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Article 1: Applicability
1.1 The website www.salonbhaircare.nl is owned by Insider Hair and Beauty B.V., registered with the Chamber of Commerce under trade number 57755914.
1.2 These terms and conditions apply to all offers, deliveries and agreements made, executed or entered into by Insider Hair and Beauty B.V. unless otherwise agreed in writing.
1.3 Acceptance of an offer and/or granting of an assignment explicitly implies the applicability of these general terms and conditions whereby the client waives any applicability of its own terms and conditions. An appeal to common law by the customer is not permitted.
Article 2: Product actions
2.1 All offers of Insider Hair and Beauty B.V. are without engagement unless expressly indicated otherwise by Insider Hair and Beauty B.V. in writing.
2.2 Assignments and modifications are only binding if Insider Hair and Beauty B.V. has accepted or ratified them, whether or not in writing. Without prejudice to the above, an offer shall in any case lapse after five working days after its date.
2.3 In the case of compound quotations, there is no obligation to deliver a part at a corresponding part of the total price.
2.4 Unless otherwise agreed, the prices for delivery are non-franchised.
2.5 Price quotations are always made on the basis of the prices valid at the time of the offer and/or assignment and apply only on the date of offer. If after the date of offer one or more of the cost price factors undergoes an increase, Insider Hair and Beauty B.V. is entitled to increase the offered price accordingly. However, Insider Hair and Beauty B.V. shall notify the consumer in writing and give the consumer a time limit of 7 days to dissolve the agreement in writing. If the price increase is implemented after the purchase agreement is concluded, Insider Hair and Beauty B.V. is obliged to deliver at the agreed price. If the price is increased by a statutory VAT rate increase, Insider Hair and Beauty B.V. is entitled to increase the offered price accordingly.
2.6 Unless explicitly stated otherwise, each offer is based on delivery under normal circumstances and during normal working hours.
Article 3: Payment/prices
3.1 All prices are subject to type errors.
3.2 All prices for private individuals are exclusive of shipping costs and inclusive of VAT unless stated otherwise. For business customers logged in on the website, all prices exclude shipping costs and exclude VAT.
3.3. Payment of the sales amount must be made when the product is ordered, without any claim to suspension, compensation, deduction, unless explicitly agreed otherwise or the payment method "post-payment" is chosen.
3.4 In case an invoice for the purchase amount is sent, a payment term of 14 days applies.
3.5 Deviating payment arrangements shall only apply if they have been agreed in writing between Insider Hair and Beauty B.V. and the client.
3.6 Subject to evidence to the contrary, the accuracy of the invoices and invoice statements prepared by Insider Hair and Beauty B.V. should be assumed.
3.7 If the client fails to pay within the agreed payment period, he shall be deemed to be in default by operation of law and Insider Hair and Beauty B.V. shall be entitled, without any notice of default being required, to charge the client on the entire amount due as well as the statutory interest, increased by 1% (one percent), from the due date of the relevant invoice. All collection costs, both judicial and extrajudicial, caused by the customer's non-payment shall be borne by the customer. The extrajudicial collection costs amount to 15% (fifteen per cent) of the principal sum with a minimum of €150.
3.8 Insider Hair and Beauty B.V. shall at all times, regardless of the agreed payment conditions, be entitled to demand adequate security for payment and to discontinue the performance of the agreement, if such security cannot be given. In that case, the buyer shall have the choice between cash payment of the goods to be delivered, subject to settlement of any advance paid, and cancellation of the agreement, subject to the provisions of article 3.10.
3.9 Payments made on behalf of the client to Insider Hair and Beauty B.V. shall in all cases be used to settle the oldest outstanding item to the client's account, including any default interest and costs.
3.10 If payment is not made at the time of delivery, Insider Hair and Beauty B.V. may not proceed with the actual delivery. If and insofar as Insider Hair and Beauty B.V. does not proceed to delivery, the client shall be obliged to pay Insider Hair and Beauty B.V. the costs of transport and an amount of € 5,- per day, or part of a day, until delivery takes place as compensation for the costs Insider Hair and Beauty B.V. has for storage of the good(s).
