Terms of service
TERMS & CONDITIONS
General Terms and Conditions of GIGIBEE BEAUTY
By placing an order on www.gigibeebeauty.com you are accepting to purchase a Product on and subject to the following terms and conditions of GIGIBEE BEAUTY (the “General Terms and Conditions”). The General Terms and Conditions always apply between you and GIGIBEE BEAUTY when you use or place an order through the website www.gigibeebeauty.com (the “Site”). The General Terms and Conditions contain important information for you as a customer of GIGIBEE BEAUTY. Please read them carefully. We also recommend you to save or print the General Terms and Conditions, so you can consult them again at a later date.
ARTICLE 1 DEFINITIONS
Agreement: any arrangement or agreement between GIGIBEE BEAUTY. and the Client for the purchase of Products,
of which the General Terms and Conditions form an integral part.
Client: the consumer or (legal) person acting in the performance of a profession or business who enters into an Agreement with GIGIBEE BEAUTY.
General Terms and Conditions: these terms and conditions of GIGIBEE BEAUTY.
GIGIBEE BEAUTY is established under Dutch law, based in Limburg (The Netherlands) and registered with the Chamber of Commerce under file number: 78120594, trading under the trade name ”GIGIBEE BEAUTY”.
Product(s): the product(s) as offered on the Site.
Site: the website www.gigibeebeauty.com
ARTICLE 2 APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
2.1 The General Terms and Conditions apply to all offers and deliveries from, and Agreements with, GIGIBEE BEAUTY, unless otherwise explicitly agreed on in writing.
2.2 If the Client declares other provisions or terms applicable in his order, confirmation or through any other communication medium, such provisions will only be binding upon GIGIBEE BEAUTY if and in so far as GIGIBEE BEAUTY has explicitly accepted them in writing.
ARTICLE 3 PRICES AND INFORMATION
3.1 All prices as displayed on the Site and on other materials originating from GIGIBEE BEAUTY include VAT and any other taxes and levies imposed by the government, unless stated otherwise on the Site. If the rate of VAT changes between the Client’s order date and the date we supply the Product, GIGIBEE BEAUTY will adjust the rate of VAT that the client pays, unless the Client has already paid for the Product in full before the change in the rate of VAT takes effect.
3.2 If shipping costs are charged, these will be clearly stated on the Site before the Agreement is concluded. The shipping costs will be displayed separately in the ordering process.
3.3 The content of the Site is composed with the greatest care. GIGIBEE BEAUTY can however not guarantee that all information on the Site is displayed correctly and/or is complete at all times. All prices and other information displayed on the Site and on other materials originating from GIGIBEE BEAUTY may include typographical and/or programming errors. GIGIBEE BEAUTY is not liable for such typographical and/or programming errors and reserves the right to correct such errors at all times. If GIGIBEE BEAUTY accepts and processes the Client’s order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by the Client as a mispricing, GIGIBEE BEAUTY may end the Agreement, refund any sums paid and require the return of any Products provided.
3.4 The images of the products on our website are for illustrative purposes only. GIGIBEE BEAUTY is not liable for any deviations between the colour of the actual Product and the colour of the Product as displayed on the Site.
3.5 GIGIBEE BEAUTY may change the Product (i) to reflect any changes in relevant laws and regulatory requirements and (ii) to implement minor technical adjustments and improvements. These changes will not affect the Client’s use of the Product.
ARTICLE 4 CONCLUSION OF THE AGREEMENT
4.1 The Agreement will be deemed to be concluded at such moment that the Client accepts the offer of GIGIBEE BEAUTY by clicking the “BUY” button on the checkout page of the Site, which offer is subject to the General Terms and Conditions.
4.2 After the Client has accepted the offer by electronic means, GIGIBEE BEAUTY will confirm receipt of acceptance of the offer by electronic means.
4.3 If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, GIGIBEE BEAUTY will have the right to suspend its obligations until the correct data has been received from the Client.
4.4 GIGIBEE BEAUTY expressly reserves the right to reject a Client’s order without stating reasons.
4.5 GIGIBEE BEAUTY prohibits the sale of Products by unauthorized resellers and does not sell or supply Products to unauthorized resellers. An order placed by an unauthorized reseller will be rejected without stating reasons and the concerning Client may be excluded by GIGIBEE BEAUTY from the Site.
