Article 1 - Definitions
1. In these general terms and conditions, the following terms are used with the following meaning, unless expressly stated otherwise:
2. Offer: Any written offer made to Buyer for the delivery of Products by Seller to which these terms and conditions are inextricably linked.
3. Buyer: The natural person who does not act in the capacity of a profession or business, entering into a (remote) Agreement with Seller.
4. Agreement: The (remote) purchase agreement that encompasses the sale and delivery of Products purchased by the Buyer from Curlygirlmovement.
5. Products: The Products offered by Curlygirlmovement are hair products specifically for curly hair.
6. Seller: The supplier of Products to the Buyer, hereinafter: Curlygirlmovement.
Article 2 - Applicability
1. These general terms and conditions apply to every Offer of Curlygirlmovement and every Agreement between Curlygirlmovement and a Buyer and every Product offered by Curlygirlmovement.
2. Before a (remote) Agreement is concluded, the Buyer will be provided with these general terms and conditions. If this is not reasonably possible, Curlygirlmovement will indicate to Buyer how Buyer can view the general terms and conditions, which are in any case published on the Curlygirlmovement website, so that Buyer can easily store these general terms and conditions on a durable data carrier.
3. In exceptional situations, it is possible to deviate from these general terms and conditions if this has been explicitly agreed in writing with Curlygirlmovement.
4. These general terms and conditions also apply to additional, amended, and follow-up agreements with the Buyer. Any general and/or purchase 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/ 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 that are not
regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
7. If reference is made to she/her in these general terms and conditions, this should also be understood as a reference to he/him/his, if and insofar as applicable.
Article 3 - The Offer
1. All offers made by Curlygirlmovement are without obligation unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. An Offer only exists if it has been laid down in writing.
2. The Offer made by Curlygirlmovement is without obligation. Curlygirlmovement is only bound by the Offer if Buyer's acceptance thereof is confirmed in writing within 30 days or if Buyer has already paid the amount due. Nevertheless, Curlygirlmovement has the right to refuse an Agreement with a potential Buyer for any reason deemed valid by Curlygirlmovement.
3. The Offer contains an accurate description of the offered Product with associated prices. The description is detailed in such a way that the Buyer can make a proper assessment of the Offer. Apparent mistakes or errors in the Offer cannot bind Curlygirlmovement. Any images and specific data in the Offer are only an indication and cannot be grounds for any compensation or dissolution of the (remote) Agreement. Curlygirlmovement cannot guarantee that the colors in the image correspond exactly to the actual colors of the Product.
4. Delivery Times and Terms stated in the Curlygirlmovement Offer are indicative and do not entitle Buyer to dissolution or compensation if they are exceeded unless expressly agreed otherwise.
5. A composite quotation does not oblige Curlygirlmovement to deliver part of the goods included in the promotion or Offer at a fraction of the stated price.
6. If and insofar as there is a promotion, this does not automatically apply to repeat orders. Promotions are only valid until stocks last, and according to the while-supplies-last principle.
Article 4 - Conclusion of the Agreement
1. The Agreement is concluded at the moment that the Buyer has accepted an Offer from Curlygirlmovement by paying for the relevant Product.
2. Curlygirlmovement can make an Offer via the website.
3. If the Buyer has accepted the Offer by concluding an Agreement with Curlygirlmovement, Curlygirlmovement will confirm the Agreement with the Buyer in writing, in any case by e-mail.
4. If the acceptance (on minor points) deviates from the Offer, Curlygirlmovement will not be bound by it.
5. Curlygirlmovement will not be bound by an Offer if the Buyer could reasonably have expected or should have understood that the Offer contains an obvious mistake or error. The Buyer cannot derive any rights from this mistake or error.
6. The Buyer has the right to exercise their right of withdrawal within the legal term. In the case of withdrawal, the Buyer will handle the Product and the packaging with care. They will only unpack or use the Product to the extent necessary to determine the nature, characteristics, and functioning of the Product. The Buyer bears the direct costs for returning the Product. If the Product has been opened, the Product may not be returned.
Article 5 - Execution of the Agreement
1.Curlygirlmovement will execute the Agreement to the best of her knowledge and ability.
