Terms & Conditions

Established on September 1st, 2016. General Conditions Sensely Cosmetics, located at Van der Krukwater 19, 2497 ZT, The Hague, registered at the Chamber of Commerce at The Hague under number 66558948. VAT number NL001162129B34

Definitions In these Terms and Conditions, the following terms are used in the following terms, unless expressly stated otherwise. Terms and Conditions: The terms and conditions as stated below.

Sensely Cosmetics, registered at the Chamber of Commerce in The Hague under number 66558948

 

Company: A counterparty acting in the pursuit of a business or profession.

 

Consumer: A Other Party not acting in the pursuit of a business or profession.

 

Remote purchase: The agreement between the other party and Sensely Cosmetics, in which, within the framework of a remote sales system organized by Sensely Cosmetics, until the conclusion of the agreement, only one or more remote communication techniques are used, Such as a website, phone or other means of communication.

 

Agreement: Any agreement between Sensely Cosmetics and the other party.

 

Product: All items that are the subject of the agreement between the Other Party and Sensely Cosmetics.

 

Voucher: A discount voucher that complies with the authenticity characteristics, which the vendor receives at a discount on delivery.

 

Other party: The person who accepted these terms and conditions and took down the product. Under the Other Party are consumers and companies. Scope. These General Terms and Conditions apply to any offer, quotation and agreement concluded between Sensely Cosmetics and the Other Party, unless these Terms and Conditions have been expressly and in writing by the parties. These Terms and Conditions also apply to agreements with Sensely Cosmetics, for the execution involving third parties.

 

The applicability of any Purchase or other General Terms of the Other Party is expressly rejected. If it has been found that one or more provisions in these Terms and Conditions are null and void or destroyable, then the General Terms and Conditions will remain in place for all the rest. In the event of this situation, Sensely Cosmetics and the Other Party will agree with the purpose of agreeing new provisions to replace the null or void provisions. Deviations from the Agreement and Terms and Conditions are valid only if they have been agreed in writing and expressly with Sensely Cosmetics.

 

Offers and / or quotations Offers and / or quotations are (preferably) made in writing and / or electronic, unless urgent circumstances make this impossible. Offers and / or quotations are valid for 1 month. Offers and / or tenders expire when this term has expired. The offer and / or quotation is valid as long as the stock is in stock. Sensely Cosmetics cannot be offered to its offers and / or quotations if the Other Party should, in terms of reasonableness and fairness, and common beliefs, understand that the offer and / or quotation or part thereof is a manifest error Or contains a description. If the acceptance differs from the offer offered in the offer and / or offer, or not, Sensely Cosmetics is not bound by it. The agreement will not then be made in accordance with this deviating acceptance unless Sensely Cosmetics indicates otherwise. A composite price listing does not require Sensely Cosmetics to deliver a part of the items included in the offer and / or quotation against a corresponding part of the stated price. Offers and / or quotations are not automatically valid for future orders or reset orders.

 

Conclusion and duration agreement The Agreement is established by timely acceptance by the Other Party of the offer and / or tender of Sensely Cosmetics. The Other Party and Sensely Cosmetics can match an agreement for a certain period of time. The term of the agreement will correspond to the Other Party and Sensely Cosmetics in the agreement. Both the Other and Sensely Cosmetics have the right to terminate the Agreement at any time, subject to a notice period of 1 month.

 

Change Agreement If, during the performance of the Agreement, it appears necessary for a proper execution to amend or supplement the Agreement, Sensely Cosmetics shall notify the Other Party as soon as possible. The parties will then proceed in a timely and mutual agreement with the Agreement. If parties agree that the Agreement is being amended or supplemented, the time of completion of the execution may become

 

 

Change Agreement If, during the performance of the Agreement, it appears necessary for a proper execution to amend or supplement the Agreement, Sensely Cosmetics shall notify the Other Party as soon as possible. The parties will then proceed in a timely and mutual agreement with the Agreement. If parties agree that the Agreement is being amended or supplemented, the time of completion of performance may be affected. Sensely Cosmetics will inform the other party as soon as possible. If the amendment or addition to the Agreement will have financial, quantitative and / or qualitative consequences, Sensely Cosmetics will inform the Other Party in advance. If a fixed price has been agreed, Sensely Cosmetics will indicate to what extent the change or addition of the Agreement will affect the price. Sensely Cosmetics will try to make a pricing beforehand, as far as possible. Sensely Cosmetics will not charge additional costs if the change or addition is due to circumstances that may be attributed to Sensely Cosmetics. Changes to the original agreement between the Other Party and Sensely Cosmetics will only be valid from the moment that these changes have been accepted by both parties in writing through an additional or amended Agreement.

