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General terms & Conditions

Article 1. General Provisions

1.1 These General Terms and Conditions apply to all offers, agreements and all acts arising therefrom relating to the sale and delivery of products to you, the customer, via the Beauty Company website. Any terms and conditions submitted or invoked by you are expressly rejected.

1.2 By accepting an offer or placing an order via the Beauty Company website, you agree to be bound by these General Terms and Conditions.

1.3 If any provision of these General Terms and Conditions is null and void or is annulled, the remaining provisions shall remain in full force and effect.

1.4 Any deviations from or additions to these General Terms and Conditions shall only be valid if agreed in writing.

Article 2. When is an Agreement Concluded?

2.1 All offers made by Beauty Company are non-binding and shall remain valid for a period of 14 days, unless otherwise stated in the agreement.

2.2 An agreement is concluded when you submit a request or place an order and Beauty Company confirms it in writing.

2.3 If an amendment to the agreement results in additional costs, Beauty Company shall be entitled to charge these additional costs to you.

2.4 No rights may be derived from previous offers or advertising materials issued by Beauty Company.

Article 3. How Does Delivery Take Place?

3.1 Beauty Company shall perform its obligations as agreed in writing and shall be entitled to engage third parties for the performance thereof.

3.2 Any agreed delivery time shall not constitute a strict deadline. Delivery times are approximate and are determined on the basis of the information and circumstances known to Beauty Company at the time the agreement is concluded.

3.3 If you have not yet fulfilled all obligations, including payment obligations, arising from the agreement, Beauty Company shall be entitled to suspend its delivery obligations until you have fulfilled all such obligations.

3.4 All goods delivered shall remain the property of Beauty Company until you have fulfilled all obligations arising from the agreement.

Article 4. What Can You Expect from Beauty Company?

4.1 Beauty Company shall use its best efforts to safeguard your interests.

4.2 At your request, Beauty Company shall keep you informed of the performance of the agreed activities.

4.3 If you notify Beauty Company in a timely manner that the goods delivered do not conform to the agreement, Beauty Company shall carry out the necessary repairs or provide a replacement product as soon as reasonably possible.

4.4 Beauty Company shall treat all information provided by you as confidential insofar as Beauty Company knows or reasonably ought to know that such information is confidential.

Article 5. What Are Your Obligations?

5.1 You must provide Beauty Company, in a timely and complete manner, with all information required by Beauty Company for the proper performance of its obligations. You warrant that all information provided is accurate.

5.2 You are obliged to inspect and examine the goods immediately upon receipt. Any objections, defects or faults must be reported to Beauty Company immediately in writing or, in the case of a distance consumer purchase, within the withdrawal period referred to in Article 7.1. In the absence of such notification, the relevant goods shall be deemed to have been delivered without damage, faults or defects, and Beauty Company shall be deemed to have performed its obligations in accordance with the agreement.

5.3 Complaints relating to defects and/or faults that were not immediately apparent must be reported to Beauty Company in writing immediately upon discovery, enabling Beauty Company to investigate the validity of the complaint and, where necessary, carry out repairs. Beauty Company shall determine whether a product will be repaired or replaced.

5.4 If the performance of the agreement is delayed due to circumstances attributable to you, all costs and losses arising from such delay shall be for your account and risk. Shipping costs relating to a complaint concerning a product shall also be borne by you.

5.5 You must comply with all instructions provided on the packaging and in any accompanying information leaflets. Beauty Company cannot be held liable for any use of a product contrary to such instructions or for any resulting loss or damage.

Article 6. How Do You Pay for Beauty Company Products?

6.1 Payment shall be made by means of an online payment transaction.

6.2 You shall not be entitled to set off any amounts owed by you against any claim you may have against Beauty Company.

6.3 If you fail to make payment within the agreed payment period, statutory interest shall become due immediately following the due date of the invoice. You shall also be liable for all judicial and extrajudicial debt collection costs incurred by Beauty Company. Such costs shall be calculated in accordance with the Dutch Besluit vergoeding voor buitengerechtelijke incassokosten (Decree on Compensation for Extrajudicial Collection Costs). If Beauty Company incurs costs exceeding the amount calculated pursuant to this Decree, Beauty Company shall be entitled to charge you the costs actually incurred, to the extent permitted by applicable law.

