GENERAL TERMS AND CONDITIONS

General terms and conditions Miyoka Nail

Email: miyokanail@outlook.com Website: www.miyokanail.com

 

Article 1 - Definitions

1.   Miyoka Nail PART OF: Fairy Vibes Beautybar, located in Apeldoorn, Chamber of Commerce number 95345299.

2.   Customer: the person with whom Miyoka Nail has entered into an agreement.

3.   Parties: Miyoka Nail and Customer together.

4.   Consumer: a Customer who is also an individual and who acts as a private person.

Article 2 - Applicability

1.   These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Miyoka Nail.

2.   Miyoka Nail and the Customer may only deviate from these conditions if this has been agreed in writing.

3.   Miyoka Nail and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or others.

Article 3 - Prices

1.   Miyoka Nail uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.

2.   Miyoka Nail may always change the prices of its services and products on its website and in other expressions.

3.   Increases in the cost prices of products or parts thereof, which Miyoka Nail could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.

4.   The consumer has the right to cancel an agreement due to a price increase in paragraph 3, unless the increase is the result of a statutory regulation.

Article 4 - Samples and models

1. 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 it has been agreed in writing that the products to be delivered correspond to the sample or model.

Article 5 - Payments and payment terms

1.   When entering into the agreement, Miyoka Nail may request a down payment of up to 50% of the agreed amount.

2.   The Customer must have made a subsequent payment within 1 day after delivery.

3.   The payment terms used by Miyoka Nail are fatal payment terms. This means that if the Customer has not paid the agreed amount by the last day of the payment term, he is automatically in default and in breach, without Miyoka Nail having to send the Customer a reminder or put him in default.

4.   Miyoka Nail may make a delivery dependent on immediate payment or demand security for the total amount of the services or products.

Article 6 - Right of complaint

1.   If the Customer is in default, Miyoka Nail may invoke the right of complaint with regard to the unpaid products delivered to the Customer.

2.   Fairy Vibes Beautybar exercises its right of complaint by means of a written or electronic communication to the Customer.

3.   Once the Customer has been informed of the invoked right of complaint, the Customer must immediately return the products in question to Fairy Vibes Beautybar, unless otherwise agreed in writing.

4.   The Customer shall pay the costs of retrieving or returning the products in paragraph 3.

Article 7 - Right of withdrawal

1.   A consumer may cancel an online purchase within 14 days after purchase without giving any reason. This right of withdrawal does not apply when:

the product has been used when it is a custom design.

it is a product that can spoil quickly, such as food or flowers

it is a product that has been specially made or adapted to the consumer it is a product that cannot be returned for hygienic reasons, such as underwear or swimwear the seal is not intact, when it concerns data carriers with digital content, such as DVDs or CDs the product or service concerns accommodation, a trip, a restaurant business, transport, a catering order or a form of leisure activity

the product is a loose magazine or loose newspaper the consumer has waived his right of withdrawal

2.  

The 14-day reflection period 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

3.   The consumer can use his cooling-off period by sending an email with that subject to miyokanail@outlook.com, possibly using the withdrawal form available on the Miyoka Nail website, www. Miyoka Nail.com

4.   The consumer must return the product to Miyoka Nail within 14 days after sending the email in paragraph 3. If the consumer does not return the product within 14 days after making his right of withdrawal known, his right of withdrawal will lapse.

 

Article 8 - Reimbursement of delivery costs

1.   If the consumer has revoked his purchase in time and has returned the entire order to Miyoka Nail in time, Miyoka Nail will refund any shipping costs paid by the consumer within 14 days after receipt of the order that has been returned in full on time. THIS ONLY APPLIES TO THE NETHERLANDS.

2.   The costs for delivery are only borne by Miyoka Nail if the entire order is returned. THIS ONLY APPLIES TO THE NETHERLANDS

 

Article 9 - Reimbursement of return costs

1. If the consumer invokes his right of withdrawal and returns the entire order on time, the consumer will pay the costs for this.

