fromCorrective Cosmetics B.V.,hierna: “Corrective Cosmetics”,with its registered office and place of business in the Netherlands, at 84 Schweitzerlaan, Amstelveen, 1187 JD.

Article 1. Applicability

1.1. These general terms and conditions apply to all offers, orders, contracts and commitments, however named, between Corrective Cosmetics and a third party, hereinafter referred to as the “customer”.

1.2. Corrective Cosmetics does not accept any general or specific terms and conditions of purchase applied by the customer.

Article 2. Quotations and prices

2.1. Quotations provided by or on behalf of Corrective Cosmetics are non-binding.

2.2. Prices, specifications and similar details in printed materials are subject to change and are therefore not binding on Corrective Cosmetics. No rights may be derived against Corrective Cosmetics from any statements about the product in brochures or advertising material, or from samples provided by Corrective Cosmetics to the customer.

2.3. If, following an offer or the conclusion of the contract, a factor affecting the cost price has undergone a significant change, Corrective Cosmetics shall be entitled to increase the agreed prices accordingly. If the price increase exceeds 10 per cent, the customer shall be entitled to terminate the contract.

Article 3. Formation of the contract

Contracts are only concluded once Corrective Cosmetics has provided written confirmation, or as soon as Corrective Cosmetics proceeds with delivery.

Article 4. Delivery times/Delivery

4.1. The stated delivery time is approximate only and shall never be regarded as a strict deadline, unless expressly agreed otherwise.

4.2. Any delay in delivery, for whatever reason, shall in no circumstances oblige Corrective Cosmetics to compensate the customer or any third party for any loss or damage suffered, unless the delay is attributable to wilful misconduct or gross negligence on the part of Corrective Cosmetics or its management.

Article 5. Payment and Default

5.1. Unless otherwise agreed, payment must be made within 30 days of delivery.

5.2. If payment is not made within the specified period, the customer shall be in default and shall be liable to pay default interest at a rate of 1 per cent per month of the invoice amount.

5.3. All extrajudicial and judicial (debt recovery) costs incurred by Corrective Cosmetics as a result of the customer’s default shall be borne by the customer. The extrajudicial costs to be paid by the customer shall, at Corrective Cosmetics’ discretion, either equal to the actual costs, or an amount equal to 15 per cent of the outstanding principal sum, plus any late-payment interest due thereon, subject to a minimum of €250.00. Where the customer is a natural person acting outside the scope of a profession or business, the extrajudicial debt collection costs shall be determined in accordance with the Decree on Compensation for Extrajudicial Debt Collection Costs.

5.4. Corrective Cosmetics is entitled at all times to require advance payment or security from the customer before proceeding with delivery. If the customer fails to make the required advance payment or provide the required security, Corrective Cosmetics shall be entitled to suspend, or at least refrain from performing, its obligations towards the customer, without prejudice to Corrective Cosmetics’ right to compensation from the customer for all damages, costs and interest.

Article 6. Force majeure

6.1. In these general terms and conditions, ‘force majeure’ is understood to mean, in addition to what is understood in this regard under the law and case law, all external causes, whether foreseeable or unforeseeable, over which Corrective Cosmetics has no control and as a result of which Corrective Cosmetics is unable to fulfil its obligations. Force majeure also includes strikes at companies other than Corrective Cosmetics, wildcat strikes or political strikes within Corrective Cosmetics’ own organisation, epidemics, pandemics, extreme weather conditions, fire, explosions, a shortage of the necessary raw materials, ingredients or products, and other goods or services required for the fulfilment of the agreed performance, as well as disruptions at suppliers or third parties on which Corrective Cosmetics relies, and general transport problems.

6.2. During a period of force majeure, Corrective Cosmetics’ delivery and other obligations shall be suspended. If, due to force majeure, Corrective Cosmetics is unable to fulfil its obligations for a period exceeding 3 months, both parties shall be entitled to terminate the contract, in which case there shall be no obligation to pay compensation.

6.3. If, at the time the force majeure event occurs, Corrective Cosmetics has already partially fulfilled its obligations, or is only able to fulfil them partially, it shall be entitled to invoice the goods already delivered or the deliverable portion separately, and the customer is obliged to pay this invoice as if it were a separate contract.

Article 7. Retention of title

7.1. Ownership of the goods supplied by Corrective Cosmetics shall only pass to the customer once the customer has paid Corrective Cosmetics all sums due to Corrective Cosmetics in respect of the supply of those goods – including not only the purchase price but also any interest and costs – in respect of the delivery of those goods. If the customer fails to make the payment due, they must allow Corrective Cosmetics to take back the goods, on pain of an immediately payable penalty of €250.00 for every day or part of a day that the customer fails to fulfil any of these obligations.

