General conditions
Article 1. General terms and conditions Dutch Nail Cosmetics
1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") apply to all quotations, offers, work, orders, agreements and supplies of services or products by or on behalf of Dutch Nail Cosmetics. The Terms and Conditions are provided to the Customer according to legal requirements and we assume that Customer has read and accepted them.
1.2 In addition to these Terms and Conditions, Dutch Nail Cosmetics may apply additional terms and conditions specific to certain transactions or work. These additional terms and conditions are part of these Terms and Conditions. Additional Terms and Conditions apply, inter alia, to the various trainings, courses and workshops (hereinafter referred to as Courses) offered by Dutch Nail Cosmetics. These terms and conditions are provided with the purchase of the Training.
1.3 The Terms and Conditions of Dutch Nail Cosmetics always take precedence over those of the customer, even if the customer has other terms and conditions. Any general terms and conditions of the customer are hereby expressly rejected.
1.4 If one or more provisions of these Conditions are found to be invalid, the remaining Conditions shall remain in force. The invalid provision will then be replaced by mutual agreement with a provision that comes as close as possible to the original intention.
1.5 Situations not covered in these Terms or ambiguities regarding the interpretation of one or more provisions will be judged according to the intent of these Terms.
1.6 Dutch Nail Cosmetics may unilaterally change the Terms and Conditions at any time. Customer will be informed about this. If Customer disagrees with the new Conditions, this must be indicated in writing within 5 working days. Failing this, Dutch Nail Cosmetics will assume that Customer accepts the changes.
Article 2. Definitions
2.1 In these Terms and Conditions, the following definitions are used:
Article: | Article in these Terms or in the Agreement between the Parties; |
Third: | Party other than Dutch Nail Cosmetics or Customer; |
Dutch Nail Cosmetics | The private company with limited liability, having its registered office at Otto van Tussenbroekstraat, 3059 LR Rotterdam, registered in the trade register of the Chamber of Commerce under the number 24467671, which can be reached via telephone number 010 307 24 25 and by e-mail at info@dutchnailstore.nl; |
Client: | The party that either as a natural person not acting in the exercise of profession or business, or as a legal person acting in the exercise of profession or business, enters into an Agreement with Dutch Nail Cosmetics; |
Agreement: | The Agreement entered into between the Parties to which these Terms and Conditions apply; |
Parties: | Dutch Nail Cosmetics and Customer together; |
Prerequisites: | These General Terms and Conditions of Dutch Nail Cosmetics. |
2.2 These definitions are used in these Terms in both singular and plural.
Article 3. Agreements and prices Dutch Nail Cosmetics
3.1 An Agreement between the Parties arises when Dutch Nail Cosmetics receives an order from Customer via email, the webshop, by telephone or by a physical purchase in the salon. Customer is responsible for the accuracy and completeness of the data provided to Dutch Nail Cosmetics on which the order is based.
3.2 All prices are subject to printing and typesetting errors. In case of incorrect prices Dutch Nail Cosmetics is not obliged to supply the product or service at the incorrect price and no liability is accepted for the consequences of these errors.
3.3 Dutch Nail Cosmetics may change the prices of its products and services at any time.
3.4 Dutch Nail Cosmetics ensures that the description of the products and services is clear and accurate so that the customer gets a good idea of what is offered. If images are used, they give a realistic picture of the products and services. However, obvious mistakes or errors in the offer do not bind Dutch Nail Cosmetics.
3.5 All images, specifications and data in the offer are only indicative and cannot give rise to compensation or dissolution of the agreement. Photographs of products and results of treatments, such as (gel) nail polishes, posted on social media or the website/webshop serve as examples only. The exact color of these products may vary greatly due to factors such as photo quality, treatment, lighting and other environmental conditions.
3.6 Dutch Nail Cosmetics may, within the legal rules, investigate whether Customer can meet his payment obligations. If this investigation shows that there are reasons not to enter into the Agreement, Dutch Nail Cosmetics may refuse an order or set special conditions for delivery.
3.7 Each Agreement is entered into under the condition precedent that the products or services are available.
3.8 Dutch Nail Cosmetics has the right not to accept orders and assignments without giving reasons.
3.9 Customer's rights under an Agreement between Parties cannot be transferred to Third Parties without the prior written consent of Dutch Nail Cosmetics.
