Terms and conditions
Please read the terms and conditions of Mineral Makeup XL before you place your order.
1. Definitions and applicability
1.1 In these Terms and Conditions of Sale and Delivery by Mineral Makeup XL, hereinafter referred to as Terms and Conditions, the following terms shall have the meanings given below;
a) Mineral: The company Mineral Make-Up XL; statutorily established at Kalkovenweg 50A, 2401LK in Alphen aan den Rijn, Netherlands.
Registered at the K.v.K. Amsterdam Netherlands under number 70334552.
b) Customer: Every natural person/legal person with whom Mineral Makeup XL enters into an Agreement, every visitor to Mineral Mineral Makeup XL's website, or to whom Mineral Makeup XL makes an offer. If the customer refers to his or her terms and conditions, they do not apply.
c) Product: What is offered by Mineral Makeup XL to the Customer.
d) Website: The internet site https://www.mineralmakeupxl.com.
e) Agreement: An agreement, oral or otherwise, on the service offered. All orders and/or contracts between Mineral Makeup XL and the Customer that take place remotely by electronic means, as well as any amendment or addition thereto and all (legal) acts in preparation and/or execution of the Agreement.
1.2 These Terms and Conditions apply to all legal relationships between Mineral Makeup XL and the Customer. The applicability of customer terms and conditions are excluded, unless expressly agreed otherwise in writing by Mineral Makeup XL.
1.3 If Mineral does not always require strict compliance with these Terms and Conditions, this does not mean that the provisions thereof do not apply, or that Mineral would in any way lose the right to require strict compliance with the provisions of these Terms and Conditions in other cases.
1.4 Nullity or non-binding nature of one of the provisions of these Terms and Conditions shall not affect the validity of the remaining provisions.
1.5 In if one or more provisions are null and void, voidable or non-binding, they shall be deemed to have been converted into provisions that are valid and that most closely approximate the content and purport of the null and void or non-binding provisions.
2. Offers and quotations
2.1 Each offer or quotation contains an accurate description of the Products offered. The description is sufficiently detailed to enable the Customer to make a proper assessment of the offer. Obvious mistakes or errors in the offer do not bind Mineral Makeup XL. Images on Minera Mineral Makeup XLl's website are for indicative purposes only.
2.2 If a proposed Product is no longer available, the closing date of the relevant Product shall be deemed to have commenced at that time.
2.3 All offers and quotations from Mineral Makeup XL are without obligation. No rights whatsoever can be derived from any offer or quotation.
3. Commitments of Mineral Makeup xl
3.1 Mineral Makeup XL has the best efforts obligation to perform the Agreement to the best of its understanding and ability. All this on the basis of the state of knowledge known at that time and guarantees that the services provided comply with the Agreement and reasonably meet the specifications stated in the offer.
4. Obligations of the Customer
4.1 Upon entering into the Agreement, the Customer is deemed to have taken cognisance of these Terms and Conditions and to have accepted them. It is the Customer's own responsibility to provide the necessary Information in a timely and correct manner.
5. Execution of the Agreement
5.1 The Agreement comes into effect at the moment of acceptance by the Customer of the offer and compliance with the conditions set. Mineral Makeup XL is entitled to refuse an Agreement without giving a reason.
5.2 If the Customer has accepted the offer electronically, Mineral Makeup XL shall confirm receipt of acceptance of the offer. The Agreement is then deemed to have been concluded. As long as the receipt of this acceptance has not been confirmed, the customer may dissolve the agreement.
5.3 In the case of an online purchase of Products, the Customer has the option, based on the right of withdrawal, to dissolve the Agreement without giving reasons for a period of seven calendar days. This period commences on the day of receipt of the Product by or on behalf of the Customer.
5.4 Taking into account the nature of the Product, the Customer can only claim the right of withdrawal or the cooling-off period if the Product is in the unopened, original packaging, including all accessories that may have been delivered.
