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, general or specific terms or conditions 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 any conflicting clauses, the Agreement shall prevail.
1.5 If any part of the Terms is void or is annulled, the remaining provisions of the Terms will remain in full force and effect and the parties will be bound to make every effort to agree on a replacement provision that is valid and approximates 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 in writing within 14 days, Make-up Studio and the customer will be bound by it.
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 a part thereof, contained an obvious mistake or error.
2.6 Additions, changes and/or further agreements are only valid if agreed in writing.

Article 3. Prices/Price increase

3.1 All prices are, unless otherwise stated, expressed in Euros, including sales tax (VAT). These prices apply to shipments within the Netherlands. For shipments abroad, any import duties and local taxes are for the account of 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 above €50, including VAT, no shipping and administration costs will be charged.
3.4 Different shipping costs apply to the Pro-card holder. For this, a contribution of €5.95 will be charged for shipping and administration costs for orders under €100, including VAT. No shipping costs will be charged for orders over €100.

Article 4. Delivery

4.1 If items are available from stock, they will be offered for shipment to the carrier within 1 working day after ordering. carrier (this period may be longer around holidays). A longer period may apply for make-up school packages. Make-up Studio Amsterdam may charge shipping costs for sending ordered items. Delivery of ordered items will take place at the postal address known to Make-up Studio Amsterdam (not a PO Box), not being of a temporary nature, and delivered to the natural person who is at the delivery address.
4.2 If the purchaser 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 purchaser's expense and risk.
4.3 The delivery obligation of Make-up Studio Amsterdam will, subject to proof to the contrary, be fulfilled as soon as the items delivered by Make-up Studio Amsterdam have been offered to the buyer once (regardless of whether the buyer is present). In the event of home delivery, the report of the carrier, containing the refusal of acceptance, serves as full proof of the offer to deliver, subject to proof to the contrary.
4.4 In the event of refusal of the offered goods, return freight and storage costs, as well as the risk of damage or loss of the refused goods, shall be borne entirely by the purchaser, unless the purchaser invokes the right to cancel the purchase or replace the goods on good grounds.

Article 5. Delivery time

5.1 A delivery time specified by Make-up Studio Amsterdam is never to be regarded as a fatal term. The delivery time only commences after all necessary data is in the possession of Make-up Studio Amsterdam, 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 selling, Make-up Studio Amsterdam (contractor) will execute orders with due speed, 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 be executed or can only be executed in part, the consumer (client) will receive a message within 30 days after placing 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 based on the law, Make-up Studio Amsterdam is entitled to suspend or terminate the agreement in whole or in part by means of a written statement to that effect to the customer, with the right to compensation from the customer. If, after the conclusion of 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 meet his obligations or if Make-up Studio Amsterdam has requested security for compliance upon conclusion of the agreement and this security is not provided or is insufficient (despite a formal notice) as well as in the event of bankruptcy of the customer, a petition for bankruptcy by the customer, suspension of payments, liquidation or a decision thereto, full or partial transfer of the customer's company or seizure of any part of his assets.
6.2 If circumstances arise with regard to persons and/or materials that Make-up Studio Amsterdam uses or is accustomed to using in the performance of the agreement, which are of such a nature that the performance of the agreement becomes impossible or so difficult and/or 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 purchaser has the right to dissolve 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 BW, unless expressly agreed otherwise. This period starts at the moment that the ordered goods are delivered. If the purchaser has not returned the delivered goods to Make-up Studio Amsterdam within 14 days after dissolution, the purchase is a fact. The purchaser is obliged, before proceeding to return, to report this to Make-up Studio Amsterdam within the period of 14 days after delivery. The purchaser must prove that the delivered goods were returned on time (no later than 14 days after dissolution), for example by means of proof of postal delivery. The return of the delivered goods is entirely at the expense and risk of the purchaser. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. If the items have been used, encumbered or damaged in any way by the buyer, the right to dissolution within the meaning of this section shall lapse. With due observance of the provisions of the previous sentence, Make-up Studio Amsterdam will confirm the dissolution of the purchase immediately after receipt and inspection of the returned items and will ensure that the full purchase price is refunded to the buyer free of charge within 14 days after return shipment.

Article 7. Force Majeure

7.1 Force majeure is understood to mean, 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 strikes 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 An appeal to force majeure can also be made 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 compliance with 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 any obligation to pay damages in that case.
7.4 If Make-up Studio Amsterdam has already partially fulfilled its obligations upon the occurrence of force majeure, or can only partially fulfil its obligations, it is entitled to invoice the part already delivered or the part that can be delivered separately and the customer is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the part already delivered or the part that can be delivered has no independent value.