2. If and insofar as required for the proper execution of the Agreement,
Curlygirlmovement has the right to have certain activities performed by third parties at her own discretion.
3. The Buyer shall ensure that all information, which Curlygirlmovement indicates is necessary or which the Buyer should reasonably understand to be necessary for the execution of the Agreement, is provided to Curlygirlmovement in a timely manner. If the information required for the execution of the Agreement has not been provided to Curlygirlmovement in time, Curlygirlmovement has the right to suspend the execution of the Agreement.
4. In the execution of the Agreement, Curlygirlmovement is not obliged to follow the directions of the Buyer if this changes the content or scope of the Agreement. If the directions result in additional work for Curlygirlmovement, the Buyer is obliged to reimburse the additional costs accordingly.
5. Before proceeding with the execution of the Agreement, Curlygirlmovement may require security from the Buyer or full payment in advance.
6. Curlygirlmovement is not liable for damage of whatever nature that has arisen because Curlygirlmovement has assumed incorrect and/or incomplete information provided by the Buyer unless this inaccuracy or incompleteness was known to Curlygirlmovement.
7. Buyer indemnifies Curlygirlmovement against any claims from third parties who suffer damage in connection with the execution of the Agreement and which are attributable to the Buyer.
Article 6 - Delivery
1. If the commencement, progress, or delivery of the Agreement is delayed because, for example, the Buyer has not supplied all the requested information or has not provided it on time, does not provide sufficient cooperation, the payment or deposit has not been received in time by Curlygirlmovement, or any delay occurs due to other circumstances beyond Curlygirlmovement's power, Curlygirlmovement is entitled to a reasonable extension of the delivery or completion period. All agreed delivery times are never strict deadlines. The Buyer must give Curlygirlmovement written notice of default and grant a reasonable term to still be able to deliver. The Buyer is not entitled to any compensation due to the delay that has arisen.
2. The Buyer is obliged to take delivery of the goods at the time they are made available to them in accordance with the Agreement, even if they are offered to them earlier or later than agreed.
3. If the Buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, Curlygirlmovement is entitled to store the goods at the expense and risk of Buyer.
4. If Curlygirlmovement or an external carrier delivers the Products, Curlygirlmovement is entitled to charge any delivery costs unless otherwise agreed in writing. These will then be invoiced separately unless expressly agreed otherwise.
5. If Curlygirlmovement requires information from the Buyer in the context of the execution of the Agreement, the delivery time will only commence after the Buyer has provided Curlygirlmovement with all information necessary for the
6. If Curlygirlmovement has specified a term for delivery, this is indicative. Longer delivery times apply for delivery outside the Netherlands.
7. Curlygirlmovement is entitled to deliver the goods in parts unless otherwise specified in the Agreement or the partial delivery does not have an independent value. Curlygirlmovement is entitled to invoice the then delivered goods
8. Deliveries will only be made if all invoices have been paid unless expressly agreed otherwise. Curlygirlmovement reserves the right to refuse delivery if there is a justified fear of non-payment.
Article 7 - Packaging and transport
1. Curlygirlmovement commits towards the Buyer to properly package the goods to be delivered and secure them so that they reach their destination in good condition under normal use.
2. Unless otherwise agreed in writing, all deliveries are made, including sales tax (VAT), packaging, and packaging material.
3. Accepting items without comments or remarks on the consignment note or receipt serves as proof that the packaging was in good condition at the time of delivery.
4. Curlygirlmovement is not responsible for any customs fees for international shipping and delivery imposed by the Buyer's country. The Buyer will bear these costs.
Article 8 - Inspection, reclamations
1. The Buyer is obliged to inspect the delivered goods or have them inspected at the time of delivery, but in any event within 14 days of receipt of the delivered goods, but only to unpack or use them to the extent necessary to assess whether they will keep the Product. In doing so, the Buyer must investigate whether the quality and quantity of the delivered goods correspond to the Agreement and whether the Products meet the requirements applicable to it in normal (commercial) traffic.
2. The Buyer is obliged to investigate and inform themselves how the Product should be used and, in the event of personal use, to test the Product in accordance with the directions for use. Curlygirlmovement does not accept any liability for incorrect use of the Product by the Buyer.
