General Terms and Conditions CLV Cosmetics

 

Drafted on 15 January 2019

General Terms and Conditions of CLV Cosmetics, established in Hoofddorp, the Netherlands, registered with the Chamber of Commerce under number 73320749.

 

Definitions

In these General Terms and Conditions, the following terms are used as defined below, unless explicitly stated otherwise.

General Terms and Conditions:                  

The General Terms and Conditions as stated below.

CLV Cosmetics:                                       

CLV Cosmetics, registered with the Chamber of Commerce under number 73320749.

Service:                                                

All work, of whatever form, that CLV Cosmetics has carried out for, or for the benefit of, the Client.

Honorarium:                                           

The financial reimbursement that is agreed with the Client for the performance of the assignment.

Assignment:                                            

The contract of instruction to provide services.

Client:                                                   

The one who has accepted the validity of these General Terms and Conditions and given instructions for the provision of the Service.

 

Contract:                                               

Any contract entered into between CLV Cosmetics and the Client.

 

Scope

These General Terms and Conditions apply to every quotation and Contract entered into between CLV Cosmetics and the Client, unless the parties are departed from the General Terms and Conditions explicitly and in writing.

These General Terms and Conditions are also applicable to contracts with CLV Cosmetics for the implementation of which third parties must be involved.

The applicability of any of the Client’s purchasing conditions or other general terms and conditions is expressly excluded.

If one or more provisions of these General Terms and Conditions are void or voidable, the other provisions of these General Terms and Conditions remain in effect. In this event, CLV Cosmetics and the Client will consult with each other to agree new provisions to replace the void or voided ones.

Departures from the Contract and the General Terms and Conditions are only valid if they are explicitly agreed with CLV Cosmetics in writing.

Offers and/or quotations 

Offers and/or quotations should preferably be made in writhing and/or in electronic form, unless pressing circumstances make this impossible.

All offers and/or quotations are without obligation/non-binding, unless a period for acceptance is stated in the offer and/or quotation. If in the offer and/or quotation a period for acceptance is stated the offer or quotation will lapse after this period has expired. 

CLV Cosmetics cannot be held to its offer and/or quotations if the Client, in accordance with the requirements of reasonableness and fairness and generally accepted standards, should have understood that the offer and/or quotation or an element thereof contains a manifest fault or clerical error.

If the acceptance departs from the offer and/or quotation included in the offer and/or quotation, whether or not on points of minor importance, then CLV Cosmetics is not bound by this. The Contract then does not come into being in accordance with this differing acceptance, unless CLV Cosmetics indicates otherwise.

A composite offer and/or quotation does not oblige CLV Cosmetics to perform an element of the Assignment for a corresponding part of the stated price.

Offers and/or quotations do not automatically apply to future orders or reorders.

Formation of the contract 

The Contract comes into being through the timely acceptance and paymentby the Client of CLV Cosmetics’s offer and/or quotation. If the total invoice amount is not met within the expiration period, the booking will be cancelled by CLV cosmetics.

Duration of the contract 

The Client and CLV Cosmetics may enter into a Contract for a limited period. The Client and CLV Cosmetics will agree the period in mutual consultation.

Ending of the contract 

CLV Cosmetics and the Client could terminate the Contract at any time by mutual consent.  

Both the Client and CLV Cosmetics are entitled to terminate the Contract at any time, with the observance of a period of notice of one months.

Cancellation of the contract


In case of force majeure, including illness, CLV Cosmetics may at any time cancel the order partially or completely. Billing is then proportionately adjusted. For assignments for bridal make-up and bridal hairstyle, CLV Cosmetics has a pool of colleagues who might be able to take over the assignment. However, availability is never guaranteed. 

If the client partially or completely cancels an agreement, the costs incurred by CLV cosmetics, including compensation to third parties, will be reimbursed by the client as a result of this cancellation.

If a posted order is cancelled, the client owes CLV Cosmetics the following cancellation costs:

  • In case of cancellation from the 30th day until the trial session or from the 60th day until the 30th day before the assignment and/or wedding date, the cancellation fee is 30% of the total costs of the assignment and/or the bridal arrangement. 

