Article 1. General provisions
These general terms and conditions apply to all offers from and agreements entered into with NKA Online Retail B.V. This company is registered with the Chamber of Commerce in Rotterdam under number 24134812 and offers its products through one or more online shops. Any reference by the buyer to their own or other general terms and conditions shall not be effective unless expressly accepted by NKA Online Retail B.V. Where these general terms and conditions refer to the "buyer," it means the natural person or legal entity who, according to the order confirmation, instructs NKA Online Retail B.V. to supply professional hairdressing supplies.
Article 2. Offer and acceptance
All offers made by NKA Online Retail B.V. through its online shops can only be regarded as an invitation to place an order. NKA Online Retail B.V. provides a description of the offered articles on its websites as complete as possible. The description is sufficiently detailed to enable the buyer to assess the offer. If NKA Online Retail B.V. uses images, these represent a true reflection of the articles. Obvious mistakes or errors, as well as minor deviations of the delivered articles compared to the displayed offers, do not bind NKA Online Retail B.V. and do not entitle the buyer to dissolution and/or compensation. If there is a limited validity period for an offer, it will be explicitly stated. A purchase agreement is only concluded after the buyer has placed an order via the website and NKA Online Retail B.V. has expressly accepted this order. This acceptance is done by sending an electronic order confirmation to the email address provided by the buyer.
Article 3. Delivery and shipment
The articles ordered by the buyer will be delivered to the buyer as soon as possible (within a target period of 7 working days), but no later than 30 days after the conclusion of the agreement, by or on behalf of NKA Online Retail B.V. If this period is exceeded, the buyer has the right to terminate the agreement by email or in writing. Any payments already made will be refunded to the buyer by NKA Online Retail B.V. within 30 days after termination. Delivery takes place at the address provided by the buyer. After delivery to this address, the risk transfers to the buyer, and NKA Online Retail B.V. is no longer liable for loss, damage, or other causes of harm. If the buyer has moved or if the address is otherwise incorrect, the risk is borne by the buyer, and any additional delivery costs will be charged to the buyer.
Article 4. Cooling-off period
The buyer has the right to revoke the concluded purchase agreement within a period of 30 business days after receiving the ordered items. This revocation must be explicitly done by email and/or in writing. In case of revocation, the buyer can return the received items free of charge within 14 days after notifying NKA Online Retail B.V. of the revocation. The right of revocation applies only if the delivered items have remained unused and undamaged. NKA Online Retail B.V. will reimburse all payments made by the buyer, including any delivery costs charged by the business for the returned product, without undue delay and no later than 14 days after the day on which the buyer notifies them of the revocation. Unless NKA Online Retail B.V. offers to collect the product themselves, they may wait to refund until they have received the product or until the buyer provides proof of having returned the product, whichever occurs earlier. If the buyer has chosen a more expensive method of delivery than the cheapest standard delivery, NKA Online Retail B.V. is not obligated to reimburse the additional costs for the more expensive method.
Article 5. Prices
The buyer is obligated to pay the price stated in the order confirmation for the delivery of the ordered items. All prices mentioned by NKA Online Retail B.V. are in euros, including value-added tax (VAT), unless expressly stated otherwise. The costs for delivery are not included in the price. These costs will be specified separately.
Article 6. Payment
The items delivered by NKA Online Retail B.V. must be paid for within 14 days after delivery. The buyer will be informed in advance by NKA Online Retail B.V. about the possible methods of payment. NKA Online Retail B.V. is entitled to demand full or partial advance payment from the buyer. In the case of advance payment, individuals always have the right to choose to pay (at most) half of the invoice amount upon delivery. After the expiration of the payment term mentioned in 6.1, the buyer is automatically in default and is liable for statutory commercial interest (professional buyers) or statutory interest (consumers) on the outstanding claim. In the case mentioned in 6.3, any collection costs (extrajudicial costs) will be borne by the buyer. These costs are fixed at 15% of the principal sum owed, with a minimum of €50. The personal data and/or company data processed by NKA Online Retail B.V. as part of its business operations will be used by it or by third parties to whom the claims are assigned for: risk analysis, prevention, detection, and combat of fraud or irregularities.
Article 7. Complaints and Claims
In the case of visible defects, the buyer must notify NKA Online Retail B.V. immediately but no later than 8 business days after the ordered items have been delivered, by email or in writing. The complaint will then be promptly processed by NKA Online Retail B.V. In the case of hidden defects, the same procedure must be followed to lodge a complaint within 8 business days after the buyer has discovered or could reasonably have discovered the defect, but in any case no later than 6 months after delivery by NKA Online Retail B.V. After the mentioned periods have expired, complaints will no longer be processed, and the buyer will have forfeited their rights in this regard. The buyer is not entitled to suspend payment of outstanding invoices or to set off defects and/or other complaints regarding the items delivered by NKA Online Retail B.V.
Article 8. Warranty
The articles delivered by NKA Online Retail B.V. are subject to an explicit warranty only if and to the extent provided by the manufacturer of the delivered articles. The warranty does not apply if the delivered articles have been damaged or no longer meet the reasonable requirements due to improper use, intentional acts, or gross negligence on the part of the buyer. Furthermore, the warranty cannot be invoked in case of normal wear and tear.
Article 9. Liability, Exoneration, and Third-Party Indemnification
NKA Online Retail B.V. is only liable for damage suffered or to be suffered by the buyer as a direct result of a failure attributable to NKA Online Retail B.V., unless there is intent or gross negligence on its part. In all cases, the damage is limited to a maximum of the contract sum or the invoice amount, unless there is intent or gross negligence on its part. NKA Online Retail B.V. is never liable for indirect damages, such as business interruption, loss of profit, etc. It is also not liable for acts or omissions of third parties engaged by it or other random third parties. Under no circumstances is NKA Online Retail B.V. liable for damages caused by the improper functioning of equipment, software, data files, registers, or other items used by it in the establishment and execution of the agreement, as well as for damages caused by computer viruses and the interception of email transmissions.
Article 10. Force Majeure
If NKA Online Retail B.V. is unable to fulfill one or more obligations under the sales agreement due to circumstances beyond its control, it is not liable for any damage suffered by the buyer in connection with the performance of this agreement, except as provided above. Both parties are entitled to wholly or partially (in writing) terminate the agreement without judicial intervention. The aforementioned circumstances include, among others, delays at third parties/suppliers, machine breakdowns, power outages, strikes, fires, natural disasters, as well as legal and other government measures that impede performance.
Article 11. Retention of Title
The articles delivered by NKA Online Retail B.V. remain its property as long as the buyer has not fulfilled all amounts owed to NKA Online Retail B.V., including interest, costs, and payments from previous transactions. If the buyer fails to fulfill his or her obligations, NKA Online Retail B.V. is always entitled to retrieve the articles it has delivered. The buyer is obliged to cooperate fully in this regard.
Article 12. Insolvency
Both NKA Online Retail B.V. and the buyer have the right to immediately (in writing) and without being liable for damages terminate the agreement in case the other party is in a state of suspension of payments or bankruptcy.
Article 13. Personal Data
The personal data provided by the buyer will be processed and included in a file by NKA Online Retail B.V. It will comply with the applicable privacy legislation and any privacy statement it has drawn up in the processing and use of this data.
Article 14. Competent Court and Applicable Law
All disputes arising from the agreements concluded with NKA Online Retail B.V. shall be exclusively settled by the competent court in the jurisdiction where it is established (Rechtbank Rotterdam), unless the parties expressly agree otherwise. Dutch law applies to all agreements with NKA Online Retail B.V.