Good general terms and conditions are important for online retailer and customer.
Here you can read our Terms and Conditions Webshop.
Not only the government creates rules to ensure the safety of your purchase. We, as web merchant, are also happy to inform you of our conditions. By agreeing to the General Terms and Conditions Webshop, an agreement between us and you as a customer has been established. But before you agree with our Terms and Conditions, we kindly request you to read the conditions carefully and to take note of our working methods. This can prevent annoying situations! If you have questions about our conditions, you can of course contact us.
If you are a distributor, you have received the general terms and conditions together with the distribution agreement. you now agree this applies to these conditions.
General terms and conditions Lilly Nails Benelux
delivery conditions Wholesale and Webshop
Article 1: Definitions
1a) Supplier: Lilly Nails Benelux, appointed in these conditions Lilly Nails Benelux legal products and / or services offered in both wholesale and remote from the shop to the customer
1b) Customer: the natural or legal person who enters into an agreement with Lilly Nails Benelux (also at a distance) and the natural person who does and / or does not act in the exercise of a profession or business and a distance contract
1c) Distance contract: an agreement in the context of a Lilly Nails Benelux organized system for distance selling of products and / or services until the conclusion of the agreement exclusive use is made of one or more means of communication at a distance;
1d) Technique for distance communication: means that can be used for concluding an agreement, without the consumer and trader being in the same room at the same time.
Article 2: Identity
Company: Lilly Nails Benelux BV
(Post) address: van Ijsendijkstraat 407 / b, 1442LB, Purmerend
Telephone: 0299 769225
Email: [email protected]
VAT No. : NL151805052B03
Article 3: Applicability
3a) These general terms and conditions apply to all goods, services and agreements (at a distance) that Lilly Nails Benelux sells and supplies to customers, including its Distributors.
3b) In addition to these general conditions, additional conditions may apply to certain services and / or products. If there are differences between the additional conditions and these general terms and conditions, then in principle the provisions from the supplementary conditions apply in addition to the general terms and conditions. One or more provisions in these general terms and conditions can only be deviated from if this has been expressly agreed in writing. In that case, the other provisions of these conditions remain in full force.
3c) Any specific purchase and / or other conditions of buyers are not applicable, unless these have been expressly laid down in writing by the supplier.
3d) In the event that a provision of these general terms and conditions is deemed null and void by the competent court or otherwise not binding, the other provisions of these general terms and conditions will remain in full force.
3e) The text of these general terms and conditions will be made available electronically to the customer by Lilly Nails Benelux in such a way that it can be stored by the customer in a simple manner on a durable medium. Before the agreement is concluded (at a distance), the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, before the contract is concluded (on distance), it will be indicated that the general terms and conditions at Lilly Nails Benelux can be viewed and that they will be sent free of charge by electronic means or otherwise at the request of the customer. .
3f) Lilly Nails Benelux reserves the right to change and / or supplement the general conditions at any time.
Article 4. Offer and formation of agreements
4a) By using (one of) the webshop (s) of Lilly Nails Benelux and / or placing an order, the buyer accepts these general conditions as well as all other rights and obligations as stated on the webshop and apply. in wholesale.
4b) Lilly Nails Benelux is authorized to use third parties in the execution of an agreement with the buyer.
4c) The offer of Lilly Nails Benelux is free of obligation unless a term for acceptance is mentioned in the offer.
4d) Offers are valid while stocks last.
4th) If an offer has a limited period of validity or has specific conditions, this will be explicitly stated in the offer.
4f) The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a good assessment of the offer by the customer. Obvious mistakes or errors in the offer do not bind Lilly Nails Benelux.
4g) Each offer contains such information that it is clear to the buyer what the rights and obligations are attached to the acceptance of the offer.
