GENERAL TERMS & CONDITIONS WEBSHOP
Article 1: Definitions
Information regarding the Products, such as price, color and an overview of its qualities, as shown on the Website.
The natural person who or the legal entity which buys a Product from IKA Beauty through the Website.
The agreement for the delivery of Products (distance selling order) between IKA Beauty and Customer and all further actions between IKA Beauty and Customer regarding the delivery of these products.
Products to be delivered or displayed by IKA Beauty, including in any case lipsticks and any future Products
- In writing/Written
(Digital) communication by letter, e-mail, social media and online communication services.
IKA Beauty’s internet website, namely <www.ika-beauty.com> and all current and future derivatives thereof.
Any creation or Product supplied by IKA Beauty under the Agreement.
Article 2: IKA Beauty
The one-(wo)man business IKA MERAKI, established and having offices in Andel, registered in the Trade Register under number 71079971. Trading as IKA Beauty.
Article 3: Applicability
- Underlying General Terms and Conditions apply to every Offer and Agreement and the implementation thereof between IKA Beauty and Customer. It also includes all acts related to the Agreement, both of a preparatory and executive nature, such as dispatch. The General Terms and Conditions constitute the Agreement between IKA Beauty and the Customer.
- The General Terms and Conditions can be found on the Website and will be made available to the Customer before or at conclusion of the Agreement (provided electronically). When placing the order via the Website, a tick must be placed next to a link to these General Terms and Conditions.
- General terms and conditions of the Customer, or any other terms and conditions of third parties, do not apply.
- If specific Product Conditions are also in force, the provisions of the previous paragraphs also apply. In the event of a conflict, Customer can rely on the most favorable provision.
- IKA Beauty is entitled to change these General Terms and Conditions unilaterally. Changes will be announced on the IKA Beauty Website.
Article 4: Realisation of the Agreement; offer and acceptance
- The Offer is displayed on the Website and includes in any case a photo, price, size, ingredients, color and a description of the Product. Customer should be able to make a proper assessment of the Product and is made aware of his/her rights and obligations which are associated with the purchase of the Product.
- IKA Beauty makes an effort to show the Products as accurately as possible in the photos on the Website. However, due to light, technical settings and depending on the device of Customer, colors of the Products on the Website may deviate from the color of the real Products.
- IKA Beauty is entitled to change the content of the Offer at any time for reasons of qualitative improvement.
- IKA Beauty is entitled to introduce discounts.
- IKA Beauty cannot be kept to its Offers if the Customer should have understood, in terms of reasonableness that the Offer, or any part thereof, contains an obvious mistake or clerical error.
- The Agreement between IKA Beauty and Customer is concluded when Customer accepts IKA Beauty’s Offer and meets the conditions set by IKA Beauty. This is the moment that the Customer clicks the “place order” button on the Website after filling in all his/her details.
- Immediately after placing the order and making the payment, Customer receives a confirmation of acceptance of the IKA Beauty Offer by e-mail; the confirmation of receipt.
- If during or after the conclusion of the Agreement it appears that the Product is not (any longer) in stock, IKA Beauty will immediately inform the Customer In Writing.
- If the mentioned in paragraph 8 occurs, Customer is entitled to:
- dissolve the Agreement. The payment already made will be refunded within 14 (fourteen) days in the same way as the Customer has paid;
- suspend the delivery of the Product until the Product is back in stock. The Agreement between the Customer and IKA Beauty will remain unchanged, on the understanding that the Customer then agrees to a later delivery. IKA Beauty will inform Customer of the expected later delivery time.
- Customer is not entitled to transfer its rights and/or obligations under the Agreement to third parties unless IKA Beauty has given prior Written permission.
- Within the legal frameworks, IKA Beauty is entitled to investigate whether the Customer can meet his/her payment obligations. If, on the basis of this investigation, it appears that this is not the case, IKA Beauty may refuse the placed order or add additional conditions to the performance of the Agreement.
Article 5: Products
- IKA Beauty aims to ensure that the Products comply with the Agreement, the specifications stated in the Offer, the reasonable requirements of reliability and/or usability and the laws and regulations applicable on the date of the conclusion of the Agreement.
