Content:

Article 1 – Definitions & application general terms and conditions.......................................................

Article 2 – Special offers / quotations....................................................................................................

Article 3 – Prices......................................................................................................................................

Article 4 - Payment ..................................................................................................................................

Article 5 – Delivery and delivery time…. .................................................................................................

Article 6 – Warranty customer & commitment .....................................................................................

Article 7 – Risk transfer…........................................................................................................................

Article 8 – Liability……………. ...................................................................................................................

Article 9 -  Indemnity ...............................................................................................................................

Article 10 – Force majeure & unforeseen circumstances ......................................................................

Article 11 – Right of retention/Reservation of title ...............................................................................

Article 12 – Dissolution ...........................................................................................................................

Article 13 – Industrial and intellectual ownership.................................................................................

Article 14 – Advice and design……….......................................................................................................

Article 15 – Reclamations, complaints and warranty.............................................................................

Article 16 - Transfer ...............................................................................................................................

Article 17 - Privacy ..................................................................................................................................

Article 18 - Adjustments / amendments.................................................................................................

Article 19 – Disputes & applicable law….................................................................................................

 

Contact details:

Chloïs Glittertattoo

is a trademark/brand/part of:

Chloïs Cosmetics BV

Sasdijk 1a

4671RN Dinteloord

Netherlands

Telephone number: 0167-521841

Mobile telephone number: 06-22190659

Email: info@chloisglittertattoo.com

Chamber of Commerce number: 61648299

VAT number: NL854429505B01

 

Article 1 – Definitions & application general terms and conditions

1.1.     Regarding these general terms and conditions the following definitions are applicable:

  • Chloïs Glittertattoo: Chloïs Glittertattoo as trademark and also brand of Chloïs Cosmetics BV established at Sasdijk 1a, 4671RN at Dinteloord, Netherlands, telephone number 0167-521841 or 06-22190659.
  • Contract party: any legal entity or natural person, acting in the conduct of his profession or company;
  • Customer: any party who has a contractual relation with Chloïs Glittertattoo under a purchase agreement with Chloïs Glittertattoo, as well as any party who wishes to enter a different agreement with Chloïs Glittertattoo.

1.2.     These general terms and conditions are applicable on all special offers, quotations, agreements and all arising conditions with a customer made by Chloïs Glittertattoo. If customer orders (also) other products or services applicable to other general terms and conditions, these will also be declared applicable on the agreement between customer and Chloïs Glittertattoo.

1.3.     These general terms and conditions are also applicable on direct sales by the online shop www.chloisglittertattoo.com or any other website which is owned by Chloïs Glittertattoo, or sales on exhibitions or other locations.

1.4.     These general terms and conditions are also applicable on orders or direct sales sent to Chloïs Glittertattoo by e-mail.

1.5.     These general terms and conditions are not applicable on special offers to and agreements with natural persons who do not act in the conduct of a profession or company.

1.6.     Exceptions to these general terms and conditions are only valid if these have been specifically agreed in writing between Chloïs Glittertattoo and the customer and are only valid regarding a specific agreement to which the exceptions apply.

1.7.     If the customer refers to or applies own general terms and conditions on an agreement with Chloïs Glittertattoo, these general terms and conditions will not be accepted by Chloïs Glittertattoo and the general terms and conditions of Chloïs Glittertattoo will prevail, unless specifically agreed in writing at a previous stage. 

 1.8.    The customer has been informed about the general terms and conditions and these can be consulted on the website and downloaded as PDF file. The general terms and conditions will be sent to you on request, free of charge.

1.9.     All general terms and conditions stipulated on behalf of Chloïs Glittertattoo are also stipulated for any intermediaries and third parties on behalf of Chloïs Glittertattoo.

 

Article 2 – Special offers / quotations

2.1.     All special offers/quotations of Chloïs Glittertattoo are without obligation and can always be withdrawn, even if they contain a period of acceptance. Special offers/quotations can also be withdrawn in writing by Chloïs Glittertattoo within seven calendar days after receipt of acceptance, in which case no agreement has been concluded between both parties.

