General terms & conditions
Article 1. General provisions
1.1 These general terms and conditions apply to all offers, agreements and all subsequent actions relating to the sale and delivery of products through the internet site of Hola Cosmetica to you, the customer. Your terms and conditions are expressly rejected.
1.2 Accepting offers or placing orders on the internet site of Hola Cosmetica implies acceptance of the applicability of these terms and conditions.
1.3 Should any provision in these general terms and conditions be null and void or destroyed, the remaining provisions will remain in force.
1.4 Deviations or additions to these terms and conditions are only valid when agreed in writing.
Article 2. When is there an agreement?
2.1 All offers of Hola Cosmetica are without obligation and valid for 14 days, unless the agreement states otherwise.
2.2 When you place an inquiry or order and it is confirmed in writing by Hola Cosmetica the agreement is established.
2.3 If an amendment to the agreement results in higher costs, Hola Cosmetica may pass these costs on to you.
2.4 You cannot derive any rights from previous offers or advertising material made by Hola Cosmetica.
Article 3. How does delivery work?
3.1 Hola Cosmetica will deliver each performance as agreed in writing and Hola Cosmetica may use third parties for this purpose.
3.2 The agreed delivery time is not a deadline. Deadlines are approximate and have been established based on data and circumstances known to Hola Cosmetica upon entering into the agreement.
3.3 If you have not yet fulfilled all (payment) obligations in relation to this agreement, Hola Cosmetica is entitled to postpone the delivery obligation until you have fulfilled all (payment) obligations.
3.4 Delivered goods remain the property of Hola Cosmetica until you have fulfilled all obligations under the agreement.
Article 4. What can you expect from Hola Cosmetica?
4.1 Hola Cosmetica will represent your interests to the best of its ability.
4.2 Hola Cosmetica will keep you informed about the execution of the work when requested by you.
4.3 When you timely report that the delivered goods do not comply with the agreement, Hola Cosmetica will make the necessary repairs or provide a replacement product as soon as possible.
4.4 Hola Cosmetica will keep all your data confidential, insofar as Hola Cosmetica should know the data to be confidential.
Article 5. What are your obligations?
5.1 You must provide Hola Cosmetica with all data, which Hola Cosmetica needs to properly carry out its activities, in a timely and complete manner. You guarantee the accuracy of these data.
5.2 You are obliged to inspect and check delivered goods immediately upon receipt. Any objections, faults or defects should be reported to Hola Cosmetica immediately in writing or in case of a consumer distance purchase within the cooling-off period mentioned in article 7.1. Without such notification, the relevant goods shall be deemed to have been delivered without damage, defects or faults and Hola Cosmetica shall be deemed to have delivered the performance in accordance with the agreement.
5.3 Complaints relating to not immediately visible defects and/or faults should be reported in writing to Hola Cosmetica immediately upon discovery so that Hola Cosmetica is able to investigate the accuracy of such complaint and make repairs if necessary. The choice to repair or replace a product lies with Hola Cosmetica.
5.4 If any delay occurs in the performance of the contract and such delay is attributable to you, all costs and damages arising therefrom will be at your expense and risk. Also, in case of a complaint about the product, shipping costs will be at your expense.
5.5 All instructions on the packaging and leaflets are to be followed by you, for deviating use of the product and any damage caused by this you cannot hold Hola Cosmetica liable.
Article 6. How do you pay for Hola Cosmetica's products?
6.1 You pay by payment by online payment order.
6.2 You have no authority to offset.
6.3 If you do not pay within the agreed period you will owe interest immediately after the due date of the invoice. This interest will be equal to the legal interest rate. You will then also have to pay all (extra)judicial collection costs of Hola Cosmetica. These costs will be calculated on the basis of the Decree on compensation for extrajudicial collection costs. If Hola Cosmetica has to incur more costs, it may charge you for the actual costs incurred.
6.4 Hola Cosmetica is authorized to change the terms of payment if it considers that your financial position or your payment behavior or the nature of the relationship with you gives cause to do so.
6.5 When you pay by credit card, credit card details will be verified before payment is made. Products will be shipped only to the address provided by you as the address of credit card holder.
Article 7. When and how does the agreement end?
7.1 As a consumer you have the possibility to dissolve the agreement based on your right of withdrawal, 14 days after receipt of the product, without giving reasons. If you want to do this you have to notify Hola Cosmetica in writing within the withdrawal period or by filling in the model withdrawal form that can be found on the site.
7.2 During the withdrawal period you should handle the product and packaging with care, you may only handle and inspect the product as you would be allowed to do in a store. Should by your way of handling the product and packaging, the product decrease in value then you should compensate this decrease in value to Hola Cosmetica.
7.3 When you dissolve the agreement within the 14 day withdrawal period you should return the product(s) to Hola Cosmetica as soon as possible, but at the latest within 14 days from the day of withdrawal. This should be done in the original, undamaged packaging. Opened or damaged packaging will not be taken back. Opening the packaging means that you wish to keep the products.
