Terms of service

Last updated: [TO BE FILLED date after legal review]

These terms and conditions apply to all offers from and agreements with Special Cosmetics BV, trading as Our Store Studio Amsterdam.

[Base: existing terms in 13 articles. The version below carries substantive corrections to Article 6.3 (withdrawal) and to the delivery articles (3.1, 4). Final publication requires legal review.]

ARTICLE 1. GENERAL
1.1 In these terms, 'Our Store Studio Amsterdam' means the webshop of Our Store Studio Amsterdam Professional Our Store (a trade name of Special Cosmetics BV).
1.2 These terms form part of all offers and agreements unless expressly deviated from in writing.
1.3 Third-party terms are not recognised unless accepted in writing.
1.4 In case of conflict between these terms and the agreement, the agreement prevails.
1.5 If any provision is void, the remaining provisions remain in force.

ARTICLE 2. OFFERS AND CONCLUSION OF AGREEMENTS
2.1 All offers are without obligation unless expressly stated otherwise.
2.2 Agreements bind Our Store Studio Amsterdam only after written confirmation. An order confirmation email or invoice qualifies as written confirmation.
2.3 If the accuracy of the confirmation is not disputed in writing within 14 days, both parties are bound.
2.4 Offers do not automatically apply to repeat orders.
2.5 Obvious errors do not bind Our Store Studio Amsterdam.
2.6 Amendments are valid only if agreed in writing.

ARTICLE 3. PRICES AND PRICE INCREASES
3.1 All prices are in euros, including VAT. These prices apply to shipments within the Netherlands. [TO BE REVIEWED DE delivery: VAT treatment and price display for Germany must still be completed. For other international shipments, any import duties and local taxes are for the buyer's account.]
3.2 No price increases follow after the order has been placed, except pursuant to statutory rules.
3.3 For orders below €50 incl. VAT, a €2.95 shipping and administration fee applies. [TO BE REVIEWED DE: differing shipping fee for Germany.]
3.4 For orders above €50 incl. VAT, no shipping fee applies (NL). [TO BE REVIEWED DE.]
3.5 Pro-card holders: €5.95 under €100, free above €100.

ARTICLE 4. DELIVERY
4.1 Items in stock are offered to the carrier within one working day. Longer times apply around holidays and for makeup school packages. Delivery is to the specified postal address (no PO boxes) within the delivery area. [TO BE REVIEWED expand delivery area to Germany; add DE delivery times.]
4.2 If the buyer refuses delivery, goods are stored for up to 60 days at the buyer's expense and risk.
4.3 The delivery obligation is fulfilled once the goods have been offered once.
4.4 Return freight and storage costs upon refusal are for the buyer's account unless the buyer validly invokes the right of withdrawal or replacement.

ARTICLE 5. DELIVERY TIME
5.1 Stated delivery times are indicative. The delivery time starts once all necessary data are available.
5.2 Within the framework of distance selling, Our Store Studio Amsterdam delivers with due speed but at least within 30 days. In the event of delay, the consumer may cancel the order free of charge.

ARTICLE 6. DISSOLUTION AND WITHDRAWAL
6.1 Without prejudice to statutory rights, Our Store Studio Amsterdam may suspend or dissolve the agreement in the event of well-founded fear of non-performance, bankruptcy, suspension of payment or comparable circumstances on the buyer's part.
6.2 In the event of force majeure making performance impossible or unreasonably burdensome, Our Store Studio Amsterdam may dissolve the agreement in writing.

6.3 CONSUMER RIGHT OF WITHDRAWAL (rewritten to comply with Art. 6:230o and 6:230p Dutch Civil Code)
The consumer has the right to withdraw from the agreement within 14 days without giving any reason. This period starts on the day the consumer (or a third party designated by the consumer, other than the carrier) has taken physical possession of the goods. In case of multiple goods delivered separately, the period starts on the day the last item is received.

To exercise the right of withdrawal, the consumer notifies Our Store Studio Amsterdam through an unambiguous statement. This can be done via:
- the digital withdrawal button at /herroeping (recommended you will receive a reference number as proof);
- the model withdrawal form (see /herroeping); or
- an email to info@specialcosmetics.nl.

