Algemene voorwaarden tyro

Article 1. General 
Article 2. Offers and formation of agreements 
Article 3. Prices / Price increase 
Article 4. Delivery 
Article 5. Delivery time 
Article 6. Dissolution 
Article 7. Force majeure 
Article 8. Warranty 
Article 9. Payment 
Article 10. Retention of title 
Article 11. Privacy 
Article 12. Intellectual property rights 
Article 13. Applicable law

Article 1. General

1.1 The term 'TYRO' in these general sales conditions means: the webshop of TYRO Cosmetics (a trade name of Special Cosmetics BV). 
1.2 These conditions are part of all offers and agreements with TYRO to the extent that this has not been expressly deviated from in writing. 
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by TYRO. 
1.4 In the event that the Conditions and an Agreement contain mutually conflicting clauses, the Agreement shall prevail. 
1.5 If any part of the Terms and Conditions is void or is nullified, the other provisions of the Terms and Conditions will remain in full force and parties will be bound to make an effort to determine in good consultation a replacement clause that is valid and the original intentions. approaching parties as much as possible. 

Article 2. Offers and formation of agreements 

2.1 All offers are without engagement, unless otherwise stated by TYRO. 
2.2 Agreements for the delivery of goods and / or services will only bind TYRO after written confirmation. Actual execution by TYRO or an order confirmation email and / or invoice sent by TYRO is equivalent to a written confirmation of the offer. 
2.3 If within 14 days, also in writing, the correctness of the content of this written confirmation is disputed, TYRO and customer are bound to this. 
2.4 Offers from TYRO do not automatically apply to repeat orders. 
2.5 TYRO can not be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or error. 
2.6 Additions, changes and / or further agreements are only valid if agreed in writing. 

Article 3. Prices / Price increase 

3.1 All prices are expressed in euros, including sales tax (VAT), unless otherwise indicated. These prices apply to shipping within the Netherlands. For shipments abroad, any import duties and local taxes are for the account of the buyer. 
3.2 TYRO guarantees that price increases will not take place after the order has been made, unless the price increase is the result of statutory regulations and / or provisions. 
3.3 With an order less than €50, - including VAT, a contribution in shipping and handling costs of €2.95 will be charged. 
3.4 For orders above €50, - including VAT, no shipping and administration costs will be charged. 
3.5 Different shipping costs apply to the Pro cardholder. For this, an order of less than €100, - including VAT, will be charged in the shipping and handling costs of €5.95. With an order of more than €100, - no shipping costs will be charged. 

Article 4. Delivery 

4.1 If items are available from stock, they will be presented to the carrier within 1 working day after order for shipment. carrier (this period may be longer around public holidays). A longer term may apply for the creation of school packages. To send ordered items, TYRO may charge shipping costs. The delivery of ordered items takes place at the postal address known to TYRO (not a PO Box), not being of a temporary nature, and issued to the natural person at the delivery address. 
4.2 If the customer refuses the purchase or is negligent with the provision of information or instructions necessary for the delivery, the articles will be stored for a maximum of 60 days at the expense and risk of the buyer. 
4.3 The delivery obligation of TYRO will, subject to proof to the contrary, be met as soon as the goods delivered by TYRO have been presented to the customer once (regardless of whether the buyer is present). In the case of home delivery, the report of the carrier, which implies the refusal of acceptance, serves as full proof of the delivery offer, subject to proof to the contrary. 
4.4 In the event of refusal of the offered goods, return freight and storage costs, as well as the risk of damage or loss of the refused goods, will be fully at the expense of the customer, unless the customer is entitled to dissolution of the purchase or replacement of the item.  

Article 5. Delivery time

5.1 A delivery time stated by TYRO can never be regarded as a deadline. The delivery time starts first after all the necessary data are in the possession of TYRO, after which TYRO will try to offer the goods to the carrier within 1 working day. 
5.2 Within the scope of the rules of the distance purchase, TYRO (contractor) will execute orders expeditiously, but at least within 30 days. If this is not possible (because the order is not in stock or no longer available), or there is a delay for other reasons, or an order can not or only partially be executed, then the consumer (client) will receive within 30 days after delivery. placement of the order message and in that case he has the right to cancel the order without costs and notice of default. 