Implementation agreement Sensely Cosmetics has the right to execute the Agreement by third parties. Sensely Cosmetics has the right to implement the Agreement in phases. If the Agreement is executed in stages, Sensely Cosmetics has the right to invoice separately each invoice and request payment. If the Agreement is executed in stages, Sensely Cosmetics shall have the right to suspend the execution of those parts belonging to the next phase or phases until the Other Party has approved the results of the preceding phase in writing. If and as long as this invoice is not paid by the Other Party, Sensely Cosmetics is not required to complete the next phase and is entitled to suspend the Agreement. The Other Party shall provide timely any information or instructions necessary for the performance of the Agreement or the Other Party should reasonably understand that they are necessary for the performance of the Agreement to Sensely Cosmetics. If the foregoing data and instructions are not provided or in time, Sensely Cosmetics is entitled to suspend the performance of the Agreement. The additional costs incurred by the delay are at the expense of the Other Party.

 

Prices With regard to Consumers, prices are expressed in euros, including VAT and other government fees, unless otherwise stated. With respect to Companies, prices are expressed in euros, excluding VAT and other government fees, unless otherwise stated. Prices are excluding packing, delivery or shipping costs and administration fees, unless stated otherwise. For shipping abroad, a surcharge will be charged. Of all additional costs, Sensely Cosmetics will provide to the Other Party in good time before the conclusion of the Agreement or provide data that will enable these to be calculated by the Other Party.

 

Price change If Sensely Cosmetics agrees with the other party at the conclusion of the agreement, Sensely Cosmetics is entitled to increase the price, even if the price is not initially reserved. If Sensely Cosmetics intends to change the price, it informs the Other Party as soon as possible. If a price increase occurs within three months after the conclusion of the Agreement, the Other Party may terminate the Agreement by written declaration unless: - the price increase is due to a power or Sensely Cosmetics Restrictive Act under the Act; - Sensely Cosmetics is still willing to implement the Agreement on the basis of the original agreement; - it is meant that the delivery will take place more than three months after the purchase. The Other Party has the right to terminate the Agreement if the Agreement is increased beyond three months after the agreement is concluded, unless the Agreement stipulates that the delivery will take place more than three months after the sale.

Purchase remotely This provision applies only to the Other Party in the capacity of the consumer. In case of remote purchase, delivery must be made within thirty calendar days. In case of Remote Buying, Sensely Cosmetics is entitled to oblige the Other Party to pay up to 50 percent of the price upfront payment. In case of Remote Sale, the Other Party is entitled to revoke the Agreement for fourteen calendar days after receipt of the goods delivered by the Sensely Cosmetics without notice. In the case of Remote Purchase, the Other Party is entitled to withdraw the Agreement after thirty calendar days if Sensely Cosmetics has not delivered the product within thirty calendar days unless a different delivery period has occurred. If Sensely Cosmetics has not fulfilled its obligation to provide information or has not provided information in the correct form, the Other Party is entitled to dissolve the Agreement for three months after receiving the goods delivered by Sensely Cosmetics without giving any reasons. If Sensely Cosmetics still complies with the obligation to provide information within three months, the day after the date of fulfillment of this obligation will begin to run for fourteen calendar days. The Other Party may revoke the Agreement through the standard form submitted by Sensely Cosmetics for revocation or in a manner chosen by the Other Party. If the Other Party returns the goods delivered, the Other Party shall return the goods in a proper packaging as well as shipped, with all delivered accessories and in its original state. The shipping costs of returning will be at the expense and account of the Other Party. If the Other Party has exercised its right of withdrawal, the Other Party is obliged to return the goods within 14 calendar days because the other party has informed Sensely Cosmetics that he repeats the agreement. If the Other Party has exercised its right of withdrawal, Sensely Cosmetics will return the full amount paid, including the paid shipping costs, no later than fourteen calendar days after the Agreement has been terminated. If the items are not available Sensely Cosmetics will inform the Other Party as soon as possible and Sensely Cosmetics will return the amount paid within 14 days. If Sensely Cosmetics and the other party agree that a case of similar quality and price may be delivered, then the shipping charge for returning will be charged by Sensely Cosmetics. The foregoing applies only if the Other Party makes use of its right of dissolution during the period of reflection. The provisions of this Article shall not apply if the Agreement relates to: - Products whose price is subject to fluctuations in the financial market on which Sensely Cosmetics has no influence and occur within the period of withdrawal; - sealed products of which the other party has broken the seal; - hygienic products of which the other party has broken the seal; - products that are already delivered with the other party's consent - products which, due to their nature, cannot be returned; - products that can spoil or age soon

