Terms and Conditions

Costiq Beauty Terms and Conditions

1. Parties
1. Costiq Beauty, registered with the Dutch Chamber of Commerce under number 89513614, is the user of these general terms and conditions.
2. Additional details of Costiq Beauty:
Website: www.costiqbeauty.com
Email address: [email protected]
VAT identification number: NL865005862B01
3. The Customer: the (potential) purchaser of goods offered by Costiq Beauty.

2. Applicability

Costiq Beauty declares that these general terms and conditions apply to every offer made by Costiq Beauty and to any agreement entered into between the parties, whether directly or indirectly resulting from such an offer. Unless their content has been amended, these terms and conditions will also apply to all future contractual relationships between the parties.
Deviations from these terms and conditions are only valid if expressly agreed upon in writing by both parties.
The Customer’s general (purchase) terms and conditions are expressly rejected.
Third parties engaged by Costiq Beauty in the execution of the agreement may also invoke these general terms and conditions.
If one or more provisions (or parts thereof) of these general terms and conditions are found to be null and void or are annulled, for example because they conflict with mandatory law and cannot be deviated from, the remaining provisions or the unaffected part of the relevant provision will continue to apply. In such a case, the parties will consult with each other to agree on new rules to replace the null or annulled (part of the) provisions, reflecting as closely as possible the purpose and intent of the original provisions.

3. Offer and Agreement

Every offer, whether in the form of a quotation or otherwise, is entirely unconditional, non-binding, and revocable, and remains valid for 30 days unless otherwise stated in writing by Costiq Beauty.
Each offer is only valid while supplies last.
The prices stated in an offer are, unless otherwise specified in writing, in euros and include 21% VAT, shipping costs, and are subject to applicable levies, surcharges, and other factors.
All indications provided by Costiq Beauty regarding quantities, dimensions, weights, and colors of goods shown or supplied in designs, drawings, images, photos, or models are merely indicative. Minor deviations in the delivered product do not constitute a breach of contract by Costiq Beauty.
An offer does not automatically apply to repeat or subsequent orders.
Obvious errors or mistakes in an offer are not binding on Costiq Beauty.
The agreement is concluded when: Order via the webshop: at the moment the Customer has successfully completed the ordering process on the Costiq Beauty website and the confirmation email from Costiq Beauty has been received at the email address provided by the Customer. Order placed other than via the webshop: after both parties have signed a written offer, after Costiq Beauty has confirmed acceptance in writing, or after Costiq Beauty (or a third party on its behalf) has commenced execution.
The agreement is expressly entered into under the suspensive condition of sufficient availability of the ordered products.

4. Execution and Delivery

The Customer shall allow Costiq Beauty to carry out the agreement and is obliged to provide the necessary cooperation for its execution.
Costiq Beauty will make every effort to fulfill the agreement within the indicated or estimated timeframe. This period is not binding, meaning the Customer must first formally place Costiq Beauty in default, granting a reasonable grace period of at least 30 days before pursuing any remedy. The Customer cannot terminate the agreement solely due to the expiration of this period and is not entitled to compensation. After this period, both parties shall make every effort to complete the agreement within a reasonable timeframe.
If Costiq Beauty is responsible for delivery, the Customer must provide a delivery address where the goods can be delivered on the specified date. If the Customer is not present at the time of delivery, the costs for re-delivery will be borne by the Customer. In that case, the Customer will receive a notice indicating that the order can be collected at a location designated by Costiq Beauty after payment of additional costs, including logistical (planning) and storage fees incurred due to the unexpected delay.
If delivery takes place at Costiq Beauty’s premises and the Customer is to collect the goods, the Customer must adhere to the agreed collection date. If the Customer fails to collect the goods on the agreed date, Costiq Beauty may charge the Customer reasonable storage costs.
Costiq Beauty is free to have the assignment and/or delivery carried out by third parties. Article 7:404 of the Dutch Civil Code is expressly excluded from the agreement.
Delivery of goods takes place only after the agreement has been concluded. The risk of loss or depreciation of the goods passes to the Customer from the moment they are made available or could have been made available to them, regardless of whether ownership has already been transferred.
Costiq Beauty is entitled to perform the agreement in separate phases and to invoice each completed phase individually. If the agreement is carried out in phases, Costiq Beauty may suspend subsequent phases until the Customer has provided written approval of the previous phase’s results. Once approved, Costiq Beauty can no longer be held liable for defects that could reasonably have been identified at the time of approval.
Without being in default, Costiq Beauty may refuse a request to amend the agreement if such a change could affect the quality and/or quantity of the goods to be delivered.