3. Any visible defects or shortcomings must be reported to Curlygirlmovement in
writing after delivery via the withdrawal form on the Curlygirlmovement website or via [email protected]. The Buyer has a period of 14 days after delivery for this. Non-visible defects or shortcomings must be reported within 14 days after discovery, but at the latest within six months after delivery. In the event of damage to the Product due to careless handling by the Buyer, the Buyer is liable for any loss in value of the Product.
4. If a complaint is made in time pursuant to the previous paragraph, the Buyer remains obliged to pay for the purchased goods. If the Buyer wishes to return defective goods, this will only take place with the prior written consent of Curlygirlmovement in the manner indicated by Curlygirlmovement.
5. If the Buyer exercises her right of withdrawal, she will return the Product and all accessories, insofar as this is reasonably possible, in its original condition and packaging to Curlygirlmovement, in accordance with Curlygirlmovement's return instructions. The direct costs for return shipments are at the expense and risk of the Buyer. If the Product has been opened, the Product may not be returned.
6. Curlygirlmovement is entitled to start an investigation into the authenticity and condition of the returned Products before a refund will be made.
7. Refunds to the Buyer will be processed as soon as possible, but the refund can take no later than 14 days after receipt of the Buyer's declaration of dissolution. Refunds will be made to the previously specified account number.
8. If the Buyer exercises her right of reclamation, the Buyer has neither the right to suspend their payment obligation nor to offset outstanding invoices.
9. In the absence of a complete delivery, and/or if one or more Products are missing, and this is attributable to Curlygirlmovement, Curlygirlmovement will send the
missing Product(s) or cancel the remaining order at the request of the Buyer. The confirmation of receipt of the Products will be leading in this regard. Any damage suffered by the Buyer as a result of the (deviating) size of the delivery cannot be recovered from Curlygirlmovement.
10. If the address provided by the Buyer is incorrect and the Products are returned to Curlygirlmovement, the return and shipping costs to resend the package will be borne by the Buyer.
Article 9 - Prices
1. During the period of validity of the Offer, the prices of the Products offered will not be increased unless there are changes in VAT rates.
2. The prices stated in the Offer are inclusive of VAT unless expressly
3. The prices as stated in the Offer are based on the cost factors applicable at the time of the conclusion of the Agreement, such as: import and export duties, freight and unloading costs, insurance, and any levies and taxes.
4. In the case of Products or raw materials of which there are price fluctuations in the financial market and on which Curlygirlmovement has no influence, Curlygirlmovement can offer these Products at variable prices. It is stated in the Offer that the prices are indicative and may fluctuate.
Article 10 - Payment and collection policy
1. Payment should preferably be made in advance in the currency in which the invoice was created using the method indicated.
2. The Buyer cannot derive any rights or expectations from a budget issued in advance unless parties have expressly agreed otherwise.
3. The Buyer must complete the payment in one go to the account number and details of Curlygirlmovement that have been made known to them. Parties can only agree on a different payment term after explicit and written permission from Curlygirlmovement.
4. If a periodic payment obligation of the Buyer has been agreed upon,
Curlygirlmovement is entitled to adjust the applicable prices and rates in writing with due observance of a term of three months.
5. In the event of liquidation, bankruptcy, attachment, or suspension of payment of the Buyer, Curlygirlmovement's claims against the Buyer are immediately due and
6. Curlygirlmovement has the right to have the payments made by the Buyer go first of all to reduce the costs, then to reduce the interest due, and finally to reduce the principal sum and the current interest. Curlygirlmovement can, without being in default, refuse an offer of payment if the Buyer designates a different order for the attribution. Curlygirlmovement can refuse full repayment of the principal sum if the outstanding and current interest and the costs are not also paid.
7. If the Buyer does not meet their payment obligation and has not fulfilled their obligation within the payment term of 14 days, the Buyer will first receive a written reminder with a term of 14 days after the date of the reminder to still meet the payment obligation, including a statement of the extrajudicial costs if the Buyer does not fulfill their obligations within that period before they are in default.
8. From the date that the Buyer is in default, Curlygirlmovement will, without further notice of default, claim the statutory (commercial) interest from the first day of default until full payment and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code to be calculated according to the graduated rate from the decision on compensation for extrajudicial collection costs of July 1, 2012.
