Liability

Cairskin BV is only liable for direct damage that has arisen through wilful recklessness or an intentional act or omission of Cairskin BV.

The liability of Cairskin BV is excluded for indirect damage, including in any event consequential damage, loss of profit, lost savings and loss due to business interruption, or immaterial damage to the Client. In the case of consumer purchase, this limitation does not extend further than is permitted pursuant to article 7:24, paragraph 2 of the Dutch Civil Code.

Cairskin BV is not liable for damage, of whatever nature, resulting from Cairskin BV basing its actions upon inaccurate and/or incomplete information provided by the Client, unless this inaccuracy or incompleteness ought to have been known to Cairskin BV.

Cairskin BV is not liable for mutilation, destruction, theft or loss of data or documents.

If Cairskin BV is liable for any damage, then the liability of Cairskin BV is limited to the amount stated in the invoice, or to the amount to which the insurance taken out by Cairskin BV gives entitlement, with the deduction of the policy excess borne by Cairskin BV under the terms of the insurance.

 

The Client must report the damage for which Cairskin BV can be held liable to Cairskin BV as soon as possible, but in any event within 10 days of the damage having arisen, on penalty of the forfeiture of any right to compensation for this damage.

Any liability claim against Cairskin BV lapses within one year of the Client having become aware, or possibly reasonably having become aware, of the harmful event.

The limitations of the liabilities in this article will not apply if the damage is due to an intentional act or recklessness of Cairskin BV or due to his managing employee.       

Indemnity

The Client indemnifies Cairskin BV against any claims by third parties who suffer damage in connection with the implementation of the Contract which is attributable to the Client.

If Cairskin BV may be sued for this reason, then the Client is bound to provide Cairskin BV with both judicial and extrajudicial support. Furthermore, all costs and damage on the part of Cairskin BV and third parties will be at the expense and risk of the Client.

Limitation period

In departure from the legal limitation period, a limitation period of one year applies to all claims against Cairskin BV and any third parties brought in by Cairskin BV.

The foregoing shall not apply to claims which are based on the non-conformity of the delivered goods of the Contract. In this case claims lapses after two years after the Client has informed Cairskin BV about the defect of the delivered good.   

Intellectual property

Cairskin BV reserves the rights and powers accruing to it under the provisions of the Copyright Act and other intellectual property legislation and regulations.

Cairskin BV reserves the right to utilise the knowledge acquired for the performance of the work and general information for other purposes and other work, in so far as no confidential information is hereby communicated to third parties.

Confidentiality

Both Cairskin BV and the Client are obliged, for the duration of and after the termination of the Contract, to maintain confidentiality regarding all facts and particulars concerning the business which they know or can reasonably suspect are confidential. This duty of confidentiality also includes all details of employees, clients, commissioning bodies and other business contacts which are learned of by reason of the Assignment.

 

Privacy and cookies

Cairskin BV will store the details and information that the Client provides to Cairskin BV carefully and confidentially.

Cairskin BV may only use the personal details of the Client within the framework of the implementation of its obligation to supply, or of dealing with a complaint.

When visiting our website Cairskin BV can collect the information on the use of the website of the Client through cookies.

The information that Cairskin BV collects through cookies can be used for functional an analytical purposes. 

Cairskin BV is not permitted to lend out, hire out or sell the personal details of the Client, or to publicise them in any other manner.

 

If Cairskin BV is obliged to provide confidential information to third parties by virtue of a legal provision or court decision, and Cairskin BV cannot claim a legal right of immunity, or such a right recognised or permitted by the competent court in this respect, then Cairskin BV is not liable to pay compensation or grant indemnification. The Client is also not entitled to terminate the Contract by reason of any damage arising in this way.

 

The Client agrees that Cairskin BV may approach the Client for statistical or customer satisfaction research. If the Client does not wish to be approached for research, the Client may make this known.

 

Cairskin BV reserves the right to utilise the other details of the Client in anonymous form for (statistical) research and databases.

Newsletter

The Client can sign up for the newsletter.

The newsletter will keep the Client informed of the latest new and the most recent developments.

The Client will receive the newsletter by e-mail.

The Client can opt out in writing of though a hyperlink of the newsletter at any time. In this case the Client will receive no more messages. 

 

Interpretation, translation

The Dutch version of the General Terms and Conditions of Cairskin BV is the authentic version. This version of the General Terms and Conditions will take precedence in the event of the explanation or interpretation of the General Terms and Conditions. In the event of a difference in meaning or interpretation between the two versions, then the Dutch version of the General Terms and Conditions will prevail.

