1.1 These General Terms and Conditions apply to all offers, orders, and agreements of Creative Cosmetics.
1.2 Accepting an offer or placing an order implies that you accept the applicability of these Terms and Conditions.
1.3 Deviations from these Terms and Conditions are only valid if agreed upon in writing; in such cases the remaining provisions remain fully in force.
1.4 All rights and claims stipulated for the benefit of Creative Cosmetics in these Terms and Conditions and in any additional agreements also apply to intermediaries and other third parties engaged by the company.
Article 2. Offers/agreements
2.1 All offers from Creative Cosmetics are non-binding, and Creative Cosmetics expressly reserves the right to change prices, especially when required by (legal) regulations. See also Article 3.6.
2.2 An agreement is only concluded after your order has been accepted by Creative Cosmetics. Creative Cosmetics is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Creative Cosmetics will notify you within ten (10) working days after receiving the order.
Article 3. Prices and payments
3.1 The listed prices for the offered products and services are in Euros, including VAT and excluding handling and shipping costs, taxes, or other charges, unless stated otherwise or agreed in writing.
3.2 Payment must be made without discount or compensation within fourteen (14) days of the invoice date for deliveries within the Netherlands, and within twenty-one (21) days for deliveries outside the Netherlands, unless otherwise agreed in writing.
3.3 Payment may be made by payment slip, prepayment, or cash on delivery. For bank or giro payments, the date of payment is the date on which the amount is credited to the account of Creative Cosmetics.
3.4 If the payment term is exceeded, you are in default from the day payment should have taken place and owe an interest of 1% per month (or part of a month) on the outstanding amount. If payment occurs after a reminder from Creative Cosmetics, you owe an administration fee of twenty-five euros (€25.00). If Creative Cosmetics outsources the claim for collection, you also owe collection fees of at least fifteen percent (15%) of the outstanding amount, without prejudice to Creative Cosmetics’ right to claim actual extrajudicial collection costs.
3.5 If you fail to meet any payment obligation, Creative Cosmetics is entitled to suspend or dissolve the agreement and any related agreements.
3.6 If the prices for the offered products or services increase between the order and its execution, you are entitled to cancel the order or dissolve the agreement within ten (10) days after notification of the price increase by Creative Cosmetics.
Article 4. Delivery
4.1 Delivery times provided by Creative Cosmetics are indicative. Exceeding a delivery period does not entitle you to compensation or cancellation of the order or agreement, unless the delay is such that continuation of the agreement cannot reasonably be expected. In that case, you may cancel or dissolve the agreement as needed.
4.2 Delivery of the products takes place at the moment and location where the products are ready for shipment to you.
Article 5. Retention of ownership
5.1 Ownership of delivered products transfers only when you have fulfilled all obligations arising from any agreement with Creative Cosmetics. The risk regarding the products passes to you upon delivery.
Article 6. Intellectual and industrial property rights
6.1 You must unconditionally respect all intellectual and industrial property rights resting on products delivered by the company.
6.2 Creative Cosmetics does not guarantee that the delivered products do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.
Article 7. Complaints and liability
7.1 You are obliged to check upon delivery whether the products comply with the agreement. If not, you must notify Creative Cosmetics as soon as possible and in any case within seven (7) working days after delivery, or after the defect could reasonably have been discovered, in writing/email and with motivation.
7.2 If it is established that the products do not comply with the agreement, Creative Cosmetics may choose to replace the products upon return or refund the invoice value.
7.3 If you do not wish to accept a product for any reason, you, as a private consumer, may return the product within eight (8) working days after delivery. Returns are only accepted if the packaging is undamaged, and return shipping costs are at your expense.
Article 8. Warranty
8.1 Creative Cosmetics is never obliged to provide a more extensive warranty than what the company can claim from its supplier. The warranty period will be clearly stated on the website.
Visible defects must be reported in writing within 7 days of receipt of the goods. For consumers, this period is 14 days. Complaints received after these terms may be refused. Creative Cosmetics offers a six-month warranty on its makeup brushes.
Article 9. Orders/communication
9.1 Creative Cosmetics is not liable for misunderstandings, mutilations, delays or improper transmission of orders and communications resulting from the use of the Internet or any other means of communication between you and Creative Cosmetics or between Creative Cosmetics and third parties, unless caused by intent or gross negligence of Creative Cosmetics.
