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General Terms and Conditions

 

By placing an order on www.kissblush.com, you are accepting to purchase a Product on and subject to the following terms and conditions of Kissblush Cosmetics (the “General Terms and Conditions”). The General Terms and Conditions always apply between you and Kissblush Cosmetics when you use or place an order through the website www.kissblush.com (the “Site”). The General Terms and Conditions contain important information for you as a customer of Kissblush Cosmetics. Please read them carefully. 

 

Article 1 - Definitions

  1. Kissblush Cosmetics: Kissblush, established in The Netherlands, Chamber of Commerce no. 70237719.

  2. Site: the website www.kissblush.com and all of its sub-domains.

  3. Client: the natural person or corporation acting in the performance of a profession or business who enters into an Agreement with Kissblush Cosmetics.

  4. Product(s): the product(s) as offered on the Site.

  5. Agreement: any arrangement or agreement between Kissblush Cosmetics and the Client of which the General Terms and Conditions form an integral part.

 

Article 2 - Applicability of the General Terms and Conditions

  1. The General Terms and Conditions apply to all offers, activities and deliveries from, and Agreements with Kissblush Cosmetics unless otherwise explicitly agreed on in writing.

  2. If the Client declares other provisions or terms applicable in his order, confirmation or through any other communication medium, such provisions will only be binding upon Kissblush Cosmetics if and in so far as Kissblush Cosmetics has explicitly accepted them in writing.

 

Article 3 - Prices and information

  1. All prices used by Kissblush Cosmetics are in euros, are inclusive of VAT (‘inclusief btw’) and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.

  2. If shipping costs are charged, these will be clearly stated on the Site before the Agreement is concluded. The shipping costs will be displayed separately in the ordering process.

  3. Kissblush Cosmetics is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time. 

  4. The content of the Site is composed of the greatest care. Kissblush Cosmetics can however not guarantee that all information on the Site is displayed correctly and/or is complete at all times. All prices and other information displayed on the Site and on other materials originating from Kissblush Cosmeticscould include typographical and/or programming errors. Kissblush Cosmetics cannot be held responsible for such typographical and/or programming errors and reserves the right to correct such errors at all times.

  5. Kissblush Cosmetics cannot be held responsible for any deviations between the color of the Product and the color of the Product as displayed on the Site.

 

Article 4 - Conclusion of the Agreement

  1. The Agreement will be deemed to be concluded at such moment that the Client accepts the offer of Kissblush Cosmetics which offer is subject to the General Terms and Conditions.

  2. If the Client has accepted the offer by electronic means, Kissblush Cosmetics will also confirm receipt of acceptance of the offer by electronic means.

  3. If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, Kissblush Cosmetics will have the right to suspend its obligations until the correct data has been received from the Client.

  4. Kissblush Cosmetics expressly reserves the right to reject a Client’s order without stating reasons. 

Article 5 - Execution of the Agreement

  1. As soon as Kissblush Cosmetics has received a Client’s order and has confirmed the acceptance thereof, it will handover the Products to the shipping company as chosen by the Client in the ordering process. The shipping company will then send the Products to the Client.

  2. Kissblush Cosmetics is authorized to engage any third parties in the fulfilment of its obligations under the Agreement.

  3. The Site includes information describing the manner of delivery of the Products and an estimation of the term in which the Products will be delivered to the Client.

  4. If Kissblush Cosmetics is unable to deliver the Products within thirty (30) days after the confirmation of acceptance of the order, it will notify the Client accordingly. In such event, the Client can decide to either agree to a new delivery date or to dissolve the Agreement without incurring any costs. Kissblush Cosmetics cannot be held liable for any delay in the delivery process.

  5. Kissblush Cosmetics advises the Client to inspect the Products upon receipt and to report any defects within two (2) working days after delivery by email.

  6. As soon as the Product has been delivered to the delivery address submitted by the Client, the risk of the Product fully transfers to the Client.

  7. If the ordered Product can no longer be supplied, Kissblush Cosmetics is entitled to deliver a Product which is comparable in nature and quality to the ordered Product. In that case, the Client will have the right to dissolve the Agreement without incurring any costs and to return the Product free of charge.

Article 6 - Withdrawal/return

Due to hygiene reasons and the expiration date of cosmetics, Kissblush Cosmetics is unable to accept any exchanges or returns. Therefore we can promise all our products are brand new and no one used it before you.

 

Please keep in mind that colors may appear different on individuals depending on skin tone. Items will not be replaced or exchanged for this reason.

 

Article 7 - Payment

The Client shall pay the amounts due to Kissblush Cosmetics in accordance with the ordering process and through the payment method selected on the Site. Kissblush Cosmetics is free to offer any payment method of its choice and may change these payment methods at any time.

 

Article 8 - Warranties and Conformity

  1. Kissblush Cosmetics warrants that the Products are suitable for their intended use, as described on the Site.

  2. If the delivered Product fails to satisfy the Agreement at delivery, Kissblush Cosmetics must be notified thereof within a reasonable period of time, which is two (2) days after delivery of the Product.

