Attention!
This legal text is based on Dutch legislation.
Article 1: Suitability
1.1 These general conditions (hereafter: conditions)
apply to all agreements and all offers and
orders of Ariane Inden Cosmetics V.O.F. (hereafter
Ariane Inden).
1.2 These conditions are deposited at the Chamber
of Commerce in Amsterdam and can be sent to you
at your demand. You can also read the conditions
at www.arianeinden.com.
1.3 Declination to these conditions is only binding
when they are confirmed written by Ariane Inden.
The remaining conditions remain in force unabridged.
1.4 By ordering or accepting an offer you declare
to accept these conditions.
1.5 Ariane Inden can enlist middlemen or other
third parties to perform your order. These conditions
remain applied.
Article 2: Offers/agreements
2.1 All Ariane Inden offers are non-committal
and are valid as long as it is in stock. This
also counts on all offers at the website www.arianeinden.com.
2.2 The “as long as it is in stock” part
of determination 2.1 does not apply to written
offers in which validity is mentioned.
2.3 Offers count only once and are not to be
put in back order without written permission.
2.4 The specifications of an order are provided
approximately, but don’t tie Ariane Inden.
2.5 Compounded offers and prices don’t
commit Ariane Inden to deliver a part of the
products mentioned in the offer for a part
of the prices mentioned.
2.6 When offers and prices contain written
mistakes or faults, which you reasonably could
have understand,
Ariane Inden can’t be adhered to these
offers and prices.
2.7 An agreement with Ariane Inden can only be
achieved when Ariane Inden has accepted your
order.
2.8 Ariane Inden can refuse your order if necessary,
or apply additional conditions to it. Ariane
Inden will let you know within 10 working days
after receiving your order.
2.9 Discount coupons and special offers are not
exchangeable for money or other products and
services than mentioned at the discount coupon
or in the special offer.
Article 3: prices
3.1 The prices of our products
and services are, unless explicitly differently
agreed, in Euros,
including V.A.T. and excluding handling-
and sending costs.
3.2 The purchase price is the applied price
at the day of delivery.
3.3 Ariane Inden can change the fixed prices
at all times. Ariane Inden will certainly
change prices when legal regulations, recipes,
costs,
rates, market circumstances, assortment compilation
or other causes.
3.4 In case of increasing products- and services
prices in between the time of ordering and
carrying out your order, you can cancel your
order or
dissolve the agreement within 10 working
days after the announcement of increasing
prices,
made by Ariane Inden.
Article 4: Payments
4.1 Paying the purchase price, without discounts
or compensation, should be done within 8 days
after your order.
4.2 Payment can occur in one of the ways
specified during the ordering procedure.
When paying by
bank or giro the counting date of payment is
the date of credit on Ariane Inden’s
bank account.
4.3 Objections against possible costs and the
height of the selling price don’t postpone
the obligatory payment.
4.4 When called within the term of payment in
4.1 none or no complete payment has taken place,
from that date concerning, the amount an interest
charged of 1% per month or part of a month becomes
chargeable.
4.5 If Ariane Inden has to send a summation
because you didn’t pay within the term of payment
in 4.1, you will be charged the amount of € 15,-
excl VAT administration costs each time, besides
the unpaid amounts and interest.
4.6 If you are in lack with complying with
one or several obligations, all reasonable
costs
Ariane Inden has to make to keep their obligations,
is at your expense. When this considers a money
claim, you are indebted to the collection costs
of 15% of the unpaid amounts, with a minimum
of € 100,- excl VAT.
4.7 Besides, all higher costs made by Ariane
Inden in these, come at your expense.
Article 5: Supply and delivery period
5.1 Supply of the products takes place at the
location and the time on which the products
are ready for sending, hereby the risk of the
products pass on to you.
5.2 Supply will take place if all payment obligations
are settled.
5.3 Sending will be provided by TPG Post. Packages
will be offered to the given address twice, after
this the package can be collected at the post
office. Any possible costs for not collecting
the package come at your expense.
5.4 Ariane Inden will make an effort to provide
the goods within the given delivery period.
5.5 The given delivery periods are an indication
and apply not as fatal period. If the indicative
delivery periods are exceeded, this gives no
right to claim damages, dissolving the agreement,
or abandoning the order.
5.6 If the delivery period has exceeded in
such a way you can’t be reasonably expected
to maintain the agreement, you are entitled
to cancel or dissolve the agreement.
Article 6: Guarantee
6.1 Ariane Inden guarantees the provided products
meet the usual requirements and standards which
they can be put to.
6.2 If the supplied products can’t
be put to the usual requiring and standards,
you can
put the intended complaints procedure in functioning.
Article 7: Protest
7.1 You need to check the goods at the moment
of delivery to see if it satisfies to the usual
requirements.
7.2 Possible visible shortages should be reported
in writing at Ariane Inden within 7 days after
receiving the goods and have to be presented
mentioning ordering data, invoice- and mailing
number.
7.3 Hidden defects should be reported in writing
at Ariane Inden after 7 days after concluding,
yet within 6 months after delivery.
