Terms and Conditions

General Terms and Conditions mae-hair B.V. The private company mae-hair B.V. (hereinafter mae-hair) is registered with the Chamber of Commerce under number 84572337 and is located at Poortland 66 (1046BD) in Amsterdam.
Article 1 – Definitions

1. In these general terms and conditions the following terms are used in the following sense, unless explicitly stated otherwise:
2. Offer: Any written offer to Buyer for the supply of Products by Seller to which these terms and conditions are inextricably linked.
3. Company: The natural or legal person who is acting in the course of a profession or business.
4. Consumer: The natural person who is not acting in the course of a profession or business.
5. Buyer: The Company or the Consumer that enters into an Agreement (at a distance) with the Seller.
6. Agreement: The purchase agreement (at a distance) which aims at the sale and delivery of Products bought by Buyer from mae-hair.
7. Products: The Products offered by mae-hair are hair products.
8. Seller: The provider of Products to Buyer, hereinafter referred to as mae-hair.
9. Website: https://mae-hair.com/.

Article 2 – Applicability

1. These General Terms and Conditions apply to any Offer by mae-hair and any Agreement between mae-hair and a Buyer and to any Product offered by mae-hair.
2. Before an Agreement (at a distance) is concluded, the Buyer will be provided with these General Terms and Conditions. If this is not reasonably possible, mae-hair will indicate to the Buyer in what way the Buyer can view the General Conditions, which are in any case published on the website of mae-hair, so that the Buyer can easily save these General Conditions on a durable data carrier.
3. In exceptional situations, these General Terms and Conditions may be deviated from if this has been explicitly agreed with mae-hair in writing.
4. These General Terms and Conditions also apply to supplementary, amended and follow-up agreements with the Buyer. Any general and/or purchasing conditions of the Buyer are expressly rejected.
5. If one or more provisions of these General Terms and Conditions are partially or fully void or voided, the remaining provisions of these General Terms and Conditions will remain in effect and the void/c voided provision(s) will be replaced by a provision with the same intent as the original provision.
6. Uncertainties about the content, explanation or situations not provided for in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
7. If in these general terms and conditions reference is made to she/he, this should also be understood as a reference to he/she/it, if and to the extent applicable.

Article 3 – The Offer

1. All offers made by mae-hair are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. There is no question of an Offer until it has been recorded in writing.
2. The Offer made by mae-hair is without obligation. mae-hair is only bound by the Offer if the acceptance thereof is confirmed in writing by the Buyer within 30 days, or because the Buyer has already paid the amount due. Nevertheless, mae-hair has the right to refuse an Agreement with a potential Buyer for a reason justified by mae-hair.
3. The Offer contains an accurate description of the offered Product with corresponding prices. The description is detailed enough to enable the Buyer to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind mae-hair. Any images and specific data in the Offer are indicative only and may not be grounds for any damages or dissolution of the Agreement (at a distance). mae-hair cannot guarantee that the colors in the image correspond exactly to the real colors of the Product.
4. Delivery times and Deadlines stated in mae-hair’s Offer are indicative and, if exceeded, do not entitle the Buyer to rescission or damages, unless expressly agreed otherwise.
5. A composite price quotation does not oblige mae-hair to deliver part of the goods included in the offer or Offer at part of the price quoted.
6. If and insofar as there is a quotation, this does not automatically apply to repeat orders. Offers are valid only until stocks last and according to the ‘on sale’ principle.

Article 4 – Realization of the Agreement

1. The Agreement is concluded when the Buyer has accepted an Offer from mae-hair by paying for the Product in question.
2. An Offer can be made by mae-hair via the website.
3. If the Buyer has accepted the Offer by concluding an Agreement with mae-hair, mae-hair will confirm the Agreement with the Buyer in writing, at least by email.
4. If the acceptance (on minor points) deviates from the Offer, mae-hair is not bound by it.

