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Home General Terms & Conditions

General Terms and Conditions

Article 1. Applicability of these conditions

These conditions apply to every offer and every agreement between Pharma Hermetic BeNeLux, hereinafter referred to as Polo Cosmetics B.V., and a buyer, to which Polo Cosmetics B.V. has declared these conditions applicable, insofar as these conditions have not been deviated from explicitly by the parties.

Article 2. Quotations

The quotations made by Polo Cosmetics B.V. are without obligation and valid for 30 days, unless otherwise indicated. The prices stated in a quotation are exclusive of VAT unless otherwise indicated.

Article 3. Delivery

  1. Unless otherwise agreed, delivery is Franco at the buyer’s location.
  2. The buyer is obliged to accept the purchased goods at the time they are delivered to him or made available to him according to the agreement. If the buyer refuses to accept the goods or is negligent in providing information or instructions necessary for delivery, the goods will be stored at the buyer’s risk. In that case, the buyer will be liable for all additional costs, including storage costs.
  3. Webshop deliveries. Products purchased through the webshop will be shipped sealed (security seal). If the seal is broken, the product cannot be returned.

Article 4. Delivery Time

An agreed delivery time is not a strict deadline unless expressly agreed otherwise. In case of non-timely delivery, the buyer must notify Polo Cosmetics B.V. in writing to be in default.

Article 5. Partial Deliveries

Polo Cosmetics B.V. is allowed to deliver sold goods in parts. This does not apply if a partial delivery has no independent value. If the goods are delivered in parts, Polo Cosmetics B.V. is authorized to invoice each part separately.

Article 6. Technical Requirements, etc.

If the goods to be delivered in the Netherlands are intended to be used outside the Netherlands, Polo Cosmetics B.V. is responsible for ensuring that the goods comply with the technical requirements or standards imposed by laws or regulations of the country where the goods are to be used, provided that it has been notified at the time of purchase. All other technical requirements that the buyer imposes on the goods to be delivered, which deviate from normal requirements, must be expressly communicated by the buyer at the time of conclusion of the purchase agreement.

Article 7. Samples, Models, and Examples

If Polo Cosmetics B.V. has shown or provided a model, sample, or example, this is presumed to have been shown or provided as an indication only: the qualities of the goods to be delivered may differ from the model, sample, or example, unless expressly stated that the goods will be delivered conforming to the shown or provided model, sample, or example.

Article 8. Confidentiality

Both parties are obliged to maintain confidentiality of all confidential information they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if it has been communicated as such by the other party or if it arises from the nature of the information.

Article 9. Intellectual Property

  1. Without prejudice to the provisions in Article 8 (Confidentiality) of these conditions, Polo Cosmetics B.V. retains the rights and powers vested in her under the Copyright Act.
  2. All documents provided by Polo Cosmetics B.V., such as reports, advice, designs, sketches, drawings, software, are intended solely for use by the buyer and may not be reproduced, made public, or disclosed to third parties by him without prior consent from Polo Cosmetics B.V.

Article 10. Patent

It is prohibited for the buyer to use the name Polo Cosmetics B.V. as part of its trade name. 1. It is prohibited for the buyer to remove or change any attached trademark, symbol, number, or other indication, for example, with regard to patents.

Article 11. Changes to the Delivered Goods

Polo Cosmetics B.V. is authorized to deliver goods that deviate from what has been agreed if it concerns changes in the goods to be delivered, the packaging, or accompanying documentation that are required to comply with applicable legal regulations, or if they are minor changes that represent an improvement.

Article 12. Termination of the Agreement

  1. Polo Cosmetics B.V.’s claims against the buyer are immediately due and payable in the following cases:
  • if circumstances become known to Polo Cosmetics B.V. after the conclusion of the agreement that give Polo Cosmetics B.V. good reason to fear that the buyer will not fulfill its obligations;
  • if Polo Cosmetics B.V. has asked the buyer to provide security for compliance at the time of concluding the agreement, and this security is not provided or is insufficient. In the aforementioned cases, Polo Cosmetics B.V. is authorized to suspend further execution of the agreement or to dissolve the agreement, without prejudice to the right of Polo Cosmetics B.V. to claim compensation for damages.
  1. If circumstances arise with regard to persons and/or materials that Polo Cosmetics B.V. uses or is accustomed to using in the execution of the agreement, which are of such a nature that the execution of the agreement becomes impossible or so burdensome and/or disproportionately costly that compliance with the agreement can no longer be reasonably expected, Polo Cosmetics B.V. is authorized to dissolve the agreement.

