rights and claims the consumer can enforce against Flowish Hair under the agreement if Flowish Hair fails to fulfill its part of the agreement.
Additional guarantees refer to any commitment by Flowish Hair, its supplier, importer, or manufacturer in which it grants the consumer certain rights or claims that go beyond what is legally required in case of non-fulfillment of its part of the agreement.

Article 13 – Delivery and execution

Flowish Hair will exercise the greatest possible care when receiving and executing orders for products and assessing applications for the provision of services.
The place of delivery is the address provided by the consumer to Flowish Hair.
With due regard to the provisions of Article 4 of these terms and conditions, Flowish Hair will execute accepted orders promptly but no later than 30 days unless a different delivery period has been agreed. If delivery is delayed or if an order cannot be carried out or only partially, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, Flowish Hair will promptly refund the amount paid by the consumer.
The risk of damage and/or loss of products lies with Flowish Hair until the moment of delivery to the consumer or a pre-designated representative made known to Flowish Hair unless expressly agreed otherwise.

Article 14 – Ongoing contracts: duration, termination, and renewal

Termination:

The consumer may terminate an agreement that has been concluded for an indefinite period and that provides for the regular delivery of products or services at any time, with due observance of the agreed termination rules and a notice period not exceeding one month.
The consumer may terminate a fixed-term agreement that provides for the regular delivery of products or services at any time at the end of the fixed term, with due observance of the agreed termination rules and a notice period not exceeding one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
- At any time and without being limited to termination at a specific time or during a specific period;
- In the same way as the agreements were entered into;
- Always with the same notice period that Flowish Hair has stipulated for itself.

Renewal:

A fixed-term agreement that provides for the regular delivery of products or services may not be tacitly renewed or extended for a fixed term.
Contrary to the previous paragraph, a fixed-term agreement may be tacitly renewed for a fixed term of no more than three months if the consumer can terminate the renewed agreement at the end of the renewal with a notice period not exceeding one month.
A fixed-term agreement that provides for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period not exceeding 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 not exceeding one month unless reasonableness and fairness dictate otherwise before the end of the agreed duration.

Article 15 – Payment

Unless otherwise stipulated in the agreement or additional conditions, the amounts payable by the consumer must be paid within 14 (fourteen) days after the commencement of the withdrawal period or, if no withdrawal period applies, within 14 (fourteen) days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period starts on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, the general terms and conditions may never oblige the consumer to make an advance payment of more than 50%. When advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order(s) or service(s) until the stipulated advance payment has been made.
The consumer has the obligation to report inaccuracies in provided or stated payment details to Flowish Hair promptly.
If the consumer does not fulfill their payment obligations on time, they will owe the statutory interest on the outstanding amount after being reminded of the late payment by Flowish Hair and being given a 14-day period to still meet their payment obligations. Flowish Hair is also entitled to charge the extrajudicial collection costs incurred by it. These collection costs are capped as follows: 15% of amounts up to €2,500; 10% of the next €2,500; and 5% of the next €5,000, with a minimum of €40. Flowish Hair may deviate from the stated amounts and percentages in favor of the consumer.

Article 16 – Complaints procedure

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

Article 17 – Disputes

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

Article 18 – Additional or deviating provisions

Any 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 medium.