Terms and conditions

General conditions

This website is operated by Palm Aesthetics. Throughout the site, the terms "we", "us" and "our" refer to Palm Aesthetics. Palm Aesthetics offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By accessing our website and/or making a purchase from us, you are entering into our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including, but not limited to, users who are browsers, sellers, customers, merchants and/or content providers.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all of the terms of this Agreement, you may not access the Site or use any of the Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or resources added to the current store will also be subject to the Terms of Use. You can read the latest version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to periodically check this page for changes. Your continued use of or access to the Site after any changes have been posted constitutes your acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with an e-commerce platform that allows us to sell our products and services to you.

TERMS AND CONDITIONS

Article 1 - Definitions

For the purposes of these General Terms and Conditions, the following definitions apply:

Period: the period during which the consumer can use his

Right of Withdrawal;

Consumer" means a natural person who is not engaged in a profession or business and who concludes a distance contract with a trader;

Day: calendar day;

"Duration transaction" means a distance contract relating to a series of products and/or services where the delivery and/or purchase obligation is spread over time. 

Durable medium" means any means which enables the consumer or trader to store information addressed personally to him or her in a way accessible for future reference and retrieval in an unchanged form. 

"Right of withdrawal" means the possibility for the consumer to withdraw from the distance contract within the withdrawal period;

"trader" means a natural or legal person who offers products and/or services to consumers at a distance 

'distance contract' means a contract which, up to the time of conclusion of the contract, makes exclusive use of one or more means of distance communication within the framework of a system organised by the trader for the distance marketing of goods and/or services

'means of distance communication' means means means which can be used to conclude a contract without the consumer and the trader being in the same place at the same time.

'General terms and conditions' means the trader's current general terms and conditions. 

Article 2 - Identity of the trader

Brand name: Palm Aesthetics

Adress: Valuasstraat 34B,
5911 EN, Venlo, Limburg,
the Netherlands.

E-mail address: info@palmaestheticsfit.com

Phone number: +31 6 27899616

Article 3 - Scope of application

These general terms and conditions apply to all offers made by the trader and to all distance contracts and orders concluded between the trader and the consumer. Before the conclusion of the distance contract, the consumer shall be provided with the text of these general terms and conditions. If this is not reasonably possible, it shall be stated before the conclusion of the distance contract that the general terms and conditions are available for inspection at the trader's premises and that they will be sent to the consumer free of charge as soon as possible after a request to that effect.

Notwithstanding the previous paragraph, where the distance contract is concluded by electronic means, the text of those general terms and conditions may be made available to the consumer in such a way that the consumer can easily store them on a durable medium before the conclusion of the distance contract. If this is not reasonably possible, it shall be stated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they shall be sent to the consumer free of charge at his request, either electronically or by other means.

Where specific product or service requirements apply in addition to these general terms and conditions, the second and third subparagraphs shall apply by analogy and, in the event of a conflict between the general terms and conditions, the consumer may always rely on the applicable provision which is most favourable to him or her.

If at any time one or more of the provisions of these general terms and conditions is or are wholly or partly invalid or annulled, the contract and these general terms and conditions shall continue to apply in their entirety and the provision in question shall be replaced without delay by mutual agreement by a provision which comes as close as possible to the scope of the original provision. 

Situations not provided for in these General Conditions shall be assessed "in the spirit" of these General Conditions.

Any ambiguity as to the interpretation or content of one or more provisions of our General Conditions will be interpreted "in the spirit" of these General Conditions.

Article 4 - The Offer

If an offer has a limited period of validity or is subject to conditions, this must be expressly stated in the offer.

The offer is not binding. The Company has the right to amend and supplement the offer.

The offer contains a complete and accurate description of the products and/or services offered.

The description is sufficiently detailed to enable the offer to be properly assessed by

offer to the consumer. If the entrepreneur uses images, these must be a true reflection of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

All images, specifications and information in the offer are indicative and cannot lead to compensation or termination of the contract.

The images of the products are an accurate representation of the products offered. The company cannot guarantee that the colours depicted correspond exactly to the actual colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This applies in particular to the price, excluding customs duties and VAT. These additional costs are at the customer's expense and risk. The postal and/or courier service uses the special

The postal and/or courier service shall make use of the special regulation for postal and courier services in respect of imports. This regulation applies if the goods are imported into the EU country of destination, which is the case here.

