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Delivery terms

TERMS OF DELIVERY 


 

Definitions

  1. : Aesthetic Import BV, established in Amsterdam under Chamber of Commerce no. 81209797.
  2. Customer: the person with whom  has entered into an agreement.
  3. Parties:  and customer together.
  4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of delivery conditions

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

Payments and payment terms

  1. may require a down payment of up to 50% of the agreed amount upon entering into the agreement. 
  2. The customer must make payments afterwards within 7 days after delivery of the product.
  3. Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default and in default, without the customer having to send a reminder or be in default. set. 
  4. reserves the right to make a delivery conditional on immediate payment or to demand security for the total amount of the services or products.

Consequences of not paying on time

  1. If the customer does not pay within the agreed term,  entitled the statutory interest of 2% per month for non-commercial transactions and  the statutory interest of 8% per month for commercial transactions in to be charged from the day the customer is in default, whereby part of a month is counted as a whole month.
  2. When the customer is in default, he is also due to pay extrajudicial collection costs and any compensation to . 
  3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs. 
  4. If the customer does not pay on time,  may suspend its obligations until the customer has fulfilled its payment obligation. 
  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of  against the customer are immediately due and payable. 
  6. If the customer refuses to cooperate in the execution of the agreement by , he is still obliged to pay the full agreed price to  . 

Right of advertising 

  1. As soon as the customer is in default,  is  entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
  2. invokes the right of recovery by means of a written or electronic communication.
  3. 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 , unless the parties agree otherwise. 
  4. The costs for returning or returning the products are the responsibility of the customer.

Right of withdrawal 

  1. A consumer can dissolve an online purchase without giving any reason during a cooling-off period of 14 days, provided that:
  • the product has not been used
  • the seal is still intact
  • the consumer has not waived his right of withdrawal
  1. The cooling-off period of 14 days as referred to in paragraph 1 commences:
    • on the day after the consumer has received the last product or part of 1 order
    • as soon as the consumer has purchased a service for the first time
    • as soon as the consumer has confirmed that he will purchase digital content via the internet
  2. The consumer can make his appeal to the right of withdrawal known via info@aestheticimport.nl, if desired using the withdrawal form that can be downloaded from  's website, www.aestheticimport.nl.
  3. The consumer is obliged to return the product to  within 14 days after notification of his right of withdrawal, failing which his right of withdrawal will lapse.

Reimbursement of delivery costs 

  1. If the consumer has made use of his right of withdrawal in time and as a result has returned the complete order to  , then any shipping costs paid by the consumer will be refunded within 14 days after receipt of the completely returned order to  refund the consumer.  
  2. The costs for delivery are only borne by  if the entire order is returned.

Reimbursement of return costs 

 

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the consumer, unless the consumer has an active membership or account with   . 

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 

  1. 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  , unless the customer has provided sufficient security for those costs.  ;
  2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to .
  3. 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 offset a debt to   against a claim on .

 

Reservation of title 

  1. remains owner of all delivered products until the customer has fully fulfilled all his payment obligations towards , including claims for failure to comply with the agreement.
  2. Until then,  can at all times invoke its retention of title and take back the goods. 
  3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products. 
  4. If  invokes its retention of title, the agreement is considered dissolved and  has the right to claim compensation, lost profit and interest.

Delivery

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

Delivery time 

  1. The delivery times stated by  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.
  2. The delivery time commences when the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from .
  3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless  cannot deliver within 14 days after being warned to do so in writing or the parties have agreed otherwise.< /li>

Actual delivery

 

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

 

 

Delivery on demand
 

If the customer has agreed with  delivery on call, and the customer has not taken delivery of the goods within the agreed term without being entitled to do so, or, in the absence of an agreed term, not within 3 (three)  months after the notification of completion,  may  cancellation or dissolution of the agreement concluded with the customer, without  being or being able to be obliged to pay any compensation and without prejudice to  the right of  to claim all resulting recover damage suffered or to be suffered from the customer, d is obliged to compensate  for this damage.

 

 Delivery and transition of risk 
 

The risk of loss, damage or depreciation of a purchased item passes to the customer at the moment the item is brought into the customer's control.

 

Transport costs 

 

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

 

Packaging and Shipping

  1. 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  not liable can be held for any damages.
  2. 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 , failing which  cannot be held liable for any damage.

Insurance

  1. The customer undertakes to insure the following items sufficiently and to keep them insured against, among other things, fire, explosion and water damage as well as theft:
    • delivered goods that are necessary for the implementation of the underlying agreement
    • things of  that are present at the customer
    • goods delivered under retention of title
  2. The customer will provide the policy of these insurances for inspection at the first request of  

Preservation 

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

Warranty

  1. When the parties have entered into an agreement of a service nature, this  only contains a  effort obligation and therefore no result obligation. 
  2. The warranty with regard to products only applies to defects caused by faulty manufacturing, construction or material. 
  3. 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>
  4. 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 takes delivery of the product on behalf of the customer. 