Amendment of the general terms and conditions 

Cairskin BV is entitled to amend the general terms and conditions unilaterally.

Amendments will also apply to Contract that are already concluded.

Cairskin BV will inform the Client by e-mail about the amendments.    

The amendments to the general terms and conditions will be in force thirty days after the Client is informed of the amendments. 

If the Client does not agree with the announced amendments, the Client is entitled to terminate the Contract.

Applicable law, disputes

Dutch law is exclusively applicable to all legal relationships to which Cairskin BV is a party. This also applies if an obligation is wholly or partly fulfilled outside of the Netherlands or if the Client has its place of business outside of the Netherlands.

The applicability of the Vienna Sales Convention (CISG) is excluded.

Disputes between Cairskin BV and the Client will only be submitted to the competent court in the Noord-Holland district, unless the law mandatorily prescribes otherwise.

 

Location

These General Terms and Conditions are filed at the Chamber of Commerce under number 77658949.

General Terms and Conditions Cairskin BV

General Terms and Conditions Cairskin BV

 

Drafted on 15 January 2019

General Terms and Conditions of Cairskin BV, established in Hoofddorp, the Netherlands, registered with the Chamber of Commerce under number 77658949.

Definitions

In these General Terms and Conditions, the following terms are used as defined below, unless explicitly stated otherwise.

General Terms and Conditions:

The General Terms and Conditions as stated below.

Cairskin BV:                              

Cairskin BV, registered with the Chamber of Commerce under number 77658949.

Honorarium:                             

The financial reimbursement that is agreed with the Client for the performance of the assignment.

Distance sales:                       

Every contract concluded between the Client and the Cairskin BV, where under an organised distance sales, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded, such as a website, telephone or other means of distance communication.

Contract:                                  

Any contract entered into between Cairskin BV and the Client.

Products:                                  

All items that are the subject of the Contract entered into between Cairskin BV and the Client.  

Voucher:                                  

A coupon, which meets the security features, which by handing without any payment of discount the product will be provided to the Client.

Client:                                      

The one who has accepted the validity of these General Terms and Conditions and has purchase the product.

Scope

These General Terms and Conditions apply to every quotation and Contract entered into between Cairskin BV and the Client, unless the parties are departed from the General Terms and Conditions explicitly and in writing.

These General Terms and Conditions are also applicable to contracts with Cairskin BV for the implementation of which third parties must be involved.

The applicability of any of the Client’s purchasing conditions or other general terms and conditions is expressly excluded.

If one or more provisions of these General Terms and Conditions are void or voidable, the other provisions of these General Terms and Conditions remain in effect. In this event, Cairskin BV and the Client will consult with each other to agree new provisions to replace the void or voided ones.

Departures from the Contract and the General Terms and Conditions are only valid if they are explicitly agreed with Cairskin BV in writing.

If Cairskin BV not always requires the strict compliance of these General terms and Conditions, this will not mean that the provisions of the General terms and Conditions will not apply, or that Cairskin BV to any degree would lose the right in other cases to demand the strict compliance of these General terms and Conditions. 

 

Offers

Offers should preferably be made in writhing and/or in electronic form, unless pressing circumstances make this impossible.

All offers are without obligation/non-binding, unless a period for acceptance is stated in the offer and/or quotation. If in the offer a period for acceptance is stated the offer or quotation will lapse after this period has expired.

The offer is valid as long as supplies last.

Cairskin BV cannot be held to its offer if the Client, in accordance with the requirements of reasonableness and fairness and generally accepted standards, should have understood that the offer or an element thereof contains a manifest fault or clerical error.

If the acceptance departs from the offer included in the offer, whether or not on points of minor importance, then Cairskin BV is not bound by this. The Contract then does not come into being in accordance with this differing acceptance, unless Cairskin BV indicates otherwise.

A composite offer does not oblige Cairskin BV to perform an element of the Assignment for a corresponding part of the stated price.

Offers do not automatically apply to future orders or reorders.

Product Usage

Always follow these important product guidance instructions:

1) If any irritation occurs, stop using and consult a doctor if necessary.

2) Do not use on damaged skin and avoid using on open scars.

3) Keep out of reach of children.

4) Keep in dry cool place, avoiding direct sunlight.

5) Be careful for sensitive skin to sticky patches or compresses.

6) Use immediately after opening, do not reuse.