Postal or courier operators charging VAT to the recipient of the goods (whether or not in combination with the customs clearance fee charged); any freight charges; the manner in which the contract is concluded and the steps required in that regard; whether or not the right of withdrawal applies; the manner of payment, delivery and performance of the contract; the time limit for accepting the offer or the period within which the trader guarantees the price. the price of distance communication if the costs of using the means of distance communication are calculated on a basis other than the normal basic tariff for the method of communication used; whether the contract is to be archived after it has been concluded and, if so, how the consumer is to have access to it. how the consumer is to check the information provided in connection with the contract before it is concluded and correct it if necessary whether the contract can be concluded in languages other than Dutch any codes of conduct to which the trader is subject and how the consumer is to access these codes electronically

Options: available sizes, colours and materials.

Article 5 - Agreements

The contract enters into force, subject to paragraph 4, when the consumer accepts the offer and fulfils the conditions set out in the offer.

circumstances.

If the consumer has accepted the offer electronically, the trader shall immediately acknowledge receipt of the electronic acceptance of the offer. As long as the trader has not acknowledged receipt of that acceptance, the consumer may withdraw from the contract.

Where the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to protect the electronic transmission of data and to ensure a secure online environment. If the consumer has the possibility to pay electronically, the trader shall take appropriate security measures.

The trader may, within the legal framework, take cognisance of the consumer's ability to meet his payment obligations and of all facts and factors relevant for the responsible conclusion of the distance contract. If, on the basis of this information, the trader has good reasons not to conclude the contract, he has the right to refuse an order or application or to impose special conditions for its execution.

Together with the goods or services, the trader shall send the following information to the consumer in writing or in such a way that the consumer can store it in an accessible form on a durable medium

1. the visiting address of the trader's place of business where the consumer can lodge a complaint
2. the conditions and means by which the consumer may exercise his right to
3. The conditions and means by which the consumer may exercise his right of withdrawal, or a clear statement of
4. The conditions and means by which the consumer may exercise his right of withdrawal, or a clear statement that the consumer is excluded from the right of withdrawal;
5. information on guarantees and existing after-sales services;
6. the information referred to in Article 4(3) of these Conditions, unless this information
7. the information referred to in Article 4(3) of these conditions, unless the trader has already provided this information to the consumer at an earlier stage.

the performance of the contract;

5. the conditions for terminating the contract if it has been concluded for more than one year or for an indefinite period.

In the case of a contract of limited duration, the provisions of the previous paragraph shall apply only to the first delivery. Each contract shall be concluded on condition that the products concerned are available in sufficient quantities.

Article 6 - Right of withdrawal

In the case of purchases of products, the consumer has the right to withdraw from the contract without giving any reason within 30 days. The withdrawal period starts the day after the consumer or a person previously designated by the consumer and the trader has received the product.

During the cooling-off period, the consumer must handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep it. If he exercises his right of withdrawal, he must return the product with all its accessories and - if reasonably possible - in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions given by the trader.

If the consumer wishes to exercise his right of withdrawal, he must inform the trader within 30 days of receipt of the product. The consumer must draw attention to this by means of a written notification/email. Once the consumer has notified his/her intention to exercise the right of withdrawal, he/she must return the product within 7 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a postal receipt. If, at the end of the periods referred to in paragraphs 2 and 3, the consumer has not communicated his intention to exercise his right of withdrawal or has not returned the product to the trader, the purchase shall be deemed to have been concluded.

Article 7 - Costs in the event of withdrawal

If the consumer exercises his right of withdrawal, the consumer shall bear the costs of returning the products.

If the consumer has paid an amount, the trader shall reimburse this amount as soon as possible and at the latest within 14 days after the withdrawal. This is on the condition that the trader has already received the product or that there is sufficient proof that the product has been returned in full.

Article 8 - Exceptions to the right of withdrawal

The trader may exclude the consumer from the right of withdrawal in respect of the products described in paragraphs 2 and 3. The exclusion from the right of withdrawal shall only apply if the trader has clearly stated this fact when making the offer, or at least in good time before the conclusion of the contract,

The prohibition of the right of withdrawal is only valid if the trader has clearly indicated this fact when making the offer, or at least in good time before the conclusion of the contract.

It is only possible to exclude the right of withdrawal for products which

1. have been created by the trader in accordance with the consumer's specifications;
2. which are clearly personalised;
3. which cannot be returned due to their nature;
4. which deteriorate or age rapidly;
5. whose price is subject to fluctuations in the financial market over which the trader has no control;
6. for individual newspapers and magazines
7. for audio and video recordings and computer software whose seals have been broken by the consumer.
8. for hygienic products whose seals have been broken by the consumer.
9. for hygienic products whose seals have been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services

1. in respect of accommodation, transport, catering or leisure activities to be carried out
2. in respect of accommodation, transport, catering or leisure activities to be provided on a specific date or during a specific period
3. If the supply has started with the express consent of the consumer.
4. Where the supply has started with the consumer's express consent before the expiry of the withdrawal period.
5. for games and lotteries. 