Article 13. Warranty

  1. Polo Cosmetics B.V. guarantees that the goods sold by her are free from design, material, and manufacturing defects for a period of 2 months after delivery.
  2. If the warranty mentioned in paragraph 1 applies and the goods have a defect, Polo Cosmetics B.V. is obliged to repair the goods within 30 days after the buyer has reported the defect.
  3. Polo Cosmetics B.V. may choose to replace the goods if repair is not feasible.
  4. The buyer can only demand replacement of the goods or dissolution of the purchase agreement if:
  • Polo Cosmetics B.V. has attempted to repair the same defect twice, and these attempts have been unsuccessful, and the defect is serious enough to justify replacement or dissolution, or
  • if the buyer demonstrates that the goods have so many defects or have had so many defects that they do not conform to the agreement and that these defects justify replacement or dissolution.
  1. The warranty is void if the buyer caused the damage through incorrect treatment of a guaranteed item. Incorrect treatment includes, among other things, deviating from instructions regarding storage and use.
  2. The buyer must demonstrate that the goods exhibit a defect covered by this warranty within the warranty period. The warranty is void if the type or serial number of an item has been removed or altered.

Article 14. Retention of Title

  1. The goods delivered by Polo Cosmetics B.V. remain the property of Polo Cosmetics B.V. until the buyer has fulfilled all subsequent obligations from all purchase agreements concluded with Polo Cosmetics B.V.:
  • the consideration(s) with regard to the delivered or to be delivered item/items themselves,
  • any claims due to non-performance by the buyer of (a) purchase agreement(s).
  1. Goods delivered by Polo Cosmetics B.V., which fall under the retention of title pursuant to paragraph 1, may only be resold in the context of normal business operations. The buyer is not authorized to pledge the goods or establish any other right on them.
  2. For delivered goods that have passed into the ownership of the buyer due to payment, and are still in the possession of the buyer, Polo Cosmetics B.V. reserves the rights of pledge referred to in art. 3: 237 Dutch Civil Code, as additional security for claims other than those mentioned in paragraph 1 of this article, that Polo Cosmetics B.V. may have against the buyer for whatever reason. The right of pledge described in this paragraph also applies to goods delivered by Polo Cosmetics B.V. which the buyer has processed or processed, thereby losing Polo Cosmetics B.V.’s right of retention.
  3. If the buyer fails to fulfill its obligations or there is reasonable fear that it will not do so, Polo Cosmetics B.V. is authorized to remove or have removed goods delivered under retention of title from the buyer or third parties holding the goods for the buyer. The buyer is obliged to cooperate fully in this, subject to a penalty of 10% of the amount owed by him per day.
  4. If third parties wish to establish or enforce any right on the goods delivered under retention of title, the buyer is obliged to notify Polo Cosmetics B.V. as soon as can reasonably be expected.
  5. At the first request of Polo Cosmetics B.V., the buyer must:
  • insure and keep insured the goods delivered under retention of title against damage caused by fire, explosion, and water and against theft and provide Polo Cosmetics B.V. with the policy of this insurance for inspection;
  • pledge to Polo Cosmetics B.V. the claims that the buyer acquires from its customers as a result of the resale of goods delivered under retention of title in the manner prescribed by art. 3: 239 Dutch Civil Code;
  • pledge to Polo Cosmetics B.V. the claims that the buyer acquires from its customers as a result of the resale of goods delivered under retention of title in the manner prescribed by art. 3: 239 Dutch Civil Code;
  • mark the goods delivered under retention of title as the property of Polo Cosmetics B.V.;
  • cooperate in any other way with all reasonable measures that Polo Cosmetics B.V. wishes to take to protect its property rights regarding the goods, and which do not unreasonably hinder the buyer in the normal conduct of its business.

Article 15. Defects; Complaint Periods

  1. The buyer must examine the purchased goods upon delivery or as soon as possible afterward. The buyer must ascertain whether the delivered goods meet the agreement, namely:
  • whether the correct goods have been delivered;
  • whether the quantity of the delivered goods (e.g., the number and amount) corresponds to what was agreed;
  • whether the delivered goods meet the agreed quality requirements or, if no specific requirements were agreed, whether they meet the requirements that can be imposed for normal use and/or commercial purposes.
  1. Visible defects or shortages must be reported in writing to Polo Cosmetics B.V. within 14 days after delivery.
  2. Non-visible defects must be reported to Polo Cosmetics B.V. in writing within 14 days after discovery but no later than 60 days after delivery.

Article 16. Price Increase

  1. If Polo Cosmetics B.V. has agreed on a specific price with the buyer, Polo Cosmetics B.V. is nevertheless entitled to increase the price. Polo Cosmetics B.V. may charge the price in accordance with its price list applicable at the time of delivery. If the price increase exceeds 8%, the buyer has the right to dissolve the agreement.
  2. If a price increase takes place during the first three months after the conclusion of the agreement, the buyer has the right to dissolve the agreement regardless of the percentage of the increase.