6.4 Beauty Company shall be entitled to amend the applicable payment terms if it considers that your financial position, payment history or the nature of its business relationship with you gives reasonable grounds to do so.

6.5 If you pay by credit card, the credit card details will be verified before the payment is processed. Products shall only be shipped to the address provided by you as the address of the credit card holder.

Article 7. When and How Does the Agreement End?

7.1 If you are a consumer, you have the right to withdraw from the agreement without giving any reason within 14 days following receipt of the product. If you wish to exercise this right, you must notify Beauty Company in writing within the withdrawal period or complete the model withdrawal form available on the website.

7.2 During the withdrawal period, you must handle the product and its packaging with due care. You may only handle and inspect the product to the extent that you would be permitted to do so in a physical shop. If the value of the product is diminished as a result of your handling of the product or its packaging beyond what is necessary for such inspection, you shall be liable to Beauty Company for such diminution in value.

7.3 If you withdraw from the agreement within the 14-day withdrawal period, you must return the product(s) to Beauty Company no later than 14 days from the date on which you exercised your right of withdrawal. If you exercise your right of withdrawal, the product must be returned with all accessories supplied and, where reasonably possible, in its original condition and packaging. If the product is damaged, or if the packaging has been damaged beyond what is necessary to inspect the product, Beauty Company may charge you for the resulting diminution in value. You must therefore handle the product with due care and ensure that it is properly packaged when returned.

7.4 If you exercise your right of withdrawal, Beauty Company shall refund your payments within 14 days following notification of the return, using the same payment method that you used for the original transaction. Beauty Company may withhold reimbursement until it has received the returned goods or until you have provided evidence that the goods have been returned, whichever occurs first.

If you exercise your right of withdrawal, the full order amount, including the original shipping costs, will be refunded. Only the direct costs of returning the goods from your address to Beauty Company shall be borne by you. Beauty Company shall refund the amount due within 14 days following notification of the return, provided that the product has been received back in good order, subject to Beauty Company's statutory right to withhold reimbursement until the returned goods or evidence of return have been received.

7.5 The following products are excluded from the withdrawal period referred to above:

  • products manufactured by the trader in accordance with the buyer's specifications;

  • products that are clearly personal in nature;

  • products that, by their nature, cannot be returned;

  • products that are liable to deteriorate or expire rapidly;

  • products whose prices are subject to fluctuations in the financial market over which the trader has no control;

  • individual newspapers and magazines;

  • audio and video recordings and computer software where the buyer has broken the seal;

  • sealed products which are not suitable for return for reasons of health protection or hygiene where the seal has been broken by the buyer;

  • products whose packaging has clearly been damaged or which are no longer in their original packaging.

7.6 If you terminate the agreement due to circumstances attributable to you, or if you cancel the agreement otherwise than pursuant to your statutory right of withdrawal, you shall be obliged to reimburse Beauty Company for all costs incurred and bear all financial consequences arising from the non-performance of the agreement, including, for example, loss of profit, insofar as permitted by applicable law.

7.7 Beauty Company shall be entitled to suspend performance of the agreement with immediate effect, without prior notice to you, or to terminate the agreement in whole or in part if:

  • you fail to fulfil your obligations under the agreement, or fail to do so in a timely manner;

  • you become bankrupt, apply for or are granted a provisional or definitive suspension of payments, are placed under guardianship, become subject to a debt restructuring arrangement, or your business is discontinued, liquidated or transferred in whole or in part.

7.8 In such circumstances, Beauty Company shall not be liable to pay any compensation to you and shall furthermore retain the right to claim compensation and/or payment from you.

7.9 In all circumstances referred to above, all claims of Beauty Company against you shall become immediately due and payable, and you shall be obliged to return the goods delivered immediately.

Article 8. How May You Use the Website and My Account?

8.1 All prices and rates stated on the Beauty Company website and in Beauty Company mailings are exclusive of VAT and are subject to price changes, programming errors and typographical errors.

8.2 Product images may not always correspond exactly to the appearance of the products delivered. In particular, following changes or updates to a manufacturer's product range, changes may occur in the appearance and packaging of products. Such changes in appearance or packaging shall not in themselves constitute a defect or give rise to a complaint.