4h) An agreement is concluded at the moment that;
- The prospective customer has explicitly submitted data or entered data by telephone or in writing on the relevant input screen of the website and relevant data have been received by Lilly Nails Benelux by telephone or via an order form, post or e-mail;
- During the visit to the Lilly Nails Benelux branch, the prospective buyer expressly indicated that he wanted to buy or receive a certain product and / or a particular service;
- Aspirant buyer has expressly indicated by telephone that he wishes to receive a specific product and / or a certain service.
4i) The agreement is, subject to the provisions of paragraph 4h), concluded at the moment of acceptance by the buyer of the offer and the fulfillment of the corresponding conditions.
4j) If the agreement is concluded electronically, Lilly Nails Benelux will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the customer pays electronically, Lilly Nails Benelux will take appropriate security measures.
4k) Lilly Nails Benelux can - within the legal framework - inform itself whether the customer can meet his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the agreement (at a distance). If Lilly Nails Benelux based on this investigation has good reasons not to enter into the agreement, Lilly Nails Benelux reserves the right to refuse an order or request or to attach special conditions to the execution.
Article 5. Prices
5a) All prices are expressed in euros and are exclusive of 21% VAT and other costs such as fees and shipping costs, unless stated otherwise by Lilly Nails Benelux.
5b) Lilly Nails Benelux reserves the right to charge all costs incurred that are directly or indirectly related to the execution of the order and which have been made with the consent of the customer.
5c) The customer owes the price that Lilly Nails Benelux has communicated in its confirmation. Obvious (manipulation) errors in the quotation, such as obvious inaccuracies, can also be corrected by Lilly Nails Benelux after the conclusion of the agreement.
5d) Shipping costs are not included in the price. Special rates apply for shipping outside the Netherlands. With regard to certain payment methods, further conditions apply with regard to the shipping method and the associated costs. This is clearly communicated to the Buyer.
5th) If prices for the offered products and services increase in the period between the order and the execution thereof, the customer can cancel the order or terminate the agreement within ten (10) days after notification of the price increase by Lilly Nails Benelux.
Article 6: Payment
6a) When picking up goods in the wholesale trade, payment can be made by debit card or cash.
6b) Orders via the webshop can be paid via the services offered by MOLLIE, such as Ideal, PayPal.
6c) Lilly Nails Benelux may request an advance payment for some products and services. In this case, the customer can not assert any right over the execution of the concluded agreement until the advance payment has been received by Lilly Nails Benelux.
6d) The customer has the duty to pass inaccuracies in the received payment details directly to Lilly Nails Benelux.
6e) When shipping goods, the delivery takes place only when the payment is received.
6f) If the customer does not pay the payment within the agreed period, this customer is deemed to be in default by operation of law and Lilly Nails Benelux has the right to charge interest of 3% from the due date over the outstanding amount without any further notice of default % per month, where a part of a month applies for a whole month.
6g) If the customer remains in default to pay the claim, the claim can be handed over, in which case the customer will be obliged to pay the extrajudicial collection costs, the amount of which is set at 15%. of the total amount with a minimum of € 250, - and of the possible costs, without prejudice to the right of Lilly Nails Benelux to claim the actual damage.
6h) In the event of overdue payment, Lilly Nails Benelux is entitled to terminate the agreement with immediate effect or to suspend (further) delivery until the time at which the customer has fully complied with the payment obligations, including the payment of interest and costs owed.
Article 7: Delivery
7a) Lilly Nails Benelux strives to ship webshop orders (with a successful payment) received before 2 p.m. the same day.
7b) Deliveries up to an order total of € 125, - ex VAT will be charged with shipping costs. From this amount free shipping takes place, with the exception of orders that differ from regular size, weight and shipping method and deliveries to Distributors.
7c) Goods can also be picked up at the supplier's address at no cost. Shipments of goods are always at the risk of the customer.
7d) The delivery time stated by the supplier is approximate and is fulfilled as much as possible, but is not binding. Exceeding this delivery time does not entitle the customer to compensation or the right to terminate the agreement.
