Terms & Conditions
from Corrective Cosmetics B.V., hereinafter: “Corrective Cosmetics”, with its registered office and principal place of business in the Netherlands, 1187 JD Amstelveen, at Schweitzerlaan 84.
Article 1. Applicability
1.1. These general terms and conditions apply to all offers, assignments, agreements and commitments, by whatever name, of Corrective Cosmetics with a third party, hereinafter: “customer”.
1.2. General or specific purchase conditions used by the customer are not accepted by Corrective Cosmetics.
Article 2. Offers and prices
2.1. Quotations made by or on behalf of Corrective Cosmetics are without obligation.
2.2. Prices, versions and the like in printed matter are subject to change and are therefore not binding for Corrective Cosmetics. No rights can be derived from Corrective Cosmetics from statements about the product in brochures or advertising material, or from samples provided by Corrective Cosmetics to the customer.
2.3. If, after the offer or conclusion of the agreement, a cost-determining factor has undergone a significant change, Corrective Cosmetics is entitled to increase the agreed prices accordingly. If the price increase is more than 10%, the customer has the right to dissolve the agreement.
Article 3. Conclusion of agreement
Agreements are only concluded after written confirmation from Corrective Cosmetics, or as soon as Corrective Cosmetics proceeds to delivery.
Article 4. Delivery times/Delivery
4.1. The stated delivery time is only approximate and can never be regarded as a strict deadline, unless expressly agreed otherwise.
4.2. Exceeding the delivery time, for whatever reason, never obliges Corrective Cosmetics to compensate damage suffered by the customer or a third party, unless the exceeding is caused by intent 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 set term, the customer will be in default and will owe default interest of 1% per month of the invoice amount.
5.3. All extrajudicial and judicial (collection) costs that Corrective Cosmetics has to incur as a result of the default of the customer, are for the account of the customer. The extrajudicial costs to be paid by the customer are, at the discretion of Corrective Cosmetics, either equal to the actual costs, or an amount equal to 15% of the outstanding principal, plus the default interest owed on this, with a minimum of € 250.00 . If the customer is a natural person who does not act in the course of a profession or business, the extrajudicial collection costs will be determined on the basis of the Decree on compensation for extrajudicial collection costs.
5.4. Corrective Cosmetics is at all times entitled to demand advance payment or security from the customer before proceeding with delivery. If the customer fails to make the required advance payment or security, Corrective Cosmetics is entitled to suspend, or at least not to perform, its obligations towards the customer, without prejudice to Corrective Cosmetics’ right to compensation for all damage, costs and interest by the customer.
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 the law and jurisprudence, all external causes, foreseen or unforeseen, over which Corrective Cosmetics has no influence and as a result of which Corrective Cosmetics is unable to fulfill its obligations. come. Force majeure also includes strikes by companies other than Corrective Cosmetics, wildcat strikes or political strikes within the company of Corrective Cosmetics, epidemic, pandemic, extreme weather conditions, fire, explosions, lack of the necessary raw materials, ingredients or products and other, items or services required for the performance of the agreed performance, as well as stagnation at suppliers or third parties on which Corrective Cosmetics depends and general transport problems.
6.2. During force majeure, the delivery and other obligations of Corrective Cosmetics are suspended. If Corrective Cosmetics cannot fulfill its obligations for longer than 3 months due to force majeure, both parties are entitled to dissolve the agreement, without there being any obligation to pay compensation in that case.
6.3. If Corrective Cosmetics has already partially fulfilled its obligations at the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it concerned a separate contract.
Article 7. Retention of title
7.1. The ownership of the goods delivered by Corrective Cosmetics only transfers to the customer after he has paid Corrective Cosmetics everything that is owed to Corrective Cosmetics with regard to the delivery of those goods – including not only the purchase price but also any interest and costs. . If the customer fails to pay the amount owed, it must enable Corrective Cosmetics to take back the goods, on pain of an immediately due and payable fine of € 250.00 for each day or part of a day that the customer fails to meet any of these obligations.
7.2. The customer is not allowed to alienate, consume, mix or act in such a way that these goods are no longer traceable as goods delivered by Corrective Cosmetics.