  • In case of cancellation from the 30th day until the 14th day before the order and/or wedding date or after the trial session for bridal packages, the cancellation fee is 50% of the total costs of the assignment and/or the bridal arrangement. 

  • In case of cancellation from the 14th day until the 7th day before the order and/or wedding date, the cancellation fee is 75% of the total costs of the assignment.

  • In case of cancellation from the 7th day before the order and/or wedding date, the cancellation fee is 100% of the total costs of the assignment.

 

Amendments to the contract

If, during the implementation of the Contract, it becomes apparent that it is necessary to amend or supplement the Contract to ensure its proper implementation, then CLV Cosmetics will inform the Client of this as soon as possible. The parties will then amend the Contract in a timely manner and in mutual consultation.

If the parties agree that the Contract will be amended or supplemented, this can influence the time of the completion of the implementation. CLV Cosmetics will inform the Client of this as soon as possible.

If the amendment or supplementation of the Contract will have financial, quantitative and/or qualitative consequences, then CLV Cosmetics will inform the Client of this in advance.

If a fixed Honorarium and/or fee is agreed, then CLV Cosmetics will indicate the extent to which the amendment or supplementation of the Contract will influence the price. In this event CLV Cosmetics will attempt, as far as possible, to issue a quotation in advance.

CLV Cosmetics may not make any additional charges if the amendment or supplementation is a consequence of circumstances that can be attributed to CLV Cosmetics.

Amendments to the Contract originally entered into between the Client and CLV Cosmetics are only valid from the time at which these amendments are accepted in writing by both parties by means of a supplementary or amended Contract.

 

Implementation of the contract 

CLV Cosmetics will implement the Contract to the best of its knowledge and ability, and in accordance with the requirements of good workmanship.

CLV Cosmetics is entitled to arrange for certain work to be carried out by third parties. The applicability of articles 7:404, 7:407, paragraph 2 and article 7:409 of the Dutch Civil Code is explicitly excluded.

CLV Cosmetics is entitled to implement the Contract in phases.

If the Contract is implemented in phases, CLV Cosmetics is entitled to invoice and require payment for each implemented element separately. If and for as long as this invoice is not paid by the Client, CLV Cosmetics is not obliged to implement the following phase, and is entitled to suspend the contract.

If the Contract is implemented in phases, CLV Cosmetics is entitled to suspend the implementation of those elements that belong to the following phase or phases until the Client has approved in writing the results of the preceding phase.

The Client will issue all information or instructions that are necessary for the implementation of the Contract, or which the Client can be reasonably expected to understand are necessary for implementation of the Contract, to CLV Cosmetics in a timely manner.

If the above-mentioned information and instructions are not issued, or not issued in a timely manner, then CLV Cosmetics is entitled to suspend the implementation of the Contract. The additional expenses that are incurred through the delay will be borne by the Client.

 

Honorarium

The Honorarium and/or the fees are expressed in euros, inclusive of VAT and other government levies, unless indicated otherwise.

CLV Cosmetics can be hired for a particular service where the rate for this service is pre-recorded or for a certain amount of hours. When booking at an hourly basis, the hourly rate applies.

If the number of hours booked by the Client is exceeded, the first hour that is no longer within the booking will be posted as overtime and invoiced according to the standard hourly rate. Any additional overtime will also be based on the standard hourly rate with addition of 50%.

The Honorarium and/or the fees are expressed in euros, exclusive of travel, accommodation, packaging, delivery, transportation costs and administration costs, unless indicated otherwise.

The travel expenses incurred by CLV cosmetics for its activities are borne by the Client and are based on a kilometer fee of €0.35 per kilometer.

The parking costs incurred by CLV cosmetics for his or her work are borne by the client.

In addition to the mileage money the Client will also be charged an hourly rate if a single trip concerns longer than one hour of travel time. This hourly rate concerns the standard hourly rate of 75 euros per hour.

Any extensions to the Contract that are made on the day of implementation must be paid on the same day through card payment by means of a mobile ATM made available by CLV cosmetics. The amount that needs to be paid is always exclusive of 1.95% transaction costs.

CLV Cosmetics will provide a statement of all associated costs, or provide information on the basis of which these costs can be calculated by the Client, in a timely manner before the Contract is entered into.