5. mae-hair is not bound by an Offer if the Buyer could reasonably have expected or should have understood that the Offer contains an obvious mistake or clerical error. The Buyer cannot derive any rights from this error or mistake.
6. The right of withdrawal is excluded for Buyers who are businesses. Buyer being a Consumer has the right to exercise its right of withdrawal within the statutory period. If withdrawal is applicable, Buyer shall handle the Product and its packaging with care. It shall only unpack or use the Product to the extent necessary to determine the nature, characteristics and functioning of the Product. The direct costs of returning the Product shall be borne by Buyer.
7. Products that cannot be returned after breaking the seal because of hygiene and/or limited shelf life are excluded from the right of withdrawal. This is explicitly stated in the Offer.

Article 5 – Execution of the Agreement

1. mae-hair will execute the Agreement to the best of its knowledge and ability.
2. If and insofar as required for the proper execution of the Agreement, mae-hair has the right to have certain activities performed by third parties at its discretion.
3. The Buyer will ensure that all information, which mae-hair indicates is necessary or which the Buyer should reasonably understand is necessary for the execution of the Agreement, will be provided to mae-hair in a timely manner. If the information required to execute the Agreement is not provided in time to mae-hair, mae-hair has the right to suspend execution of the Agreement.
4. When executing the Agreement, mae-hair is not obliged or required to follow the Buyer’s instructions if this changes the content or scope of the Agreement. If the instructions result in additional work for mae-hair, the Buyer is obliged to pay the additional or supplementary costs accordingly.
5. mae-hair may require security from the Buyer or full payment in advance before proceeding to execute the Contract.
6. mae-hair is not liable for damages of any kind arising from the fact that mae-hair has relied on inaccurate and/or incomplete information provided by the Buyer, unless such inaccuracy or incompleteness was known to mae-hair.
7. The Buyer indemnifies mae-hair against any claims from third parties who suffer damage in connection with the execution of the Agreement and which is attributable to the Buyer.

Article 6 – Delivery

1. If the start, progress or (re)delivery of the Agreement is delayed because, for example, the Buyer has not or not timely provided all requested information, insufficiently cooperates, the (re)payment has not been received on time by mae-hair or because of other circumstances beyond mae-hair’s control, mae-hair is entitled to a reasonable extension of the (re)delivery period. All agreed (on) delivery deadlines are never deadlines. The Buyer must declare mae-hair in default in writing and allow it a reasonable time to still be able to deliver. The Buyer is not entitled to any compensation as a result of the delay.
2. The Buyer is obliged to take delivery of the goods at the time they are made available to him in accordance with the Agreement, even if they are offered to him earlier or later than agreed.
3. If the Buyer refuses to take delivery or fails to provide information or instructions necessary for delivery, mae-hair is entitled to store the goods at the expense and risk of the Buyer.
4. If the Products are delivered by mae-hair or an external carrier, mae-hair is, unless otherwise agreed in writing, entitled to charge any delivery costs. These will then be invoiced separately unless expressly agreed otherwise.
5. If mae-hair requires information from the Buyer in connection with the execution of the Agreement, the delivery time will only commence after the Buyer has made all information necessary for the execution available to mae-hair.
6. If mae-hair has given a term for delivery, this is indicative. For deliveries outside the Netherlands, longer delivery times apply.
7. mae-hair is entitled to deliver the goods in parts, unless this has been deviated from in the Agreement or the partial delivery has no independent value. mae-hair is entitled to invoice the goods delivered in this way separately.
8. Deliveries will only be made if all invoices have been paid unless expressly agreed otherwise. mae-hair reserves the right to refuse delivery if there is a well-founded fear of non-payment.

Article 7 – Packaging and transport

1. mae-hair undertakes vis-à-vis the Buyer to package the goods to be delivered properly and to protect them in such a way that they will reach their destination in good condition during normal use.
2. Unless otherwise agreed in writing, all deliveries will be inclusive of turnover tax (VAT), including packaging and packaging materials.
3. Acceptance of goods without any comments or observations on the consignment bill or the receipt shall be considered proof that the packaging was in good condition at the time of delivery.