5.5 The right of revocation is subject to the statutory exclusions. If the Customer makes use of its right of withdrawal, the Customer may, in accordance with the reasonable and clear instructions provided by Mineral Makeup XL, return the Product, whereby the (postage) costs of returning the Product are for the Customer's own account. The amount already paid by the customer, will be refunded by Mineral Makeup XL as soon as possible, but at the latest within 30 days after the return or revocation.
5.6 If a Product is no longer available, Mineral Makeup XL will make a proposal for a replacement Product or cancel an open order for the Product. If there is a cancellation and the customer has already paid an amount, Mineral Makeup XL will refund this amount as soon as possible, but within 30 days after payment.
5.7 During the term of the Agreement as well as 24 months after termination thereof, the Customer shall not in any way, except after proper business consultation with Mineral Makeup XL in this matter has taken place, employ or otherwise, directly or indirectly, let anyone who is (was) involved in the implementation of the Agreement on behalf of Mineral Makeup XL.
6. Modification, suspension and termination
6.1 If during the execution of the Agreement it appears that it is necessary for a proper execution thereof to modify or supplement, then the parties will timely and in mutual consultation to adapt the agreement. The originally agreed amount may be increased or decreased as a result. Mineral Makeup XL may refuse a request to amend the Agreement, if this could have qualitative and / or quantitative consequences, for example, for the goods to be delivered in that context.
6.2 If the information required for the execution of the agreement is not provided to Mineral Makeup XL in a timely manner, or if the customer fails to (timely) fulfill its obligations, Mineral Makeup XL shall be entitled to suspend and/or dissolve the execution of the agreement. The customer has no right to dissolve the agreement, if he himself is in default. If the customer is of the opinion that Mineral Makeup XL is in default, the customer will give Mineral a reasonable period of time to still fulfill its obligations.
7. Rates and Payment Terms
7.1 All prices and fees are inclusive of sales tax and exclusive of additional costs. During the period of validity stated in the offer, the prices of the Products offered will not be increased, except for price changes due to changes in the level of sales tax.
7.2 Mineral Makeup XL reserves the right at all times to pass on changes in the proposed prices due to a cost price factor with respect to the Product and/or delivery to the Customer, unless expressly agreed otherwise in writing.
7.3 Shipping costs for the delivery of a Product by Mineral Makeup XL to the Customer will be charged separately. The amount of shipping costs depends on the Customer's chosen Products and delivery option.
7.4 Payment by the Customer must be made in advance. To this end, the Customer can choose from the payment options as presented on the website. Subject to changes, payment can be made by Ideal, PayPal, Credit Card or Bank Transfer.
7.5 In the event of a large purchase by the Customer, being a company, a prepayment of at least 50% of the total agreed invoice amount is sufficient in mutual consultation.
7.6 Upon explicit and prior request, the Client, being a consumer, can suffice with a prepayment of 50%, whereby the remaining amount can be paid upon delivery under Cash On Delivery or on the basis of an invoice.
7.7 The Customer cannot assert any rights regarding the execution of the Agreement before the stipulated advance payment has been made, unless otherwise agreed. Where applicable, the Customer must pay the remaining amount to Mineral within 14 days at the latest.
7.8 Customer is obliged to report any inaccuracies in the payment details stated to Mineral Makeup XL without delay. If the Customer is in default of timely payment of an invoice, then the Customer is legally in default. Mineral Makeup XL is then entitled to suspend or partially or fully dissolve the agreement.
7.9 In the event of late payment, the Customer shall owe interest at a rate of 2.0% per month, calculated from the final payment date. In this case, part of a month is counted as a whole month. The interest on the amount due and payable will be calculated from the moment the Customer is in default until the moment of payment of the amount due in full.
7.10 The Customer shall never be entitled to set off the amount it owes to Mineral Makeup XL. Objections to the amount of an invoice, or for any other reason, do not suspend the payment obligation.
7.11 If the Customer is in default or default in the (timely) fulfilment of his obligations, then all (extra) judicial costs to obtain payment shall be for the Customer's account.
