Terms And Conditions

Definitions

  1. Kore Beauty: Kore Beauty, established in Amsterdam, Chamber of Commerce no. 9353155.
  2. Customer: The party which Kore Beauty has entered into an agreement with.
  3. Parties: Kore Beauty and Customer together.
  4. Consumer: A customer who is an individual acting for private purposes.

Applicability

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Kore Beauty.
  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

  1. All prices used by Kore Beauty are in euros, inclusive of VAT, and exclusive of any other costs such as administration costs, levies, and travel, shipping, or transport expenses, unless expressly stated otherwise or agreed otherwise.
  2. Kore Beauty is entitled to adjust all prices for its products or services, shown in its shop, on its website, or otherwise, at any time.
  3. Increases in the cost prices of products or parts thereof, which Kore Beauty could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
  4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

Samples / Models

If the customer has received a sample or model of a product, they cannot derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.

Payments and Payment Term

  1. Kore Beauty may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
  2. The customer must have paid the full amount within 14 days after delivery.
  3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, they are legally in default, without Kore Beauty having to send a reminder or put them in default.
  4. Kore Beauty reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Consequences of Late Payment

  1. If the customer does not pay within the agreed term, Kore Beauty is entitled to charge interest per month for non-commercial transactions and an interest per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted as a whole month.
  2. When the customer is in default, they are also due extrajudicial collection costs and may be obliged to pay any compensation to Kore Beauty.
  3. The collection costs are calculated based on the Reimbursement for extrajudicial collection costs.
  4. If the customer does not pay on time, Kore Beauty may suspend its obligations until the customer has met their payment obligation.
  5. In the event of liquidation, bankruptcy, attachment, or suspension of payment on behalf of the customer, the claims of Kore Beauty on the customer are immediately due and payable.
  6. If the customer refuses to cooperate with the performance of the agreement by Kore Beauty, they are still obliged to pay the agreed price to Kore Beauty.

Right of Recovery of Goods

  1. As soon as the customer is in default, Kore Beauty is entitled to invoke the right of recovery regarding the unpaid products delivered to the customer.
  2. Kore Beauty invokes the right of recovery by means of a written or electronic announcement.
  3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Kore Beauty, unless the parties agree to make other arrangements about this.
  4. The costs for the collection or return of the products are at the expense of the customer.

Right of Withdrawal

  1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
    • The product has not been used.
    • It is not a product that can spoil quickly, like food or flowers.
    • The product is not specially tailored for the consumer or adapted to their special needs.
    • It is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.).
    • The seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.).
    • The product is not a (holiday) trip, a transportation ticket, a catering order, or a form of leisure activity.
    • The product is not a separate magazine or a loose newspaper.
    • The consumer has not renounced their right of withdrawal.
  2. The cooling-off period of 14 days as referred to in paragraph 1 commences:
    • On the day after the consumer has received the last product or part of 1 order.
    • As soon as the consumer has received the first product of a subscription.
    • As soon as the consumer has confirmed the purchase of digital content via the internet.
  3. The consumer can notify their right of withdrawal via info@korebeauty.nl, if desired by using the withdrawal form that can be downloaded via the website of Kore Beauty, www.korebeauty.nl.
  4. The consumer is obliged to return the product to Kore Beauty within 14 days after the notification of their right of withdrawal, after which period their right of withdrawal will lapse.

Reimbursement of Delivery Costs

  1. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Kore Beauty will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Kore Beauty in time.
  2. The costs for return are only reimbursed by Kore Beauty if the complete order is returned.

Reimbursement of Return Costs

If the consumer invokes their right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer, unless the consumer returns a complete order with a minimum value of €30,00 (excluding shipping costs).

Suspension of Obligations by the Customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of Retention

  1. Kore Beauty can appeal to their right of retention of title and in that case retain the products sold by Kore Beauty to the customer until the customer has paid all outstanding invoices with regard to Kore Beauty unless the customer has provided sufficient security for these payments.
  2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Kore Beauty.
  3. Kore Beauty is never liable for any damage that the customer may suffer as a result of using their right of retention of title.

