General Terms and Conditions of Gisou.com
These are our General Terms and Conditions. These General Terms and Conditions always apply when you use or place an order through the website located at www.Gisou.com (the “Site). These General Terms and Conditions contain important information for you as a user of the Site. 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 date.
Article 1 Definitions
NM Beauty Industries B.V.: based in Almere (Netherlands) and registered with the Chamber of Commerce under file number 63969769, trading as NM Beauty Industries B.V..
Site: the website located at www.gisou.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 NM Beauty Industries B.V. and/or who registers on the Site.
Agreement: any arrangement or agreement between NM Beauty Industries B.V. and the Client of which the General Terms and Conditions are an integral part.
General Terms and Conditions: these General Terms and Conditions.
Article 2 Applicability of the General Terms and Conditions
2.1 The General Terms and Conditions apply to all offers, agreements and deliveries of NM Beauty Industries B.V., unless otherwise explicitly agreed to in writing.
2.2 If the Client in his order, confirmation or any other communication alleging acceptance of the General Terms and Conditions includes any provisions that differ from, or are not in included the General Terms and Conditions, 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 posted on the Site and in other materials originating from NM Beauty Industries B.V. include taxes and other levies imposed by the government, unless stated otherwise on the website.
3.2 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.
3.3 The content of the Site is composed with the greatest care. NM Beauty Industries B.V. cannot, however, guarantee that all information on the Site is correct and complete at all times. All prices and other information posted on the Site and in other materials originating from NM Beauty Industries B.V. are subject to correcting typographical and/or programming errors.
3.4 NM Beauty Industries B.V. cannot be held responsible for deviations in color that result from the quality of the colors displayed on the screen.
Article 4 Conclusion of the Agreement
4.1 The Agreement will be deemed to be concluded at the moment the Client accepts the offer of NM Beauty Industries B.V. subject to the conditions stipulated by NM Beauty Industries B.V.
4.2 If the Client has accepted the offer by electronic means, NM Beauty Industries B.V. 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.
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 demand fulfillment of the Client’s obligations until the correct data is received.
4.4 NM Beauty Industries B.V. has the right to refuse orders from Clients who do not act in the exercise of their profession or business.
Article 5 Registration
5.1 To make optimal use of the Site, the Client can register using the registration form/the account sign-in option on the Site.
5.2 During the registration process, the Client will be asked to choose a user name and password with which the Client can log on to the Website. The Client is responsible for choosing and safeguarding his or her password.
5.3 The Client must keep his or her login credentials, user name and password strictly confidential. NM Beauty Industries B.V. cannot be held liable for any misuse of the login credentials and is always entitled to assume that the individual who logs on to the Site as the Client is, in fact, the Client. The Client is responsible for, and bears the full risk of, any and all actions and transactions occurring via the Client’s account.
Article6 Execution of the Agreement
6.1 As soon as NM Beauty Industries B.V. has received a Client’s order, it will send the products to the Client without delay and with due regard for the provisions of Article 3 of this article.
6.2 NM Beauty Industries B.V. is authorized to engage third parties in the fulfilment of its obligations under the Agreement.
6.3 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.
6.4 If NM Beauty Industries B.V. is unable to deliver the products within the agreed term, it will notify the Client accordingly. In such event, the Client can decide either to agree to a new delivery date or to dissolve the Agreement without incurring any costs.
6.5 NM Beauty Industries B.V. advises the Client to inspect the products upon receipt and to report any defects within 2 working days after delivery in writing or by email.
6.6 The risks of loss transfers to the Client at the time they are delivered to the agreed delivery address.
6.7 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 7 Withdrawal/return
7.1 The Client has the right to return the products with a valid Return Authorization (“RA”) number received from NM Beauty Industries B.V within fourteen (14) days after the shipment arrival date.
7.2 The Client may request an RA number by sending an e-mail to firstname.lastname@example.org including order number, name, phone number, e-mail address, mailing address and reason for return. Provided the Client has received a valid RA number from NM Beauty Industries B.V, the Client will have an additonal fourteen (14) days from the date the RA number is issued to return the merchandise.