 

Delivery

Delivery is effected by bringing the case to the other party. After delivery

The risk of the case is transferred to the other party. Delivery takes place by making the case available to the Other Party. After delivery, the risk of the case is transferred to the Other Party. Delivery will take place from Sensely Cosmetics, unless otherwise agreed. The Other Party is obliged to take out the purchased business at the time of its disposal, unless this involves serious objections or unreasonable costs. If the Other Party refuses to decline the case at the place of delivery or is negligent in providing the information or instructions necessary for delivery, the goods for delivery shall be stored for the risk and account of the Other Party, after Sensely Cosmetics has notified the Other Party. The Other Party is obliged to take out the purchased business at the time when it is available or handed to him. If, at the place of delivery, the Other Party refuses to decline or negligence with the supply of data or instructions necessary for delivery, the goods for delivery shall be stored for the risk and account of the Other Party. The other party will then be liable for all additional costs.

Delivery Terms

Delivery will take place within 2 to 3 business days. If a term has been agreed or given for delivery of the case, this term is only indicative and cannot be regarded as a fatal term. If Sensely Cosmetics requires data or instructions from the Other Party, which are necessary for delivery, the delivery period will take after the Other Party has provided this to Sensely Cosmetics. If the delivery period is exceeded, the Other Party Sensely Cosmetics must be in writing, in which Sensely Cosmetics is still afforded a reasonable time to deliver the case. A notice of cancellation is not necessary if delivery has become permanently impossible or otherwise Sensely Cosmetics has not shown its obligations under the Agreement. In the absence of Sensely Cosmetics within this period, the Other Party is entitled to dissolve the Agreement without legal intervention and / or claim compensation.

 

Risk Transition The items that are subject to the Agreement are until the time of bringing the business to the Other Party at the expense and risk of Sensely Cosmetics. The risk of loss, damage or impairment of items that are the subject of the Agreement shall be transferred to the Other Party as Company at the time when items are disclosed to the Other Party or a third party to be designated by the Other Party. The risk of loss, damage or impairment of items which are the subject of the Agreement shall be treated as a Consumer on the Other Party at the time when items in the power of the Other Party in the capacity of the Consumer or the Other Party Wise thirds are brought.

 

Payment

Payment is made by means of a transfer to a bank account designated by Sensely Cosmetics, unless otherwise agreed. Transfers can take place through online payment systems or an invoice.

As regards companies and wholesalers, payment is made both before and afterwards. In this case, the Other Party must meet 50% of the order and 50% afterwards. Subsequent payment must be made within 30 days of the invoice date, in a manner indicated by Sensely Cosmetics and in the currency in which it is invoiced, unless otherwise agreed. Sensely Cosmetics and the Other Party may agree that payment is made in installments. If payment has been agreed in terms of time, the Other Party must pay according to the terms and percentages as set out in the Agreement. The other party is not entitled to deduct any amount due to a claim made by him. Issues against the amount of the invoice do not suspend the payment obligation. After the expiration of the payment period mentioned on the invoice, the Other Party is in default, without default. The Other Party shall pay interest on the amount due from the moment of default of 2% per month, unless the legal interest rate is higher. In case of bankruptcy, surseance of payment or cash, the claims of Sensely Cosmetics and the Other Party's obligations towards Sensely Cosmetics are immediately due.

