Terms & conditions
TERMS & CONDITIONS
Article 1: Definitions
1.1. User: Khalys hair and its legal successors.
1.2. Customer: natural and legal persons who conclude an agreement with Khalys hair.
Article 1b: Identity
Kalfjeslaan 68 2623AJ Delft The Netherlands
Article 2: General
2.1. These conditions apply to all offers and agreements between the user and the customer, unless this is explicitly deviated from.
2.2. If any condition becomes fully or partly void or invalid, the remaining conditions remain in full force. The user will then work with the customer to replace the void or voided condition by a new condition. The new condition is drawn up according to the purpose and intent of the condition to be replaced.
2.3. These conditions also apply to agreements whereby user uses third parties for implementation.
2.4. In case of lack of clarity concerning a condition, it must be interpreted in the spirit of these terms and conditions. This explanation is also used when a situation arises that is not covered in these conditions.
2.5. The user can, to the benefit of the customer, deviate from these conditions or implement them in a different manner. However, this does not mean that these conditions do not apply. The user reserves the right to require compliance with these conditions.
Article 3: Agreement and offers
3.1. The agreement is entered into digitally or in writing.
3.2. The webshop sets out the products to be delivered and includes the agreed price.
3.3. At the discretion of the user, the agreement may be fully or partially carried out by a third party.
3.4. The user has the right to amend the agreement or withdraw when the agreement is based on inaccurate or incomplete information provided by the customer. The user can suspend the agreement or charge extra when the customer does not provide the required information in a timely, inaccurate or incomplete manner.
3.5. The user may suspend or terminate the agreement with immediate effect if the customer fails to, or in a timely manner, comply with the obligations in the agreement or these conditions or the user has a well-founded fear that this will occur and this default justifies suspension or termination. In this case, the user has no obligation to pay damages or compensation, while the customer is obliged to do so because of breach of contract.
3.6. All offers are non-binding and valid as indicated online. The user has the right to amend an offer or withdraw when it is based on inaccurate or incomplete information provided by the customer.
Article 4: No right of withdrawal customer purchases
4.1. The customer has no right of withdrawal because products that are delivered to the customer are not suitable to be returned for reasons of health protection or hygiene and where the seal has been broken by the customer.
Article 5: Terms
5.1. An agreed period only starts after any materials and information have been provided by the customer.
5.2. The user does his utmost best to comply with the agreed periods, which are included in the agreement. The user will not be in default if they exceed the agreed periods.
Article 6: Prices and payment
6.1. The agreed prices are inclusive of VAT, unless this is explicitly deviated from.
6.2. Payment is made online by the customer.
Article 7: Liability
7.1. Should the user be liable for any damages, the user's liability is limited to the direct damages. The user's liability is limited to the invoice value of the agreement, at least to that part of the agreement to which the liability relates.
7.2. The user is never liable for indirect damages, including consequential damages, lost profits, lost savings and damage due to business interruption. The user is also never liable for damage caused because the user assumed incorrect or incomplete information provided by the customer.
7.3. Direct damage is exclusively: the reasonable costs incurred to determine the cause and extent of the damage, the reasonable costs incurred to still implement the agreement correctly and reasonable costs to prevent or limit the damage. These costs only fall under the direct damage if it is found that the damage is attributable to the user.
7.4. The limitation of the user's liability is only valid if there is no damage as a direct result of intent or gross negligence by the user, one of his subordinates or third parties.
7.5. If the user can not or does not properly fulfil the agreement at the hands of the customer, the customer is held responsible for all direct and indirect damage on the part of the user.
7.6. The customer indemnifies the user against any claims of third parties suffering damage in connection with the execution of the agreement and of which the cause can be attributed to another than the user. If for this reason the user is addressed by third parties, the customer is obliged to assist the user both outside and in law and immediately do for him which can be expected in that case. Should the customer fail to undertake adequate measures, the user is, without notice, entitled to undertake these measures. All costs and damages that result on the part of the user and third parties are for the account and risk of the customer.
Article 8: Intellectual Property
8.1. User retains all intellectual property rights.
Article 9: Force majeure
9.1. In case of force majeure, user obligations arising from the agreement concluded with the customer, are suspended. The user notifies the customer as soon as possible of the force majeure situation.
9.2. Force majeure means, in addition to what is understood in law and jurisprudence, all external causes, foreseen or unforeseen, which the user cannot influence and whereby the user is unable to meet his obligations. This could include, among other things: strikes, technical complications, illness of deployed personnel, governmental measures, failures, etc..
9.3. The user has the right to suspend his obligations during a force majeure. The user has no obligation to pay any damages as a result of the force majeure.
9.4. The parties have the right to terminate the agreement if the force majeure lasts longer than 60 days. The parties have no obligation to pay any damages as a result of the termination.
9.5. If the user has already partially fulfilled or can still meet the agreement and the section is of independent value, the user is entitled to invoice this separately. There will be a separate agreement; the customer is therefore obliged to pay this invoice.
Article 10: Complaints, applicable law and disputes
10.1. If the customer has a complaint, he can submit it to the user. If this does not lead to a solution, the customer can register the complaint via the ODR platform of the European Commission.
10.2. To all legal relationships whereby the user is party, Dutch law is exclusively applicable, also if an agreement wholly or partly executed abroad or if the party involved in the legal relationship resides there.
10.3. The court in the location of the user is exclusively competent to take note of any disputes, unless the law requires otherwise. Nevertheless, the user has the right to submit the dispute to the legally competent court.
10.4. The parties will first appeal to the courts after they have done their utmost to settle a dispute in mutual consultation.