DECLARACIÓN DE VENTAS
Informatie je klanten hier over hoe je hun persoonlijke informatie gebruikt, opslaat en beschermt. Detalles de voz, zoals hoe bankieren van derden gebruikt wordt om de betaling te verifiëren, de manier waarop je gegevens verzamelt of wanneer je contact opneemt met klanten nadat hun aankoop is voltooid.
La privacidad de je klanten es van groot belang voor je bedrijf. Neem dus de tijd om een gedetailleerd beleid te schrijven. ¡Gebruik duidelijke taal om hun vertrouwen te winnen en ervoor te zorgen dat ze blijven terugkomen !
Article 2 - Applicability
2.1. These terms and conditions apply to all quotes, invoices, offers, agreements, and the resulting work that Miss Ponytails carries out for the customer.
2.2. These terms and conditions also apply to third parties engaged by Miss Ponytails to execute the agreement.
2.3. Miss Ponytails reserves the right to modify these terms and conditions unilaterally. In this case, Miss Ponytails will send the updated terms to the customer, and the most recent version will apply. If the new version contains significant changes that are detrimental to the customer, the customer has the right to terminate the agreement.
2.4. Any general (purchase) terms and conditions of the customer are explicitly rejected.
2.5. If any provisions of these terms and conditions are found to be partially or entirely void or invalid, the remaining provisions will remain fully applicable.
Article 3 - Offer
3.1. If the customer is logged in, products placed in the shopping cart are reserved for two weeks. If the customer is not logged in, the reservation period is 24 hours.
3.2. By placing an order, the customer agrees to these terms and conditions. The customer must check a box confirming they have read and understood the terms before completing the order.
3.3. The images of the products on the website are as accurate as possible. If an offer includes an additional description, it is sufficient for the customer to assess the offer. Since hair extensions and ponytails may be made from human hair, product colors may vary from the images. The customer cannot claim rights based on the images or descriptions provided.
3.4. Miss Ponytails cannot be held to any offer if the customer reasonably should have understood that the offer contains a manifest mistake or typographical error.
3.5. When the agreement is made through the webshop, Miss Ponytails ensures appropriate security measures for electronic payments. Miss Ponytails also ensures a secure website and electronic data transfer.
Article 4 - Rates and Payments
4.1. An agreement is concluded for a fixed period, unless otherwise agreed.
4.2. The prices stated in the agreement include VAT and shipping costs, unless otherwise agreed.
4.3. For purchases made through the webshop, Miss Ponytails ensures that the customer has the option to pay at least half of the total amount after the purchase.
4.4. The prices communicated by Miss Ponytails when entering into the agreement are based on the prevailing price at that time. If circumstances necessitate, Miss Ponytails reserves the right to change prices. If prices increase within three months, the customer has the right to terminate the agreement.
4.5. If the customer chooses to pay after receiving the product, invoices must be paid within 14 calendar days of the invoice date, unless otherwise agreed or a different payment term is specified on the invoice.
4.6. The customer will be in default automatically if they fail to meet the payment obligations within the stipulated period. From the moment of default, the customer will owe statutory interest until the invoice is paid in full.
4.7. If the customer is in default, all reasonable costs incurred by Miss Ponytails to collect the debt will be at the customer's expense.
4.8. If the customer is in liquidation, bankruptcy, or debt rescheduling proceedings, all debts owed to Miss Ponytails become immediately due and payable.
Article 5 - Provision of Information
5.1. The customer must provide all necessary information, including shipping details, in a timely manner for the execution of the agreement.
5.2. The customer is responsible for the accuracy, completeness, and reliability of the information provided, including information supplied by third parties.
5.3. Miss Ponytails will handle the customer's data confidentially.
5.4. If the customer provides incorrect or incomplete information, or fails to provide information in a timely manner, leading to delays or the inability to execute the agreement, any additional costs incurred will be the responsibility of the customer.
5.5. The customer indemnifies Miss Ponytails against any damages arising from a failure to comply with the obligations of this article.
Article 6 - Execution of the Agreement
6.1. Miss Ponytails will execute the agreement to the best of its knowledge and ability. Miss Ponytails is not liable for not achieving the results the customer intended.
6.2. Miss Ponytails reserves the right to involve third parties in executing the agreed tasks.
6.3. Miss Ponytails will not carry out assignments that violate the law or are inconsistent with its professional standards.
Article 7 - Right of Withdrawal
7.1. If the customer purchases a product remotely, the customer has a cooling-off period of 14 calendar days.
7.2. The cooling-off period begins on the day the customer receives the product or, in the case of multiple deliveries, when the last product is received or accepted by a designated third party.