Article 4. Right of withdrawal and return policy
4.1 Customer may cancel an online purchase within 14 days of receiving the (complete) order without giving any reason, provided that:
- Customer follows the return policy [note link to return page] of Dutch Nail Cosmetics;
- The product is unused;;
- It is not a specially tailored product;
- It is not a hygiene-sensitive product;
- The seal is intact;
- Customer has not waived the right of withdrawal.
4.2 Customer returns the product in its original condition and packaging, unopened and undamaged.
4.3 Customer should use the return form [note link] to register a return.
4.4. Customer must return the product within 14 days after notification of the return. If customer does not do this in time, the right of withdrawal expires.
4.5 Return costs shall be borne by the Customer and returns shall be made at the Customer's own responsibility and risk.
Article 5. Shipment(s) and delivery(s)
5.1 Delivery by Dutch Nail Cosmetics takes place while supplies last.
5.2 Dutch Nail Cosmetics strives to ship orders within 3 business days in the Netherlands and within 7 business days to other European countries. These are guidelines; exceeding them does not entitle to cancellation or compensation.
5.3 Exceptions to the delivery time may occur, such as when busy due to offers, new collections or holidays.
5.4 If payments are not made on time by Customer, Dutch Nail Cosmetics may delay delivery until the amount is paid. In case of creditor default a delayed delivery cannot be charged to Dutch Nail Cosmetics.
5.5 Delivery will be made to the address provided by Customer. We rely on the accuracy of this information and are not responsible if it turns out to be incorrect. Please ensure that delivery can be made (on time).
5.6 Dutch Nail Cosmetics depends on external carriers for delivery. The conditions of these carriers apply, and we have no influence on them.
5.7 If an order does not arrive on time, for example because the package is lost during delivery, Customer should report this to Dutch Nail Cosmetics as soon as possible, but at the latest within 5 working days after the expected delivery date. If the expected delivery date has not yet passed, Dutch Nail Cosmetics will ask Customer to wait it out. If the expected delivery date has already passed 5 business days, Dutch Nail Cosmetics will have an investigation initiated with the carrier. In order to start such an investigation Customer is required to sign a recipient's declaration. This form will be sent to Buyer by Dutch Nail Cosmetics.
5.8 An investigation into the status of a (missing) package at the carrier usually takes 12 working days. Customer gives Dutch Nail Cosmetics the opportunity to wait for this period, before Dutch Nail Cosmetics will proceed to reship Customer's order, whether or not free of charge. If (from carrier's examination or other form of receipt) it appears that the package has been delivered to Customer, Dutch Nail Cosmetics will not proceed to reship Customer's order at no cost.
5.9 If (from examination by the carrier) it appears that the Customer has given the delivery person permission to deliver the package elsewhere, e.g. to the neighbors or another place around the house, the Customer himself bears the risk of incorrect delivery of the package. In that case Dutch Nail Cosmetics is not obliged to resend the package free of charge if the package goes missing.
5.10 Customer cannot claim a refund during the examination period and the dispatch of the new package. Only if the resent package is also not delivered on time - and at the latest within 30 days - will the purchase price be refunded to Customer.
5.11 If the packaging of a product is opened or damaged at the time of delivery, Customer should ask the delivery person to make a note of this before taking delivery of the product, or explicitly refuse the package for this reason. Failing this, Dutch Nail Cosmetics is not responsible for any damage and Customer should contact the carrier in this respect.
Article 6. Conformity and warranty
6.1 Dutch Nail Cosmetics guarantees that the products and services meet the agreements, the specifications in the offer, and the legal requirements valid at the time of purchase.
6.2 The included instructions state how the products should be stored and used. If Customer does not comply with these instructions, Dutch Nail Cosmetics cannot guarantee that the products will continue to meet the aforementioned requirements.
6.3 Dutch Nail Cosmetics advises the customer on the suitability of the products and emphasizes that they are for professional use. If individuals use the products without proper education or training, Dutch Nail Cosmetics is not liable for disappointing results. Nor is Dutch Nail Cosmetics responsible if the customer deviates from their advice.
