Article 1: General provisions/applicability
1.1 These General Terms and Conditions apply to all Service(s) and Products of Garcia’s Nail Care BV (hereinafter: “GNC”), established in Zeewolde (Chamber of Commerce no. 78584264).
1.2 In particular, these General Terms and Conditions shall be deemed to form part of all offers made by GNC and of the Agreement, even if third parties must be involved in their implementation.
1.3 These General Terms and Conditions always apply, insofar as GNC and the Contracting Party have not jointly deviated therefrom expressly and in writing.
1.4 GNC expressly excludes the applicability of any general terms and conditions of the Contractor.
1.5 These general terms and conditions were drawn up on 01-01-2022 and contain 7 pages.
Article 2 : Definitions
2.1 In these Terms and Conditions, the following terms are used in the following
meaning used unless expressly stated otherwise:
2.2 Company : The Other Party acting in the course of a business or profession.
2.3 Consumer : The Other Party not acting in the course of a business or profession.
2.4 Distance purchase: The agreement between the other party and GNC, whereby in the context of
a distance selling system organized by the GNC, until the closing of the
agreement only one or more techniques are used for
remote communication, such as a website, telephone or other means of communication.
2.5 Agreement : Any agreement/purchase concluded between GNC and the other party.
2.6 Product : All items that are the subject of the agreement or sale concluded between the
Counterparty and GNC.
2.7 Counterparty : The party that has accepted these general terms and conditions and has the product
decreased. The Other Party means both Consumers and Companies.
Article 3 : Scope
3.1 These General Terms and Conditions apply to every offer, quotation and Agreement concluded between GNC and the Other Party, unless the parties have expressly deviated from these General Terms and Conditions in writing.
3.2 These General Terms and Conditions also apply to agreements with GNC, for the execution of which third parties must be involved.
3.3 The applicability of any purchase or other General Terms and Conditions of the Other Party is expressly rejected.
3.4 If it appears that one or more provisions in these General Terms and Conditions are null and void or voidable, the General Terms and Conditions will remain in effect for all the rest. In the event of this situation, GNC and the Other Party will consult with the aim of agreeing new provisions to replace the void or voided provisions.
3.5 Deviations from the Agreement and General Terms and Conditions are only valid if they have been expressly agreed in writing with GNC.
Article 4 : Offers
4.1 Offers are made via the webshop, in writing and/or electronically,
unless urgent circumstances make this impossible.
4.2 All offers from GNC are without obligation, unless the offer specifies a term for
acceptance has been made. If a term for acceptance has been set in the offer
the offer expires when this period has expired.
4.3 The offers are valid while stocks last.
4.4 GNC cannot be held to its offers if the Other Party, according to terms
of reasonableness and fairness and generally accepted views in society
should understand that the offer or a part thereof contains an obvious mistake or error.
4.5 If the acceptance, whether or not on minor points, deviates from the
offer included in the offer, then GNC is not bound by it. The agreement
shall not be formed in accordance with this deviating acceptance, unless otherwise agreed by GNC
indicates.
4.6 A composite quotation does not oblige GNC to deliver part of the
goods included in the offer against a corresponding part of the quoted price.
4.7 Offers do not automatically apply to future orders or Reorders.
Article 5 : Establishment of agreement
5.1 The Agreement is concluded by timely acceptance by the Other Party of the
offering from GNC.
5.2 The Other Party will provide all information or instructions that are necessary for the
performance of the Agreement or of which the Other Party should reasonably understand
that they are necessary for the performance of the Agreement, to GNC.
5.3 If the foregoing information and instructions are not provided or not provided on time, then
GNC has the right to suspend performance of the Agreement. The extra costs that
incurred as a result of the delay shall be borne by the Other Party.
Article 6 : Prices
6.1 With regard to the Other Party in the capacity of Consumer, the
prices expressed in euros, including VAT and other government levies, unless
otherwise indicated.
6.2 With regard to the Other Party in the capacity of Company, the prices are in euros
expressed excluding VAT and other government levies, unless stated otherwise.
6.3 The prices are (inclusive/exclusive) of packaging, delivery or shipping costs, unless otherwise
indicated.
6.4 A surcharge will be charged for shipments abroad.
6.5 GNC will pay the
the other party to make a statement or provide information on the basis of which these costs are charged by the
counterparty can be calculated.
6.6 GNC may charge additional costs for the method of payment. The prices and/or rates are
excluding additional costs for the payment method.
6.7 GNC will only charge the actual costs for the relevant payment method.
Article 7 : Price change
7.1 If GNC agrees with the Other Party on a fixed price at the conclusion of the Agreement
agreement, GNC is entitled to increase the price, even if the price was originally
is not subject to reservation.
7.2 If GNC intends to change the price, it will inform the Other Party of this as soon as possible
possibly informed.
