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General terms & conditions

GENERAL TERMS AND CONDITIONS BEAUTY OF THINGS BUSINESS

Version: Februari 1, 2020

 

  1. Applicability of these conditions

1.1. These conditions apply to the exclusion of any other conditions to all offers, agreements and deliveries with regard to the products offered by Beauty of Things .

  • The following definitions are used in these terms and conditions:
    • Beauty of Things: the private limited liability company Beauty of Things BV, which sells products; the other party of the buyer.
      • Name of the company: Beauty of Things BV
      • Brand name: Beauty of Things
      • Location address: Woestijgerweg 130, 3817 SN Amersfoort, The Netherlands
      • Mailing address: Postbus 56869, 1040 AW Amsterdam, The Netherlands
      • Phone number: +31 6 22 66 86 26
      • E-mail address: [email protected]
      • Chamber of Commerce No.: 69744203
      • VAT No.: NL 857993434B01
    • 1.2. (Business) buyer: the legal entity that acts in the course of a business and thereby purchases products from Beauty of Things and offers these to its customers; the other party of Beauty of Things.
    • Business sale: the sale between Beauty of Things and her business buyer.
    • Distance purchasing: the buyer purchase whereby the agreement is concluded via internet, telephone, fax or mail.
    • Business portal; the online web store for business buyers of Beauty of Things.
  • If a provision in these terms and conditions appears to be invalid, this does not affect the validity of the entire terms and conditions. The parties will in that case replace (a) new provision(s), which will give shape to the intention of the original provision as much as possible in law.
  1. Offers and Agreements
    • Every offer from Beauty of Things, whether or not via the Business Portal, is without obligation and applies during the stated period or while supplies last.
    • Unless Beauty of Things has expressly stated a different manner of conclusion, agreements between Beauty of Things and the business buyer are established by a written order signed by the business buyer or by payment through the portal followed by written confirmation by Beauty of Things , which also includes confirmation by e-mail. An automatically generated confirmation of receipt also counts as such confirmation. Beauty of Things reserves the right to refuse an order.
    • Beauty of Things is authorized to make use of third parties in the implementation of the agreement. All rights and claims as stipulated in these conditions and any further agreements for the benefit of Beauty of Things apply equally to intermediaries and third parties engaged by Beauty of Things.

 

 

 

  1. Price and Price change
    • The prices of the products listed on the Beauty of Things business portal or at sales points such as trade shows on which the products are offered to buyers who live/ are established within the EU are in Euros, excluding VAT and any administration costs, transport costs, any applicable taxes and/ or other rights, unless Beauty of Things has been agreed otherwise. The prices of the products mentioned on the Beauty of Things business portal or on fairs on which the products of Beauty of Things are offered to buyers who live/ are located outside the EU are in Euros, excluding VAT and excluding any administration costs, transport costs, any applicable taxes and/ or or other rights, unless otherwise agreed with Beauty of Things.
    • Although great care is taken, it is possible that the products offered through the business portal of Beauty of Things are priced incorrectly. Nevertheless, the prices are checked for accuracy in the context of the ordering procedure. If the actual price of a product turns out to be lower than the price stated on the website, the actual price will be charged. If the actual price of a product turns out to be higher than the price stated on the website, then Beauty of Things will contact the buyer prior to shipping the product. In this case the buyer can choose to cancel the purchase or to purchase the product for the actual price.
    • If after the conclusion of the agreement the prices of raw materials, wages, import duties, taxes and other external costs (whether or not as a result of currency changes) increase, Beauty of Things is entitled to adjust the purchase price to this increase.
    • Beauty of Things will inform the buyer of such a circumstance as soon as possible, after which the buyer is then entitled to terminate the agreement, unless it is stipulated that the delivery will take place more than 3 months after the purchase or the increase will result. is of a legal price increase.

 

  1. Payment
    • Payment takes place in (one of) the ways indicated by the buyer during the ordering process via the business portal of Beauty of Things or according to an agreement made at another point of sale such as a trade show. Further (payment / order) conditions may apply to the order. The date of payment is the date on which the paid amount is received by Beauty of Things on its bank / payment account, unless the parties have agreed otherwise.
    • Beauty of Things is entitled at all times to demand (partial) advance payment or to deliver cash on delivery.
    • If delivery is made on account, payment of the invoice amount must be made within 14 days after the invoice date, without the buyer being entitled to a discount or settlement, unless agreed otherwise.
    • If, after expiry of the payment term, no (full) payment has yet been received by Beauty of Things, the buyer will be in default and will owe interest equal to the statutory interest, as it applies to business transactions. All costs incurred by Beauty of Things for legal assistance, bailiffs and collection agencies, incurred in connection with late or incomplete payments, will be borne by the buyer. The extrajudicial costs are set at least 10% of the invoice amount with a minimum of € 150 excluding VAT.
    • If the buyer is in default with regard to its payment obligations, Beauty of Things is entitled to cancel the (execution of) the agreement.