2.2.     Special offers/quotations can only be accepted in writing (including acceptance by fax or electronically). However, Chloïs Glittertattoo is nevertheless entitled to accept a verbal acceptance as if it were in writing. If the customer places an order on the Chloïs Glittertattoo’s website, the order becomes final at the moment the customers clicks on “Complete order” or when he receives an order confirmation by e-mail. When the customer receives a confirmation by e-mail from Chloïs Glittertattoo a binding agreement between both parties has been concluded.

2.3.     The order confirmation should be checked carefully by the customers and in case of mistakes or inaccuracies they should contact Chloïs Glittertattoo immediately.

2.3.     Details defined in promotional material, in the broadest sense of the word, such as catalogues, printed materials, product lists, folders, order lists, websites, third party’s websites etc., are never binding for Chloïs Glittertattoo.

2.4.     Chloïs Glittertattoo has the right to refuse orders or to apply certain conditions to the delivery. These conditions will be specifically stated in the offer. Orders will definitely be refused if they do not contain all the necessary information from the customer, or if not all relevant fields on the website order form are filled in. If an order is not accepted Chloïs Glittertattoo will inform the customers at least within ten (10) working days after receipt of order.

2.5.     Chloïs Glittertattoo has the right to refuse orders if it appears that the contact person is not acting on behalf of a company or organisation. Chloïs Glittertattoo does not do business with private people.

2.6.     All special offers are, unless specifically stated differently, free of obligation and can be withdrawn by Chloïs Glittertattoo within two working days, even after this has been accepted by the customer. Delivery will take place while stocks last.

2.7.     All special offers are based on performance under normal circumstances during the applicable normal working hours of Chloïs Glittertattoo.

2.8.     All statements by Chloïs Glittertattoo containing numbers, measures, weights and/or other indications of the products and/or services are done with care but Chloïs Glittertattoo cannot guarantee that there will not be any deviations. When there is a difference between de order of the customer and the confirmation of Chloïs Glittertattoo, the confirmation of Chloïs Glittertattoo is exclusively binding. Small difference should be accepted by the customer.

2.9.     Chloïs Glittertattoo has the right to charge all costs necessary to provide the special offer, to the customer.

 

Article 3 - Prices

3.1.     All prices from Chloïs Glittertattoo are in Euros.

3.2.     All prices used by Chloïs Glittertattoo are based on known price effecting factors at the time the special offer/quotation was issued.

3.3.     Unless specifically agreed differently in writing, all prices stated by Chloïs Glittertattoo are always exclusive VAT and exclusive shipping, postal and packaging costs.

3.4.     Chloïs Glittertattoo has the right to adjust the prices or parts to certain price effecting factors, such as raw materials, wages, taxes, production costs, exchange rate etc., for matters or services that have not been delivered/paid yet.

3.5.     Chloïs Glittertattoo is always authorised to adjust the prices due to a legal price effecting factor.

3.6.     The prices and additional information in all documents and e-mails from Chloïs Glittertattoo are subject to errors and adjustments.

3.7.     The customer indemnifies Chloïs Glittertattoo from all costs and damages that can occur to Chloïs Glittertattoo from the fact:

  • That de customers has not been thoroughly registered for income tax or a similar tax in a relevant EU-country; and/or
  • That the supplier has provided incorrect or untimely details to Chloïs Glittertattoo and/or the authorities regarding income tax or a similar tax in a EU-country.

3.8.     Unless agreed differently, the price for delivery is EXW (Ex Works) (From Factory) Dinteloord, Netherlands, according to the latest version of the INCOTERMS.

3.9.     For special performances, unusual, extremely time consuming or strenuous work requirements, Chloïs Glittertattoo can charge an extra, to be determined equally, allowance. If Chloïs Glittertattoo suffers a stagnation due to more work activities by the customer or third parties, Chloïs Glittertattoo can charge the customer for the hours of stagnation.

