Terms and Conditions

Terms and Conditions

Sheebalash.com

Definitions

  1. SHEEBA LASH, established in Amsterdam under Chamber of Commerce no. 84297409.
  2. Customer: the person with whom SHEEBA LASH has entered into an agreement.
  3. Parties: SHEEBA LASH and customer together.
  4. Consumer: a customer who is also an individual and who acts as a private person.

 Applicability of general terms and conditions

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

Prices

  1. All prices that SHEEBA LASH uses are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or otherwise agreed.
  2. All prices that SHEEBA LASH uses for its products or services, on its website or that are otherwise made known, can be changed by SHEEBA LASH at any time. 
  3. Increases in the cost prices of products or parts thereof, which SHEEBA LASH could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases. 
  4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

Samples/Models 

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. Via bovenstaand artikel kunnen we je de nieuwste jurken aanbevelen. Koop jurken in verschillende lengtes, kleuren en stijlen voor elke gelegenheid van je favoriete merken..

Consequences of not paying on time

  1. If the customer is in default, he also owes extrajudicial collection costs and any compensation to SHEEBA LASH. 
  2. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs. 
  3. If the customer does not pay on time, SHEEBA LASH may suspend its obligations until the customer has fulfilled its payment obligation. 
  4. In the event of liquidation, bankruptcy, seizure or suspension of payments on the part of the customer, SHEEBA LASH’s claims against the customer are immediately due and payable. 
  5. If the customer refuses to cooperate with the execution of the agreement by SHEEBA LASH, he is still obliged to pay the agreed price to SHEEBA LASH. 

Right of advertising

  1. As soon as the customer is in default, SHEEBA LASH is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
  2. SHEEBA LASH invokes the right to complain by means of a written or electronic communication.
  3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to SHEEBA LASH, unless the parties agree otherwise. 
  4. The costs for the return or return of the products will be borne by the customer.

Right of withdrawal

  1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
  2. the product has not been used
  3. it is not a product that can spoil quickly, such as food or flowers
  4. it is not a product that has been tailor-made or modified especially for the consumer
  5. it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
  6. the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.)
  7. the product is not a travel, transport ticket, catering assignment or form of leisure activity
  8. the product is not a loose magazine or newspaper
  9. it is not an (order for) emergency repair
  10. 10. the consumer has not waived his right of withdrawal
  11. The cooling-off period of 14 days as referred to in paragraph 1 starts:
    1. on the day after the consumer has received the last product or part of 1 order
    2. as soon as the consumer has received the first product with a subscription
    3. as soon as the consumer has purchased a service for the first time
    4. as soon as the consumer has confirmed that he will purchase digital content via the internet
  12. 12. The consumer can make his appeal to the right of withdrawal known via info@sheebalash.com, if desired using the withdrawal form that can be downloaded from the SHEEBA LASH website, www.Sheebalash.com.
  13. 13. The consumer is obliged to return the product to SHEEBA LASH within 14 days after the notification of his right of withdrawal, failing which his right of withdrawal will lapse. 
  14. 14. The costs for returns will be borne by you.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Right of retention 

  1. SHEEBA LASH can invoke its right of retention and in that case keep the customer’s products in its possession until the customer has paid all outstanding invoices with regard to SHEEBA LASH, unless the customer has provided sufficient security for those costs. 
  2. The right of retention also applies under previous agreements from which the customer still owes payments to SHEEBA LASH.
  3. SHEEBA LASH will never be liable for any damages that the customer may suffer as a result of using its right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt owed to SHEEBA LASH against a claim against SHEEBA LASH.

Retention of title

  1. SHEEBA LASH remains the owner of all delivered products until the customer has fully complied with all its payment obligations towards SHEEBA LASH under any agreement concluded with SHEEBA LASH, including claims for failure to perform.
  2. Until then, SHEEBA LASH can invoke its retention of title and take back the items. 
  3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products. 
  4. If SHEEBA LASH invokes its retention of title, the agreement will be deemed dissolved and SHEEBA LASH has the right to claim damages, lost profits and compensation. 

