General Terms and Conditions of NM Beauty Industries B.V.
By placing an order on www.Gisou.com, you are accepting to purchase a Product on and subject to the following terms and conditions of NM Beauty Industries B.V. (the “General Terms and Conditions”). The General Terms and Conditions always apply between you and NM Beauty Industries B.V. when you use or place an order through the website www.Gisou.com (the “Site”). The General Terms and Conditions contain important information for you as a customer of NM Beauty Industries B.V. Please read them carefully. We also recommend you to save or print the General Terms and Conditions, so you can consult them again at a later date.
Article 1 Definitions
NM Beauty Industries B.V.: a private company (‘besloten vennootschap’) established under Dutch law, based in Almere (The Netherlands) and registered with the Chamber of Commerce under file number: 63969769, trading under the trade name ”Gisou”.
Site: the website www.Gisou.com and all of its sub-domains.
Client: the natural person or corporation acting in the performance of a profession or business who enters into an Agreement with NM Beauty Industries B.V.
Product(s): the product(s) as offered on the Site.
Agreement: any arrangement or agreement between NM Beauty Industries B.V. and the Client of which the General Terms and Conditions form an integral part.
General Terms and Conditions: the present terms and conditions of NM Beauty Industries B.V.
Article 2 Applicability of the General Terms and Conditions
2.1 The General Terms and Conditions apply to all offers and deliveries from, and Agreements with NM Beauty Industries B.V., unless otherwise explicitly agreed on in writing.
2.2 If the Client declares other provisions or terms applicable in his order, confirmation or through any other communication medium, such provisions will only be binding upon NM Beauty Industries B.V. if and in so far as NM Beauty Industries B.V. has explicitly accepted them in writing.
Article 3 Prices and information
3.1 All prices as displayed on the Site and on other materials originating from NM Beauty Industries B.V. include taxes and other levies imposed by the government, unless stated otherwise on the Site.
3.2 If shipping costs are charged, these will be clearly stated on the Site before the Agreement is concluded. The shipping costs will be displayed separately in the ordering process.
3.3 The content of the Site is composed with the greatest care. NM Beauty Industries B.V. can however not guarantee that all information on the Site is displayed correctly and/or is complete at all times. All prices and other information displayed on the Site and on other materials originating from NM Beauty Industries B.V. could include typographical and/or programming errors. NM Beauty Industries B.V. cannot be held responsible for such typographical and/or programming errors and reserves the right to correct such errors at all times.
3.4 NM Beauty Industries B.V. cannot be held responsible for any deviations between the color of the Product and the color of the Product as displayed on the Site.
Article 4 Conclusion of the Agreement
4.1 The Agreement will be deemed to be concluded at such moment that the Client accepts the offer of NM Beauty Industries B.V., which offer is subject to the General Terms and Conditions.
4.2 If the Client has accepted the offer by electronic means, NM Beauty Industries B.V. will also confirm receipt of acceptance of the offer by electronic means.
4.3 If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, NM Beauty Industries B.V. will have the right to suspend its obligations until the correct data has been received from the Client.
Article 5 Execution of the Agreement
5.1 As soon as NM Beauty Industries B.V. has received a Client’s order and has confirmed the acceptance thereof, it will handover the Products to the shipping company as chosen by the Client in the ordering process. The shipping company will then send the Products to the Client.
5.2 NM Beauty Industries B.V. is authorized to engage any third parties in the fulfilment of its obligations under the Agreement.
5.3 The Site includes information describing the manner of delivery of the Products and an estatimation of the term in which the Products will be delivered to the Client.
5.4 If NM Beauty Industries B.V. is unable to deliver the Products within thirty (30) days after the confirmation of acceptance of the order, it will notify the Client accordingly. In such event, the Client can decide to either agree to a new delivery date or to dissolve the Agreement without incurring any costs. NM Beauty Industries B.V. cannot be held liable for any delay in the delivery process.
5.5 NM Beauty Industries B.V. advises the Client to inspect the Products upon receipt and to report any defects within two (2) working days after delivery in writing or by email.
5.6 As soon as the Product has been delivered to the delivery address submitted by the Client, the risk of the Product fully transfers to the Client.
5.7 If the ordered Product can no longer be supplied, NM Beauty Industries B.V. 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.
Article 6 Withdrawal/return
6.1 The Client has the right to return the Product within fourteen (14) days after the Product has been delivered to the Client.
6.2 The Client must inform NM Beauty Industries B.V. of its wish to return the Product by sending an e-mail to email@example.com within the aformentioned period of fourteen (14) days after the Product has been delivered to the Client. This e-mail should include the following information: order number, name, phone number, e-mail address and delivery address. After receipt of this e-mail, NM Beauty Industries B.V. will provide a Return Authorization number (“RA Number”) to the Client. After receipt of the RA number, the Client will have an additional fourteen (14) days to return the Product to NM Beauty Industries B.V. The Client must bear the costs for shipping the Products to NM Beauty Industries B.V.
6.3 Returned Products must be unused, undamaged and returned in its original unopened packaging with its original packing slip. Returns attempted without satisfying all of the aforementioned conditions, will not be accepted.
