General Terms and Conditions of Sale Definitions
Seller: Balmain Hair Group b.v.
Name: Balmain Hair
Adress: Willemoordseweg 5 2636 EA Schipluiden The Netherlands
Tel: +31 (0)15 - 380 9570
Fax: +31 (0)15 - 380 8795
Available: Monday - Friday, 08:30 to 17:30 C.E.T.
Chamber of Commerce: 27237208
Buyer: a natural person who is 18 years of age or older who is not acting within the context of practicing a profession or conducting a business when connecting to the Website, with whom the Seller concludes an Agreement as defined below.
Order: an order placed by the Buyer in accordance with the procedure described in article 2.1 for the delivery of one or more Products.
Product: a Balmain hair product that the Seller offers for sale on the Website.
Purchase Price: the price indicated on the Website for a Product, including the VAT and shipping costs.
Agreement: the Order, which the Seller has accepted as such, as well as the documents mentioned in article 2.4 of this document.
ARTICLE 1. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
1.1 These General Terms and Conditions (hereinafter the General Terms and Conditions) which have been made available to the Buyer on www.balmainhair.com, Orders, Agreements and other legal relationships between the Buyer and the Seller with respect to the purchase and sale of one or more Products on the Website.
ARTICLE 2. CONCLUSION AND CONTENT OF THE AGREEMENT
2.1 An Agreement will be concluded by the Buyer and the Seller exclusively by means of the Seller's acceptance of an Order (the offer) from the Buyer that has been placed on the Website in the following manner:
• The Buyer has selected the desired product and has added the Product to his/her shopping basket.
• The Buyer has followed and completed the following steps:
Step 1: The Buyer has notified his/her address details and, if the delivery address is not the same as the invoice address, the required delivery address.
Step 2: the Buyer has checked the details and the price of the Order and has been able to make any corrections to the Order.
Step 3: the Buyer has confirmed the Order and has expressly accepted these General Terms and Conditions of Sale.
Step 4: The Buyer has selected the desired payment method and has made payment for the Order.
• The Order has been placed.
• The Buyer will receive a confirmation of the Order that has been placed, by electronic means (via the Website).
If the Order has been accepted by the Seller, the Seller will send the Buyer a confirmation, by e-mail, as soon as possible after the Order has been placed.
2.2 The Seller will be entitled to reject the Order placed by the Buyer in the following cases, among others: - If the information provided by the Buyer is incorrect and/or incomplete, or if the Seller is reasonably entitled to assume that this is the case. - If the Buyer has already failed to comply with his/her payment obligations towards the Seller in the past; The Seller will notify the Buyer as quickly as possible if an Order is not accepted.
2.3 The Seller will keep the Agreement on file and retain it for a certain term (a minimum of ten years
ARTICLE 3. DELIVERY METHOD AND DELIVERY DATES
3.1 Shipment will be made using a carrier designated by the Seller.
3.2 After the Order has been placed, the Seller will deliver the Products as soon as possible, and at the most within 14 (fourteen) days from the time when the Seller processes the Order, to the address stated by the Buyer, on condition that the Seller has received the full purchase price during this time.
3.3. The Seller may not deliver the Products or may retain the Products if full payment for the corresponding Order has not been made before the delivery.
3.4 If delivery is delayed or if the Order cannot be executed or is only partially executed, the Buyer will be notified within the same time of 14 (fourteen) days following placement of the Order. In the event of failure to deliver one or more Products within 7 (seven) days starting from the date foreseen by the Seller, where failure is not due to a situation of force majeure, the Buyer will have the opportunity to terminate his/her Order by registered letter with confirmation of receipt within 60 (sixty) days starting from the delivery date indicated. The Seller will notify the Buyer within 14 (fourteen) days in the event of failure to deliver the Product(s) because they are unavailable. The Buyer will be able to claim back repayment of the Order from the Seller. The Seller will make this repayment within 30 (thirty) days starting from payment of the Order by the Buyer.
3.5 The risk with respect to any damage to or loss of the Products will be transferred to the Buyer from the time when the Products are delivered to the Buyer's address.
ARTICLE 4. PRICE AND PAYMENT
4.1 The Purchase Prices indicated on the Website are denominated in Euros and are including the Value Added Tax (VAT). Purchase Prices do not include shipping costs for the Products and these will be added to the total amount due from the Buyer based on the Order. The total Purchase Price for the Products and the shipping costs will be notified at the time of placement and confirmation of the Order.
