General terms and conditions
Article 1. Definitions
In this Article the following definitions apply:
1.1. Luxury Gold: the private limited company Luxury Gold, established in Apeldoorn at Nagelpoelweg 82, 7333NZ, and registered in the Trade Register of the Chamber of Commerce under number 95834680.
1.2. Purchaser: any natural or legal person with whom Luxury Gold has concluded an Agreement.
1.3. Agreement: any agreement entered into by the Purchaser with Luxury Gold whereby Luxury Gold undertakes to deliver a Product or Service. An agreement can be concluded orally, in writing or electronically.
1.4. Product/Products: any item offered, to be delivered or delivered by Luxury Gold on the basis of the Agreement, consisting of hair extensions, care products or related articles.
1.5. Webshop: the webshop at www.luxurygold.nl.
1.6. Service: any service offered, to be provided or provided by Luxury Gold, consisting of offering courses or related services.
1.7. Written: that which is set out in writing or by e-mail or WhatsApp, Instagram or Facebook messages.
Article 2. Relevance
2.1. The general terms and conditions apply to all (legal) acts between the parties, even if they do not lead to, or are not related to, an Agreement.
2.2. Deviations from these general terms and conditions are only valid if they have been expressly agreed in writing.
2.3. If a provision of these general terms and conditions or of the Agreement proves to be null and void or is validly annulled, this will not affect the validity of the general terms and conditions or the Agreement. The parties will then enter into consultations in order to agree on a new provision to replace the (annulled) provision, whereby the purpose and scope of the (annulled) provision will be taken into account as much as possible.
Article 3. Formation, content and execution of the Agreement
3.1. The Agreement to purchase a Product is concluded at the moment of acceptance by the Purchaser of the offer from Luxury Gold and the fulfillment of the conditions set therein. An offer can be made verbally, in writing or in the Webshop. The Agreement to provide a Service is concluded at the moment that the Purchaser makes an appointment with Luxury Gold to provide the Service.
3.2. Any offer made by Luxury Gold is without obligation until the Purchaser has accepted the offer. Offers will lapse if they are not accepted by the Purchaser within seven days after they have been sent.
3.3. In case of typing errors, Luxury Gold has the right to withdraw its offer even after acceptance. An Agreement will not be concluded in that case.
3.4. If the Purchaser has accepted the offer electronically, the Agreement will be concluded at the time that Luxury Gold has confirmed this acceptance.
3.5. The Purchaser is obliged to provide Luxury Gold with all necessary cooperation, failing which Luxury Gold has the right to terminate the Agreement in accordance with the provisions of Article 11.
3.6. Each Agreement, whether it concerns a Product or Service, is entered into under the condition precedent of sufficient availability of the Products concerned or required for the Service.
3.7. An offer issued by Luxury Gold does not automatically apply to repeat orders. The Purchaser may request a new offer for a repeat order.
3.8. Luxury Gold will execute the agreement to the best of its ability and insight. It cannot guarantee that the work it performs will always achieve the result desired by the Purchaser.
3.9. If the Purchaser fails to fulfil its obligations under the Agreement, fails to fulfil them on time or fails to fulfil them in full, Luxury Gold has the right to suspend its activities until the Purchaser's failure has been remedied, unless the failure does not justify suspension.
3.10. Luxury Gold has the right to use assistants. Assistants also include subordinates.
3.11. If the Agreement concerns a Service and the Customer prevents compliance with the Agreement by not appearing at the Luxury Gold salon on the agreed date and time, the Customer will remain liable for the agreed price.
Article 4. Price
4.1. The price is determined by the accepted offer.
4.2. Unless expressly agreed otherwise, all prices are inclusive of VAT and exclusive of any shipping costs, levies, surcharges and other factors.
4.3. Any discounts granted are one-off and for the duration stated in the relevant Agreement.
Article 5. Payment
5.1. Payments for Products must be made immediately upon ordering, regardless of whether the Agreement was concluded in the Webshop or elsewhere.
5.2. Delivery of Products will only take place after payment.
5.3. Payment for a Service must be made immediately upon completion of the Service.
5.4. The Purchaser may be obliged to pay in advance in full or in part in the event of a Service.
5.5. If the client fails to meet its payment obligations, Luxury Gold is entitled to suspend and/or discontinue its activities.
Article 6. Delivery
6.1. Luxury Gold will exercise the utmost care when delivering Products and Services.
6.2. Indicated delivery times are always indicative and never fatal. Luxury Gold strives for the fastest possible delivery.
6.3. If delivery is delayed, or if an order cannot be executed or can only be executed in part or in an amended form, the Purchaser will be notified of this as soon as possible by e-mail or telephone.
6.4. The risk of damage and/or loss of Products shall remain with Luxury Gold until the moment of delivery, unless the Product is delivered by Luxury Gold by means of shipment and the Purchaser has appointed the carrier itself. In that case, the risk shall pass at the moment that the Product is handed over to the carrier by Luxury Gold.
Article 7. Right of withdrawal
7.1. The following provisions only apply if the Agreement has been concluded remotely (including via the Webshop) or outside the sales area of Luxury Gold.
7.2. The Buyer has the right to dissolve the Agreement within fourteen days after receipt of the Products without giving reasons (right of withdrawal) if she is a consumer. The term commences at the moment that the Buyer has received all Products from the Agreement. A business buyer has no right of withdrawal.
7.3. The hair extensions offered by Luxury Gold are made of natural material and require careful treatment. The hair extensions have a packaging with a seal. Due to hygiene requirements, the Purchaser no longer has a right of withdrawal if the seal is broken after delivery of the Product.
7.4. The Purchaser has no right of withdrawal if the hair extensions are custom-made especially for the Purchaser or if a Service is involved.