7.3 If a price increase takes place within three months after the conclusion of the
Agreement, the Other Party can terminate the Agreement by written statement
dissolve, unless:
- the price increase arises from a power or an obligation resting on GNC under the law;
- GNC is still willing to perform the Agreement on the basis of what was originally agreed;
- it is stipulated that the delivery will take place more than three months after the purchase
- The Other Party is entitled to dissolve the Agreement if the price is increased more than three months after the Agreement was concluded, unless the Agreement stipulates that delivery will take place more than three months after the purchase.
Article 8 : Distance purchase
8.1 This provision only applies to the Other Party in the capacity of consumer
8.2 In the case of distance selling, delivery must take place within thirty calendar days at the latest
occur. GNC aims to deliver within 48 hours after the order has been correctly placed.
8.3 In the case of distance selling, the Other Party has the right to terminate the Agreement for a period of time
fourteen calendar days after receipt of the goods delivered by the GNC, without specification
of reasons, to revoke.
8.4 In the case of distance selling, the Other Party has the right to terminate the Agreement after thirty
calendar days if GNC has not delivered the product within thirty calendar days, unless the parties have agreed on a different delivery period.
8.5 If GNC has not fulfilled its obligation to provide information or data is not in the correct form
provided, the Other Party has the right to dissolve the Agreement during three months after receipt of the goods delivered by GNC, without giving reasons. If GNC still complies with the obligation to provide information within those three months, the period of fourteen calendar days will start to run on the day after it has complied with that obligation.
8.6 The Other Party can revoke the Agreement via the standard withdrawal form placed by GNC or in a manner chosen by the Other Party.
8.7 If the Other Party returns the delivered goods, the Other Party must return the goods in proper packaging, with all accessories supplied and in their original condition. The shipping costs of returning are at the risk and expense of the Other Party. This also applies to discounted items or the return of a partial order.
8.8 If the Other Party has exercised its right of withdrawal, the Other Party is obliged to return the goods within 14 calendar days because the Other Party has notified GNC that it is revoking the agreement.
8.9 If the Other Party has exercised its right of withdrawal, GNC will pay the full amount paid
amount including the paid shipping costs.
8.10 If the goods are not deliverable, GNC will notify the Counterparty as soon as possible
amount and will refund GNC the amount paid within fourteen calendar days at the latest.
If GNC and the Other Party agree that an item of similar quality and price
may be delivered, then the shipping costs for the return will be borne by
GNC. The foregoing only applies if the Other Party uses its
right of withdrawal during the cooling-off period
8.11 The provisions of this article do not apply if the Agreement relates to:
- products whose price is subject to fluctuations in the financial market over which GNC has no influence and which occur within the withdrawal period;
- sealed products of which the Other Party has broken the seal;
- hygienic products of which the Other Party has broken the seal;
- products that are already delivered within the cooling-off period with the consent of the Other Party;
- products that cannot be returned due to their nature;
- products that can spoil or age quickly;
- products of a personal nature;
- products that are custom made
Article 9 : Delivery
9.1 Delivery to the Other Party in the capacity of Consumer takes place because the item is placed in the power of the Other Party. After delivery, the risk of the item passes to the Other Party.
9.2 Delivery will take place at the address specified by the Other Party, unless otherwise agreed.
9.3 The Other Party is obliged to take delivery of the purchased goods at the time when they are handed over to it, unless this entails serious objections or unreasonable costs.
9.4 If the Other Party refuses to take delivery of the item at the place of delivery
take or is negligent in providing information or instructions, which
are necessary for the delivery, the goods intended for delivery
are stored at the risk and expense of the Other Party, after GNC has made the
the other party has been informed of this. In that case, the Other Party will
all additional costs are due.
Article 10 : Delivery terms
10.1 Delivery will take place within a period specified by the GNC.
10.2 If a term has been agreed or specified for the delivery of the item, then this term is
term is only indicative and can never be regarded as a deadline.
10.3 If GNC requires data or instructions from the Other Party that are necessary for the delivery, the delivery time will commence after the Other Party has provided these to GNC.
10.4 If the delivery term is exceeded, the Other Party must give GNC written notice of default
whereby GNC is still offered a reasonable period of time to deliver the item.
10.5 A notice of default is not necessary if delivery has become permanently impossible or if it has otherwise become apparent that GNC will not fulfill its obligations under the Agreement. If GNC does not deliver within this period, the Other Party has the right to dissolve the Agreement without judicial intervention and/or to demand compensation.
Article 11 : Consumer risk transfer
11.1 This provision only applies to the Other Party in the capacity of consumer
11.2 The goods that are the subject of the Agreement are for the account and risk of GNC until the time of making the goods available to the Other Party.
11.3 The risk of loss, damage or depreciation of goods that are the subject of the Agreement is transferred to the Other Party at the moment when goods are available to the Other Party or a third party to be designated by the Other Party.
