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General terms

E-mail: info@beautygainz.com
Website: www.beautygainz.com

Definitions

  1. BeautyGainz: BeautyGainz, established in Vlaardingen under Chamber of Commerce number 86981021.
  2. Customer: the person with whom BeautyGainz has entered into an agreement.
  3. Parties: BeautyGainz and customer together.
  4. Consumer: a customer who is also an individual and who acts as a private person.

Article 1 - Applicability of general terms and conditions

  1. These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of BeautyGainz.
  2. Parties may only deviate from these conditions if they have expressly agreed to this in writing.
  3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.

Article 2 - Prices

  1. All prices used by BeautyGainz are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
  2. BeautyGainz can change all prices that BeautyGainz charges for its services, on its website or otherwise announced, at any time.
  3. The parties agree on a total amount as a target price for a service provided by BeautyGainz, unless the parties have expressly agreed in writing on a fixed price, from which no deviations can be made.
  4. BeautyGainz is entitled to deviate from the target price by up to 10%.
  5. If the target price is more than 10% higher, BeautyGainz must inform the customer in a timely manner why a higher price is justified.
  6. If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price plus 10%.
  7. BeautyGainz has the right to adjust the prices annually.
  8. BeautyGainz will communicate price adjustments to the customer prior to their commencement.
  9. The consumer has the right to cancel the agreement with BeautyGainz if he does not agree with the price increase.

Article 3 - Payments and payment term

  1. BeautyGainz may require a down payment of up to 50% of the agreed amount when entering into the agreement.
  2. The customer must make subsequent payments within 14 days after delivery.
  3. Payment terms are considered strict payment terms. This means that if the customer has not paid the agreed amount no later than the last day of the payment term, he is legally in default and in default, without BeautyGainz having to send the customer a reminder or give notice of default.
  4. BeautyGainz reserves the right to make delivery dependent on immediate payment or to require security for the total amount of the services or products.

Article 4 - Consequences of failure to pay on time

  1. If the customer does not pay within the agreed term, BeautyGainz is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby part of a month counts for a whole month. month is calculated.
  2. If the customer is in default, he also owes BeautyGainz extrajudicial collection costs and any compensation.
  3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
  4. If the customer does not pay on time, BeautyGainz may suspend its obligations until the customer has met his payment obligation.
  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, BeautyGainz’s claims on the customer are immediately due and payable.
  6. If the customer refuses to cooperate with the execution of the agreement by BeautyGainz, he is still obliged to pay the agreed price to BeautyGainz.

Article 5 - Right of withdrawal

  1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
    • the service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity
    • it does not concern an (order for) emergency repair
    • it does not concern bets and/or lotteries
    • the consumer has not waived his right of withdrawal
    • it does not concern a service that is fully performed with the customer’s consent within the 14 calendar days cooling-off period and where the customer has expressly stated that he waives the right of withdrawal
  2. The reflection period of 14 days as referred to in paragraph 1 starts:
    • as soon as the consumer has concluded the agreement for the delivery of the service
    • as soon as the consumer has confirmed that he is going to purchase digital content via the internet
  3. The consumer can make known his right of withdrawal via info@beautygainz.nl, if desired using the withdrawal form that can be downloaded from the BeautyGainz website, www.beautygainz.com.

Article 6 - Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Article 7 - Settlement

Unless the customer is a consumer, the customer waives his right to offset a debt to BeautyGainz against a claim against BeautyGainz.

Article 8 - Insurance

  1. The customer undertakes to adequately insure the following items and to keep them insured against, among other things, fire, explosion and water damage as well as theft:
    • delivered goods that are necessary for the execution of the underlying agreement
    • items from BeautyGainz that are present at the customer’s premises
    • goods that have been delivered under retention of title
  2. The customer will provide the policy for these insurances for inspection upon BeautyGainz’s first request.

Article 9 - Warranty

When the parties have entered into an agreement of a service nature, this only contains an obligation of efforts for BeautyGainz and therefore no obligation of result.

Article 10 - Execution of the agreement

  1. BeautyGainz will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
  2. BeautyGainz has the right to have the agreed services (partially) provided by third parties.
  3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
  4. It is the customer’s responsibility that BeautyGainz can start the execution of the agreement in a timely manner.
  5. If the customer has not ensured that BeautyGainz can start the execution of the agreement on time, the resulting additional costs and/or extra hours will be borne by the customer.

Article 11 - Provision of information by the customer

  1. The customer makes all information, data and documents that are relevant for the correct execution of the agreement available to BeautyGainz in a timely manner and in the desired form and manner.
  2. The customer guarantees the accuracy, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise dictated by the nature of the agreement.
  3. If and insofar as the customer requests this, BeautyGainz will return the relevant documents.
  4. If the customer does not provide the information, data or documents reasonably required by BeautyGainz, or does not do so in a timely or proper manner, and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the customer.