Settlement

The customer waives their right to settle any debt to Kore Beauty with any claim on Kore Beauty.

Retention of Title

  1. Kore Beauty remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Kore Beauty under whatever agreement with Kore Beauty, including claims regarding shortcomings in the performance.
  2. Until then, Kore Beauty can invoke its retention of title and take back the goods.
  3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of, or otherwise encumber the products.
  4. If Kore Beauty invokes its retention of title, the agreement will be dissolved and Kore Beauty has the right to claim compensation, lost profits, and interest.

Delivery

  1. Delivery takes place while stocks last.
  2. Delivery takes place at Kore Beauty unless the parties have agreed otherwise.
  3. Delivery of products ordered online takes place at the address indicated by the customer.
  4. If the agreed price is not paid on time, Kore Beauty has the right to suspend its obligations until the agreed price is fully paid.
  5. In the event of late payment, the customer is automatically in default, and hereby they cannot object to late delivery by Kore Beauty.

Delivery Period

  1. Any delivery period specified by Kore Beauty is indicative and does not give the customer the right to dissolution or compensation if this period is not met unless the parties have expressly agreed otherwise in writing.
  2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of their order from Kore Beauty.
  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Kore Beauty cannot deliver within 14 days after the customer has urged them to do so in writing or if the parties have agreed otherwise.

Actual Delivery

The customer must ensure that the actual delivery of the products ordered by them can take place in time.

Transport Costs

Transport costs are paid by the customer, unless the parties have agreed otherwise.

Packaging and Shipping

  1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Kore Beauty may not be held liable for any damage.
  2. If the customer themselves takes care of the transport of a product, they must report any visible damage to products or the packaging prior to the transport to Kore Beauty, failing which Kore Beauty cannot be held liable for any damage.

Insurance

  1. The customer undertakes to insure and keep insured the following items adequately against fire, explosion, and water damage as well as theft:
    • Goods delivered that are necessary for the execution of the underlying agreement.
    • Goods being the property of Kore Beauty that are present at the premises of the customer.
    • Goods that have been delivered under retention of title.
  2. At Kore Beauty’s first request, the customer will provide the policy for these insurances for inspection.

Storage

  1. If the customer orders products later than the agreed delivery date, the risk of any loss of quality caused by the extended storage of the products is entirely at the customer’s expense.
  2. Any additional costs as a result of the premature or delayed purchase of products are entirely at the customer’s expense.

Assembly / Installation

Although Kore Beauty makes every effort to perform all assembly and/or installation work to the best of its ability, it does not bear any responsibility for this, except in the case of intent or gross negligence.

Guarantee

  1. When parties have entered into an agreement with services included, these services only contain best-efforts obligations for Kore Beauty, not obligations of results.
  2. The guarantee concerning products only applies to defects caused by faulty manufacture, construction, or material.
  3. The guarantee does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence, or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
  4. The risk of loss, damage, or theft of the products that are the subject of an agreement between the parties will be transferred to the customer at the moment the goods are legally and/or actually delivered, or at the moment these products are in the power of the customer or a third party who is taking care of the product on behalf of the customer.

Exchange

Exchange is only possible if the following conditions are met:

  1. Exchange takes place within 14 days after purchase upon presentation of the original invoice.
  2. The product is returned in its original packaging or with the original (price) tags still attached.
  3. The product has not been used.

Indemnity

The customer indemnifies Kore Beauty against all third-party claims that are related to the products and/or services supplied by Kore Beauty.

Complaints

  1. The customer must examine a product or service provided by Kore Beauty as soon as possible for possible shortcomings.
  2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Kore Beauty of this as soon as possible, but in any case, within 1 month after the discovery of the shortcomings.
  3. Consumers must inform Kore Beauty of this within two months after detection of the shortcomings.
  4. The customer gives a detailed description as possible of the shortcomings, so that Kore Beauty is able to respond adequately.
  5. The customer must demonstrate that the complaint relates to an agreement between the parties.
  6. If a complaint relates to ongoing work, this can in any case not lead to Kore Beauty being forced to perform other work than has been agreed.