8.3 All intellectual property rights, including but not limited to copyrights, trademark rights and database rights, relating to the information, texts, images, logos, photographs and illustrations on the website, as well as the layout and design of the website, are owned by Beauty Company and/or its licensors. You must refrain from any infringement of such rights, including making copies of the website other than technical copies necessary for the normal use of the website.

8.4 Beauty Company compiles and maintains the information on its website with due care and attention. Nevertheless, errors cannot always be prevented. No rights may therefore be derived from the information made available on the website. Beauty Company accepts no liability for any loss or damage arising in any way from the use of the website, from incomplete and/or inaccurate information provided on the website, or from the temporary or permanent unavailability of the website.

8.5 Beauty Company accepts no responsibility for photographs, descriptions or other informational or promotional materials published on the website that have been supplied or issued by third parties.

8.6 If you apply for an account with Beauty Company, you will receive a username and password following approval of your application. These login details are strictly confidential and intended solely for your own use.

8.7 By applying for an account, you warrant that you are authorised to place orders.

Article 9. What Constitutes Force Majeure and What Are Its Consequences?

9.1 Force majeure means circumstances beyond Beauty Company's reasonable control as a result of which Beauty Company is unable to perform its obligations, is unable to perform them on time, or is unable to perform them properly, without such failure being attributable to Beauty Company. Force majeure includes, but is not limited to, fire, theft, acts of violence, riots, strikes, occupation of business premises, operational disruptions, war, severe weather conditions, circumstances rendering the place of performance inaccessible, changes in laws or regulations, and failure by a supplier to perform its obligations.

9.2 In the event of force majeure, Beauty Company shall be entitled to suspend performance of the agreement or terminate the agreement in whole or in part without being liable to pay compensation to you.

Article 10. Liability

10.1 You must notify Beauty Company in writing of any changes to your address or other personal details no later than fourteen (14) days before such changes take effect. Any consequences resulting from a failure to notify Beauty Company of such changes in a timely manner shall be entirely for your account and risk.

10.2 Beauty Company shall provide its services to the best of its knowledge and ability. However, Beauty Company cannot guarantee that a desired result will be achieved at any particular time.

10.3 If Beauty Company is liable for any loss or damage, its liability shall be limited to the amount paid out in respect of such loss or damage under Beauty Company's business liability insurance. If the maximum amount insured exceeds the value of the relevant assignment or order, Beauty Company's liability shall in any event be limited to the value of the assignment or order insofar as it relates to the services provided.

10.4 If a third party holds you liable for compensation for loss or damage, you may not pass such claim on to Beauty Company.

Article 11. Complaints and Disputes

11.1 Beauty Company maintains a clear complaints procedure. Every complaint shall be handled in accordance with this complaints procedure.

11.2 If you have a complaint regarding the performance of the agreement, you must submit it to Beauty Company within two months after discovering the defect, providing a full and clear description of the complaint.

11.3 Beauty Company shall endeavour to respond within 14 days of receiving the complaint. If a complaint requires a longer processing period, you will receive an acknowledgement of receipt within the aforementioned 14-day period, including an indication of when you may expect a more detailed response.

11.4 In the event of a complaint, you must first contact Beauty Company and allow Beauty Company the opportunity to provide an appropriate solution. If the online store is affiliated with WebwinkelKeur and the parties are unable to resolve the complaint between themselves, you may refer the matter to WebwinkelKeur. WebwinkelKeur provides mediation free of charge. You can verify whether the online store has a current WebwinkelKeur membership via the WebwinkelKeur members list.

11.5 If mediation by WebwinkelKeur does not result in a resolution, you may also submit the complaint to the independent disputes committee designated by WebwinkelKeur. If you choose to do so, costs may be charged to you.

11.6 If a dispute nevertheless arises, it shall be submitted to the competent court of the District Court of Oost-Brabant, subject to any mandatory statutory rules regarding jurisdiction. The right to commence legal proceedings in respect of a dispute shall expire one year after the circumstances giving rise to the dispute arose, insofar as such limitation is permitted under applicable law.

Article 12. Governing Law

All agreements, these General Terms and Conditions and all acts arising therefrom shall be governed by Dutch law.

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