GENERAL TERMS AND CONDITIONS
These general terms and conditions have been drawn up with a view to a clear and transparent framework for the cooperation between HaircarebySen and its customers. The document covers all essential aspects of the agreement, including but not limited to prices, deliveries, payment terms and liability. With these terms and conditions, HaircarebySen aims to ensure a fair and professional relationship. If you have any questions about these terms and conditions, you can contact info.haircarebysen@gmail.com.
1. Definitions
In these general terms and conditions the following terms are defined:
- HaircarebySen: The company established in Leeuwarden, registered with the Chamber of Commerce under number 75483602.
- Customer: Any natural or legal person with whom HaircarebySen enters into an agreement or with whom HaircarebySen is negotiating the conclusion of an agreement.
- Consumer: A customer who is also a natural person and acts outside the exercise of a profession or business.
- Parties: HaircarebySen and the customer jointly.
2. Applicability of the General Terms and Conditions
- 2.1 These general terms and conditions apply to all offers, quotations, work, deliveries and agreements between HaircarebySen and the customer, unless otherwise agreed in writing.
- 2.2 Any deviations from these conditions are only valid if they have been expressly recorded in writing and confirmed by HaircarebySen.
- 2.3 Unless expressly agreed otherwise in writing, the applicability of other conditions of the customer or third parties are expressly excluded.
3. Prices and Rates
- 3.1 All prices used by HaircarebySen are in euros, including VAT and excluding any other additional costs such as administration costs, levies and transport costs, unless otherwise stated or agreed.
- 3.2 HaircarebySen reserves the right to adjust the prices of products and services if changes in the cost structure justify this. This can be the result of changes in raw material prices, transport costs or legal levies.
- 3.3 If there is a price increase after the conclusion of the agreement, the consumer has the right to terminate the agreement, provided that the price increase is not the result of a statutory regulation.
- 3.4 Unless otherwise agreed in writing, HaircarebySen services are calculated on the basis of actual hours spent at the hourly rates applicable at that time.
4. Payment terms
- 4.1 HaircarebySen is entitled to request a down payment of up to 50% of the agreed amount before commencing the execution of the agreement.
- 4.2 Payment must be made within the period of 7 days after delivery stated on the invoice, unless otherwise agreed in writing. Payment terms are fatal, which means that upon expiry of the term the customer is legally in default without further notice of default being required.
- 4.3 If the customer does not pay on time, HaircarebySen is entitled to charge interest of 1% per month, whereby part of a month is counted as a full month.
- 4.4 In the event of late payment, HaircarebySen has the right to suspend further deliveries until payment has been made.
5. Consequences of Late Payment
- 5.1 If the customer fails to pay an invoice within the specified payment term, HaircarebySen is entitled to charge extrajudicial collection costs and any damages.
- 5.2 The amount of the collection costs is calculated in accordance with the statutory regulations for compensation of extrajudicial collection costs.
- 5.3 In the event of bankruptcy, seizure or suspension of payment of the customer, all claims of HaircarebySen are immediately due and payable.
6. Delivery and Delivery Times
- 6.1 Deliveries will be made while stocks last and to the address specified by the customer. The customer is responsible for providing correct and complete delivery information.
- 6.2 The delivery times stated by HaircarebySen are indicative. Exceeding the delivery time does not entitle the customer to compensation or termination of the agreement, unless otherwise agreed in writing.
- 6.3 If the customer fails to receive the products ordered by him on time, the additional costs and risks of loss of quality will be borne by the customer.
7. Right of Complaint and Right of Withdrawal
- 7.1 HaircarebySen reserves the right to complain about products that have not been paid within the set payment term. In the event of such a right to complain, the customer is obliged to return the products immediately.
- 7.2 Consumers have the right to cancel the agreement within a reflection period of 14 days after receipt of the order without giving any reason, provided that the product is unused and meets the other conditions as described in the law and in these conditions.
- 7.3 The costs of returning are for the account of the customer, unless otherwise agreed. Products that have been specially customized for the customer cannot be returned.
8. Liability and Warranty
- 8.1 HaircarebySen is only liable for direct damage resulting from intent or deliberate recklessness by HaircarebySen or its employees. Liability for indirect damage, such as consequential damage or lost profit, is expressly excluded.
- 8.2 HaircarebySen's liability is in any case limited to the amount paid out under the applicable insurance. If no insurance applies, liability is limited to the invoice amount.
- 8.3 HaircarebySen offers a warranty on the products it supplies in accordance with the manufacturer's warranty, unless there is negligent use or inappropriate treatment by the customer.
9. Force Majeure
- 9.1 HaircarebySen is not obliged to fulfil any obligation towards the customer if it is prevented from doing so as a result of a circumstance that cannot reasonably be attributed to it, such as but not limited to natural disasters, strikes, government measures or disruptions at suppliers.
- 9.2 In the event of force majeure, HaircarebySen's obligations will be suspended. If the force majeure situation lasts longer than 30 days, both parties have the right to terminate the agreement without any obligation to pay damages.
10. Right of Suspension and Right of Retention
- 10.1 HaircarebySen reserves the right to suspend its obligations if the customer fails to meet his payment obligations.
- 10.2 HaircarebySen may invoke its right of retention, whereby the customer's goods are retained until outstanding claims have been paid.
11. Complaints and Disputes
- 11.1 Complaints about delivered products or services must be submitted in writing to HaircarebySen as soon as possible, but in any case within 30 days of discovering the defect.
- 11.2 HaircarebySen will handle complaints within a reasonable period of maximum 14 days. If more time is needed, the customer will be informed of this with an indication of the expected period.
12. Applicable Law and Competent Court
- 12.1 All agreements between HaircarebySen and the customer are exclusively governed by Dutch law.
- 12.2 Disputes arising from or related to the agreement will be submitted exclusively to the competent court in the district where HaircarebySen is established.
By agreeing to a quote or order, the customer confirms that he/she has read and accepted these general terms and conditions.