7.5. To invoke the right of withdrawal, the Purchaser can use a withdrawal form. Luxury Gold will include a withdrawal form with the delivery. The withdrawal form can also be downloaded from the Webshop.
7.6. During the period in which the right of withdrawal exists, the Purchaser is obliged to take good care of the Product and to make every effort to ensure that the Product is not lost or damaged.
Article 8. Conformity and warranty
8.1. Luxury Gold guarantees that the Products comply with the Agreement, the specifications stated in the offer or quotation, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the Agreement is concluded.
8.2. The warranty does not cover defects in the Products that have arisen as a result of wear and tear, or damage resulting from circumstances beyond Luxury Gold's control, such as incorrect care or product use.
8.3. Hair extensions are natural products made from real hair. This can cause tangles and make the hair drier. These conditions are normal wear and tear and are therefore not covered by any guarantee.
8.4. Any right to warranty shall lapse if it appears that the Purchaser or the user of the hair extensions is hypersensitive to nickel, latex, silicone or hair dye or nevertheless inserts or has the hair extensions inserted. The same applies to pregnancy or attempts thereto at the time of insertion.
8.5. Any form of warranty shall be void if the Product has been used incorrectly or carelessly. Incorrect or careless use includes, in any event, care with defective products and care supplies; this includes, at a minimum, all care products not offered by Luxury Gold itself. It is up to the customer to prove (with invoices or receipts) that the correct care supplies are being used, meaning the entire Luxury Gold line. Furthermore, extensions must be removed and re-applied every 8 to 10 weeks. Any form of warranty shall be void if this period is exceeded. It is up to the customer to prove that the extensions have been removed and re-applied in a timely manner.
8.6. If the Customer believes that the Product exhibits any defect, he must notify Luxury Gold thereof as soon as possible after discovery of the defect in a proper, written, and substantiated manner and give it the opportunity to remedy the defect. If Luxury Gold is not enabled to do so, any form of warranty shall lapse. In the event of production or manufacturing defects, Luxury Gold will rectify the situation by providing replacement sets. Luxury Gold is not responsible for any consequential damages, such as additional labor hours spent replacing the sets.
Article 9. Advertising
9.1. The Purchaser is obliged to inspect the delivered goods for defects immediately after the moment of delivery. In doing so, the Purchaser must investigate whether the quality and/or quantity corresponds with what was agreed.
9.2. If a defect is not reported within a reasonable time as referred to in Article 7:23 of the Dutch Civil Code after discovery, the Purchaser will no longer be entitled to repair, replacement or compensation.
Article 10. Liability
10.1. Luxury Gold is only liable for damage resulting from an attributable shortcoming in the performance of the Agreement to the extent that Luxury Gold is in default. Default will not occur until Luxury Gold has been notified by the Purchaser of a possible attributable shortcoming and has been offered a reasonable period in writing to remedy this possible attributable shortcoming.
10.3. Luxury Gold is only liable for direct damage in the narrowest sense of the word.
10.4. Luxury Gold is not liable for damage resulting from the incorrect use of hair extensions by third parties, not being persons under its responsibility. Nor is it liable for damage resulting from circumstances that are excluded from the guarantee as referred to in article 8 of these general terms and conditions.
10.5. Luxury Gold is not liable for damage of any nature whatsoever arising from Luxury Gold having acted on the basis of incorrect and/or incomplete information provided by or on behalf of the Purchaser.
10.6. The foregoing exclusions of liability shall not apply if the damage incurred is the result of intent or deliberate recklessness on the part of the management and/or executives of Luxury Gold.
10.7. In all cases described in article 8 where the warranty expires, Extensionszetten.nl also does not experience any liability.
10.8. Extensionszetten.nl does not provide any guarantee and accepts no liability for the condition of your own hair after the application of extensions. This is also due to the fact that this condition is largely dependent on the care provided by the Purchaser and that Extensionszetten.nl cannot exert any influence on this or perform any checks.
Article 11. Duration and termination of the Agreement
11.1. If the Agreement concerns a one-off delivery, the Agreement shall be deemed to have been terminated after delivery and payment of the Product has taken place.
11.2. In all other cases, the Agreement shall be concluded for the duration as stated in the Agreement.
11.3. If the Purchaser does not, does not properly or does not timely comply with any obligations arising from the Agreement or from these general terms and conditions, Luxury Gold is entitled to suspend its obligations under the Agreement and/or to terminate the Agreement in whole or in part without notice of default and/or judicial intervention. The foregoing also applies in the event of (provisional) suspension of payment, bankruptcy or inability to pay on the part of the Purchaser.
Article 12. Force majeure
12.1. Luxury Gold is not obliged to fulfil any obligation towards the Purchaser if it is prevented from doing so as a result of a circumstance that is not attributable to fault and for which it is not responsible under the law, a legal act or generally accepted views.
12.2. Force majeure is understood to mean, in addition to what is understood in law and case law, all external causes, foreseen and unforeseen, over which Luxury Gold has no influence, but which prevent Luxury Gold from fulfilling its obligations. Luxury Gold also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the Agreement occurs after Luxury Gold should have fulfilled its obligation.
Article 13. Dispute resolution
13.1. Dutch law applies to the Agreement.
13.2. In the event of disputes, the parties will first attempt to settle the matter amicably. A dispute exists as soon as one of the parties declares this to be the case.
13.3. If one of the parties, or the parties jointly, decides to submit a dispute to the court, the court in Apeldoorn shall have jurisdiction to hear the dispute, without prejudice to the right of Luxury Gold to opt for the jurisdiction of the court in accordance with the normal rules of jurisdiction.