Article 6. Dissolution 

6.1 Without prejudice to the rights of TYRO on the basis of the law, TYRO is entitled to suspend or terminate the agreement in whole or in part by means of a written statement to that end, with the right to compensation vis-à-vis the customer. . If after the conclusion of the agreement TYRO comes to know circumstances that give TYRO good grounds to fear that the customer will not fulfill his obligations or if TYRO has requested security when concluding the contract. for the performance and this security remains out or is insufficient (in spite of summons) as well as in case of bankruptcy of the buyer, an own request for bankruptcy by the buyer, suspension of payment, liquidation or a decision to do so, full or partial transfer of the buyer's business or confiscation of any part of his assets. 
6.2 If circumstances arise with regard to persons and / or materials of which TYRO uses or commits to the performance of the agreement, which are of such a nature that the execution of the agreement is impossible or so inconvenient and / or or it becomes disproportionately expensive that compliance can not reasonably be expected, TYRO is authorized to dissolve the agreement in writing. 
6.3 The customer is entitled to dissolve the agreement with the delivered goods on the basis of an order with TYRO, if there is a consumer purchase, in accordance with article 7: 5 of the Dutch Civil Code, within a period of 14 days without giving any reason to terminate the agreement. unless expressly agreed otherwise. This period starts at the moment the ordered items are delivered. If the customer has not returned the delivered goods to TYRO within 14 days after termination, the purchase is a fact. The customer is obliged, before proceeding to return, within the period of 14 days after delivery to make mention at TYRO. The customer must prove that the delivered goods have been returned in time (no later than 14 days after dissolution), for example by means of proof of mail delivery. The return of the delivered goods is entirely at the expense and risk of the buyer. Return of the goods must be in the original packaging (including accessories and accompanying documentation) and in a new condition. If the goods have been used by the customer, encumbered or damaged in any way, the right to dissolution within the meaning of this paragraph will lapse. With due observance of what has been stipulated in the previous sentence, TYRO confirms upon receipt and control of the returned goods the dissolution of the purchase by return and ensures that within 14 days after return shipment, the full purchase price will be refunded to the customer free of charge. 

Article 7. Force majeure 

7.1 Force majeure is understood in addition to that which is understood in the law and jurisprudence, all circumstances to which TYRO has no influence and which impede the delivery of goods or make it impossible, including but not limited to strike at TYRO and / or suppliers, faults in the Internet or WAP, faults in the electricity, faults in e-mail traffic and faults or changes in technology provided by third parties. 
7.2 An appeal to force majeure can also be made if the circumstance that prevents (further) performance occurs after TYRO should have fulfilled the obligation. 
7.3 If the period in which fulfillment of the obligation by TYRO is not possible due to force majeure lasts longer than 2 weeks, both parties are entitled to dissolve the agreement, without there being any obligation to pay compensation. 
7.4 If TYRO has already partially fulfilled its obligations on the occurrence of the force majeure, or can only partly fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice. as if it were a separate contract. However, this does not apply if the already delivered or deliverable part does not have an independent value. 

Article 8. Warranty 

8.1 TYRO offers no extended warranty on goods delivered than the warranty (conditions) of the manufacturer of these goods, without however affecting the rights of the customer resulting from mandatory legal provisions. 
8.2 The customer is obliged to immediately inspect the delivered goods upon receipt. If it appears that the delivered item is wrong, inadequate or incomplete, then the customer (before proceeding to return to TYRO) must immediately report these defects in writing to TYRO. Any defects or incorrectly delivered goods must and can be reported to TYRO in writing within 14 days after delivery. Any defects that appear during use can be reported in writing up to a maximum of 60 days. Return of the goods must be in the original packaging (including accessories and accompanying documentation) and in a new condition. Commissioning after detection of failure, damage arising after detection of failure, encumbrance and / or resale after detection of defect, does this right to complain and return completely invalid. 
8.3 If complaints from the customer are found to be well-founded by TYRO, TYRO will at its option either replace the delivered goods free of charge or make a written arrangement with the customer about the compensation, on the understanding that the liability of Make- up Studio Amsterdam and therefore the amount of compensation is always limited to a maximum of the invoice amount of the relevant items, or (at the option of TYRO) to the maximum amount covered by the liability insurance of TYRO in the relevant case. Any liability of TYRO for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential loss or damage due to lost profits. 
8.4 This warranty does not apply if: A) and as long as the customer is in default towards TYRO; B) the customer has repaired the delivered goods himself and / or processed or has third parties repaired or processed. C) the delivered goods that are treated carelessly or in contravention of the instructions of TYRO and / or instructions on the packaging; D) the defect is wholly or partially the result of regulations that the government has made or will make regarding the nature or the quality of the materials used; 
8.5 TYRO is not liable for damage caused by intent or equivalent conscious recklessness of non-managerial staff. 
8.6 The customer can write questions and / or complaints to TYRO, Samsonweg 22, 1521 RC Wormerveer or mail to: info@specialcosmetics.nl. Complaints are usually dealt with within 30 days. If this is not possible for any reason, the customer will be informed of the delay period 