7.3. If the customer exercises the right of withdrawal, Miss Ponytails may ask for the reason for the cancellation, although the customer is not obliged to provide one.
7.4. The right of withdrawal does not apply to products sealed for hygienic reasons (such as hair extensions and ponytails) if the seal has been broken by the customer.
Article 8 - Obligations During Cooling-Off Period
8.1. The customer must handle the products and packaging carefully during the cooling-off period. The product should only be unpacked or used to the extent necessary to assess whether the customer wants to keep it. It should be inspected as would be allowed in a physical store.
8.2. If a product is damaged or used, and the customer exercises the right of withdrawal, Miss Ponytails is entitled to charge the depreciation resulting from this damage or wear.
8.3. When the customer exercises the right of withdrawal and returns the product, Miss Ponytails will send an acknowledgment of receipt once the company is notified of the withdrawal.
8.4. Once Miss Ponytails receives the returned product and if the customer has already paid for the product, Miss Ponytails will refund the amount within 14 days of the withdrawal. This refund will be made via the payment method the customer used unless agreed otherwise. Shipping costs for the return will only be refunded if the customer returns the entire order.
Article 9 - Implementation of Withdrawal
9.1. If the customer wishes to exercise the right of withdrawal, they can use the model form provided by Miss Ponytails on its website. However, using this form is not mandatory to exercise the right of withdrawal.
9.2. After notifying Miss Ponytails of their intention to withdraw, the customer has 30 calendar days to return the product.
9.3. The customer bears the risk of loss or damage during the return shipment. The customer is responsible for providing proof that the product was returned, such as a shipping receipt from the courier.
9.4. The costs of returning the product are borne by the customer.
Article 10 - Force Majeure
10.1. Force majeure is understood to mean any circumstance that prevents the execution of the agreement and is beyond the control of Miss Ponytails. Examples include illness, accidents, fire, pandemics, epidemics, or government measures. The above list is not exhaustive.
10.2. In the event of force majeure or other circumstances preventing the execution of the agreement, the obligations are suspended as long as the parties cannot fulfill them. The parties will seek a suitable solution. Both parties have the right to terminate the agreement without obligation if no solution is found. Costs incurred up to that point and worked hours are immediately payable.
10.3. If the customer wishes to postpone the work due to a pandemic or epidemic, despite government measures not preventing continuation (with or without modification), Miss Ponytails has the right to charge the associated costs.
Article 11 - Liability
11.1. Miss Ponytails is not liable for damages arising from the agreement unless such damage is caused by intent or gross negligence.
11.2. Miss Ponytails is not responsible for damage resulting from work carried out based on incorrect or incomplete information provided by the customer or on behalf of the customer.
11.3. Miss Ponytails is not liable for actions or deeds of third parties or suppliers.
11.4. If the customer does not handle the product carefully after delivery or uses it improperly, Miss Ponytails is not responsible for defects arising from such actions. This also applies if defects arise because the customer or a third party has made changes to the product. Additionally, Miss Ponytails is not liable for any consequential damage resulting from such defects.
11.5. The customer is responsible for checking the materials of a product for potential allergies. Miss Ponytails is not liable for any allergic reactions or consequences resulting from the use of a product.
11.6. The customer is responsible for applying and following advice, such as guidance on the maintenance of hair extensions.
11.7. The customer is responsible for properly storing and preserving the product. Products may be made from natural materials, such as human hair, and must be stored in a dry place to prevent defects and wear. If the customer does not follow storage or usage advice, Miss Ponytails is not liable for any (consequential) damage.
11.8. If Miss Ponytails owes compensation for direct damage, the compensation will not exceed twice the agreed price in the contract, unless fairness dictates otherwise.
11.9. The customer indemnifies Miss Ponytails against any claims by third parties arising from the work performed or to be performed by Miss Ponytails.
Article 12 - Product Liability
12.1. In addition to Article 11, the following provisions apply regarding product liability in consumer sales, as determined by law. Miss Ponytails is liable for damage caused by a defect in its product, but this liability is limited to the following cases: bodily injury, damage resulting in death, and damage to another item intended for and used in the private sphere, caused by the product, if the damage exceeds 500 euros.
12.2. A product is considered defective if it does not meet the safety requirements expected of the product. The safety is assessed by considering its presentation, the reasonably expected use, and the time of its release to the market. If a better product is available on the market, Miss Ponytails' product cannot be considered defective solely for that reason.
12.3. If the customer suffers damage as described in section 1, they must prove the damage, the defect, and the causal relationship between the defect and the damage.
12.4. Miss Ponytails is not liable if one or more of the following legal exceptions apply:
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Miss Ponytails did not place the product on the market;
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It is not likely that the defect that caused the damage existed at the time Miss Ponytails placed the product on the market. This also applies if it is likely that the defect occurred later. The circumstances must be taken into account.
