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 the buyer together.
4. The agreement refers to the purchase agreement between the parties.
Article 2: Applicability of General Terms and Conditions
1. These terms and conditions apply to all offers, quotations, agreements, and deliveries of services or goods by or on behalf of the seller.
2. Deviations from these terms and conditions are only possible if explicitly and in writing agreed upon by both parties.
Article 3: Payment
1. The full purchase amount must always be 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 within this time, your order will be automatically canceled.
Article 4: Offers, Quotations, and Price
1. Offers are non-binding unless a period for acceptance is specified in the offer. If the offer is not accepted within that period, it expires.
2. Delivery times stated in offers and invoices are indicative and do not entitle the buyer to cancel or claim damages 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 includes the purchase price plus applicable VAT and any other government levies.
Article 5: Right of Withdrawal
1. The consumer has the right to cancel the agreement within 14 days after receiving the order without giving any reason (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 products are custom-made according to specifications (customized products) or have a short shelf life.
3. The consumer can use a withdrawal form provided by the seller. The seller is obliged to make this available to the buyer immediately upon request.
4. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the unused and undamaged product with all supplied 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 exchanges and returns.
5. Warranty only applies to defects that Capilli Extensions can reasonably demonstrate are the result of improper use within the 14-day warranty period for an unused, untreated, and complete product.
6. For hygienic reasons, Capilli Extensions reserves the right to void the warranty if, in the expert 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 due to consumer actions, 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, have not been met.
9. Capilli Extensions only issues refunds if article 5.8 is complied with.
10. Shipping costs incurred to exchange or fully return goods are the responsibility of the buyer. If the package is not sent back by registered mail, this is at the buyer’s own risk.
11. No withdrawal is possible if changes are independently made to the product through styling, coloring (dyeing) of the hair, etc.
Article 6: Amendment of the agreement
1. If during the execution of the agreement it appears necessary for proper performance of the assignment to change or supplement the work to be performed, the parties will timely and mutually adjust the agreement accordingly.
2. If the parties agree that the agreement will be amended or supplemented, the completion time of the execution may be affected as a result. The seller will inform the buyer of this as soon as possible.
3. If the change or addition to the agreement has financial and/or qualitative consequences, the seller will inform the buyer of this in writing in advance.
4. If the parties have agreed on a fixed price, the seller will indicate to what extent the change or addition to the agreement results in exceeding this price.
5. Contrary to the provision in 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 as soon as possible thereafter. The buyer should check whether the quality and quantity of the delivered goods correspond to what the parties agreed upon, or at least whether the quality and quantity meet the standards that apply in normal (commercial) practice.
2. Complaints regarding damage, shortages, or loss of delivered goods must be submitted in writing to the seller within 10 working days after the day of delivery of the goods by the buyer.
3. If the complaint is justified within the specified period, the seller has the right to either repair or redeliver.
4. Minor and/or industry-standard deviations and differences in quality, quantity, size, or finish cannot be held against 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 for reference only, 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 for reference only, without the delivered item having to correspond to them.
Article 10: Delivery
1. Delivery takes place ‘ex factory/store/warehouse’. This means that all costs are for 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 the goods are made available to him according to the agreement.
3. If the buyer refuses to accept delivery or fails to provide 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 needs information from the buyer to execute the agreement, the delivery period starts after the buyer has provided this information to the seller.
6. A delivery period stated 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 has been 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, cannot timely, or cannot properly fulfill his obligations under the agreement due to force majeure, he is not liable for any damage suffered by the buyer.
2. The parties understand force majeure to include any circumstance that the seller could not have anticipated at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be demanded from the buyer, such as illness, delays with the carrier and supplier of the seller, war or threat 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 execution of the agreement do not fulfill their contractual obligations towards the seller, unless this is attributable to the seller.
4. If a situation as described above occurs, preventing the seller from fulfilling their obligations to the buyer, those obligations will be suspended as long as the seller cannot fulfill them. If the situation mentioned in the previous sentence lasts 30 calendar days, the parties have the right to terminate the agreement in whole or in part in writing.
5. If force majeure lasts longer 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 serves as a clause with property law 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 in the possession of 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 may invoke retention of title and reclaim the goods, provided they are unused. A different procedure will apply for used items. 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 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 retention of title or to encumber them in any other way.
4. The seller undertakes 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 make the policy available 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.
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 deliberate recklessness by the seller or their managerial subordinates is not excluded.
Article 15: Complaint Obligation
1. The buyer is required to report complaints about the performed work immediately (within fourteen days) in writing to the seller. The complaint must include as detailed a description of the defect as possible so the seller can respond adequately.
2. If a complaint is justified, the seller is obliged to repair or replace the item.
3. Capilli Extensions only processes complaints from the official buyer as registered in the Capilli Extensions customer database.
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-altering products is at your own risk.
9. The buyer is obliged to provide all cooperation necessary for Capilli Extensions to reasonably resolve the complaint between both parties.
10. The customer is expected to report a complaint honestly. If there is distortion of 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 the agreement includes warranties, 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 warranty is valid for a period of two weeks after the buyer receives the product, provided it is unused, undamaged, and untreated. The customer/buyer must notify Capilli Extensions in writing with a reasoned complaint and send an email to klantenservice@capilli-extensions.com or info@capilli-extensions.com including a description of your complaint and some images to clarify the issue. Failure to do so will void any claim.
2. The intended warranty aims to establish a risk distribution between seller and buyer so that the consequences of a breach of warranty are always fully borne by the seller, and the seller can never invoke Article 6:75 of the Dutch Civil Code 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 stated warranty does not apply if the defect arose due to improper or incorrect use or if - 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 a wrong color or texture choice by the buyer.
6. Capilli Extensions does not guarantee satisfaction with a fastening system that the buyer finds uncomfortable. Furthermore, Capilli Extensions does not guarantee against buyer's regret or wrong choice afterward.
7. Capilli Extensions is not liable for work done by or through third parties.
8. Capilli Extensions does not guarantee against misuse or improper care of products.
9. Cutting hairbands/curtains from a weave/weft is at the customer's own risk.
10. Capilli Extensions does not guarantee against damage caused by the customer themselves through dyeing, perming, or other chemical treatments. Dyeing and other treatments performed 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 cease supplying products to customers who act in bad faith or have breached trust.
13. Returning goods does not guarantee reimbursement.
14. No correspondence will 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. If one or more provisions of these general terms and conditions are deemed unreasonably burdensome in legal proceedings, the remaining provisions shall remain fully in effect.
Article 18: Choice of Forum
All disputes arising from this agreement shall be exclusively submitted to the competent court of the Limburg District Court.