 

 

 

  1. Delivery
    • Specified delivery times do not count as deadlines, unless explicitly agreed in writing. If a period is exceeded, the buyer must give the Beauty of Things written notice of default.
    • With due observance of Article 5.1, Beauty of Things will deliver the ordered products (or have them delivered) within a period of four weeks to six weeks after receipt of payment, depending on the order size, and unless otherwise agreed and / or unless this is not possible. as a result of circumstances that cannot be attributed to Beauty of Things. If the delivery is delayed because a product is (temporarily) out of stock or otherwise, or if the (partial) performance of the agreement is not possible, the buyer will be notified within three weeks. In that case the buyer is entitled to cancel the order free of charge.
    • If Beauty of Things needs information from the buyer for the execution of the agreement, or if (partial) payment in advance has been stipulated, the delivery time will only commence after the correct and complete information or prepayment has been received by Beauty of Things.
    • Beauty of Things or third parties engaged by it determine how the products will be sent.
    • The risk of the delivered products is transferred to the buyer at the time of delivery. Delivery to business buyers takes place when the products have left the storage of Beauty of Things.
    • If the buyer refuses a delivery, the Beauty of Things can charge the resulting costs to him. In addition, in that case Beauty of Things has the right to terminate the agreement, without prejudice to the right to claim total compensation.

 

  1. Ownership
    • All delivered products remain the property of Beauty of Things until the buyer has fulfilled all his obligations under the agreement with regard to Beauty of Things.

If the buyer acts in the exercise of his profession or business (business customer) then it applies that if the buyer does not fulfill his obligations from an agreement concluded with Beauty of Things, or if there is good reason to fear that the buyer will fulfill his obligations will not comply with the agreement, Beauty of Things is entitled to retrieve delivered products from the buyer or from third parties who hold the products for the buyer. In that case, the buyer must fully cooperate.

 

  1. Dissolution and return
    • Orders can only be changed or canceled by the buyer with permission from Beauty of Things. If Beauty of Things has already incurred costs or has to incur costs as a result of the change or cancellation, then Beauty of Things can charge these to the buyer.
    • In the case of a distance purchase, the buyer has the right to cancel the purchase in writing (including by e-mail) within fourteen business days after receiving the product without explanation. Returning the products takes place at the expense of the buyer. If the purchase price has already been paid, it will be refunded by Beauty of Things as soon as possible but no later than fourteen days after receipt of the products, unless the products are no longer in the original packaging, are not complete, there is a suspicion that the returned products have already been washed, used or damaged by the fault of the customer. The products to be returned must be in possession of Beauty of Things within 30 days of receipt of the products by the customer. The product must have sufficient postage in the event of a return shipment. The risk and proof of shipment of the product rests with the customer.
    • 7.2 does not apply to the distance purchase of:
      • matters whose price depends on fluctuations in the financial market, over which Beauty of Things has no influence;
      • matters that:
        • have been established in accordance with the buyer's specifications;
        • are clearly personal in nature;
        • cannot be returned due to their nature;
        • an age quickly;
      • services performed with the customer's consent before the seven working day period has expired.
    • Return shipments of delivered products can only take place after written approval from Beauty of Things, whereby Beauty of Things has the right to give instructions regarding the method of shipment. The direct costs for return shipments of the products under this article are for the account of the buyer, unless explicitly agreed otherwise.

 

  1. Suspension and dissolution authority
    • In addition to what is determined in the event of force majeure and in Article 6, Beauty of Things is authorized to (partially) suspend the implementation of its obligations from all agreements existing between parties or to dissolve all or part of these agreements without notice or judicial intervention: a) if the buyer is in default or Beauty of Things has good reason to fear that the buyer will not or not fully and/ or not timely fulfill his obligations; b) in the event of liquidation, (application for) a suspension of payment, bankruptcy or debt restructuring or any other circumstance whereby the buyer can no longer freely dispose of his assets; or c) if circumstances arise that make it impossible to comply with the agreement or unamended maintenance of the agreement cannot reasonably be expected from Beauty of Things.
    • Moreover, in the cases mentioned in Article 8.1, all possible obligations of the buyer become immediately due and Beauty of Things will not be obliged to pay any compensation. The latter does not apply if there is a dissolution as a result of circumstances that cannot be attributed to the buyer.

