These are our General Terms and Conditions. These General Terms and Conditions always apply when you use our Website or place an order through our Website, and they contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.
Suhail Cosmetics BV: based in Hoofddorp and registered with the Chamber of Commerce under file number 33160672, trading as Suhail Cosmetics BV.
Website: the Website of Suhail Cosmetics BV, to be found on www.SuhailCosmetics.com and all of its subdomains.
Client: the natural person or corporation acting in the performance of a profession or business who enters into an agreement with Suhail Cosmetics BV and/or is registered on the Website.
Agreement: any arrangement or agreement between Suhail Cosmetics BV and the Client of which the General Terms and Conditions are an integral part.
General Terms and Conditions: these General Terms and Conditions.
Applicability of the General Terms and Conditions
The General Terms and Conditions apply to all offers, agreements and deliveries of Suhail Cosmetics BV, unless explicitly agreed otherwise in writing.
If the Client in his order, confirmation or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from, or are not in included the General Terms and Conditions, such provisions will only be binding upon Suhail Cosmetics BV if and in so far as Suhail Cosmetics BV has accepted them in writing.
Prices and information
All prices posted on the Website and in other materials originating from Suhail Cosmetics BV exclude taxes and other levies imposed by the government, unless stated otherwise on the website.
If shipping costs are charged, these will be clearly stated in good time before the contract is concluded. These costs will also be displayed separately in the ordering process.
The content of the Website is composed with the greatest care. Suhail Cosmetics BV cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from Suhail Cosmetics BV are subject to obvious programming and typing errors.
Suhail Cosmetics BV cannot be held responsible for deviations in colour that result from the quality of the colours displayed on the screen.
Conclusion of the Agreement
The Agreement will be deemed to be concluded at the moment the Client accepts the offer of Suhail Cosmetics BV subject to the conditions laid down by Suhail Cosmetics BV.
If the Client has accepted the offer by electronic means, Suhail Cosmetics BV will confirm receipt of acceptance of the offer by electronic means without delay. Until such receipt of acceptance is confirmed, the Client will have the possibility to dissolve the Agreement.
If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, Suhail Cosmetics BV will have the right demand fulfilment of the Client’s obligations until the correct data is received.
Suhail Cosmetics BV has the right to refuse orders from clients who do not act in the exercise of their profession or business.
To make optimum use of the Website, the Client can register using the registration form/the account sign-in option on the Website.
During the registration process, the Client will be asked to choose a user name and password with which he can log on to the Website. The Client alone is responsible for choosing a sufficiently reliable password.
The Client must keep its login credentials, user name and password strictly confidential. Suhail Cosmetics BV cannot be held liable for any misuse of the login credentials and is always entitled to assume that the Client who logs on to the Website is the party that it professes to be. The Client is responsible for and bears the full risk of any and all actions and transactions performed via the Client’s account.
If the Client knows or has reason to suspect that its login details have become available to unauthorised parties, it will be required to change its password as soon as possible and/or to notify Suhail Cosmetics BV accordingly so as to allow Suhail Cosmetics BV to take appropriate measures.
Execution of the Agreement
As soon as Suhail Cosmetics BV has received the order, it will send the products to the Client without delay and with due regard for the provisions of paragraph 3 of this article.
Suhail Cosmetics BV is authorised to engage third parties in the fulfilment of its obligations under the Agreement.
Well ahead of the date on which the Agreement is signed, information will be posted on the Website which clearly describes the manner in which and the term within which the products will be delivered. If no delivery term has been agreed or stated, the products will be delivered within 30 days at the latest.
If Suhail Cosmetics BV is unable to deliver the products within the agreed term, it will notify the Client accordingly. In that case the Client can decide either to agree to a new delivery date or to dissolve the Agreement without incurring any costs.
Suhail Cosmetics BV advises the Client to inspect the products upon delivery and to report any defects within an appropriate period, preferably in writing or by email. For further details, see the article about guarantee and conformity.