3.10.  The customer agrees that Chloïs Glittertattoo will send the invoices electronically or be made available. If requested a paper invoice will be send to the customer. Chloïs Glittertattoo has the right to charge administration and postage costs for this.

 

Article 4 - Payment

4.1.     Chloïs Glittertattoo has at all times got the right to request security from the customer to ensure correct and timely compliance of his payment obligations.

4.2.     If delivery takes place in instalments, Chloïs Glittertattoo can invoice each instalment separately, unless agreed differently in writing with the customer concerned.

 4.3.    Chloïs Glittertattoo also has the right the charge the agreed extra work as meant in article 2 and 3 of these delivery conditions and issue invoices for this.

4.4.     The payment terms are net in cash (including bank payments, Ideal, Paypal, etc.) within thirty (30) days of date of invoice.

4.5.     If the customer does not pay within the agreed payment terms, the customer is legally in default and will owe Chloïs Glittertattoo – without a notice of default – a legal interest for trade transactions over the outstanding amount with a minimum of € 50,- without prejudice to Chloïs Glittertattoo’s further rights. Under article 119a Book 6 BW the legal interest is established every six months as part of “Law on late payments on trade transactions”.

4.6.     In case of default of payment all legal costs, as well as the extra judicial collection costs, made by Chloïs Glittertattoo to ensure compliance of the customer, will be for the account of the customer. The extra judicial collecting costs are 15% of the outstanding amount owed by the other party, including the aforementioned interest, with a minimum of € 250,-.

4.7.     In case of default of payment Chloïs Glittertattoo has the right to suspend or terminate the performance of the agreement and all other related agreements, as well as to terminate the work unfinished, till the customer, by request of Chloïs Glittertattoo, has provide enough security to comply with all his obligations.

4.8.     All payments should be made to a bank account number in the Netherlands designated by Chloïs Glittertattoo or to an existing foreign bank account if this has been agreed with Chloïs Glittertattoo in writing.

4.9.     Payments from the customers shall always first pay the owed interest and costs, and then the oldest outstanding invoice, even if the customer states that the payment was for a later invoice.

4.10. Settlement is not allowed by the customer, unless Chloïs Glittertattoo has unconditionally agreed to the reimbursement in writing.

4.11. Electronic payments made by the customer to Chloïs Glittertattoo, such as by internet or credit cards, will be for the risk of the customer. Chloïs Glittertattoo is not liable for damages to the customer that relate or are caused by electronic payments, by internet or credit cards. To provide credit cards details by the customer to Chloïs Glittertattoo is for the customer’s own risk. Chloïs Glittertattoo will however do the upmost to create a secure website and a secure payment environment.

4.12.  Chloïs Glittertattoo has the right to request from newly registered companies, a down payment of 50 to 100% on the first and second order.

 

Article 5 – Delivery and delivery time

5.1.     In all cases the place of delivery – unless arranged differently in writing – will be the actual business location of the customer or the business location of customer’s contractor that was stated when placing the order.

5.2.     The stated delivery times in special offers/quotations, confirmations and/or contracts, or as mentioned on the website, will be taken into account to our best ability but can never be assumed as the deadline. The delivery time starts when all necessary details required for the execution of the agreement are in the possession of Chloïs Glittertattoo.

5.3.     The delivery time stated by Chloïs Glittertattoo for products and/or deadlines for providing services are based on the applicable circumstances at the time the agreement was concluded, and in case of performances from third parties, on the provided details to Chloïs Glittertattoo by third parties. Exceeding the deadline never entitles to compensation. The customer however has the right, after default notice of a reasonable period to comply of a minimum 8 weeks, to dissolve the agreement by registered post or to cancel without being liable for any compensation for damages or costs.

5.3.     After delivery the customer should check the delivered goods and/or provided services immediately to establish if they comply with the agreement.

5.4.     Customer cannot claim that the delivered goods and/or provided services do not comply with the agreement, if he has not checked it or fails to inform Chloïs Glittertattoo in writing within the hereinafter mentioned period, of any possible defects.