7.2. The customer is not permitted to dispose of, use up or mix the goods subject to retention of title, or to act in such a way that these goods can no longer be traced as having been supplied by Corrective Cosmetics.

Article 8. Intellectual property rights/third-party platforms

8.1. The Customer shall respect Corrective Cosmetics’ intellectual property rights in relation to the goods purchased from Corrective Cosmetics and the documentation provided by Corrective Cosmetics (copyright, patent rights, trade mark rights, trade name rights, etc.) and is obliged to act in accordance with the instructions provided by Corrective Cosmetics in this regard. Insofar as the Customer becomes aware that the intellectual property rights referred to in this clause are being infringed by third parties, the Customer is obliged to notify Corrective Cosmetics of this immediately.

8.2. The customer is not permitted to sell the goods supplied by Corrective Cosmetics on third-party platforms, such as Amazon, eBay, Bol.com, Marktplaats, etc., without the prior written consent of Corrective Cosmetics.

Article 9. Complaints

9.1. The responsibility for checking the quantity and quality of the goods and/or any deviations from the specifications of the order supplied lies with the customer.

9.2. The quantity of the goods delivered, as stated on the consignment note, delivery note or any other document certified for that purpose, shall be deemed correct unless any shortfalls are immediately noted by the customer on the relevant receipt. Such shortages must be confirmed in writing, in detail, to Corrective Cosmetics within five working days of delivery.

9.3. Complaints regarding the quality of the goods and/or deviations from the specifications must be submitted in writing by the customer to Corrective Cosmetics no later than five working days after delivery, stating the item and the nature of the complaint. Hidden defects must be reported to Corrective Cosmetics in writing within one working day of discovery. In the event of a complaint, the customer must allow Corrective Cosmetics to inspect the goods in question in their original condition; failure to do so will result in the right to make a complaint lapsing.

9.4. Any complaints regarding invoices must be reported to Corrective Cosmetics within five working days at the latest.

9.5. Upon expiry of the time limits referred to in paragraphs 2 to 4, the customer shall be deemed to have approved the goods delivered and/or the invoices issued.

9.6. If the complaint regarding the delivery is justified, the goods will, at Corrective Cosmetics’ discretion, be credited or replaced.

9.7. Complaints do not entitle the customer to suspend any obligation owed to Corrective Cosmetics. Set-off by the customer is never permitted.

9.8. Goods delivered may not be returned unless prior written consent has been obtained from Corrective Cosmetics. All costs associated with unauthorised returns shall be borne by the customer.

Article 10. Liability

10.1. Except in the event of wilful misconduct or gross negligence on the part of Corrective Cosmetics or its management, or in the event of product liability within the meaning of Article 6: 185 et seq. of the Civil Code, Corrective Cosmetics shall never be liable for any loss suffered by the customer, whether direct or indirect, on whatever grounds or of whatever nature.

10.2. Corrective Cosmetics shall also never be liable if defects in the goods supplied result from improper use or use that is not in accordance with the instructions and regulations provided by Corrective Cosmetics and/or set out in the accompanying documentation, if the goods have been repackaged or resold or supplied by the customer in a condition other than the original packaging, or if the products are used or sold to third parties after the expiry date.

10.3. If Corrective Cosmetics is held liable for any loss suffered by the customer, such liability shall be limited to the amount that Corrective Cosmetics’ liability insurer will pay out in the case in question.

10.4. If Corrective Cosmetics is liable and, in any event, the liability insurer does not provide cover or does not make a payment, Corrective Cosmetics’ liability shall be limited to twice the invoice value of the transaction, or at least that part of the transaction to which the liability relates.

Article 11. Expiry period

Unless otherwise provided for in these general terms and conditions, any rights of claim and other powers of the customer, on whatever grounds, against Corrective Cosmetics shall in any event lapse one year after the date on which the customer became aware, or could reasonably have become aware, of the existence of such rights and powers.

Article 12. Disputes/applicable law

12.1. All contracts entered into under these terms and conditions, and any disputes arising therefrom, shall be governed by Dutch law. The Vienna Convention on Contracts for the International Sale of Goods is expressly excluded.

12.2. All proceedings relating to contracts entered into under these terms and conditions shall be subject exclusively to the jurisdiction of the courts of Amsterdam or, at Corrective Cosmetics’ discretion, to the jurisdiction of the court having jurisdiction in accordance with the ordinary rules of jurisdiction.

Article 13. Interpretation of the general terms and conditions

These terms and conditions are available in German and English. In the event of a dispute regarding the content or meaning of these terms and conditions, the text of the Dutch version shall be binding.