Unless otherwise stated and to the fullest extent permissible by law, Cairskin disclaims all warranties, representations and conditions (whether express or implied) as to the veracity, accuracy, completeness, currency or any other aspects of any product claims or descriptions on this website which have been provided by to us by third parties (e.g. the relevant brand owners or customers reviews). Cairskin has not independently verified such product claims or descriptions. Customers and users who wish to rely upon such product claims, descriptions or customer reviews should consult directly with such third parties.
 

Formation of the contract

The Contract comes into being through the timely acceptance by the Client of Cairskin BV’s offer.

 

Duration of the contract

The Client and Cairskin BV may enter into a Contract for a limited period. The Client and Cairskin BV will agree the period in mutual consultation.

 

Amendments to the contract

If, during the implementation of the Contract, it becomes apparent that it is necessary to amend or supplement the Contract to ensure its proper implementation, then Cairskin BV will inform the Client of this as soon as possible. The parties will then amend the Contract in a timely manner and in mutual consultation.

If the parties agree that the Contract will be amended or supplemented, this can influence the time of the completion of the implementation. Cairskin BV will inform the Client of this as soon as possible.

If the amendment or supplementation of the Contract will have financial, quantitative and/or qualitative consequences, then Cairskin BV will inform the Client of this in advance.

If a fixed price is agreed, then Cairskin BV will indicate the extent to which the amendment or supplementation of the Contract will influence the price. In this event Cairskin BV will attempt, as far as possible, to issue a quotation in advance.

Cairskin BV may not make any additional charges if the amendment or supplementation is a consequence of circumstances that can be attributed to Cairskin BV.

Amendments to the Contract originally entered into between the Client and Cairskin BV are only valid from the time at which these amendments are accepted in writing by both parties by means of a supplementary or amended Contract.

 

Implementation of the contract

Cairskin BV is entitled to arrange for certain work to be carried out by third parties.

Cairskin BV is entitled to implement the Contract in phases.

If the Contract is implemented in phases, Cairskin BV is entitled to invoice and require payment for each implemented element separately.

If the Contract is implemented in phases, Cairskin BV is entitled to suspend the implementation of those elements that belong to the following phase or phases until the Client has approved in writing the results of the preceding phase.

If and for as long as this invoice is not paid by the Client, Cairskin BV is not obliged to implement the following phase, and is entitled to suspend the contract.

The Client will issue all information or instructions that are necessary for the implementation of the Contract, or which the Client can be reasonably expected to understand are necessary for implementation of the Contract, to Cairskin BV in a timely manner.

If the above-mentioned information and instructions are not issued, or not issued in a timely manner, then Cairskin BV is entitled to suspend the implementation of the Contract. The additional expenses that are incurred through the delay will be borne by the Client.

 

Prices and fees

The prices are expressed in euros inclusive of VAT, import and export duties, excise duties and other taxes or government levies, unless indicated otherwise.

The prices are exclusive of travel, accommodation, packaging, delivery, transportation costs and administration costs, unless indicated otherwise.

 

The prices and fees are inclusive of travel, accommodation, packaging, delivery, transportation costs and administration costs, unless indicated otherwise.

For shipments abroad extra fee will be charged. 

If a fee isn’t expressly agreed, the Honorarium and/or fee will determine by the actual amount of hours and the usual hourly fee of Cairskin BV.

Cairskin BV will provide a statement of all associated costs, or provide information on the basis of which these costs can be calculated by the Client, in a timely manner before the Contract is entered into.

 

Amendment prices

If Cairskin BV agrees a fixed price when the Contract is entered into, then Cairskin BV is entitled to increase this price, also when the price is not originally specified provisionally.

If Cairskin BV has the intention of amending the price, it will inform the Client of this as soon as possible.

If the increase of the price takes place within three months of the Contract being entered into, the Client can terminate the Contract by means of a written statement, unless:

  • the increase arises from a right of Cairskin BV or an obligation resting upon Cairskin BV in accordance with the law;

  • Cairskin BV is still prepared to implement the Contract on the basis of that which was originally agreed;

  • it is stipulated that the implementation will be carried out more than three months after the Contract was entered into

The Client is entitled to terminate the Contract if the price is increased more than three months after the Contract was entered into, unless it is stipulated in the Contract that the implementation will be carried out more than three months after the Contract was entered into.

Cairskin BV will inform the Client in the event of the intention to increase the fee, stating the extent of the increase and the date upon which it will take effect.

Distance sales

This provision will only apply to the Client in the capacity of Consumer.

In the event of distance sales delivery has to take place within thirty days. 

