GENERAL TERMS AND CONDITIONS:
1.1. BathandBodyWorks.nl is a website operated by Amarla B.V. (hereinafter referred to as “BBWNL”, “us” or “we”), Chamber of Commerce no. 70304910, located at Koningsplein 6, 1017BB Amsterdam, The Netherlands.
1.2. Please use BBWNL for any questions regarding the Terms and Conditions and matters connected to online orders and purchases.
1.3. These Terms and Conditions govern the selling terms of all orders placed by customer(s) (hereinafter referred to as “you” or the “Customer”) on the domain BathandBodyWorks.nl, any sub-domains, mobile websites or mobile applications, from the moment you place an order until payment and delivery. By ordering a product, you agree to be legally bound by these Terms and Conditions. Please make sure you have read and understood the Terms and Conditions before placing an order. The Customer and BBWNL are hereinafter collectively referred to as the “Parties”.
1.4. BBWNL reserves itself the right to amend these Terms and Conditions from time to time. The new version will not be retroactive, and the Parties shall only be bound by the Terms and Conditions which are online the day the order is placed.
1.5. In these Terms and Conditions, the following terms shall have the meaning ascribed to them below:
a) “Website” means the domain, sub-domains of BBWNL.
b) “You” means the customer who places an order.
c) “Customer” means the individual who places an order. Purchases made on our Website are only to private individuals and not companies.
d) “Working Day” means a day which is neither (i) a Saturday or Sunday, nor (ii) a bank or public holiday in the Netherlands.
e) “Order” means the order submitted by you to the Website to purchase product(s) from us.
f) “Content” means all texts, graphics, videos, pictures and all other information published on the Website.
g) “Third Party Websites” means any website not provided by BBWNL.
h) “Contract” means the order placed by you for the purchase of product(s) in accordance with these Terms and Conditions.
i) Words imparting the singular shall include the plural and vice versa.
2. ORDERING INFORMATION
2.1. You may only purchase products from us if you are legally capable of entering into a binding contract with us, you are an authorized user of the payment method used to pay for your order.
2.2. The use of our sites by a minor (an individual under 18 years of age) is subject to the consent of their parent or guardian and our contract is with the parent or guardian, who is responsible for the minor’s compliance. We advise parents or guardians who permit minors to use the site that it is important that they communicate with minors about their safety online, as moderation or vetting of advertisements is not guaranteed or fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them.
2.3. Our Website will guide you step by step for finalizing your purchase and placing your order. You will be informed with a recap’ detailing the substantial information of your order before placing your purchase. We strongly recommend you to carefully verify all the details of your order before placing your purchase as we cannot guarantee that we will be able to amend your details afterwards.
2.4. Once you have placed your order, we immediately contact your payment provider for authorization to take payment from your account. We will not process your order until we have received such authorization.
2.5. Once payment has been accepted, we’ll send you an e-mail to confirm the purchase. This email is acknowledgment of the purchasing contract between you and us.
2.6. BBWNL retains the right to refuse any purchase request made by you for legitimate grounds such as, for example, if we are not able to process your payment or if a product becomes out of stock. If a Product becomes out of stock between the time you place an order and the time our warehouse processes it, then our customer care will reach out to you to offer alternative products options or receive confirmation for partial order shipment. If for any reason we are unable to fulfill your order, you will receive a cancellation email. If payment has already been withdrawn for such cancelled order, we will refund the same amount using the same payment method. If, for any reason, alternative arrangements are necessary, our customer care team will contact you.
3. PRICING AND PAYMENT
3.1. Prices stated on the Website apply to all orders made through the Website. All prices are inclusive of VAT. Delivery costs and any other costs which might apply will be charged in addition and are clearly displayed during the checkout process.
3.2. BBWNL has the right to change or update information at any time without any warning, including errors with prices, details, and descriptions which appear on the Website.
3.3. If an incorrect information has been specified for any product you have purchased, do not hesitate to contact our customer care under the conditions laid down in provision 1.3 of these Terms and Conditions.
3.4. We offer various types of payment methods. You will be able to find all the payment methods available during the checkout process. Please note that we do not accept cash, cheques or bank transfers.