5.5.     Visual defect should be reported to Chloïs Glittertattoo in writing within 5 working days after delivery or performed services.

5.6.     Hidden defects should be reported in writing as soon as they are noticed by the customer, however at least within 3 months after delivery of the goods or performed services.

5.7.     Chloïs Glittertattoo has the right not to deliver any goods that are no longer in stock or which cannot be delivered anymore. At all times Chloïs Glittertattoo has the right to deliver the products in instalments.

5.8.     Necessary packing will be charged at cost price and will not be taken back. The necessity of the use of packing is at the discretion of Chloïs Glittertattoo.

5.9.     Unless the customer chooses his own shipping agent, all goods are shipped by us in a favourable way, with shipping agents chosen by us, for the account and risk of the customer.

5.10.  If the customer requests to have the goods shipped in another way, we can charge the extra costs to the customer.

 

Article 6 – Warranty customer & Commitment

6.1.     Customer is obliged to ensure that Chloïs Glittertattoo is able to deliver the goods.

6.2.     Customer guarantees for own account and risk that:

  •       he will give the necessary cooperation to Chloïs Glittertattoo in order to carry out the performance;
  •       the ordered goods and/or services will be purchased;
  •       The delivery can take place under normal working conditions, during normal working hours from 08.00 – 18.00 hour.

6.3.     If the ordered goods and/or services have been presented to the customer for delivery, however delivery was not possible based on the fact that the customer did not comply with the aforementioned obligations in part 1 and 2, it is assumed that delivery was refused. From this moment the customer is legally in default without requiring further notice from Chloïs Glittertattoo. From that moment on the goods are for the risk of the customer, in accordance with article 8.

6.4.     Without prejudice to the obligation of payment, in a case as mentioned in part 3, the customer is liable to compensate Chloïs Glittertattoo for any suffered damages caused by the refusal; including costs for storage and transport, these costs will be related to the usual local tariffs.

6.5.     Cancellation of the agreement by the customer can only take place after prior written approval from Chloïs Glittertattoo and by compensating Chloïs Glittertattoo for the costs made and damages suffered.

 

Article 7 – Risk transfer

7.1.     Regardless of what was agreed between Chloïs and the customer regarding costs for transport and insurance, the goods will be for the risk of Chloïs Glittertattoo till the moment the actual possession has been transferred to the customer or third party engaged by customer, by signing waybills, signature lists and/or packing lists or by actual delivery.

7.2.     As soon as the actual possession of the goods have been transferred to the customer or third party engaged by customer, in accordance with the provision in part 1, the customer is obliged to ensure that the goods are sufficiently insured against theft, damages, losses etc.

7.3.     Chloïs Glittertattoo has the right to store ready goods or have them stored for the risk and account of the customer and request payment as if delivery has taken place, if these goods could not be transported to the place of delivery due to circumstances beyond the control of Chloïs Glittertattoo

 

Article 8 - Liability

8.1.    Neither Chloïs Glittertattoo nor the customer will restrict or exclude liability to each other in respect to any liability that cannot be excluded by law.

8.2.     If one of the parties fails to comply with one or more of her obligation(s) in the agreement, the other party will place her in default, unless compliance of the relevant obligation(s) are already impossible permanently, in this cause the negligent party will be at default at once.

             Notice of default will be in writing, and the negligent party will be granted a reasonable period to comply with her obligations. The period has the character of a deadline. Chloïs Glittertattoo’s liability towards the customer for direct damages due to non-performance, untimely or incorrect performance are limited to the nett invoice value/purchase price of the relevant goods and/or services, exclusive VAT, however to a maximum amount of € 50.000,-. If there is no purchase price stated, Chloïs Glittertattoo’s liability is limited to the amount she will receive from her insurance company for liability.

8.3.     The mentioned provision in part 2 is also valid if Chloïs Glittertattoo is made liable by the customer for others reasons than in the agreement concluded between them.

