Terms and Conditions
Article 1. General
1.1 In these general terms and conditions of sale, 'Make-up Studio Amsterdam' means: the webshop of Make-up Studio Amsterdam Professional Make-up (a trade name of Special Cosmetics BV).1.2 These terms and conditions form part of all offers from and agreements with Make-up Studio Amsterdam unless expressly deviated from in writing.
1.3 Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by Make-up Studio Amsterdam.
1.4 In the event that the Terms and Conditions and an Agreement contain conflicting clauses, the Agreement shall prevail.
1.5 If any part of the Terms and Conditions is void or annulled, the other provisions of the Terms and Conditions will remain in full force and effect and the parties will be bound to make every effort to determine a replacement clause in good consultation that is valid and reflects the original intentions. of the parties as closely as possible.
Article 2. Offers and conclusion of agreements
2.1 All offers are without obligation, unless expressly stated otherwise by Make-up Studio Amsterdam.2.2 Agreements for the delivery of goods and/or services are only binding on Make-up Studio Amsterdam after written confirmation. Actual execution by Make-up Studio Amsterdam or an order confirmation email and/or invoice sent by Make-up Studio Amsterdam is equivalent to a written confirmation of the offer.
2.3 If the correctness of the content of this written confirmation is not disputed within 14 days, also in writing, Make-up Studio and the customer are bound by this.
2.4 Offers from Make-up Studio Amsterdam do not automatically apply to repeat orders.
2.5 Make-up Studio Amsterdam cannot be held to its offer if the customer should have understood that the offer, or part thereof, contained an obvious mistake or typo.
2.6 Additions, changes and/or further agreements are only effective if agreed in writing.
Article 3. Prices/Price increase
3.1 Unless otherwise stated, all prices are expressed in Euros, including sales tax (VAT). These prices apply to shipping within the Netherlands. For shipments abroad, any import duties and local taxes are borne by the buyer.3.2 Make-up Studio Amsterdam guarantees that price increases will not take place after the order has been placed, unless the price increase is the result of legal regulations and/or provisions.
3.3 For orders below €50, including VAT, a contribution to shipping and administration costs of €2.95 will be charged.
3.4 For orders over €50,- including VAT, no shipping and administration costs will be charged.
3.4 Different shipping costs apply to the Pro card holder. For orders below €100, including VAT, a contribution to shipping and administration costs of €5.95 will be made. For orders over €100, no shipping costs will be charged.
Article 4. Delivery
4.1 If items are available from stock, they will be offered for shipment to the carrier within 1 working day of ordering. carrier (this period may be longer around public holidays). A longer period may apply to make-up school packages. Make-up Studio Amsterdam may charge shipping costs for sending ordered items. The delivery of ordered goods takes place at the postal address known to Make-up Studio Amsterdam (not a PO box), not being temporary, and delivered to the natural person who is at the delivery address.4.2 If the customer refuses to accept delivery or fails to provide information or instructions necessary for delivery, the items will be stored for a maximum of 60 days at the expense and risk of the customer.
4.3 Make-up Studio Amsterdam's delivery obligation will, unless proven otherwise, be fulfilled as soon as the goods delivered by Make-up Studio Amsterdam have been offered to the customer (regardless of whether the buyer is present). In the case of home delivery, the carrier's report, containing the refusal of acceptance, serves as full proof of the offer of delivery, unless proven otherwise.
4.4 In the event of refusal of the goods offered, return freight and storage costs, as well as the risk of damage or loss of the refused goods, will be entirely borne by the buyer, unless the buyer has good grounds for canceling the purchase or replacing the goods. invokes.
Article 5. Delivery time
5.1 A delivery time specified by Make-up Studio Amsterdam can never be regarded as a deadline. The delivery time does not start until Make-up Studio Amsterdam has received all necessary information, after which Make-up Studio Amsterdam will attempt to offer the goods to the carrier within 1 working day.5.2 In the context of the rules of distance purchasing, Make-up Studio Amsterdam (contractor) will execute orders expeditiously, but at least within 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot or can only be partially executed, the consumer (client) will receive notice within 30 days of placement of the order and in that case he has the right to cancel the order without costs and notice of default.