9. If Curlygirlmovement has incurred more or higher costs considered reasonably necessary, these costs are eligible for reimbursement. The judicial and enforcement costs incurred are also at the expense of the Buyer.
Article 11 - Retention of title
1. All goods delivered by Curlygirlmovement remain the property of Curlygirlmovement
until the Buyer has fulfilled all the following obligations under all
Agreements concluded with Curlygirlmovement.
2. The Buyer is not authorized to pledge or object to the items subject to retention of title in any other way if the ownership has not yet been transferred in full.
3. If third parties seize the goods delivered subject to retention of title or wish to establish or enforce rights thereon, the Buyer is obliged to inform Curlygirlmovement as soon as can reasonably be expected.
4. If Curlygirlmovement wishes to exercise her property rights referred to in this article, the Buyer herewith already grants unconditional and irrevocable permission and authorization to Curlygirlmovement or third parties to be designated by them to enter all those places where Curlygirlmovement's properties are located and to repossess those things back.
5. Curlygirlmovement has the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled its payment obligations, despite an obligation to transfer or hand over Curlygirlmovement. After the Buyer has still fulfilled its obligations, Curlygirlmovement will make every effort to deliver the purchased Products to the Buyer as soon as possible, but at the latest within 20 business days.
6. Costs and other (consequential) damage as a result of retaining the purchased Products are at the expense and risk of the Buyer and will be reimbursed by the Buyer to Curlygirlmovement upon the first request.
Article 12 - Warranty
Curlygirlmovement 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 explicitly notified Curlygirlmovement of this use at the time of entering into the Agreement.
Article 13 - Suspension and dissolution
1. Curlygirlmovement is authorized to suspend the fulfillment of the obligations or dissolve the Agreement if the Buyer does not fully fulfill the Agreement's (payment) obligations.
2. In addition, Curlygirlmovement is authorized to dissolve the existing Agreement between itself and the Buyer, without judicial intervention, insofar as it has not yet been performed, if the Buyer does not timely or properly fulfill the obligations arising from any Agreement concluded with Curlygirlmovement.
3. Furthermore, Curlygirlmovement is authorized to dissolve the Agreement (or have it dissolved) without prior notice of default if circumstances arise which are of such a nature that fulfillment of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if
other circumstances arise which are of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.
4. If the Agreement is dissolved, Curlygirlmovement's claims against the Buyer are immediately due and payable. When Curlygirlmovement suspends the fulfillment of its obligations, it retains its rights under the law and the Agreement.
5. Curlygirlmovement always reserves the right to claim compensation.
Article 14 - Limitation of liability
1. If the execution of the Agreement by Curlygirlmovement leads to the liability of Curlygirlmovement towards theBuyer or third parties, that liability is limited to the costs charged by Curlygirlmovement in relation to the Agreement unless the damage was caused by intent or gross negligence. The liability of Curlygirlmovement is, in any case, limited to the maximum amount of damage that is paid out by the insurance company per event per year.
2. Curlygirlmovement is not liable for consequential damage, indirect damage, loss of profit and/or loss suffered, missed savings, and damage as a result of the use of the delivered Products is excluded. A limitation applies to the Buyer in
accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
3. Curlygirlmovement is not liable for and/or obliged to repair damage caused by the use of the Product. Curlygirlmovement provides strict directions for maintenance and uses that must be complied with by the Buyer. All damage to Products as a result of wearing and using is expressly excluded from liability
(this includes traces of use, use damage, fall damage, light and water damage, theft, loss, etc.).
4. Curlygirlmovement is not liable for damage that is or may be the result of any act or omission resulting from (incomplete and/or incorrect) information on the website(s) or linked websites.
5. Curlygirlmovement is not responsible for errors and/or irregularities in the website's functionality and is not liable for malfunctions or the unavailability of the website for whatever reason.
6. Curlygirlmovement does not guarantee a correct and complete transmission of the content of and e-mail sent by/on behalf of Curlygirlmovement, nor for the timely receipt thereof.
7. All claims by the Buyer due to shortcomings on the part of Curlygirlmovement will lapse if they have not been reported to Curlygirlmovement in writing and with reasons within one year after the Buyer was aware or could reasonably have been aware of the facts on which they base their claims. All claims of the Buyer
shall, in any case, expire one year after the termination of the Agreement.