8.4.     Direct damages is exclusively:

  • the reasonable costs a party has to make to ensure that the performance of the other party complies with the agreement. However, these damages will not be compensated if the other party has dissolved the agreement;
  • the reasonable costs make to establish the cause and the size of the damages as far as the establishment is related to direct damages in the sense of delivery conditions; reasonable costs made to prevent or limit the damages as far as the damaged party can prove that these costs would have led to the limitation of the direct damages in the sense of these conditions.

8.5.     Chloïs Glittertattoo is never liable for indirect damages, including consequential damages, lost profits, missed savings, damages by business interruptions, obsolete stock and all damages which are not part of direct damages in the sense of these general terms and conditions.

8.6.     The limitation of liability is not valid in case of intent or gross negligence by the management or supervisors of Chloïs Glittertattoo.

8.7.     Chloïs Glittertattoo is never liable for materials provided by the customer to Chloïs Glittertattoo in relation to the agreement. Customer is obliged to take out a sufficient insurance for these materials.

8.8.     If the agreement concerns goods that Chloïs Glittertattoo engages from third parties, Chloïs Glittertattoo’s liability is limited to the liability the engaged supplier or third party has towards Chloïs Glittertattoo.

8.9.     Without prejudice to the above Chloïs Glittertattoo is not liable if the damages are causes by intent and/or gross negligence and/or culpable act or injudicious or improper use of the delivered goods by the customer.

 

Article 9 - Indemnity

9.1.     As far as legally allowed, the customer will indemnify Chloïs Glittertattoo from liability towards one or more third parties, which occur and/or are related to the performance of the agreement, without prejudice if the damages to the delivered goods and/or services where caused or inflicted by Chloïs Glittertattoo or her helpers or equipment. The customer also indemnifies Chloïs Glittertattoo, as far as legally allowed, from all liabilities from third parties regarding any infringement on intellectual property rights of this third party.

9.2.     Customer will take care of an adequate insurance for the above mentioned risks.

9.3.     Customer is always obliged to make every effort to limited the damages.

 

Article 10 – Force majeure & unforeseen circumstances

10.1. If compliance by Chloïs Glittertattoo or purchasing by the customer is delayed for more than one month due to force majeure, each party – under the exclusion of further rights – is authorised to dissolve the agreement according the law. All that has been done/delivered regarding the agreement, or is performed, will be settled pro ration between both parties.

10.2.  Force majeure by Chloïs Glittertattoo is in any case:

  • Each independent circumstance beyond the control of Chloïs Glittertattoo, that permanently or temporarily prevents compliance of the agreement;
  • all circumstance, which reasonably are assumed to obstruct delivery or timely delivery, such as non-delivery or untimely delivery to Chloïs Glittertattoo by suppliers;
  • the circumstance that Chloïs Glittertattoo does not receive a performance (including a performance from customer), that is important in connection with her performance, at all, not on time or not correct;
  • strikes;
  • business disorders or disruptions;
  • traffic disturbances, transport difficulties or transport restrictions;
  • Government measures that prevent Chloïs Glittertattoo from complying with her obligations on time or in a correct manner.
  • riots, rebellion, war;
  • extreme weather conditions;
  • fire;
  • delays at customs;
  • situations that make the performance of the work impossible because the goods that were needed for the work have been lost without no fault of Chloïs Glittertattoo.
  • import, export and/or transit prohibitions.

10.3.  In case of unforeseen circumstance from such a nature that the customer cannot reasonably expect compliance from Chloïs Glittertattoo the judge can dissolve the agreement or part of it, if requested by one of the parties.

 

Article 11 – Right of retention/Reservation of title

11.1.  Chloïs Glittertattoo is authorised to keep all goods from the customers till the customer has met all its obligations towards Chloïs Glittertattoo relating to the goods concerned. If goods that are part of this right come beyond the control of Chloïs Glittertattoo, Chloïs Glittertattoo has the right to claim these goods as if she was the owner.

11.2.  As long as the customer has not complied with all his obligations, also future obligations, towards Chloïs Glittertattoo, the delivered goods will remain the property of Chloïs Glittertattoo and will be delivered under suspensive conditions. From the moment of the first delivery the customer carries the risk for loss or damages of the delivered good, whatever the cause.