 

Collection Fees If the Other Party is in default or in default of (due) fulfillment of its obligations, all reasonable costs for obtaining compensation will be paid out of court by the Other Party. Regarding the extrajudicial (collection) costs, Sensely Cosmetics, in so far as the Other Party acts as Company, by way of derogation from article 6:96 paragraph 5 of the Civil Code and the Decree for extrajudicial collection costs, is entitled to compensation from 15% of the total outstanding principal with a minimum of € 90 for each invoice that is partially or partially not met. As regards the extrajudicial (debt collection) costs, Sensely Cosmetics, in so far as the Other Party acts as a Consumer, is entitled to the statutory maximum allowable compensation as stipulated in the Decree compensation for extrajudicial (debt collection) costs. Insofar as the Other Party acts in the capacity of Consumer, Sensely Cosmetics will only be entitled to compensation for extrajudicial (collection) costs, after Sensely Cosmetics has sent the Other Party a notice of receipt of the outstanding invoice or invoices within 14 days comply. Any reasonable judicial and execution costs incurred shall also be borne by the Other Party.

 

Giftcard can only be outsourced at Sensely Cosmetics. The Other Party must keep a voucher carefully. There is no compensation in case of theft or loss. A voucher is valid only during the validity period of 1 year.
Vouchers cannot be returned or redeemed for money. In case of remote purchase, vouchers can be returned within fourteen days. After this period, vouchers cannot be returned or redeemed for money.

Retention of title All of the goods delivered by Sensely Cosmetics under the Agreement remain the property of Sensely Cosmetics until the Other Party has been properly and fully complied with by virtue of the Agreement. The debtor also includes: the reimbursement of all costs and interest, including previous and subsequent deliveries and services, as well as damages for failure to comply. As long as the ownership of the delivered has not passed on to the Other Party, it may not resell, pledge or otherwise object to the object of the reservation of title, except in the normal course of his / her business.

 

Suspension If the Other Party does not comply fully or in full, the Sensely Cosmetics has the right to suspend compliance with the obligation in question. In case of partial or inadequate compliance, suspension is permitted only in so far as the defect justifies it. Sensely Cosmetics is also authorized to suspend compliance with the obligations if: - after the conclusion of the Agreement, Sensely Cosmetics has come to terms with circumstances that give good ground to fear that the Other Party will not fulfill its obligations; - The other party is requested upon the conclusion of the Agreement to provide security for the fulfillment of its obligations under the Agreement and this security is absent or insufficient; - occur in circumstances which are such that compliance with the Agreement is impossible or that unaltered maintenance of the Agreement cannot reasonably be required from Sensely Cosmetics. Sensely Cosmetics reserves the right to claim damages. Dissolution If the Other Party fails to comply fully or in a timely manner with the Agreement, Sensely Cosmetics is authorized to dissolve the Agreement immediately, unless the shortcomings do not justify the dissolution in its minor sense. Sensely Cosmetics is also authorized to dissolve the Agreement with immediate effect if: - after the conclusion of the Agreement, Sensely Cosmetics have come to terms that are giving good grounds to fear that the Other Party will not comply with the obligations; - The other party is requested upon the conclusion of the Agreement to provide security for the fulfillment of its obligations under the Agreement and this security is absent or insufficient; - Due to the delay on the part of the Other Party, Sensely Cosmetics can no longer be required to comply with the Agreement as agreed upon initially; - circumstances arise which are such that compliance with the agreement

It is impossible whether or not the unchanged maintenance of the agreement can not be expected from Sensely Cosmetics; - the other party is declared bankrupt, submits a request for payment of payment for the application of the debt relief requested by natural persons, is confined to a seizure of all or part of its property; - the other party is put under curative - The other party is to die. Dissolution by written notice without judicial intervention. If the Agreement is dissolved, the claims of Sensely Cosmetics on the Other Party are immediately due. If Sensely Cosmetics decomposes the agreement on the basis of the foregoing grounds, Sensely Cosmetics is not liable for any costs or damages. If the dissolution is attributable to the Other Party, the Other Party is liable for the damage suffered by Sensely Cosmetics.