In the event of distance sales Cairskin BV has the right to oblige the Client to pay at most 50 percent of the Honorarium in advance. 

 

In the event of distance sales the Client has the right to withdraw the contract during a period of fourteen days, without giving any reason.

In the event of distance sales the Client has the right to withdraw the contract after thirty days, if Cairskin BV didn’t delivered the Product within thirty days, unless parties agreed to a different delivery period.

If Cairskin BV did not has provided the required information regarding the right of withdrawal or did not issued the information in the correct form, the Client has the right to terminate the Contract, without given any reason, during a period of three months after the Client received the Products of Cairskin BV. If the Cairskin BV will provided the Client with the above-mentioned information during the three months, the withdrawal period shall expire fourteen days after the day upon which the Client receives that information.

The Client can withdraw the contract by using the model form of Cairskin BV or in another manner chosen by the Client.

If the Client sends the goods back, the Client has to return the goods in a proper packaging with all accessories and in original condition. The shipping costs will be at risk and for the account of the Client. 

If the Client used his right to withdrawal the Contract, the Client is obliged to return the goods within fourteen days, because the Client informed Cairskin BV to withdrawal the Contract.

If the Client used his right to withdrawal the Contract, Cairskin BV will reimburse all payments, including the shipping costs, within fourteen days after the dissolution of the Contract. 

If the goods are not available, Royal Siganture will inform the Client of this as soon as possible and Royal Siganture will reimburse the payment within fourteen days. If Royal Siganture and the Client agree that a good of similar quality and price may be delivered, the shipping costs will be for the account for the Client. The foregoing is only applicable if the Client uses his right to terminate the Contract during the withdrawal period. 

The provisions of this article shall not apply if the Contract regards to 

  • products for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;

  • sealed goods for which were unsealed by the Client;  

  • hygienic products of which the Client has broken the seal;

  • products which are delivered  within the cooling-off period with the consent of the Client;

  • products that cannot be returned because of their nature;

  • products that rapidly can be decay or can become outdated;

  • products specifically made for the Client;

  • products custom made.

 

Delivery

Delivery takes place by giving the Client control over the goods. After the delivery the good are at risk of the Client. 

Delivery takes place at the address given by the Client.

The Client is obliged to accept the purchased goods at the moment they are available to him or when they be handed over to him.   

If the Client refuses to accept the goods at the place of delivery or the Client is negligent in providing data or instructions, which are necessary for the delivery, the goods which were intended for the delivery will be stored at the risk and expense of the Client, after Cairskin BV inform the Client of this.
 

Product Information

All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products.

 

Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition.

 

Cairskin BV does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Cairskin BV does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites.

 

Delivery periods                                              

The delivery will take place within a period stated by Cairskin BV.

If a period is agreed or stated for the delivery of the product, then this period is only indicative and is not to be regarded as a strict deadline.

 

If Cairskin BV needs information or instructions from the Client that are necessary for the delivery, then the delivery period will commence after the Client has provided these to Cairskin BV.

If a delivery period is exceeded, the Client must issue Cairskin BV written notice of default, whereby Cairskin BV will be offered a reasonable period to deliver the good.

A notice of default is not necessary if the delivery has become permanently impossible, or it otherwise becomes apparent that Cairskin BV will not meet its obligations arising from the Contract. If Cairskin BV does not delivery within this period, then the Client is entitled to terminate the Contract without judicial intervention and/or seeking compensation.

 

Passing of Risk

Until the moment the goods are brought under the Client’s control, the goods subject to the Agreement will be for the account and at the risk of Cairskin BV.

The risk of loss, damage or decrease in value of the goods that are subject to the Contract passes on to the Client in the capacity as a Consumer at the moment the goods are brought under the control of the Client in the capacity as a Consumer or a third party appointed by the Client.

 

Payment

Payment will take place by means of transfer to a bank account specified by Cairskin BV, unless agreed otherwise. Transfer will take place by means of an invoice.

Payment must be made in advance in a manner to be specified by Cairskin BV and in the currency in which the invoice is issued, unless agreed otherwise.

Cairskin BV and the Client may agree that payment be made in instalments in proportion with the progress of the work. If payment in instalments is agreed, the Client must make payment in accordance with the periods and percentages as established in the Contract.

The Client is not authorised to deduct any amount from the payable amount by reason of a counterclaim made by the Client.

Objections to the level of the invoice do not have the effect of suspending the payment obligations.