11.3.  Without knowledge and written approval from Chloïs Glittertattoo, the customer is not authorised for the delivered goods to be pledged to a third party, encumbered with mortgage or transferred of ownership before payment has been made. Chloïs Glittertattoo will remain the owner till the customer has integral complied with his payment obligations towards van Chloïs Glittertattoo.

11.4.  If the customer does not comply with any obligations in the agreement regarding sold goods or performed work towards van Chloïs Glittertattoo, Chloïs Glittertattoo is authorised, without notice of default, to take back the original delivered goods as well as possible new goods. The customer authorises Chloïs Glittertattoo to enter the premised where these goods are kept.

11.5.  If and as long as Chloïs Glittertattoo is the owner of the products, the customer will inform Chloïs Glittertattoo immediately in writing if any part of the products has been lost or has been damaged, or if the products have been seized and/or a claim has been made on (part of) the products. Chloïs Glittertattoo will grant the customer ownership of the delivered goods as soon as the customer has complied with his payment obligations in this and similar agreements however subject to the right of pledge by Chloïs Glittertattoo, for the benefit of other claims Chloïs Glittertattoo has on the customer. At first request of Chloïs Glittertattoo the customer will give his cooperation to proceedings that are required.

 

Artikel 12 - DISSOLUTION

12.1. Each party has the right, in cases as mentioned below and as far as this has been granted below, to dissolve or suspend this agreement and other directly related agreements, without notice of default or judicial intervention, in total or partly, with immediate effect, without prejudice to Chloïs Glittertattoo’s other rights under any agreement and without holding Chloïs Glittertattoo's to any compensation:

  •    when the other party is in (temporary) receivership or the other party has been declared bankrupt;
  •    when the company of the other party has been liquidated, either voluntary or not;
  •    when the company of the other party merges or has been taken over;
  •    when a substantial part of the equity of the other party has been confiscated;
  •    when other circumstances arise that cannot reasonably command continuation of the agreement.

12.2.  Each party is only authorised to dissolve the agreement if the other party – after a proper and detailed written notice of default with proposal for a reasonable period to rectify the shortcomings and whereby compliance with the actual obligations regarding the agreement fails and when this shortcoming justifies the dissolution.

12.3. If the agreement is dissolved the claims from Chloïs Glittertattoo on the customer are payable immediately and Chloïs Glittertattoo has the right to take back the (already delivered) relevant products. In this case Chloïs Glittertattoo and her representatives are authorised to enter the premises and buildings of the customer to take ownership of the goods. Customer is obliged to take the necessary measurements in order for Chloïs Glittertattoo to execute its rights. If Chloïs Glittertattoo suspends the compliance of the obligations, she will remain her rights by law and agreement.

12.4.  If Chloïs Glittertattoo agrees with the dissolution, at least decides to dissolve without any omission on her side, she has the right to compensation on all equity damages, such as costs, lost profits and reasonable costs to establish the damages and liability. In case of a part dissolution the customer cannot claim the undoing of already carried out performances by Chloïs Glittertattoo and Chloïs Glittertattoo has the right to payment for the already carried out performances.

12.5. Chloïs Glittertattoo remains the right to claim compensation for damages.

 

Article 13 – Industrial and intellectual property

13.1. Chloïs Glittertattoo guarantees that all delivered goods do not infringe with Dutch patents, design rights or other rights of industrial or intellectual property of third parties. Chloïs Glittertattoo however cannot indemnify the customer for possible infringements on intellectual property of third parties.

13.2.  Nevertheless, if Chloïs Glittertattoo has to acknowledge or a Dutch judge in a court case makes an irrevocable decision, that some of the delivered goods by Chloïs Glittertattoo infringe with the rights of third parties as meant here, Chloïs Glittertattoo will take back all goods concerned against reimbursement of the paid price, reduced with the normal expected depreciations, without being liable for any further compensation.

