§ 1
Introduction
Below you will find our General Terms and Conditions. These always apply when you use or place an order through our Website and contain important information for you as a buyer. Therefore, read the General Terms and Conditions carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.
§ 2
Definitions
1 The Xtension Store located in Rijswijk and registered with the Chamber of Commerce under registration number 70973490, trading under the name The Xtension Store.
2 Website: the website of The Xtension Store, available at www.xtensionstore.com and all associated subdomains.
3 Customer: the natural or legal person, whether or not acting in the exercise of a profession or business, who enters into an Agreement with The Xtension Store and / or has registered on the Website.
4 Agreement: any arrangement or agreement between The Xtension Store and the Client, of which agreement the General Terms and Conditions form an integral part.
5 General Terms and Conditions: these General Terms and Conditions.
§3
Applicability of the General Terms and Conditions
1 The General Terms and Conditions apply to all offers, agreements and deliveries of The Xtension Store, unless explicitly agreed otherwise in writing.
2 If the Customer includes provisions or conditions in his order, confirmation or communication containing acceptance that deviate from or do not appear in the General Terms and Conditions, these are only binding for The Xtension Store, if and insofar as they have been explicitly accepted in writing by The Xtension Store .
3 In the event that specific product or service conditions apply in addition to these General Terms and Conditions, those conditions also apply, but in the event of conflicting conditions, the Customer can always invoke the applicable provision that is most favorable to them.
§ 4
Prices and informations
1 All prices stated on the Website and in other materials originating from The Xtension Store are exclusive of VAT and, unless stated otherwise on the Website, other levies imposed by the government.
2 If shipping costs are charged, this will be clearly stated in time for the conclusion of the Agreement. In addition, these costs will be shown separately in the ordering process.
3 The content of the Website has been compiled with the greatest care. However, The Xtension Store cannot guarantee that all information on the website is correct and complete at all times. All prices and other information on the Website and in other materials originating from The Xtension Store are therefore subject to obvious programming and typing errors.
4 The Xtension Store cannot be held responsible for (color) deviations as a result of screen quality.
§ 5
Formation of the Agreement
1 The Agreement is concluded at the moment of acceptance by the Customer of the offer from The Xtension Store and compliance with the conditions set by The Xtension Store.
2 If the Customer has accepted the offer electronically, The Xtension Store will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to dissolve the Agreement.
3 If it appears that incorrect information has been provided by the Client when accepting or otherwise entering into the Agreement, The Xtension Store has the right to fulfill its obligation only after the correct information has been received.
4 The Xtension Store can inform itself within legal frameworks whether the Client can meet his payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If, on the basis of this investigation, The Xtension Store has good reasons not to enter into the Agreement, it is entitled to refuse an order or request or to attach special conditions to the execution, such as prepayment.
§ 6
Registratipn
1 In order to make optimal use of the Website, the Client can register via the registration form / the account login option on the Website.
2 During the registration procedure, the Customer chooses a username and password with which he can log in to the Website after registration. The customer is responsible for choosing a sufficiently reliable password.
3 Customer must keep his login details, username and password strictly confidential. The Xtension Store is not liable for misuse of the login details and may always assume that a Customer who registers on the Website is actually that Customer. Everything that happens through the Client's account is the responsibility and risk of the Client.
4 If the Client knows or suspects that his login details have fallen into the hands of unauthorized persons, he must change his password as soon as possible and / or notify The Xtension Store thereof, so that The Xtension Store can take appropriate measures.
§ 7
Implementation of the Agreement
1 As soon as the order has been received by The Xtension Store, The Xtension Store will send the products as soon as possible with due observance of paragraph 3 of this Article.
2 The Xtension Store is entitled to engage third parties in the performance of the obligations arising from the Agreement.
3 The delivery time is in principle 2-3 working days. The method of delivery can take place in various ways and is at the discretion of The Xtension Store.