8. Delivery terms and conditions
8.1 Mineral Makeup XL will take the utmost care in receiving and executing orders.
8.2 The customer can, where possible, subject to reservation, choose from the following delivery options by Mineral Makeup XL:
a) delivering the Product through the mailbox post;
b) delivering the Product cash on delivery;
c) delivering the Product under additional insurance;
d) a standard delivery of the Product.
8.3 After receipt of the agreed payment, delivery of a Product in the Netherlands usually takes place on the next day or within 24 to 48 hours. Delivery to countries other than the Netherlands within the EU, usually takes place within 1 week and outside the EU between 1 and 2 weeks after receipt of payment. The place of delivery is the address the Customer has provided to Mineral Makeup XL.
8.4 The delivery period may, under circumstances, exceed the expected delivery period with a maximum of 20 working days after the closing date for sale.
8.5 If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the Customer will be informed of this no later than 10 working days after the order has been placed. In this case, the Customer has the right to dissolve the Agreement free of charge. In case of dissolution, Mineral Makeup XL will return the amount paid by the customer as soon as possible, but at the latest within 30 days after dissolution.
8.6 If delivery of an ordered Product proves impossible, Mineral Makeup XL will endeavour to provide a replacement Product. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement Product will be delivered. In case of replacement Products, the right of withdrawal also applies.
8.7 The risk of damage and/or loss of Products rests with Mineral Makeup XL until the moment of delivery to the Customer.
8.8 Specified delivery periods in offers and confirmations or agreements are only indicative and are therefore not binding on Mineral Makeup XL, unless expressly agreed otherwise in writing.
8.9 Mineral Makeup XL reserves the right to deliver in installments and to require payment from the Customer per invoice, related to the partial delivery, as long as there are no deviations from the Agreement.
9. Risk transfer
The risk of loss, damage or depreciation of the delivered goods shall pass to the Customer at the moment that the goods are brought under the Customer's control.
10. Return
10.1 The Customer, or a designated third party, is responsible for ensuring that the Products have been delivered, complete, undamaged and in accordance with the Agreement. Products will only be returned if prior consultation with Mineral Makeup XL has taken place and the Customer can demonstrate that the goods have not been delivered in accordance with the Agreement.
10.2 Returns without the express permission of Mineral Makeup XL may be refused at the expense of the Customer. In this case, Mineral Makeup XL reserves the right to recover the storage costs, as well as transport costs from the customer.
11. Reservation of ownership
11.1 All goods delivered by Mineral Makeup XL shall remain the property of Mineral Makeup XL until the customer has fulfilled all of the following obligations under all agreements concluded with Mineral Makeup XL.
11.2 As long as the ownership of the delivered goods has not yet passed to the Customer, the Customer may not transfer ownership or security of the Product or grant any other right to the Product to a third party.
12. Intellectual property
12.1 Without prejudice to the other provisions of these Terms and Conditions, Mineral Makeup XL reserves the rights and powers vested in Mineral Makeup XL under the Copyright Act.
12.2 All data provided, such as price information, (internet) publications and / or other publications remain the intellectual property of Mineral Makeup XL.
13. Conformity and Warranty
13.1 Mineral Makeup XL makes every effort to deliver only high quality products, however, no rights can be derived from this. Mineral Makeup XL guarantees that the Products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or EU standards existing on the date of the conclusion of the Agreement.
Mineral Makeup XL works with natural raw materials. In the manufacture of the products there may be slight differences in color. Mineral Makeup XL will try to produce products as close as possible to the previous batch color but can, due to the variability of nature, not guarantee color stability.
13.2 Without prejudice to the provisions of the preceding paragraph, Mineral Makeup XL cannot guarantee that Customer may be hypersensitive to any Product. Therefore, the Customer cannot claim compensation for damages. Mineral Makeup XL will, however, make every effort to propose a more suitable Product in order to serve the Customer in the best possible way.
13.3 An arrangement offered as a warranty by Mineral Makeup XL, manufacturer, or importer does not affect the rights and claims Mineral Makeup XL may have against Mineral Makeup XL in respect of a breach of Mineral Makeup XL's obligations under the law and/or the Distance Contract.
