Terms and Conditions

General Terms and Conditions of Sale JACKY M Iconic Beauty.

Article 1. General provisions

These general terms and conditions apply to all offers, agreements and all subsequent actions between JACKY M Iconic Beauty, hereinafter referred to as: JACKY M and you, the customer. These terms and conditions also apply if JACKY M buys/sells products/services from third parties and delivers them to you.
Your terms and conditions expressly do not apply.
If any provision in these terms and conditions is void or destroyed, the remaining provisions will remain valid. You must agree to new provisions. These will match the old void or nullified provisions as closely as possible.
The provisions of the agreement take precedence if they conflict with the provisions of these general terms and conditions.

Article 2. When is there an agreement?

All offers of JACKY M are without obligation and are valid for 30 days, unless the offer states otherwise. The offer is based on the information provided by you. If it turns out that this information is incorrect, JACKY M may adjust the offer and the costs will be charged to you.
Sizes, weights, images, drawings, technical and/or chemical specifications, type, quantity, composition and quality, included in the offer, are approximate.
You can place an order via the webshop, written order or by agreeing in writing to an offer made by JACKY M. When you accept an offer, JACKY M will send you a written order confirmation. The agreement is established after the written confirmation or when JACKY M actually starts the work.
When you place an order on the basis of the price lists provided by JACKY M, you will receive a written confirmation from JACKY M. The agreement is established after receipt of the written confirmation from JACKY M or by the actual start of the delivery by JACKY M.
If a change in the agreement results in higher costs, JACKY M may pass these on to you. You cannot derive any rights from previous offers or advertising material made by JACKY M.

Article 3. How does the delivery work?

JACKY M will deliver each service as agreed upon in writing and JACKY M may use third parties for this purpose.
The agreed term of delivery is not a deadline. The delivery term starts at the moment the agreement is established, provided that all necessary data have been received and any desired payment security has been given.
The risk of the products will transfer from JACKY M to you the moment the products come into your actual control or that of your helper.
The products will be delivered by JACKY M ex works unless otherwise agreed upon.
You must accept the products when JACKY M indicates that they are ready for acceptance. If you refuse to take delivery or do not provide sufficient information necessary for delivery, the products will be stored by JACKY M at your risk. You will owe the additional costs, including in any case storage costs.
JACKY M may deliver a divisible order in two or more parts.
The costs of delivery, including packaging, will be payable by you. These costs are included in the price lists you receive from JACKY M.

Article 4. What can you expect from JACKY M?

JACKY M will carry out its work to the best of its knowledge, experience and science, with care. JACKY M will look after your interests to the best of its ability.
JACKY M will treat all your data confidentially, as far as JACKY M should know.
JACKY M holds at all times the right to change prices, package contents, models and colors, or to withdraw products from sale.

Article 5. What are your obligations?

You must provide all data that JACKY M needs to properly carry out its work in a timely and complete manner. You are responsible for ensuring this data is correct. If delays occur in the execution of the agreement and these delays are attributable to you, all costs and damages resulting from this will be at your expense and risk. You are obliged to inspect and check delivered products immediately upon receipt. Any objections, defects, or deficiencies must be reported to JACKY M immediately (within two days) in writing. Without such notification, the products in question are deemed to have been delivered without damage, defects, or deficiencies, and it is assumed that JACKY M has delivered in accordance with the agreement. Complaints regarding defects and/or deficiencies that are not immediately visible must be reported in writing to JACKY M immediately (within two days) after discovery so that JACKY M can investigate the complaint. Reporting a complaint does not suspend your payment obligation. When JACKY M cannot replace a product it has identified as defective, you will receive a price reduction proportionate to the decrease in value of the products due to defects. If you wish to take samples of the products, you must agree to this with JACKY M in advance. Sampling is done under your responsibility. It is not permitted to provide training in products and systems that JACKY M markets or to sell these without prior written permission from JACKY M. You may also not place products or product lines on the internet without written permission from JACKY M. Use of or working with products must be stopped immediately if itching, reddening of the skin, or the development of blisters occurs. JACKY M advises you and end users to contact a doctor in case of asthma or pregnancy.

Article 6. What are the costs of JACKY M products?

