General terms and conditions
Introduction
Below you will find our general terms and conditions. These apply when you make use of or place an order through our Website and contain important information for you as a customer. Therefore, make sure to read the terms and conditions carefully. Aditionally, we recommend you save or print the terms and conditions, so you can read them at a later time.
Definitions
Piercings Works: based in Amsterdam and registered at the Chamber of Commerce under registration number 05060748 operating under the name Piercings Works.
Website: the website of Piercings Works, to consult via Piercingsworks.com and all associated subdomains.
Customer: the natural or legal person or non-employed in the pursuit of an occupation of a company that deals with an agreement with Piercings Works and / or is registered on the Website.
Agreement: any agreement between Piercings Works and Customer, of which the agreement of the General Terms and Conditions form an integral part.
General Terms & Conditions: the present terms and conditions.
Applicability of Terms and Conditions
1. All Terms, Conditions and Supplies of Piercings Works are subject to the General Terms, unless expressly agreed otherwise in writing.
2. If Customer accepts, in its contract, confirmation or notice containing acceptance or terms or conditions that differ or are not contained in the General Terms, these are binding for Piercings Works only if and in so far as they have been explicitly accepted by Piercings Works in writing.
3. In the event that, in addition to these General Terms and Conditions, specific product or service terms and conditions apply, those conditions also apply, but Customer may, in the event of contradictory terms, always rely on the applicable provision that is most favorable to them.
Prices and information
1. All prices quoted on the Website and other materials of Piercings Works include VAT and, unless otherwise stated on the website, other charges imposed by government.
2. If shipping costs are counted, this will be clearly stated in time for the conclusion of the Agreement. In addition, these costs will be displayed separately in the ordering process.
3. The content of the Website has been compiled with the utmost care. However, Piercings Works can not guarantee that all information on the website is accurate and complete at all times. All prices and other information on the Website and other materials of Piercings Works are therefore subject to obvious programming and typing errors.
4. Piercings Works can not be held responsible for (color) deviations due to display quality.
Establishment Agreement
1. The Agreement is established at the time of acceptance by the Customer of the offer of Piercings Works and compliance with the conditions imposed by Piercings Works.
2. If Customer has accepted the offer by electronic means, Piercings Works will promptly acknowledge receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance is not confirmed, the Customer has the opportunity to dissolve the Agreement.
3. If it appears that in the acceptance or otherwise of the Agreement, Customer has provided incorrect information, Piercings Works is entitled to fulfill its obligation only after the correct information has been received.
4. Piercings Works may, within legal frameworks, inform whether Customer is able to meet its payment obligations, but also all the facts and factors that are relevant for the accountability of the Agreement. If, on the basis of this inquiry, Piercings Works has reasonable grounds for not entering into the Agreement, Piercings Works is entitled to refuse an order or request or to impose special conditions such as prepayment on performance.
Registration
1. In order to make full use of the Website, Customer may register via the Registration Form / Account Login on the Website.
2. During the registration process, Customer selects a username and password that allows him to log in to the Website after registration. Customer is responsible for choosing a sufficiently reliable password.
3. Customer must have his login credentials to keep his username and password strictly secret. Piercings Works is not responsible for the misuse of the login information, and it is always assumed that a Customer who logs on to the Website is actually the Customer. All that happens through Customer's account is under the responsibility and risk of the Customer.
4. If Customer knows or suspects that his / her credentials have been entered into by unauthorized persons, he or she must change his / her password as soon as possible and / or inform Piercings Works so that Piercings Works can take appropriate action.
Implementation Agreement
1. Once the order has been received by Piercings Works, Piercings Works shall send the products as soon as possible with due observance of paragraph 3 of this Article.
2. Piercings Works is entitled to enable third parties to perform the obligations arising from the Agreement.
3. The delivery period is, in principle, 14 calendar days. The manner of delivery can take place in different ways and is the choice of Piercings Works.
4. If Piercings Works can not deliver the products within the agreed term, it will inform Customer. In that case, the customer can agree to a new delivery date or he will be able to dissolve the Agreement free of charge.
5. Piercings Works recommends that Customer inspect the delivered products and report the defects identified in such time as possible, preferably in writing or by e-mail. See the Warranty and Compliance article.
6. As soon as the products to be delivered are delivered to the specified delivery address, the risk to these products will be transferred to Customer. If explicitly agreed otherwise, the risk is already transferred to Customer. If Customer decides to remove the products, there is a risk of transfer of the products.
7. Piercings Works is entitled to supply a similar product of similar quality as the ordered product, if ordered is no longer available. Customer is then entitled to dissolve the agreement free of charge and return the product free of charge.