Delivery

  1. Delivery takes place while stocks last.
  2. Delivery takes place at SHEEBA LASH, unless the parties have agreed otherwise.
  3. Delivery of products ordered online takes place at the address indicated by the customer. 
  4. If the agreed amounts are not paid or not paid on time, SHEEBA LASH has the right to suspend its obligations until the agreed part has been paid. 
  5. In case of late payment, there is a default of creditors, with the result that the customer cannot object to SHEEBA LASH a late delivery.

Delivery time

  1. The delivery times specified by SHEEBA LASH are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
  2. The delivery time starts when the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from SHEEBA LASH.
  3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless SHEEBA LASH cannot deliver within 14 days after being summoned to do so in writing or the parties have agreed otherwise. 

Actual delivery

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

Transportation costs

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Packing and Shipping

  1. If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which SHEEBA LASH cannot be held liable for any injury.
  2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to SHEEBA LASH prior to transport, failing which SHEEBA LASH cannot be held liable for any damage. 

Storage

  1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
  2. Any additional costs as a result of early or late purchase of products will be fully borne by the customer.

Guarantee

  1. The warranty with respect to products only applies to defects caused by faulty manufacture, construction or material. 
  2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when these are legally and/or actually delivered, at least come under the control of the customer or of a third party who takes delivery of the product on behalf of the customer.  

exchange

  1. Exchange is only possible if the following conditions are met:
  2. exchange takes place within 14 days after purchase against presentation of the original invoice
  3. the product is returned in its original packaging or with the original (price) tags still attached
  4. the product has not yet been used
  5. Discounted items, non-perishable items such as foodstuffs, custom items or items specially adapted for the customer and cannot be exchanged.

Disclaimer

The customer indemnifies SHEEBA LASH against all third-party claims related to the products and/or services provided by SHEEBA LASH.

Complaints

  1. The customer must examine any product or service provided by SHEEBA LASH as soon as possible for any shortcomings.
  2. If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must inform SHEEBA LASH of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. 
  3. Consumers must notify SHEEBA LASH of the discovery of one or more shortcomings within 24 hours of receipt of the order.
  4. The customer provides as detailed a description as possible of the shortcoming, so that SHEEBA LASH is able to respond adequately. 
  5. The customer must demonstrate that the complaint relates to an agreement between the parties.
  6. If a complaint relates to ongoing work, this can in any case not lead to SHEEBA LASH being obliged to perform other work than has been agreed.

Notice of default

  1. The customer must notify SHEEBA LASH of any notice of default in writing.
  2. It is the customer’s responsibility that a notice of default actually reaches SHEEBA LASH (on time). 

Joint and several liability customer

If SHEEBA LASH enters into an agreement with multiple customers, each of them will be jointly and severally liable for the full amounts owed to SHEEBA LASH under that agreement.

Liability  SHEEBA LASH

  1. SHEEBA LASH is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.  
  2. If SHEEBA LASH is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
  3. SHEEBA LASH is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
  4. If SHEEBA LASH is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability relates.
  5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiration period

Any right of the customer to compensation from SHEEBA LASH expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Right to dissolution

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

Force of the majority

  1. In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure by SHEEBA LASH in the fulfillment of any obligation with regard to the customer cannot be attributed to SHEEBA LASH in a situation independent of the will of SHEEBA LASH, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from SHEEBA LASH. 
  2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 
  3. If a force majeure situation arises as a result of which SHEEBA LASH cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until SHEEBA LASH can fulfill them again. 
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 
  5. SHEEBA LASH does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.

Amendment of the agreement 

If after the conclusion of the agreement for its implementation it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.

Change of terms and conditions

  1. SHEEBA LASH is entitled to change or supplement these general terms and conditions. 
  2. Minor changes can be made at any time. 
  3. SHEEBA LASH will discuss major substantive changes with the customer in advance as much as possible.
  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

Transfer of rights

  1. Customer rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of SHEEBA LASH. 
  2. This provision applies as a stipulation with property law effect.

Consequences of nullity or voidability

  1. If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions. 
  2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what SHEEBA LASH had in mind when drafting the conditions on that point.

Prepared on 07/29/2022.