Article 6. Dissolution
6.1 Without prejudice to the rights of Make-up Studio Amsterdam under the law, Make-up Studio Amsterdam is entitled to suspend or dissolve the agreement in whole or in part by means of a written statement to the customer, with the right to compensation the customer. If, after concluding the agreement, Make-up Studio Amsterdam becomes aware of circumstances that give Make-up Studio Amsterdam good reason to fear that the customer will not fulfill his obligations or if Make-up Studio Amsterdam upon concluding the agreement has requested to provide security for compliance and this security is not provided or is insufficient (despite summons) as well as in the event of bankruptcy of the customer, the customer's own application for bankruptcy, suspension of payments, liquidation or a decision to that effect, complete or partial transfer of the buyer's company or seizure of any part of its assets.6.2 If circumstances arise with regard to persons and/or materials that Make-up Studio Amsterdam uses or tends to use in the execution of the agreement, which are of such a nature that the execution of the agreement is impossible or so difficult and / or becomes disproportionately expensive that compliance with it can no longer reasonably be required, Make-up Studio Amsterdam is entitled to terminate the agreement in writing.
6.3 The customer has the right to terminate the agreement within a period of 14 days without giving any reason for delivered goods based on an order with Make-up Studio Amsterdam, if there is a consumer purchase, in accordance with Article 7:5 of the Dutch Civil Code. terminate, unless expressly agreed otherwise. This period starts when the ordered goods have been delivered. If the customer has not returned the delivered goods to Make-up Studio Amsterdam within 14 days after termination, the purchase is a fact. Before returning the product, the customer is obliged to report this to Make-up Studio Amsterdam within 14 days after delivery. The customer must prove that the delivered goods have been returned on time (no later than 14 days after cancellation), for example by means of proof of postal delivery. Returning the delivered goods is entirely at the expense and risk of the customer. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right to termination within the meaning of this paragraph lapses. Taking into account what has been determined in the previous sentence, Make-up Studio Amsterdam will confirm the cancellation of the purchase immediately after receipt and inspection of the returned items and will ensure that the full purchase amount is paid to the customer free of charge within 14 days after return. refunded.
Article 7. Force majeure
7.1 Force majeure means, in addition to what is understood in law and case law, all circumstances over which Make-up Studio Amsterdam has no influence and which hinder or make the delivery of goods impossible, including but not limited to a strike at Make-up Studio Amsterdam and/or suppliers, disruptions in the Internet or WAP, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties.7.2 Force majeure can also be invoked if the circumstance that prevents (further) compliance occurs after Make-up Studio Amsterdam should have fulfilled the obligation.
7.3 If the period in which fulfillment of the obligation by Make-up Studio Amsterdam is not possible due to force majeure lasts longer than 2 weeks, both parties are entitled to terminate the agreement, without there being any obligation to pay compensation in that case.
7.4 If Make-up Studio Amsterdam has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfill its obligations, it is entitled to invoice separately for the part already delivered or the deliverable part and the customer is obliged to pay this invoice. as if it were a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.
Article 8. Warranty
8.1 Make-up Studio Amsterdam does not offer a more extensive warranty on delivered goods than the warranty (conditions) of the manufacturer of these goods, without however affecting the rights of the customer arising from mandatory legal provisions.8.2 The customer is obliged to immediately check the delivered goods upon receipt. If it turns out that the delivered item is wrong, defective or incomplete, the customer must immediately report these defects in writing to Make-up Studio Amsterdam in writing (before returning it to Make-up Studio Amsterdam). Any defects or incorrectly delivered goods must and can be reported to Make-up Studio Amsterdam in writing within 14 days of delivery. Any defects that become apparent during use can be reported in writing for up to 60 days. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. Putting into use after discovery of a defect, damage occurring after discovery of a defect, encumbrance and/or resale after discovery of a defect, completely voids this right to complain and return.
8.3 If complaints from the customer are found to be well-founded by Make-up Studio Amsterdam, Make-up Studio Amsterdam will, at its option, either replace the delivered goods free of charge or make a written arrangement with the customer regarding compensation, on the understanding that the liability of Make-up Studio Amsterdam and therefore the amount of compensation is always limited to a maximum of the invoice amount of the relevant goods, or (at the discretion of Make-up Studio Amsterdam) to the maximum in the relevant case by the liability insurance of Make-up Studio Amsterdam covered amount. Any liability of Make-up Studio Amsterdam for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profits.
