Terms and Conditions
Lalika
Email: info@laliqa.com
Website: www.laliqa.com
- Laliqa: Laliqa, established in Amsterdam under Chamber of Commerce no. 86970283.
- Customer: the person with whom Laliqa has entered into an agreement.
- Parties: Laliqa and customer together.
- Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Laliqa.
The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.
Prices
All prices used by Laliqa are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
All prices that Laliqa uses for its products, on its website or otherwise made known, Laliqa can change at any time.
Increases in the cost prices of products or parts thereof, which Laliqa could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Samples and models
If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .
Payments and payment term
Laliqa may, upon entering into the agreement, require a down payment of up to 50% of the agreed amount.
The customer must make payments afterwards within after delivery.
Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount no later than on the last day of the payment term, he is legally in default and in default, without Laliqa having to send the customer a reminder or to declare it in default.
Laliqa reserves the right to make a delivery dependent on immediate payment or to demand security for the total amount of the services or products.
Consequences of not paying on time
If the customer does not pay within the agreed term, Laliqa is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is in default. whereby part of a month is counted as a whole month.
When the customer is in default, he is also due to pay extrajudicial collection costs and any compensation to Laliqa.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, Laliqa may suspend its obligations until the customer has fulfilled its payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Laliqa against the customer are immediately due and payable.
If the customer refuses to cooperate with the implementation of the agreement by Laliqa, he is still obliged to pay the agreed price to Laliqa.
Right of advertising
As soon as the customer is in default, Laliqa is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
Laliqa invokes the right of recovery by means of a written or electronic communication.
As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right relates to Laliqa, unless the parties make other agreements about this.
The costs of returning or returning the products are the responsibility of the customer.
Right of withdrawal
A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
Right of withdrawal
A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
the product has not been used. This does not apply to pigments, pigments cannot be returned for safety reasons.
it is not a product specially tailored or modified for the consumer
it is not a product that cannot be returned for hygiene and safety reasons
the consumer has not waived his right of withdrawal
The cooling-off period of 14 days as referred to in paragraph 1 commences:
on the day after the consumer has received the last product or part of 1 order as soon as the consumer has confirmed that he will purchase digital content via the internet
The consumer can make his appeal to the right of withdrawal known via info@laliqa.com, if desired using the withdrawal form that can be downloaded from the website of Laliqa, www.laliqa.com.
The consumer is obliged to return the product to Laliqa within 14 days after notification of his right of withdrawal, failing which his right of withdrawal will lapse.
Reimbursement of delivery costs
If the consumer has made timely use of his right of withdrawal and as a result has returned the complete order to Laliqa on time, Laliqa will refund any shipping costs paid by the consumer within 14 days after receipt of the timely and complete returned order to the consumer.
The costs for delivery are only for the account of Laliqa insofar as the entire order is returned.
Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the consumer.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
right of retention
Laliqa can invoke its right of retention and in that case keep products of the customer until the customer has paid all outstanding invoices with regard to Laliqa, unless the customer has provided sufficient security for those costs.
The right of retention also applies on the basis of previous agreements from which the customer still owes payments
The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Laliqa.
Laliqa is never liable for any damage that the customer may suffer as a result of using his right of retention.
Settlement
Unless the customer is a consumer, the customer waives his right to set off a debt to Laliqa against a claim against Laliqa.
Retention of title
Laliqa remains the owner of all delivered products until the customer has fully complied with all its payment obligations towards Laliqa under whatever agreement concluded with Laliqa, including claims for non-compliance.
Until that time, Laliqa can invoke its retention of title and take back the goods.
Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
If Laliqa invokes its retention of title, the agreement is deemed to have been dissolved and Laliqa has the right to claim compensation, lost profit and interest.
Delivery
Delivery takes place while stocks last.
Delivery takes place at Laliqa, unless the parties have agreed otherwise.
Delivery of products ordered online takes place at the address indicated by the customer.
