General terms and conditions

Version valid from 01-09-2015

1. General

1.1 These general terms and conditions apply to every offer from JK BEAUTYSHOP BV and to every agreement concluded between JK BEAUTYSHOP BV and a consumer. The conditions are accessible to everyone and included on the JK BEAUTYSHOP BV website. We will send you a written copy upon request.

1.2 By placing an order, you indicate that you agree to the delivery and payment terms. JK BEAUTYSHOP BV reserves the right to change its delivery and/or payment terms after the expiry of the term.

1.3 Unless otherwise agreed in writing, the general or specific terms or conditions of third parties are not recognized by JK BEAUTYSHOP BV.

1.4 JK BEAUTYSHOP BV guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.

2. Delivery

2.1 Delivery takes place as long as stocks last.

2.2 If the products are in stock, shipment will take place within 48 hours. In many cases, if ordered before 2:00 PM, delivery will be the next day. 

2.3 Products not in stock are usually delivered within 7 days. If this is not feasible, we will contact you.

2.4 Within the framework of the rules for distance selling, JK BEAUTYSHOP BV will execute orders within at least 30 days, unless a different delivery term has been agreed upon. If delivery within 30 days or another agreed delivery time is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or can only be partially executed, the consumer will receive a notification within 1 month after placing the order, and in that case, has the right to cancel the order without costs and without notice of default.

2.5 The delivery obligation of JK BEAUTYSHOP BV shall, subject to proof to the contrary, be fulfilled as soon as the goods delivered by JK BEAUTYSHOP BV have been offered to the buyer. In the case of home delivery, at a Post.nl delivery point or a Post NL parcel and letter machine, the carrier's report, containing the refusal of acceptance, serves as full proof of the offer of delivery.

2.6 If, unexpectedly, there is something wrong with your order, you must report this within 7 days of receiving the package.

2.7 All terms mentioned on the website are indicative. Therefore, no rights can be derived from the stated terms.

3. Prices

3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.

3.2 All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.

3.3 All prices on the site are in Euros and exclude 21% VAT as we are a wholesaler.

4. Cooling-off period / right of withdrawal

4.1 If there is a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the customer has the right to return (a part of) the delivered goods within a period of 14 days without stating a reason. This period starts at the moment the ordered goods are delivered. The customer is obliged, before returning the goods, to notify JK BEAUTYSHOP BV in writing within the 14-day period after receipt. If the customer has not reported within the 14-day cooling-off period after receipt that they wish to exercise their statutory right of return, the purchase is final.

During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess its nature, characteristics, and functioning. If he exercises his right of withdrawal, he will return the product to the entrepreneur within 28 days of receipt, in accordance with the reasonable and clear instructions provided by the entrepreneur.

The buyer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. The return of the goods must be in their original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered, or damaged in any way by the buyer, JK BEAUTYSHOP BV reserves the right to charge for depreciation. Subject to what is stipulated in the previous sentence, JK BEAUTYSHOP BV will arrange for repayment within 14 days after proper receipt of the return or 14 days after proof of return (where the shipping receipt must explicitly state the contents of the return shipment). Upon return of the entire purchase, the full purchase amount including any calculated shipping and/or payment costs will be refunded to the buyer. Upon return of only a part of the received purchases, only the purchase value of the returned goods will be refunded. If the original order then falls below 50 euros excluding VAT, the shipping costs for the outbound shipment will be deducted from the amount to be refunded. Additional costs resulting from a more expensive shipping method than the cheapest standard delivery will never be reimbursed.

The return of the delivered goods is entirely at the expense and risk of the buyer.

4.2 The right of withdrawal does not apply to:

service agreements, after full performance of the service, and only when the performance has begun with the express prior consent of the consumer and the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the agreement;

< > or services whose price is subject to fluctuations in the financial market over which the supplier has no influence and which may occur within the withdrawal period< > that have been manufactured according to the consumer's specifications, for example, custom-made, or that have a clear personal character
products whose shelf life has expired within the 14-day cooling-off period (perishables).

business purchases (B2B)

sealed products that are not suitable for return for health or hygiene reasons and whose seal has been broken after delivery

sealed audio/video or software carriers whose seal has been broken

< > goods or services that cannot be returned due to their nature, for example due to hygiene or that can spoil or age quickly

5. Data Management

5.1 If you place an order with JK BEAUTYSHOP BV, your data will be included in the customer database of JK BEAUTYSHOP BV.JK BEAUTYSHOP BV complies with the Personal Data Registration Act and will not provide your data to third parties. See our Privacy Policy.

5.2 JK BEAUTYSHOP BV respects the privacy of the users of the website and ensures confidential handling of your personal data.

5.3 JK BEAUTYSHOP BV uses a mailing list in some cases. Each mailing contains instructions on how to remove yourself from this list.

6. Warranty and conformity

6.1 The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement.

6.2 A scheme offered by the entrepreneur, manufacturer, or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur regarding a shortcoming in the fulfillment of the entrepreneur's obligations on the basis of the law and/or the distance contract.

6.3 If it appears that the delivered item is incorrect, defective or incomplete, the customer must (before returning it to JK BEAUTYSHOP BV) report these defects in writing to JK BEAUTYSHOP BV within 2 months after discovering the defect. The return of the goods must be in the original packaging (including accessories and accompanying documentation). Use after detection of defects, damage occurring after detection of defects, encumbrance and/or resale after detection of defects, completely cancels this right to complain and return.

6.4 If complaints from the buyer are found to be justified by JK BEAUTYSHOP BV, JK BEAUTYSHOP BV will repair or replace the delivered goods free of charge, at the consumer's discretion. Any liability of JK BEAUTYSHOP BV for damage is limited to at most the invoice amount of the goods concerned, or (at the discretion of JK BEAUTYSHOP BV) to the maximum amount covered by the liability insurance of JK BEAUTYSHOP BV in the relevant case. Any liability of JK BEAUTYSHOP BV for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to loss of profit.