After the expiry of a period of 14 days after the invoice date, the Client will be, without a notice of default, by operation of law in default. The Client has to bear from the moment of default on the immediately claimable amount an interest at the rate of 2% per month, unless the statutory interest rate is higher.

In the event of bankruptcy, suspension of payment or placement under conservatorship, the amounts owed to Cairskin BV and the obligations of the Client towards Cairskin BV are immediately claimable.

 

Collection costs

If the Client is in default or in breach of the Contract in fulfilling its obligations (in a timely manner) then all reasonable costs incurred to obtain an out-of-court settlement are payable by the Client. The Client is in any event liable to pay the collection costs.

With regard to the extrajudicial (collection) charges, Cairskin BV is entitled  to a payment of the maximum sum that is determine in the  Payment of Extrajudicial Collection Charges Decree

Cairskin BV is only entitled to a reimbursement of extrajudicial collection charges after the Cairskin BV send the client a reminder to pay within 14 the outstanding invoice or invoices  after the client came into default.

Any reasonable legal costs and execution costs incurred are also payable by the Client.

 

Voucher

A Voucher can only be outsources at Cairskin BV.

The Client must carefully preserve the Voucher. There will be no compensation in case of theft or loss.  

A Voucher is valid during the period of validity. The period of validity is stated on the Voucher.   

Vouchers cannot be returned or exchanged for money.

In the case of distance of sale Vouchers can be returned within 14 days. After this period the Vouchers cannot be returned or exchanged for money.    

 

Retention of title

All items supplied by Cairskin BV within the framework of the Contract remain the property of Cairskin BV until the Client has properly fulfilled and fully complied with that which is required of it by virtue of the Contract.

Payable amounts also include the reimbursement of all charges and interest, including those of earlier or later supplies and services provided, as well as compensation claims due to breach of contract.

For as long as the ownership of the supplied items has not been transferred to the Client, the Client may not sell on, pledge or in any other way encumber that which falls under the retention of title, except within the normal conduct of its business.

 

Suspension

If the Client does not fulfil an obligation arising from the Contract, or does not meet it fully or in a timely manner, then Cairskin BV is entitled to suspend the corresponding obligation. In the event of partial or inadequate fulfilment, suspension is only permitted in so far as this is justified by the shortcoming.

 

Moreover, Cairskin BV is entitled to suspend the fulfilment of the obligations if:

  • after the Contract is entered into, Cairskin BV becomes aware of circumstances that give good grounds to fear that the Client will not fulfil its obligations;

  • the Client is requested, on entering into the Contract, to provide security for the fulfilment of its obligations arising from the Contract, and this security is not provided or is insufficient;

  • circumstances arise of such a nature that fulfilment of the Contract is impossible, or that the unamended maintenance of the Contract cannot be reasonably required of Cairskin BV.

 

Cairskin BV reserves the right to claim compensation.

 

Termination

If the Client does not fulfil an obligation arising from the Contract, or does not meet it fully, in a timely manner or properly, then Cairskin BV is entitled to terminate the Contract with immediate effect, unless the shortcoming, in view of its limited significance, does not justify the termination.

 

Moreover, Cairskin BV is entitled to terminate the Contract with immediate effect if:

  • after the Contract is entered into, Cairskin BV becomes aware of circumstances that give good grounds to fear that the Client will not fulfil its obligations;

  • the Client is requested, on entering into the Contract, to provide security for the fulfilment of its obligations arising from the Contract, and this security is not provided or is insufficient;

  • due to a delay on the part of the Client, Cairskin BV can no longer be required to fulfil the Contract under the originally agreed conditions;

  • circumstances arise of such a nature that fulfilment of the Contract is impossible, or that the unamended maintenance of the Contract cannot be reasonably required of Cairskin BV;

  • the Client is declared bankrupt, submits an application for a suspension of payment, requests the application of debt rescheduling for natural persons or is served with a writ of sequestration on all or part of its property;

  • the Client is placed under conservatorship;

  • the Client deceases.

 

Termination will take place by means of a written declaration, without judicial intervention.

If the Contract is terminated, the Client’s debts to Cairskin BV become immediately due and payable.

If Cairskin BV terminates the Contract on the above-mentioned grounds, Cairskin BV is not liable for any costs or compensation.

If the termination is attributable to the Client, the Client is liable for the damage suffered by Cairskin BV.

 

Force majeure

Breaches may not be attributed to Cairskin BV or the Client is they are not their fault, or if they are not accountable by law, juristic act, or according to the generally accepted standards. In this case the parties are also not bound to fulfil the obligations arising from the Contract.