If the agreed amounts are not paid or not paid on time, Laliqa has the right to suspend its obligations until the agreed part has been paid.
In the event of late payment, there is creditor default, with the result that the customer cannot object to a late delivery against Laliqa.
Delivery time
The delivery times specified by Laliqa are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
The delivery time commences when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation of this from Laliqa.
Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Laliqa cannot deliver within 14 days after being notified in writing or the parties have agreed otherwise.
Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Transportation costs
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Packaging and shipping
If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Laliqa cannot be held liable for any damage. .
If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to Laliqa prior to transport, failing which Laliqa cannot be held liable for any damage.
custody
If the customer does not purchase ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
Any additional costs as a result of premature or late purchase of products are entirely for the account of the customer.
Guarantee
The warranty with regard to products only applies to defects caused by faulty manufacturing, construction or material.
The guarantee does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties passes to the customer at the moment when they are legally and/or actually delivered, or at least come under the control of the customer or of a third party. third party who receives the product on behalf of the customer.
exchange
The exchange of purchased items is only possible if the following conditions are met: exchange takes place within 14 days after purchase on presentation of the original invoice
the product is returned in its original packaging or with the original (price) tags still attached
the product has not yet been used. In addition, pigments cannot be exchanged for safety reasons.
Discounted items, non-perishable items such as foodstuffs, custom-made items or items and pigments specially adapted for the customer cannot be exchanged.
disclaimer
The customer indemnifies Laliqa against all third-party claims related to the products and/or services supplied by Laliqa.
Complaints
The customer must examine a product or service provided by Laliqa as soon as possible for any shortcomings. The customer must make this known within 3 days after delivery.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Laliqa of this as soon as possible, but in any case within 3 days after the discovery of the shortcomings.
Consumers must inform Laliqa of this within 3 days after the discovery of the shortcomings.
The customer provides a description of the shortcoming that is as detailed as possible, so that Laliqa is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to Laliqa being obliged to perform other work than has been agreed.
Notice of default
- The customer must notify Laliqa of any notice of default in writing.
- It is the responsibility of the customer that a notice of default actually reaches Laliqa (in time).
Joint and several liability customer
If Laliqa enters into an agreement with multiple customers, each of them will be jointly and severally liable for the full amounts owed to Laliqa under that agreement.
Liability Laliqa
Liability Laliqa
Laliqa is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
If Laliqa is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
Laliqa is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
If Laliqa is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability is concerned.
All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Expiry period
Any right of the customer to compensation from Laliqa expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.
Right to dissolution
The customer has the right to dissolve the agreement if Laliqa imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by Laliqa is not permanently or temporarily impossible, dissolution can only take place after Laliqa is in default.
Laliqa has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if Laliqa has become aware of circumstances that give it good grounds to fear that the customer will not fulfill its obligations. will be able to fulfill properly.
Force majeur
In addition to the provisions of article 6:75 of the Dutch Civil Code, a shortcoming of Laliqa in the fulfillment of any obligation towards the customer cannot be attributed to Laliqa in a situation independent of the will of Laliqa, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from Laliqa.
The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
If a force majeure situation occurs as a result of which Laliqa cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until Laliqa can meet them again.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
Laliqa does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.
Change of the agreement
If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
The previous paragraph does not apply to products purchased in a physical store.
Change of general terms and conditions
- Laliqa is entitled to change or supplement these general terms and conditions.
Laliqa is entitled to change or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major substantive changes will be discussed by Laliqa with the customer in advance as much as possible.
Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Laliqa.
This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code.
Consequences nullity or voidability
If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
In that case, a provision that is void or voidable will be replaced by a provision that comes closest to what Laliqa had in mind when drawing up the conditions on that point.
Applicable law and competent court
Dutch law applies exclusively to every agreement between the parties.
The Dutch court in the district where Laliqa is established / has its practice / has its office has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.
Drafted January 15, 2023.
IZZI Beauty BV.