Amendment of honorarium

If CLV Cosmetics agrees a fixed Honorarium and/or fee when the Contract is entered into, then CLV Cosmetics is entitled to increase this Honorarium or fee, also when the Honorarium or fee is not originally specified provisionally.

If CLV Cosmetics has the intention of amending the Honorarium and/or fee, it will inform the Client of this as soon as possible.

If the increase of the Honorarium or fee takes place within three months of the Contract being entered into, the Client can terminate the Contract by means of a written statement, unless:

  • the increase arises from a right of CLV Cosmetics or an obligation resting upon CLV Cosmetics in accordance with the law;

  • CLV Cosmetics is still prepared to implement the Contract on the basis of that which was originally agreed;

  • it is stipulated that the implementation will be carried out more than three months after the Contract was entered into.

 

The Client is entitled to terminate the Contract if the Honorarium or the fee are increased more than three months after the Contract was entered into, unless it is stipulated in the Contract that the implementation will be carried out more than three months after the Contract was entered into.

CLV Cosmetics will inform the Client in the event of the intention to increase the Honorarium or the fee, stating the extent of the increase and the date upon which it will take effect.

Implementation periods

The work will be carried out within a period stated by CLV Cosmetics.

If a period is agreed or stated for the performance of particular work, then this period is only indicative and is not to be regarded as a strict deadline.

If CLV Cosmetics needs information or instructions from the Client that are necessary for the implementation of the Contract, then the implementation period will commence after the Client has provided these to CLV Cosmetics.

If an implementation period is exceeded, the Client must issue CLV Cosmetics with a written notice of default, whereby CLV Cosmetics will be offered a reasonable period to nonetheless implement the Contract.

A notice of default is not necessary if the implementation has become permanently impossible, or it otherwise becomes apparent that CLV Cosmetics will not meet its obligations arising from the Contract. If CLV Cosmetics does not commence implementation within this period, then the Client is entitled to terminate the Contract without judicial intervention and/or seeking compensation.

Payment

Payment must be made in advance within fourteen days after receiving the booking form in a manner to be specified by CLV Cosmetics and in the currency in which the invoice is issued, unless agreed otherwise.

The Client is not authorised to deduct any amount from the payable amount by reason of a counterclaim made by the Client.

CLV Cosmetics is entitled to invoice the Client for work carried out in the period in question. Invoicing will take place monthly.

CLV Cosmetics and the Client may agree that payment be made in instalments. If CLV cosmetics and the client have agreed that payment will be made in instalments, the following shall apply in respect of the terms of payment:

  • When concluding the Contract for the bridal assignments, the Client shall pay the total invoice amount in two instalments. The first term of payment includes 70% of the invoice amount and must be paid within two weeks after receiving the booking form. The second term of payment expires no later than two weeks before the trial session.

  • When concluding the Contract for other assignments/projects, the Client shall make the payment of the total invoice amount in one instalment. The first term of payment includes 50% of the invoice amount and expires two weeks after receiving the booking form. The final deadline expires no later than 4 weeks before the commencement of the Contract.

Objections to the level of the invoice do not have the effect of suspending the payment obligations.

After the expiry of a period of 14 days after the invoice date, the Client will be, without a notice of default, by operation of law in default. The Client has to bear from the moment of default on the immediately claimable amount an interest at the rate of 3% per month, unless the statutory interest rate is higher. 

In the event of bankruptcy, suspension of payment or placement under conservatorship, the amounts owed to CLV Cosmetics and the obligations of the Client towards CLV Cosmetics are immediately claimable.

Collection costs

If the Client is in default or in breach of the Contract in fulfilling its obligations (in a timely manner) then all reasonable costs incurred to obtain an out-of-court settlement are payable by the Client. The Client is in any event liable to pay the collection costs.

With regard to the extrajudicial (collection) charges, CLV Cosmetics is entitled – in departure from article 6:96 paragraph 5 of the Dutch Civil Code and the Payment of Extrajudicial Collection Charges Decree – to a payment of 15% of the total outstanding principal sum, with a minimum of € 90,- for every invoice that is wholly or partly unpaid.