The costs you must pay in euros are specified in the agreement. This price applies to the product as long as stock lasts. All costs are exclusive of VAT. Also, other government-imposed levies, transport and delivery costs (including local import duties, taxes, and government inspections), travel and accommodation expenses abroad, use of special installations are not included. JACKY M has the right to change the price during the contract period due to price developments. This includes, among other things: changes in taxes, levies, wages, social security contributions, exchange rates, energy prices, or other circumstances that result in increased costs for JACKY M. Changes take effect within one month after their announcement. If you disagree with the change in costs, you can terminate the agreement with JACKY M in writing within eight days after the announcement of the change, effective on the date the change takes effect. When you have not yet fulfilled all your (payment) obligations under the agreement, JACKY M may postpone its obligations until you have fulfilled all your (payment) obligations. You accept that the amount of the costs of the agreement may be influenced when parties decide to change approach, methodology, and/or scope regardless of which party has given the reason for this. Costs for additional work/products will be discussed verbally and charged to you separately. Distributors always pay shipping costs per package regardless of the size of the order.

Article 7. How do you pay for JACKY M products?

JACKY M sends an invoice directly to you, which you must pay within 14 days of the invoice date. When JACKY M delivers in parts, each part may be invoiced separately. For professional parties, if you do not pay within the agreed period, you are immediately in default and owe interest after the due date of the invoice. This interest will be equal to the statutory commercial interest. You must also pay all (extra)judicial collection costs of JACKY M. These costs amount to at least 15% of the principal sum with a minimum of €150.00. JACKY M has the right to demand security from you for the fulfillment of your (payment) obligations. JACKY M is also authorized to change the payment terms when it believes your financial position or payment behavior gives reason to do so. When you pay with a credit card, the credit card details are verified before payment is made. Products are only shipped to the address you provide as the address of the credit card holder. Do you have an objection to the invoice? Then you must inform JACKY M of this in writing within 14 days of the invoice date. If you do not do this, the invoiced amount is considered acknowledged. Objections to the invoice do not suspend your payment obligation.

Article 8. When and how does the agreement end?

If you cancel the agreement, you must compensate the costs that have been or still need to be incurred by JACKY M because of this and compensate the damage it suffers, up to a reasonable amount. These costs are calculated based on the following scale: for cancellation up to 8 days before the delivery of the products: 25% of the quote; for cancellation longer than 1 day but less than 8 days before the delivery of the products: 50% of the quote; for cancellation 1 day or less before the delivery of the products: 100% of the quote. JACKY M may suspend the execution of the agreement immediately, without prior notice to you, or dissolve it in whole or in part, when: you do not (timely) fulfill your obligations under the agreement and/or refuse to provide payment security; there is bankruptcy, (provisional) suspension of payment, placement under guardianship, debt restructuring or shutdown, liquidation or complete or partial transfer of your business or death.

JACKY M then does not have to pay compensation to you and also has the right to claim compensation and/or payment itself. If one of these circumstances occurs, you are immediately in default.

JACKY M has the right to continue executing the agreement.

Article 9. How do you use the website?

All prices and rates mentioned on the JACKY M website and mailings are exclusive of VAT and subject to price changes, programming, and typographical errors. Product images do not always have to match the appearance of the delivered products. In particular, changes may occur in the appearance and packaging of the products after assortment renewals by the manufacturer. You cannot file a complaint about observed defects if they concern the above-mentioned changes in the product.

Article 10. When is there a case of force majeure and what are the consequences?

Force majeure means that there are circumstances whereby JACKY M cannot, not timely, or not properly deliver its products, without it being JACKY M's fault. If there is force majeure, there is no attributable shortcoming of JACKY M. Force majeure is, for example: fire, theft, damage, riot, strike, occupation, business interruption, war, severe weather, situations of actual inaccessibility of the work, excessive temporary increase in demand, changes in regulations, and failure to fulfill by a supplier of JACKY M. When there is force majeure, JACKY M may suspend the execution of the agreement or dissolve the agreement (partially) without having to pay compensation to you. If the force majeure lasts longer than 60 consecutive days, you may dissolve the agreement in writing. JACKY M does not owe you any compensation.

Article 11. Quality and samples

JACKY M guarantees the quality of the products as described in the agreement. If it has been agreed that JACKY M will provide samples, then the transport costs of these are for your account. The samples are only for indication, the actually delivered products may differ from these.