11.4 If for any reason the Other Party is unable to take receipt of the product at the agreed time and the product is ready for transport, GNC will, if its storage facilities permit, at the request of the Other Party store, secure and all take reasonable measures to prevent deterioration in quality until they have been delivered to the Other Party.
11.5 The Other Party is obliged to reimburse GNC for the storage costs in accordance with GNC’s customary rate and, in the absence thereof, in accordance with the rate customary in the industry, from the time that the product is ready for shipment, or, if that is a later time is from the delivery date agreed in the Agreement.
Article 12 : Risk transfer companies
12.1 This provision only applies to the Other Party in its capacity as a company.
12.2 The goods that are the subject of the Agreement until the time of making the goods available to the Other Party at the expense and risk of GNC.
12.3 The risk of loss, damage or depreciation of goods that are the subject of the Agreement is transferred to the Other Party at the moment when goods are available to the Other Party or a third party to be designated by the Other Party.
12.4 If for any reason the Other Party is unable to take receipt of the product at the agreed time and it is ready for transport, GNC will, if its storage facilities permit, at the request of the Other Party store, secure and all take reasonable measures to prevent deterioration in quality until they have been delivered to the Other Party.
12.5 The Other Party is obliged to reimburse GNC for the storage costs in accordance with GNC’s customary rate and, in the absence thereof, in accordance with the rate customary in the sector, from the time that the product is ready for shipment, or, if that is a later time is from the delivery date agreed in the Agreement.
Article 13 : Payment
- Payment takes place by means of an IDEAL transfer at the time of purchase or
delivery, unless otherwise agreed.- The Other Party is not authorized to deduct any amount due from a counterclaim made by it.
- Objections to the amount of the invoice do not suspend the payment obligation.
- After the expiry of 14 days after the invoice date, the Other Party is in default by operation of law, without notice of default. From the moment of default, the Other Party owes interest of 2% per month on the amount due, unless the statutory interest is higher.
- In the event of bankruptcy, suspension of payment or receivership, the claims of GNC and the obligations of the Other Party towards GNC are immediately due and payable.
- If the Other Party is in default or in default in the (timely) fulfillment of its obligations, then all reasonable costs incurred in obtaining payment out of court will be borne by the Other Party.
- With regard to the extrajudicial (collection) costs, GNC is entitled, insofar as the Other Party acts in the capacity of a Company, contrary to Article 6:96 paragraph 5 of the Dutch Civil Code and the Extrajudicial Collection Costs Compensation Decree, to a compensation of 15 % of the total outstanding principal with a minimum of € 90 for each invoice that has not been paid in full or in part.
- With regard to the extrajudicial (collection) costs, GNC is entitled, insofar as the Other Party acts in the capacity of a Consumer, to the statutory maximum permitted compensation as determined in the Decree on compensation for extrajudicial (collection) costs.
- Insofar as the Other Party acts in the capacity of a Consumer, GNC is only entitled to compensation of the extrajudicial (collection) costs, after GNC has sent the Other Party a reminder to pay the outstanding invoice or invoices within 14 days after the default has occurred. .
- Any reasonable judicial and execution costs incurred will also be borne by the Other Party.
Article 14 : Retention of title
14.1 All goods delivered by GNC under the Agreement remain the property of GNC until the Counterparty has paid what it owes under the Agreement.
has been duly fulfilled and has been fulfilled in full.
14.2 The amount due also includes: the compensation of all costs and interest, including earlier and later deliveries and services provided, as well as claims for damages due to shortcomings in performance.
14.3 As long as the ownership of the delivered goods has not been transferred to the Other Party, the Other Party may
that which falls under the retention of title cannot be resold, pledged or transferred in any way
objections in any other way, except within the normal course of his/her business.
Article 15 : Suspension and dissolution
15.1 If the Client fails to fulfill an obligation under the Agreement, or fails to do so in full, on time or properly, GNC has the right to suspend the fulfillment of its obligations and/or GNC is authorized to dissolve the Agreement with immediate effect. Furthermore, GNC is authorized to suspend the fulfillment of its obligations and/or terminate the Agreement with immediate effect if:
15.1.1 circumstances have become known to GNC after the conclusion of the Agreement
that give good reason to fear that the Client will not fulfill its payment obligation
will fulfill
15.1.2 the Client is in arrears of payment for more than two months
15.1.3 the Client is declared bankrupt, a request for
suspension of payments, to apply for the debt restructuring natural
requests persons, is confronted with a seizure of his property
15.2 Termination takes place in writing and without judicial intervention. If the Agreement
is dissolved, the claims of GNC against the Client are immediately due and payable.
Article 16 : Force majeure
16.1 A shortcoming cannot be attributed to GNC or the Other Party, as the
shortcoming is not due to his fault, neither by law, legal act or in the
prevailing views are taken into account. In this case, the parties are also not
obliged to fulfill the obligations arising from the Agreement.