4.2 The Seller is entitled to adjust the prices indicated on the Website at any time without any notice being required. The prices indicated at the time when the Order is placed will be deemed to be the prices that apply to the Agreement.
4.3 The Purchase Price will be paid in accordance with the payment arrangements indicated on the Website.
4.4 The Buyer is obliged to notify the Seller immediately regarding any errors in the payment details that the Buyer has provided to the Seller.
ARTICLE 5. RIGHT OF WITHDRAWAL
5.1 The Buyer is entitled to return the Product(s) that have been delivered within a term of 14 days after the Product(s) have been received, without stating his/her reason for doing so, The Product(s) must be returned in the manner indicated by the Seller on the Website, provided that the Product(s) are undamaged and (insofar as possible) are in the original and undamaged packaging.
5.2 In the case referred to in the preceding subsection, the Seller will refund the Purchase Price excluding shipping costs which will be borne by the Buyer, as quickly as possible, but in any event within 30 days after the Agreement has been terminated, from the date the Seller receives the Buyer's request to exercise his/her right of withdrawal, provided that the Product has been returned to the Seller.
ARTICLE 6. COMPLAINTS
6.1 The contact details of the Seller and of the third parties that the Seller has engaged to handle complaints can be found on the Website.
6.2 The Buyer is obliged to inspect the Product(s) when they have been delivered and to notify the Seller within a reasonable term in the event that there are any visible defects in the Product(s). Such complaints must be submitted in writing and must be fully and clearly substantiated.
6.3 The Seller will respond to any complaints that it receives within a term of 14 (fourteen) days after receipt. The Seller will notify the Buyer within a term of 14 days in the event that it is foreseeable that the complaint will require a longer term to be processed, stating the term within which the Buyer can expect to receive an answer.
6.4 The Buyer will fully cooperate in the event that the Seller recalls a Product. The Buyer will notify the Seller immediately in the event that the Buyer suspects that a Product has a safety defect. The Product will be recalled at the Seller's discretion.
ARTICLE 7. INTELLECTUAL PROPERTY
7.1 Any and all marks, product names, logos, models and designs (referred to below as the IP Rights) that are depicted on or affixed to the Products or indirectly related to the Products are the property of the Seller or one or more of the Balmain hair group companies. The Buyer acknowledges the Seller's proprietary rights in respect of the IP Rights and will refrain from use, reproduction, modification or adaptation of the IP Rights in any way, and any conduct that could harm those IP Rights.
7.2 The Seller refers to the General Terms and Conditions for Use of the Internet Site with regard to the intellectual property rights in respect of the Website.
ARTICLE 8. RISK AND PROPERTY
8.1 The Buyer will bear the risk to the Products after they have been delivered. Title to the Products is only transferred when the Seller has received full payment of all sums due relating to the Order.
ARTICLE 9. WARRANTY AND LIABILITY
9.1 Subject to the provisions of the law, the Seller is not liable for any indirect or consequential damage that the Buyer sustains in connection with the execution of the Agreement.
9.2 The Seller undertakes either to reimburse the Buyer for the price of the Products, or to exchange the Product(s) with identical Product(s) depending on available stocks, or to exchange the Product(s) with Product(s) of the equivalent quality and price depending on available stocks, in the event of delivery of non-compliant Product(s) or in the event of delivery of Product(s) with a hidden defect.
9.3 The Seller refers to the General Terms and Conditions for Use of the internet site with regard to its liability in respect of the Website and its use.
ARTICLE 10. PERSONAL DATA
ARTICLE 11. APPLICABLE LAW AND COMPETENT COURTS
11.1 The Agreement between the Buyer and the Seller is governed by Dutch law.
ARTICLE 12. NULLITY
12.1 In the event that any provision contained in these General Terms and Conditions is declared invalid, the remaining provisions contained in these Terms and Conditions will nonetheless remain in effect.
ARTICLE 13. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
13.1 The Seller is entitled to amend these General Terms and Conditions at any time. The most recent version of the General Terms and Conditions will be placed on the Website. The Buyer shall accept these General Terms and Conditions to be able to complete the Order. If the Buyer is unable to consult the General Terms and Conditions on the Website the Seller will, upon request, send the Buyer a copy of the most recent version of the General Terms and Conditions by e-mail.