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Miss Ponytails did not produce the product for sale or any other economic purpose, and it was not introduced into the market commercially.
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The defect was caused because the product was made in accordance with mandatory government regulations.
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Based on the scientific and technical knowledge available at the time of release, the defect could not have been discovered.
12.5. If the damage results from both the product defect and the customer's own fault, Miss Ponytails’ liability is reduced or eliminated. However, this does not apply if the damage is due to both the defect and an act of a third party.
12.6. Notwithstanding Article 19.4, the time limit for filing a compensation claim under this article is three years. This period starts the day after the customer knows or should have known about the damage, the defect, and the identity of Miss Ponytails. The right to compensation expires after ten years. This period begins the day after Miss Ponytails placed the damage-causing product on the market.
Article 13 - Intellectual Property
13.1. All photos, descriptions, and advice placed by Miss Ponytails are subject to intellectual property rights, which remain with Miss Ponytails. The customer is not permitted to reproduce, publish, sell, disclose, or deliver photos, descriptions, or advice to third parties outside the granted license unless otherwise agreed.
13.2. If the customer violates the provisions of this article, it will be considered an infringement of Miss Ponytails' intellectual property rights. An infringement results in an immediately payable compensation. This compensation amounts to three times the standard licensing fee, without Miss Ponytails losing any right to compensation for other damages suffered. The compensation will be communicated to the customer through a demand letter.
13.3. The ownership of a delivered product passes to the customer only after the customer has paid the full agreed price to Miss Ponytails.
Article 14 - Delivery
14.1. For sending a product, Miss Ponytails relies on the information provided by the customer. If the customer has provided an incorrect delivery address, Miss Ponytails is not liable for any damage or loss of the ordered product.
14.2. Miss Ponytails ships products to delivery addresses in the Netherlands and Belgium, unless otherwise agreed.
14.3. Delivery is made via a postal or parcel service. After shipment, the customer will receive a ‘track and trace’ code from the carrier to track the package and delivery date.
14.4. Products will be shipped within 3 business days from the date of the order, unless another delivery time has been agreed, the order contains a pre-order, a product is out of stock, or part of the payment is missing.
14.5. If Miss Ponytails cannot deliver a product within the specified period, Miss Ponytails will inform the customer. The customer must then give Miss Ponytails a reasonable period to fulfill the order. If Miss Ponytails still cannot deliver within this period, the customer is entitled to terminate the agreement.
Article 15 - Special Provisions
15.1. Both parties are obliged to keep all confidential information obtained in the context of the agreement confidential. Information is considered confidential if it has been communicated as such or if the nature of the information suggests confidentiality.
Article 16 - Promotions and Offers
16.1. If there is a promotion or offer, such as a discount code, and the term of the promotion or offer set by Miss Ponytails has expired, the customer cannot use it retroactively.
16.2. The customer may only use an active discount code once.
16.3. It is not possible to combine multiple promotions or offers unless otherwise agreed.
Article 17 - Complaints
17.1. If the customer has a complaint, they must submit it in writing, with motivation, within 2 calendar months of the occurrence of the complaint. Miss Ponytails will respond in writing within 14 calendar days of receiving the complaint.
17.2. Submitting a complaint does not suspend the obligation to pay.
17.3. If a product is damaged upon receipt, the customer must report this within 7 calendar days of receipt so that Miss Ponytails can repair the defect.
17.4. If the customer has a complaint, they can submit it through the EU ODR platform. However, the customer is not obligated to do so and can directly contact Miss Ponytails to make the complaint known.
Article 18 - Warranty
18.1. Miss Ponytails guarantees that products ordered by the customer meet the agreement and the reasonable quality standards for normal use.
18.2. The customer has the right to statutory warranty.
18.3. If defects occur during the statutory warranty period, they will only be repaired if the defects arose because the product was defective and did not meet the requirements for normal use.
18.4. Some products are made from natural materials with inherent properties. Materials may discolor or wear out. This is not covered by the warranty if it is a known characteristic of a certain material.
18.5. The customer can claim warranty in writing. A copy of the purchase receipt must be provided, and the returned products must always be complete. If the parties agree, a photo of the damaged product will suffice.
Article 19 - Dispute Resolution
19.1. These terms and conditions are governed by Dutch law.
19.2. If a dispute arises between the parties, they will first attempt to resolve it amicably. The parties will only resort to the court if this is unsuccessful.
19.3. Disputes between the parties will be submitted to the competent court in the district where Miss Ponytails is located, unless the law dictates otherwise.
19.4. Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses against Miss Ponytails and third parties is 12 months.