Article 8 – Examination, complaints

1. The Buyer shall be obliged to inspect the goods delivered (or have them inspected) at the time of delivery (or delivery), but in any event within 14 days of receipt of the goods, and only to unpack or use them to the extent necessary to assess whether they retain the Product. In doing so, the Buyer shall examine whether the quality and quantity of the goods delivered corresponds to the Agreement and whether the Products meet the requirements applicable to them in normal (business) transactions.
2. Buyer is obliged to examine and inform himself on how the Product should be used and in case of personal use, to test the Product in accordance with the instructions for use. mae-hair accepts no liability for incorrect use of the Product by the Buyer.
3. Any visible defects or shortages must be reported to mae-hair in writing after delivery at info@mae-hair.com. The Buyer has a period of 14 days after delivery. Non-visible defects or shortages must be reported within 14 days of discovery, but no later than 6 months after delivery. If the Product is damaged due to careless handling by the Buyer, the Buyer is liable for any reduction in value of the Product.
4. If pursuant to the previous paragraph a complaint is lodged in time, the Buyer shall remain obliged to pay for the purchased goods. If the Buyer wishes to return defective goods, this is done only with the prior written permission of mae-hair in the manner indicated by mae-hair.
5. If the Buyer, being a Consumer, exercises his right of withdrawal, he will return the Product and all accessories, insofar as this is reasonably possible, in the original condition and packaging to mae-hair, in accordance with the return instructions of mae-hair. The direct costs for return shipments are at the expense and risk of the Buyer.
6. mae-hair is entitled to initiate an investigation into the authenticity and condition of the returned Products before a refund will be made.
7. Refunds to Buyer will be processed as soon as possible, but may take up to 14 days after receipt of Buyer’s declaration of dissolution. Refunds shall be made to the account number previously provided.
8. If the Buyer exercises its right of complaint, the Buyer being a business shall not be entitled to suspend its payment obligation or to set off outstanding invoices.
9. In case of failure to deliver completely, and/or if one or more Products are missing, and this is due to mae-hair, mae-hair will, after a request to that effect from the Buyer, send the missing Product(s) or cancel the remaining order. The confirmation of receipt of the Products is leading. Any damage suffered by Buyer as a result of the (different) scope of delivery, cannot be recovered from mae-hair.

Article 9 – Prices

1. During the period of validity of the Offer, the prices of the Products offered will not be increased, except in the case of changes in VAT rates.
2. The prices stated in the Offer are inclusive of VAT, unless explicitly stated otherwise.
3. The prices as mentioned in the Offer are based on the cost factors applicable at the time of concluding the Agreement, such as: the import and export duties, freight and unloading costs, insurance and any levies and taxes.
4. If it concerns Products or raw materials of which there are price fluctuations on the financial market and on which mae-hair has no influence, mae-hair may offer these Products with variable prices. The Offer will state that the prices are target prices and may fluctuate.

Article 10 – Payment and collection policy

1. Payment should preferably be made in advance in the currency of the invoice by the method indicated.
2. The Buyer cannot derive any rights or expectations from an estimate issued in advance, unless the parties have expressly agreed otherwise.
3. Buyer shall make payment in a lump sum to the account number and details of mae-hair made known to it. The parties may agree on a different payment term only after explicit and written consent from mae-hair.
4. If a periodic payment obligation of the Buyer has been agreed, mae-hair is entitled to adjust the applicable prices and rates in writing with due observance of a period of 3 months.
5. In case of liquidation, bankruptcy, seizure or suspension of payment of the Buyer, the claims of mae-hair on the Buyer are immediately due and payable.
6. mae-hair has the right to have the payments made by the Buyer go first of all to reduce the costs, then to reduce the interest and finally to reduce the principal and current interest. mae-hair may, without thereby falling into default, refuse an offer of payment if the Buyer indicates a different sequence of attribution. mae-hair may refuse full repayment of the principal sum, if this does not include the interest due and accrued and the costs.
7. When the Buyer fails to meet its payment obligation and has not fulfilled its obligation within the stipulated payment period, the Buyer being a Business is in default. The Buyer, being a Consumer, will first receive a written demand with a term of 14 days after the date of the demand to fulfil the payment obligation with an indication of the extrajudicial costs if the Consumer does not fulfil its obligations within this term, before it will be in default.
8. From the date that Buyer is in default, mae-hair shall, without further notice, claim the statutory (commercial) interest from the first day of default until full payment and compensation for the extrajudicial costs in accordance with Article 6:96 BW to be calculated according to the graduated scale from the Decree on compensation for extrajudicial collection costs of 1 July 2012.
9. If mae-hair has incurred more or higher costs that are reasonably necessary, such costs are eligible for reimbursement. The judicial and execution costs incurred will also be borne by the Buyer.