7.3 Returned merchandise must be unused, undamaged and returned in its original unopened packaging with its original packing slip. Returns attempted after the fourteen (14) day period, or attempted without satisfying all of the above conditions, will not be accepted. Client must bear the costs for shipping the goods to NM Beauty Industries B.V.
7.4 NM Beauty Industries B.V. is not responsible for any returns which are lost in the mail when being returned to us. We advise you to insure your package containing the product(s) being sent to us and get tracking information. No exceptions can be made to this policy.
7.5 After receiving and accepting the returned goods, NM Beauty Industries B.V. will refund the purchase price within 14 days.
Article 8 Payment
8.1 The Client shall pay the amounts due to NM Beauty Industries B.V. in accordance with the ordering procedure and any payment methods indicated on the Site. NM Beauty Industries B.V. is free to offer any payment method of its choice and may change these methods at any time.
Article 9 Warranties and Conformity
9.1 NM Beauty Industries B.V. warrants that the products are suitable for their intended uses and that they satisfy all laws and regulations applicable to such products that are in force as of the date the products are shipped to the Client.
9.2 If the delivered product fails to satisfy the Agreement at delivery, NM Beauty Industries B.V. must be notified thereof no later than 2 working days 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.
9.3 If NM Beauty Industries B.V. deems the complaint to be well-founded, the products concerned will be repaired, replaced or (partially) refunded in consultation with the Client.
Article 10 Complaints handling procedure
10.1 If the Client has any grievances in connection with a product (in accordance with Article 9 entitled, “Warranties and Conformity”), or about other aspects of NM Beauty Industries B.V. ’s Site or service, it can submit a complaint by email or post. Contact details are provided at the end of these General Terms and Conditions. I
10.2 NM Beauty Industries B.V. will respond to the complaint as soon as possible, and in any case within 7 days after having received it. If it is not possible for NM Beauty Industries B.V. to formulate a substantive response to the complaint by that time, NM Beauty Industries B.V. will confirm receipt of the complaint within such 7 days after having received it and give an indication of the term within which we expect to be able to give a substantive or definitive response to the Client.
Article 11 Liability
11.1The 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 compensation not exceeding the price stipulated for that particular Agreement (including VAT).
11.2 The liability of NM Beauty Industries B.V. in respect of the Client for indirect damages or losses, including, without limitation, consequential damages, lost profits, lost savings, loss of data and damage due to business interruption, is excluded.
11.3 Except as otherwise explicitly provided in this Article 11, 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, 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..
11.4 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 proper notice of default to NM Beauty Industries B.V. without delay stipulating a reasonable period of time in which to remedy the failure, and NM Beauty Industries B.V. thereafter fail to cure the default within the applicable time period. The notice of default must contain a description of the failure in as much detail as possible to enable NM Beauty Industries B.V. to provide an adequate response.
11.5 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 30 days after the damage or loss has arisen.
11.6 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.
Article 12 Retention of title
12.1 As long as the Client has not made any full payment on the total amount agreed NM Beauty Industries B.V. will retain ownership of all the goods delivered.
Article 13 Personal details
13.1 NM Beauty Industries B.V. will process the Client’s personal data in accordance with the privacy statement published on the Site.
Article 14 Final provisions
14.1 These General Terms and Conditions are governed by the laws of the Netherlands.
14.2 Any disputes arising pursuant to these General Terms and Conditions will be submitted to the competent Dutch court in the district where NM Beauty Industries B.V. has its registered office.
14.3 If any provision of these General Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect or render invalid or unenforceable any other provision of these General Terms and Conditions, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.
Should you have any questions, complaints or comments after reading these General Terms and Conditions, or if you need to provide us with notice, please contact us by email or post.
NM Beauty Industries B.V.
1314 CB Almere
Chamber of Commerce 63969769