General terms and conditions
Article 1. General terms and conditions Dutch Nail Cosmetics
1.1 These general terms and conditions (hereinafter: "Terms and Conditions") apply to all quotes, offers, work, orders, agreements, and deliveries of services or products by or on behalf of Dutch Nail Cosmetics. The Terms and Conditions are provided to the Customer in accordance with legal requirements, and we assume that the Customer has read and accepted them.
1.2 In addition to these Terms and Conditions, Dutch Nail Cosmetics may apply additional terms and conditions specifically for certain transactions or activities. These additional terms and conditions form part of these Terms and Conditions. Additional terms and conditions apply, among other things, to the various training courses, and workshops (hereinafter: Training Courses) offered by Dutch Nail Cosmetics. These terms and conditions are provided upon purchase of the Training Course.
1.3 The Terms and Conditions of Dutch Nail Cosmetics always take precedence over those of the customer, even if the customer has different terms and conditions. Any general terms and conditions of the customer are hereby expressly rejected.
1.4 If one or more provisions of these Terms and Conditions prove to be invalid, the remaining Terms and Conditions will remain in full force. The invalid provision will then be replaced, in consultation, with a provision that comes as close as possible to the original intention.
1.5 Situations not covered by these Terms and Conditions or ambiguities regarding the interpretation of one or more provisions shall be assessed in accordance with the intention of these Terms and Conditions.
1.6 Dutch Nail Cosmetics may unilaterally amend the Terms and Conditions at any time. The Customer will be notified of this. If the Customer disagrees with the new Terms and Conditions, this must be indicated in writing within 5 business days. Otherwise, Dutch Nail Cosmetics will assume that the Customer accepts the amendments.
Article 2. Definitions
2.1 In these Terms and Conditions the following definitions are used:
Article: Article in these Terms and Conditions or in the Agreement between the Parties;
Third: Party other than Dutch Nail Cosmetics or Customer;
Dutch Nail Cosmetics: The private company with limited liability, statutorily established at Otto van Tussenbroekstraat, 3059 LR Rotterdam, registered in the trade register of the Chamber of Commerce under number 24467671, reachable by telephone on +31 10 307 24 25 and by e-mail at info@dutchnailstore.nl ;
Client: The party who either acts as a natural person not acting in the exercise of a profession or business, or as a legal entity acting in the exercise of a profession or business,
enters into an Agreement with Dutch Nail Cosmetics;
Agreement: The Agreement concluded between the Parties to which these Terms and Conditions apply;
Parties: Dutch Nail Cosmetics and Customer together;
Terms and Conditions: These general Terms and Conditions of Dutch Nail Cosmetics.
2.2 These definitions are used in these Terms and Conditions in both the singular and plural.
Article 3. Agreements on prices Dutch Nail Cosmetics
3.1 An Agreement between the Parties is formed when Dutch Nail Cosmetics receives an order from the Customer via email, the webshop, by phone, or through a physical purchase in the salon. The Customer is responsible for the accuracy and completeness of the information provided to Dutch Nail Cosmetics and on which the order is based.
3.2 All prices are subject to printing and typographical errors. In the event of incorrect pricing, Dutch Nail Cosmetics is not obligated to supply the product or service at the incorrect price, and no liability is accepted for the consequences of these errors.
3.3 Dutch Nail Cosmetics may change the prices of its products and services at any time.
3.4 Dutch Nail Cosmetics ensures that the description of the products and services is clear and accurate, so that the customer gets a good idea of what is being offered.
offered. If images are used, they provide a realistic representation of the products and services. However, obvious errors or mistakes in the offer are not binding on Dutch Nail Cosmetics.
3.5 All images, specifications, and information in the offer are for illustrative purposes only and cannot give rise to compensation or termination of the agreement. Photos of products and treatment results, such as (gel) nail polish, posted on social media or the website/webshop are for illustrative purposes only. The exact color of these products may vary significantly due to factors such as the quality of the photo, the treatment, lighting, and other environmental conditions.
3.6 Dutch Nail Cosmetics may, within the statutory limits, investigate whether the Customer can meet their payment obligations. If this investigation reveals reasons not to enter into the Agreement, Dutch Nail Cosmetics may refuse an order or impose special conditions on the delivery.