Article 8. Warranty

8.1 Make-up Studio Amsterdam does not offer a more extensive warranty on delivered items than the warranty (conditions) of the manufacturer of these items, without however affecting the rights of the purchaser arising from mandatory statutory provisions.
8.2 The purchaser is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is incorrect, defective or incomplete, the purchaser must (before returning it to Make-up Studio Amsterdam) immediately report these defects in writing to Make-up Studio Amsterdam. Any defects or incorrectly delivered goods must and can be reported in writing to Make-up Studio Amsterdam within 14 days of delivery. Any defects that become apparent during use can be reported in writing up to a maximum of 60 days. Return of the goods must take place in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after discovery of a defect, damage occurring after discovery of a defect, encumbrance and/or resale after discovery of a defect, completely forfeits this right to complain and return.
8.3 If complaints from the purchaser are found to be justified by Make-up Studio Amsterdam, Make-up Studio Amsterdam will, at its discretion, either replace the delivered items free of charge or make a written arrangement with the purchaser regarding compensation, provided 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 items in question, or (at the discretion of Make-up Studio Amsterdam) to the maximum amount covered by Make-up Studio Amsterdam's liability insurance in the relevant case. 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 buyer is in default towards Make-up Studio Amsterdam; B) the buyer has repaired and/or processed the delivered goods themselves or has had them repaired and/or processed by third parties. C) the delivered goods that are treated carelessly or in conflict with the instructions of Make-up Studio Amsterdam and/or the instructions for use on the packaging; D) the defectiveness 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 conscious recklessness of non-managerial staff.
8.6 The purchaser can write to Make-up Studio Amsterdam, Samsonweg 22, 1521 RC Wormerveer or email to: info@specialcosmetics.nl for questions and/or complaints. Complaints are usually handled within 30 days. If this is not possible for any reason, the purchaser will be informed of the duration of the delay.

Article 9. Payment

9.1 Payment must be made by direct internet payment. Payment in installments is not possible.
9.2 In the event of bankruptcy or suspension of payment of the purchaser or an application thereto, the claims of Make-up Studio Amsterdam and the obligations of the purchaser 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 amount owed in extrajudicial collection costs, 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 will also be eligible for reimbursement.
9.5 Payment by Credit Card. You place an order. When paying for your order, you can choose between VISA and Mastercard. As soon as your payment is verified, we will be informed that the order has been paid. The purchase amount will be debited and charged immediately.

Article 10. Retention of title

10.1 The ownership of all items sold and delivered by Make-up Studio Amsterdam to the purchaser remains with Make-up Studio Amsterdam as long as the purchaser has not paid the claims of Make-up Studio Amsterdam under the agreement or previous or subsequent similar agreements, as long as the purchaser has not yet paid for the work performed or yet to be performed under this or similar agreements and as long as the purchaser has not yet paid the claims of Make-up Studio Amsterdam due to failure to fulfil such obligations, including claims for fines, interest and costs.
10.2 The items delivered by Make-up Studio Amsterdam that fall under the 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 purchaser is not authorised to pledge or otherwise encumber the items subject to the retention of title.
10.4 The purchaser hereby grants unconditional and irrevocable permission to Make-up Studio Amsterdam or a third party appointed by Make-up Studio Amsterdam to enter all places where its property is located and to take such items with it in all cases in which Make-up Studio Amsterdam wishes to exercise its property rights.
10.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the purchaser is obliged to inform Make-up Studio thereof as soon as may reasonably be expected.
10.6 The purchaser undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection by 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 through 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 easy and enjoyable as possible. In addition, this information may be used for analysis and to provide information about the product portfolio of Make-up Studio Amsterdam. The customer gives explicit permission for this. Make-up Studio Amsterdam is entitled to disclose information about a visitor in special cases, when there is reason to believe that the disclosure of that information is necessary to identify, contact or initiate legal proceedings against someone who, 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 as a result. 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, insofar as this does not require any disproportionate effort or costs for Make-up Studio Amsterdam.

Article 12. Intellectual property rights

12.1 Unless expressly agreed otherwise in writing, all copyrights and other intellectual and industrial property rights relating to the goods or services supplied by Make-up Studio Amsterdam, such as trademark rights, model rights, patent rights, sui generis database rights, etc., remain the exclusive property of 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.

Article 13. Applicable law

All offers and agreements of Make-up Studio Amsterdam are exclusively subject to Dutch law. The applicability of the Vienna Sales Convention is expressly excluded.