6.4 The Client is responsible for the chosen shipping method of the returns. The risk of the Product will transfer to NM Beauty Industries B.V. when NM Beauty Industries B.V. has received the Product. This means that NM Beauty Industries B.V. cannot be held responsible for any returns which are (for example) lost and/or damaged in the mail when being returned. We therefore advise you to choose for registered shipment, request tracking information and insure the package containing the returned Product(s). NM Beauty Industries B.V. does not make any exceptions to this policy.
6.5 After receiving and accepting the returned Products, NM Beauty Industries B.V. will refund the total purchase price to the Client within fourteen (14) days.
Article 7 Payment
7.1 The Client shall pay the amounts due to NM Beauty Industries B.V. in accordance with the ordering process and through the payment method selected on the Site. NM Beauty Industries B.V. is free to offer any payment method of its choice and may change these payment methods at any time.
Article 8 Warranties and Conformity
8.1 NM Beauty Industries B.V. warrants that the Products are suitable for their intended use, as described on the Site.
8.2 If the delivered Product fails to satisfy the Agreement at delivery, NM Beauty Industries B.V. must be notified thereof within a reasonable period of time, which is ultimately fourteen (14) days after delivery of the Product.
8.3 If a Product does not satisfy the Agreement and the Client has notified NM Beauty Industries B.V. thereof within the period mentioned in article 8.2, the Product concerned will be repaired, replaced or (partially) refunded, such in consultation with the Client. Complaints after the period mentioned in article 8.2 will not be accepted by NM Beauty Industries B.V.
Article 9 Complaints handling procedure
9.1 If the Client has any grievances in connection with a Product (in accordance with article 8 entitled, “Warranties and Conformity”), or regarding any other aspects of the Site or service of NM Beauty Industries B.V., it can submit a complaint by email or in writing . The contact details of NM Beauty Industries B.V. are provided at the end of the General Terms and Conditions.
9.2 NM Beauty Industries B.V. will respond to the complaint as soon as possible, and in any case within seven (7) days after receipt of the complaint. If NM Beauty Industries B.V. is unable to formulate a substantive response to the complaint within such period, NM Beauty Industries B.V. will confirm receipt of the complaint within seven (7) days after receipt of the complaint and give an indication of the term within which it expects to be able to give a substantive or definitive response to the Client.
Article 10 Liability
10.1 The total liability of NM Beauty Industries B.V. in respect of the Client due to an attributable failure to perform the Agreement is limited to a compensation which does not exceed the price stipulated for that particular Agreement (including VAT and shipping costs).
10.2 NM Beauty Industries B.V. cannot be held liable for any indirect damages or losses, including, without limitation, consequential damages, lost profits, lost savings, loss of data and damage due to business interruption.
10.3 Except as otherwise explicitly provided for in this article 10, NM Beauty Industries B.V. is not subject to any liability, irrespective of the grounds upon which an action or proceeding may be based. The restrictions set out in this article 10.3, 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 NM Beauty Industries B.V.
10.4 NM Beauty Industries B.V. will only be liable to the Client on account of an attributable failure in the performance of an Agreement if the Client issues a written notice of default to NM Beauty Industries B.V. without delay, stipulating a reasonable period of time in which NM Beauty Industries B.V. has the possibility to remedy the default, and NM Beauty Industries B.V. fails to cure the default within such period. The notice of default must contain a description of the default in as much detail as possible, in order to enable NM Beauty Industries B.V. to provide an adequate response and/or take adequate action.
10.5 Any event giving rise to compensation is always subject to the condition that the Client reports the damage or loss in writing to NM Beauty Industries B.V. as soon as possible, but no later than within thirty (30) days after the damage or loss has arisen.
10.6 NM Beauty Industries B.V. is not liable to pay compensation for any damage or loss the Client has incurred as a result of a “force majeure event”, as meant in article 6:75 Dutch Civil Code (“DCC”). This includes amongts others (and without limitation) the event that any third party engaged by NM Beauty Industries B.V. is not able to fulfil its obligations due to a force majeure event.
Article 11 Retention of title
11.1 As long as NM Beauty Industries B.V. has not received full payment for the Products, NM Beauty Industries B.V. will retain the ownership of the Products.
Article 12 Personal details
Article 13 Final provisions
13.1 The General Terms and Conditions and the Agreement are exclusively construed in accordance with and shall be exclusively governed by the laws of the Netherlands.
13.2 Any dispute arising out or in connection with the General Terms and Conditions and the Agreement, including disputes concerning the existence and validity thereof will, if no amicable settlement can be reached, be resolved by the competent Dutch court in the district where NM Beauty Industries B.V. has its registered office.
13.3 In the event that any of the provisions containedin the General Terms and Conditions will be deemed invalid or unenforceable, then the remaining provisions shall be construed as if such invalid provisions were not contained herein; and such invalid or unenforceable provisions will then be deemed to have been replaced by a provision which as closely as possible meets the intention of NM Beauty Industries B.V. when inserting the original provision.
Should you have any questions, complaints or comments after reading the General Terms and Conditions, or if you need to provide us with notice, please contact us by email or in writing.
NM Beauty Industries B.V.
1314 CB Almere
Chamber of Commerce number: 63969769