Delivery Terms

DELIVERY TERMS Miss Jo Nails

Definitions

1. Miss Jo Nails: Miss Jo Nails located in Ede under Chamber of Commerce number 76355683.

2. Customer: the person with whom Miss Jo Nails has entered into an agreement.

3. Parties: Miss Jo Nails and customer together.

4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of delivery conditions

1. The terms of delivery apply to all work, orders, agreements for the delivery of services or products on behalf of Miss Jo Nails.

2. Parties may only deviate from these terms and conditions of delivery if they have expressly agreed to this in writing.

3. The parties expressly exclude the applicability of additional and/or deviating general and/or delivery conditions of the customer or third parties.

Sample and 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 and the sample or model matches.

Consequences of not paying on time

1. If the customer does not pay within the agreed period, Miss Jo Nails is entitled to charge the statutory interest of 2% per month for commercial transactions for nothing from the day the customer is in default, whereby part of a month will be charged for a whole month calculated.

2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to Miss jo Nails.

3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.

4. If the customer does not pay on time, Miss Jo Nails may suspend its obligations until the customer has fulfilled his payment obligation.

5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, Miss Jo Nails' claims on the customer are immediately due and payable.

6. If the customer refuses to cooperate with the execution of the agreement by Miss Jo Nails, he or she is still obliged to pay the full agreed price to Miss Jo Nails.

Right of advertising

1. As soon as the customer is in default, Miss Jo Nails is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer..

2. Miss Jo Nails invokes the right of recovery by means of a written or electronic communication.

3. As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right relates to Miss Jo Nails, unless the parties make other agreements about this..

4. The costs for retrieving or returning 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, under the conditions that::

   • The product has not been used.

   • It is not a product that can spoil quickly, such as food or flowers.

   • It is not a product that has been tailor-made or adapted especially for the consumer.

   • It is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.).

   • The seal of the delivered goods is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.).

   • The product is not a trip, ticket, catering order or form of leisure activity.

   • The product is not a magazine or newspaper.

   • It is not an emergency repair order.

   • The consumer has not waived the right of withdrawal.

2. The reflection period of 14 days as referred to in paragraph 1 commences:

   • On the day after the consumer has received the last product or part of 1 order.

   • As soon as the consumer has received the first product with a subscription.

   • As soon as the consumer has purchased a service for the first time.

   • As soon as the consumer has confirmed that he is going to purchase digital content from the internet.

The consumer can make his appeal to the right of withdrawal known via missjonails@gmail.com.

1. The consumer is obliged to return the product to Miss Jo Nails within 14 days after communicating his right of withdrawal, failing which his right of withdrawal will lapse..

Reimbursement and delivery costs

1. If the consumer has exercised his right of withdrawal in a timely manner and as a result has returned the complete order to Miss Jo Nails in a timely manner, Miss Jo Nails will refund any shipping costs paid by the consumer to the consumer within 14 days of receipt of the timely and completely returned order. refund the consumer.

2. Delivery costs will only be borne by Miss Jo Nails if the entire order is returned.

3. The delivery costs are determined by the delivery service.

Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order in a timely manner, the costs for returning the entire order will be borne by the consumer.

Right of retention

1. Miss Jo Nails can invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices with regard to Miss Jo Nails, unless the customer has provided sufficient security for those costs.

2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Miss Jo Nails.

3. Miss Jo Nails is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to offset a debt to Miss Jo Nails against a claim against Miss Jo Nails.

Retention of title

1. Miss Jo Nails remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations towards Miss Jo Nails, including claims regarding failure to comply with the agreement.

2. Until then, Miss Jo Nails can at any time invoke its retention of title and take back the goods.

3. Before ownership has been transferred to the customer, the customer may not pledge, sell, dispose of or otherwise store the products.

4. If Miss Jo Nails invokes its retention of title, the agreement will be deemed to have been dissolved and Miss Jo Nails will have the right to claim damages, lost profits and interest..

Delivery

1. Delivery takes place while stocks last.

2. Delivery takes place at Miss Jo Nails, unless the parties have agreed otherwise.

3. Delivery of products ordered online takes place at the address specified by the customer.

4. If the agreed amounts are not paid or are not paid on time, Miss Jo Nails has the right to suspend its obligations until the agreed part has been paid..

5. In the event of late payment, there is a creditor's default, with the result that the customer cannot object to Miss Jo Nails for late delivery.

Delivery time

1. The delivery times stated by Miss Jo Nails are indicative and do not entitle the customer to termination 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 Miss Jo Nails.

3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Miss Jo Nails cannot deliver within 14 days after being notified in writing or the parties have agreed otherwise.

Actual delivery

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

Delivery of goods on order

1. The customer is obliged to purchase the items produced on behalf of Miss Jo Nails.

2. If items have not been purchased by the customer after the delivery time has expired, they will remain at the disposal of Miss Jo Nails. Items not purchased are stored at the expense and risk of the customer. Miss Jo Nails may always use the authority of Article 6:90 of the Dutch Civil Code.