 

Force majeure A defect cannot be attributed to Sensely Cosmetics or the Other Party, as the shortcoming is not due to its fault, nor due to legal, legal or traffic contexts. In this case, the parties are also not required to fulfill the obligations arising from the Agreement. Force majeure is understood in these Terms and Conditions, in addition to what is included in the law and jurisprudence, for all causes, provided or not for which Sensely Cosmetics cannot influence and which makes Sensely Cosmetics unable to comply with the obligations to come. Force majeure circumstances include: strike, exclusion, fire, water damage, natural disasters or other outward disasters, mobilization, war, traffic barriers, blockages, import or export barriers or other government measures, stagnation or delay in supply of raw materials or machine parts , Lack of labor, as well as any circumstances which impede the normal course in the company as a result of which Sensely Cosmetics cannot reasonably be honored by the Sensely Cosmetics Agreement. Sensely Cosmetics also has the right to invoke force majeure if the circumstance that prevents (further) compliance with the Agreement occurs after Sensely Cosmetics has been required to fulfill its commitment. In case of force majeure, the parties are not required to continue the Agreement or to be held liable for any damages. Both Sensely Cosmetics and the Other Party may, in whole or in part, suspend the obligations of the Agreement during the period of force majeure. If this period lasts longer than 2 months, both parties are entitled to dissolve the Agreement with immediate effect, by written notice, without judicial intervention without the parties being entitled to any damages. If the situation of force majeure is temporary, Sensely Cosmetics reserves the right to suspend the agreed performance for the duration of the force majeure. In case of permanent force majeure, both parties are entitled to disband the Agreement out of court. If Sensely Cosmetics at the time of the commencement of force majeure has fulfilled its obligations under the Agreement, it has now partially met or fulfilled it, and

Complied with or to be considered as independent value, Sensely Cosmetics is entitled to invoice separately for the already respected or remaining part. The Other Party is required to comply with this invoice if there is a separate agreement.

 

 

Warranties Sensely Cosmetics guarantees that the goods delivered correspond to the agreement. Sensely Cosmetics also ensures that the delivered items meet the usual requirements and standards that can be made reasonable and that the items that have characteristics that take into account all conditions are required for normal use. The warranty stated in these General Terms and Conditions applies to use inside and outside the Netherlands. The warranty applies, from the time of delivery, for a period of 6 months, unless otherwise agreed by the nature of the delivery or parties have agreed otherwise. Upon expiration of the warranty period, all costs for repair or replacement, including administration, shipping and forwarder costs will be charged to the Other Party. If the delivered item is manufactured by a third party, then the warranty provided by this third party shall apply unless otherwise indicated. If the delivered Product does not meet the warranty, Sensely Cosmetics will, after mentioning this, replace or repair the Product within a reasonable time after receipt. When the warranty period expires, all costs for recovery or replacement, including administration, shipping, and forwarder fees, shall be borne by the Other Party. Any form of warranty will expire if a defect arises due to improper use or lack of care, whether it is a consequence of changes made by the Other Party or third parties. Nor does Sensely Cosmetics provide for any damage caused as a result of these defects. The warranty also expires if the defect is caused by or due to circumstances where Sensely Cosmetics can not influence. Among these conditions are weather conditions included.

 
Research and Advertising The Other Party is obliged to investigate the delivered items at the time of delivery, but in any case within 3 days after delivery. In addition, the Other Party should investigate whether the quality and quantity of the delivered consignment correspond to what has been agreed, at least complying with the requirements that apply to normal trade. Visible defects and deficiencies must be reported to Sensely Cosmetics in writing within 3 days of delivery of the Product. The defective Product must be returned together with the proof of purchase, unless this is impossible or unreasonable. The right to (partial) refund of the price, repair or replacement of the Product or damages will expire if defects are not reported within the stipulated term unless due to the nature of the Product or from circumstances of the case a wider term. The payment obligation will not be suspended if the Other Party Sensely Cosmetics informs about the defective case within the set deadline. If promptly recalled, the Other Party is obliged to decline and pay the purchased goods unless it is not self-worth.