Article 12 - Confidentiality

  1. The customer keeps all information (in whatever form) he receives from BeautyGainz confidential.
  2. The same applies to all other information regarding BeautyGainz of which the customer knows or can reasonably suspect to be secret or confidential, or of which he can expect that its distribution could cause damage to BeautyGainz.
  3. The customer will take all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 confidential.
  4. The confidentiality obligation described in this article does not apply to information:
    • which was already public before the customer learned this information or which subsequently became public without this being the result of a breach of the customer’s confidentiality obligation
    • which is made public by the customer on the basis of a legal obligation
  5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.

Article 13 - Penalty clause

  1. If the other party violates the article of these general terms and conditions regarding confidentiality or intellectual property, it will forfeit an immediately payable fine for each violation for the benefit of the trade name.
    • if the other party is a consumer, this fine is € 1,000
    • if the other party is a legal entity, this fine is €5,000
  2. In addition, the other party forfeits an amount of 5% of the amount referred to in paragraph 1 for each day that the violation continues.
  3. No prior notice of default or legal proceedings are required to forfeit this fine. There also does not have to be any form of damage.
  4. Forfeiting the fine referred to in the first paragraph of this article does not affect the other rights of BeautyGainz, including its right to claim damages in addition to the fine.

Article 14 - Indemnity

The customer indemnifies BeautyGainz against all claims from third parties related to the products and/or services supplied by BeautyGainz.

Article 15 - Complaints

  1. The customer must examine a product or service provided by BeautyGainz as soon as possible for any shortcomings.
  2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform BeautyGainz of this as soon as possible, but in any case within 1 month after discovering the shortcomings.
  3. Consumers must inform BeautyGainz within 2 months of discovering the shortcomings.
  4. The customer provides as detailed a description as possible of the shortcoming, so that BeautyGainz is able to respond adequately.
  5. The customer must demonstrate that the complaint relates to an agreement between the parties.
  6. If a complaint relates to ongoing work, this cannot in any case mean that BeautyGainz can be obliged to perform work other than that agreed.

Article 16 - Notice of default

  1. The customer must notify BeautyGainz in writing of any notice of default.
  2. It is the customer’s responsibility that a notice of default actually reaches BeautyGainz (in a timely manner).

Article 17 - Customer's joint and several liability

If BeautyGainz enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts they owe to BeautyGainz under that agreement.

Article 18 - BeautyGainz liability

  1. BeautyGainz is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
  2. If BeautyGainz is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
  3. BeautyGainz is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.
  4. If BeautyGainz is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance policy and, in the absence of (full) payment by an insurance company of the damage amount, liability is limited to (part of the) invoice amount to which the liability relates.
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Article 19 - Expiry period

Any right of the customer to compensation from BeautyGainz expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.

Article 20 - Right to dissolution

  1. The customer has the right to terminate the agreement if BeautyGainz attributably fails to fulfill its obligations, unless this failure, given its special nature or minor significance, does not justify termination.
  2. If the fulfillment of the obligations by BeautyGainz is not permanently or temporarily impossible, dissolution can only take place after BeautyGainz is in default.
  3. BeautyGainz has the right to terminate the agreement with the customer if the customer does not fully or timely fulfill his obligations under the agreement, or if BeautyGainz has become aware of circumstances that give him good reason to fear that the customer has will not be able to properly fulfill its obligations.

Article 21 - Force majeure

  1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by BeautyGainz to fulfill any obligation towards the customer cannot be attributed to BeautyGainz in a situation independent of the will of BeautyGainz, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from BeautyGainz.
  2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom disruptions; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
  3. If a force majeure situation occurs as a result of which BeautyGainz cannot fulfill one or more obligations to the customer, those obligations will be suspended until BeautyGainz can meet them again.
  4. From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may terminate the agreement in writing in whole or in part.
  5. BeautyGainz is not liable for any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.

Article 22 - Changes to the agreement

  1. If, after concluding the agreement for its implementation, it appears necessary to change or supplement its contents, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
  2. The previous paragraph does not apply to products purchased in a physical store.

Article 23 - Changes to general terms and conditions

  1. BeautyGainz is entitled to change or supplement these general terms and conditions.
  2. Changes of minor importance can be made at any time.
  3. BeautyGainz will discuss major substantive changes with the customer in advance as much as possible.
  4. Consumers are entitled to cancel the agreement in the event of a material change to the general terms and conditions.

Article 24 - Transfer of rights

  1. Customer rights from an agreement between the parties cannot be transferred to third parties without the prior written consent of BeautyGainz.
  2. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, Civil Code.

Article 25 - Consequences of nullity or voidability

  1. If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
  2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what BeautyGainz had in mind when drawing up the conditions on that point.

Article 26 - Applicable law and competent court

  1. Dutch law applies exclusively to every agreement between the parties.
  2. The Dutch court in the district where BeautyGainz is established / has a practice / office has exclusive jurisdiction to hear any disputes between parties, unless the law prescribes otherwise.

Prepared on July 1, 2023.