Article 9. Payment 

9.1 Payment must be made through direct internet payment. Payment in installments is not possible. 
9.2 In the event of bankruptcy or suspension of payment of the customer or an application thereto, the claims of TYRO and the obligations of the customer vis-à-vis TYRO will be immediately due and payable. 
9.3 If TYRO has to hand over its claim for collection, the customer will owe a fixed amount of 15% of the owed extrajudicial collection costs, with a minimum amount of €250.00. 
9.4 If TYRO can demonstrate that it has incurred higher costs that were reasonably necessary, these will also qualify for reimbursement. 

Article 10. Retention of title 

10.1 The ownership of all items sold and delivered by TYRO to the customer remains with TYRO as long as the customer has not fulfilled the claims of TYRO under the agreement or earlier or later similar agreements, as long as the the customer has not yet paid the work performed or yet to be performed from these or similar agreements and as long as the customer has not yet paid the claims of TYRO due to shortcomings in the fulfillment of such obligations, including claims in respect of fines, interest and costs. 
10.2 The items delivered by TYRO that fall under the retention of title may only be resold within the framework of normal business operations and may never be used as a means of payment. 
10.3 The customer is not entitled to pledge the goods falling under the retention of title or encumber them in any other way.
10.4 The customer gives unconditional and irrevocable consent to TYRO or a third party to be appointed by TYRO, in all cases in which TYRO wishes to exercise her property rights, to enter all those places where her property is located. then will be there and take those things there. 
10.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to inform TYRO of this as soon as reasonably may be expected. 
10.6 The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available to TYRO on first request. 

Article 11. Privacy 

11.1 TYRO respects the privacy of the online visitors to its website and is the sole owner of the information obtained through this website, unless stated otherwise. This information is not sold, shared or rented by TYRO to third parties in any other way than stated in the privacy statement. 
11.2 Information from which the identity of an online visitor can be derived from the TYRO website is voluntarily provided by the visitor. This information can be used within TYRO (and all its subsidiaries and brands) with the aim of making visits to our websites as simple and enjoyable as possible. In addition, this information may be used for analysis and providing information about the product portfolio of TYRO. The customer gives explicit permission for this. TYRO is entitled to disclose information about a visitor in special cases, when there is reason to believe that disclosure of that information is necessary to identify, contact or initiate proceedings against someone who deliberately or intentionally harms the rights or property of TYRO, other users of its website or others who may suffer damage, or causes damage to it. TYRO is entitled to release information about users when we believe in good faith that the law requires this. 
11.3 TYRO collects non-personal information about our online visitors in order to determine the total number of visitors to the website, as well as the type of Internet browser and operating system used. Personal data can be removed at the request of the online visitor if this does not require a disproportionate effort or costs for TYRO. 

Article 12. Intellectual property rights 

12.1 Unless expressly agreed otherwise in writing, the entire copyrights and all other intellectual and industrial property rights relating to the items or services supplied by TYRO, such as trademark rights, design rights, patent rights, sui generis database rights, etc., shall be exclusively at TYRO and / or its suppliers. 
12.2 The content on this site, such as text, images, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of TYRO or the content suppliers and is protected by international copyright laws. 

Article 13. Applicable law 

Only Dutch law applies to all offers and agreements of TYRO. The applicability of the Vienna Sales Convention is explicitly excluded.