Terms and conditions of the private company with limited liability Ministry of Beauty B.V., established in Apeldoorn at Europaweg 220.
Any natural and/or legal person who uses any product or service, in the broadest sense of the word, of Ministry of Beauty B.V. is hereinafter referred to as the customer.
These conditions apply to everything between Ministry of Beauty B.V. agreements concluded with the customer, insofar as these are part of the normal business operations of Ministry of Beauty B.V. can be calculated.
All quotations and/or offers are valid for 2 weeks after the date of the quotation, but are made without any obligation. Between Ministry of Beauty B.V. and the customer concludes an agreement as soon as Ministry of Beauty B.V. has accepted the order from the customer, or has started the execution thereof.
Unless otherwise agreed, delivery will be made to the customer’s address. The Buyer is obliged to take delivery of the purchased goods at the time they are delivered to him. If the customer refuses the purchase or is negligent in providing information or instructions necessary for the delivery, the goods will be stored at the risk of the customer. In that case, the customer will owe all additional costs, including in any case storage costs and transport costs. Ministry of Beauty B.V. only supplies to customers who operate a hairdressing salon, beauty salon or wholesaler/distribution in beauty products registered with the Chamber of Commerce. Resale by buyers to third parties, with the exception of the sale of items expressly intended and designated for that purpose in hairdressing salons and beauty salons to consumers, is expressly not permitted. It is also prohibited to resell and/or sell the products via online marketplaces such as Amazon, Bol.com and Ebay. This is to guarantee the exclusivity of the products. Violation of these prohibitions gives Ministry of Beauty B.V. the right unilaterally to immediately dissolve the agreement between Ministry of Beauty B.V. and customer to transfer. Furthermore, violation of the relevant prohibition leads to forfeiture by the customer to Ministry of Beauty B.V. of an immediately due and payable fine, equal to the amount for which the customer has paid for goods and/or services of Ministry of Beauty B.V. during one year prior to the violation of the prohibition. has decreased.
Ministry of Beauty B.V. expressly reserves all rights with regard to industrial and intellectual property of the goods and/or services to be delivered and/or delivered by it. The packaging materials of Ministry of Beauty B.V. also including bottles, flasks, dispensing and dosing devices, tubes and jars, are from Ministry of Beauty B.V. trademark provided. As a result, the packaging materials concerned may only contain Ministry of Beauty B.V. products.
Ministry of Beauty B.V. sells and delivers to the customer in principle against prompt cash payment, cash on delivery or after issuing a direct debit order. Only in the by Ministry of Beauty B.V. cases to be indicated, it sells and supplies to customers by means of invoicing. 1. Payment must be made upon invoicing within 14 days of the invoice date, – or by means of legal tender at the offices of Ministry of Beauty B.V.; – or by transferring the amount due to (IBAN) attn. Ministry of Beauty B.V. in Apeldoorn. After the expiry of 14 days after the invoice date, the customer is in default: from the moment of default, the customer owes a compound interest of 1% per month on the amount due. 2. In the event of liquidation, bankruptcy or suspension of payment of the customer or when application of the debt rescheduling scheme with regard to the customer is pronounced, the obligations of the customer will be immediately due and payable. Payments made by the customer always serve in the first place to settle all interest and costs owed, in the second place to the payable invoice that has been outstanding the longest, even if the customer states that the payment relates to a later invoice. Payment must be made without discount, suspension or settlement.
Changes in price-determining factors do not affect the agreed price. If these changes occur within 4 weeks after the conclusion of the agreement between Ministry of Beauty B.V. and the customer. If such a change occurs after one month after the conclusion of the agreement, this may proportionally lead to a changed price to be paid by the customer. If there is a price increase that amounts to more than 10%, the customer has the right to dissolve the agreement by means of a written statement. The dissolution must take place immediately after the customer has become aware of the price increase.
If the customer fails to fulfill one or more of its obligations (in default), all reasonable costs incurred in obtaining sufficient extrajudicial costs will be borne by the customer. In any case, the customer owes:
on the first € 3,000 15%
on the excess up to € 6,000 10%
on the excess up to € 15,000 8%
on the excess up to € 50,000 5%
over the multiple 3%
If Ministry of Beauty B.V. proves to have incurred higher costs, which were reasonably necessary, these are also eligible for reimbursement.
The Ministry of Beauty B.V. delivered goods remain the property of Ministry of Beauty B.V. until the customer has fulfilled all the following obligations from all with Ministry of Beauty B.V. concluded purchase agreements has been fulfilled; the consideration(s) with regard to the delivered or to be delivered item(s) itself. – any claims due to non-compliance by the buyer with these agreement(s). The customer is obliged to ensure careful handling of the goods. He is prohibited from handing over the goods to third parties by virtue of commercial and/or personal law. If the customer is in default, Ministry of Beauty B.V. without further notice of default entitled to take back the goods. In that case, the customer undertakes to provide Ministry of Beauty B.V. to provide access to the location where the delivered goods are located. Ministry of Beauty B.V. expressly reserves the right to claim compensation for all costs, damages and interests in the event that such a situation arises. This retention of title does not mean that, except in the event of default, the intended and normal use of the goods will be affected.