3.7 Each Agreement is entered into under the condition precedent that the products or services are available.
3.8 Dutch Nail Cosmetics has the right to refuse orders and assignments without stating reasons.
3.9 Customer's rights under an Agreement between the Parties may not be transferred to Third Parties without the prior written consent of Dutch Nail Cosmetics.
Article 4. Right of withdrawal and return policy
4.1 Customer can cancel an online purchase within 14 days after receipt of the (complete) order without giving any reason, provided that:
Customer follows the Return Policy of Dutch Nail Cosmetics;
- The product is unused;
- It is not a custom made product;
- It is not a hygiene-sensitive product;
- The seal is intact;
- Customer has not waived the right of withdrawal;
4.2 Customer returns the product in its original condition and packaging, unopened and undamaged.
4.3 Customer must use the return form [note the link] to register a return.
4.4. The customer must return the product within 14 days of registering the return. If the customer fails to do so in time, the right of withdrawal expires.
4.5 The return costs are borne by the Customer and the return is at the Customer's own responsibility and risk.
Article 5. Shipping(times) and delivery(times)
5.1 Delivery by Dutch Nail Cosmetics will take place while stocks last.
5.2 Dutch Nail Cosmetics strives to ship orders within 3 business days in the Netherlands and within 7 business days to other European countries. These are guidelines; exceeding them does not entitle you to cancellation or compensation.
5.3 Exceptions to the delivery time may occur, such as during busy periods due to special offers, new collections or holidays.
5.4 If the Customer fails to make payments on time, Dutch Nail Cosmetics may postpone delivery until the amount has been paid. In the event of default by the creditor, Dutch Nail Cosmetics cannot be held liable for delayed delivery.
5.5 Delivery will be made to the address provided by the Customer. We rely on the accuracy of this information and are not responsible if it proves to be incorrect. Please ensure that delivery can take place (on time).
5.6 Dutch Nail Cosmetics relies on external carriers for delivery. The terms and conditions of these carriers apply, and we have no control over them.
5.7 If an order does not arrive on time, for example, because the package is lost during delivery, the Customer must report this to Dutch Nail Cosmetics as soon as possible, but no later than 5 business days after the expected delivery date. If the expected delivery date has not yet passed, Dutch Nail Cosmetics will ask the Customer to wait until then. If the expected delivery date has already passed 5 business days, Dutch Nail Cosmetics will initiate an investigation with the carrier. To initiate such an investigation, the Customer must sign a consignment note. Dutch Nail Cosmetics will send this form to the Buyer.
5.8 An investigation into the status of a (missing) package with the carrier generally takes 12 business days. The Customer allows Dutch Nail Cosmetics to wait for this period before Dutch Nail Cosmetics will proceed with reshipping the Customer's order, either free of charge or not. If (from the carrier's investigation or another form of receipt) it appears that the package has been delivered to the Customer, Dutch Nail Cosmetics will not proceed with reshipping the Customer's order free of charge.
5.9 If (the carrier's investigation) reveals that the Customer has given the delivery person permission to deliver the package elsewhere, for example, to a neighbor or another location around the house, the Customer bears the risk of incorrect delivery. In that case, Dutch Nail Cosmetics is not obligated to resend the package free of charge if it goes missing.
5.10 During the investigation period and the shipment of the new package, the Customer cannot claim a refund. Only if the reshipped package is not delivered on time – and no later than within 30 days – will the purchase price be refunded to the Customer.
5.11 If the packaging of a product is opened or damaged at the time of delivery, the Customer must ask the delivery person to make a note of this before
The product is received, or the package is explicitly refused for this reason. If this does not happen, Dutch Nail Cosmetics is not responsible for any damage and the Customer should contact the carrier regarding this matter.
Article 6. Conformity and warranty
6.1 Dutch Nail Cosmetics guarantees that the products and services comply with the agreements, the specifications in the offer, and the legal requirements applicable at the time of purchase.
6.2 The enclosed instructions explain how to store and use the products. If the Customer does not follow these instructions, Dutch Nail Cosmetics cannot guarantee that the products will continue to meet the aforementioned requirements.
6.3 Dutch Nail Cosmetics advises the customer on the suitability of the products and emphasizes that they are for professional use. If private individuals use the products without proper education or training, Dutch Nail Cosmetics is not liable for disappointing results. Dutch Nail Cosmetics is also not responsible if the customer deviates from their advice.
