General terms and conditions
Article 1: Definitions
1. Capilli Extensions, located in Kerkrade, Chamber of Commerce number 70146055, is referred to as the seller in these general terms and conditions.
2. The counterparty of the seller is referred to as the buyer in these general terms and conditions.
3. The parties are the seller and buyer together.
4. The agreement refers to the purchase agreement between the parties.
Article 2: Applicability of general terms and conditions
1. These terms apply to all quotes, offers, agreements, and deliveries of services or goods by or on behalf of the seller.
2. Deviations from these terms can only be made if expressly and in writing agreed upon by the parties.
Article 3: Payment
1. The full purchase amount is always paid immediately in the webshop.
2. In the case of prepayment, you have up to 2 weeks to pay the amount. If the amount is not received by Capilli Extensions, your order will be automatically canceled.
Article 4: Offers, quotations, and price
1. Offers are without obligation, unless a period of acceptance is stated in the offer. If the offer is not accepted within that period, the offer expires.
2. Delivery times in offers and invoices are indicative and do not entitle the buyer to dissolution or compensation if exceeded.
3. Offers and quotations do not automatically apply to reorders. Parties must explicitly and in writing agree on this.
4. The price stated on offers, quotations, and invoices consists of the purchase price including the applicable VAT and any other government levies.
Article 5: Right of Withdrawal
1. The consumer has the right to dissolve the agreement without giving reasons within 14 days after receiving the order (right of withdrawal). The period starts from the moment the (entire) order is received by the consumer.
2. There is no right of withdrawal when the products are custom-made according to specifications (customized products) or are perishable.
3. The consumer can use a withdrawal form from the seller. The seller is obliged to make this available to the buyer immediately upon the buyer's request.
4. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the unused and undamaged product with all delivered accessories and in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the entrepreneur via our link exchange and return.
5. Warranty exists only insofar as the defects can be reasonably demonstrated by Capilli Extensions to be the result of non-corresponding use within the 14-day warranty period for an unused, untreated, and complete product.
6. From a hygienic point of view, Capilli Extensions reserves the right to void the warranty period if, in the expertise and opinion of Capilli Extensions, the products are no longer sellable.
7. Capilli Extensions offers a warranty on products that are defective within the 14-day warranty period, except in cases of intent or deliberate damage. The warranty applies to products that are unused, untreated, and complete in their original packaging.
8. The customer is aware that hair products fall under the category of cosmetics and, due to hygiene reasons, cannot be accepted by Capilli Extensions for exchange or return if the hair has been used, the packaging is damaged or resealed after damage, the product is damaged by the consumer, the golden seal is broken, or the return conditions of Capilli Extensions, as described on our page https://www.capilli-extensions.com/Ruilen-en-retourneren.
9. Capilli Extensions only refunds money if article 5.8 is complied with.
10. Shipping costs incurred to exchange or fully return goods are at the buyer's expense. If the package is not sent back by registered mail, this is at the buyer's own risk.
11. No revocation for independently making changes to the product by means of styling, coloring (dyeing) the hair, etc.
Article 6: Modification of the agreement
1. If during the execution of the agreement it appears necessary for proper execution of the assignment to modify or supplement the work to be performed, parties timely and in mutual consultation adjust the agreement accordingly.
2. If parties agree that the agreement will be modified or supplemented, the completion time of the execution may be affected. The seller informs the buyer as soon as possible.
3. If the modification or addition to the agreement has financial and/or qualitative consequences, the seller informs the buyer in writing in advance.
4. If parties have agreed on a fixed price, the seller indicates to what extent the modification or addition to the agreement results in exceeding this price.
5. Contrary to the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or addition is due to circumstances attributable to him.
Article 7: Delivery and transfer of risk
1. Once the purchased item has been received by the buyer, the risk transfers from the seller to the buyer.
Article 8: Inspection, complaints
1. The buyer is obliged to inspect the delivered goods at the time of (delivery) or, in any case, within the shortest possible period. The buyer must check whether the quality and quantity of the delivered goods correspond to what the parties have agreed upon, or at least that the quality and quantity meet the requirements that apply in normal (commercial) practice.