7.4 If you have exercised your right of withdrawal and the product(s) have been received back by Hola Cosmetica, Hola Cosmetica will refund your payments via the same means of payment you used.
7.5 The following products are not covered by the above mentioned reflection period:
- products brought about by the entrepreneur in accordance with specifications of the buyer;
- products that are clearly personal in nature;
- products that cannot be returned due to their nature;
- products that spoil or age quickly;
- products whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- loose newspapers and magazines;
- audio and video recordings and computer software of which the Buyer has broken the seal.
- hygienic products of which the Buyer has broken the seal;
- products whose packaging is clearly damaged or which are no longer in their original packaging.
7.6 If the contract is terminated by you due to a cause attributable to you, or if the contract is cancelled by you outside your right of withdrawal, you shall be obliged to reimburse all costs incurred by Hola Cosmetica and bear all resulting financial consequences (e.g. loss of profits) for Hola Cosmetica due to the non-performance of the contract.
7.7 Hola Cosmetica may immediately, without prior notice to you, suspend or rescind the performance of the contract in whole or in part, if:
- you fail to fulfill your obligations under the agreement (in a timely manner);
- there is bankruptcy, (provisional) suspension of payments, receivership, debt restructuring or shutting down, liquidation or full or partial transfer of your business.
7.8 Hola Cosmetica is then not required to pay damages to you and is additionally entitled to claim damages and/or payment itself.
7.9 In all the above cases, all claims of Hola Cosmetica against you shall become immediately due and payable, and you shall be obliged to return the delivered goods immediately.
Article 8. How to use the internet site and My Account?
8.1 All prices and rates mentioned on the Internet site and mailings of Hola Cosmetica are exclusive of VAT and subject to price changes, programming and typing errors.
8.2 Product images may not always correspond to the appearance of the delivered products. In particular, changes in the appearance and packaging of the products may occur after assortment renewals by the manufacturer. You cannot complain about any defects found if the aforementioned changes to the product are concerned.
8.3 All intellectual property rights, including, but not limited to, copyrights, trademark rights and database rights, to the information, texts, images, logos, photographs and illustrations on the internet site and to layout and design of the internet site belong to Hola Cosmetica and/or its licensors. You should refrain from any infringement thereof, including making copies of the website other than technical copies needed for the use of the website.
8.4 The information on the Internet site is compiled and maintained by Hola Cosmetica with continuous care and attention. However, errors cannot always be prevented. No rights can therefore be derived in any way from the information provided on the internet site. Hola Cosmetica accepts no liability for damages resulting in any way from the use of the Internet site or from the incompleteness and/or inaccuracy of the information provided on the Internet site and/or damages resulting from the (temporary) unavailability of the Internet site.
8.5 Hola Cosmetica bears no responsibility for photographs, descriptions and other information material on the internet site, which are issued by third parties.
8.6 When you apply for an account with Hola Cosmetica, you will receive a username and password upon approval. These data are strictly confidential and for your own use only.
8.7 By applying for an account you guarantee that you are authorized to make orders.
Article 9. When is force majeure and what are the consequences?
9.1 Force majeure means that there are circumstances that make it impossible for Hola Cosmetica to perform its services, in a timely manner or properly, without the fault of Hola Cosmetica. Force majeure includes, for example: fire, theft, acts of war, molestation, riot, strike, occupation, business disturbance, war, severe weather, situations of actual inaccessibility of work, change in regulations and failure to perform by a supplier.
9.2 In case of force majeure, Hola Cosmetica may suspend the performance of the agreement or dissolve the agreement (in part) without having to pay damages to you.
Article 10. Who is liable for what?
10.1 You should report changes of address and other personal data to Hola Cosmetica in writing no later than 14 days before the effective date of the relevant change. All consequences arising from late notification of (address) changes are entirely at your expense and risk.
10.2 Hola Cosmetica provides its services to the best of its knowledge and ability. However, Hola Cosmetica cannot guarantee that a desired result will be achieved at any given time.
10.3 If Hola Cosmetica is liable, such liability shall be limited to the amount paid out in respect of such damages by Hola Cosmetica's business liability insurance. If the maximum insured amount exceeds the amount of the order, Hola Cosmetica shall only be liable up to the amount of the order related to the services rendered.
10.4 If you are sued for damages by a third party, you cannot pass on this claim to Hola Cosmetica.
Article 11. Complaints and disputes
11.1 Are you not satisfied with our services? We would appreciate it if you let us know first so we can take your complaint seriously. In order for us to handle the complaint properly, the complaint must be submitted to Hola Cosmetica within two months after you became aware of the complaint.
11.2 Should a dispute still arise, you should apply to the competent court of East Brabant. The possibility to start a dispute in court expires after one year after the reason for the dispute arose.
Article 12. Applicable law
Dutch law applies to all agreements and these general terms and conditions and actions arising from them.