ARTICLE 5 EXECUTION OF THE AGREEMENT
5.1 As soon as GIGIBEE BEAUTY has received a Client’s order and has confirmed the acceptance thereof, it will hand over the Products to the shipping company as selected by the Client during the ordering process. The shipping company will deliver the Products to the Client.
5.2 GIGIBEE BEAUTY is authorized to engage any third parties in the fulfilment of its obligations under the Agreement.
5.3 The Site includes information describing the manner of delivery of the Products and an estimation of the term in which the Products will be delivered to the Client.
5.4 If GIGIBEE BEAUTY is unable to deliver the Products within thirty (30) days after the confirmation of acceptance of the order, it will notify the Client accordingly. In such event, the Client has the right to either agree to a new delivery date or to dissolve the Agreement without incurring any costs, and the Client will receive a refund for any Products paid for but not received. GIGIBEE BEAUTY is not liable for any delay in the delivery process.
5.5 GIGIBEE BEAUTY advises the Client to inspect the Products upon receipt and to report any defects within two (2) working days after delivery in writing or by email, and in any case within a reasonable period of time after discovering the defect.
5.6 As soon as the Product has been delivered to the delivery address submitted by the Client, the risk of the Product fully transfers to the Client, without prejudice to any rights consumers may have.
5.7 If the ordered Product is out of stock or can no longer be supplied for any other reason, GIGIBEE BEAUTY may cancel the order by notifying the Client or deliver a Product that is comparable in nature and quality to the ordered Product. In that case, the Client will have the right to dissolve the Agreement without incurring any costs and to return the Product free of charge.
ARTICLE 6 RIGHT TO WITHDRAW
6.1 The Client has the right to return the Product within fourteen (14) days after the Product has been delivered to the Client. The Client must bear the costs for shipping the Products to GIGIBEE BEAUTY
6.2 The Client must inform GIGIBEE BEAUTY of its wish to return the Product by sending an e-mail to firstname.lastname@example.org, by filling out the model cancellation form (to be found at the end of these General Terms and Conditions) or in any other unambiguous way within the aforementioned period of fourteen (14) days after the Product has been delivered to the Client. This notification must include the following information: order number, name, phone number, e-mail address and delivery address. After receipt of the notification, GIGIBEE BEAUTY will provide a Return Authorization number (“RA Number”) to the Client. After receipt of the RA number, the Client will have fourteen (14) days to return the Product to GIGIBEE BEAUTY.
6.3 Insofar reasonably possible, returned Products must be sealed, unused, undamaged and returned in its original unopened packaging with its original packing slip. Returned Products that do not satisfy all of the aforementioned conditions, cannot
be accepted due to health protection and hygiene reasons.
6.4 The Client is responsible for the chosen shipping method for the return of the Product. The risk of the Product will transfer to GIGIBEE BEAUTY when GIGIBEE BEAUTY has received the Product. This means that GIGIBEE BEAUTY is not responsible for any returns which are (for example) lost and/or damaged during transport when being returned. We therefore advise you to choose for registered shipment, request tracking information and ensure the package containing the returned Product(s). GIGIBEE BEAUTY does not make any exceptions to this policy.
6.5 GIGIBEE BEAUTY will confirm receipt of the returned Product upon receipt. Within fourteen (14) days of being notified that the Client wishes to return the Product, GIGIBEE BEAUTY will refund the total purchase price (excluding shipping costs) to the Client, provided that GIGIBEE BEAUTY has received the returned Product itself or Client is able to proof shipment of the Product. If Client has chosen for a shipping method that was more expensive than the “standard shipping method”, GIGIBEE BEAUTY will only reimburse the price of the “standard shipping method”.
ARTICLE 7 PAYMENT
7.1 The Client shall pay the amounts due to GIGIBEE BEAUTY in accordance with the ordering process and through the payment method selected on the Site. GIGIBEE BEAUTY is free to offer any payment method of its choice and may change these payment methods at any time.
7.2 Any refunds will be provided by the method used by the Client for payment, unless agreed otherwise.
ARTICLE 8 WARRANTIES AND CONFORMITY
8.1 GIGIBEE BEAUTY warrants that the Products are suitable for their intended use, as described on the Site.
8.2 If the delivered Product fails to comply with the Agreement, the Client must notify GIGIBEE BEAUTY thereof within a reasonable period of time, where a notification within two (2) months after the consumer has discovered the defect will be considered reasonable.