2. Complaints regarding damage, shortages, or loss of delivered goods must be submitted in writing to the seller by the buyer within 10 working days after the day of delivery of the goods.
3. If the complaint is justified within the specified period, the seller has the right to either repair or replace.
4. Minor and/or industry-standard deviations and differences in quality, quantity, size, or finish cannot be attributed to the seller.
5. Complaints regarding a specific product do not affect other products or parts belonging to the same agreement.
6. After processing the goods by the buyer, no complaints will be accepted.
Article 9: Samples and models
1. If a sample or model has been shown or provided to the buyer, it is presumed to have been provided only as an indication without the delivered item having to correspond to it. This is different if the parties have explicitly agreed that the delivered item will indeed correspond to it.
2. In agreements concerning real estate, mention of the surface area or other dimensions and indications is also presumed to be intended only as an indication, without the delivered item having to correspond to it.
Article 10: Delivery
1. Delivery takes place 'ex factory/store/warehouse'. This means that all costs are borne by the buyer.
2. The buyer is obliged to accept the goods at the moment the seller delivers or has them delivered to him, or at the moment these goods are made available to him according to the agreement.
3. If the buyer refuses acceptance or is negligent in providing information or instructions necessary for delivery, the seller is entitled to store the goods at the buyer's expense and risk.
4. If the goods are delivered, the seller is entitled to charge any delivery costs.
5. If the seller requires information from the buyer for the execution of the agreement, the delivery time starts after the buyer has provided this information to the seller.
6. Any delivery period specified by the seller is indicative. It is never a strict deadline.
7. The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or the partial delivery has no independent value. The seller is entitled to invoice these parts separately when delivering in parts.
8. In case of missing packages, an investigation will first be conducted by our shipper DHL or PostNL. If the package is delivered with proof of signature, the risk transfers from the seller to the buyer. In case of suspected fraud by the recipient, we are entitled to file a report with the police.
Article 11: Force Majeure
1. If the seller cannot, does not timely, or does not properly fulfill his obligations under the agreement due to force majeure, he is not liable for any damage suffered by the buyer.
2. Force majeure is understood by the parties to mean any circumstance that the seller could not have foreseen at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be demanded by the buyer, such as illness, delays with the carrier and supplier of the seller, war or danger of war, civil war and riots, molestation, sabotage, terrorism, power failure, flooding, earthquake, fire, company occupation, strikes, lockouts, changed government measures, transport difficulties, and other disruptions in the seller's business.
3. Furthermore, the parties understand force majeure to mean the circumstance that suppliers on whom the seller depends for the performance of the agreement do not fulfill their contractual obligations to the seller, unless this is attributable to the seller.
4. If a situation as referred to above occurs as a result of which the seller cannot fulfill his obligations towards the buyer, those obligations shall be suspended as long as the seller cannot fulfill his obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to terminate the agreement in whole or in part in writing.
5. In the event that the force majeure continues for more than three months, the buyer has the right to terminate the agreement with immediate effect. Termination can only be done by registered letter.
Article 12: Transfer of rights
1. Rights of a party under this agreement may not be transferred without the prior written consent of the other party. This provision shall be deemed a clause with proprietary effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.
Article 13: Retention of Title and Right of Retention
1. The goods present with the seller and delivered goods and parts remain the property of the seller until the buyer has paid the entire agreed price. Until then, the seller can invoke his retention of title and take back the goods, provided they are unused. For used items, a different procedure will apply. The amount will still be recovered from the buyer.
2. If the agreed advance payments are not made or not made on time, the seller has the right to suspend the work until the agreed part has been paid. This constitutes creditor default. In that case, a late delivery cannot be attributed to the seller.
3. The seller is not authorized to pledge the goods subject to his retention of title nor to encumber them in any other way.
4. The seller is obliged to insure and keep insured the goods delivered to the buyer under retention of title against fire, explosion, and water damage as well as theft, and to present the policy for inspection upon first request.
5. If goods have not yet been delivered, but the agreed advance payment or price has not been paid as agreed, the seller has the right of retention. The goods will not be delivered until the buyer has paid in full and according to the agreement.
6. In the event of liquidation, insolvency, or suspension of payment by the buyer, the buyer's obligations become immediately due and payable.