In these General Terms and Conditions, the term “force majeure” is defined as – in addition to what is understood in law and jurisprudence in this regard – all external causes, foreseen or unforeseen, upon which Cairskin BV can exercise no influence and through which Cairskin BV is not able to fulfil its obligations.

Circumstances regarded as resulting in force majeure include strikes, lockouts, fire, water damage, natural disasters or other external contingencies, mobilisation, war, traffic congestion, blockades, import or export restrictions or other government measures, stagnation or delay in the supply of raw materials or machinery components and lack of labour forces, as well as any circumstances through which normal business operations are impeded, as a result of which the fulfilment of the Contract by Cairskin BV cannot be reasonably sought by the Client.

Cairskin BV is also entitled to invoke force majeure if the circumstance that hinders (further) fulfilment of the Contract occurs after Cairskin BV should have fulfilled its obligations.

In case of force majeure the parties are not obliged to proceed with the Contract, and are not bound to pay any compensation.

During the period that the force majeure continues, both Cairskin BV and the Client can fully or partly suspend the obligations arising from the Contract. If this period lasts for longer than 2 months, both parties are entitled to terminate the Contract with immediate effect, by means of a written notification, without judicial intervention and without the parties being able to claim any damages.

If the situation of force majeure is of a temporary nature, Cairskin BV reserves the right to suspend the agreed service for the duration of the situation of force majeure. In the event of permanent force majeure both parties are entitled to terminate the Contract without judicial intervention.

If at the time of the occurrence of force majeure Cairskin BV has already partly fulfilled, or will fulfil, its obligations arising from the Contract, and independent value accrues to the part fulfilled or to be fulfilled, then Cairskin BV is entitled to separately invoice the part already fulfilled or to be fulfilled. The Client is bound to pay this invoice as if there were a separate Contract.

 

Guarantees

Cairskin BV accordingly guarantees that the delivered goods will be conform with the Contract. Cairskin BV also guarantees that the delivered goods meet the usual requirements and standards that can be reasonably met and that the goods have the qualities, all circumstances taking into account, that are required for normal use.

The guarantee stated in these General Terms and Conditions applies to usage within and outside Europe.

The guarantee is valid for a period of one year from the moment of the delivery, unless the nature of the Product states otherwise of the parties agreed otherwise. After the period of the guarantee expiry all costs for repair or replacement, including administration, shipping and travel costs, will be charge to the Client.  

If the delivered Product has been produced by a third party, the third party will provide the guarantee, unless indicated otherwise.

 

If the delivered Product does not conform with the guarantee, company will, after notification of this, replace or repair the Product free of charge within a reasonable period.

When the guarantee period has expired, all costs of repair or replacement, including administrative, shipping and call-out charges, will be borne by the Client.

No form of guarantee covers damage caused by incompetent use or lack of care, or as a result of alterations made by the Client or by third parties, nor does Cairskin BV provide any guarantee for damage arising as a result of these defects.

 

The guarantee also becomes inoperative if the defect has arisen through or is a result of circumstances beyond the control of Cairskin BV. These circumstances include weather conditions. 

Examination and claims

The Client in the capacity of the company is obliged to examine the delivered goods at the time of delivery, but in any case within 60 days after the delivery. The Client must examine whether the quality and quantity of the delivered goods comply with what the parties agreed, at least meet the requirements that are common in trade.

Visible defects and shortcomings have to be reported within 60 days after the delivery in writing to Cairskin BV. The defective product must be returned together with the proof of purchase, unless this is impossible or unreasonably onerous. This applies for the Client in the capacity of a Company. 

Non-visible defects and shortcomings have to be reported within 60 working days after its discovery to Cairskin BV. The defective product must be returned together with the proof of purchase, unless this is impossible or unreasonably onerous.  

The right to (partial) restitution of the price, repair or replacement of the Product or compensation  lapses, if the defects will not be reported within the prescribed period, unless the nature of the Product states otherwise or from circumstances of the case a broader period arises. 

Any shipping costs incurred for returning the defective Product Cairskin BV will reimbursed if the Client requested Cairskin BV in writing to return the defective Product. Other costs than shipping costs will ever be reimbursed by Cairskin BV, unless agreed in writing. The shipping costs will never be reimbursed when the Client didn’t ask Cairskin BV in writing to send. 

The payment obligation will not be suspended if the Client reports the defect to Cairskin BV within the prescribed period. 

If the Client complaints in time, the Client will stay obliged to purchase and pay for the purchased goods, unless these goods have no independent value. 

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