6.5 JK BEAUTYSHOP BV is not liable for damage caused by intent or equivalent gross negligence of non-managerial staff.

6.6 This guarantee does not apply if: A) and as long as the buyer is in default towards JK BEAUTYSHOP BV; B) the buyer has repaired and/or modified the delivered goods himself or has had them repaired/modified by third parties. C) the delivered goods have been exposed to abnormal circumstances or are otherwise handled carelessly or have been treated contrary to the instructions of JK BEAUTYSHOP BV and/or the instructions for use on the packaging; D) when the product was not purchased from us or one of our distributors.

7. Offers

7.1 Offers are without obligation, unless otherwise stated in the offer.

7.2 If a buyer accepts a non-binding offer, JK BEAUTYSHOP BV reserves the right to revoke or deviate from the offer within 3 working days of receiving that acceptance.

7.3 Oral commitments are only binding on JK BEAUTYSHOP BV after they have been expressly confirmed in writing.

7.4 Offers from JK BEAUTYSHOP BV do not automatically apply to repeat orders.

7.5 JK BEAUTYSHOP BV cannot be held to its offer if the buyer should have understood that the offer, or a part thereof, contained an obvious mistake or error.

7.6 Additions, modifications and/or further agreements are only valid if agreed upon in writing.

7.7 If there is a discount promotion, these will not apply to the following products: workshops and courses, already discounted items.

8. Agreement

8.1 An agreement between JK BEAUTYSHOP BV and a customer is concluded after an order has been assessed by JK BEAUTYSHOP BV for feasibility.

8.2 JK BEAUTYSHOP BV reserves the right to refuse orders or assignments without stating reasons, or to accept them only on the condition that shipment is made cash on delivery or after advance payment.

9. Images and specifications

9.1 All images; photos, drawings etc.; including data concerning weights, dimensions, colors, images of labels, etc. on the JK BEAUTYSHOP BV website are only approximate, indicative and cannot give rise to compensation or dissolution of the agreement.

10. Force majeure

10.1 JK BEAUTYSHOP BV is not liable if and insofar as its obligations cannot be fulfilled due to force majeure.

10.2 Force majeure is understood to mean any strange cause, as well as any circumstance, which cannot reasonably be attributed to its risk. Delays or non-performance by our suppliers, internet failures, electricity failures, email traffic failures and failures or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and/or manufacturers of JK BEAUTYSHOP BV as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly considered force majeure.

10.3 In the event of force majeure, JK BEAUTYSHOP BV reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be changed in such a way that performance remains possible. In no case is JK BEAUTYSHOP BV obliged to pay any penalty or compensation.

10.4 If JK BEAUTYSHOP BV has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or deliverable part separately and the buyer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.

11. Liability

11.1 JK BEAUTYSHOP BV is not liable for damage caused to vehicles or other objects resulting from incorrect application of the products. Please read the instructions on the packaging and/or consult our website before use.

12. Retention of title

12.1 Ownership of all goods sold and delivered by JK BEAUTYSHOP BV to the buyer remains with JK BEAUTYSHOP BV as long as the buyer has not fulfilled the claims of JK BEAUTYSHOP BV under the agreement or earlier or later similar agreements, as long as the buyer has not yet fulfilled the work performed or to be performed under these or similar agreements and as long as the buyer has not yet fulfilled the claims of JK BEAUTYSHOP BV due to a shortcoming in the fulfillment of such obligations, including claims for fines, interest and costs, all as referred to in Article 3:92 of the Dutch Civil Code.

12.2 The goods delivered by JK BEAUTYSHOP BV that are subject to retention of title may only be resold within the framework of normal business operations and may never be used as a means of payment.

12.3 The buyer is not authorized to pledge or in any other way encumber the goods subject to retention of title.

12.4 The buyer hereby grants unconditional and irrevocable permission to JK BEAUTYSHOP BV or a third party to be appointed by JK BEAUTYSHOP BV to enter all places where its properties will be located and to take those goods with them, in all cases where JK BEAUTYSHOP BV wishes to exercise its ownership rights.

12.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the buyer is obliged to inform JK BEAUTYSHOP BV as soon as reasonably expected.

12.6 The buyer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage, as well as against theft, and to provide the policy of this insurance for inspection to JK BEAUTYSHOP BV upon first request.

12.7 When making purchases in our wholesale store, you are aware that The GelBottle Inc. products are for professional use. Any damage or consequences due to incorrect use are at the user's risk. All our prices are exclusive of VAT as we are a wholesaler.

13. Courses and training

13.1 An external educator is hired for many training courses. Cancellation of these types of training courses is not possible.
If you wish to cancel, you owe the full amount. However, it is possible to send someone else in your place to the training.

13.2 Internal training sessions by our own instructors can be canceled up to 48 hours in advance. 

13.3 Only fully paid bookings will be processed

14. Applicable law/competent court

14.1 Dutch law applies to all agreements.

14.2 Disputes arising from an agreement between JK BEAUTYSHOP BV and the buyer, which cannot be resolved by mutual agreement, will be heard by the competent court within the district of The Hague, unless JK BEAUTYSHOP BV prefers to submit the dispute to the competent court of the buyer's place of residence, and with the exception of those disputes that fall within the jurisdiction of the subdistrict court.

JK BEAUTYSHOP BV is the official distributor of the entire The GelBottle, Peacci, Klear, The Blooom, Colortone, Barbicide, Mistero Milano ranges

JK BEAUTYSHOP BV

Van der Waalsstraat 36

2721 KX ZOETERMEER

CoC no: 87726408

VAT no: NL864385201B01