7.4 If Ariane Inden concludes a delivery doesn't
apply to the agreement indeed, Ariane Inden should
choose to refund the amount (if paid), or remunerate
in products.
7.5 If you don't want to receive an ordered product
(without shortages), you can return the product
to Ariane Inden within 7 days after delivery.
The product has to be unopened, in its original
sealed package and undamaged. The costs of returning
the shipment come at your expense. We can't receive
unstamped shipments.
7.6 If you have paid for the products, Ariane
Inden will refund the product's cost price within
30 days after receiving the returned shipment
(in accordance with the conditions in article
7.5).
Article 8: Liability
8.1 If goods or services provided by Ariane
Inden are inadequate, our liability has been
restricted
to the guarantee mentioned in article 6.
8.2 Ariane Inden has no responsibility if
damage is done due to criminal intent and/or
gross faults
and/or reproachable handling and/or judging
inability and/or improper use by the consumer,
or exposing
the products to humidity, extreme warmth, coldness
or dryness.
8.3 We have no responsibility for a misunderstanding,
damages, delays or communication lacks in ordering
or announcements by using computers, telephone,
the internet or any other means of communication
between you and Ariane Inden or between Ariane
Inden and third parties, except if there's
talk of criminal intent or gross faults by
Ariane
Inden.
Article 9: Ownership reservation
9.1 The provided products remain property of
Ariane Inden and only pass on after Ariane
Inden received the complete buying price and
all debts paid, based on any agreement with
Ariane Inden.
9.2 As long as the complete payment of the products
has not been received by Ariane Inden, you are
not authorized to pawn or entirely or partially
estrange the products to third parties.
Article 10: Intellectual and industrial ownership
rights
10.1 Customer has to respect all intellectual
and industrial ownership rights which rest on
products and services provided by Ariane Inden.
10.2 Ariane Inden cannot guarantee products or
services provided to the customer don't violate
(unwritten) intellectual and industrial ownership
rights of third parties.
Article 11: Supremacy
11.1 Supremacy mentioned in this article means
when Ariane Inden can't meet their obligations
and this can't be blamed to Ariane Indens
and it gives Ariane Inden the right without
judicial intervention, to postpone or entirely
or
partially
dissolve the agreement without being held
to any compensation. Ariane Inden has no responsibility
for any damage if Ariane Inden is unable
to
apply to their obligations by causes beyond
their control.
11.2 Supremacy as mentioned in 11.1 of
this article includes, besides everything
described below
in the law and jurisprudence, also each strange
cause, which Ariane Inden can't be blamed
for such as:
restrictive government measures of whatever
nature, war, strike, boycott and/or other
company disorders
at Ariane Inden and/or their suppliers, sequestration,
discontinuance of production, lack raw materials,
semi-finished products, aid substances and/or
energy and natural disasters, fire, and revolution.
11.3 If, entering supremacy, Ariane Inden
had applied to part of their agreement or
still can
apply, Ariane Inden shall charge this part
and you should meet your obligations as if
this concerns
an individual agreement.
Article 12: Not complying to one's obligations
12.1 If you don't comply to any obligation,
not swift or not considerably, Ariane Inden
has the right to suspend implementation of the
agreement entirely or partially, or if
you
still don't considerably comply to your
obligations, unilaterally dissolve the complete
agreement
or parts f it immediately, without being
kept
to any compensation, undiminished Ariane
Inden's all further belonging rights.
12.2 In case of bankruptcy, trusteeship, requested
or obtained postponement of payment, Ariane
Inden has the right to suspend the implementation
of
the agreement entirely or partially, without
being kept to any compensation, undiminished
any further belonging rights of Ariane Inden.
Article 13: Miscellaneous
13.1 If any determination from these conditions
run counter to the appropriate right, these
will expire and be replaced by a similar
determination, specified by Ariane Inden.
13.2 The invalidity of a determination from
these conditions will have no influence on
the remaining
determinations of these conditions.
13.3 If Ariane Inden has yes or no tacitly
allowed deviations of these conditions during
sorter
or longer time, Ariane Inden still can demand
direct and strict compliance with these conditions.
You can't derive rights from the fact that
Ariane Inden applies or has applied these
conditions
smoothly.
13.4 Ariane Inden is entitled to let third
parties carry out your order.
Article 14: Changes of address
14.1 Consumer
is obliged to keep Ariane Inden informed of
each change of address or removal
in writing.
14.2 If consumer fails to do this swiftly,
towards Ariane Inden one remains responsible
for all
obligations regarding to the articles which
are sent to one's old address.
Article 15: Appropriate right and disputes
15.1 Only the Dutch right applies to each order,
offer and agreement with Ariane Inden. Possible
insoluble disputes can only be presented
to the competent judge in the district Amsterdam.
Article 16: Depot
16.1 The General sale conditions are deposited
and lie for inspection at the Chamber of
Commerce and Factories in Amsterdam.
16.2 Ariane Inden has the right to modify their
general sale conditions.
16.3 At the moment of coming about an agreement
the last version applies each time.