Terms And Conditions

Terms and CONDITIONS Curlygirlfriendly.nl

 

Definitions

  1. Curlygirlfriendly, Amsterdam, the Netherlands, under the Dutch Chamber of commerce no. 74715119.
  2. Customer: the person with whom the Curlygirlfriendly.nl an agreement has been entered into.
  3. Party: Curlygirlfriendly.nl and customers together.
  4. "Consumer" means any customer who is also a human being is, and that, as a private person.

 

 Applicability of the general terms and conditions

  1. These terms and conditions of use apply to all offers, quotations, work orders, sales and deliveries of services and / or products by or on behalf of the Curlygirlfriendly.nl.
  2. The parties may only deviate from these terms and conditions, if they are expressly agreed upon in writing.
  3. The parties exclude the application of the additional and/or different terms and conditions of the customer or of any third party, expressly from it.

 

Prices

  1. More Curlygirlfriendly.nl handles are in euros and are inclusive of vat and exclusive of all other costs such as administrative charges, taxes, travel, transport, or shipping costs, unless specifically stated otherwise, or as otherwise agreed in writing.
  2. All of the prices at which Curlygirlfriendly.nl uses for the products or services on the website, or otherwise have been made known, it can Curlygirlfriendly.nl all the time.
  3. Increases in the cost of production of the product or any parts thereof, which are Curlygirlfriendly.nl could not be foreseen at the time of the making of the offer, c.q the time of conclusion of the contract, and may lead to higher prices.
  4. The consumer has a right to make an agreement, as a result of a price increase as referred to in paragraph 3, unless the increase is a result of a legal settlement.

 

Samples/models 

 

If the customer's sample or design of a product, then it has no other rights than that, it is an indication of the nature of the product, unless the parties have expressly agreed that the goods to be supplied to the sample or model line.

 

Consequences of late payment

  1. The customer shall pay within the agreed-upon period of time, it is Curlygirlfriendly.nl be entitled to interest at the rate of 1% per month is charged from the day the customer is in default of which are a part of a month, for a whole month.
  2. If the customer is in default of this, he is also extra-judicial collection costs, and any damages payable to the Curlygirlfriendly.nl.
  3. The costs are to be calculated on the basis of the Decree on compensation for the extra-judicial collection costs.
  4. If the customer does not pay on time, it may Curlygirlfriendly.nl of its obligations to suspend, until the customer for its payment have been fully met.
  5. In the event of a winding-up, bankruptcy, seizure or suspension of payment on the part of the customer, of the progress of the Curlygirlfriendly.nl the customer shall become immediately due.
  6. Refused to accept the client's cooperation in the implementation of the agreement by the Curlygirlfriendly.nl he is still required to meet the agreed price Curlygirlfriendly.nl to pay for it.

 

Right to complain

  1. As soon as the customer is in default, it is Curlygirlfriendly.nl to be entitled to the right of publicity, to call out with respect to the unpaid item, the customer delivered the products.
  2. en calls for the right of recovery by way of a written or electronic notice.
  3. As soon as the customer has been notified of the claimed right to a complaint, the customer must return the products to which this law applies, immediately return it to the Curlygirlfriendly.nl unless the parties agree on a different arrangement.
  4. The cost for the restoration, or the product will be borne by the customer.

 