Delivery and transfer of risk

The risk of loss, damage or depreciation of a purchased item passes to the customer at the time the item is placed in the customer's control.

Transport costs

Transport costs are borne by the customer, unless the parties have agreed otherwise.

Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, the customer must have the forwarder or delivery person make a note of this before receiving the product, failing which Miss Jo Nails cannot be held liable for any damage.

2. If the customer arranges the transport of a product himself, he must report any visible damage to products or packaging to Miss Jo Nails prior to transport. Miss Jo Nails 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 resulting from premature or late purchase of products will be entirely borne by the customer.

Warranty

1. The warranty with regard to products only applies to defects caused by defective manufacturing, construction or materials..

2. The warranty does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper 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 is transferred to the customer at the time when they are legally and/or actually delivered, or at least come into the power of the customer or a third party. third party who receives the product on behalf of the customer.

Disclaimer

The customer indemnifies Miss Jo Nails against all claims from third parties related to the products and/or services supplied by Miss Jo Nails..

Complaints

1. The customer must examine a product or service provided by Miss Jo Nails as soon as possible for any shortcomings.

2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Miss Jo Nails of this as soon as possible, but in any case within 1 month after discovering the shortcoming..

3. Consumers must inform Miss Jo Nails within 2 months of discovering the shortcoming..

4. The customer provides a detailed possible description of the shortcoming, so that Miss Jo Nails is able to respond adequately.

5. The customer must demonstrate that the complaint relates to the agreement between the parties.

6. If a complaint relates to ongoing work, this cannot in any case mean that Miss Jo Nails can be obliged to perform work other than what was agreed..

Notice of default

1. The customer must notify Miss Jo Nails of any notice of default in writing.

2. It is the customer's responsibility that a notice of default actually reaches Miss Jo Nails (in a timely manner).

Joint and several liability of the customer

If Miss Jo Nails enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts they owe to Miss Jo Nails under that agreement..

Liability Miss Jo Nails

1. Miss Jo Nails is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.

2. If Miss Jo Nails is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.

3. Miss Jo Nails is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.

4. If Miss Jo Nails is liable, this liability is limited to the amount 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, colors, 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 Miss Jo Nails expires in any case 12 months after the event from which the liability arises directly or indirectly. 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 terminate the agreement if Miss Jo Nails imputably fails to fulfill its obligations, unless this failure, given its special nature or minor significance, does not justify termination.

2. If the fulfillment of the obligation by Miss Jo Nails is not permanently or temporarily impossible, dissolution can only take place after Miss Jo Nails is in default..

3. Miss Jo Nails has the right to terminate the agreement with the customer if the customer does not fully or timely fulfill his obligations under the agreement, or if Miss Jo Nails has become aware of circumstances that give him good reason to fear that the the customer will not be able to properly fulfill his obligations.

Force majeur

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Miss Jo Nails to fulfill any obligation towards the customer cannot be attributed to Miss Jo Nails in a situation independent of the will of Miss Jo Nails, as a result of which the fulfillment of its obligation towards the customer is wholly or partially hindered or as a result of which fulfillment of its obligations cannot reasonably be expected from Miss Jo Nails.

2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, transport problems, bad weather conditions and work stoppages.

3. If a force majeure situation occurs as a result of which Miss Jo Nails cannot fulfill 1 or more obligations to the customer, the obligations will be suspended until Miss Jo Nails can meet them again.

4. From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may terminate the agreement in writing in whole or in part..

5. Miss Jo Nails does not owe any (damage) compensation in a force majeure situation, even if Miss Jo Nails does not receive any benefits as a result of the force majeure situation.

Changes to the agreement

If, after concluding the agreement for its implementation, it appears necessary to change or supplement its contents, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

Changes to delivery conditions

1. Miss Jo nails is entitled to change or supplement these terms and conditions of delivery.

2. Changes of minor importance can be made at any time.

3. Miss Jo Nails will discuss major substantive changes with the customer in advance as much as possible.

4. A consumer is entitled to cancel the agreement in the event of a substantial change in delivery conditions.

Transfer of rights

1. Rights of the customer from an agreement between the parties cannot be transferred to third parties without the prior written consent of Miss Jo Nails.

2. DThis provision applies as a clause with property law effect as referred to in Article 3:83, Paragraph 2 of the Dutch Civil Code.

Consequences of nullity or voidability

1. If one or more provisions of these terms and conditions of delivery prove to be void 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 Miss Jo Nails had in mind when drawing up the conditions.

Applicability of law and competent court

1. These delivery conditions and every agreement between the parties are exclusively governed by Dutch law.

2. The Dutch court in the district where Miss Jo Nails is located has exclusive jurisdiction to hear any differences between the parties, unless the law urgently prescribes otherwise.

Applicable delivery terms

These delivery conditions apply since December 13, 2025.