General terms and conditions

Article 1. Applicability
1.1 These General Terms and Conditions apply to all promotions, orders and agreements of and with Creative Cosmetics.
1.2 Accepting a promotion or placing an order means that you accept the applicability of these Terms and Conditions.
1.3 The provisions of these Conditions can only be deviated from in writing, in which case the other provisions shall continue to apply.
1.4 All rights and claims, as stipulated in these Terms and Conditions and in any further agreements for the benefit of Creative Cosmetics, are also stipulated for the benefit of intermediaries engaged by Creative Cosmetics and other third parties.

Article 2. Promotions/agreements

2.1 All promotions offered by Creative Cosmetics are free of obligation and Creative Cosmetics retains the express right to change the prices, in particular when this is required on the basis of (statutory) regulations. See also article 3.6.
2.2 An agreement is only concluded after acceptance of your order by Creative Cosmetics. Creative Cosmetics is entitled to refuse orders or attach certain conditions to the delivery, unless explicitly stipulated otherwise. If an order is not accepted, this will be communicated by Creative Cosmetics within ten (10) business days of receiving the order.

Article 3. Prices and payments

3.1 The prices specified for the offered goods are in euros, including VAT and excluding administration and shipment fees, any applicable taxes or other duties, unless specified otherwise or agreed in writing.
3.2 Payment must be made without discount or compensation within fourteen (14) days after the invoice date if it concerns deliveries within the Netherlands, and within twenty-one (21) days after the invoice date if it concerns deliveries outside the Netherlands, unless agreed otherwise in writing.
3.3 Payment can be made per transaction form, prepayment or upon receipt (by cash on delivery). In case of payment by bank or transaction form, the applicable date of payment is the date of the credit entry in the giro or bank account of Creative Cosmetics.
3.4 If the term of payment is exceeded, you are in default from the date that the payment should have been made and will be obliged to pay interest for overdue payment of 1% per month or part of a month over the outstanding amount. If payment is made after a demand for payment has been made by Creative Cosmetics, you must pay an amount of twenty five euros (€25) for administration fees and if Creative Cosmetics has contracted out the payment collection, the client must also pay the collection charges, which will be a minimum of fifteen percent (15%) of the outstanding amount, without prejudice to the discretion of Creative Cosmetics to claim the actual extra judicial collection costs instead.
3.5 If you are in default of any payment, Creative Cosmetics is entitled to suspend or dissolve (the fulfilment of) the relevant agreement and related agreements.
3.6 If the prices of the offered products and services increase during the period between the order and its execution, you are entitled to cancel the order or dissolve the agreement within ten (10) business days of being notified by Creative Cosmetics of the price increase.

Article 4. Delivery

4.1 The delivery times specified by Creative Cosmetics are only intended as an indication. Exceeding of any delivery time does not entitle you to compensation, to cancel the order or to dissolve the agreement, unless the delivery time has been exceeded to the extent that it is no longer reasonable for you to be expected to maintain the agreement. In that case, you are entitled to cancel the order or dissolve the agreement, if necessary.
4.2 The delivery of the products takes place at the location and time at which the products are ready for shipment to you.

Article 5. Retention of title

5.1 Ownership of the delivered products is transferred only after you have paid all amounts due to Creative Cosmetics, in accordance with any agreements. The risks related to the products pass to the client at the moment of delivery.

Article 6. Intellectual and industrial property rights

6.1 You are expected to respect completely and unconditionally the intellectual and industrial property rights attached to the products supplied by Creative Cosmetics.
6.2 Creative Cosmetics does not guarantee that the products delivered to you do not infringe on any (unwritten) intellectual and/or industrial property rights of third parties.

Article 7. Complaints and liability

7.1 You are obliged to check upon delivery if the products are in conformity with the agreement. If this is not the case, you must notify Creative Cosmetics of this as soon as possible, but in any case within seven (7) business days after the delivery, or at least after the discovery was reasonably possible, in writing/per email and with proper motivation.
7.2 If it is established that the products do not comply with the agreement, Creative Cosmetics has the choice of replacing the products concerned with new products or refunding the invoiced amount.
7.3 If you do not wish to accept the delivery of a product for whatever reason, as a client you are entitled to return the product to Creative Cosmetics within seven (7) business days of delivery. In this case, return shipments will only be accepted if the packaging is undamaged, and shipping costs are borne entirely by the client.

Article 8. Warranty

8.1 If Creative Cosmetics delivers products to the customer, Creative Cosmetics shall never be obliged to provide a further warranty to the customer than that which Creative Cosmetics can claim from its supplier. Warranty period will be clearly stated on the website.
Complaints due to outwardly visible defects must be submitted in writing by the client in accordance with the contract conditions, but no later than within 7 (seven) days of receipt of the goods. A period of thirty (30) days applies to Consumers. Complaints received by Creative Cosmetics after the expiry of this period do not have to be processed by Creative Cosmetics.

Article 9. Orders/communication

9.1 Unless there is demonstrable intent or gross negligence on the part of Creative Cosmetics, Creative Cosmetics is not liable for mistaken, corrupted, delayed or the improper transfer of orders or notifications as a consequence of the use of internet or any other form of communication between you and Creative Cosmetics, or between Creative Cosmetics and third parties, to the extent they are related to the relationship between the client and Creative Cosmetics.

Article 10. Force majeure

10.1 Without prejudice to other rights to which it is entitled, in the case of force majeure, Creative Cosmetics has the right, if they so desire, to suspend the execution of the order or dissolve the agreement without judicial intervention, by notifying you in writing and without Creative Cosmetics being liable for any compensation, unless this would be unacceptable according to the standards of reasonableness and fairness under the given circumstances.
10.2 Force majeure is understood to mean every shortcoming that cannot be attributed to Creative Cosmetics, because no blame is attributable to them and they cannot be held responsible pursuant to the law, legal act or generally accepted practice.

Article 11. Various

11.1 If you provide Creative Cosmetics with an address in writing, Creative Cosmetics is entitled to send all orders to that address, unless you provide Creative Cosmetics with a written notice of another address to which your orders are to be sent.
11.2 If Creative Cosmetics permits deviations from these Terms and Conditions for a short or longer period, whether or not tacitly, this shall not affect their right to demand immediate and strict compliance with these Terms and Conditions. You cannot derive any right from the fact that Creative Cosmetics relaxes one or more of the Terms and Conditions.
11.3 If one or more of the provisions of these Terms and Conditions or any other agreement with Creative Cosmetics should be in conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new legally permissible, comparable provision by Creative Cosmetics.
11.4 Creative Cosmetics is authorised to use third parties for the delivery of your order(s).

Article 12. Applicable law and competent court

12.1 These Terms and Conditions and all rights, obligations, promotions, orders and agreements to which these Terms and Conditions are applicable, are governed exclusively by Dutch law.
12.2 All disputes between the parties will be referred exclusively to the competent court in the Netherlands.

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