6.4 The Dutch Nail Cosmetics warranty applies only to defects due to manufacturing, construction or material errors.
6.5 The warranty does not apply to normal wear and tear, damage due to accidents, product modifications, negligence, or misuse by the Customer, even if the cause of the defect is unclear.
Article 7. Dissolution
7.1 Dutch Nail Cosmetics may terminate the Agreement without notice of default, judicial intervention and compensation if:
- Customer is declared bankrupt or enters into debt restructuring;
- Customer requests a deferment of payment or this is granted;
- Customer loses control of a large part of his assets through seizure or otherwise;
- Dutch Nail Cosmetics has good reasons to doubt whether the Customer can still meet its obligations;
- Customer fails to meet his or her payment obligations.
7.2 In situations as described above, the outstanding amount of the Customer becomes immediately due and payable.
Article 8. Payment
8.1 Unless otherwise agreed, the Customer must pay the amount due immediately when placing an order in the webshop and/or when purchasing products in the salon.
8.2 If the Customer receives an invoice, it must be paid within 7 days of receipt. In the event of late payment, Dutch Nail Cosmetics will charge statutory interest, with a minimum of €50 per month. After 21 days, the Customer will receive a reminder and will be formally in default. If payment has not been made after 30 days, Dutch Nail Cosmetics may hand the claim over to a debt collection agency or lawyer, in which case the Customer will be liable for the additional costs. In addition, an administration fee of 15% of the claim, with a minimum of €80.00, will be charged.
8.3 In the event of late payment, Dutch Nail Cosmetics may cancel the Agreement or (temporarily) stop the work or delivery of products, including for other agreements of the same Customer, without the Customer being able to claim compensation.
8.4 The Customer must immediately report any errors in the payment details to Dutch Nail Cosmetics.
Article 9. Force Majeure
9.1 If Dutch Nail Cosmetics is unable to fulfill its obligations due to unforeseen circumstances, cannot fulfill them on time, or only with significant effort and additional costs, this is considered force majeure. Unforeseen circumstances include, but are not limited to: war, mobilization, terrorism, a day of national mourning, government measures, strikes, natural disasters, and epidemics.
and pandemics, employee illness and the failure (to timely) to fulfil obligations by a third party on which Dutch Nail Cosmetics depends.
9.2 In the event of force majeure, Dutch Nail Cosmetics may (partially) terminate the agreement by informing the Customer in writing, without judicial intervention and without compensation and/or agreeing on a new date for the performance of the Agreement in consultation with the Customer.
Article 10. Liability and indemnity
10.1 Dutch Nail Cosmetics cannot be held liable for damages, regardless of the cause, unless the damage is the direct result of intent or gross negligence on the part of Dutch Nail Cosmetics. If Dutch Nail Cosmetics is liable, compensation will be limited to the amount paid by the liability insurance. If the insurance does not pay out or does not pay out in full, liability will be limited to the invoice amount to which the damage relates. Dutch Nail Cosmetics is never liable for indirect damages, such as consequential damages, lost profits, lost savings, or damages to third parties.
10.2 The Client is fully liable for all damages to Dutch Nail Cosmetics resulting from a breach of warranties or obligations under these Terms and Conditions. The Client indemnifies Dutch Nail Cosmetics against claims from third parties in such cases and in cases where third parties suffer damages due to the products or services provided by Dutch Nail Cosmetics.
Article 11. Complaints
11.1 Complaints regarding the performance of the Agreement must be clearly reported to Dutch Nail Cosmetics by the Customer within 7 days of discovering the problem. Dutch Nail Cosmetics will respond within 14 days of receiving the complaint. If more time is needed to process the complaint, Dutch Nail Cosmetics will notify the Customer within the same period and provide an indication of when the Customer can expect a more detailed response.
11.2 A complaint does not suspend the Customer's (payment) obligations, unless Dutch Nail Cosmetics indicates otherwise in writing.
11.3 If the complaint is justified, Dutch Nail Cosmetics will, at its own discretion, repair or reimburse the product or service in a manner it deems reasonable.
Article 12. Disputes and applicable law
12.1 Dutch law applies to Agreements between the Parties, even if the Customer is established abroad.
12.2 Disputes concerning the Agreement shall be submitted to the Dutch court in Rotterdam, unless the law provides otherwise.