Article 9 - Price

During the period of validity indicated in the offer, the prices of the products and/or services offered may not be increased, with the exception of price changes due to changes in VAT rates.

Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations on the financial market over which the trader has no control, at variable prices. This link to fluctuations and the fact that all prices quoted are target prices will be indicated together with the offer. 

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

Price increases from three months after the conclusion of the contract are only allowed if the contractor has taken them into account and:

1. they are the result of legal provisions or regulations; or
2. the consumer has the right to terminate the contract from the date on which the price increase takes effect.

The place of delivery is the country where the transport begins, in accordance with Section 5(1) of the Turnover Tax Act 1968. In this case, the delivery takes place outside the EU, and the postal or courier company will therefore charge the customer import VAT and/or customs clearance costs. The company will therefore not charge VAT.

Printing and setting errors reserved. We accept no responsibility for the consequences of misprints and misprints. In case of printing errors, the contractor is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

The contractor shall ensure that the products and/or services comply with

the contract, the specifications set out in the offer, the reasonable requirements of reliability and/or usefulness and the statutory provisions and/or government regulations in force on the date of conclusion of the contract. Where agreed, the contractor also guarantees the suitability of the product for other than normal use.

A guarantee provided by the trader, the manufacturer or the importer does not reduce the legal rights and claims that the consumer may have against the trader on the basis of the contract.

Any defects or incorrectly delivered products must be notified in writing to the entrepreneur within 30 days of delivery. The products must be returned in their original packaging and in new condition. The contractor's warranty period shall correspond to the manufacturer's warranty period.

The contractor is never responsible for the final suitability of the products for the consumer's use, nor for advice on the use or application of the products.

The warranty does not apply if:

-Consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by a third party;

-The delivered products have been exposed to abnormal conditions or have otherwise been handled negligently or in violation of the contractor's instructions and/or the packaging;

-the defect is due in whole or in part to government regulations governing the nature or quality of the materials used.

Article 11 - Delivery and implementation

The Company will exercise the utmost care in receiving and fulfilling orders for Products.

The place of delivery is the address given to the company by the consumer.

Without prejudice to Article 4 of these General Terms and Conditions, the Company shall execute accepted orders with due dispatch and at the latest within 30 days, unless the consumer has agreed on a longer delivery period.

If delivery is delayed or if an order cannot be carried out or can only be carried out in part, the consumer shall be informed within 30 days of the order being placed. In that case, the consumer shall be entitled to withdraw from the contract free of charge and shall be entitled to any compensation.

In the event of termination under the previous paragraph, the trader shall reimburse the consumer for the amount paid as soon as possible and in any event within 14 days of the termination, reimbursement. 

If delivery of an ordered good proves impossible, the trader shall try to deliver a replacement good. At the latest at the time of delivery, it must be clearly and comprehensibly stated that a replacement item is being delivered.

The right of withdrawal cannot be excluded with replacement goods. The cost of any return freight must be borne by the contractor.

The risk of damage and/or loss of products remains with the contractor until the time of delivery to the consumer or a previously appointed and notified representative of the contractor, unless expressly agreed otherwise.

Article 12 - Extension of the period of validity: period of validity, termination and renewal

Termination

The consumer may, at any time, conclude a contract for an indefinite period of time and which extends to the regular supply of goods (including electricity) or services, terminate the contract in accordance with the applicable termination rules and with a notice period not exceeding one month.

The consumer is always entitled to terminate a fixed-term contract concluded for the regular supply of goods (including electricity) or services at the end of the fixed term, subject to the applicable termination rules and a notice period not exceeding one month.

The consumer may terminate the contracts referred to in the previous paragraphs.

terminate them at any time and not be limited to termination at a specific time or within a specific period, terminate them at least in the same way as they were concluded by the consumer, terminate them at any time with the same period of notice as the trader has specified for himself.

Extension

A contract concluded for a fixed period for the regular supply of goods (including electricity) or services may not be tacitly extended or renewed for a fixed period.