The risks associated with the products will transfer to the Client as soon as the products are delivered at the agreed delivery address.
If the ordered product can no longer be supplied, Suhail Cosmetics BV is entitled to deliver a product which is comparable in nature and quality to the ordered product. In that case, the Client will have the right to dissolve the Agreement without incurring any costs and to return the product free of charge.
The Client shall pay the amounts due to Suhail Cosmetics BV in accordance with the ordering procedure and any payment methods indicated on the Website. Suhail Cosmetics BV is free to offer any payment method of its choice and may change these methods at any time.
Warranties and conformity
Suhail Cosmetics BV warrants that the products satisfy the Agreement, the specifications laid down in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations that are in force on the date the Agreement is signed. If specifically agreed, Suhail Cosmetics BV will also warrant that the product is suitable for purposes other than its normal use. In all other cases, the product is suitable for normal use only.
If the delivered product fails to satisfy the Agreement at delivery, Suhail Cosmetics BV must be notified thereof no later than 24 hours after delivery. Should the Client fail to do so, it is no longer entitled to have the product repaired, replaced etc. should the product delivered be defective.
If Suhail Cosmetics BV deems the complaint to be well-founded, the products concerned will be repaired, replaced or (partially) refunded in consultation with the Client.
Complaints handling procedure
If the Client has any grievances in connection with a product (in accordance with the article on warranties and conformity) and/or about other aspects of Suhail Cosmetics BV’s service, it can submit a complaint by telephone, by email or by post. See the contact details at the bottom of the General Terms and Conditions.
Suhail Cosmetics BV will respond to the complaint as soon as possible, and in any case within 14 days after having received it. If it is not yet possible for Suhail Cosmetics BV to formulate a substantive reaction to the complaint by that time, Suhail Cosmetics BV will confirm receipt of the complaint within 14 days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to the Client’s complaint.
The total liability of Suhail Cosmetics BV in respect of the Client due to an attributable failure to perform the Agreement is limited to compensation not exceeding the price stipulated for that particular Agreement (including VAT).
The liability of Suhail Cosmetics BV in respect of the Client for indirect damage or loss, which in any case includes – but is explicitly not limited to – consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.
Aside from the cases referred to in the two previous paragraphs of this Article, Suhail Cosmetics BV is not subject to any liability at all in respect of the Client for damages, irrespective of the ground on which the action for damages is based. The restrictions set out in this Article, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of Suhail Cosmetics BV.
Suhail Cosmetics BV will only be liable to the Client on account of an attributable failure in the performance of an agreement if the Client issues a proper notice of default to Suhail Cosmetics BV without delay stipulating a reasonable period of time in which to remedy the failure, and Suhail Cosmetics BV also continues to fail to perform its obligations after that period. The notice of default must contain a description of the failure in as much detail as possible to enable Suhail Cosmetics BV to provide an adequate response.
Any event giving right to compensation is always subject to the condition that the Client reports the damage or loss in writing to Suhail Cosmetics BV as soon as possible, but no later than within 30 days after the damage or loss has arisen.
In the event of force majeure Suhail Cosmetics BV is not liable to pay compensation for any damage or loss the Client has incurred as a result.
Retention of title
As long as the Client has not made any full payment on the total amount agreed Suhail Cosmetics BV will retain ownership of all the goods delivered.
Suhail Cosmetics BV will process the Client’s personal details in accordance with the privacy statement published on the Website.
This agreement is governed by the laws of the country of establisment of the webshop.
Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in the district where Suhail Cosmetics BV has its registered office.
If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.
The term ‘written’ in these General Terms and Conditions also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.
Should you have any questions, complaints or comments after reading these General Terms and Conditions, please contact us by email or letter.
Suhail Cosmetics BV
Willem Brocadesdreef 2
T: 0031 (0) 23 554 23 23
E: [email protected]