Right of withdrawal / return
1. Customer has the right to dissolve the remotely agreed agreement with Piercings Works within 30 calendar days of receipt of the product without charge for any reason. The term expires on the day after the Customer, or a third party designated by him, who is not the carrier, received the product, or:
• If Customer has ordered multiple products in the same order: the date on which Customer, or a third party designated by him, has received the last product;
• if the delivery of a product consists of different consignments or parts: the date on which Customer, or a third party designated by him, has received the last shipment or the last item;
• For agreements for regular delivery of products for a certain period of time: the date on which Customer, or a third party designated by him, received the first product.
2. Only the direct costs for the return shipment will be borne by Customer. Customer must therefore bear the return costs. If these costs are higher than the regular postal rate, Piercings Works will estimate these costs.
Any Customer-paid costs for shipping and payment of the Product to Customer will be refunded to Customer by return of the entire order.
3. Within the period of withdrawal referred to in paragraph 1, Customer will carefully handle the product and the packaging. Customer will only open the package and use the product only as far as it is necessary to check the nature, characteristics and operation of products. The starting point here is that this inspection should not go beyond that Customer could in a physical store. Specially for Customers acting in pursuit of their profession or business, products may only be returned unused in unopened packaging.
4. Customer is solely responsible for impairment of the product resulting from a way of dealing with the product beyond that allowed in the previous paragraph.
5. Customer may terminate the Agreement in accordance with paragraph 1 of the time limit set forth in this Article by sending the Model Form for Revocation (Digital) to Piercings Works, or otherwise informing Piercings Works that he sees from the purchase. Piercings Works confirms receipt of that notification in case of a digital alert. After dissolution, Customer has 14 days to return the product. It is also possible to return the product immediately within the meaning of paragraph 1 of this Article, provided that the model form for revocation or other unambiguous declaration for revocation is enclosed.
Products can be returned to:
Piercings Works
Reguliersbreestraat 46
1017CN, Amsterdam
6. Amounts already paid by Customer (in advance) will be repaid to Customer in the same manner as that Customer has paid the order as soon as possible, but no later than 14 days after termination of the Agreement. If Customer has chosen a more expensive delivery method than the cheapest standard delivery, Piercings Works does not have to pay back the additional cost for the more expensive method.
Unless Piercings Works offers the product itself, Piercings Works may wait for repayment until Piercings Works has received the product or until Customer shows that he has returned the product, whichever is earlier.
7. On the Website, information on whether or not to apply for the right of withdrawal and any possible procedure will be clearly stated in time of conclusion of the Agreement.
Payment
1. Customer must pay payments to Piercings Works according to the payment methods indicated in the order process and possibly on the Website. Piercings Works is free in the choice of offering payment methods, and these may also change from time to time. In case of payment after delivery, Customer has a payment period of 14 days comming on the day after delivery.
2. If the Customer fails to meet his payment obligation(s) in good time, after Piercings Works has indicated that payment has been made late, Piercings Works has granted the Customer a 14-day deadline to meet its payment obligations , After the absence of payment within this 14-day term, owed the statutory interest on the amount owed and Piercings Works is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of 15% on outstanding amounts to € 2,500, =; 10% over the next € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =. Piercings Works may deviate from the above amounts and percentages for Customer's benefit.
Warranty and Conformity
1. This article applies only if there is a Customer who does not act in the exercise of his profession or business. If Piercings Works provides a separate warranty on the products, without prejudice to the justification, this applies to all types of Customers.
2. Piercings Works ensures that the products comply with the Agreement, the specifications specified, the reasonable requirements of validity and / or usability and the statutory and / or governmental requirements existing at the date of the conclusion of the agreement. If specifically agreed, Piercings Works also indicates that the product is suitable for other than normal use.
3. Piercings Works offers a 30 day guarantee on all purchases. The given warranty does not affect the legal rights and claims that the Customer already has and may claim under the Agreement.
4. If the delivered product does not conform to the Agreement, Customer shall notify Piercings Works within a reasonable time after having discovered the defect.
5. If Piercings Works considers the complaint to be sound, after consultation with Customer, the relevant products will be restored, replaced or reimbursed. The maximum remuneration is equal to the customer's price paid for the product, in accordance with the Product Liability.
Complaint procedure
1. If Customer has a complaint about a Product (in accordance with Warranty and Compliance Article) and / or other aspects of Piercings Works's Services, he may lodge a complaint with Piercings Works by telephone, e-mail or by post. See the contact details at the bottom of the Terms and Conditions.
2. Piercings Works will respond to Customer as soon as possible, but in any case within 14 days of receipt of the complaint. If it is not yet possible to give a substantive or final response, Piercings Works will confirm within 14 days of receipt of the complaint and indicate the term within which it expects to respond substantively or definitively to Customer's complaint .