With regard to the extrajudicial (collection) charges, CLV Cosmetics is entitled  to a payment of the maximum sum that is determine in the Payment of Extrajudicial Collection Charges Decree 

CLV Cosmetics is only entitled to a reimbursementof extrajudicial collection charges after the CLV Cosmetics send the client a reminder to pay within 14 days the outstanding invoice or invoices  after the client came into default. 

Any reasonable legal costs and execution costs incurred are also payable by the Client.

 

Suspension

If the Client does not fulfil an obligation arising from the Contract, or does not meet it fully or in a timely manner, then CLV Cosmetics is entitled to suspend the corresponding obligation. In the event of partial or inadequate fulfilment, suspension is only permitted in so far as this is justified by the shortcoming.

Moreover, CLV Cosmetics is entitled to suspend the fulfilment of the obligations if:

  • after the Contract is entered into, CLV Cosmetics becomes aware of circumstances that give good grounds to fear that the Client will not fulfil its obligations;

  • the Client is requested, on entering into the Contract, to provide security for the fulfilment of its obligations arising from the Contract, and this security is not provided or is insufficient;

  • circumstances arise of such a nature that fulfilment of the Contract is impossible, or that the unamended maintenance of the Contract cannot be reasonably required of CLV Cosmetics.

 

CLV Cosmetics reserves the right to claim compensation.

Termination

If the Client does not fulfil an obligation arising from the Contract, or does not meet it fully, in a timely manner or properly, then CLV Cosmetics is entitled to terminate the Contract with immediate effect, unless the shortcoming, in view of its limited significance, does not justify the termination.

Moreover, CLV Cosmetics is entitled to terminate the Contract with immediate effect if:

  • after the Contract is entered into, CLV Cosmetics becomes aware of circumstances that give good grounds to fear that the Client will not fulfil its obligations;

  • the Client is requested, on entering into the Contract, to provide security for the fulfilment of its obligations arising from the Contract, and this security is not provided or is insufficient;

  • due to a delay on the part of the Client, CLV Cosmetics can no longer be required to fulfil the Contract under the originally agreed conditions;

  • circumstances arise of such a nature that fulfilment of the Contract is impossible, or that the unamended maintenance of the Contract cannot be reasonably required of CLV Cosmetics;

  • the Client is declared bankrupt, submits an application for a suspension of payment, requests the application of debt rescheduling for natural persons or is served with a writ of sequestration on all or part of its property;

  • the Client is placed under conservatorship;

  • the Client deceases.

Termination will take place by means of a written declaration, without judicial intervention.

If the Contract is terminated, the Client’s debts to CLV Cosmetics become immediately due and payable.

If CLV Cosmetics terminates the Contract on the above-mentioned grounds, CLV Cosmetics is not liable for any costs or compensation.

If the termination is attributable to the Client, the Client is liable for the damage suffered by CLV Cosmetics.

Force majeure

Breaches may not be attributed to CLV Cosmetics or the Client is they are not their fault, or if they are not accountable by law, juristic act, or according to the generally accepted standards. In this case the parties are also not bound to fulfil the obligations arising from the Contract.

In these General Terms and Conditions, the term “force majeure” is defined as – in addition to what is understood in law and jurisprudence in this regard – all external causes, foreseen or unforeseen, upon which CLV Cosmetics can exercise no influence and through which CLV Cosmetics is not able to fulfil its obligations.

Circumstances regarded as resulting in force majeure include strikes, lockouts, fire, water damage, natural disasters or other external contingencies, mobilisation, war, traffic congestion, blockades, import or export restrictions or other government measures, stagnation or delay in the supply of raw materials or machinery components and lack of labour forces, as well as any circumstances through which normal business operations are impeded, as a result of which the fulfilment of the Contract by CLV Cosmetics cannot be reasonably sought by the Client.

CLV Cosmetics is also entitled to invoke force majeure if the circumstance that hinders (further) fulfilment of the Contract occurs after CLV Cosmetics should have fulfilled its obligations.

In case of force majeure the parties are not obliged to proceed with the Contract, and are not bound to pay any compensation.

 

During the period that the force majeure continues, both CLV Cosmetics and the Client can fully or partly suspend the obligations arising from the Contract. If this period lasts for longer than 2 months, both parties are entitled to terminate the Contract with immediate effect, by means of a written notification, without judicial intervention and without the parties being able to claim any damages.