5. Obligations of the Customer
1. The Customer shall allow Costiq Beauty to carry out the agreement and is obliged to provide all necessary cooperation for its execution. This includes, but is not limited to:
a) Being present at the delivery address provided by the Customer on the agreed delivery date;
b) Ensuring that Costiq Beauty has timely access to all necessary approvals (such as permissions, authorizations, etc.) and the information required to perform the assignment;
c) Ensuring that any work and/or deliveries by third parties not covered by Costiq Beauty’s assignment are carried out properly and on time so that they do not cause any delay in the execution of the assignment.

2. If the obligations listed in paragraph 1 are not fulfilled (or not fulfilled on time), the Customer must inform Costiq Beauty in good time. Costiq Beauty is entitled to charge the Customer for any additional costs incurred as a result, such as storage, travel, or labor costs.

3. If the obligations in paragraph 1 are not fulfilled (or not fulfilled on time), Costiq Beauty shall not be liable for any damages resulting from delays in delivery or completion.

4. The Customer is responsible for providing all information that Costiq Beauty indicates as necessary, or that the Customer should reasonably understand to be necessary, for executing the agreement. The Customer bears full responsibility and risk for the accuracy and timely delivery of this information, regardless of how it is submitted. If the required information is not provided to Costiq Beauty on time, Costiq Beauty is entitled to suspend execution of the agreement and/or charge the Customer additional costs resulting from the delay, based on standard rates.

5. Before execution begins, the Customer must provide Costiq Beauty with the agreed and necessary information and materials, such as address and contact details. Costiq Beauty will review these to the best of its ability but is not liable for damages resulting from work carried out based on incorrect or incomplete information provided by the Customer.

6.The Customer expressly bears the risk of damage resulting from:
a) Inaccuracies in the structures or methods requested by the Customer;
b) Defects in or related to the movable or immovable property on or in which the work is carried out;
c) Defects in materials or tools provided by the Customer.

7. The Customer guarantees that any digital material provided is safe and free from viruses or other harmful content that could in any way damage the computer systems or software of Costiq Beauty and/or third parties.

6. Retention of Title

Ownership of the goods to be delivered shall not pass to the Customer, despite the transfer of actual possession, until the Customer has fully paid all amounts owed or to be owed to Costiq Beauty under the agreement. This includes not only the purchase price but also any additional amounts such as penalties, extra costs, or out-of-court collection fees.
Under this retention of title, the Customer is not entitled to dispose of the goods or encumber them with any right, such as a pledge.
To ensure the effectiveness of the retention of title, the Customer is obliged to inform Costiq Beauty promptly and adequately in the event of a threatened bankruptcy, suspension of payments, debt restructuring, or if third parties intend to seize any goods delivered under retention of title. The Customer is also required to adequately insure the goods delivered under retention of title against damage and theft.
If the Customer fails to fulfill any obligation under the agreement, they are required, upon Costiq Beauty’s request, to fully cooperate in enabling Costiq Beauty to regain unrestricted possession of the delivered goods. This includes, at Costiq Beauty’s request, the obligation to return the goods at the Customer’s own expense.

7. Warranty and Liability

The Customer acknowledges that all goods are sold with all known and unknown, visible and hidden, factual and legal defects, charges, and limitations. No warranties are provided other than those expressly granted by the supplier of Costiq Beauty or otherwise expressly agreed upon.
The Customer is entitled to warranty or any form of remedy for a defect only if this is explicitly stated in the main agreement or in these general terms and conditions. The Customer must inspect the delivery and performance as soon as possible, but no later than within 24 hours, to verify conformity in terms of quantity and quality. If the performance does not meet the conformity agreed upon in the contract and is therefore defective, the Customer must notify Costiq Beauty within 8 days of delivery.
After the Customer has provided notice as described above, Costiq Beauty will, at its discretion, repair or replace the defect free of charge. If neither remedy effectively resolves the defect, the Customer may partially or fully terminate the agreement with regard to the defective item, bearing the cost of returning the goods. The Customer is not entitled to any form of compensation.
If the defect arises from a cause attributable to the Customer, or if the Customer fails to notify Costiq Beauty in time, the right to repair, replacement, or termination as described in this article expires. The burden of proof that the defect is not the Customer’s fault lies with the Customer.
The existence of a defect does not suspend the Customer’s payment obligation.
The Customer is never entitled to any remedy if the product has been used incorrectly or carelessly. The Customer must use the goods according to the accompanying documents, such as the instruction manual and/or instructions on the packaging. The Customer must ensure that the goods are only used by individuals who have been properly instructed on their use. If this is not followed, or if the Customer modifies or alters the goods in any way, all warranties become void.
Costiq Beauty is only liable to the Customer for direct damage and only in cases of intent or gross negligence.
If Costiq Beauty is liable to the Customer, such liability is limited to the amount paid out under Costiq Beauty’s professional or business liability insurance (or other applicable insurance). If no insurance payout is available, liability is limited to the invoice amount from which the damage arose, plus 15%.
Except in cases of intent or deliberate recklessness, Costiq Beauty is not liable for consequential, indirect, immaterial, delay-related, or property damage, loss of goodwill, lost sales, or lost profits.
The Customer indemnifies Costiq Beauty against any third-party claims for damages arising from the agreement, where Costiq Beauty acted (including by omission) based on incorrect, incomplete, or late information, data, or documents provided by the Customer, or where actions deviated from these general terms and conditions.
Costiq Beauty does not investigate individual medical, physical, or other negative effects related to the use of its products. Consuming or using the goods may have adverse effects, such as allergic reactions. The Customer is solely responsible for assessing such risks and informing users accordingly. The Customer explicitly bears responsibility for testing the products carefully and in small amounts using a patch test—meaning applying a small amount to the forearm or another inconspicuous area and checking for (allergic) reactions after 24 hours. If any (allergic) reaction occurs, use must be discontinued immediately and medical advice should be sought if necessary.
The Customer acknowledges that Costiq Beauty does not provide medical advice. The Customer is solely responsible for seeking professional guidance regarding product use.
The Customer understands that the effects of the goods may vary from person to person and that results may differ each time, as they depend, among other factors, on the individual’s physical reactions. The Customer agrees that such variations do not constitute a breach of contract by Costiq Beauty.
Any damage or claim, other than those described above, must be reported to Costiq Beauty within 12 months of the date on which the Customer became aware or could reasonably have become aware of such rights or claims, or the right to compensation shall lapse. The Customer must report any damage immediately to Costiq Beauty and is obliged to take all reasonable measures to minimize such damage.