13.3. However, customer will lose the right on the performances mentioned in part 2, if he does not inform Chloïs Glittertattoo on time and fully about any claims from third parties as mentioned in this article, which as a result Chloïs Glittertattoo are unable to properly defend her rights in this case.

13.4.  The customer will ensure not to infringe (nor allow any third parties or make this possible) with the intellectual property rights of Chloïs Glittertattoo, or her suppliers, with regards to products, by for example to copy, edit or counterfeit products.

13.5.  Unless differently agreed, Chloïs Glittertattoo will keep the copyrights, as well as all other rights of intellectual or industrial property on designs, sketches, images, drawings, software or quotations provided by her. These pieces remain her property and cannot be copied, showed to third parties or used in any way, with specific permission, regardless if the customer has been charged with costs for this. The customer is obliged to return these matters at first request to Chloïs Glittertattoo. If the customer fails to meet this request from Chloïs Glittertattoo, he will be fined € 450,- per violation, and € 100,- per working day or part day for as long as the violation continues. The foregoing is without prejudice to any other rights of Chloïs Glittertattoo including the right to claim compensation for damages.

 

Article 14 – Advice and design

14.1.  All information and advice provided by Chloïs Glittertattoo are of general nature and without obligation.

14.2.  Chloïs Glittertattoo accepts no responsibility for any created design by or on behalf of the customer, nor for any possible advice regarding the design.

14.3.  In case of an order with designs that have not been made by or on behalf of her Chloïs Glittertattoo will only take responsibility for the manufacturing in accordance with the order and for the reliability of the used materials as long as these materials were not prescribed by the customer.

14.4.  If the customer wants to transfer the responsibility for the design made by or on behalf of them to Chloïs Glittertattoo, Chloïs Glittertattoo does not have to accept this responsibility.

14.5.  Any made designs by Chloïs Glittertattoo for the customer will remain the property of Chloïs Glittertattoo and can be used to their own discretion, unless differently agreed with the customer in writing.

14.6.  Chloïs Glittertattoo never accepts any responsibility for parts and/or materials that were provided or prescribed by the customer.

14.7.  When at delivery Chloïs Glittertattoo provides the customer with instructions, regulations and/or user instructions regarding the use and purpose of the products, the customer is obliged to comply with these. Chloïs Glittertattoo may assume, unless differently stated by the customer in writing, that the customer and his personnel or persons, who direct or indirect work or reside with the product on behalf of the customer, are aware of these instructions and regulations and have read these in order to act accordingly, provided that the language is available on the instructions. Chloïs Glittertattoo is prepared, if possible, to provide the customer with the instructions and regulations in other languages, however these extra costs will be charged to the customer.

 

Article 15 - Reclamations, complaints and warranty

15.1.  The customer is obliged to closely inspect the products immediately after arrival at the place of destination or, in case sooner, after receipt by himself or any third party acting on his behalf.

15.2.  Customer is obliged to report to Chloïs Glittertattoo in writing any reclamation regarding defects on the products that are caused by material manufacturing faults, as well as differences in quantity, weight, composition or description, including complaints about invoices, within five days after receiving the goods. He should also include the source of the defect. Defects that cannot be determined within the above mentioned period, should be reported to Chloïs Glittertattoo in writing immediately when noticed but at least within 30 days after delivery of the products. The customer will lose all rights and authorisations if he fails to make a reclamation within the above mentioned periods or if he has not given Chloïs Glittertattoo the opportunity to correct the defect. Once these periods have lapsed, delivered goods are irrevocably and unconditionally accepted and the customers is obliged to pay for the products. Issuing a complaint does not suspend the payment obligations of the goods concerned in this dispute. The customer cannot return the goods without prior consultation with Chloïs Glittertattoo. The charges for returning the goods are for the account of the customer and the products will remain for his risk.

15.3.  When noticing any defects, the customer is obliged to abandon the production or sale of the relevant products immediately.

15.4.  Reclamations on completed used or opened products, unless differently agreed in writing, will not be dealt with by Chloïs Glittertattoo.