Article 4: Transfer of ownership, risk and delivery
4.1 Delivery means the actual making available to the customer or persons at the customer's risk. The risk of the purchased goods shall be borne by the client from the moment of delivery to the address specified by the client. Insider Hair and Beauty B.V. is not obliged to indemnify, by whatever name.
4.2 Ownership of the delivered goods shall not pass to the client until the purchase price, possibly increased by interest and costs, has been paid. Ownership does not pass by mere transfer of the goods. If the client transfers, uses and/or pledges the goods delivered but not fully paid for by him to Insider Hair and Beauty B.V., and/or in case of his bankruptcy or suspension of payment, or seizure does not notify Insider Hair and Beauty B.V. in writing within 5 days thereafter, the client forfeits a non-moderate fine of at least three times the non-paid amount.
4.3 The delivery time of products is generally 1 to 3 working days. The maximum delivery time for distance buying is 30 days. If there is a longer delivery time on a product, this will be explicitly indicated by us with the product concerned. If the delivery time cannot be met by Insider Hair and Beauty B.V., we will inform you in time. A new agreement will then be made about the delivery time or you have the right to dissolve the agreement. Amounts already paid shall be refunded by Insider Hair and Beauty B.V. after dissolution within 30 days.
Article 5: Claims, complaints and guarantee
5.1 If goods with externally visible damage are delivered by Insider Hair and Beauty B.V., the client should complain to Insider Hair and Beauty B.V. immediately thereafter or within 24 hours after receipt of the goods. In case of goods which are processed and/or treated by or on behalf of the purchaser himself, the purchaser should immediately upon receipt of these goods convince himself of their good condition. If the damage/defect is not externally visible, the customer must complain in writing within two weeks of receipt of the goods or delivery of the work. The claim must include a description of the defects and/or damage found.
5.2 Slight deviations in quality, quantity, width, colour, finish, size, finish, etc. deemed permissible in the trade or technically unavoidable shall not constitute grounds for complaints, nor shall deviations in colour of goods purchased on samples.
5.3 The provisions of article 5.1 shall also apply to claims on invoice amounts, albeit that these must be submitted to Insider Hair and Beauty B.V. by registered and motivated letter within 5 working days after the invoice date.
5.4 Claims made in any other way to intermediaries or resellers or later to Insider Hair and Beauty B.V. are of no value whatsoever and cannot have any legal effect.
5.5 Any right of complaint shall lapse if the above-mentioned periods are not observed as well as if third parties have carried out work on goods and/or materials for Insider Hair and Beauty B.V.
5.6 Claims shall never entitle the client to compensation or set-off.
5.7 Unless Insider Hair and Beauty B.V. has explicitly agreed, the client is not at liberty to return to Insider Hair and Beauty B.V. goods bought in our web shop or through our company.
5.8 If a further guarantee is given by the manufacturer of the delivered goods to Insider Hair and Beauty B.V., this guarantee shall also apply to the client, if the supplier decides that the complaint is justified.
5.9 Warranty provisions only apply to the use of the goods delivered or work performed in accordance with their intended purpose. Improper handling of or insufficient care for the delivered goods excludes any complaints and voids any guarantees and other warranties.
Article 6: Liability
6.1 Insider Hair and Beauty B.V. shall never be liable for direct or indirect damage, trading loss and/or stagnation damage, including delay in the delivery of goods, caused by defects in the goods delivered by Insider Hair and Beauty B.V., except in case of gross negligence and/or wilful misconduct on the part of Insider Hair and Beauty B.V.
6.2 Insider Hair and Beauty B.V. shall never be obliged to compensate any damage of whatever nature and due to whatever cause, higher than the total amount of the transaction between Insider Hair and Beauty B.V. and the client.
6.3 The client expressly indemnifies Insider Hair and Beauty B.V. against all claims of third parties, including the client's personnel, for compensation of all damage in whatever form suffered by these third parties.
