General terms and conditions By Serenity | Salomé/PRO

Email: info@byserenitysalome.com

Website: byserenitysalome.com

 

DEFINITIONS

 1. By Serenity: By Serenity Salomé/PRO, established in Rotterdam, Chamber of Commerce number 85625582.

2. Customer: the person with whom By Serenity has entered into an agreement.

3. Parties: By Serenity and Customer together.

4. Consumer: a Customer who is also an individual and who acts as a private person.

 

 

Article 2 - Applicability

1. These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of By Serenity.

2. By Serenity and the Customer can only deviate from these conditions if this has been agreed in writing.

3. By Serenity and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or others.

 

Article 3 - Prices

1. By Serenity uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.

2. By Serenity may always change the prices of its services and products on its website and in other communications.

3. By Serenity and the Customer agree on a total amount as a target price for services provided by By Serenity, unless otherwise agreed in writing.

4. By Serenity may deviate up to 10% from the target price.

5. By Serenity must inform the Customer in a timely manner why a higher price is justified if the target price is more than 10% higher.

6. The Customer may cancel the part of the order that exceeds the target price (plus 10%) if the target price is more than 10% higher.

7. By Serenity may adjust the prices annually.

8. By Serenity will communicate price adjustments to the Customer prior to their taking effect.

9. A consumer may cancel the agreement with By Serenity if he does not agree with the price increase.

 

Article 4 - Payments and payment term

1. By Serenity may require a down payment of up to 50% of the agreed amount when entering into the agreement.

2. The Customer must make a subsequent payment after delivery.

3. The payment terms used by By Serenity are strict payment terms. This means that if the Customer has not paid the agreed amount no later than the last day of the payment term, he will automatically be in default, without By Serenity having to send a reminder or give notice of default to the Customer.

4. By Serenity may make delivery dependent on immediate payment or require security for the total amount of the services or products.

1. The Customer pays for products directly in the store. 1. The Customer pays for products immediately. 1. The Customer pays for products immediately. 2.

2. By Serenity may require a down payment of up to 50% of the agreed amount when entering into the agreement for a service.

3. The Customer must pay invoices to By Serenity within the invoice date, unless otherwise agreed or a different payment term is stated on the invoice.

4. The payment terms mentioned are strict payment terms. If the Customer has not paid the amount no later than the last day of the payment term, he is automatically in default and in default, without By Serenity having to send the Customer a reminder or notice of default.

5. By Serenity may make delivery subject to immediate payment or require security for the total amount of the service.

 

Article 5 - Right of complaint

1. If the Customer is in default, By Serenity may invoke the right of recovery with regard to the unpaid products delivered to the Customer.

2. By Serenity exercises its right of recovery by means of a written or electronic communication to the Customer.

3. As soon as the Customer has been informed of the invoked right of recovery, the Customer must immediately return the products in question to By Serenity, unless otherwise agreed in writing.

4. The Customer pays the costs for retrieving or returning the products in paragraph 

5. A consumer may cancel an online purchase within 14 days of purchase without giving a reason. This right of withdrawal does not apply if: the product has been used it is a product that can spoil quickly, such as food or flowers it is a product that has been tailor-made or adapted especially for the consumer it is a product that cannot be returned for hygienic reasons , such as underwear and swimwear, the seal is not intact, when it concerns data carriers with digital content such as DVDs or CDs, the product or service concerns accommodation, a trip, a restaurant business, transport, a catering assignment or a form of leisure activity, the product concerns a separate magazine or loose newspaper it concerns an emergency repair it concerns betting or lotteries the consumer has waived his right of withdrawal it concerns a service that is fully performed with the consent of the Customer.

 

Article 6 - Reimbursement of delivery costs

1. 1. If the consumer has revoked his purchase on time and has returned the complete order to By Serenity on time, By Serenity will refund any shipping costs paid by the consumer to the consumer within 14 days of receipt of the fully returned order on time.
2. 2. The costs for delivery will only be borne by By Serenity if the entire order is returned.

 

Article 7 - Reimbursement of return costs

1. 1. If the consumer invokes his right of withdrawal and returns the entire order on time, the Customer will pay the costs.

 

Article 8 - Right of suspension

1. 1. Unless the Customer is a consumer, he hereby waives the right to suspend the fulfillment of any obligation arising from this agreement. 

 

Article 9 - Right of retention

1. 1. By Serenity may exercise its right of retention and in that case retain the Customer's products until the Customer has paid all outstanding Invoices of By Serenity, unless the Customer has provided sufficient security for those costs.
2. 2. The right of retention also applies on the basis of previous agreements as a result of which the Customer still has to pay money to By Serenity.
3. 3. By Serenity is not liable for any damage the Customer suffers due to the use of his right of retention.

