Terms and Conditions

Article 1: Applicability

1.1

These general terms and conditions of delivery apply to all offers and agreements whereby Magnetic Nail Design B.V. and its affiliated companies sell and deliver goods and/or services to professional customers, i.e. not consumers, including its dealers, unless expressly agreed otherwise in writing between the parties.

1.2

In these general terms and conditions Magnetic Nail Design B.V. and its affiliated companies that use these general terms and conditions are referred to as “seller”, while the other party is referred to as “customer”.

1.3

Any purchase or other conditions of customers do not apply, unless they have been explicitly accepted by the seller in writing.

1.4

An explicit written acceptance of a deviation from the general terms of delivery or a part thereof is only binding for the seller for that one specific transaction.

1.5

If any part of these general terms and conditions is deemed void by the competent court or otherwise found not binding, the other parts of these general terms and conditions will remain in full force.

Article 2: Cancellation

If the customer wishes to cancel after an agreement has been finalized, 20% of the order price will be charged as cancellation costs. Seller always has to receive full payment of the agreement or full compensation including lost profit.

Article 3: Offers

3.1

All offers in whatever form, where not expressly stated to the contrary, are entirely without obligation.

3.2

Acceptance of a fixed offer only binds the seller if the relevant message from the buyer has reached it within ten days of the day on which the offer was dated.

3.3

The seller reserves the right to refuse orders without stating reasons or to deliver on terms of ‘cash on delivery’.

Article 4: Delivery

4.1

The delivery time stated by the seller will be adhered to as much as possible, but is not binding. Exceeding the delivery time does not release the customer from his obligations under the agreement. Nor is the customer then entitled to compensation or has the right to demand termination of the agreement.

4.2.

Unless otherwise agreed, goods are delivered door to door and not free of charge, on the understanding that the goods travel at the risk of the customer.

4.3

The customer is obliged to except the goods immediately after completion or after receiving notification from the seller that they are available to the customer. This also applies to parts of orders. If deferred payment has been agreed, the seller is from that moment entitled to invoice the goods concerned.

4.4

If the goods are to be wholly or partly stored by the seller as a result of late collection after completion, the costs of storage as well as those of insurance of the goods will be charged to the customer.

Article 5: Prices

5.1

Unless stated otherwise, the seller's prices are exclusive of VAT.

5.2

The seller can charge all costs incurred which are directly or indirectly related to the execution of the order and which have been carried out with the consent of the buyer.

Article 6: Payment

6.1

All payments must be made in advance. If payment on invoice has been agreed, the invoice must be paid within fourteen days of the invoice date, without compensation or suspension and without deduction of costs or discounts.

6.2

Payments are always deemed to have been made to settle the outstanding interest, the collection costs and subsequently the oldest outstanding invoice.

6.3

If the creditworthiness of the buyer gives cause to do so, in the sole opinion of the seller, the seller may demand payment in advance, cash on delivery or request further security measures. When buyer fails to do so the seller has the right to suspend the agreement.

Article 7: Interest and costs

7.1

If the customer does not pay within the aforementioned period, it is considered to be in default by operation of law and the seller has the right, without any further notice of default, to charge interest of 1% per month on the outstanding amount from the due date, whereby part of a month counts for a whole month.

7.2

If the customer fails to pay the claim, the claim can be released to a judicial third party, in which case the customer, in addition to the total amount then owed, will also be obliged to pay the extra judicial collection costs, the amount of which is set at 15%. of the total amount with a minimum of EUR 250 and of any costs, without prejudice to the seller's right to claim the damage actually suffered.

Article 9: Destruction or termination

If the customer does not fulfill his obligations towards the seller, or is placed under legal guardianship with a trustee or applies for debt rescheduling or applies for a deferral of payment for legal persons, or is declared bankrupt, the seller has the right without notice of default or judicial intervention is required to declare the agreement concluded between the parties dissolved or to suspend fulfillment of its obligations, without prejudice to all other rights it is entitled to.

Article 10: Guarantees

10.1

The seller does not give any guarantees with regard to the quality and/or hidden defects of the goods sold. Before use, the customer and its customers must carefully study the instructions for use and any warnings on the packaging.

10.2

The customer is aware that some products can cause allergic reactions to a limited number of users. Resale or use for the benefit of the customer's company takes place under the sole responsibility of the professional customer. He/she should only use the products if he/she can act judiciously and adequately trained.

10.3

The customer is deemed to have fully inspected the goods purchased by him/her in advance or to have them inspected. Under penalty of forfeiture of rights, complaints must be reported in writing and documented to the seller within 8 days.

Article 11: Liability

11.1

The seller is never liable for any disadvantage that the customer will suffer as a result of any defect in the goods sold or any other shortcoming in the fulfillment of the obligations under the agreement, including loss of profits and third-party claims. This is only different in case of intent or gross negligence on the part of the seller.

11.2

In the first instance, the liability of the seller will be limited to the delivery of replacement goods or, in the case of electrical equipment, to the repair thereof. Only in the second instance will full or partial crediting of the purchase price take place. Under no circumstances can the seller be held liable for higher compensation than the net invoice amount value of the agreement as a result of any disadvantage suffered by the customer.

Article 12: Force majeure

12.1

If the seller is prevented from executing the order due to force majeure, it is entitled to suspend delivery until the relevant force majeure has ceased to exist or to cancel the order in whole or in part, without being obliged to pay any compensation.

12.2

Force majeure is understood to mean any circumstance, as a result of which execution of the order cannot reasonably be expected from the seller, including: war, strike, business failure, shortage of raw materials, materials and employees, accidents, transport difficulties, default of suppliers of the seller, mobilization, martial law, quarantine, epidemics, riots and import or export barriers and other impediments by government measures or regulations, or by weather conditions.

Article 13: Disputes

13.1

The agreement or further agreements to implement it, in whatever form and whatever language they are or will be entered into, are exclusively governed by Dutch law.

13.2

Any dispute regarding these general terms and conditions and the agreements to which these terms and conditions apply, as well as any other dispute in respect of or in connection therewith, will be settled by the competent court in the place of business of the seller. The seller has the right to bring the matter to the competent court in the place of residence of the customer

Article 14: Conversion

In the event that the competent court annuls one or more of the conditions of this general terms and conditions in whole or in part, or at any rate leaves them inapplicable, the seller and the customer already agree now that they must be considered on the basis of article 3:42 of the Dutch Civil Code that to have agreed a provision that was closest to the effect of the void original clause that is legally permissible.