4 If The Xtension Store is unable to deliver the products within the agreed term, it will notify the Client accordingly. In that case, the Customer can agree to a new delivery date or he will be given the option to dissolve the Agreement free of charge.
5 The Xtension Store advises the Customer to inspect the delivered products and to report any defects found within a reasonable time, preferably in writing or by e-mail. See further the Article on warranty and conformity.
6 As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the Customer. If explicitly agreed otherwise, the risk will transfer to the Client earlier. If the Customer decides to collect the products, the risk will pass upon transfer of the products.
7 The Xtension Store is entitled to deliver a similar product of similar quality as the ordered product, if the ordered is no longer available. The customer is then entitled to dissolve the agreement free of charge and to return the product free of charge.
§ 8
Right of withdrawal / return
1 Customer has the right to dissolve the distance contract with The Xtension Store within 14 calendar days after receipt of the product, without giving reasons, free of charge. The period starts on the day after the Customer, or a third party designated by him in advance, who is not the carrier, has received the product, or:
- if the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him, has received the last product;
- if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, has received the last shipment or the last part;
- in the case of agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by them, has received the first product.
2 Only the direct costs for the return shipment will be borne by the Customer. The customer must therefore bear the return costs himself. If these costs are higher than the regular postal rate, The Xtension Store will provide an estimate of these costs. Any costs paid by the Customer for shipping and payment of the product to the Customer will be refunded to the Customer upon return of the entire order.
3 Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and packaging with care. The customer will only open the packaging and only use the product insofar as this is necessary to verify the nature, characteristics and functioning of the products. The basic principle here is that this inspection may not go further than the Customer would be able to do in a physical store. Especially for Customers acting in the exercise of their profession or business, products can only be returned unused in unopened packaging.
4 Customer is only liable for depreciation of the product that is the result of a way of handling the product that goes further than permitted in the previous paragraph.
5 The Customer can dissolve the Agreement in accordance with paragraph 1 of the term set in this Article by sending the model withdrawal form (digitally) to The Xtension Store or by informing The Xtension Store in another unambiguous manner that he is not making the purchase. In the event of a digital report, The Xtension Store will confirm receipt of that report. After dissolution, the Customer has 14 days to return the product. It is also possible to return the product immediately within the reflection period specified in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous statement for withdrawal is enclosed.
Products can be returned to:
The Xtension Store
Buizerdlaan 67
2496 HG, Den Haag
6 Amounts already paid (in advance) by the Client will be repaid to the Client as soon as possible, but no later than 14 days after termination of the Agreement. If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, The Xtension Store does not have to reimburse the additional costs for the more expensive method. Unless The Xtension Store offers to collect the product itself, The Xtension Store may wait with repayment until The Xtension Store has received the product or until the Customer demonstrates that he has returned the product, whichever is the earlier.
7 Information on whether or not the right of withdrawal is applicable and any desired procedure will be clearly stated on the Website in good time before the Agreement is concluded. 8 The right of withdrawal does not apply to: -Products that have been created by the entrepreneur in accordance with the consumer's specifications; -Products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
§ 9
Payment
1 Customer must make payments to The Xtension Store according to the payment methods indicated in the order procedure and possibly on the Website. The Xtension Store is free in the choice of offering payment methods and these can also change from time to time. In case of payment after delivery, the Client has a payment term of 14 days starting on the day after delivery.
2 If the Customer does not fulfill his payment obligation (s) on time, after the The Xtension Store has informed the Customer of the late payment and The Xtension Store has granted the Customer a period of 14 days to still fulfill his payment obligations. after non-payment within this 14-day period, the statutory interest is due on the amount due and The Xtension Store is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. The Xtension Store may deviate from the stated amounts and percentages in favor of the Client.
§ 10
Warranty and conformity
1 This article only applies if there is a Client who is not acting in the exercise of his profession or business. If The Xtension Store provides a separate warranty on the products, this applies, without prejudice to the aforesaid, for all types of Customers.