Giving Notice

  1. The customer must provide any notice of default to Kore Beauty in writing.
  2. It is the responsibility of the customer that a notice of default actually reaches Kore Beauty (in time).

Joint and Several Customer Liabilities

If Kore Beauty enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Kore Beauty under that agreement.

Liability of Kore Beauty

  1. Kore Beauty is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
  2. If Kore Beauty is liable for any damage, it is only liable for direct damages that result from or are related to the execution of an agreement.
  3. Kore Beauty is never liable for indirect damages, such as consequential loss, lost profit, lost savings, or damage to third parties.
  4. If Kore Beauty is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the amount of the damage, the liability is limited to the (part of the) invoice amount to which the liability relates.
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and apply only approximately and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry Period

Any right of the customer to compensation from Kore Beauty shall, in any case, expire within 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.

Dissolution

  1. The customer has the right to dissolve the agreement if Kore Beauty imputably fails to fulfill its obligations unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
  2. If the fulfillment of the obligations by Kore Beauty is not permanent or temporarily impossible, dissolution can only take place after Kore Beauty is in default.
  3. Kore Beauty has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if circumstances give Kore Beauty good grounds to fear that the customer will not be able to fulfill its obligations properly.

Force Majeure

  1. In addition to the provisions of Article 6:75 Dutch Civil Code, a shortcoming of Kore Beauty in the fulfillment of any obligation to the customer cannot be attributed to Kore Beauty in any situation independent of the will of Kore Beauty, when the fulfillment of its obligations to the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be expected from Kore Beauty.
  2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to – in the following circumstances: emergency situations such as civil war, insurrection, riots, natural disasters, etc.; non-delivery, failure to deliver on time, or sound delivery by suppliers; the unavailability of materials, internet, data traffic, and/or telecommunication facilities; government measures; unforeseen transport problems; bad weather conditions.
  3. If a situation of force majeure arises as a result of which Kore Beauty cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Kore Beauty can comply with it.
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
  5. Kore Beauty does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the Agreement

If, after the conclusion of the agreement for its implementation, it appears necessary to change or supplement its content, the parties shall adjust the agreement accordingly in a timely manner and in mutual consultation.

Changes in the General Terms and Conditions

  1. Kore Beauty is entitled to amend or supplement these general terms and conditions.
  2. Changes of minor importance can be made at any time.
  3. Major changes in content will be discussed by Kore Beauty with the customer in advance as much as possible.
  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of Rights

  1. The customer cannot transfer its rights deferring from an agreement with Kore Beauty to third parties without the prior written consent of Kore Beauty.
  2. This provision applies as a clause with property law effect as referred to in Section 3:83(2) Dutch Civil Code.

Consequences of Nullity or Annulability

  1. If one or more provisions of these general terms and conditions prove to be null and void or annulable, this will not affect the other provisions of these terms and conditions.
  2. A provision that is null or annulable shall in that case be replaced by a provision that comes closest to what Kore Beauty had in mind when drafting the conditions on that issue.

Applicable Law and Competent Court

  1. Dutch law is exclusively applicable to all agreements between the parties.
  2. The Dutch court in the district where Kore Beauty is established is exclusively competent in case of any disputes between the parties, unless the law prescribes otherwise.

Data Retention

Kore Beauty shall retain all customer data in accordance with the applicable Dutch data protection laws and regulations. This data will only be used for purposes necessary to the fulfillment of the agreement and will not be shared with third parties without prior consent from the customer, except where required by law.

Contact Information

For any questions or clarifications regarding these terms and conditions, please contact:

Kore Beauty Herengracht 123, 1015 BZ Amsterdam, The Netherlands Email: info@korebeauty.nl