7th) The delivery deadline is 30 days after receipt of the order, with the exception of prepayments where the delivery deadline is 30 days after receipt of the payment. The delivery obligation of Lilly Nails Benelux will, subject to proof to the contrary, be met as soon as the goods delivered by Lilly Nails Benelux have been offered to the customer once.
7f) The customer is obliged to immediately receive the goods as soon as they have been made available by the supplier, also in parts or parts of orders. When a deferred payment has been agreed, the supplier is entitled from that time until the invoicing of the relevant goods.
7g) If goods are stored in full or in part by the seller as a result of late purchase, then the costs of storage as well as those of the insurance of the goods will be charged to the customer.
7h) Deviating conditions may apply to deliveries abroad.
7i) Received deliveries that have not been ordered, or deliveries that are incomplete and, or, damaged, must be brought to the attention of Lilly Nails Benelux within 48 hours.
7j) For delivery at home and abroad must be signed at delivery. When it is signed, the package for Lilly Nails Benelux has been delivered and Lilly Nails Benelux has fulfilled all its obligations.
Article 8. Visibility period / Right of withdrawal
In principle, the following is not applicable to Lilly Nails Benelux because it only allows business sales, when a consumer buys from Lilly Nail Benelux in any way whatsoever, the consumer did not fill in the information truthfully.
8a) If there is a (consumer) purchase, in accordance with the Distance Selling Act, the customer has the right to (part of) the delivered goods, provided they are packaged and sealed in their original state, within a period of fourteen (14) days without returning a reason. This period starts at the moment the ordered items are delivered.
8b) If the customer has not returned the delivered goods to Lilly Nails Benelux after this period, the purchase is a fact. The customer is obliged, before proceeding to return, within the period of fourteen (14) days after delivery in writing, exclusively by letter post or by e-mail, to report to Lilly Nails Benelux. The customer must prove that the delivered goods have been returned in time, for example by means of proof of mail delivery.
8c) Return of the goods must take place in the original packaging (including accessories and accompanying documentation) and in a new condition. If the goods have been used by the customer, encumbered or damaged in any way, the right to dissolution within the meaning of this paragraph will lapse.
8d) With due observance of what has been stipulated in paragraph 8c), Lilly Nails Benelux ensures that after the receipt of the return shipment and the confirmation of receipt by Lilly Nails Benelux, the full purchase price is refunded to the customer. The costs and return of the delivered goods are entirely at the expense and risk of the customer.
8e) The right of withdrawal does not apply to:
- Services of which the execution commenced with the consent of the Buyer for the period of 14 days;
- Goods or services whose price is subject to fluctuations on the financial market, on which the supplier has no influence;
- Goods that have been manufactured according to the consumer's specifications, for example made-to-measure, or that have a clearly personal character;
- Goods or services which by their nature can not be returned, for example i.v. hygiene or that can quickly deteriorate or age.
- Goods purchased in a business (there is no question of a consumer purchase)
8f) If the returned product has not been received in accordance with the conditions, the purchase price will not be refunded. The product remains the property of the customer which is obliged to own the property within two weeks
Article 9: Reservation of ownership
9a) All goods delivered by the supplier remain its property until the customer has fulfilled all obligations arising from the concluded agreement (at a distance) towards Lilly Nails Benelux.
9b) Until Lilly Nails Benelux has been paid in full, the goods in question may not be pledged to third parties (silent) or be used as security for a third party claim.
9c) If, in the opinion of Lilly Nails Benelux, there is the possibility that the customer will not fulfill its obligations towards it, or not, it will retain the right to demand delivery of the goods, against which the customer can not oppose.
Article 10: Destruction or dissolution
If the customer does not fulfill his obligations towards the supplier, is placed under guardianship with a natural person, or if debt repayment invokes natural persons, or applies for suspension of payments for legal entities, or is in a state of bankruptcy, the supplier has the right without notice of default or judicial intervention is required to terminate the agreement concluded between both parties.
