HMN SKINCARE TERMS & CONDITIONS

(Last Updated April 22th, 2025) 

General Terms and Conditions of HMN Skincare B.V.

Website: www.hmn-skincare.com

Based on the model terms and conditions of WebwinkelKeur.

Table of Contents

1. Definitions
2. Identity of the Entrepreneur
3. Applicability
4. The Offer
5. The Agreement
6. Right of Withdrawal
7. Costs in Case of Withdrawal
8. Exclusion of Right of Withdrawal
9. The Price
10. Conformity and Warranty
11. Delivery and Execution
12. Duration Transactions: Duration, Termination, and Renewal
13. Payment
14. Complaints Procedure
15. Disputes
16. Additional or Deviating Provisions

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General Terms and Conditions of HMN Skincare B.V.

Website: https://www.hmn-skincare.com
Based on the model conditions of WebwinkelKeur.

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Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer can exercise the right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally, in a way that allows future consultation and unaltered reproduction of the stored information;
6. Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
7. Model withdrawal form: the form provided by the entrepreneur which a consumer can use to exercise the right of withdrawal;
8. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
9. Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, one or more techniques for distance communication are used exclusively until the conclusion of the contract;
10. Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being together in the same place at the same time;
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

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Article 2 – Identity of the Entrepreneur

HMN Skincare B.V.
Westeinde
1017 ZN 10
Netherlands

Email: constantijn@hmn-skincare.com
Chamber of Commerce (KVK): 72348100
VAT number: NL859080547B02

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Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated that the terms and conditions can be viewed at the entrepreneur’s premises and will be sent free of charge at the consumer’s request.
3. If the distance contract is concluded electronically, the text of these terms and conditions may be made available electronically in such a way that the consumer can easily store them on a durable data carrier.
4. If specific product or service conditions apply in addition to these general terms, the most favorable provision for the consumer prevails in case of conflicting conditions.
5. If one or more provisions are invalid or annulled, the remaining provisions remain in force, and the invalid provision will be replaced by a valid one as close as possible in meaning.
6. Situations not covered by these terms must be interpreted ‘in the spirit’ of these terms.
7. Uncertainties about the interpretation or content of one or more provisions must also be interpreted ‘in the spirit’ of these terms.

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Article 4 – The Offer

1. If an offer is of limited duration or subject to conditions, this will be explicitly stated.
2. The offer is non-binding; the entrepreneur may change or withdraw it.
3. The offer includes a complete and accurate description of the products/services. Images used are truthful representations. Obvious errors or mistakes do not bind the entrepreneur.
4. All images, specifications, and information in the offer are indicative and cannot lead to compensation or dissolution.
5. Product images reflect the actual product but may not perfectly match the real color.
6. Each offer includes clear information about rights and obligations upon acceptance, including:
   • Price including taxes;
   • Shipping costs;
   • How the contract is formed and necessary steps;
   • Right of withdrawal applicability;
   • Payment, delivery, and execution methods;
   • Validity of the offer;
   • Any additional costs for communication;
   • Whether the contract is archived and accessible to the consumer;
   • How the consumer can correct entered data;
   • Possible other languages;
   • Codes of conduct followed by the entrepreneur;
   • Minimum duration in case of a duration contract.

Article 5 – The Agreement

1. The agreement is concluded at the moment the consumer accepts the offer and meets the associated conditions, subject to paragraph 4.
2. If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. Until this confirmation is received, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may, within legal boundaries, verify whether the consumer can meet their payment obligations, as well as all relevant facts for responsibly concluding the contract. If the entrepreneur has valid grounds to refuse the agreement based on this research, they may reject the order or attach special conditions.
5. The entrepreneur will provide the consumer, in writing or on a durable data carrier, the following information:
   • The physical address of the entrepreneur’s business for complaints;
   • The conditions and process for exercising the right of withdrawal, or a clear notice if this right is excluded;
   • Information on warranties and post-purchase services;
   • The details stated in Article 4, paragraph 3, unless already provided;
   • The requirements for terminating the contract if it lasts more than one year or is indefinite.
6. For duration contracts, the previous clause applies only to the first delivery.
7. Every agreement is concluded under the condition of sufficient product availability.

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Article 6 – Right of Withdrawal

For product delivery:

1. Consumers may cancel the agreement within 14 days without giving reasons. The reflection period starts the day after the product is received by the consumer or a representative.
2. During this period, the consumer must handle the product and packaging carefully, unpacking or using it only to assess whether they wish to keep it. If returning the product, it must be sent back in original condition and packaging, including all accessories, per the entrepreneur’s instructions.
3. To use the right of withdrawal, the consumer must notify the entrepreneur within 14 days after receipt. This can be done using the model form or via email. After notification, the consumer must return the product within 14 days. Proof of return, like a shipping receipt, must be provided.
4. If the consumer has not indicated withdrawal or returned the product within the required time, the purchase becomes final.

For service delivery:

1. The consumer can dissolve a service contract within at least 14 days from the contract date without giving reasons.
2. To exercise the right of withdrawal, the consumer must follow the entrepreneur’s reasonable and clear instructions given during or prior to the service delivery.

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Article 7 – Costs in Case of Withdrawal

1. The consumer bears the direct cost of returning the product.
2. If the consumer has paid, the entrepreneur will refund the amount within 14 days of withdrawal—provided the product is received or return proof is submitted. Refunds will be made using the same payment method unless the consumer agrees otherwise.
3. If the product is damaged due to careless handling, the consumer is liable for any depreciation in value.
4. The consumer cannot be held liable for any loss in value if the entrepreneur did not provide all the required information about the right of withdrawal prior to the agreement.

