General Terms and Conditions of Sminkracing, established in Hooglanderveen Version valid from 4 November 2018.
1.1 These general terms and conditions apply to all Sminkracing offers. The conditions are accessible to everyone and included on the internet site of Sminkracing. Upon request, we will send you a written copy.
1.2 By placing an order you indicate that you agree with the delivery and payment conditions. Sminkracing reserves the right to change its delivery and / or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Sminkracing.
1.4 Sminkracing guarantees that the delivered product meets the agreement and meets the specifications stated in the offer.
2.1 Delivery takes place while stocks last.
2.2 Within the framework of the rules of distance selling Berry Smink will carry out Sminkracing orders at least within 30 days. If this is not possible (because the order is not in stock or no longer available), or there is a delay for other reasons, or an order can not or only partially be executed, then the consumer will receive within 1 month after placing the order a message and in that case he has the right to cancel the order without costs and notice of default.
2.3 The delivery obligation of Sminkracing will, subject to proof to the contrary, be met as soon as the goods delivered by Sminkracing have been offered to the customer once. In the case of home delivery, the report of the carrier, which implies the refusal of acceptance, serves as full proof of the delivery offer.
2.4 All terms mentioned on the internet site are indicative. No rights can therefore be derived from the aforementioned terms.
3.1 Prices will not be increased within the duration of the offer, unless legal measures make this necessary or if the manufacturer makes interim price increases.
3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.
3.3 All prices on the site are in EURO and include 21% VAT.
4. Visibility period / right of withdrawal
4.1 If there is a consumer purchase in accordance with the Distance Selling Act (Section 7: 5 Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 7 working days without giving any reason. This period starts at the moment the ordered items are delivered. If the customer has not returned the delivered goods to Sminkracing after this period, the purchase is a fact. The customer is obliged, before proceeding to return, within the period of 7 working days after delivery in writing to Sminkracing. The customer must prove that the delivered goods have been returned on time, for example by means of proof of mail delivery. Return of the goods must take place in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used by the customer, encumbered or damaged in any way, the right to dissolution within the meaning of this paragraph will lapse. With due observance of the provisions in the previous sentence, Sminkracing will ensure that the full purchase price including the calculated shipping costs will be refunded to the customer within 30 days after the receipt of the return shipment. The return of the delivered goods is entirely at the expense and risk of the buyer.
4.2 The right of dissolution, as described in the previous paragraph, only relates to the goods delivered and shall in no case refer to services, such as telephone subscriptions of the (mobile) network operators offered by Sminkracing. On the latter services, where Sminkracing only acts as an intermediary or agent, the general terms and conditions of the aforementioned network operators will apply.
4.3 The right of withdrawal does not apply to: services whose implementation, with the consent of the consumer, has begun for the period of seven working days of goods or services whose price is subject to fluctuations on the financial market, on which the supplier has no influence goods that specifications of the consumer are made, for example, custom work, or that have a clear personal character for goods or services that by their nature can not be returned, for example due to hygiene or that can easily spoil or age audio and video recordings and computer software of which the consumer the seal has broken the supply of newspapers and magazines; for the services of betting and lotteries
5. Data management
5.2 Sminkracing respects the privacy of the users of the internet site and ensures confidentiality of your personal data.
5.3 Sminkracing uses a mailing list in some cases. Each mailing contains instructions to remove yourself from this list.
6.1 Sminkracing guarantees that the products delivered by it meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement, and is therefore responsible for the factory warranty of the product delivered to you.
6.2 The Sminkracing warranty period corresponds to the manufacturer's warranty period. Sminkracing is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
6.3 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is wrong, inadequate or incomplete, then the customer (before proceeding to return to Sminkracing) must report these defects immediately in writing to Sminkracing. Any defects or incorrectly delivered goods must and can be reported to Sminkracing in writing up to a maximum of 2 months after delivery. Return of the goods must take place in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after detection of failure, damage arising after detection of failure, encumbrance and / or resale after detection of defect, does this right to complain and return completely invalid.
6.4 If complaints from the customer are found to be well-founded by Sminkracing, Berry Smink will, at its option or the delivered goods, replace Sminkracing free of charge or make a written arrangement regarding the compensation with the customer, on the understanding that the liability of Sminkracing and consequently the amount of compensation is always limited to a maximum of the invoice amount of the goods concerned, or (at the option of Sminkracing) to the maximum in the relevant case by the liability insurance of Sminkracing amount covered. Any liability of Sminkracing for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential loss or damage due to lost profits.