Article 11 – Retention of title

1. All goods delivered by mae-hair, remain the property of mae-hair until the Buyer has fulfilled all subsequent obligations under all Agreements concluded with mae-hair.
2. The Buyer is not authorized to pledge the goods falling under the retention of title nor to encumber them in any other way if the ownership has not yet been transferred in full.
3. If third parties seize goods delivered subject to retention of title or wish to establish or assert rights over them, the Buyer is obliged to inform mae-hair of this as soon as may reasonably be expected.
4. In the event that mae-hair wishes to exercise its property rights as indicated in this article, the Buyer hereby grants unconditional and irrevocable permission and authorization to mae-hair or third parties designated by mae-hair to enter all those places where the properties of mae-hair are located and to take back those goods.
5. mae-hair is entitled to retain the Product(s) purchased by the Buyer if the Buyer has not yet fulfilled his payment obligations (in full), despite an obligation to transfer or issue by mae-hair. After the Buyer has fulfilled his obligations, mae-hair will make every effort to deliver the purchased Products to the Buyer as soon as possible, but at the latest within 20 working days.
6. Costs and other (consequential) damage as a result of keeping the purchased Products in custody are for the account and risk of Buyer and will be compensated by Buyer on first request to mae-hair.

Article 12 – Warranty mae-hair guarantees that the Products comply with the Agreement, the specifications stated in the offer, usability and / or reliability and the legal rules / regulations at the time of the conclusion of the Agreement. This also applies if the goods to be delivered are intended for use abroad and the Buyer has expressly notified mae-hair in writing of this use at the time of entering into the Agreement.
Article 13 – Instructions for use of Products

1. Buyer of Products must follow the regulations and instructions on the packaging of the Products.
2. Buyer is obliged to examine the Products for content and ingredients in connection with possible allergies. mae-hair is not liable for damages resulting from allergies.
3. Buyer should carefully clean and disinfect the Products (dermaroller) with alcohol after use.

Article 14 – Suspension and dissolution

1. mae-hair is authorized to suspend the fulfillment of the obligations or to dissolve the Agreement, if the Buyer does not or not fully comply with the (payment) obligations under the Agreement.
2. mae-hair is also authorized to dissolve the Agreement between it and the Buyer, insofar as it has not yet been performed, without judicial intervention, if the Buyer, does not comply on time or does not comply properly with the obligations arising for it from any Agreement concluded with mae-hair.
3. Furthermore, mae-hair is authorized to dissolve the Agreement without prior notice of default (or have it dissolved) if circumstances arise of such a nature that performance of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise of such a nature that the unaltered maintenance of the Agreement can no longer be reasonably expected.
4. If the Agreement is dissolved, the claims of mae-hair on the Buyer are immediately due and payable. If mae-hair suspends fulfillment of the obligations, it retains its claims under the law and the Agreement.
5. mae-hair always retains the right to claim damages.

Article 15 – Limitation of liability

1. If the execution of the Agreement by mae-hair leads to liability of mae-hair towards the Buyer or third parties, such liability is limited to the costs charged by mae-hair in connection with the Agreement unless the damage was caused by intent or gross negligence. In any event, mae-hair’s liability is limited to the maximum amount of damages paid by the insurance company per occurrence per year.
2. mae-hair is not liable for consequential damages, indirect damages, lost profits and / or suffered losses, lost savings and damage resulting from the use of the delivered Products is excluded. For Consumers, a restriction applies in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
3. mae-hair is not liable for and/or obliged to repair damage caused by the use of the Product. mae-hair provides strict maintenance and use instructions that must be followed by the Buyer. All damage to Products caused by carrying and use is expressly excluded from liability (this includes usage traces, usage damage, fall damage, light and water damage, theft, loss etc.).
4. mae-hair is not liable for damages resulting from any act or omission as a result of (incomplete and / or incorrect) information on the website (s) or linked websites.
5. mae-hair is not responsible for errors and / or irregularities in the functionality of the website and is not liable for failures or unavailability of the website for any reason.
6. mae-hair is not responsible for a correct and complete transmission of the content of and by / on behalf of mae-hair sent e-mail, nor for the timely receipt.
7. All claims of the Buyer due to shortcomings on the part of mae-hair expire if they are not reported to mae-hair in writing and with reasons within one year after the Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims by the Buyer expire in any case one year after the termination of the Agreement.