6.4 Any right of complaint shall lapse if the above-mentioned deadlines are not observed.
6.5 Complaints never give the client the right to suspend fulfilment of his obligations, compensation or set-off.
Article 7. Return period
7.1. After the customer has received the product ordered by him/her, the customer has the right to return the product within one month after receipt of the product.
7.2. If the client wishes to dissolve the agreement pursuant to article 7.1 of these conditions, the client should notify Insider Hair and Beauty B.V. in writing (by e-mail, or letter). The client should send the product - after consultation with Insider Hair and Beauty B.V.- to a return address determined by Insider Hair and Beauty B.V.. This should be done in the original, undamaged packaging. Opened packaging will not be taken back; opening the packaging means that you wish to keep the product(s). The customer must bear the cost and risk of shipping.
7.3. If the client has already made any payments at the time the client has revoked the agreement with Insider Hair and Beauty B.V. pursuant to article 7.1. and 7.2 of these Terms and Conditions of Sale, Insider Hair and Beauty B.V. shall refund these payments to the client within fourteen (14) working days after Insider Hair and Beauty B.V. has received the product(s) returned by the client.
7.4. Insider Hair and Beauty B.V. reserves the right to refuse returned products or to credit only part of the amount already paid, when it is suspected that the product has already been opened, used or damaged through the fault of the client (other than that of Insider Hair and Beauty B.V. or the supplier of the product).
7.5. If a product is returned which, in the opinion of Insider Hair and Beauty B.V., has suffered damage attributable to an act or negligence of the client or is otherwise at the risk of the client, Insider Hair and Beauty B.V. shall notify the client in writing (by letter or e-mail). Insider Hair and Beauty B.V. has the right to deduct the decrease in value of the product as a result of this damage from the amount to be refunded to the client.
Article 8: Force majeure/Non-attributable shortcoming
8.1 If before or during the execution of the agreement it appears that (further) execution of the agreement is not possible for Insider Hair and Beauty B.V. as a result of force majeure, Insider Hair and Beauty B.V. has the right, without being held to any compensation, to suspend the execution of the agreement or to dissolve the agreement.
8.2 Force majeure shall be considered to be any circumstance beyond the control of Insider Hair and Beauty B.V., as a result of which the normal performance of the agreement is prevented, in particular weather conditions, but in any case also strikes, wars, acts of war, fire and water damage, defects to machinery, hindrance or delay in the transport of materials or goods to be delivered, government measures as well as the consequences thereof. Non-compliance or late compliance with their obligations shall also be regarded as force majeure.
Article 9: Dissolution
9.1 If the client does not, not properly or not timely comply with any obligation, as well as in case of bankruptcy or suspension of payment of the client or its company, he/she is deemed to be in default by operation of law and Insider Hair and Beauty B.V. has the right, without any notice of default and without judicial intervention, to suspend the execution of the agreement or to dissolve the agreement in whole or in part, at its choice, without being held to any compensation or guarantee, but without prejudice to its rights. In such cases, any claim Insider Hair and Beauty B.V. has or will have against the client is immediately terminable at once.
9.2 If the client cancels a given order, for whatever reason, he/she shall be liable to Insider Hair and Beauty B.V., unless Insider Hair and Beauty B.V. wishes fulfillment, for compensation of 25% of what the client should have paid upon execution of the agreement, all without prejudice to the right of Insider Hair and Beauty B.V. to compensation for loss of profit and damages resulting from the cancellation.
Article 10: Disputes
The judicial authorities in the district of Amsterdam are exclusively competent to take cognisance of disputes existing between Insider Hair and Beauty B.V. and its clients.
Article 11: Applicable law
Dutch law shall apply to all offers and agreements made or entered into by Insider Hair and Beauty B.V.
Article 12: Final provision
If any provision of these general conditions is null and void or is annulled, the other provisions of these general conditions shall remain in full force and Insider Hair and Beauty B.V. and the client shall enter into consultation with a view to agreeing new provisions to replace the null and void or annulled provisions, taking into account as much as possible the purpose and tenor of the null and void or annulled provision.
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