Terms & Conditions

GENERAL TERMS AND CONDITIONS Keystone Cosmetics & Sciences 

E-mail: info@eu.sensationail.com
Website: www.eu.sensationail.com

Definitions

  1. Keystone Cosmetics & Sciences: Keystone-Europe BV, established in Oss, Chamber of Commerce no. 50154397.
  2. Customer: the party which Keystone Cosmetics & Sciences has entered into an agreement with.
  3. Parties: Keystone Cosmetics & Sciences and customer together.
  4. SensatioNail, distributed under license from Pacific World Corporation. EU responsible person: Keystone Cosmetics & Sciences:
  5. Consumer: a customer who is an individual acting for private purposes.

Applicability

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Keystone Cosmetics & Sciences. 
  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

  1. All prices used by Keystone Cosmetics & Sciences are in GBP, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
  2. Keystone Cosmetics & Sciences is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time. 
  3. Increases in the cost prices of products or parts thereof, which Keystone Cosmetics & Sciences could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases. 

Payments and payment term

  1. Keystone Cosmetics & Sciences reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Right of recovery of goods 

  1. Keystone Cosmetics & Sciences invokes the right of recovery by means of a written or electronic announcement.
  2. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Keystone Cosmetics & Sciences, unless the parties agree to make other arrangements about this. 
  3. The costs for the collection or return of the products are at the expense of the customer.

Right of withdrawal 

  1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
  • the product has not been used
  • the consumer has not renounced his right of withdrawal
  1. The cooling-off period of 14 days as referred to in paragraph 1 commenceson the day after the consumer has received the last product or part of 1 order
  2. The consumer can notify his right of withdrawal via info@eu.sensationail.com
  3. The consumer is obliged to return the product to Keystone Cosmetics & Scienceswithin 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse. 

Reimbursement of delivery costs

  1. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Keystone Cosmetics & Sciences will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Keystone Cosmetics & Sciences in time.
  2. The costs for return are only reimbursed by Keystone Cosmetics & Sciences if the complete order is returned.

Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention 

  1. Keystone Cosmetics & Sciences can appeal to his right of retention of title and in that case retain the products sold by Keystone Cosmetics & Sciences to the customer until the customer has paid all outstanding invoices with regard to Keystone Cosmetics & Sciences, unless the customer has provided sufficient security for these payments. 
  2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Keystone Cosmetics & Sciences.
  3. Keystone Cosmetics & Sciences is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement 

The customer waives his right to settle any debt to Keystone Cosmetics & Sciences with any claim on Keystone Cosmetics & Sciences. 

Retention of title 

  1. Keystone Cosmetics & Sciences remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Keystone Cosmetics & Sciences under whatever agreement with Keystone Cosmetics & Sciences including of claims regarding the shortcomings in the performance.
  2. Until then, Keystone Cosmetics & Sciences can invoke its retention of title and take back the goods. 
  3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products. 
  4. If Keystone Cosmetics & Sciences invokes its retention of title, the agreement will be dissolved and Keystone Cosmetics & Sciences has the right to claim compensation, lost profits and interest.

Delivery 

  1. Delivery takes place while stocks last.
  2. Delivery of products ordered online takes place at the address indicated by the customer. 
  3. If the agreed price is not paid on time, Keystone Cosmetics & Sciences has the right to suspend its obligations until the agreed price is fully paid. 

Delivery period

  1. Any delivery period specified by Keystone Cosmetics & Sciences is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
  2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Keystone Cosmetics & Sciences. 
  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Keystone Cosmetics & Sciences cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Packaging and shipping 

  1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Keystone Cosmetics & Sciences may not be held liable for any damage.

Insurance

Storage 

  1. Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.

Guarantee

  1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material. 
  2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Exchange

  1. Exchange is only possible if the following conditions are met:
  • exchange takes place within 14 days after purchase upon presentation of the original order
  • the product is returned in the original packaging or with the original (price) tags still attached to it 
  • the product has not been used
  1. Discounted items, custom made items or specially adapted articles for the customer and open items cannot be exchanged.

Indemnity

The customer indemnifies Keystone Cosmetics & Sciences against all third-party claims that are related to the products and/or services supplied by Keystone Cosmetics & Sciences. 

Complaints

  1. The customer must examine the product provided by Keystone Cosmetics & Sciences as soon as possible for possible shortcomings.
  2. If a delivered product does not comply with what the customer could reasonably expect from the agreement, the customer must inform Keystone Cosmetics & Sciences of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. 
  3. Consumers must inform Keystone Cosmetics & Sciences of this within one month after detection of the shortcomings.
  4. The customer gives a detailed description as possible of the shortcomings, so that Keystone Cosmetics & Sciences is able to respond adequately. 
  5. The customer must demonstrate that the complaint relates to an agreement between the parties.
  6. If a complaint relates to ongoing work, this can in any case not lead to Keystone Cosmetics & Sciences being forced to perform other work than has been agreed.

Giving notice

  1. The customer must provide any notice of default to Keystone Cosmetics & Sciences in writing.
  2. It is the responsibility of the customer that a notice of default actually reaches Keystone Cosmetics & Sciences (in time). 

Joint and several Client liabilities

If Keystone Cosmetics & Sciences enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Keystone Cosmetics & Sciences under that agreement. 

Liability of Keystone Cosmetics & Sciences

  1. Keystone Cosmetics & Sciences is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence. 
  2. If Keystone Cosmetics & Sciences is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
  3. Keystone Cosmetics & Sciences is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
  4. If Keystone Cosmetics & Sciences is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from Keystone Cosmetics & Sciences shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.

Dissolution

  1. The customer has the right to dissolve the agreement if Keystone Cosmetics & Sciences imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. 
  2. If the fulfillment of the obligations by Keystone Cosmetics & Sciences is not permanent or temporarily impossible, dissolution can only take place after Keystone Cosmetics & Sciences is in default. 
  3. Keystone Cosmetics & Sciences has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Keystone Cosmetics & Sciences good grounds to fear that the customer will not be able to fulfill his obligations properly. 

Force majeure

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Keystone Cosmetics & Sciences in the fulfillment of any obligation to the customer cannot be attributed to Keystone Cosmetics & Sciences in any situation independent of the will of Keystone Cosmetics & Sciences, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Keystone Cosmetics & Sciences . 
  2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 
  3. If a situation of force majeure arises as a result of which Keystone Cosmetics & Sciences cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Keystone Cosmetics & Sciences can comply with it. 
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 
  5. Keystone Cosmetics & Sciences does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly. 

Changes in the general terms and conditions

  1. Keystone Cosmetics & Sciences is entitled to amend or supplement these general terms and conditions. 
  2. Changes of minor importance can be made at any time. 
  3. Major changes in content will be discussed by Keystone Cosmetics & Sciences with the customer in advance as much as possible.
  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

Transfer of rights

  1. The customer cannot transfer its rights deferring from an agreement with Keystone Cosmetics & Sciences to third parties without the prior written consent of Keystone Cosmetics & Sciences. 
  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code. 

Consequences of nullity or annullability

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions. 
  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Keystone Cosmetics & Sciences had in mind when drafting the conditions on that issue.

Applicable law and competent court

  1. Dutch law is exclusively applicable to all agreements between the parties. 
  2. The Dutch court in the district where Keystone Cosmetics & Sciences is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.