Article 11: Guarantees and liability
11a) The products supplied by Lilly Nails Benelux are subject to the guarantee provisions set by the manufacturer of the relevant article.
11b) The buyer is aware that some products may give allergic reactions to a limited number of users. Resale or use on behalf of the company of the buyer is under the sole responsibility of the professional customer. This person should only use the products if he / she can act judiciously and adequately trained.
11c) The Buyer is deemed to have fully inspected the goods purchased by him or to have them inspected in advance. Complaints must be reported to the seller in writing and documented within 8 days.
11d) Returns by the customer can only be made on strict condition that the goods are in the original packaging and have not been used at all. If this is done without stating valid reasons, all costs associated with the return will be borne by the customer. In that case Lilly Nails Benelux is free to store the products under third parties for the account and risk of the customer.
11e) Lilly Nails Benelux is never liable for any disadvantage that the customer will suffer as a result of any defect in the sold or any other shortcoming in the fulfillment of the obligations arising from the agreement, including trading loss and third-party claims. This is only in case of intent or gross negligence of the supplier.
11f) Lilly Nails Benelux accepts no liability for consequential or consequential loss, indirect damage and loss of profit or turnover.
11g) If Lilly Nails Benelux for whatever reason is obliged to compensate any damage then this compensation will never exceed an amount equal to the invoice value in relation to the product or service which caused the damage.
11h) Without prejudice to the provisions of this article, there can be no guarantee in the following cases:
- If the wear can be considered normal;
- If there are changes in or to the product, including repairs that have not been made with the permission of Lilly Nails Benelux or the manufacturer;
- If the original invoice can not be submitted, has been altered or made illegible;
- If defects are the result of non-destination or improper use;
- If damage is caused by intent, gross negligence or negligent maintenance.
- If the user has not followed the instructions correctly, the user manual can be found with the products on the webshop.
11i) If costs are connected to repairing a defect, the customer will be informed of this. If the customer does not expressly agree in writing with the cost estimate, then it can return its property against payment of the research costs. If the customer has not yet paid these research costs six (6) months after the cost budget has been submitted, the ownership of the product will expire at Lilly Nails Benelux.
Article 12: Force majeure
12a) 1 If Lilly Nails Benelux is prevented from executing the order due to force majeure, it is entitled to postpone the delivery until the relevant force majeure has ceased to exist. It also reserves the right to cancel the order in whole or in part in the event of powerlessness, without being obliged to pay any compensation.
12b) Force majeure means any circumstance, as a result of which execution of the order can not reasonably be carried out by the supplier, including: war, strike, business failure, shortage of raw materials, materials and employees, accidents, transport problems, default of suppliers of supplier mobilization, state of siege, quarantine, epidemics, riots and import or export barriers and other impediments by government measures or regulations, or by weather conditions.
Article 13: Disputes
13a) Dutch law is exclusively applicable to the contract, in whatever form and language it is or are entered into.
13b) The parties will first make every effort to settle a dispute in mutual consultation.
13c) Any dispute concerning these general terms and conditions and the agreements to which these conditions apply, which can not be resolved by mutual agreement, will be settled by the competent court in the location of Lilly Nails Benelux.
Article 14: Various provisions
14a) Lilly Nails Benelux strives to answer e-mails sent to info @ Lilly Nails Benelux.nl within 1 business day.
14b) Any inaccuracies of information provided to you by Lilly Nails Benelux must be reported to Lilly Nails Benelux immediately, as well as any changes or inaccuracies in your data that you have provided to Lilly Nails Benelux.
Article 15: Conversion
In the event that the competent Judge annuls one or more of the provisions in these general terms and conditions in whole or in part, or at any rate does not apply, the seller and the buyer shall agree now that they must be deemed to be based on article 3:42 of the Dutch Civil Code. provision that was the closest to the operation of the void original clause that is legally permissible