16.2 In these General Terms and Conditions, force majeure means, in addition to what is understood in that area in the law and jurisprudence, all external causes, foreseen or not
provided, over which GNC has no influence and as a result of which GNC is unable to provide the
fulfill obligations.
Article 17 : Guarantees
17.1 GNC guarantees that the delivered goods comply with the agreement. GNC also guarantees that the delivered goods meet the usual requirements and standards that can reasonably be imposed on them and that the goods have those properties that, taking all circumstances into account, are necessary for normal use.
17.2 The warranty stated in these General Terms and Conditions applies to use within and outside the Netherlands.
17.3 If the delivered item has been produced by a third party, the guarantee provided by this third party applies, unless stated otherwise.
17.4 If the delivered Product does not conform to the warranty, GNC will, upon notification thereof, replace or repair the Product free of charge within a reasonable time after receipt.
17.5 When the warranty period has expired, all costs for repair or replacement, including administration, shipping and call-out costs, will be borne by the Other Party.
17.6 Any form of guarantee will lapse if a defect has arisen as a result of improper use or lack of care, or it is a result of changes that the Other Party or third parties have made to the delivered goods. Nor is GNC responsible for any damage resulting from these defects.
17.7 The guarantee also lapses if the defect is caused by or is the result of circumstances beyond GNC’s control. These circumstances include weather conditions.
Article 18 : Liability
18.1 GNC is only liable for direct damage caused by deliberate recklessness or intent on the part of GNC.
18.2 GNC is never liable for indirect damage, including in any case consequential damage, lost profit, lost savings, business interruption or immaterial damage of the Other Party. In the case of consumer purchases, this restriction does not extend beyond what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
18.3 GNC is not liable for damage, of any nature whatsoever, because GNC relied on incorrect and/or incomplete information provided by the Other Party, unless this inaccuracy or incompleteness should have been known to GNC.
18.4 The limitations of liability contained in this article do not apply if the damage is due to intent or gross negligence on the part of GNC or its managerial subordinates.
18.5 If GNC should be liable for any damage, then the liability of GNC is limited to the amount up to twice the amount stated in the invoice or to the amount covered by the insurance taken out by GNC, plus the deductible that GNC in accordance with the insurance.
18.6 The Other Party must report the damage for which GNC can be held liable as soon as possible, but in any case within 10 days after the occurrence of the damage to GNC, all this under penalty of forfeiture of any right to compensation for this Damage.
18.7 Any liability claim against GNC lapses within one year after the Other Party became aware of the harmful fact or could reasonably have become aware of it.
Article 19: Indemnification
19.1 The Other Party indemnifies GNC against any claims from third parties who suffer damage in connection with the performance of the Agreement and which is attributable to the Other Party.
19.2 If GNC should be held liable by third parties, the Other Party is obliged to assist GNC both in and out of court. All costs and damage on the part of GNC and third parties are further for the account and risk of the Other Party.
Article 20: Limitation period
20.1 For all claims against GNC and third parties (if any) engaged by GNC, a limitation period of one year applies, contrary to the statutory limitation periods.
20.2 The foregoing does not apply to claims based on the delivered item not complying with the Agreement. In this case, the claims become time-barred after two years after the Counterparty has informed GNC about the defect of the delivered item.
Article 21: Complaints procedure
21.1 If the Other Party has a complaint about the Product, the Other Party can submit a complaint to GNC by e-mail
21.2 The Other Party must submit a complaint to GNC within two months after the moment the Other Party became aware of the existence of the complaint
21.3 GNC treats all complaints confidentially
21.4 If the Other Party has not fully or partially fulfilled its payment obligation, GNC will not deal with the Other Party’s complaint. Only when GNC has received payment will the complaint be processed
21.5 GNC will strive to handle the complaint within 14 working days.
Article 22: Privacy and cookies
22.1 GNC maintains a separate Privacy Policy on its website that states how GNC handles personal data. The cookies are also listed here. The document can be requested for inspection and is available on the website.
Article 23: Change of general terms and conditions
23.1 GNC has the right to unilaterally change these terms and conditions.
23.2 Changes will also apply to agreements already concluded.
23.3 GNC will inform the Other Party of the changes by e-mail.
23.4 The changes to the general terms and conditions will take effect thirty days after the Other Party has been informed of the changes.
23.5 If the Other Party does not agree with the announced changes, the Other Party has the right to dissolve the agreement.
Article 24: Amendment of general terms and conditions
24.1 All legal relationships to which GNC is a party are governed exclusively by Dutch law. This also applies if an obligation is wholly or partly performed abroad or if the Other Party has its place of residence abroad.
24.2 The applicability of the Vienna Sales Convention is excluded.