6.5 Sminkracing is not liable for damage caused by intent or equivalent conscious recklessness of non-managerial staff.
6.6 This guarantee does not apply if: A) and as long as the customer is in default towards Sminkracing; B) the customer has repaired the delivered goods himself and / or processed or has third parties repaired and / or edited. C) the delivered goods are exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of Sminkracing and / or instructions on the package have been treated; D) the defect is wholly or partially the result of regulations that the government has made or will make regarding the nature or the quality of the materials used;
7.1 Offers are without obligation, unless otherwise stated in the offer.
7.2 Upon acceptance of a non-committal offer by the buyer, Sminkracing reserves the right to revoke or deviate from the offer within the period of 3 working days after receipt of that acceptance.
7.3 Verbal commitments bind Sminkracing only after they have been expressly confirmed in writing.
7.4 Offers from Sminkracing do not automatically apply to repeat orders.
7.5 Sminkracing can not be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or error.
7.6 Additions, changes and / or further agreements are only valid if agreed in writing.
8.1 An agreement between Sminkracing and a customer comes about after an order has been assessed by Sminkracing for feasibility.
8.2 Sminkracing reserves the right to refuse orders or orders without giving reasons or to accept them exclusively on the condition that the shipment is made cash on delivery or after payment in advance.
9. Images and specifications
9.1 All images; photos, drawings etc .; eg data concerning weights, dimensions, colors, images of labels, etc. on the internet site of Sminkracing are only approximate, are indicative and can not lead to damages or dissolution of the agreement.
10. Force majeure
10.1 Sminkracing is not liable if and insofar as her obligations can not be fulfilled due to force majeure.
10.2 Force majeure means any strange cause, as well as any circumstance, which should not reasonably be at its risk. Delay or default by our suppliers, disruptions in the Internet, faults in the electricity, malfunctions in e-mail traffic and malfunctions or changes in technology provided by third parties, transport problems, strikes, government measures, delays in the supply, negligence of suppliers and / or manufacturers of Sminkracing as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly regarded as force majeure.
10.3 Berry Smink In the event of force majeure, Sminkracing reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended so that execution remains possible. Under no circumstances is Sminkracing liable to pay any penalty or compensation.
10.4 If Sminkracing has partially fulfilled its obligations at the onset of the force majeure, or only partially fulfills its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to invoice this invoice. meet as if it were a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
11.1 Sminkracing is not liable for damage to vehicles or other objects caused by improper use of the products. Before use, read the instructions on the packaging and / or consult our website.
12. Reservation of ownership
12.1 Ownership of all goods sold and delivered to the buyer by Sminkracing remains with Sminkracing as long as the customer has not paid the claims of Sminkracing pursuant to the agreement or earlier or later similar agreements, as long as the customer has not yet performed the work performed or to be performed from these or similar agreements and as long as the customer has not yet paid the claims of Sminkracing due to shortcomings in the fulfillment of such obligations, including claims in this respect of fines, interest and costs, as referred to in Section 3:92 Dutch Civil Code.
12.2 The goods delivered by Sminkracing which fall under the retention of title may only be resold within the framework of normal business operations and may never be used as a means of payment.
12.3 The customer is not entitled to pledge the goods falling under the retention of title or encumber them in any other way.
12.4 The customer now gives unconditional and irrevocable consent to Sminkracing or a third party to be appointed by Sminkracing, in all cases where Sminkracing wants to exercise its property rights, to enter all those places where her property will then be there and take those things there.
12.5 If third parties seize the goods delivered under retention of title or want to establish or assert rights thereon, the customer is obliged to notify Sminkracing of this as soon as reasonably may be expected.
12.6 The customer undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available to Sminkracing on first request.
13. Applicable law / competent court
13.1 Dutch law applies to all agreements.
13.2 Disputes resulting from an agreement between Sminkracing and buyer, which can not be resolved by mutual agreement, will be heard by the competent court in the district of Utrecht, unless Sminkracing prefers to give the difference to the competent court of the place of residence of the buyer, and with the exception of disputes that belong to the jurisdiction of the subdistrict court.