8.4 This warranty does not apply if: A) and as long as the customer is in default towards Make-up Studio Amsterdam; B) the customer has repaired and/or edited the delivered goods himself or has had them repaired/or edited by third parties. C) the delivered goods that have been treated carelessly or contrary to the instructions of Make-up Studio Amsterdam and/or instructions for use on the packaging; D) the defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used;
8.5 Make-up Studio Amsterdam is not liable for damage caused by intent or equivalent deliberate recklessness of non-managerial staff.
8.6 The customer can write to Make-up Studio Amsterdam, Samsonweg 22, 1521 RC Wormerveer for questions and/or complaints or email to: info@specialcosmetics.nl. Complaints are usually handled within 30 days. If this is not possible for any reason, the customer will be informed of the delay
Article 9. Payment
9.1 Payment must be made via direct internet payment. Payment in installments is not possible.9.2 In the event of bankruptcy or suspension of payment of the customer or an application for this, the claims of Make-up Studio Amsterdam and the obligations of the customer towards Make-up Studio Amsterdam are immediately due and payable.
9.3 If Make-up Studio Amsterdam has to outsource its claim for collection, the customer owes a fixed amount of 15% of the extrajudicial collection costs owed, with a minimum amount of €250.
9.4 If Make-up Studio Amsterdam can demonstrate that it has incurred higher costs that were reasonably necessary, these are also eligible for reimbursement.
9.5 Payment via Credit Card. You place an order. When paying for your order you can choose between VISA and Mastercard. Once your payment has been verified, we will be informed that the order has been paid. The purchase amount is immediately debited and charged.
Article 10. Retention of title
10.1 The ownership of all goods sold and delivered by Make-up Studio Amsterdam to the customer remains with Make-up Studio Amsterdam as long as the customer has not paid Make-up Studio Amsterdam's claims under the agreement or previous or later similar agreements , as long as the customer has not yet paid for the work performed or yet to be performed under this or similar agreements and as long as the customer has not yet paid the claims of Make-up Studio Amsterdam due to failure to comply with such obligations, including claims for with regard to fines, interest and costs.10.2 The goods delivered by Make-up Studio Amsterdam that are subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
10.3 The customer is not entitled to pledge or encumber in any other way the items falling under the retention of title.
10.4 The customer now gives unconditional and irrevocable permission to Make-up Studio Amsterdam or a third party to be appointed by Make-up Studio Amsterdam, in all cases in which Make-up Studio Amsterdam wishes to exercise its ownership rights, to enter all those places where her property will then be located and to take those things with her.
10.5 If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the customer is obliged to inform Make-up Studio of this as soon as can reasonably be expected.
10.6 The customer undertakes to insure the goods delivered under 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 for inspection to Make-up Studio Amsterdam upon first request.
Article 11. Privacy
11.1 Make-up Studio Amsterdam respects the privacy of online visitors to its website and is the sole owner of the information obtained via this website, unless otherwise stated. This information is not sold, shared or rented by Make-up Studio Amsterdam to third parties in any way other than as stated in the privacy statement.11.2 Information from which the identity of an online visitor to the Make-up Studio Amsterdam website can be derived is provided voluntarily by the visitor. This information can be used within Make-up Studio Amsterdam (and all its subsidiaries and brands) with the aim of making visits to our websites as simple and enjoyable as possible. In addition, this information may be used for analysis and providing information about the product portfolio of Make-up Studio Amsterdam. The customer gives express permission for this. Make-up Studio Amsterdam is entitled to disclose information about a visitor in special cases, when there is reason to assume that disclosing that information is necessary to identify, come into contact with or initiate legal proceedings against someone who, whether intentionally or unintentionally, harms or damages the rights or property of Make-up Studio Amsterdam, other users of its website or others who may suffer damage from it. Make-up Studio Amsterdam is entitled to release information about users when we believe in good faith that the law requires this.
11.3 Make-up Studio Amsterdam collects non-personal information about our online visitors in order to determine the total number of visitors to the website, as well as the type of Internet browser and operating system used. Personal data can be deleted at the request of the online visitor as long as this does not require disproportionate effort or costs for Make-up Studio Amsterdam.
Article 12. Intellectual property rights
12.1 Unless expressly agreed otherwise in writing, the full copyright and all other intellectual and industrial property rights with regard to the goods or services supplied by Make-up Studio Amsterdam, such as trademark rights, design rights, patent rights, sui generis database rights, etc., belong to exclusively at Make-up Studio Amsterdam and/or its suppliers.12.2 The content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Make-up Studio Amsterdam or its content suppliers and protected by international copyright laws.