15.5.  If to the discretion of Chloïs Glittertattoo, the reclamation was made on time, correct and delivered in accordance with de provisions in part 1 and 2, and Chloïs Glittertattoo has received sufficient evidence that the products are not functioning correctly, Chloïs Glittertattoo has the choice to either replace the defect products free of charge, or to grant the customer a discount after mutual consultation. By complying with one of the above stated performances, Chloïs Glittertattoo will be completely discharged from her warranty obligations and cannot be held responsible for any further (damage) compensation. If Chloïs Glittertattoo delivers products to the customer that were acquired from a supplier, Chloïs Glittertattoo cannot be hold to any further warranty of liability as to what Chloïs Glittertattoo can claim from her supplier. All possible administration, shipping or delivery costs and all extra costs to claim the manufacturing warranty at the supplier of Chloïs Glittertattoo will be for the account of the customer. All shipping costs from customer to Chloïs Glittertattoo are always for the account of the customer.

15.6.  The provision in part 2 of book 7 of the Burgerlijk Wetboek will be excluded by both parties.

15.7.  The possible warranties for Chloïs Glittertattoo are not valid if and when the customer is in default with Chloïs Glittertattoo, the goods were exposed to abnormal circumstances, or were not carefully or unknowledgeable handled, the goods were stored longer than usual, the goods were stored in a frost sensitive area, the goods were exposed to high temperatures and Chloïs Glittertattoo were unable to investigate the defect. Each warranty will definitely expire one year after delivery.

 

Article 16 - Transfer

16.1.  The customer is not obliged, without receiving written approval from Chloïs Glittertattoo, to transfer any rights or obligations, resulting from the agreement, to third parties.

 

Article 17 - Privacy

17.1. Chloïs Glittertattoo will handle all information provided to her in accordance with the applicable law, especially the Law Protection Personal Details.

17.2. All information provided by the customer will only by used by Chloïs Glittertattoo if necessary to conclude and comply with the agreement (including the other provisions, including these general terms and conditions), as well as for the business operation of Chloïs Glittertattoo. Details will only be provided to third parties if this is necessary for the aforementioned purposes.

17.3.  For more information on privacy please check the website of Chloïs Glittertattoo (http://www.mijnwebwinkel.nl/winkel/chloisglittertattoo/c-3101824/privacy-cookies/)  " Privacy & Cookies".

 

Article 18 - Adjustments / amendments

18.1. Adjustments in these general terms and conditions are only valid if these have been agreed by both parties in writing.

18.2. If one or more of the provisions in these terms and conditions or any other agreement with Chloïs Glittertattoo are in violation with any laws, this particular provision will expire and will be replaced by a new legal acceptable similar provision to be further determined by Chloïs Glittertattoo. The rest of the agreement will remain in force.

18.3. Parties will discuss the invalid provisions, in order to come up with a replacement provision that is valid, so it preserves the scope of the agreement.

 

Article 19 – Disputes & applicable law

19.1. All disputes – including disputes that are only considered a dispute by one party – that may occur between Chloïs Glittertattoo and the customer regarding the concluded agreement or other agreement between Chloïs Glittertattoo and the customer, will be subject to the verdict of a normal judge in the domicile or district of Chloïs Glittertattoo, except the authorities of parties to elicit a decision by the President of the District Court, adjudicating in summary proceedings.

 19.2.    For claims from Chloïs Glittertattoo however the court in the domicile or district of the customer also has jurisdiction.

19.3.  If any party is of the opinion that a dispute is present and wants to make this know, he will inform the other party in writing with a description to make the dispute known.

19.4.  All concluded agreements in accordance with these general terms and conditions are applicable to Dutch law.

19.5.  The Uniform Laws (CISG, V.N. Convention of Vienna dated 11 April 1980) regarding the international sale of tangible goods and the establishment of international sales agreements regarding tangible goods will be expressly excluded.

19.5.  If these general terms and conditions are drawn up in another language than the Dutch language, the Dutch text will always prevail in cause of discrepancies.

 

These general terms and conditions were defined on 08-02-2016.

 

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