- An (extra) guarantee provided by IKA Beauty, its suppliers, manufacturers or importers never limits the legal rights and claims that the Customer has under the Agreement if IKA Beauty has failed to fulfill its part of the Agreement.
- An additional guarantee is understood to mean any obligation of IKA Beauty, its suppliers, importers or producers in which it grants the Customer certain rights or claims that go beyond what it is legally obliged to do in the event of failure to fulfill the requirements of the Agreement .
Article 6: Delivery & Pre-sale
- Delivery of the Products takes place within the delivery period stated on the Website, with the delivery service made available by IKA Beauty and within the conditions and rates associated with this service.
- As place of delivery is mentioned the address which the Customer has provided to IKA Beauty via the Website. Reference is made to Article 8 paragraph 2 of these conditions.
- IKA Beauty is entitled:
- to engage third parties for the fullfillment of her obligations under the Agreement. The necessary care will be taken in this regard. IKA Beauty is not liable for any shortcomings of these third parties;
- to deliver the order in parts, if applicable.
- IKA Beauty strives to deliver the products within the delivery period stated on the Website. However, the period stated for the delivery of the Products is indicative and may never be interpreted as a strict deadline. There is no right to dissolution or compensation for the Customer in case of the mere exceeding of the delivery period. IKA Beauty will contact the Customer to determine the delivery date in consultation and the Customer will allow IKA Beauty a reasonable period of time to deliver the Products.
- IKA Beauty will not later than at the conclusion of the Agreement, provide the following information in Writing to the Customer: price of the Product and the additional shipping costs, method of payment, IKA Beauty contact details and complaints procedure, eventual possibility of withdrawal and the necessary information and, if applicable, return instructions.
- The moment IKA Beauty transfers the Products to the delivery service or Customer, the risk of damage and/or loss of the Products transfers to Customer, whereby IKA Beauty’s responsibility will lapse.
- If Customer refuses to accept the Product upon delivery by or on behalf of IKA Beauty, IKA Beauty is entitled to store the Product at the expense and risk of the Customer.Presale
- IKA Beauty may offer and sell its Products as “pre-sale”. In a pre-sale, the Customer agrees to already buy and pay for the Product but that delivery shall take place later. The Customer therefore secures the right to acquire and deliver the Product. Payment is made immediately upon conclusion of the Agreement, just as a regular purchases as referred to in Article 4 of these terms and conditions. However, the time of delivery differs. The expected time of delivery and possible deviating delivery conditions will be communicated to Customer in the order confirmation. The Customer will also be informed of the exact delivery date prior to delivery. The withdrawal period starts at the moment of receipt of the Product by the Customer.
Article 7: Pricing and payment
- The Agreement is concluded based on a binding and fixed price indicated in Euros.
- Unless explicitly stated otherwise in writing, all prices and rates are including VAT and exclusive of shippings costs, special or additional import duties, clearance duties and other government-imposed taxes.
- IKA Beauty is entitled to adjust the prices and rates for promotional purposes such as sale. Customer can not combine promotions, only one promotion per Product is allowed. A price change after the conclusion of the Agreement gives no right to compensation to either party.
- Prices and other conditions stated only relate to that specific Product and therefore do not automatically apply to a new Offer.
- Shipping costs depend on the country to which the shipment will be made. Based upon the request of the Customer they will be calculated and stated before the payment.
- Any export or import duties will be borne by the Customer. Costs charged by third parties are not part of IKA Beauty’s prices and services.
- Sales tax is not applicable for sales to Customers outside the European Union (EU). Customer has to pay the relevant national import duties.
- Payment must be made net to IKA Beauty’s bank account, without any discount, deduction or settlement and is made according to the payment methods mentioned on the Website. It is not possible to pay afterwards. As soon as the Customer has clicked on “place order” and has specified his/her bank, Customer will be directed to the banking environment where the payment takes place.
- Incoming payments are being used to settle (extra)judicial costs and interest, and then serve to settle the oldest payment obligations outstanding, independent of any other instruction by the Customer.