8. Prices and Payment

The offer has been established through mutual agreement. By entering into the contract, both parties consider the prices to be reasonable and fair.
Unless otherwise agreed, the Customer must pay the full amount due prior to delivery by Costiq Beauty. Invoices must in any case be paid within 14 days of receipt by bank transfer. Costiq Beauty is entitled to issue the invoice immediately after the agreement has been concluded.
If the agreed payment term is exceeded, Costiq Beauty is immediately entitled to charge the Customer a late payment interest of 1% of the principal amount per month, as well as an amount for out-of-court collection costs. These collection costs amount to 15% of the outstanding principal sum, with a minimum of EUR 40, excluding VAT.
Without the express written consent of Costiq Beauty, the Customer is not permitted to apply any set-off, suspension, or withholding with respect to their payment obligations.

9. Termination of the Agreement

1. Costiq Beauty has the right to terminate the agreement with the Customer with immediate effect for the future by means of written notice, without any prior notice of default, if:
a) The Customer ceases or liquidates their business, in whole or in part, and/or significantly changes or transfers their business activities to a third party without prior written consent from Costiq Beauty;
b) The Customer is granted (provisional) suspension of payments, is declared bankrupt, files for debt restructuring, or is placed under guardianship or administration;
c) Any of the Customer’s assets or rights are subject to seizure.

2. In the event of termination of the agreement, all payments owed by the Customer to Costiq Beauty become immediately due and payable in full. If the work has not yet been fully completed, the Customer is liable for a proportional part of the total contract amount.

3. In the event of termination, the Customer must, at the request of Costiq Beauty, fully cooperate in enabling Costiq Beauty to regain unrestricted possession of any delivered goods.

4. The Customer has no right of withdrawal if the goods supplied by Costiq Beauty are subject to hygiene regulations. For such goods, the statutory cooling-off period or right of withdrawal does not apply.

10. Force Majeure

Force majeure refers to all circumstances beyond the control of Costiq Beauty, whether foreseeable or unforeseeable, that prevent Costiq Beauty from fulfilling its obligations. This includes, but is not limited to, war, strikes, traffic disruptions, unforeseen delays, energy supply failures, transport difficulties, fire, loss or damage during transport, import and/or export restrictions, failures of third parties on whom Costiq Beauty depends for the performance of the agreement, epidemics, pandemics, and government measures.
During a force majeure event, Costiq Beauty’s obligations are suspended. If the force majeure situation makes performance impossible for more than one month, or if other circumstances arise that make fulfillment unreasonably burdensome for Costiq Beauty, it is entitled to terminate the agreement in whole or in part by notifying the Customer, without judicial intervention and without any obligation to pay damages.
If Costiq Beauty has already partially fulfilled its obligations at the time the force majeure event occurs, it is entitled to invoice the delivered or performed portion separately, or, in the case of advance payments, issue a partial credit note.
In the event of (partial) termination of the agreement due to force majeure, all payments owed by the Customer to Costiq Beauty become immediately due and payable in full.