By way of derogation from the previous paragraph, a contract for the regular supply of daily or weekly newspapers concluded for a fixed period of time may be automatically renewed for a maximum of three months, provided that the consumer can terminate the renewed contract at the end of the renewal period.

with a maximum notice period of one month. 

A fixed-term contract concluded for the regular supply of goods or services may be automatically renewed for an indefinite period only if the consumer has the option of terminating the contract at any time subject to a period of notice not exceeding one month and a period not exceeding three months.

In the case of a contract for the regular, but not monthly, supply of newspapers and periodicals, the period of notice may not exceed one month and three months.

A fixed-term contract for the regular supply of newspapers or periodicals by way of introduction (trial or introductory subscription) may not be tacitly renewed and shall terminate automatically at the end of the trial or introductory period.

Duration

If a contract runs for more than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless it is reasonable and fair to terminate the contract before the end of the contractual period.

Article 13 - Payment

Unless another date has been agreed, all sums due by the consumer should be paid within seven working days of the end of the cooling-off period referred to in Article 6(1). In the case of a contract for the provision of a service, this period starts to run after the consumer has received confirmation of the contract.

The consumer shall be obliged to inform the operator without delay of any inaccuracy in the information provided or in the payment indicated.

If the consumer fails to pay, the operator shall be entitled, subject to legal restrictions, to charge the consumer for any reasonable costs of which the consumer has been informed in advance.

Article 14 - Complaints

Complaints about the performance of the contract must be fully and clearly described and submitted to the trader within 7 days of the consumer discovering the shortcomings.

Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeably longer period of time, the trader must reply within 14 days, stating that he has received the complaint and indicating when the consumer can expect a more detailed reply.

If the complaint cannot be resolved through a mutual hearing, a dispute arises which is subject to the dispute resolution procedure.

A complaint shall not suspend the trader's obligations, unless the trader declares otherwise in writing.

If the trader considers that the complaint is justified, the trader shall, at his discretion, either replace or repair the products delivered free of charge.

Article 15 - Consent for SMS marketing

By consenting to Palm Aesthetics's SMS marketing at checkout and initiating a purchase or subscribing through our subscription tools, you agree to receive recurring text messages (for your order, including abandoned checkout reminders), SMS marketing offers and transaction texts, including requests for reviews from us, even if your mobile number is registered on a state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply with STOP to any mobile messages sent from us or use the unsubscribe link we have provided in any of our messages. You understand and agree that alternative methods of unsubscribing, such as using alternative words or prompts, will not be considered a reasonable way to unsubscribe. We do not charge a fee for the service, but you are responsible for any fees charged by your wireless provider in connection with text messaging. Message and data charges may apply.

If you have any questions, please text HELP to the number you received the messages from. You can also contact us at https://www.palmaestheticsfit.com/pages/contact-us for more information. 

We have the right to change the phone number or card number we use to operate the service at any time. You will be notified at such times. You agree that messages you send to a telephone number or card number that we have changed, including requests for STOP or HELP, may not be received, and we will not be responsible for fulfilling requests made in such messages.

To the extent permitted by applicable law, you agree that we are not responsible or liable for any failure, delay or misdirection in the delivery of any information sent through the Service, any errors in such information and/or any actions you may or may not take with respect to the information or the Service.

Your right to privacy is important to us. You can read our privacy policy https://palmaestheticsfit.com/pages/privacypolicy to find out how we collect and use your personal information. 

Article 16 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.

Article 17 – Contact information

Questions about the Terms and Conditions should be addressed to us at info@palmaestheticsfit.com

Disclaimer

Palm Aesthetics grants you access to the website www.palmaestheticsfit.com and invites you to purchase the products offered there. 

Palm Aesthetics reserves the right to adjust the content or remove parts at any time without notifying you.

Limited liability

Palm Aesthetics endeavours to update and add information to the website as often as possible. Despite this care and attention, it is possible that the content is incomplete and/or inaccurate. 

The products offered on the website are offered without any guarantee or claim of accuracy. This material is subject to change at any time without notice from Palm Aesthetics 

In particular, all prices on the site may be subject to typographical and programming errors. No responsibility is assumed for the consequences of such errors. No contract can be concluded on the basis of such errors. Palm Aesthetics can never be held liable for hyperlinks to third party websites or services on the website. 

Copyright

All intellectual property rights in this material belong to Palm Aesthetics.

Copying, distribution and other use of this material is not permitted without the written permission of Palm Aesthetics, except and only to the extent provided by provisions of mandatory law (e.g. right to quote), unless otherwise stated in specific material. 

This disclaimer may be amended from time to time.