Article 12. Retention of title

All products delivered by JACKY M remain the property of JACKY M until you have paid the full amount due. You may not pledge these products delivered under retention of title or encumber them in any other way. If a third party seizes these products delivered under retention of title or wishes to establish a right on them, then you must inform JACKY M of this as soon as possible. You are obliged, if possible, to insure and keep insured the products delivered under retention of title against fire, explosion, and water damage as well as against theft. If JACKY M requests this, JACKY M may inspect the policy of the insurance.

Article 13. Intellectual property rights

You may not publish or reproduce the work of JACKY M, unless JACKY M gives you written permission to do so. JACKY M holds the copyright to all works created by or on behalf of it. All intellectual property rights, including, but not limited to, copyrights, trademark rights, and database rights, to the information, texts, images, logos, photos, and illustrations on the website and on the layout and design of the website are of JACKY M and/or its licensors. You may not infringe on these, which also includes making copies of the website other than technical copies needed for the use of the website.

Article 14. Guarantee

JACKY M guarantees the proper execution of the agreed performance for a period of six months after delivery. If JACKY M acknowledges that it has fallen short in the delivery of a product, JACKY M has the right, within a reasonable period after you have informed JACKY M that there is a defect, to replace the product, or to deliver what is missing. If JACKY M performs properly within the period, the agreement has been correctly fulfilled and you have no right to compensation. Additional guarantees may have been agreed upon with JACKY M. Guarantee does not apply in case of force majeure. Guarantee is only given if you have fulfilled all (financial) obligations. Any claim to guarantee expires when the products delivered by JACKY M have been handled and/or processed injudiciously by you and/or you have made changes to the composition of the delivered product yourself and/or the instructions given by JACKY M have not been followed. Also, no guarantee applies to normal wear and tear. For defects in electrical appliances delivered by JACKY M, it guarantees for a period of six months after delivery. You must first report the defect in writing, after which you will receive a Return Authorization Request number. You must then return the device to JACKY M for repair. Return shipment is at your expense and risk. For defects in Marathon milling devices delivered by JACKY M, it guarantees for a period of 12 months after delivery. You must be able to present the proof of purchase including the serial number of the device. No guarantee is given on delivered items that were not new at the time of delivery or on items that were prescribed by the counterparty or were supplied by or on behalf of them.

Article 15. Who is liable for what?

JACKY M provides its services to the best of its knowledge and ability. However, JACKY M cannot guarantee that a desired result will be achieved at a certain time. JACKY M accepts no liability for any sensitivity reactions or allergies that may arise from using the products. JACKY M cannot be held liable for damages. Not even if this damage is directly or indirectly related to delay or suspension. JACKY M is only liable if the damage is due to intent or deliberate recklessness. If JACKY M is liable, then this liability is limited to the amount that is paid out per event by JACKY M's business liability insurance with respect to this damage. When the maximum insured amount is higher than the amount of the assignment, then JACKY M is only liable up to the amount of the assignment that relates to the services provided. Damage such as business and/or stagnation damage, consequential damage, loss of turnover and/or profit, production loss, or decrease in value of products is excluded from compensation. If you are approached by a third party for compensation of damage, you cannot pass this claim on to JACKY M. The information on the website is compiled and maintained by JACKY M with continuous care and attention. However, errors cannot always be prevented. No rights can therefore be derived in any way from the information offered on the website. JACKY M accepts no liability for damage that in any way results from the use of the website or from the incompleteness and/or incorrectness of the information provided on the website and/or damage as a result of the (temporary) unavailability of the website. JACKY M bears no responsibility for photos, descriptions, and other promotional material on the website that have been issued by third parties. Any liability of JACKY M expires when you do not invoke the shortcoming within one year after the product has been delivered and if you do not inform JACKY M in writing within one month after discovery of the (possible) shortcoming.

Article 16. Amendment of these terms

JACKY M can always, without prior notice, change the general terms and conditions. JACKY M can announce changes to these terms by placing them on its website or communicating them in another way. It is therefore advisable to review the terms from time to time. Changes also apply to already existing agreements.

Article 17. Complaints and disputes

Are you not satisfied with our service? We appreciate it if you let us know first so that we can seriously address your complaint. To ensure that we can handle the complaint properly, the complaint must be submitted to JACKY M within two months after you have become aware of the complaint. If a dispute does arise, you must turn to the competent judge at the East Brabant court. The possibility to start a dispute with the judge expires one year after the cause for the dispute has arisen.

Article 18. Applicable law

Dutch law applies to all agreements and these general terms and conditions and actions that result from them.