11. Intellectual Property Rights

Costiq Beauty retains all rights and powers granted to it under the Copyright Act and other intellectual property laws and regulations.
The trademarks, images, logos, and photos used and displayed on the website and products of Costiq Beauty are registered or unregistered trademarks of Costiq Beauty or third parties and may not be used for commercial purposes without the prior consent of the respective rights holder.

12. Amendments to the General Terms and Conditions
1. Costiq Beauty reserves the right to amend or supplement these general terms and conditions. Amendments also apply to existing agreements, with a notice period of 30 days following the announcement of the change. Minor adjustments may be implemented at any time. If the Customer does not accept an amendment to these general terms and conditions, they must notify Costiq Beauty in writing before the date on which the new terms and conditions take effect.

13. Jurisdiction, Choice of Law, and Transfer of Rights

Costiq Beauty is entitled to transfer its rights and obligations under this agreement to a third party. The Customer may only transfer their rights and obligations to a third party with the prior written consent of Costiq Beauty.
This agreement—and any other agreement entered into between the parties—is governed exclusively by Dutch law, with the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If any future obligation arises between the parties that does not stem from an agreement, Dutch law shall likewise apply.
In the event of any dispute arising from the agreement between the parties, the court with exclusive jurisdiction shall be the competent court in the district where Costiq Beauty has its registered office. The same applies to disputes arising from non-contractual obligations between the parties.

14. Right of Withdrawal

This article applies only if the Customer is a natural person acting for purposes outside their trade, business, or profession, and the agreement was concluded remotely, for example via the webshop.
The Customer generally has the right to withdraw from the agreement within 14 days without giving any reason. However, the Customer has no right of withdrawal for goods that are custom-made according to the Customer’s specifications, goods that are not prefabricated and are made based on an individual choice or decision of the Customer, goods excluded from return for hygiene reasons, or goods clearly intended for a specific person.
The withdrawal period expires 14 days after the day on which the Customer, or a third party designated by the Customer who is not the carrier, physically receives the goods, or, in the case of an order consisting of multiple goods delivered separately, the day on which the Customer or the designated third party physically receives the final item.
To exercise the right of withdrawal, the Customer must notify Costiq Beauty of their decision to withdraw from the agreement through a clear statement (for example, in writing by post, fax, or email). The Customer may use the standard withdrawal form provided in paragraph 8 of this article.
To meet the withdrawal deadline, it is sufficient for the Customer to send their notification of exercising the right of withdrawal before the 14-day period has expired.
If the Customer withdraws from the agreement, Costiq Beauty will refund all payments made by the Customer up to that point, including delivery costs (except for additional costs resulting from the Customer’s choice of a delivery method other than the least expensive standard delivery offered by Costiq Beauty), without undue delay and no later than 14 days after Costiq Beauty has been informed of the decision to withdraw. Refunds will be made using the same payment method used for the original transaction, unless the Customer has expressly agreed otherwise. The Customer will not be charged any fees for such reimbursement. Costiq Beauty is entitled to withhold the refund until it has received the returned goods or until the Customer provides proof of return, whichever occurs first. The Customer must return or hand over the goods to Costiq Beauty without undue delay, and in any event no later than 14 days from the date of notifying Costiq Beauty of the withdrawal. The return deadline is met if the goods are sent back before the 14-day period expires. The Customer bears the direct cost of returning the goods. The Customer is only liable for any decrease in the value of the goods resulting from handling beyond what is necessary to determine the nature, characteristics, and functioning of the goods.
If the Customer purchased goods under a bundle discount (for example, a discount based on the number of items purchased) and only part of the goods are returned, Costiq Beauty reserves the right to recalculate the discount based on the quantity and/or value of the retained items and to adjust the refund accordingly. For “buy one, get one free” promotions, the promotional products must be returned together. It is not permitted to return only one product while keeping the promotional price. If the Customer returns only one promotional product, or if one of the returned items is opened or used, Costiq Beauty reserves the right to charge the full regular sale price of the non-returned or opened product. This amount may be deducted from the refund owed to the Customer.
Model Withdrawal Form: To make withdrawal easier, Costiq Beauty provides the following form for the Customer, which may be used to withdraw from the agreement:

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To TRL fulfilment t.a.v. Rik Schippers
Barnsteen 800
3316 KK
Dordrecht
The Netherlands

[email protected]
www.costiqbeauty.com

I/We () hereby inform you that I/We () withdraw from our agreement concerning the purchase of the following goods / provision of the following service (*)

• Ordered on () / Received on ()
• Name(s) of consumer(s)
• Address of consumer(s)

• Signature of consumer(s) (only if this form is submitted on paper)
• Date (*)

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ã This terms and conditions were drafted by Bleijerveld Juridisch advies

www.bleijerveldjuridischadvies.nl