  3. If a Product does not satisfy the Agreement and the Client has notified Kissblush Cosmetics thereof within the period mentioned in article 8.2, the Product concerned will be repaired, replaced or (partially) refunded, such in consultation with the Client. Complaints after the period mentioned in article 8.2 will not be accepted by Kissblush Cosmetics.

  4. The Client is responsible for the chosen shipping method of the returns. The risk of the Product will transfer to Kissblush Cosmetics when Kissblush Cosmetics has received the Product. This means that Kissblush Cosmetics cannot be held responsible for any returns which are (for example) lost and/or damaged in the mail when being returned. We therefore advise you to choose for registered shipment, request tracking information and ensure the package containing the returned Product(s). Kissblush Cosmetics does not make any exceptions to this policy. 

  5. Kissblush Cosmetics only offers warranties on Products purchased on the Site or from an authorized reseller and only accompanied by a valid receipt or proof of purchase. If you purchase a Product from an unauthorized reseller, the warranty will not be valid. Please be aware that there are some websites who claim to be authorized resellers but are not. Products sold on these websites do not carry a warranty from Kissblush Cosmetics. When you purchase products from an unauthorized website, you are taking a risk because these products may be counterfeit, used, defective, or may not be designed or fit for use in your country. Please ensure that you only purchase Products through the Site or from an authorized reseller. If you have any questions about authorized resellers, please contact us.

 

Article 9 - Complaints handling procedure

  1. If the Client has any grievances in connection with a Product (in accordance with article 8 entitled, “Warranties and Conformity”), or regarding any other aspects of the Site or service of Kissblush Cosmetics, it can submit a complaint by email. The contact details of Kissblush Cosmetics are provided at the end of the General Terms and Conditions.

  2. Kissblush Cosmetics will respond to the complaint as soon as possible, and in any case within seven (7) days after receipt of the complaint. If Kissblush Cosmetics is unable to formulate a substantive response to the complaint within such period, Kissblush Cosmetics will confirm receipt of the complaint within seven (7) days after receipt of the complaint and give an indication of the term within which it expects to be able to give a substantive or definitive response to the Client.

 

Article 10 - Liability

  1. The total liability of Kissblush Cosmetics in respect of the Client due to an attributable failure to perform the Agreement is limited to a compensation which does not exceed the price stipulated for that particular Agreement (including VAT and shipping costs).

  2. Kissblush Cosmetics cannot be held liable for any indirect damages or losses, including, without limitation, consequential damages, lost profits, lost savings, loss of data and damage due to business interruption.

  3. Except as otherwise explicitly provided for in this article 10, Kissblush Cosmetics is not subject to any liability, irrespective of the grounds upon which an action or proceeding may be based. The restrictions set out in this article 10.3, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of Kissblush Cosmetics.

  4. Kissblush Cosmetics will only be liable to the Client on account of an attributable failure in the performance of an Agreement if the Client issues a written notice of default to Kissblush Cosmetics without delay, stipulating a reasonable period of time in which Kissblush Cosmetics has the possibility to remedy the default, and Kissblush Cosmetics fails to cure the default within such period. The notice of default must contain a description of the default in as much detail as possible, in order to enable Kissblush Cosmetics to provide an adequate response and/or take adequate action.

  5. Any event giving rise to compensation is always subject to the condition that the Client reports the damage or loss in writing to Kissblush Cosmetics as soon as possible, but no later than within thirty (30) days after the damage or loss has arisen.

  6. Kissblush Cosmetics is not liable to pay compensation for any damage or loss the Client has incurred as a result of a “force majeure event”, as meant in article 6:75 Dutch Civil Code (“DCC”). This includes amongst others (and without limitation) the event that any third party engaged by Kissblush Cosmetics is not able to fulfill its obligations due to a force majeure event.

 

Article 11 - Retention of title

As long as Kissblush Cosmetics has not received full payment for the Products, Kissblush Cosmetics will retain the ownership of the Products.

 

Article 12 - Personal details

Kissblush Cosmetics will process the Client’s personal data in accordance with the Privacy Policy as published on the Site.

Article 13 - Final provisions

  1. The General Terms and Conditions and the Agreement are exclusively construed in accordance with and shall be exclusively governed by the laws of the Netherlands.

  2. Any dispute arising out or in connection with the General Terms and Conditions and the Agreement, including disputes concerning the existence and validity thereof will if no amicable settlement can be reached, be resolved by the competent Dutch court in the district where Kissblush Cosmetics has its registered office.

  3. In the event that any of the provisions contained in the General Terms and Conditions will be deemed invalid or unenforceable, then the remaining provisions shall be construed as if such invalid provisions were not contained herein; and such invalid or unenforceable provisions will then be deemed to have been replaced by a provision which as closely as possible meets the intention of Kissblush Cosmetics when inserting the original provision.

 

Article 14 - Contact

Should you have any questions, complaints or comments after reading the General Terms and Conditions, or if you need to provide us with notice, please contact us by email.

 

Kissblush Cosmetics, established in The Netherlands, Chamber of Commerce number: 70237719

 

Kissblush Cosmetics
Parallelweg 65
1131 DM Volendam

E-mail: info@kissblush.com

 

These Terms & Conditions were last amended on 11-02-2020.