14. Liability and indemnities
14.1 Mineral Makeup XL accepts no liability for any damage of the customer, direct or indirect and / or consequential damage, environmental, business and intangible damage, or caused by a non or late performance of the Agreement, or incorrect advice, unless the damage is due to gross negligence or fault of Mineral Makeup XL. Customer is solely responsible for the proper use of a Product, as may reasonably be expected.
14.2 If Mineral Makeup XL is liable, the liability is limited to the amount of the Agreement to which the liability applies.
14.3 Mineral Makeup XL's liability shall in any event always be limited to the amount paid out by its insurer in a given case.
14.4 The Customer indemnifies Mineral Makeup XL against all possible claims of third parties which are directly and/or indirectly related to the execution of the Agreement. Mineral Makeup XL is only liable for direct damages and never for indirect damages, including consequential damages, lost profits, lost savings and damage due to business stagnation.
15. Force majeure
15.1 Mineral Makeup XL shall not be obliged to fulfill any obligation to the Customer if Mineral Makeup XL is hindered as a result of a circumstance that is not due to its fault. In case of force majeure on the part of Mineral Makeup XL, the customer is not entitled to any (damage) compensation, even if Mineral Makeup XL could obtain any benefit as a result of the force majeure.
15.2 Force majeure shall be understood to mean any circumstance independent of Mineral Makeup XL's will as a result of which the fulfilment of its obligations towards the Customer is wholly or partially prevented or as a result of which the fulfilment of its obligations cannot reasonably be required of Mineral Makeup XL. This includes, but is not limited to: (natural) disasters, failure of a third party on which Mineral Makeup XL depends, unforeseen failure of the internet site, ICT equipment, logistical problems and measures of any government agency.
16. Confidentiality and secrecy
16.1 Mineral Makeup XL is familiar with the applicable legislation of the Personal Data Protection Act (Wbp). Mineral Makeup XL complies with the confidentiality obligation regarding the provision of Personal Data.
16.2 Anonymous data may be used internally for statistical purposes, provided it is related to Mineral Makeup XL's objectives. Anonymous data cannot be traced back to individual natural persons. The processing of the data is mainly aimed at the development or improvement of existing and new services.
16.3 Mineral Makeup XL can inform the Customer by digital newsletter about changes to the website, new services and possibilities. The Customer can of course decide for himself whether he wants to receive this information. At the bottom of a newsletter is indicated how to easily unsubscribe.
16.4 The customer is entitled to request his personal data at any time and have them removed from Mineral Makeup XL's system, insofar as this does not conflict with the legal duty of retention of the business administration.
16.5 All parties involved in the Agreement are obliged to maintain the confidentiality of all confidential information they have obtained from each other or from another source within the framework of the Agreement. Information is considered confidential if this has been communicated by one of the parties, or if this results from the nature of the information.
17. Reclamation
17.1 Mineral Makeup XL attaches great importance to a successful execution of the Agreement. If, despite this, a shortcoming is detected, it can be addressed to Mineral Makeup XL within 10 working days after detection, orally, in writing or by email, so that Mineral Makeup XL is given the opportunity to find an appropriate solution. Incidentally, no rights can be derived from a submitted complaint or point of improvement.
18. Applicable law and disputes
18.1 All legal relationships to which Mineral Makeup XL is a party shall be governed exclusively by Dutch law, even if the Customer is domiciled or established abroad.
18.2 The parties will only appeal to the court after they have done their utmost to settle a dispute by mutual agreement. If it turns out to be impossible to solve a dispute by mutual agreement, the judge of Amsterdam is exclusively authorized to take cognizance of disputes, unless the law imperatively prescribes otherwise.
This text has been translated using a web application.
The Dutch translation is leading.
19. Concluding provisions
19.1 In the event of an explanation of the content and purport of the Terms and Conditions, the Dutch text shall always prevail.
19.2 The Terms and Conditions can be requested or consulted on the website of Mineral Makeup XL.
19.3 Applicable is always the most recent version, or the version as it applied at the time of the conclusion of the Agreement.