Performance of the Agreement 

  1. performs the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. 
  2. has the right to have the agreed services (partially) performed by third parties.
  3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer. 
  4. It is the responsibility of the customer that  can start the implementation of the agreement in a timely manner.
  5. If the customer has not ensured that  can start the implementation of the agreement in time, the resulting extra costs and/or extra hours will be borne by the customer.

Provision of information by the customer 

  1. The customer shall make available to  all information, data and documents relevant to the correct execution of the agreement in a timely manner and in the desired form and manner.
  2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, insofar as the nature of the agreement does not dictate otherwise. 
  3. If and insofar as the customer so requests,  will return the relevant documents. 
  4. If the customer does not, or does not timely or does not properly provide the information, data or documents reasonably required by  and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the customer.

Performance of a service

  1. will make every effort to provide the service to the best of its ability and guarantees to fulfill the established agreements in time and in full, all this in accordance with the law and social custom and with due observance of the care of a good service provider on the basis of of Article 7:401 of the Dutch Civil Code.
  2. If  at any time foresees that its obligations cannot be fulfilled, cannot be fulfilled on time or cannot be fulfilled properly,  must inform the customer immediately.

Secrecy 

  1. The customer will keep any information (in whatever form) it receives from  confidential.
  2. The same applies to all other information regarding  of which the customer knows or can reasonably suspect that it is secret or confidential, or of which he can expect that its dissemination could cause  damage.
  3. The customer takes all necessary measures to ensure that he also keeps the information referred to in paragraphs 1 and 2 confidential. 
  4. The confidentiality obligation described in this article does not apply to information:
    • that was already public before the customer learned of this information or that later became public without this being the result of a breach of the customer's duty of confidentiality
    • which is made public by the customer on the basis of a legal obligation 
  5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.

Penalty clause

  1. If the other party violates the article of these terms of delivery on confidentiality or on intellectual property, he will forfeit an immediately payable fine for each violation on behalf of the trade name.
  • if the other party is a consumer, this fine is € 1,000
  • if the other party is a legal entity, this fine is € 5,000
  1. In addition, the other party will forfeit an amount of 5% of the amount referred to in paragraph 1 for each day that the violation continues.
  2. No prior notice of default or legal proceedings are required for the forfeiture of this fine. Also, there does not have to be any form of damage. 
  3. Forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of  including its right to claim compensation in addition to the fine.

Indemnification

 

The customer indemnifies  against all third-party claims related to the products and/or services supplied by  . 

 

Complaints

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

Notice of default

  1. The customer must provide notice of default in writing to .
  2. It is the responsibility of the customer that a notice of default   actually reaches (in time). 

Joint and several liability customer

 

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

 

Liability 

  1. is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
  2. If  is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
  3. is never liable for indirect damage, such as gev subsequent damage, lost profit, lost savings or damage to third parties.
  4. If  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 (part of) the) invoice amount to which the liability relates.
  5. 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  will in any case expire 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

  1. The customer has the right to dissolve the agreement if  imputably fails to fulfill his obligations, unless this shortcoming does not justify termination due to its special nature or minor significance. 
  2. If the fulfillment of the obligations by  is not permanently or temporarily impossible, dissolution can only take place after  is in default. 
  3. has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if  has become aware of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill his obligations. 

Force majeure

  1. In addition to the provisions of article 6:75 of the Dutch Civil Code , a failure of  in the fulfillment of any obligation towards the customer cannot be attributed to  in any of the will of   ;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 required from  . 
  2. 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. 
  3. If a force majeure situation arises as a result of which   cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until  can meet them again. 
  4. 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. 
  5. 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 delivery conditions

  1. is entitled to change or supplement these terms of delivery. 
  2. Changes of minor importance can be made at any time. 
  3. Major substantive changes will  discuss with the customer in advance as much as possible.
  4. A consumer is entitled to terminate the agreement in the event of a substantial change to the terms of delivery. 

Transition of rights

  1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of . 
  2. This provision applies as a clause with property law effect as referred to in Article 3:83, paragraph 2 of the Dutch Civil Code.

Consequences of nullity or voidability

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

Applicable law and competent court

  1. These terms and conditions of delivery and every agreement between the parties are exclusively governed by Dutch law. 
  2. The Dutch court in the district where  is established, is exclusively competent to take cognizance of any disputes between the parties, unless the law prescribes otherwise.

Applicability of delivery conditions

  1. These delivery conditions are applicable since 07 November 2021.

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