General terms

Definitions

Aesthetic Import BV: Aesthetic import BV, established in Amsterdam under
Chamber of Commerce no. 81209797
VAT identification number: NL8619922B01
EORI-nummer: NL8619922
Customer: the person with whom Aesthetic Import BV has entered into an agreement.
Parties: Aesthetic Import BV and customer together.
Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Aesthetic Import BV.
Parties can only deviate from these terms and conditions if they have expressly agreed to do so in writing.
Parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.

Prices

All prices charged by Aesthetic Import BV are in euros, are exclusive VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
All prices that Aesthetic Import BV uses for its products or services, on its website or otherwise made known, can Aesthetic Import BV change at any time.
Increases in the cost prices of products or parts thereof, which Aesthetic Import BV could not foresee at the time the offer was made or the agreement was concluded, may lead to price increases.
The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

Samples and models

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered with the sample or model match.

Consequences of not paying on time

If the customer does not pay within the agreed term, Aesthetic Import BV is entitled to charge the statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted as a whole month.
When the customer is in default, he is also due to pay extrajudicial collection costs and any compensation to Aesthetic Import BV.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, Aesthetic Import BV may suspend its obligations until the customer has fulfilled its payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Aesthetic Import BV on the customer are immediately due and payable.
If the customer refuses to cooperate with the execution of the agreement by Aesthetic Import BV, he is still obliged to pay the agreed price to Aesthetic Import BV .

Right of advertising

As soon as the customer is in default, Aesthetic Import BV is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
Aesthetic Import BV invokes the right of recovery by means of a written or electronic communication.
As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right relates to Aesthetic Import BV, unless the parties make other agreements about this.
The costs for returning or returning the products are the responsibility of the customer.

Reimbursement of delivery costs

If the consumer has made timely use of his right of withdrawal and as a result has returned the entire order to Aesthetic Import BV in time, then Aesthetic Import BV will possible shipping costs paid by the consumer within 14 days after receipt of refund the timely and complete returned order to the consumer.
The costs for delivery are only for the account of Aesthetic Import BV insofar the full your order will be returned.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

Aesthetic Import BV can invoke its right of retention and in that case keep products of the customer until the customer has paid all outstanding invoices with regard to Aesthetic Import BV , unless the customer has paid for those costs. has provided sufficient security.
The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Aesthetic Import BV.
Aesthetic Import BV is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt to Aesthetic Import BV with a claim on Aesthetic Import BV.

Reservation of title

Aesthetic Import BV remains owner of all delivered products until the customer has fully fulfilled all his payment obligations towards Aesthetic Import BV on the basis of whatever agreement concluded with Aesthetic Import BV , including claims for failure to perform.
Until then, Aesthetic Import BV can invoke its retention of title and take back the goods.
Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
If Aesthetic Import BV invokes its retention of title, the agreement is considered dissolved and Aesthetic Import BV has the right to claim compensation, lost profit and interest.

Delivery

Delivery takes place while stocks last.
Delivery takes place at Aesthetic Import BV, unless the parties have agreed otherwise.
Delivery of products ordered online will take place at the address indicated by the customer.
If the agreed amounts are not paid or not paid on time, Aesthetic Import BV has the right to suspend its obligations until the agreed part has been paid.
In case of late payment, there is creditor default, with the result that the customer cannot invoke a late delivery to Aesthetic Import BV .

Delivery time

The delivery times stated by Aesthetic Import BV are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
The delivery time commences when the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) of this from Aesthetic Import BV.
Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Aesthetic Import BV is unable to deliver within 14 days after being notified in writing or the parties have agreed otherwise. .

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Transport costs

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Packaging and Shipping

If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Aesthetic Import BV can be held liable for any damage.
If the customer arranges for the transport of a product himself, he must report any visible damage to products or the packaging prior to transport to Aesthetic Import BV, failing which Aesthetic Import BV cannot be held liable for any damage.

Preservation

If the customer does not purchase ordered products until later than the agreed delivery date, the risk of a any loss of quality entirely for the customer.
Any additional costs as a result of premature or late purchase of products are entirely for the account of the customer.

Warranty

The warranty with regard to products only applies to defects caused by faulty manufacturing, construction or material.
The guarantee does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.< /li>
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties passes to the customer at the moment when they are legally and/or actually delivered, or at least come under the customer's control or from a third party who receives the product on behalf of the customer.

Indemnification

The customer indemnifies Aesthetic Import BV against all claims from third parties related to the products and/or services supplied by Aesthetic Import BV

Complaints

The customer must examine a product or service provided by Aesthetic Import BV as soon as possible for any shortcomings.
If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Aesthetic Import BV of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. to notify.
Consumers must inform Aesthetic Import BV within 2 months of the discovery of the shortcomings.
The customer provides a detailed description of the shortcoming, so that Aesthetic Import BV is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to Aesthetic Import BV being forced to perform other work than has been agreed.

Notice of default

The customer must notify Aesthetic Import BV of any notice of default in writing.
It is the responsibility of the customer that a notice of default actually reaches Aesthetic Import BV (in time).

Joint and several liability customer

If Aesthetic Import BV enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts due to Aesthetic Import BV under that agreement.

Liability Aesthetic Import BV

Aesthetic Import BV is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
If Aesthetic Import BV is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
Aesthetic Import BV is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
If Aesthetic Import BV is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the amount of the damage, the liability is limited to the ( part of the) invoice amount to which the liability relates.
All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Any right of the customer to compensation from Aesthetic Import BV will in any case lapse 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.

Right to terminate

The customer has the right to dissolve the agreement when Aesthetic Import BV&n bsp;attributably fails to fulfill its obligations, unless this shortcoming does not justify dissolution due to its special nature or minor significance.
If the fulfillment of the obligations by Aesthetic Import BV is not permanently or temporarily impossible, dissolution can only take place after Aesthetic Import BV is in default.
Aesthetic Import BV has the right to terminate the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if Aesthetic Import BV has become aware of circumstances that give grounds to fear that the customer will not be able to properly fulfill his obligations.

Force majeure

In addition to the provisions of article 6:75 of the Dutch Civil Code, a shortcoming of Aesthetic Import BV in the fulfillment of any obligation towards the customer cannot be attributed to Aesthetic Import BV in any of the wishes of Aesthetic Import BV an independent situation, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from Aesthetic Import BV .
The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
If a force majeure situation arises as a result of which Aesthetic Import BV cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until Aesthetic Import BV can meet them again.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
Aesthetic Import BV does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.

Amendment of the Agreement

If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.

Change to general terms and conditions

Aesthetic Import BV is entitled to change or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major substantive changes will Aesthetic Import BV discuss with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transition of rights

Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Aesthetic Import BV.
This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code.

Consequences of nullity or voidability

If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Aesthetic Import BV had in mind when drawing up the conditions on that point.

Applicable law and competent court

Every agreement between the parties is exclusively governed by Dutch law.
The Dutch court in the district where Aesthetic Import BV is established / has a practice / has its office has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.

Drafted on 07 November 2020.

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