Right of withdrawal

  1. A consumer is making a purchase online for a period of 14 days without giving a reason to cancel on the following conditions:
  • the product has not been used for a
  • it is not a product that can quickly spoil, such as food, flowers,
  • it is not a product, it is specially for the consumer, it is tailor-made or customized
  • it is not a product that can be returned, for hygiene reasons, underwear, swimsuits, etc., etc.)
  • the seal was still intact, but if it's going to the media with digital content on the dvd's, cd's, etc.).
  • the product does not trip, the mobility ticket for, cateringopdracht, or a form of leisure activity, it is
  • the product does not solve a magazine or random paper
  • it is not a (command) spoedreparatie terms
  • the consumer shall not be waived his right of withdrawal
  1. The cooling off period of 14 days referred to in paragraph 1 shall commence:
    • the day after that on which the consumer, the final product of 1 order
    • as soon as the consumer, it is the first product to have a subscription to receive
    • as soon as the consumer, to a service to, for the first time, it has taken
    • as soon as the customer confirms that he is the digital content on the internet is reduced
  2. The consumer may have recourse to the right to make it known via the info@curlygirlfriendly.nl if desired, using the withdrawal form from the web site Curlygirlfriendly.nl, www.curlygirlfriendly.nl download.
  3. The consumer is obliged to make the product to us within 14 days after the day of the raising of his right of withdrawal returned to Curlygirlfriendly.nl in the absence of which, the right of withdrawal will be cancelled.
  4. The cost for the return will only be for the account of the Curlygirlfriendly.nl and if the full order is returned.
  5. If the purchase costs and any other costs incurred (e.g. shipping and return charges) in accordance with the law, the refund will be made in may, will Curlygirlfriendly.nl these charges within 14 days of the receipt of a timely appeal, the right of withdrawal, refund to the consumer provided that the consumer is the product, in a timely manner Curlygirlfriendly.nl it has returned as well.

 

Right of retention

 

Unless the customer is a consumer, the customer waives the right to perform any of them contract the contract and to demand immediate payment.

 

 

Retention 

  1. en it may invoke his or her right to retain and use the products, the customer shall keep it until the customer is the balance of fees in respect of the Curlygirlfriendly.nl it has been met, unless the customer for the expenses to provide adequate collateral.
  2. The right of retention is also true on the basis of a prior agreement where the client payment is due to the Curlygirlfriendly.nl.
  3. is not liable to you for any damages that the customer may incur as a result of the use of his right of retention.

 

Set-off

 

Unless the customer is a consumer, the customer waives its right to a debt owed to Curlygirlfriendly.nl on account of a claim Curlygirlfriendly.nl.

 

 

Retention of title

  1. en it remains the owner of the products delivered until the client has paid in full all of its obligations in respect of the Curlygirlfriendly.nl on the basis of the kind of, with Curlygirlfriendly.nl contract, including claims relating to the failure to fulfil an obligation.
  2. Up to that time Curlygirlfriendly.nl to invoke a retention of title and the goods back.
  3. Prior to the property has passed to the customer, the customer shall have the products that will not pledge, sell, dispose of or otherwise encumber.
  4. If Curlygirlfriendly.nl a call to a retention of title shall be subject to the contract is terminated, and Curlygirlfriendly.nl the right to compensation for damages, loss of profit and the rate of interest to be recovered.

 

Delivery

  1. All deliveries are subject to stock availability.
  2. The delivery will take place at the Curlygirlfriendly.nl unless agreed otherwise by the parties.
  3. The delivery of online-ordered product will take place at the customer's address.
  4. If the agreed-upon amount is not, or not paid Curlygirlfriendly.nl have the right to suspend its obligations until the agreed-upon share still, it is true.
  5. In the case of late payment, there is a schuldeisersverzuim, as a result of which the customer will have a delay in delivery does not meet Curlygirlfriendly.nl it can be argued.

 

Delivery time

  1. The Curlygirlfriendly.nl delivery times are indicative only, and to display to the customer in the event that any right to cancel the contract or to claim damages, unless the parties have explicitly agreed otherwise in writing.
  2. The delivery time starts from the moment the customer to use the electronic process is fully completed and an electronic notification of Curlygirlfriendly.nl.
  3. The exceeding of the estimated delivery date gives you, the customer shall not be entitled to any damages or have the right to withdraw from the contract, unless the Curlygirlfriendly.nl within 14 days after receiving the written reminders can be delivered, or the parties have anything else planned.

 

Time of delivery

 

The customer must ensure that the time of delivery of the ordered products in a timely manner, can take place.