2 The Xtension Store guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If specifically agreed, The Xtension Store also guarantees that the product is suitable for other than normal use.
3 A guarantee provided by The Xtension Store, manufacturer or importer does not affect the legal rights and claims that the Customer already has and can invoke on the basis of the Agreement.
4 If the delivered product does not comply with the Agreement, the Customer must inform The Xtension Store within a reasonable period of time after he has discovered the defect.
5 If The Xtension Store considers the complaint to be justified, the relevant products will be repaired, replaced or reimbursed after consultation with the Client. The maximum compensation is, with due observance of the Article regarding liability, equal to the price paid by the Customer for the product.
6 No guarantee can and will not be given on the installation and also the dyeing of our hair extension products.
§ 11
Complaints procedure
1 If the Customer has a complaint about a product (in accordance with Article regarding warranty and conformity) and / or about other aspects of the services of The Xtension Store, he can submit a complaint to The Xtension Store by telephone, e-mail or post. . See the contact details at the bottom of the General Terms and Conditions.
2 The Xtension Store will give the Customer a response to his complaint as soon as possible, but in any case within 7 days after receipt of the complaint. If it is not yet possible to give a substantive or definitive response, The Xtension Store will confirm within 7 days of receipt of the complaint and give an indication of the period within which it expects to give a substantive or definitive response to the complaint from Customer.
§ 12
Liability
1 This Article only applies if the Client is a natural or legal person who acts in the exercise of his profession or business.
2 The total liability of The Xtension Store towards the Customer due to an attributable shortcoming in the fulfillment of the Agreement is limited to compensation of a maximum of the amount of the price stipulated for that Agreement (including VAT).
3 Liability of The Xtension Store towards the Client for indirect damage, including in any case –but explicitly not exclusively –consequential damage, lost profit, missed savings, loss of data and damage due to business interruption, is excluded.
4 Apart from the cases referred to in the previous two paragraphs of this Article, The Xtension Store has no liability whatsoever towards the Client for compensation, regardless of the ground on which an action for compensation would be based. However, the limitations referred to in this Article will lapse if and insofar as damage is the result of intent or gross negligence on the part of The Xtension Store.
5 The liability of The Xtension Store towards the Customer due to attributable shortcoming in the fulfillment of an agreement only arises if The Xtension Store immediately and properly gives notice of default in writing, setting a reasonable period to remedy the shortcoming, and The Xtension Store also after that period. continues to fail to fulfill its obligations. The notice of default must contain a description of the shortcoming that is as detailed as possible, so that The Xtension Store is able to respond adequately.
6 A condition for the existence of any right to compensation is always that the Customer reports the damage to The Xtension Store in writing as soon as possible, but no later than 30 days after the occurrence thereof.
7 In case of force majeure, The Xtension Store is not obliged to pay compensation for any damage caused to the Client as a result.
§ 13
Retention of title
1 As long as the Client has not made full payment for the entire agreed amount, all goods delivered remain the property of The Xtension Store.
§ 14
Personal data
1 The Xtension Store processes the personal data of the Client in accordance with the privacy statement published on the Website.
§ 15
Final provisions
1 The Agreement is governed by Dutch law.
2 Insofar as not dictated otherwise by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where The Xtension Store is located.
3 If a provision in these General Terms and Conditions proves to be invalid, this will not affect the validity of the entire General Terms and Conditions. In that case, the parties will determine (a) new provision (s) as a replacement, thus giving shape to the intention of the original provision as much as legally possible.
4 In these General Terms and Conditions, “in writing” also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
Contact details
If you have any questions, complaints or comments after reading these General Terms and Conditions, please feel free to contact us in writing or by e-mail.
The Xtension Store
Buizerdlaan 67
2496 HG, Den Haag
tel 06 48300068
info@xtensionstore.com
KvK 70973490