Liability Sensely Cosmetics is only liable for direct damage caused by conscious recklessness or intention of Sensely Cosmetics. Sensely Cosmetics is not liable for any damage whatsoever due to Sensely Cosmetics assuming incorrect and / or incomplete data provided by the Other Party, unless this incorrectness or incompleteness for Sensely Cosmetics should be known. Should Sensely Cosmetics be liable for any damage, Sensely Cosmetics's liability is limited to a maximum of € 5000 or to the amount of insurance covered by Sensely Cosmetics, plus the risk that Sensely Cosmetics is in accordance with the insurance. Sensely Cosmetics is in no way liable for damage caused by defects of Sensely Cosmetics enabled third parties. The Other Party shall report the damage for which Sensely Cosmetics may be held liable, as soon as possible, but at least 10 days after the onset of the damage to Sensely Cosmetics, for any damages of any compensation for this damage. Any liability claim against Sensely Cosmetics expires within one year after the Other Party has become aware of the damaging fact or could reasonably have been known with it.

 

Indemnity The Other Party indemnifies Sensely Cosmetics for any third party claims which, in connection with the performance of the Agreement, suffer damage and which is attributable to the Other Party. If Sensely Cosmetics were to be used by third parties, the Other Party is obliged to assist Sensely Cosmetics both outside and in court. All costs and damages on the part of Sensely Cosmetics and third parties will be borne by the Other Party at the expense and risk.

 

Limitation period For all claims relating to Sensely Cosmetics and the third parties affected by Sensely Cosmetics (possibly), a limitation period of one year applies, in derogation from the statutory limitation periods. The foregoing does not apply to claims based on the failure to respond to the delivered matter to the Agreement. In this case, the claims will expire over two years after the other party has informed Sensely Cosmetics of the lack of the delivered case.

 

Intellectual Property Sensely Cosmetics retains the rights and powers that it receives under the Copyright Act and other intellectual property laws. Sensely Cosmetics reserves the right to use any knowledge gained through the performance of the work for other purposes, provided that no confidential information is disclosed to third parties.

 

Privacy The information and information provided by the Other Party to Sensely Cosmetics will keep Sensely Cosmetics carefully and confidentially. Sensely Cosmetics is the sole discretion of the Other Party

 

Use in the context of the performance of his delivery obligation or the handling of a complaint. Sensely Cosmetics is not allowed to lend, rent, sell or otherwise disclose the Other Party's personal data. If Sensely Cosmetics is required to provide confidential information to third parties on the basis of a legal provision or a judgment, Sensely Cosmetics may not rely on a lawful or authorized or authorized right of change, Sensely is Sensely Cosmetics are not held for damages or compensation. In addition, the Other Party is not entitled to terminate the Agreement on the basis of any damage that has arisen. The Other Party agrees that Sensely Cosmetics approaches the Other Party for statistical research or customer satisfaction research. If the Other Party does not want to be approached for investigation, the Other Party may disclose this. Sensely Cosmetics reserves the right to use the other party's anonymous data for (statistical) research and database.

 

Cookies The information and information provided by the Other Party to Sensely Cosmetics and Sensely Cosmetics will keep Sensely Cosmetics carefully and confidentially. Sensely Cosmetics may use the Other Party's personal data solely for the purpose of carrying out its delivery obligation or handling a complaint. The information that Sensely Cosmetics collects through cookies can be used for functional and analytical purposes. Sensely Cosmetics is not allowed to lend, rent, sell or otherwise disclose the Other Party's personal data. If Sensely Cosmetics is required to provide confidential information to third parties on the basis of a legal provision or a judgment, Sensely Cosmetics may not rely on a lawful or authorized or authorized right of change, Sensely is Sensely Cosmetics are not held for damages or compensation. In addition, the Other Party is not entitled to terminate the Agreement on the basis of any damage that has arisen. The Other Party agrees that Sensely Cosmetics approaches the Other Party for statistical research or customer satisfaction research. If the Other Party does not want to be approached for investigation, the Other Party may disclose this. Sensely Cosmetics reserves the right to use the other party's anonymous data for (statistical) research and database.

 

Newsletter The Other Party can sign up for the newsletter. The newsletter keeps the Other Party informed of the latest news and latest developments. The Other Party receives the newsletter by mail. The Other Party may unsubscribe from the newsletter at any time in writing or through the hyperlink. The Other Party will no longer receive messages. Applicable law and disputes All legal relationships involving Sensely Cosmetics are exclusively Dutch law. This also applies if a commitment is executed in whole or in part abroad or if the Other Party is domiciled abroad.

 

The applicability of the Vienna Sale Convention is ruled out.