Article 17. Payment

  1. Payment must be made within, by direct debit authorization, but no later than 8 days after the invoice date, by transfer of the amount due to the account of Polo Cosmetics B.V. in Almelo. After 8 days from the invoice date, the buyer is in default; the buyer is obliged to pay interest at a rate of 13% per annum on the amount due from the date of default until the moment of payment in full.
  2. Payments made by the buyer always serve to settle all interest and costs owed, and subsequently, the due and payable invoices that have been outstanding the longest, even if the buyer states that the payment relates to a later invoice.

Article 18. Collection Costs

If the buyer is in default or fails to fulfill one or more of its obligations, then all reasonable costs incurred in obtaining extrajudicial settlement will be borne by the buyer. If the buyer is in default in the timely fulfillment of its obligations, then the buyer will also owe an immediately due and payable fine of 15% of the amount owed. This with a minimum of € 150.00.

Article 19. Liability

  1. If Polo Cosmetics B.V. is liable, then this liability is limited to what is regulated in this provision.
  2. Polo Cosmetics B.V. is not liable for damage of any nature whatsoever caused because Polo Cosmetics B.V. relied on incorrect and/or incomplete information provided by the buyer unless this inaccuracy or incompleteness should have been known to Polo Cosmetics B.V.
  3. If Polo Cosmetics B.V. is liable for any damage, then Polo Cosmetics B.V.’s liability is limited to a maximum of twice the invoice value of the order, at least that part of the order to which the liability relates.

Article 20. Force Majeure

  1. In addition to what is understood in law and jurisprudence, in these conditions, force majeure is understood to mean all external causes, foreseen or not foreseen, which Polo Cosmetics B.V. cannot influence but which prevent Polo Cosmetics B.V. from fulfilling its obligations.
  2. Polo Cosmetics B.V. also has the right to invoke force majeure if the circumstance rendering (further) fulfillment of the agreement impossible occurs after Polo Cosmetics B.V. should have fulfilled its obligation.
  3. During the period of force majeure, the parties can suspend the obligations arising from the agreement. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement without any obligation to pay damages to the other party.
  4. Insofar Polo Cosmetics B.V. has partially fulfilled its obligations under the agreement or will be able to fulfill them at the time of the occurrence of force majeure, and the fulfilled or to be fulfilled part has independent value, Polo Cosmetics B.V. is entitled to separately invoice the fulfilled or to be fulfilled part. The buyer is obliged to pay this invoice as if it were a separate agreement.

Article 21. Applicable Law and Competent Court

  1. All legal relationships to which Polo Cosmetics B.V. is a party are exclusively governed by Dutch law, even if an obligation is wholly or partly fulfilled abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
  2. The court in the place of establishment of Polo Cosmetics B.V. has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise. Nevertheless, Polo Cosmetics B.V. has the right to submit the dispute to the competent court according to the law.

Please note that this translation is based on the assumption that the original text is in Dutch, and the translation may not be perfect due to the complexities of language translation. If there are any specific parts of the text that you are unsure about or if you need further clarification, please let me know.

Article 22. Amendment of the General Terms and Conditions

  1. Polo Cosmetics B.V. is entitled to amend or supplement these General Terms and Conditions.
  2. Changes also apply to agreements already concluded with due observance of a period of 30 days after written notice of the change to the buyer, unless the buyer objects to the change within 14 days of receipt of the notification. In the event of an objection, Polo Cosmetics B.V. is entitled to dissolve the agreement unilaterally.
  3. Changes to these terms and conditions do not apply retroactively.

Article 23. Privacy

  1. Polo Cosmetics B.V. processes personal data of the buyer in accordance with the applicable privacy laws and regulations. The buyer can find more information about this in the privacy statement on the website of Polo Cosmetics B.V.

Article 24. Other Provisions

  1. In addition to these General Terms and Conditions, Polo Cosmetics B.V. may apply additional specific terms and conditions to certain goods or services if these are of a temporary nature. These additional terms and conditions will be provided in writing or electronically by Polo Cosmetics B.V. before the conclusion of the agreement.

Article 25. Depositing

These General Terms and Conditions have been deposited with the District Court of Almelo under number 10/2006.

Polo Cosmetics B.V. Gerard Doustraat 4 7606 GB Almelo The Netherlands

T: +31 (0)546-569917 E: info@polocosmetics.com W: www.polocosmetics.com VAT (BTW): 0062.62.296.B01 IBAN: NL92RABO 0129 0604 88 Chamber of Commerce (KvK): 08.05.81.44

 

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