 

Article 10 - Settlement

1. 1. Unless the Customer is a consumer, he waives his right to offset a debt to By Serenity against a claim against By Serenity.
2. Article 11 - Retention of title
3. 1. By Serenity remains the owner of all delivered products until the Customer has paid all outstanding invoices from By Serenity relating to an underlying agreement, including claims due to failure to comply.
4. 2. Until that time in paragraph 1, By Serenity can exercise its retention of title and take back the goods.
5. 3. Before ownership has been transferred to the Customer, the Customer may not pledge, sell, dispose of or encumber the products in any other way.
6. 4. If By Serenity makes use of its retention of title, the agreement will be canceled and By Serenity may demand compensation, lost profit and interest from the Customer.

 

Article 12 - Delivery

1. 1. Delivery takes place while stocks last.
2. 2. Delivery takes place at By Serenity, unless otherwise agreed.
3. 3. Delivery of products ordered online will take place at the address specified by the Customer.
4. 4. If the Customer does not pay the agreed amounts or does not pay on time, By Serenity may suspend its obligations until the Customer pays.
5. 5. Late payment constitutes a creditor's default, as a result of which the Customer cannot object to By Serenity for late delivery.

 

Article 13 - Delivery time

1. By Serenity's delivery times are indicative. If delivery is made later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.

2. The delivery time starts when the Customer has fully completed the ordering process and has received confirmation from By Serenity.

3. The Customer will not receive any compensation and may not cancel the agreement if By Serenity delivers later than agreed. The Customer may cancel the agreement if this has been agreed in writing or if By Serenity cannot deliver within 14 days, after being notified in writing or if the Customer and By Serenity have agreed otherwise.

 

Article 14 - Actual delivery

1. The Customer must ensure that the actual delivery of his ordered products can take place on time.

 

Article 15 - Transport costs

1. The Customer pays the costs for transport, unless the Customer and By Serenity have agreed otherwise in writing.

 

Article 16 - Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before receiving the product. If the Customer does not do this, he cannot hold By Serenity liable for any damage.

2. If the Customer arranges the transport of a product himself, he must report any visible damage to products or packaging to By Serenity prior to transport. If the Customer does not do this, he cannot hold By Serenity liable for any damage.

 

Article 17 - Insurance

1. The Customer must adequately insure and keep insured the following items against, among other things, fire, explosion and water damage, and theft: delivered items that are necessary for the execution of the underlying agreement, items from By Serenity that are present at the Customer's, items that are have been delivered under retention of title

2. The Customer will make the policy for these insurances available for inspection upon By Serenity's first request.

 

Article 18 - Custody

1. If the Customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.

2. Any additional costs resulting from premature or late purchase of products will be entirely borne by the Customer.

 

Article 19 - Warranty

1. If the Customer and By Serenity have entered into an agreement with a service provision, this only contains an obligation of efforts for By Serenity and therefore no obligation of result.

2. The warranty on products only applies to defects caused by defective manufacturing or construction or defective materials.

3. The warranty does not apply: - in the case of normal wear and tear - for damage caused by accidents - for damage caused by changes made to the product - for damage due to negligence or improper use by the Customer - when the cause of the defect is not clear can be determined

4. The risk of loss, damage or theft of the products supplied by By Serenity is transferred to the Customer as soon as they are legally or actually delivered, or at least come under the control of the Customer or of a third party who supplies the product for the Customer. receives.

 

Article 20 - Execution of the agreement

1. By Serenity will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

2. By Serenity may have the agreed services carried out in whole or in part by others.

3. The execution of the agreement takes place in consultation and after written agreement and payment of any advance payment by the Customer.

4. The Customer must ensure that By Serenity can start the execution of the agreement on time.

5. If the Customer does not ensure that By Serenity can start on time, the resulting additional costs will be borne by the Customer.

 

Article 21 - Provision of information by the Customer

1. The Customer makes all information, data and documents that are relevant for the correct execution of the agreement available to By Serenity in a timely manner and in the desired form and manner.

2. The Customer guarantees the accuracy and completeness of the information, data and documents made available, even if they originate from third parties, unless otherwise dictated by the nature of the agreement.

3. When and to the extent that the Customer requests this, By Serenity will return the relevant documents.

4. If the Customer does not provide the information, data or documents reasonably required by By Serenity, or does not do so in a timely or proper manner, and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the Customer. .

 

Article 22 - Termination of service for an indefinite period

1. The Customer can cancel an agreement for a service for an indefinite period with a notice period of .

2. A consumer may terminate an agreement for a service for an indefinite period with a notice period of 1 month.

 

Article 23 - Intellectual property

1. By Serenity retains all intellectual property rights to all designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models and models, unless otherwise agreed.

2. The Customer may not show, make available or otherwise use the intellectual property rights in paragraph 1 to others without the prior written permission of By Serenity.

 

Article 24 - Confidentiality

1. The Customer keeps all information, in whatever form, that he receives from By Serenity confidential.

2. The same applies to all other information regarding By Serenity of which the Customer knows or can reasonably suspect that it is secret or confidential, or of which he can expect that its distribution could cause damage to BySerenity.

3. The Customer will take all necessary measures to ensure that it keeps the information in paragraphs 1 and 2 confidential.