Article 10 - Reimbursement of return costs

1. If the consumer invokes his right of withdrawal and returns the entire order on time, the consumer will pay the costs for this.

Article 11 - Right of retention

1.   Miyoka Nail may exercise its right of retention and in that case retain the Customer's products until the Customer has paid all outstanding invoices from Miyoka Nail, unless the Customer has provided sufficient security for those costs.

2.   The right of retention also applies on the basis of previous agreements under which the Customer still has to pay money to Miyoka Nail.

3.   Miyoka Nail is not liable for any damage suffered by the Customer due to the use of its right of retention.

Article 12 - Retention of title

1.   Miyoka Nail shall remain the owner of all delivered products until the Customer has paid all outstanding invoices from Miyoka Nail relating to an underlying agreement, including claims due to failure to perform.

2.   Until that time in paragraph 1, Miyoka Nail may exercise its retention of title and take back the items.

3.   Before ownership has passed to the Customer, the Customer may not pledge, sell, alienate or otherwise encumber the products.

4.   If Miyoka Nail exercises its right of retention of title, the agreement will be terminated and Miyoka Nail may claim damages, lost profits and interest from the Customer.

Article 13 - Delivery

1.   Delivery will take place while stocks last.

2.   Delivery will take place at Miyoka Nail r, unless otherwise agreed.

3.   Delivery of products ordered online will take place at the address specified by the Customer.

4.   If the Customer does not pay the agreed amounts or does not pay them on time, Miyoka Nail may suspend its obligations until the Customer pays.

5.   In the event of late payment, the creditor is in default, which means that the Customer cannot object to late delivery to Miyoka Nail.

Article 14 - Delivery time

1.   The delivery times of Miyoka Nail are indicative. If delivery is later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.

2.   The delivery time commences when the Customer has fully completed the ordering process and has received confirmation from Miyoka Nail.

3.   The Customer will not receive any compensation and may not cancel the agreement if Miyoka Nail delivers later than agreed. The Customer may cancel the agreement if this has been agreed in writing or if Miyoka Nail cannot deliver within 14 days, after having been reminded in writing or the Customer and Miyoka Nail have agreed otherwise.

Article 15 - Actual delivery

1. The Customer must ensure that the actual delivery of his ordered products can take place on time.

Article 16 - Transport costs

1. The Customer shall pay the costs of transport, unless the Customer and Miyoka Nail have agreed otherwise in writing.

Article 17 - Packaging and shipping

1.   If the packaging of a delivered product is opened or damaged, the Customer must have a note made of this by the carrier before receiving the product. If the Customer does not do this, he cannot hold Miyoka Nail liable for any damage.

2.   If the Customer arranges the transport of a product himself, he must report any visible damage to products or packaging to Miyoka Nail prior to transport. If the Customer fails to do so, he cannot hold Miyoka Nail liable for any damage.

Article 18 - Storage

1.   If the Customer receives ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.

2.   Any additional costs resulting from premature or late collection of products will be borne entirely by the Customer.

Article 19 - Warranty

1.   The warranty on products only applies to defects caused by defective workmanship or construction or defective materials.

2.   The warranty does not apply:

-  in case of normal wear and tear

-  for damage caused by accidents

-  for damage caused by changes made to the product

-  for damage caused by negligence or improper use by the Customer

-  when the cause of the defect cannot be clearly determined

3.   The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the Customer at the time when they are legally and/or actually delivered, or at least come into the possession of the Customer or of a third party who receives the product on behalf of the Customer.

Article 20 - Indemnification

1. The Customer indemnifies Miyoka Nail against all claims from others relating to the products and/or services supplied by Miyoka Nail.

Article 21 - Complaints

1.   The Customer must examine a product or service supplied by Miyoka Nail as soon as possible for any deficiencies.

2.   If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform Miyoka Nail of this within 1 month of discovering the shortcoming.

3.   A consumer must inform Miyoka Nail of the defect within 2 months of discovering it.

4.   The Customer must provide as detailed a description as possible of the shortcoming, so that Miyoka Nail can respond appropriately.