8.3 If a Product fails to comply with the Agreement and the Client has notified GIGIBEE BEAUTY thereof within a reasonable period of time, the Product concerned will be repaired, replaced or (partially) refunded, such in consultation with the Client. GIGIBEE BEAUTY will pay the costs of return and other shipping costs in case of faulty or misdescribed Products.
8.4 GIGIBEE BEAUTY only offers warranties on Products purchased on the Site or from an authorized reseller and accompanied by a valid receipt or proof of purchase. If you purchase a Product from an unauthorized reseller, the warranty will not be valid. Please be aware that there are some websites or dealers (e.g. on Amazon) who claim to be authorized resellers but are not. Products sold on these websites or from these dealers do not carry a warranty from GIGIBEE BEAUTY When you purchase products from an unauthorized website, you are taking a risk because these products may be counterfeit, used, defective, or may not be designed or fit for use in your country. Please ensure that you only purchase Products through the Site or from an authorized reseller. If you have any questions about authorized resellers, please contact us. This disclaimer is without prejudice to any rights consumers may have and to the extent permitted by applicable law.
ARTICLE 9 COMPLAINTS HANDLING PROCEDURE
9.1 If the Client has any grievances in connection with a Product (in accordance with article 8 entitled, “Warranties and Conformity”), or regarding any other aspects of the Site or service of GIGIBEE BEAUTY, it can submit a complaint by email or in writing. The contact details of GIGIBEE BEAUTY are provided at the end of these General Terms and
9.2 GIGIBEE BEAUTY will respond to the complaint as soon as possible, and in any case within seven (7) days after receipt of the complaint. If GIGIBEE BEAUTY is unable to formulate a substantive response to the complaint within such period, GIGIBEE BEAUTY will confirm receipt of the complaint within seven (7) days after receipt of the complaint and give an indication of the term within which it expects to be able to give a substantive or definitive response to the Client.
ARTICLE 10 LIABILITY
10.1 For consumers. To the extent allowed under applicable (local) mandatory law, the total liability of GIGIBEE BEAUTY in respect of the Client due to an attributable failure to perform the Agreement is limited to a compensation which does not exceed the price stipulated for that particular Agreement (including VAT and shipping costs).
GIGIBEE BEAUTY does not exclude or limit in any way its liability to the Client where it would be unlawful to do so.
10.2 For persons acting professionally. To the extent permitted by applicable law, GIGIBEE BEAUTY is not subject to any liability, irrespective of the grounds upon which an action or proceeding may be based. The restrictions set out in this article 10.2, will cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of GIGIBEE BEAUTY GIGIBEE BEAUTY is not liable for any indirect damages or losses, including, without limitation, consequential damages, lost profits, lost savings, loss of data and damage due to business interruption.
10.3 To the extent permitted by applicable law, and without prejudice to any rights consumers may have, GIGIBEE BEAUTY will only be liable to the Client on account of an attributable failure in the performance of an Agreement if the Client issues a written notice of default to GIGIBEE BEAUTY without delay, stipulating a reasonable period of time in which GIGIBEE BEAUTY has the possibility to remedy the default, and GIGIBEE BEAUTY fails to cure the default within such period (unless the default cannot be remedied). The notice of default must contain a description of the default in as much detail as possible, in order to enable GIGIBEE BEAUTY to provide an adequate response and/or take adequate action.
10.4 Any event giving rise to compensation is always subject to the condition that the Client reports the damage or loss in writing to GIGIBEE BEAUTY as soon as possible, but no later than within thirty (30) days after the damage or loss has arisen.
10.5 GIGIBEE BEAUTY is not liable for any failure or delay in the performance of its obligations under the Agreement or any damage or loss the Client has incurred caused by force majeure, meaning any event beyond the reasonable control of GIGIBEE BEAUTY or any third parties engaged by GIGIBEE BEAUTY to fulfil its obligations under the Agreement, including but not limited to strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, flu outbreaks, plagues, pandemics, epidemics, acts of government, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services, to
the extent permitted under applicable law. This includes amongst others (and without limitation) the event that any third party engaged by GIGIBEE BEAUTY is not able to fulfil its obligations due to a force majeure event
ARTICLE 11 RETENTION OF TITLE
11.1 As long as GIGIBEE BEAUTY has not received full payment for the Products, GIGIBEE BEAUTY will retain the ownership of the Products. The Client will own the Product after GIGIBEE BEAUTY has received payment in full.