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Article 8 – Exclusion of Right of Withdrawal

1. The entrepreneur may exclude the right of withdrawal for the products/services in paragraphs 2 and 3, provided this is clearly stated in the offer or before concluding the contract.
2. Exclusion is only possible for products:
   • Made to consumer specifications;
   • Clearly personal in nature;
   • That cannot be returned due to their nature;
   • That spoil or age quickly;
   • Priced based on financial market fluctuations;
   • Newspapers and magazines;
   • Audio/video recordings or software where the seal is broken;
   • Hygiene products with broken seals.
3. Exclusion for services applies to:
   • Accommodation, transport, restaurant, or leisure activities for a specific date or period;
   • Services begun with the consumer’s explicit consent before the withdrawal period ended;
   • Betting and lotteries.

Article 9 – 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 due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services with prices subject to fluctuations in the financial market that are beyond their control. Such volatility and indicative pricing must be mentioned in the offer.
3. Price increases within 3 months after concluding the agreement are only allowed if resulting from legal regulations or provisions.
4. Price increases after 3 months are only allowed if the entrepreneur has stipulated this and:
   • They result from legal regulations or provisions; or
   • The consumer has the option to terminate the agreement from the day the price increase takes effect.
5. Prices stated in the offer for products or services include VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for such errors, and the entrepreneur is not obliged to deliver products at incorrect prices.

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Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications in the offer, reasonable usability and reliability, and applicable laws and regulations at the time of contract formation.
2. Any additional warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights under the agreement.
3. All products are subject to the legal warranty. The duration depends on the type of product.
4. Any defects or incorrectly delivered products must be reported to the entrepreneur within 2 months of discovery.
5. Warranty is void if:
   • The consumer or a third party has repaired or modified the product;
   • The product was exposed to abnormal conditions or handled improperly, contrary to the instructions or packaging;
   • The defect is wholly or partly due to government regulations regarding the materials used.

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Article 11 – Delivery and Execution

1. The entrepreneur will handle order acceptance and execution with the utmost care.
2. The delivery address is the one provided by the consumer.
3. Accepted orders will be executed as soon as possible and within 30 days, unless a longer delivery period has been agreed. If delayed or partially fulfilled, the consumer will be informed within 30 days and may cancel the contract free of charge. No compensation will be due.
4. Delivery times are indicative. No rights can be derived from them. Delay does not entitle the consumer to compensation.
5. Upon cancellation under paragraph 3, the entrepreneur will refund the amount paid by the consumer within 14 days.
6. If delivery of an ordered product proves impossible, the entrepreneur will attempt to deliver a replacement item. This will be clearly communicated upon delivery. For replacements, the right of withdrawal remains applicable. Return costs are the entrepreneur’s responsibility.
7. The risk of damage or loss remains with the entrepreneur until delivery to the consumer or a representative specified in advance, unless otherwise agreed.

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Article 12 – Duration Transactions: Duration, Termination, and Renewal

Termination:

1. The consumer may terminate a contract of indefinite duration (e.g. regular delivery of products or services, including electricity) at any time, observing a maximum notice period of one month.
2. For fixed-term contracts (e.g. subscriptions), the consumer may terminate at the end of the fixed period, with a notice period of no more than one month.
3. In all cases, the consumer may:
   • Terminate at any time and not be limited to specific times or periods;
   • Terminate via the same method the contract was entered;
   • Use the same notice period as the entrepreneur applies to themselves.

Renewal:

1. Fixed-term contracts for the regular supply of products or services may not be automatically extended.
2. Exceptions: subscriptions to daily, news, or weekly publications may be renewed for a maximum of three months, with a one-month notice period.
3. Contracts may only be renewed indefinitely if the consumer can terminate at any time with one month’s notice, or three months in the case of less-than-monthly deliveries.

Article 13 – Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of a service agreement, this period starts after the consumer receives confirmation of the agreement.
2. The consumer must immediately report any inaccuracies in provided or stated payment details to the entrepreneur.
3. If the consumer fails to pay, the entrepreneur is entitled—subject to legal limitations—to charge the reasonable costs previously communicated to the consumer.

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Article 14 – Complaints Procedure

1. The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the performance of the contract must be submitted within 2 months, fully and clearly described, after the consumer identifies the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires more time, the entrepreneur will reply within 14 days with an acknowledgment and an estimate of when a full response can be expected.
4. If a complaint cannot be resolved by mutual agreement, a dispute arises that is eligible for dispute resolution.
5. Consumers must first submit complaints to the entrepreneur. If the web store is affiliated with WebwinkelKeur and the complaint is not resolved through mutual discussion, the consumer may contact WebwinkelKeur (www.webwinkelkeur.nl), which offers free mediation. If mediation fails, the consumer can submit the complaint to an independent disputes committee designated by WebwinkelKeur. This decision is binding, and both parties agree to the binding nature. Fees may apply for submitting a complaint to this committee.
6. A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
7. If the complaint is found valid by the entrepreneur, the entrepreneur will replace or repair the delivered product free of charge.

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Article 15 – Disputes

1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer lives abroad.
2. The Vienna Sales Convention (CISG) does not apply.

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Article 16 – Additional or Deviating Provisions

Additional or deviating provisions from these general terms must not disadvantage the consumer and must be recorded in writing or in a manner that allows the consumer to store them accessibly on a durable data carrier.

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