 

Transportation

 

Transportation costs are the responsibility of the customer, unless the parties agree on this, something else is agreed upon.

 

 

Packing and shipping

  1. If the packaging of a product is opened or damaged, the customer, before using the product and the receipt thereof by the forwarder.c.q delivery boy with a note on it to let in the absence of which Curlygirlfriendly.nl shall not be liable to you for any damages.
  2. If the customer, for the transport of the product is responsible, he is any visible damage to the product or its packaging, prior to transport to the report Curlygirlfriendly.nl in the absence of which Curlygirlfriendly.nl shall not be liable to you for any damages.

 

Storage

  1. If the order was only later reduced the agreed date of delivery, the risk of any loss in quality for the customer.
  2. Any additional costs incurred as a result of the early or the later purchase of goods are the responsibility of the customer.

 

Warranty

  1. The warranty whatsoever with respect to the products shall only apply to defects caused by faulty workmanship, construction or materials.
  2. The warranty does not apply in the case of normal wear and tear, and any damage incurred as a result of accidents, or modifications to the product, or negligence, or the improper use by the customer, as well as when the cause of the fault cannot be clearly determined.
  3. The risk of loss of, damage to, or theft of the product which is the subject-matter of an agreement between the parties, shall pass to the customer at the time they are legally and/or actually provided, at least in the power of the consumer, or a third party that the product is for the customer to receive.

Trade

  1. Exchange is only possible if the following conditions are met:
  • trade takes place within 14 days of purchase upon presentation of the original invoice or delivery note
  • the product shall be returned in original packaging.c.q with the yet to be annexed to the original price ticket
  • the product is not yet in use
  1. Discounted items, non-perishable items such as food, custom-made items, or specially designed for client customized products cannot be returned.

 

 

Disclaimer

 

The customer shall indemnify and Curlygirlfriendly.nl and against any and all claims of third parties relating to the Curlygirlfriendly.nl products and/or services.

 

 

Symptoms

  1. The customer must have a Curlygirlfriendly.nl product or service as soon as possible in the investigation of any imperfections.
  2. If the product you receive or the service provided does not meet what the customer for any reason, the agreement should be expected, then, must be to the customer's Curlygirlfriendly.nl as soon as possible, but in any event within 1 month after discovery of the defect, to the case.
  3. Consumers Curlygirlfriendly.nl no later than within 2 months after finding the weaknesses of this case.
  4. The customer will provide a detailed description of the defect, so that, Curlygirlfriendly.nl able to respond appropriately to respond to it.
  5. The client must be able to prove that the complaint is based on an agreement between the parties.
  6. If the complaint relates to the work in progress, this can be, in any case, it does not mean that Curlygirlfriendly.nl can be taken to other activities, to carry out the contract.

 

Notice

  1. The customer shall default in writing, to the Curlygirlfriendly.nl.
  2. It is the responsibility of the customer to give notice of default Curlygirlfriendly.nl actually (in time) is reached.

 

Joint and several liability of the customer

 

If Curlygirlfriendly.nl entering into a contract with more than one client, each and every one of them is jointly and severally liable for the full amounts to which they have under the contract on Curlygirlfriendly.nl they fall due.

 

Liability Curlygirlfriendly.nl

  1. en it shall only be liable to you for any damages that the customer may suffer if and to the extent that the damage was caused by wilful misconduct or gross negligence on the part.
  2. If Curlygirlfriendly.nl liable to you for any loss or damage, it shall be liable only for direct damages, arising out of or in connection with the execution of this agreement.
  3. en it is never liable for indirect damage, including consequential damage, lost profit, missed savings or damages of any third party.
  4. If Curlygirlfriendly.nl to be liable, such liability shall be limited to the amount paid by a contracted (professional)liability insurance to be paid and, in the absence of full payment by the insurance company of the amount of the damage is limited to the portion of the invoice amount to which the liability relates.
  5. All pictures, photographs, colors, graphics, and descriptions on the website or in the catalogue, are indicative only and are only an estimate and not a response to a claim for damages and/or partial or full termination of the contract, and/or suspension of the obligation of any kind.