Article 15 - Force majeure
1. Curlygirlmovement shall not be liable if, due to a force majeure situation, it is unable to perform its obligations under the Agreement, nor can it be held to fulfill any obligation if it is hindered in doing so as a result of a circumstance that is not attributable to its fault and for which it is not responsible under the law, legal act or generally accepted practice.
2. Force majeure is, in any case, understood to mean, but is not limited to what is understood in the law and jurisprudence, (i) force majeure of suppliers of Curlygirlmovement, (ii) failure to properly comply with supplier obligations prescribed or recommended by the Buyer to Curlygirlmovement, (iii) defective goods, equipment, software or materials of third parties, (iv) government measures, (v) electricity failure, (vi) failure of the internet, data network and telecommunication facilities (for example due to: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transportation problems, (x) strikes at Curlygirlmovement's company and (xi) other situations that, in Curlygirlmovement's opinion, are beyond its control that affects the fulfillment of its obligations temporarily or permanently.
3. Curlygirlmovement has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Curlygirlmovement should have
fulfilled its obligation.
4. During the period that the force majeure continues, parties can suspend the obligations under the Agreement. If this period lasts longer than two months, each party is entitled to dissolve the Agreement without any obligation to pay compensation to the other party.
5. Insofar as Curlygirlmovement has partially fulfilled or will be able to fulfill her obligations under the Agreement at the time of the occurrence of force majeure, and the part fulfilled or to be fulfilled has independent value, Curlygirlmovement is entitled to invoice the part already fulfilled or to be fulfilled separately. The Buyer is obliged to pay this invoice as if it were a separate Agreement.
Article 16 - Risk transfer
The risk of loss or damage to the Products that are the subject of the Agreement shall transfer to the Buyer at the time the Products are delivered into the Buyer's control. This is the case if the Products have been delivered to the delivery address of the Buyer.
Article 17 - Intellectual Property Rights
1. All intellectual property rights and copyrights of Curlygirlmovement rest
exclusively with Curlygirlmovement and are not transferred to the Buyer.
2. The Buyer is prohibited from disclosing and/or reproducing, changing, or making available to third parties all documents covered by the intellectual property rights and copyrights of Curlygirlmovement without the express prior written
permission from Curlygirlmovement. If the Buyer wishes to make changes to goods delivered by Curlygirlmovement, Curlygirlmovement must explicitly agree to the intended changes.
3. The Buyer is prohibited from using the Products to which the intellectual property rights of Curlygirlmovement rest other than as agreed in the Agreement.
4. The Buyer is prohibited from reselling the Products, whether or not in different packaging, to third parties.
Article 18 - Privacy, data processing, and security
1. Curlygirlmovement handles the (personal) data of the Buyer and visitors to the website(s) with care. If requested, Curlygirlmovement will inform the person concerned about this.
2. If Curlygirlmovement is required to provide information security based on the Agreement, this security will meet the agreed specifications and a security level that, considering the state of technology, the sensitivity of the data, and the associated costs, is not is unreasonable.
Article 19 - Complaints
1. If the Buyer is not satisfied with the Products of Curlygirlmovement and/or has complaints about the (execution of the) Agreement, the Buyer is obliged to report these complaints as soon as possible, but no later than within 14 calendar days after the relevant reason that led to the complaint. Complaints can be reported via [email protected] with the subject ‘Complaint.’
2. The complaint must be sufficiently substantiated and/or explained by the Buyer for Curlygirlmovement to be able to handle the complaint.
3. Curlygirlmovement will respond substantively to the complaint as soon as possible, but no later than 14 calendar days after receiving the complaint.
4. Parties will try to jointly reach a solution.
Article 20 - Applicable law
1. Dutch law applies to every Agreement between Curlygirlmovement and the Buyer. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
2. In the event of an explanation of the content and purport of these general terms and conditions, the Dutch text thereof is always decisive. Curlygirlmovement has the right to unilaterally change these terms and conditions.
3. All disputes arising from or as a result of the Agreement between Curlygirlmovement and the Buyer will be settled by the competent judge of the Amsterdam court unless mandatory provisions lead to the jurisdiction of another court.