Article 8: Liability
- IKA Beauty makes every effort to perform the Agreement to the best of its knowledge, ability and beliefs. This will be a best efforts obligation and shall not constitute an obligation to perform or a guarantee commitment. In the event of an imputable shortcoming, IKA Beauty is only liable for the direct and indirect damage including but not limited to replacement or processing costs of the Customer related to or arising from the Agreement, if this damage is the result of intent or gross guilt or recklessness of IKA Beauty.
- IKA Beauty is not liable for damage caused by incorrect, overdue or incomplete information sent (online) by the Customer.
- IKA Beauty’s liability shall in no event extend beyond reimbursement of a maximum of the invoice value agreed between the parties for the products delivered by IKA Beauty to the Customer. The extent to which the failure could be attributed to IKA Beauty determines the amount of compensation. Slight deviation cannot lead to compensation. IKA Beauty never covers more than the amount of damage reimbursed and paid out by its insurer under the corporate liability insurance.
- Direct or indirect damage resulting from entering into, maintaining and/or handling transactions and agreements between Customer and its (third) contracting parties is never the responsibility of IKA Beauty. Damage must be reported to IKA Beauty in Writing immediately after it occurs.
- Any claim against IKA Beauty expires by the mere lapse of 12 months after the claim arose.
- Provisions in this Article do not apply if the damage was caused by intent, gross negligence or recklessness on the part of the Customer.
- At all times IKA Beauty and Customer will do their utmost to find a solution in consultation.
Article 9: Force Majeure
- If IKA Beauty is prevented from (further) execution of the obligations under the Agreement due to force majeure of a permanent or temporary nature, regardless of whether the force majeure could be foreseen, IKA Beauty and Customer are not obliged to timely fulfill an obligation under the agreement that exists between parties. Without any obligation to pay compensation and without judicial intervention, IKA Beauty is then entitled, to terminate the Agreement in whole or in part in Writing. IKA Beauty’s stays entitled to payment for performances already performed and to (partially) suspend the (further) implementation of the Agreement
- Force majeure is understood to include; non-attributable shortcoming of one of the parties as well as third parties or suppliers engaged by IKA Beauty, pandemic, epidemic, government measures in force, IKA Beauty disease, the temporary unavailability or insufficient availability of equipment or other telecommunication connections that have proved necessary for the delivery of the Products, riots, war, as well as any other situation over which IKA Beauty and Customer cannot exercise decisive control.
- Force majeure also includes:
- the situation in which the suppliers on which IKA Beauty depends to (timely) execute the Agreement do not deliver (on time) or otherwise fail to fulfill their contractual obligations towards IKA Beauty;
- elay, seizure or destruction by customs.
- Parties will inform each other in Writing of a situation of force majeure as soon as possible. If possible, the parties will try to find a solution in consultation.
- If a situation of force majeure continues for more than 14 days, both IKA Beauty and the Customer are entitled to suspend or dissolve the Agreement, whereby costs incurred by the Customer will be returned.
- Damage suffered as a result of force majeure is not at the expense and risk of IKA Beauty.
Article 10: Duty of investigation and complaints
- Customer needs to examine the products as soon as possible after receipt and assess whether they meet the quality and quantity that are customary in ordinary course of trade. This means the Customer must examine whether the delivered products have all the characteristics they should have and whether they are complete and undamaged.
- Complaints must be communicated to IKA Beauty in writing within a reasonable period after the defect has arisen. They must be made clearly and, if necessary, supported by photos.
- IKA Beauty strives to answer complaints in Writing and with motivation within 14 (fourteen) days after receipt. If IKA Beauty expects a response will take longer, she will indicate this as soon as possible.
- In any case, Customer gives IKA Beauty 4 (four) weeks to resolve a complaint by mutual agreement. After this period, the complaint is subject to dispute resolution.
- If a complaint is declared well-founded, Customer is entitled to repair, replacement (redelivery) or to cancel redelivery. It applies that minor deviations, deviations customary in the industry and characteristics that are specific to the Product concerned, such as quality, quantity, size, color or finish, cannot be charged to IKA Beauty.