Article 8. Intellectual Property Rights/Third-Party Platforms
8.1. The customer will respect the intellectual property rights of Corrective Cosmetics, with regard to the goods purchased from Corrective Cosmetics and the documentation provided by Corrective Cosmetics (copyrights, patent rights, trademark rights, trade name rights, etc.) and is obliged to behave in this respect in accordance with the instructions provided by Corrective Cosmetics. given instructions. Insofar as the customer establishes that the intellectual property rights as referred to in this article are being infringed by third parties, the customer is obliged to inform Corrective Cosmetics immediately.
8.2. The customer is not allowed to sell the goods delivered by Corrective Cosmetics on third-party platforms, such as Amazon, eBay, Bol.com, Marktplaats, etc., without the prior written permission of Corrective Cosmetics.
Article 9. Complaints
9.1. The control of the quantity, as well as the quality of the goods and/or deviations from the specifications of the delivered order, rests with the customer.
9.2. The quantity of the delivered goods, indicated on the consignment note, delivery note, or any document certified for that purpose, is recognized as correct, unless defects are immediately noted by the customer on the relevant receipt. Said shortcomings must be confirmed in detail in writing to Corrective Cosmetics within five working days after delivery.
9.3. Complaints about the quality of the goods and/or deviations from the specifications must be submitted in writing by the customer to Corrective Cosmetics within five working days after delivery, stating the article and the nature of the complaint. Non-visible defects must be reported in writing to Corrective Cosmetics within one working day after discovery. In the event of complaints, the customer must enable Corrective Cosmetics to inspect the complained goods in unaltered condition, failing which the right to complain will lapse.
9.4. Complaints about invoices must be reported to Corrective Cosmetics within five working days at the latest.
9.5. After the expiry of the periods referred to in paragraphs 2 to 4, the customer is deemed to have approved the goods delivered and/or invoices issued.
9.6. If the complaint about the delivery is justified, the goods will be credited or replaced, at the discretion of Corrective Cosmetics.
9.7. Complaints do not entitle the customer to suspend any performance owed to Corrective Cosmetics. Compensation by the customer is never permitted.
9.8. Delivered goods cannot be returned, unless with prior written permission from Corrective Cosmetics. All costs associated with non-approved returns are for the account of the customer.
Article 10. Liability
10.1. Except in the case of intent 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 ff of the Dutch Civil Code, Corrective Cosmetics is never liable for any damage suffered by the customer. , directly or indirectly, for whatever reason or of any kind.
10.2. Corrective Cosmetics is also never liable if defects in the delivered goods are the result of injudicious use or use that is not in accordance with the instructions and regulations provided by Corrective Cosmetics and/or on the enclosed documentation, if the goods are in a modified packaging. are packaged, or have been resold or provided by the customer in a different condition than the original, or if the products are used or sold to third parties after the expiry of the shelf life.
10.3. If Corrective Cosmetics is deemed liable for any damage suffered by the customer, this liability is limited to the amount that the liability insurer of Corrective Cosmetics will pay out in the present case.
10.4. If Corrective Cosmetics is liable and the liability insurer in any case does not provide cover or does not pay out, the liability of Corrective Cosmetics is limited to twice the invoice value of the transaction, at least that part of the transaction to which the liability relates.
Article 11. Expiration period
Insofar as not provided otherwise in these general terms and conditions, the customer’s rights of action and other powers for whatever reason vis-à-vis Corrective Cosmetics will in any case expire after one year after the moment at which the customer became aware or could reasonably have been aware of the existence of these rights and authorizations.
Article 12. Disputes/applicable law
12.1. Dutch law applies to all agreements entered into under these terms and conditions and disputes arising therefrom. The Vienna Sales Convention is expressly excluded.
12.2. All proceedings in connection with the agreements entered into under these terms and conditions are exclusively subject to the jurisdiction of the courts in Amsterdam or, at the option of Corrective Cosmetics, to the jurisdiction of the competent judge according to the ordinary rules of competence.
Article 13. Explanation of the general terms and conditions
These general terms and conditions are available in German and Dutch. In the event of a dispute about the content or purport of these terms and conditions, the text of the Dutch version is binding.