 

  1. Guarantees and claims
    • The products to be supplied by Beauty of Things meet the usual standards and requirements that can reasonably be set at the time of delivery and for which they are intended for normal use and for use in accordance with the usage and washing instructions. If applicable, the products supplied by Beauty of Things are subject to warranty provisions from suppliers and third parties such as producers and importers.
    • For use outside the Netherlands, the buyer must himself verify whether the products are suitable for use there and whether they meet the conditions and (legal) requirements that are imposed on them.
    • The buyer is obliged to check the delivered products immediately upon receipt. Any defects that have been discovered must be reported to Beauty of Things in writing within 14 days - and in the case of external defects without delay - in writing, which also includes e-mail.
    • If it has been demonstrated that a product does not comply with the agreement and complaints have been made in time, Beauty of Things has the choice to replace the product in question, to arrange for repair or to refund the invoice price plus the shipping costs paid.
    • All data, models and images regarding colors, materials, sizes and finishes that are stated when the products are offered are considered as an indication. Deviations herein cannot constitute a reason for rejection, discount, termination of the agreement or compensation, if these deviations are of minor significance.
    • Complaints regarding delivered products that are submitted more than a year after the buyer has received the product will no longer be processed unless explicitly agreed otherwise.

 

  1. Intellectual Property Rights
    • The buyer explicitly acknowledges that all rights of intellectual and/ or industrial property with regard to the products, materials and information made available to the buyer by Beauty of Things, including (the appearance of) samples, packaging, labels, labels, the design, composition and/ or specifications of samples, products and semi-finished products, as well as technical and commercial know-how, models and molds, designs, designs, names and brands, belong to Beauty of Things, its suppliers, licensors or other rightholders.
    • If and insofar as Beauty of Things manufactures products or packaging on the basis of express instructions from the buyer, such as specifications, designs, sketches, models or designs supplied by the buyer, the buyer guarantees that no rights will be infringed on third parties. The buyer indemnifies Beauty of Things against claims from third parties in this regard and reimburses all costs incurred by Beauty of Things in connection with these claims.

 

  1. Liability for damage
    • Beauty of Things is not liable for damage caused: a) by improper use of the delivered, use/ maintenance other than prescribed in the washing and use instructions concerning the products or by the use thereof for a purpose other than for which it is objective standards is appropriate; b) because Beauty of Things started from incorrect or incomplete information provided by or on behalf of the buyer; c) by third parties engaged in the performance of the agreement at the request or with the consent of the buyer; d) misunderstandings, mutilations, delays, or improper transmission of orders and communications, as a result of the use of the internet or any other (electronic) means of communication.
    • Only direct damage attributable to Beauty of Things is eligible for reimbursement. Liability for indirect damage such as in any case but not exclusively consequential damage, lost profit, mutilated or lost data or materials, reduced yield is excluded.
    • Insofar as Beauty of Things is liable for compensation for damage, then this is limited to a maximum of the invoice amount that relates to the (partial) delivery, on the understanding that this amount will not be higher than the amount that the insurer pays in the relevant case. Beauty of Things.
    • The buyer indemnifies Beauty of Things against claims from third parties who suffer damage in connection with the implementation of the agreement and whose cause is attributable to the buyer.
    • The aforementioned limitations in Articles 11.1 to 11.4 do not apply if the damage is due to intent or gross negligence of the Beauty of Things or its (managerial) subordinates.

 

  1. Circumstances beyond control
    • In the event that Beauty of Things is unable to honor the agreement due to circumstances beyond their control, it is entitled to suspend its obligations until the situation that created the circumstances beyond control, has ended. If this period lasts longer than 2 months, then each of the parties is entitled to terminate the agreement with regard to the products affected by the force majeure, without obligation to compensate damage to the other party. The buyer is then obliged to pay for what has already been delivered.
    • In these general terms and conditions, circumstances beyond control is understood to mean, in addition to what is understood in this regard by law and case law, all external causes, foreseen or unforeseen, over which Beauty of Things cannot exert influence, and as a result of which Beauty of Things is unable to to fulfill its obligations, including at least but not exclusively, non-delivery or late delivery by suppliers of Beauty of Things, import and export prohibitions imposed by or on behalf of governments, strikes or absence due to illness of a large number of employees of Beauty of Things, its suppliers or third parties engaged by it, electrical failures or disruptions in the online ordering system and / or the Beauty of Things business portal.

 

  1. Dutch law and competent court
    • Dutch law applies to this agreement, even if an obligation is fully and partially implemented abroad or if the buyer is domiciled there. The applicability of the Vienna Sales Convention is excluded.
    • In the event of disputes, the court of the place where Beauty of Things is established has jurisdiction, unless the law prescribes otherwise. Nevertheless, Beauty of Things has the right to submit the dispute to the competent court according to the law.
    • Parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.

 

  1. Other provisions
    • The Dutch text of the general terms and conditions always determines the explanation thereof.
    • Changes and / or additions to these general terms and conditions are only valid and apply if they are in writing. If Beauty of Things uses supplementary conditions or provisions that conflict with these general conditions, this does not affect the validity and applicability of other provisions of these general conditions.

 

Beautiful and sustainable
Produced in The Netherlands
Delivered within 3 till 4 weeks.
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