3.5. All payments are subject to validation checks and authorization by the payment service provider you have chosen. If the provider refuses to, or does not for any reason, authorize payment, you will then be notified by email and/or during checkout. Other Terms and Conditions might therefore apply.
3.6. If the provider refuses to, or does not for any reason, authorize payment, the order will be cancelled and you will then be notified by email and/or during checkout.
3.7. Occasionally, we may provide special offers and discounts relating to certain products on the Website. The conditions of use relating to any special offer or discount will be specified at the time of issue.
3.8. We reserve the right to withdraw such special offers or discounts at any time, without warning.
3.9. Please note that you are responsible for any costs associated with money transactions.
4. SHIPPING AND DELIVERY
4.1. Shipping costs will be charged in addition to the purchase price of your product, which is clearly displayed where applicable and included in the ‘Total’ section at checkout.
4.2. We aim to dispatch orders within one (1) to two (2) working days following the confirmation email. Please note that dispatch time might take longer due to seasonal peaks, sales, unexpected events, or availability of product.
4.3. You will receive a shipping confirmation email once your parcel has been dispatched, indicating an estimation of the time of delivery. The promised delivery time starts from the moment you receive your confirmation email.
4.4. We only have one shipping option via Post NL.
4.5. You must provide us with a complete and accurate delivery address information as we cannot change it after purchase. The customer is solely responsible for any error of delivery due to a lack of information or error on the delivery address while placing the order. Risk and ownership shall be transferred to you once the products are in your possession.
4.6. Our carriers will make every effort to deliver your order within the promised delivery time. Nevertheless, delays are sometimes inevitable. Please contact our customer care if you have not received your parcel within the promised delivery time.
4.7. Unless otherwise expressly agreed and if a delivery is delayed for more than 30 working days, you are entitled to cancel your purchase.
4.8. Our carriers do not deliver on weekends and public holidays. Please note delivery of your order may take longer during sale or other busy periods.
5. RIGHT OF WITHDRAWAL, RETURNS, AND REFUNDS
5.1. As a consumer you always have 14 days to exercise your right of withdrawal, but we offer a 30-day open purchase. Please note that you can only return products you have purchased through the Website.
5.2.1. Without prejudice to your statutory right of withdrawal (see below), you can return products for any reason up to 30 days after the shipment has been created. Please use the provided shipping label via our Website.
5.2.2. Returns are accepted provided that products are in their original condition and packaging, are unused, and have all original labels or tags attached. Due to hygienic and health reasons, we do not accept return for personal care products that may be unscrewed, tampered, or touch skin. All product returns will be inspected upon receipt by our warehouse.
5.2.3. BBWNL will bear the cost of your first return per order purchased, provided you use the return shipping label to be provided by us for shipment, otherwise you will be required to pay the return shipping cost.
5.2.4. A refund will be issued for all products returned that meet the above return criteria, as soon as your return reaches our warehouse and has been processed by us. The return process can take up to 14 days from the moment you send back your product. Once we have processed your return, you will receive a credit memo email. You will then receive your refund within two (2) to five (5) working days.
5.2.5. We do not currently offer product exchanges via our Website. If you wish to make a product exchange, please return the products you wish to exchange and place a new order for the products you wish to purchase instead.
5.2.6. BBWNL will refund the value of products damaged during shipping to you, as a result of our handling. We are permitted by law to reduce your refund amount for your return to reflect any reduction in the value of the items, if this has been caused by your handling, including any loss or damage that occurs during transit from you to us.
5.2.7. Refunds are performed at the value of the product on the date and time of purchase. In the case an item has been purchased as part of a promotion or bundle dealing, its value will be calculated as the proportional offer price per item within the promotion.
5.2.8. All refunds will be made using the same method of payment you used to purchase the product.
5.3 Right of Withdrawal
5.3.1. You have the right to withdraw your purchase with us within 14 days without giving any reason. This period starts from the day your order’s shipment has been created. We have extended this period for another 14 days, please refer to the relative procedure when you wish to exercise your the right of withdrawal.