5.   The Customer must demonstrate that the complaint relates to an agreement between the Customer and Miyoka Nail.

6.   If a complaint concerns ongoing work, the Customer cannot demand that Miyoka Nail perform work other than that agreed upon.

Article 22 - Notice of default

1.   The Customer must notify Miyoka Nail in writing of any notice of default.

2.   The Customer is responsible for ensuring that his notice of default actually reaches Miyoka Nail on time.

Article 23 - Customer Liability

1. When Miyoka Nail enters into an agreement with multiple Customers, each of them is jointly and severally liable for fulfilling the agreements in that agreement.

Article 24 - Liability Fairy Vibes Beautybar

1.   Miyoka Nail is only liable for damage suffered by the Customer if such damage is caused by intent or deliberate recklessness.

2.   If Miyoka Nail is liable for damages, this only applies to direct damages related to the performance of an underlying agreement.

3.   Miyoka Nail is not liable for indirect damages, such as consequential damages, lost profits or damages to third parties.

4.   If Miyoka Nail is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance. If no insurance is concluded or no amount of damages is paid out, then the liability is limited to the (part of the) invoice amount to which the liability relates.

5.   All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and cannot lead to any compensation, dissolution or suspension.

Article 25 - Expiry period

1. Any right of the Customer to compensation from Miyoka Nail expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of article 6:

89 BW.

Article 26 - Dissolution

1.   The Customer may cancel the agreement if Miyoka Nail is culpably in breach of its obligations, unless this breach does not justify termination due to its special nature or minor significance.

2.   If Miyoka Nail is still able to fulfil its obligations, dissolution can only take place after Miyoka Nail is in default.

3.   Miyoka Nail may cancel the agreement with the Customer if the Customer does not fully or timely fulfil his obligations under the agreement, or if Miyoka Nail has become aware of circumstances that give it good reason to assume that the Customer will not fulfil his obligations.

Article 27 - Force Majeure

1.   In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of Miyoka Nail by the Customer cannot be attributed to Miyoka Nail in the event of force majeure.

2.   The force majeure situation in paragraph 1 also includes, among other things:

-  an emergency such as a civil war or natural disaster

-  default or force majeure of suppliers, deliverers or others

-  power, electricity, internet, computer or telecom outages

-  computer viruses

-  strikes

-  government measures

-  transportation problems

-  bad weather conditions

-  work stoppages

3.   If a force majeure situation occurs as a result of which Miyoka Nail cannot fulfil one or more obligations to the Customer, those obligations will be suspended until Miyoka Nail can fulfil them.

4.   From the moment that a force majeure situation has lasted for at least 30 calendar days, both the Customer and Miyoka Nail may cancel the agreement in writing in whole or in part.

5.   In the event of force majeure, Miyoka Nail is not obliged to pay any compensation to the Customer, even if Miyoka Nail benefits from this.

Article 28 - Amendment of agreement

1. If it is necessary to change a concluded agreement for its execution, the Customer and Miyoka Nail can adjust the agreement.

Article 29 - Amendment of general terms and conditions

1.   Miyoka Nail may change these general terms and conditions.

2.   Miyoka Nail may always implement changes of minor importance.

3.   Miyoka Nail will discuss major changes with the Customer in advance as much as possible.

4.   A consumer may terminate the underlying agreement in the event of a major change to the general terms and conditions.

Article 30 - Transfer of rights

1.   The Customer may not transfer any rights under an agreement with Miyoka Nail to others without the written consent of Miyoka Nail.

2.   This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.

Article 31 - Consequences of nullity or voidability

1.   If one or more provisions of these general terms and conditions prove to be null and void or voidable, this will not affect the other provisions of these terms and conditions.

2.   A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Fairy Vibes Beautybar had in mind when drawing up the conditions on that point.

Article 32 - Applicable law and competent court

1.   These general terms and conditions are governed by Dutch law.

2.   The court in the district of the place of business of Miyoka Nail has exclusive jurisdiction to hear any disputes between the Customer and Miyoka Nail, unless the law provides otherwise.

Created on January 1, 2022.