6.4 Dutch Nail Cosmetics' warranty applies only to defects due to manufacturing, construction or material defects.
6.5 The warranty does not apply to normal wear and tear, damage caused by accidents, modifications to the product, negligence, or misuse by Customer. Nor if the cause of the defect is not obvious.
Article 7. Dissolution
7.1 Dutch Nail Cosmetics may rescind the Agreement without notice of default, judicial intervention and damages, if:
- Client is declared bankrupt or enters debt restructuring;
- Customer applies for or is granted deferred payment;
- Customer loses control of a major part of its assets due to seizure or otherwise;
- Dutch Nail Cosmetics has good reason to doubt whether Customer can still fulfill its obligations;
- Customer fails to fulfill his or her payment obligations.
7.2 In situations as described above, Customer's outstanding amount becomes due immediately.
Article 8. Payment
8.1 Unless otherwise agreed, Customer shall pay the amount due directly when placing an order in the webshop and/or when purchasing products in the salon.
8.2 If Customer receives an invoice, it should be paid within 7 days of receipt. In case of late payment Dutch Nail Cosmetics charges the statutory interest, with a minimum of € 50 per month. After 21 days Customer receives a reminder and is formally in default. If payment is still not made after 30 days, Dutch Nail Cosmetics may outsource the claim to a collection agency or lawyer, whereby Customer becomes liable for additional costs. In addition, administration costs of 15% of the claim, with a minimum of € 80,00 will be charged.
8.3 In the event of late payment, Dutch Nail Cosmetics may cancel the Agreement or (temporarily) stop the work or supply of products, including for other agreements of the same Customer, without the Customer being entitled to claim damages.
8.4 Customer should report any errors in the payment details to Dutch Nail Cosmetics immediately.
Article 9. Force Majeure
9.1 If Dutch Nail Cosmetics cannot fulfill its obligations due to unforeseen circumstances, not on time or only with great difficulty and extra costs, this shall be considered force majeure. Unforeseen circumstances include among others: war, mobilization, terrorism, a day of national mourning, government measures, strikes, natural disasters, epidemics and pandemics, illness of employees and the failure of a third party on which Dutch Nail Cosmetic depends to fulfill its obligations (on time).
9.2 In case of force majeure, Dutch Nail Cosmetics may rescind the Agreement (in part) by informing Customer in writing, without court intervention and without compensation and/or agree a new date for the performance of the Agreement in consultation with Customer.
Article 10. Liability and indemnification
10.1 Dutch Nail Cosmetics cannot be held liable for damage, regardless of the cause, except if the damage is the direct result of intent or gross negligence of Dutch Nail Cosmetics. If Dutch Nail Cosmetics does become liable, the damages shall be limited to the amount paid out by the liability insurance. If the insurance does not or not fully pay out, the liability is limited to the invoice amount to which the damage relates. Dutch Nail Cosmetics is never liable for indirect damages, such as consequential damages, lost profits, missed savings or damages to Third Parties.
10.2 Customer shall be fully liable for all damages to Dutch Nail Cosmetics as a result of non-performance of warranties or obligations under these Terms and Conditions. Customer indemnifies Dutch Nail Cosmetics against claims by Third Parties in such cases and in cases where Third Parties incur damages due to products or services supplied by Dutch Nail Cosmetics. .
Article 11. Complaints
11.1 Complaints on the performance of the Agreement must be clearly reported by Customer to Dutch Nail Cosmetics within 7 days after discovery of the problem. Dutch Nail Cosmetics shall respond within 14 days after receipt of the complaint. If more time is needed to process the complaint, Dutch Nail Cosmetics will let Customer know within the same period and give an indication when Customer can expect a more comprehensive response.
11.2 A complaint does not suspend Customer's (payment) obligations, unless Dutch Nail Cosmetics indicates otherwise in writing.
11.3 If the complaint is justified, Dutch Nail Cosmetics will, at its option, repair or refund the product or service in a manner it deems reasonable.
Article 12. Disputes and applicable law.
12.1 Dutch law applies to Agreements between Parties, even if Customer is located abroad.
12.2 Disputes regarding the Agreement shall be submitted to the Dutch District Court in Rotterdam, unless otherwise provided by law.