 

If the situation of force majeure is of a temporary nature, CLV Cosmetics reserves the right to suspend the agreed service for the duration of the situation of force majeure. In the event of permanent force majeure both parties are entitled to terminate the Contract without judicial intervention.

If at the time of the occurrence of force majeure CLV Cosmetics has already partly fulfilled, or will fulfil, its obligations arising from the Contract, and independent value accrues to the part fulfilled or to be fulfilled, then CLV Cosmetics is entitled to separately invoice the part already fulfilled or to be fulfilled. The Client is bound to pay this invoice as if there were a separate Contract.

 

Guarantee

CLV Cosmetics accordingly guarantees that the work carried out by it will conform with the Contract and will be properly carried out with good workmanship and using proper materials. 

The guarantee stated in these General Terms and Conditions applies to usage within and outside Europe.

If the Service provided does not conform with the Contract, CLV Cosmetics will, after notification of this, provide a replacement or carry out a repair at no charge.

When the guarantee period has expired, all costs of repair or replacement, including administrative, shipping and call-out charges, will be borne by the Client.

No form of guarantee covers damage caused by incompetent use or lack of care, or as a result of alterations made by the Client or by third parties, nor does CLV Cosmetics provide any guarantee for damage arising as a result of these defects.

The guarantee also becomes inoperative if the defect has arisen through or is a result of circumstances beyond the control of CLV Cosmetics. These circumstances include weather conditions.  

Examination and claims 

The Client is obliged to examine the Service at the moment of performance, but in any case within 60 days after the performance of the Service. The Client is obliged to examine the Service at the moment of performance, but in any case within 60 days after the performance of the Service. The Client must examine whether the quality and quantity of the Service comply with what the parties agreed, at least meet the requirements that are common in trade.

Visible defects and shortcomings have to be reportedwithin 60 working days after the performance of the Servicein writing to CLV Cosmetics. 

Non-visible defects and shortcomings have to be reportedwithin 60 working days after its discovery to CLV Cosmetics. 

The right to (partial) restitution of the price, repair or replacement or compensation lapses, if the defects will not be reported within the prescribed period, unless the nature of the Service states otherwise or from circumstances of the case a broader period arises.  

 

The payment obligation will not be suspended  if the Client reports the defect to CLV Cosmetics within the prescribed period.  

 

Liability

The implementation of the Contract is entirely at the risk and responsibility of the Client. CLV Cosmetics is only liable for direct damage that has arisen through wilful recklessness or an intentional act or omission of CLV Cosmetics.

The liability of CLV Cosmetics is excluded for indirect damage, including in any event consequential damage, loss of profit, lost savings and loss due to business interruption, or immaterial damage to the Client. In the case of consumer purchase, this limitation does not extend further than is permitted pursuant to article 7:24, paragraph 2 of the Dutch Civil Code.

 

CLV Cosmetics is not liable for damage, of whatever nature, resulting from CLV Cosmetics basing its actions upon inaccurate and/or incomplete information provided by the Client, unless this inaccuracy or incompleteness ought to have been known to CLV Cosmetics.

The limitations of liability contained in this article shall not apply if the damage is attributable to intentional or gross negligence on the part of CLV Cosmetics or its managerial subordinates.

CLV Cosmetics is not liable for any damage, of any nature whatsoever, resulting from failure to completely comply with or failure to comply with any appointment by the make-up artist and/or the hairstylist, whether or not this appointment has been established with the intervention of CLV cosmetics.

CLV Cosmetics is not liable for any allergic reaction, inflammation or other dermatological conditions arising from the use of brushes and/or make-up products.

If CLV Cosmetics is liable for any damage, then the liability of CLV Cosmetics is limited to an amount equal to the amount stated in the invoice, or to the amount to which the insurance taken out by CLV Cosmetics gives entitlement, with the deduction of the policy excess borne by CLV Cosmetics under the terms of the insurance.

The Client must report the damage for which CLV Cosmetics can be held liable to CLV Cosmetics as soon as possible, but in any event within 10 days of the damage having arisen, on penalty of the forfeiture of any right to compensation for this damage.

 

Any liability claim against CLV Cosmetics lapses within one year of the Client having become aware, or possibly reasonably having become aware, of the harmful event.

