Article 1. Applicability

1.1 These General Terms and Conditions apply to all offers, orders and agreements of Creative Cosmetics.

1.2 Accepting an offer or placing an order implies that you accept the applicability of these Terms and Conditions.

1.3 Deviations from the provisions of these Terms and Conditions may only be made in writing, in which case the other provisions shall remain in full force.

1.4 All rights and claims, as stipulated in these Terms and Conditions and in any additional agreements for the benefit of Creative Cosmetics, are also stipulated for the benefit of intermediaries and other third parties engaged by company name.

Article 2. Offers/agreements

2.1 All offers from Creative Cosmetics are without obligation and Creative Cosmetics expressly reserves the right to change prices, in particular when this is necessary on the basis of (legal) regulations. See also article 3.6.

2.2 An agreement will only be concluded after acceptance of your order by Creative Cosmetics. Creative Cosmetics is entitled to refuse orders or to attach certain conditions to the delivery, unless expressly stated otherwise. If an order is not accepted, Creative Cosmetics will notify this within ten (10) working days after receipt of the order.

Article 3. Prices and payments

3.1 The stated prices for the products and services offered are in Euros, including VAT and excluding handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.

3.2 Payment must be made without discount or compensation within fourteen (14) days after the invoice date for deliveries within the Netherlands, and within twenty-one (21) days after the invoice date for deliveries outside the Netherlands, unless otherwise agreed in writing.

3.3 Payment can be made by giro, advance payment or upon receipt (by cash on delivery). In case of payment by bank or giro, the date of payment is the date of crediting the giro or bank account of Creative Cosmetics.

3.4 If the payment term is exceeded, you will be in default from the day that payment should have taken place and from that day you will owe a late payment interest of 1% per month or part of a month on the outstanding amount. If payment takes place after a reminder by Creative Cosmetics, you will owe an amount of twenty-five euros (€ 25.00) in administration costs and if Creative Cosmetics outsources its claim for collection, you will also owe the collection costs, which are at least fifteen percent (15%) of the outstanding amount, without prejudice to the authority of bedrijfsnaam to claim the actual extrajudicial collection costs incurred instead.

3.5 If you are in default of any payment, Creative Cosmetics is entitled to suspend or terminate the relevant agreement and related agreements.

3.6 If the prices for the products and services offered increase in the period between the order and its execution, you are entitled to cancel the order or terminate the agreement within ten (10) days after notification of the price increase by Creative Cosmetics.

Article 4. Delivery

4.1 The delivery times stated by Creative Cosmetics are only indicative. Exceeding any delivery period does not entitle you to compensation or the right to cancel your order or terminate the agreement, unless the delivery period is exceeded to such an extent that you cannot reasonably be expected to maintain the agreement. In that case, you are entitled to cancel the order or terminate the agreement to the extent necessary.

4.2 Delivery of the products will take place at the place and time when the products are ready for shipment to you.

Article 5. Retention of title

5.1 Ownership of delivered products will only be transferred if you have paid everything you owe to Creative Cosmetics under any agreement. The risk regarding the products will already be transferred to you at the time of delivery.

Article 6. Intellectual and industrial property rights

6.1 You must fully and unconditionally respect all intellectual and industrial property rights that rest on the products supplied by company name.

6.2 Creative Cosmetics does not guarantee that the products delivered to you do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.

Article 7. Complaints and liability

7.1 You are obliged to examine upon delivery whether the products correspond to the agreement. If this is not the case, you must notify Creative Cosmetics thereof as soon as possible and in any case within seven (7) working days after delivery, or after the discovery could reasonably have been made, in writing/by email and with reasons.

7.2 If it is demonstrated that the products do not comply with the agreement, Creative Cosmetics has the choice to replace the products in question by returning them for new products or to refund the invoice value thereof.

7.3 If you do not wish to purchase a product for any reason, you as a private individual have the right to return the product to company name within seven (8) working days after delivery. Returns will only be accepted in this case if the packaging of the product is undamaged, whereby the costs for return shipments are also at your expense.

Article 8. Warranty

8.1 If Creative Cosmetics supplies products to the buyer, Creative Cosmetics is never obliged to provide a more extensive guarantee to the buyer than that which the company name can claim from its supplier. The guarantee period will be clearly stated on the website.

Complaints regarding externally visible defects must be submitted in writing in accordance with the contract conditions, but no later than 7 (seven) days after receipt of the goods by the client. For Consumers, a period of 14 (fourteen) days applies. Complaints received by Creative Cosmetics after the expiry of this period do not have to be processed by Creative Cosmetics. We offer a guarantee on our Creative Cosmetics brushes for up to six months after purchase!

Article 9. Orders/communication

9.1 Creative Cosmetics is not liable for any misunderstanding, mutilation, delay or improper receipt of orders and communications resulting from the use of the Internet or any other means of communication in the traffic between you and Creative Cosmetics, or between Creative Cosmetics and third parties, insofar as this relates to the relationship between you and Creative Cosmetics, unless and to the extent that there is intent or gross negligence on the part of Creative Cosmetics.

Article 10. Force Majeure

10.1 Without prejudice to its other rights, Creative Cosmetics has the right, in the event of force majeure, to suspend the execution of your order or to dissolve the agreement without judicial intervention, at its own discretion, by notifying you of this in writing and without Creative Cosmetics being obliged to pay any damages, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.

10.2 Force majeure means any shortcoming that cannot be attributed to Creative Cosmetics, because it is not its fault and cannot be attributed to it under the law, legal act or generally accepted views.

Article 11. Miscellaneous

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 another address in writing to which your orders should be sent.

11.2 If Creative Cosmetics has permitted deviations from these Conditions for a short or long period of time, either tacitly or otherwise, this shall not affect its right to subsequently demand immediate and strict compliance with these Conditions. You may never assert any right on the grounds that Creative Cosmetics applies these Conditions flexibly.

11.3 If one or more of the provisions of these Terms and Conditions or any other agreement with company name are in conflict with any applicable legal provision, the provision in question will lapse and will be replaced by a new legally permissible comparable provision to be determined by Creative Cosmetics.

11.4 Creative Cosmetics is authorized to use third parties in the execution of your order(s).

Article 12. Applicable law and competent court

12.1 All rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions, are exclusively governed by Dutch law.

12.2 All disputes between the parties will be submitted exclusively to the competent court in the Netherlands.

Data Creative Cosmetics

Creative Cosmetics BV
Leimuiderdijk 276
2154 MP Burgerveen
www.creativecosmetics.nl
info@creativecosmetics.nl
VAT: NL865917486B01
KvK: 92175309