Liability
1. This Article applies only if Customer is a natural or legal person acting in the exercise of his profession or business.
2. The total liability of Piercings Works against Customer for the alleged failure to comply with the Agreement is limited to reimbursement of up to the amount of the price (including VAT) for that Agreement.
3. Liability of Piercings Works against Customer for indirect damage, including in any case-expressly not exclusively-understood consequential loss, loss of profits, missed savings, loss of data and damage due to company stagnation is excluded.
4. Except in the cases mentioned in the previous two paragraphs of this Article, Piercings Works shall not be liable for any damages, regardless of the ground on which an action for damages would be based. However, the restrictions mentioned in this Article shall be voided if and in so far as damage is the result of intentional or gross negligence of Piercings Works.
5. The liability of Piercings Works against Customer for alleged failure to comply with a contract shall only be incurred if Customer forthwith and properly delivers a notice of default without delay, appropriately and in writing, providing a reasonable term for the remediation of the defect, and Piercings Works also remains short of compliance with its obligations after that term. The notice of default must contain as detailed a description of the shortcoming as possible, so that Piercings Works is able to respond adequately.
6. The condition for the occurrence of any right to compensation is always that Customer shall report the damage to Piercings Works in writing as soon as possible, but not later than 30 days after the date of its creation.
7. In the event of force majeure, Piercings Works is not required to compensate for any damage caused to Customer.
Retention of title
1. As long as Customer has not completed full payment for the entire agreed amount, all delivered goods will be owned by Piercings Works.
Personal data
1. Piercings Works processes the Personal Data of Customer in accordance with the Privacy Statement published on the Website.
Final Provisions
1. Dutch law is applicable to the Agreement.
2. To the extent required by mandatory rules, all disputes arising under the Agreement shall be submitted to the competent Dutch court in the district where Piercings Works is located.
3. If a provision in these General Terms and Conditions appears to be void, this does not affect the validity of the entire Terms and Conditions. The parties will in that case replace (a) new provision (s), which will allow as much as possible the purpose of the original provision.
4. Under "General Terms", these Terms and Conditions also mean communication by e-mail and fax, provided that the sender's identity and integrity of the e-mail are sufficiently secure.
To prevent any misunderstanding, piercingsworks.com points out the following with regard to this website ("the website"):
The website and all parts thereof, with the exception of certain (hyper-) links, are the property of piercingsworks.com. It is not permitted to make publicize, copy or store the site or parts of it without written permission from piercingsworks.com. This permission is not required for personal, non-commercial use.
Despite the constant care and attention that piercingsworks.com pays to the composition of the site, it is possible that information published on the site is incomplete and/or incorrect.
The information on the site is regularly supplemented and/or adjusted. piercingsworks.com reserves the right to make any changes with immediate effect and without notice.
All information, products and services are offered in the state in which they are and without any (implicit) warranty or guarantee with regard to their availability, reliability, suitability for a particular purpose or otherwise.
Certain (hyper)links on this site lead to websites outside the domain of piercingsworks.com, which are not owned by piercingsworks.com. If these links are activated, you will leave the website. piercingsworks.com assumes no liability for the content of websites outside the domain of piercingsworks.com.
piercingsworks.com excludes all liability for any direct or indirect damages of any kind arising out of or in any way related to the website.
The information on this website cannot be regarded as a substitute for a consultation by a doctor or licensed practitioner. Product information on this website has not been checked or verified by any regulatory authorities. The information on this website is not intended to diagnose, treat or cure any disease. If in doubt, always contact your attending physician or general practitioner.
Improvements and suggestions
piercingsworks.com appreciates reporting any language errors or inaccuracies.
Information, suggestions for improvement, and other materials and communications that piercingsworks.com receives as a result of its website are considered non-confidential and intended to be used freely by piercingsworks.com without further permission being required.
We love our job and it's very important to us that our clients are satisfied with our service. However, we cannot take responsibility if a client physically bumps their piercing and causes damage to their skin, nor can we take the risk if a client does not maintain their piercing according to the instructions we have given and sent via email. Additionally, we cannot take responsibility in case a client does not maintain their personal hygiene or has any health problems that they have not disclosed, which are directly related to the healing process of the piercing.
If a client loses their piercing within 7 days and it is determined to be our mistake, we are willing to provide a replacement at no cost.
Contact details
Should you have any questions, complaints or comments after reading these Terms and Conditions, please feel free to contact us in writing or by e-mail.
Piercings Works
Reguliersbreestraat 46
1017CN, Amsterdam
Tel: 020 4282049
Email: [email protected]
KvK: 05060748
VAT: NL806983942B01