5.3.2. If you withdraw your purchase with us, we shall reimburse to you all payments received for the items returned. We will carry out such reimbursement using the same means of payment as you used for the initial transaction. We will bear the costs of returning the order provided you use the return shipping label to be provided by us for shipment, otherwise you will be required to pay the return shipping costs. We are permitted by law to reduce your refund to reflect any reduction in the value of the items, if this has been caused by your handling, including any loss or damage that occurs during transit.
6. LIMITATION OF LIABILITIES AND WARRANTIES
6.1. We make no warranties in relation to this Website or the information, materials, contents made available. We do not warrant that the website will be continuously available, or the information on this Website is true, non-misleading or accurate.
6.2. Any information and contents on the Website should not be construed as BBWNL giving advice of any kind.
6.3. You agree not to use any of our products for any commercial and/or business purposes, and we exclude liability for loss of revenue/profits, loss of contracts, loss of business, loss of opportunity or loss of reputation. Our maximum liability to you for any loss or damage arising in connection with your purchase on the Website shall be limited to the total price of your order.
6.4. ALL PRODUCT DESCRIPTIONS AND SPECIFICATIONS ARE PROVIDED TO US BY LBRANDS, its subsidiaries and/or BATH AND BODY WORKS, INC. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF SUCH DESCRIPTION OR SPECIFICATION. WE PROVIDE NO WARRANTIES, GUARANTEES OR COVENANTS OF ANY KIND RELATING TO THE FITNESS, QUALITY, SAFETY, OR INABILITY TO USE, OR INABILITY TO HAVE REPAIRED OR SERVICED, ANY PRODUCT PURCHASED BY YOU. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO FITNESS, QUALITY, OR SAFETY OF THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED AT LAW, WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), OR UNDER ANY STATUTORY IMPLIED TERM) FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED OR OBTAINED, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. OUR MAXIMUM LIABILITY TO YOU IS THE AMOUNT CHARGED TO YOUR CREDIT CARD OR OTHER FORM OF PAYMENT. DESPITE ANYTHING ELSE CONTAINED IN THESE TERMS. NEITHER PARTY EXCLUDES ANY LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT ONLY THAT IT ARISES AS A RESULT OF THE NEGLIGENCE OF THAT PARTY, ITS EMPLOYEES, AGENTS OR AUTHORISED REPRESENTATIVES.
6.5. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.
6.6. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
6.6.1. Use of, or inability to use, our Website; or
6.6.2. Use of or reliance on any content displayed on our Website.
6.7. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
6.8. We assume no responsibility for the content of Websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked Websites. We will not be liable for any loss or damage that may arise from your use of them.
7.1. The trademarks, names and logos displayed on the Website are registered and unregistered trademarks of Bath & Body Works, Inc. Prior written permission from BBWNL is required for use of any trademark, image or video from the Website. Thus, it is strictly forbidden to copy, reproduce, download, post, transfer or distribute any document which comes from the Website, in any ways.
8. EVENTS OUTSIDE OUR CONTROL
8.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
8.2. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, backorder situations or delays caused by the retailer or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
8.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
8.3.1. We will contact you as soon as reasonably possible to notify you; and
8.3.2. Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
8.3.3. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days from the date of order. To cancel please contact us. If you opt to cancel, you will have to return any relevant Products you have already received, and we will refund the price you have paid, including any delivery charges (where applicable).
9. CONFLICT OF TERMS AND CONDITIONS
9.1. If there is conflict or contradiction between the provisions of these Terms and Conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section of BBWNL will no longer be valid.
10.1 1If any provision of these Terms and Conditions becomes unenforceable or invalid in any jurisdiction, court or authority, the remaining provision and all other provisions will remain in full force and effect.
11. ONLINE DISPUTE RESOLUTION
11.1. The EU (Online Dispute Resolution for Consumer Disputes) Regulations 2015 requires all traders established in the European Union, who engage in online sales or services contracts, and all online marketplaces established within the European Union to provide:
11.1.1. An electronic link to the ODR Platform which is available at http://ec.europa.eu/consumers/odr/.
11.1.2. If you wish to contact Amarla directly regarding your Online Dispute you can do so at [email protected]
12.1. You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.
13.1. Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to our site, prohibiting you from accessing our site, blocking computers using your IP address from accessing our site, contacting your internet service provider to request that they block your access to our site and/or bringing court proceedings against you.