ARTICLE 12 PERSONAL DETAILS
ARTICLE 13 FINAL PROVISIONS
13.1 The General Terms and Conditions and the Agreement are exclusively construed in accordance with and shall be exclusively governed by Dutch law.
13.2 Except in case of a dispute with a consumer, any dispute arising out or in connection with the General Terms and Conditions and the Agreement, including disputes concerning the existence and validity thereof will, if no amicable settlement can be reached, be exclusively submitted to the competent court of Amsterdam.
13.3 If the Client is a consumer and resides within the European Union, or in Norway, Iceland or Liechtenstein, he/she may also be able to refer a dispute to the European Online Dispute Resolution (“ODR”) platform at http://ec.europa.eu/consumers/ odr. The ODR platform is a web-based platform which is designed to help consumers who have bought products or services online. It provides access to independent alternative dispute resolution services which are usually free for consumers to use. GIGIBEE BEAUTY has the discretion as to whether it will agree to a complaint being resolved through the ODR platform.
13.4 In the event that any of the provisions contained in the General Terms and Conditions will be deemed invalid or unenforceable, then the remaining provisions shall be construed as if such invalid provisions were not contained herein; and such invalid or unenforceable provisions will then be deemed to have been replaced by a provision which as closely as possible meets the intention of GIGIBEE BEAUTY when inserting the original provision.
13.5 GIGIBEE BEAUTY has the right to make changes to these General Terms and Conditions. We will notify Clients if such changes are significant and/or have an adverse effect on Client’s rights and obligations under the Agreement. In case of significant or adverse changes, the Client will have the right to end the Agreement before the changes take effect and receive a refund for any Products paid for but not received.
Should you have any questions, complaints or comments after reading the General Terms and Conditions, or if you need to provide us with notice, please contact us by email or in writing.
6443 CD Brunssum
These General Terms and Conditions were last amended on 10 October 2022.
Table of Contents
GIGIBEE BEAUTY is established under Dutch law, based in Limburg (The Netherlands) and registered with the Chamber of Commerce under file number 78120594, trading under the trade name “GIGIBEE BEAUTY”.
Site: the website www.gigibeebeauty.com.
User: any individual visitor to the Site or recipient of specific content such as ads, e-mail or newsletters in relation to GIGIBEE BEAUTY.
The Site is subject to Dutch law. The information on this Site is offered on an ‘as is’ basis. This means that GIGIBEE BEAUTY does not provide any guarantees or accept any liability regarding the accuracy or completeness of any information on the Site. Under no circumstances will GIGIBEE BEAUTY or its subsidiaries or affiliates be liable for any direct, incidental or consequential damages, or any claims for compensation arising from access to or use of the Site.
Under no circumstances will GIGIBEE BEAUTY be liable for any damage resulting from any loss resulting, directly or indirectly, from the use, function or performance of the Site, or any services in connection therewith, or any contents contained therein, unless such damage was proximately caused by the gross negligence or an intentional act of GIGIBEE BEAUTY.
The Site may feature links to other websites. If these links refer to web pages outside of the GIGIBEE BEAUTY domain, such web pages are not administered by GIGIBEE BEAUTY and GIGIBEE BEAUTY will not be responsible for the contents of such web pages.
By communicating with GIGIBEE BEAUTY through the Site, or uploading any information and/or materials to the Site, the User authorizes GIGIBEE BEAUTY to use this information for the purpose for which the User has made this information available to GIGIBEE BEAUTY. For example, if a User subscribes for the newsletter, the User accepts that it may receive correspondence from GIGIBEE BEAUTY.
All intellectual and other property rights, such as text, graphics, images, icons and trademarks and trade names, featured in the information and materials on the Site are owned by GIGIBEE BEAUTY and/or its licensors. Access to this information does not entitle the User to any rights. These materials may not be copied, distributed or used for any other purpose without the express written consent of GIGIBEE BEAUTY, except as otherwise allowed by law. You may not use our trademarks in connection with any product or service in any way that is likely to cause confusion.
You are fully responsible for the truthfulness, accuracy and completeness of the information you upload, share with or send to the Site.
GIGIBEE BEAUTY reserves the right to modify this disclaimer from time to time. Your continued access and use of the Site after making such modifications and posting the updated disclaimer on this web page will constitute your unconditional acceptance of such modifications.