Indemnity

The Client indemnifies CLV Cosmetics against any claims by third parties who suffer damage in connection with the implementation of the Contract which is attributable to the Client.

The Client indemnifies CLV cosmetics from claims related to damages inflicted on third parties by CLV cosmetics or the make-up artist/hairstylist in execution of the work for the principal, unless there is intentional or gross negligence of CLV Cosmetics.

If CLV Cosmetics may be sued for this reason, then the Client is bound to provide CLV Cosmetics with both judicial and extrajudicial support. Furthermore, all costs and damage on the part of CLV Cosmetics and third parties will be at the expense and risk of the Client.

 

Complaints system 

If the Client has a complaint about the Service as provided by CLV Cosmetics, the Client can file this complaint by means of an e-mail to CLV Cosmetics.

The Client must file the complaint in writing and over the telephone and must also state the reason of the complaint within 24 hours after execution of the service by CLV Cosmetics.

CLV Cosmetics recognizes a complaint if it is well-founded and may ask the Client to prove the existence of the complaint.  

CLV Cosmeticstreats all complaints confidential. 

If the Client has not complied fully or partially with his payment obligation, CLV Cosmeticswill not take the complaint of the Client into consideration. Only when CLV Cosmeticsreceived the payment, the complaint will be processed. 

 

CLV Cosmetics will endeavor to deal with the complaint within 14 working days.

 

Limitation period

In departure from the legal limitation period, a limitation period of one year applies to all claims against CLV Cosmetics and any third parties brought in by CLV Cosmetics.

Intellectual property 

CLV Cosmetics reserves the rights and powers accruing to it under the provisions of the Copyright Act and other intellectual property legislation and regulations.

CLV Cosmetics reserves the right to utilise the knowledge acquired for the performance of the work and general information for other purposes and other work, in so far as no confidential information is hereby communicated to third parties.

Confidentiality

Both CLV Cosmetics and the Client are obliged, for the duration of and after the termination of the Contract, to maintain confidentiality regarding all facts and particulars concerning the business which they know or can reasonably suspect are confidential. This duty of confidentiality also includes all details of employees, clients, commissioning bodies and other business contacts which are learned of by reason of the Assignment.

Privacy and cookies 

CLV Cosmetics will store the details and information that the Client provides to CLV Cosmetics carefully and confidentially.

CLV Cosmetics may only use the personal details of the Client within the framework of the implementation of its obligation to supply, or of dealing with a complaint.

When visiting our website CLV Cosmetics can collect the information on the use of the website of the Client through cookies.

The information that CLV Cosmetics collects through cookies can be used for functional an analytical purposes.  

CLV Cosmetics is not permitted to lend out, hire out or sell the personal details of the Client, or to publicise them in any other manner.

 

If CLV Cosmetics is obliged to provide confidential information to third parties by virtue of a legal provision or court decision, and CLV Cosmetics cannot claim a legal right of immunity, or such a right recognised or permitted by the competent court in this respect, then CLV Cosmetics is not liable to pay compensation or grant indemnification. The Client is also not entitled to terminate the Contract by reason of any damage arising in this way.

The Client agrees that CLV Cosmetics may approach the Client for statistical or customer satisfaction research. If the Client does not wish to be approached for research, the Client may make this known.

CLV Cosmetics reserves the right to utilise the other details of the Client in anonymous form for (statistical) research and databases.

 

Interpretation, translation

The Dutch version of the General Terms and Conditions of CLV Cosmetics is the authentic version. This version of the General Terms and Conditions will take precedence in the event of the explanation or interpretation of the General Terms and Conditions. In the event of a difference in meaning or interpretation between the two versions, then the Dutch version of the General Terms and Conditions will prevail.

Applicable law, disputes

Dutch law is exclusively applicable to all legal relationships to which CLV Cosmetics is a party. This also applies if an obligation is wholly or partly fulfilled outside of the Netherlands or if the Client has its place of business outside of the Netherlands.

 

Disputes between CLV Cosmetics and the Client will only be submitted to the competent court in the Noord-Holland district, unless the law mandatorily prescribes otherwise.

Location

These General Terms and Conditions are filed at the Chamber of Commerce under number 73320749.

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