Article 16 – Force majeure

1. mae-hair is not liable if, due to a force majeure situation, it cannot fulfill its obligations under the Agreement, nor can it be held to fulfill any obligation if it is hindered to do so as a result of a circumstance that is not due to its fault and not under the law, legal act or generally accepted for its account.
2. Force majeure is understood to mean in any case, but is not limited to what is understood in this regard in the law and jurisprudence, (i) force majeure of suppliers of mae-hair, (ii) failure to properly fulfill obligations of suppliers that are prescribed or recommended by Buyer to mae-hair, (iii) defectiveness of goods, equipment, software or materials from third parties, (iv) government measures, (v) power failure, (vi) failure of Internet, data network and telecommunications facilities (eg by: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the company of mae-hair and (xi) other situations which, in the opinion of mae-hair, are beyond its control that temporarily or permanently prevent the fulfilment of its obligations.
3. mae-hair has the right to invoke force majeure if the circumstance preventing (further) fulfillment occurs after mae-hair should have fulfilled its commitment.
4. The parties may suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to dissolve the Agreement, without any obligation to compensate the other party for damages.
5. Insofar as mae-hair, at the time of the occurrence of force majeure, has already partially fulfilled its obligations under the Agreement or will be able to fulfil them, and the fulfilled respectively to be fulfilled part has independent value, mae-hair is entitled to invoice the fulfilled respectively to be fulfilled part separately. Buyer is obliged to pay this invoice as if it were a separate Agreement.

Article 17 – Risk transfer The risk of loss or damage to the Products that are the subject of the Agreement, passes to Buyer being a company at the time the goods leave the warehouse of mae-hair. For Consumers, the above-mentioned risk shall pass to Buyer if the Products have been given into Buyer’s control. This is the case if the Products have been delivered to Buyer’s delivery address. Article 18 – Intellectual Property Rights

1. All intellectual property rights and copyrights of mae-hair are held exclusively by mae-hair and are not transferred to the Buyer.
2. The Buyer is prohibited from disclosing and/or reproducing, modifying, or making available to third parties any of the documents on which the intellectual property rights and copyrights of mae-hair rest without the express prior written consent of mae-hair. If the Buyer wishes to make changes to goods supplied by mae-hair, mae-hair must give its explicit consent to the proposed changes.
3. The Buyer is prohibited from using the Products that are subject to mae-hair’s intellectual property rights other than as agreed in the Agreement.

Article 19 – Privacy, data processing and security

1. mae-hair will treat the (personal) data of the Buyer and visitors to the website (s) with care. If requested, mae-hair will inform the person concerned.
2. If mae-hair is required under the Agreement to provide security for information, this security will comply with the agreed specifications and a security level that is not unreasonable given the state of the art, the sensitivity of the data, and the costs involved.

Article 20 – Complaints

1. If Buyer is not satisfied with the Products of mae-hair and / or has complaints about the (implementation of the) Agreement, Buyer is obliged to these complaints as soon as possible, but no later than 14 calendar days after the relevant cause that led to the complaint to report. Complaints can be reported via info@mae-hair.com with the subject “Complaint”.
2. The complaint must be sufficiently substantiated and/or explained by the Buyer in order for mae-hair to handle the complaint.
3. mae-hair will respond to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
4. The parties will try to reach a solution together.

Article 21 – Applicable law

1. Each Agreement between mae-hair and Buyer is governed by Dutch law. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
2. In the event of an interpretation of the content and scope of these general terms and conditions, the Dutch text will always prevail. mae-hair has the right to unilaterally amend these General Terms and Conditions.
3. All disputes arising out of or in connection with the Agreement between mae-hair and the Buyer will be settled by the competent court of Amsterdam, location Amsterdam, unless mandatory provisions designate another competent court.