- In no case does a complaint justify suspension of a claimable obligation. In the case of an order with multiple Products, the complaint with regard to one of those products does not affect the obligations under the Agreement with regard to the other products.
Article 11: Intellectual Property
- Copyrights or any other (intellectual) property rights to the format and content of the Website, the IKA Beauty Logo, concepts, creations, works, proposals, expressions on the internet, e-mails, techniques, other documents and information or any other expressions of, on behalf of or by IKA Beauty are vested in IKA Beauty.
- Copyrights or any other Intellectual property rights to products delivered to the Customer under the Agreement are vested in IKA Beauty and/or its licensors and other third parties.
- The intellectual property rights, copyrights and (sub) licenses referred to in paragraph 1 and 2 cannot be transferred by agreement, unless agreed otherwise in Writing.
- Without prior Written permission from IKA Beauty, it is not permitted to edit, reproduce or disclose any concept, material or information supplied by IKA Beauty to the Client, in whole or in part, or to make it available to third parties in any way or means, or to be made available to third parties for inspection, whether or not for a fee. It is not permitted to remove or change any indication regarding rights from information provided by IKA Beauty.
- Any use of a Work that is not agreed upon will be considered an infringement of IKA Beauty’s copyright. Violation of the copyright or any other intellectual property right as described in the previous provisions of IKA Beauty by the Customer or a third party acting directly or indirectly in the exercise of the Agreement will immediately lead to a fine of at least EUR 1,000.00 being paid to IKA Beauty. Customer also compensates IKA Beauty for the actual damage suffered.
- Customer indemnifies IKA Beauty and protects IKA Beauty against any and all claims that third parties under the law could make within and out of court that are related to the provisions of this Article. Customer also indemnifies IKA Beauty with regard to all damage suffered or to be suffered thereby or in connection therewith in whatever form.
- Customer grants IKA Beauty permission to use for promotional purposes such as, but not limited to, portfolio, blog or social media. Customer may object to publication in Writing in advance.
- IKA Beauty may grant permission to distribute her Work when:
- IKA Beauty’s name must be clearly stated with a Work used, or be included in the publication with reference to the work.
- reproducing and publishing a Work, Customer will at all times observe the personality rights of IKA Beauty in accordance with Article 25 Aw.
Article 12: Exemption from the right of withdrawal
- The right of withdrawal offers Customer the option to withdraw from the Agreement within the cooling-off period. This right is free of charge and without stating reasons, subject to the statutory grounds for exception. One of those grounds for exemption concerns health protection and hygiene. Products that cannot be taken back after opening due to hygienic or health risks may be excluded from withdrawal.
- By their very nature IKA Beauty Products are not suitable to be returned for reasons of health protection and hygiene. For that reason, it is unfortunately not possible for Customers to return Products by invoking the right of withdrawal.
Article 13: Privacy and Cookies
- IKA Beauty uses high-quality security techniques and encryption of the personal data. In case of negative interventions outside the influence of IKA Beauty, reference is made to Article 9 of these General Terms and Conditions.
- IKA Beauty does not accept any liability for any damage caused by the Customer’s actions in violation of this article.
Article 14: Website
- At any time IKA Beauty is entitled to adapt the Website in terms of content, layout and other necessities at the discretion of IKA Beauty.
- IKA Beauty strives for the Website to function properly and to make it permanently accessible to the Customer at all times. IKA Beauty cannot guarantee that the Website will function at all times without restrictions or malfunctions, partly due to necessary maintenance and dependence on Internet and technologies. In that case, you can always call us or send an e-mail to email@example.com.
- IKA Beauty does not accept any liability or responsibility with regard to any damage resulting from or in connection with the use of the Website and its content. Direct or indirect damage as a result of programming by third parties, viruses and hackers that can lead to the modification, destruction, deformation, deactivation or inoperative of software, hardware and/or data of the Customer, Visitor or third parties is never the responsibility of IKA Beauty.
Article 15: Applicable law
- The Agreement is exclusively governed by Dutch law unless the parties agree otherwise in Writing in advance.
- Disputes between IKA Beauty and the Customer that cannot be settled amicably will be submitted to the competent court of Zeeland-West-Brabant.