Article 14: Liability
1. Any liability for damages arising from or related to the execution of an agreement is always limited to the amount paid out in the relevant case by the liability insurance(s) taken out. This amount is increased by the amount of the deductible according to the relevant policy.
2. The seller's liability for damage resulting from intent or conscious recklessness of the seller or his managerial subordinates is not excluded.
Article 15: Duty to Complain
1. The buyer is obliged to report complaints about the performed work directly (within fourteen days) in writing to the seller. The complaint must contain as detailed a description of the shortcoming as possible, so the seller can respond adequately.
2. If a complaint is justified, the seller is obliged to repair the item and possibly replace it.
3. Capilli Extensions only processes complaints from the official buyer, as known in the customer database at Capilli Extensions.
4. To process the complaint, all products/hair extensions must be returned within fourteen (14) days of the purchase date. Products not returned within this period will not be eligible for complaint processing.
5. Loose hair extensions or partial deliveries/orders will not be accepted or processed as a full complaint.
6. Products that have already been chemically treated are not eligible for complaint processing.
7. Chemically treating the hair (such as dyeing, perming, etc.) is at the buyer's own risk.
8. Coloring the hair extensions with silver shampoo or other color-changing products is at your own risk.
9. The buyer is obliged to provide all cooperation to Capilli Extensions necessary to reasonably resolve the complaint between both parties.
10. The customer is expected to report a complaint honestly. If there are distorted facts or deception, Capilli extensions will not process the complaint or will stop the investigation and may file a report.
Article 16: Warranties
1. If guarantees are included in the agreement, the following applies. The seller guarantees that the sold item complies with the agreement, that it will function without defects when using the hair extensions, and that it is suitable for the intended use by the buyer. This guarantee is valid for a period of two weeks after receipt of the sold item by the buyer, provided it is unused, undamaged, and untreated. The customer/buyer must notify Capilli Extensions in writing with reasons and send an email to klantenservice@capilli-extensions.com or info@capilli-extensions.com including a description of your complaint and some images, so that the complaint is clear. Failure to do so will void any claim in this regard.
2. The intended warranty aims to establish a risk distribution between seller and buyer such that the consequences of a breach of a warranty are always fully borne by the seller and that the seller can never invoke article 6:75 BW regarding a breach of warranty. The provision in the previous sentence also applies if the breach was known or could have been known to the buyer through investigation.
3. The mentioned warranty does not apply when the defect has arisen as a result of improper or incorrect use or when - without permission - the buyer or third parties have made or attempted to make modifications or have used the purchased item for purposes for which it is not intended.
4. If the warranty provided by the seller relates to an item produced by a third party, the warranty is limited to the warranty provided by that producer.
5. Capilli Extensions does not guarantee against an incorrect choice of color or texture by the buyer.
6. Capilli Extensions does not guarantee a fastening system that is not experienced as comfortable by the buyer. Furthermore, Capilli Extensions does not guarantee regret or wrong choice by the buyer afterwards.
7. Capilli Extensions is not liable for the work of and/or by third parties.
8. Capilli Extensions does not guarantee against misuse/mismanagement of products.
9. Cutting hairbands/curtains of a weave/weft into pieces is at your own risk.
10. Capilli Extensions does not guarantee against damage to the hair caused by the customer themselves through dyeing, perming, or other chemical treatments. Dyeing and other treatments to the hair by the customer are at their own risk.
11. The customer is deemed to take responsibility when a problem arises for which Capilli Extensions is not at fault.
12. Capilli Extensions is entitled to no longer supply its products to customers who are not acting in good faith or have breached trust.
13. Returning goods does not guarantee reimbursement.
14. No correspondence can be entered into regarding rejected complaints.
Article 17: Applicable Law
1. This agreement between seller and buyer is exclusively governed by Dutch law. The Dutch court has jurisdiction.
2. The applicability of the Vienna Sales Convention is excluded.
3. When in legal proceedings one or more provisions of these general terms and conditions are deemed unreasonably burdensome, the remaining provisions shall remain in full force.
Article 18: Choice of Forum
All disputes arising from this agreement shall be exclusively submitted to the competent court of the A0Limburg Court.