 

Period

 

Every customer's right to claim damages from the Curlygirlfriendly.nl shall lapse, in each case within 12 months from the event out of which the liability directly or indirectly caused as a result. This will not be excluded by the provisions of article 6:89 of the Civil Code.

 

Right of cancellation

  1. The customer has a right to cancel the contract if Curlygirlfriendly.nl attributable to deficiencies in the performance of his duties, unless such failure, in the light of its specific nature, or of minor importance, and the termination is justified.
  2. It Is the fulfillment of the obligations by the Curlygirlfriendly.nl not permanently, or temporarily disabled, then the dissolution would take place only after the Curlygirlfriendly.nl to be in default.
  3. en the right to cancel the contract with the customer, to cancel, if the customer of its obligations under the contract or in a timely manner, or if the Curlygirlfriendly.nl knowledge of the circumstances that made him a good reason to believe that it is the customer's obligations are not quite a failure.

Force majeure

  1. In addition to the provisions of article 6:75 of the Dutch Civil Code, the failure of the Curlygirlfriendly.nl in the performance of any of its obligations in respect of the customer is not in Curlygirlfriendly.nl can be held in one of the Curlygirlfriendly.nl -independent conditions, and thus the performance of its obligations in respect of the customer, in whole or in part, will be prevented from performing, or result in the breach of the obligations cannot Curlygirlfriendly.nl it may be required.
  2. To in paragraph 1 of this situation are, but are not limited to, the following: emergency (such as a civil war, insurrection, riots, acts of god, etc.). non-performance, and beyond the control of the suppliers, the delivery staff, or by other third parties; unexpected, electricity, gas, internet, computer, and telecomstoringen; infection by computer virus, strikes, government regulations, unexpected traffic problems, bad weather, interruption of work.
  3. In the event of a situation of force majeure occur, which Curlygirlfriendly.nl for 1 or more of the obligations of the client does not fulfil those obligations will be suspended until the Curlygirlfriendly.nl there will again be in a position to do.
  4. As soon as the situation of force majeure is not less than 30 days ' duration, each party to the agreement shall be in writing, in whole or in part and loose.
  5. en in a situation that no compensation is due, even if, as a consequence of the situation of force majeure is any benefit.

 

The amendment of the agreement 

 

If, after the conclusion of the agreement on the implementation, it is necessary to set the content, change, or add, modify, parties in a timely manner and in consultation with the contract accordingly.

 

 

Amendments to the general terms and conditions

  1. is entitled to change these terms and conditions or to add to it.
  2. Minor amendments may be made at any time.
  3. Major changes will be Curlygirlfriendly.nl as far as possible in advance with the customer to discuss it.
  4. Consumers are entitled to a substantial modification of the terms and conditions of the contract.

 

Transfer of rights

  1. The rights of the customer under an agreement between the parties and may not be transferred to third parties without the prior written consent of the Curlygirlfriendly.nl.
  2. This provision applies as a term with legal effect, as referred to in section 3:83), second paragraph, of the Civil Code.

 

The consequences of nullity or annulment

  1. If one or more of the provisions of these terms and conditions is null and void or is voided out, that shall not affect the remaining provisions of these terms and conditions.
  2. Is an provision that is null and void or is voided, it will be replaced by a provision that, to the best of what is Curlygirlfriendly.nl with the establishment of the terms and conditions on this point would like to have.

 

Governing law and jurisdiction

  1. All agreements between the parties, be governed by the laws of the netherlands.
  2. The Dutch court in the district in which Curlygirlfriendly.nl set/ put/place of business is in the exclusive jurisdiction to hear any dispute between the parties, unless the law requires otherwise.

Established on 01 may 2019.