4. The confidentiality obligation described in this article does not apply to information: that was already public before the Customer learned this information or that subsequently became public without this being the result of a violation of the Customer's confidentiality obligation that was made public by the Customer is based on a legal obligation

5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.

 

Article 25 - Penalty clause

1. If the Customer violates the article on confidentiality or intellectual property, he must pay By Serenity an immediately payable fine for each violation.

2. If the Customer is a consumer, the fine in paragraph 1 is € 1,000.

3. If the Customer is not a consumer, the fine in paragraph 1 is €5,000

4. In addition, the Customer must pay an amount of 5% of the applicable amount in paragraph 2 or 3 for each day that the violation continues.

5. The Customer must pay the fine in paragraph 1 without the need for notice of default or legal proceedings. There also does not have to be any damage.

6. In addition to the fine in paragraph 1, By Serenity may also demand compensation from the Customer.

 

Article 26 - Indemnification

1. The Customer indemnifies By Serenity against all claims from others related to the products and/or services supplied by By Serenity.

 

Article 27 - Complaints

1. The Customer must examine a product or service provided by By Serenity as quickly as possible for any shortcomings.

2. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform By Serenity of this within 1 month after determining the shortcoming.

3. A consumer must inform By Serenity of this within 2 months of discovering the shortcoming.

4. The Customer provides as detailed a description as possible of the shortcoming, so that By Serenity can respond appropriately.

5. The Customer must demonstrate that the complaint relates to an agreement between the Customer and By Serenity.

6. If a complaint concerns ongoing work, the Customer cannot demand that By Serenity perform other work than agreed.

 

Article 28 - Notice of default

1. The Customer must notify By Serenity of any notice of default in writing. 2. The Customer is responsible for ensuring that his notice of default actually reaches By Serenity on time.

Article 29 - Customer Liability

1. When By Serenity enters into an agreement with multiple Customers, each of them is jointly and severally liable for complying with the agreements in that agreement.

 

Article 30 - Liability By Serenity

1. By Serenity is only liable for damage suffered by the Customer if that damage is caused by intent or deliberate recklessness.

2. If By Serenity is liable for damage, this only applies to direct damage related to the execution of an underlying agreement.

3. By Serenity is not liable for indirect damage, such as consequential damage, lost profits or damage to third parties.

4. If By Serenity is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance policy. If no insurance has been taken out or no damage amount is paid out, liability is limited to (part of the) invoice amount to which the liability relates.

5. All images, photos, colors, drawings, descriptions on the website or in a catalog are indicative only and cannot lead to any compensation, dissolution or suspension.

 

Article 31 - Expiry period

1. Any right of the Customer to compensation from By Serenity expires 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

 

Article 32 - Dissolution

1. The Customer may cancel the agreement if By Serenity attributably fails to fulfill its obligations, unless this failure does not justify termination due to its special nature or minor significance.

2. If By Serenity is still able to fulfill its obligations, dissolution can only take place after By Serenity is in default.

3. By Serenity may cancel the agreement with the Customer if the Customer does not fully or timely fulfill its obligations under the agreement, or when By Serenity has become aware of circumstances that give it good grounds to assume that the Customer will not fulfill its obligations.

 

Article 33 - Force majeure

1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of By Serenity by the Customer cannot be attributed to By Serenity in the event of force majeure.

2. The force majeure situation in paragraph 1 also includes: - a state of emergency such as a civil war or natural disaster - default or force majeure of suppliers, delivery persons or others - power, electricity, internet, computer or telecom disruptions - computer viruses - strikes - government measures - transport problems - bad weather conditions - work stoppages

3. If a force majeure situation occurs as a result of which By Serenity cannot fulfill 1 or more obligations to the Customer, those obligations will be suspended until By Serenity can fulfill them.

4. From the moment that a force majeure situation has lasted at least 30 calendar days, both the Customer and By Serenity may cancel the agreement in whole or in part in writing.

5. By Serenity does not have to pay compensation to the Customer in a force majeure situation, even if By Serenity benefits from this.

 

Article 34 - Changes to agreement

1. If it is necessary to change a concluded agreement for its implementation, the Customer and By Serenity can adjust the agreement. This does not apply to products that the Customer has purchased in a physical store.

 

Article 35 - Changes to general terms and conditions

1. By Serenity may change these general terms and conditions.

2. By Serenity may always make changes of minor importance.

3. By Serenity will discuss major changes with the Customer in advance as much as possible.

4. A consumer may terminate the underlying agreement in the event of a major change to the general terms and conditions.

 

Article 36 - Transfer of rights

1. The Customer cannot transfer any rights under an agreement with By Serenity to others without written permission from By Serenity.

2. This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.

 

Article 37 - Consequences of nullity or voidability

1. If 1 or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.

2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what By Serenity had in mind on that point when drawing up the conditions.

 

Article 38 - Applicable law and competent court

1. Dutch law applies to these general terms and conditions and any underlying agreement between the Customer and By Serenity.

2. The court in the district where By Serenity is established has exclusive jurisdiction to hear any disputes between the Customer and By Serenity, unless the law provides otherwise.

 

Composed on April 7, 2024.