An agreed delivery time is not a strict deadline. In the event of late delivery, the customer must provide Ministry of Beauty B.V. default in writing.
1. Shortcomings of Ministry of Beauty B.V. in the performance of the agreement cannot be attributed to it if they are not due to its fault, nor are it for its account under the law, the agreement or generally accepted.
2. Ministry of Beauty B.V. is entitled to invoke force majeure in the following cases: – the circumstance that Ministry of Beauty B.V. a performance that is important in connection with the performance to be delivered by it itself is not delivered, not delivered on time or not properly; – strikes; – traffic disruptions; – operational disruptions; – government measures that Ministry of Beauty B.V. prevent it from fulfilling its obligations on time or properly;
– a general lack of necessary raw materials and other items or services required to realize the agreed performance;
– excessive absenteeism due to illness;
– events not to be counted as normal trading risks.
3. If the performance is due to force majeure on the part of Ministry of Beauty B.V. is delayed for more than one month, each of the parties is authorized to suspend the agreement, to the exclusion of further rights, without Ministry of Beauty B.V. will be obliged to pay any compensation for damage suffered by the customer or third parties.
4. Ministry of Beauty B.V. also has the right to invoke force majeure if the circumstances that prevent (further) fulfillment occur after Ministry of Beauty B.V. should have fulfilled its obligations.
5. If Ministry of Beauty B.V. has already partially fulfilled its obligations at the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to separately invoice the part already delivered or the part that can be delivered and the customer is obliged to pay this invoice as if it concerned a separate agreement. . However, this does not apply if the already delivered or deliverable part has no independent value.
Complaints, including all grievances due to the quality of delivered materials and/or end products as well as the performance of services rendered, can be submitted by the customer to Ministry of Beauty B.V. only be enforced by written submission within 14 days of receipt of the delivered or service provided.
The customer is obliged to actually purchase the ordered goods. In the event of unilateral cancellation of the agreement by the customer, at the time of the cancellation, the customer will owe compensation of 30% of what the customer should have paid in the full implementation of the agreement, unless Ministy of Beauty B.V. can prove that the damage is greater, or the customer can prove that the damage is less.
Without prejudice to the other provisions in these terms and conditions, Ministry of Beauty B.V. in the event of non-payment or late payment of the customer, it is entitled to suspend its other contractual obligations towards the customer until the time of payment or to dissolve the agreement with the customer with immediate effect, such at the discretion of Ministry of Beauty B.V.
Ministry of Beauty B.V. is only liable towards the customer in the following way: 1. Ministry of Beauty B.V. is liable for damage as a result of a defect in the delivered goods only liable insofar as it is insured against this, or should reasonably have been insured in view of the practices applicable in the industry, to be proven by the customer, up to a maximum of the amount of the insurance payment.
2. Incidentally, the liability of Ministry of Beauty B.V. limited to the damage suffered by the customer that is the direct and exclusive result of the fault of Ministry of Beauty B.V. This damage is only eligible for compensation if Ministry of Beauty B.V. is insured against this, or should reasonably have been insured in view of the applicable use in the industry, to be proven by the customer, up to a maximum of the amount of the insurance payment, if and insofar as a judicial authority appeals to Ministry of Beauty B.V. does not honor the provisions under 1 and 2, Ministry of Beauty B.V. is not liable for an amount higher than 2 times the invoice amount stated in the invoice relating to the delivery under the disputed agreement. The limitations of liability in this article do not apply if damage is caused by intent or gross negligence on the part of Ministry of Beauty B.V. or its managerial subordinates. The customer indemnifies Ministry of Beauty B.V. against claims from third parties, to the extent permitted by law and the associated costs. The parties also charge the costs of legal assistance to this.
Despite the fact that Ministry of Beauty B.V. always strives for an optimal relationship with the customer, Ministry of Beauty B.V. and the customer raise a dispute. Contrary to the statutory rules for the jurisdiction of the civil court, any dispute between Ministry of Beauty B.V. and customer, if the court has jurisdiction, will be settled by the court of Gelderland, location Zutphen. Ministry of Beauty B.V. however, remains authorized to summon the customer before the competent court according to the law or the applicable international treaty. Any agreement between Ministry of Beauty B.V. and the buyer is subject to Dutch law with the exclusion of the Vienna Sales Convention/Convention of the International Sale of Goods 1980 (CISG).
These terms and conditions have been filed with the registry of the Zutphen District Court.