GENERAL TERMS AND CONDITIONS PONYTAIL & CO WEBSHOP
Article 1. Applicability
1.1 These General Terms and Conditions apply to all offers, orders and agreements of PONYTAIL & CO.
1.2 Accepting an offer or placing an order means that you accept the applicability of these Terms and Conditions.
1.3 The provisions of these Conditions can only be deviated from in writing, in which case the other provisions remain in full force.
1.4 All rights and claims, as stipulated in these Terms and Conditions and in any further agreements for PONYTAIL & CO, are also stipulated for the benefit of intermediaries and other third parties engaged by PONYTAIL & CO.
Article 2. Offers / agreements
2.1 All offers from PONYTAIL & CO are free of obligation and PONYTAIL & CO expressly reserves the right to change the prices, especially when this is necessary on the basis of (legal) regulations. See also article 3.6.
2.2 An agreement is only concluded after acceptance of your order by PONYTAIL & CO.
PONYTAIL & CO is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, PONYTAIL & CO will notify this within ten (10) working days after receipt of the order.
Article 3. Prices and payments
3.1 The prices stated for the offered products and services are in euros, incl. VAT and excluding handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.
3.2 Payment must be made in advance without discount or compensation if it concerns deliveries within the Netherlands, and in advance if it concerns deliveries outside the Netherlands, unless otherwise agreed in writing.
3.3 Payment can be made via IDEAL, PayPal, Bank Contact / Mister Cash, SOFORT Banking, MasterCard.
3.4 If you are in default with any payment, PONYTAIL & CO is entitled to suspend or dissolve (the execution of) the relevant agreement and related agreements.
3.5 If the prices for the offered products and services increase in the period between the order and the execution thereof, you are entitled to cancel the order or to dissolve the agreement within ten (10) days after notification of the price increase by the PONYTAIL & CO webshop.
Article 4. Delivery
4.1 The delivery times stated by the PONYTAIL & CO webshop are only indicative. Exceeding any delivery term does not entitle you to compensation, nor the right to cancel your order or to dissolve the agreement, unless the exceeding of the delivery period is such that you can not reasonably be required to maintain the agreement. In that case you are entitled to cancel the order or to dissolve the agreement insofar as this is necessary.
4.2 The delivery of the products will take place at the place and time at which the products are ready for shipment to you.
Article 5. Reservation of ownership
5.1 The ownership of the delivered products is only transferred if you have paid everything you owe to the PONYTAIL & CO webshop on the basis of any agreement. The risk with regard to the products already passes to you at the moment of delivery.
Article 6. Intellectual and industrial property rights
6.1 You must retain all intellectual and industrial property rights that rest on the by
PONYTAIL & CO fully and unconditionally respected delivered products.
6.2 PONYTAIL & CO does not guarantee that the products delivered to you do not infringe any (unwritten) intellectual and / or industrial property rights of third parties.
Article 7. Complaints and liability
7.1 You have the obligation to examine at delivery whether the products meet the agreement. If this is not the case, you must inform PONYTAIL & CO as soon as possible and in any case within seven (7) days after the delivery, at least after observation was reasonably possible, in writing / email and motivated.
7.2 If it is shown that the products do not comply with the agreement, PONYTAIL & CO has the choice to replace the products in question with new products or to refund the invoice value.
7.3 If you do not wish to purchase a product for any reason, you have the right to return the product to PONYTAIL & CO within 14 days of delivery. Return shipments are only accepted in this case if the packaging of the product is undamaged, and also that the costs for return shipments are at your expense. The return shipment takes place on the responsibility of the customer. PONYTAIL & CO can not be held responsible for the return shipment.
Article 8. Warranty
8.1 If PONYTAIL & CO delivers products to the customer, PONYTAIL & CO shall never be held to a further guarantee with respect to the buyer than that PONYTAIL & CO can claim against its supplier.
Complaints due to outwardly visible defects must be submitted in writing by the client in accordance with the contract conditions, but no later than within 7 (seven) days of receipt of the goods. Complaints received by PONYTAIL & CO after the expiry of this period need not be processed by PONYTAIL & CO.
Article 9. Orders / communication
9.1 For misunderstanding, mutilation, delays or improper delivery of orders and announcements as a result of the use of the Internet or any other means of communication in traffic between you and PONYTAIL & CO, in so far as they relate to the relationship between you and PONYTAIL & CO, PONYTAIL & CO is not liable, unless and insofar as there is intent or gross negligence of PONYTAIL & CO.
10.1 Without prejudice to the other rights it is entitled to, PONYTAIL & CO has the right, in case of force majeure, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, by informing you in writing. and without PONYTAIL & CO being obliged to pay any compensation, unless this would be unacceptable in the given circumstances by standards of reasonableness and fairness.
10.2 Force majeure means any shortcoming which can not be attributed to PONYTAIL & CO, because it is not due to her fault and is not for her account under the law, legal act or generally accepted in traffic.
Article 11. Miscellaneous
11.1 If you inform PONYTAIL & CO in writing of an address, PONYTAIL & CO will be entitled to send all orders to that address, unless you provide PONYTAIL & CO with a written notice of another address to which your orders must be sent.
11.2 If PONYTAIL & CO permit deviations from these Conditions, whether or not tacitly, for a short or longer period, this does not affect its right to demand immediate and strict compliance with these Conditions. You can never assert any right on the grounds that PONYTAIL & CO applies these Conditions smoothly.
11.3 If one or more of the provisions of these Terms and Conditions or any other agreement with PONYTAIL & CO should be in conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new one to be determined by ONYTAIL & CO. legally permissible comparable provision.
11.4 PONYTAIL & CO is authorized to use third parties in the execution of your order (s).
Article 12. Applicable law and competent court
12.1 Dutch law applies exclusively to all rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as to these Terms and Conditions.
12.2 All disputes between parties will only be submitted to the competent court in the Netherlands.
PONYTAIL & CO
Chamber of Commerce number: 858103072B01
VAT number: 70011915