During the cooling-off period the consumer may unpack and inspect the product to the extent permitted in a physical shop. The consumer is only liable for any diminished value resulting from handling that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods (Art. 6:230s(3) DCC). The previous wording 'in new condition, unused' is inconsistent with the law and is hereby removed.

Statutory exception hygienic seal (Art. 6:230p(f)(2) DCC): there is no right of withdrawal for sealed goods which are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery. This applies to mascara, lipstick, eye pencils and other cosmetics whose product seal has been removed.

The consumer returns the goods within 14 days after the withdrawal notice. Return shipping costs are for the consumer's account, unless the shipment resulted from an error by Our Store Studio Amsterdam. Our Store Studio Amsterdam refunds the purchase price including the delivery costs paid by the consumer (for the cheapest standard offering) within 14 days via the same payment method, unless agreed otherwise.

ARTICLE 7. FORCE MAJEURE
7.1 Force majeure includes all circumstances beyond Our Store Studio Amsterdam's control that hinder or prevent performance, including strikes, internet, power or email outages, and disruptions at suppliers.
7.2 A force-majeure defence is available even after performance became due.
7.3 If force majeure lasts more than two weeks, both parties may dissolve the agreement without liability for damages.
7.4 Already-delivered partial performances may be invoiced separately unless they lack independent value.

ARTICLE 8. WARRANTY
8.1 Our Store Studio Amsterdam offers no broader warranty than the manufacturer's, without prejudice to mandatory consumer rights.
8.2 The buyer inspects delivery upon receipt. Visible defects must be reported in writing within 14 days; hidden defects within 60 days after discovery.
8.3 Founded complaints lead at Our Store Studio Amsterdam's discretion to free replacement or an agreed compensation, limited to at most the invoice amount or the coverage of our liability insurance.
8.4 The warranty lapses if: (a) the buyer is in default, (b) goods have been repaired or altered by the buyer or third parties, (c) goods have been used carelessly or contrary to instructions, or (d) the defect results from government regulations.
8.5 Liability for intent or gross negligence of non-managerial staff is excluded.
8.6 Complaints can be sent to Special Cosmetics BV, Samsonweg 22, 1521 RC Wormerveer, or by email to info@specialcosmetics.nl. Complaints are usually handled within 30 days.

ARTICLE 9. PAYMENT
9.1 Payment is made through the offered online payment methods. Instalment payment is available via Klarna, subject to Klarna's terms.
9.2 In case of bankruptcy or suspension of payment, Our Store Studio Amsterdam's claims become immediately due.
9.3 Extrajudicial collection costs are 15% of the outstanding amount, with a minimum of €250 (for business customers). For consumers, the Dutch Extrajudicial Collection Costs Decree applies.
9.4 Demonstrably higher costs are also eligible for reimbursement.
9.5 Credit card payments (VISA, Mastercard) are processed and charged immediately upon verification.

ARTICLE 10. RETENTION OF TITLE
10.1 All goods delivered remain the property of Our Store Studio Amsterdam until the buyer has met all its obligations.
10.2 Resale of goods under retention of title is only permitted in the ordinary course of business.
10.3 Pledging or otherwise encumbering the goods is not permitted.
10.4 Our Store Studio Amsterdam reserves the right to collect its property; the buyer grants irrevocable permission for this.
10.5 Any third-party seizure must be reported immediately.
10.6 The buyer insures the goods against fire, explosion, water damage and theft.

ARTICLE 11. PRIVACY
11.1 We process personal data in accordance with the GDPR. See the separate privacy policy at /privacy for full information.
11.2 Data are not sold, shared or rented other than as described in the privacy policy.

ARTICLE 12. INTELLECTUAL PROPERTY
12.1 All copyrights and other intellectual property rights in delivered goods and website content vest in Our Store Studio Amsterdam or its suppliers.
12.2 Site content (text, images, logos, audio, software, databases) is protected by international copyright law.

ARTICLE 13. GOVERNING LAW
All offers and agreements are governed exclusively by Dutch law. The applicability of the Vienna Sales Convention is expressly excluded. For consumer disputes with buyers domiciled in Germany, the mandatory consumer-protection provisions of German law apply [TO BE REVIEWED legal review of DE law].