Article 10. Force majeure
10.1 In case of force majeure, Creative Cosmetics has the right to suspend the execution of your order or dissolve the agreement without judicial intervention by notifying you in writing, without being liable for any compensation unless this would be unacceptable by standards of reasonableness and fairness.
10.2 Force majeure includes any circumstance not attributable to Creative Cosmetics and not due to its fault or responsibility under law, legal act, or generally accepted standards.
Article 11. Miscellaneous
11.1 If you provide an address to Creative Cosmetics in writing, the company is entitled to send all orders to that address unless you provide another address in writing.
11.2 If Creative Cosmetics allows deviations from these Terms and Conditions—whether temporarily or not—this does not affect its right to demand strict compliance at any time. You can never derive rights from such leniency.
11.3 If any provision of these Terms or any agreement conflicts with applicable law, that provision will be void and replaced by a valid comparable provision determined by Creative Cosmetics.
11.4 Creative Cosmetics is entitled to use third parties for the execution of your order(s).
Article 12. Applicable law and competent court
12.1 Dutch law exclusively applies to all rights, obligations, offers, orders, and agreements to which these Terms apply, as well as to these Terms themselves.
12.2 All disputes will be submitted exclusively to the competent court in the Netherlands.
Right of withdrawal – Delivery of products:
When purchasing products, the consumer may dissolve the agreement without giving reasons within 14 days. This reflection period starts the day after the consumer or an authorized representative receives the product.
During the reflection period, the consumer must handle the product and packaging with care and may only unpack or use it as necessary to determine whether they wish to keep it. If the right of withdrawal is exercised, the consumer must return the product with all accessories, in original condition and packaging where reasonably possible, following the merchant’s instructions.
If the consumer wishes to exercise the right of withdrawal, they must notify the merchant within 14 days of receipt, using the model form or another communication method such as email. After notification, the consumer must return the product within 14 days. Proof of timely return must be provided by the consumer.
If the consumer has not notified or returned the product within the terms stated above, the purchase becomes final.
Delivery of services:
For services, the consumer may dissolve the agreement without giving reasons for at least 14 days from the day the agreement is concluded.
To exercise this right, the consumer must follow the clear instructions provided by the merchant at the time of offer or delivery of services.
Costs in case of withdrawal
The consumer bears the direct costs of returning the product.
If the consumer has paid an amount, the merchant must refund it as soon as possible and no later than 14 days after withdrawal, provided the returned product has been received or proof of return has been supplied. Refunds occur via the same payment method unless the consumer consents to another method.
If the consumer damages the product through careless handling, they are liable for any reduction in value.
The consumer cannot be held liable for value reduction if the merchant has not provided all legally required information about the right of withdrawal prior to the agreement.
Exclusion of the right of withdrawal
The merchant may exclude the right of withdrawal for products listed in sections 2 and 3, provided this is clearly stated before the agreement is concluded.
Exclusion is possible for products: • made according to consumer specifications • clearly personal in nature • that cannot be returned due to their nature • that spoil or age quickly • whose price depends on market fluctuations outside the merchant’s control • individual newspapers and magazines • audio/video recordings or software once the seal is broken • hygienic products once the seal is broken
Exclusion of withdrawal is possible for services: • relating to accommodation, transport, catering, or leisure activities on a specific date or period • where the consumer requested performance before the cooling-off period ended • relating to betting or lotteries
WebwinkelKeur If a consumer has a complaint, they should first contact the merchant. If the shop is a member of WebwinkelKeur and the complaint cannot be resolved, the consumer may contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If no solution is reached, the consumer may submit the dispute to the independent dispute committee appointed by WebwinkelKeur. The decision of this committee is binding. Costs for submitting a dispute are borne by the consumer.
Creative Cosmetics company details Creative Cosmetics B.V. Leimuiderdijk 276 2154 MP Burgerveen www.creativecosmetics.nl info@creativecosmetics.nl VAT: NL865917486B01 Chamber of Commerce: 92175309
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Zoals alles van Creative Cosmetics een fijn product.
Zoals alles van Creative Cosmetics, is ook dit weer een fijn product. Ik hoopte met deze oogschaduw verschillende tinten bruin te kunnen maken door meer of minder aan te brengen en dat lukt perfect. Fijn ook dat het mat is, op mijn leeftijd wil ik er niet meer als een discobal bij lopen ;-) .
