Terms and Conditions
Terms and Conditions Abura Cosmetics
Abura Cosmetics (hereinafter: Abura Cosmetics) is registered
at the Chamber of Commerce under number 78273579 and is located at Verrijn Stuartweg 26H (1112AX) in Diemen.
Article 1 - Concepts
1. In these general terms and conditions, the following terms are used with the following meaning, unless expressly stated otherwise
2. Offer: Any written offer to the Buyer for the delivery of Products by the Seller to which these terms and conditions are inextricably linked.
3. Company: The natural or legal person acting in the exercise of a profession or business.
4. Consumer: The natural person who is not acting in the exercise of a profession or business.
5. Buyer: The Company or the Consumer who enters into a (remote) Agreement with the Seller.
6. Agreement: The (remote) purchase agreement that extends to the sale and delivery of Products purchased by the Buyer from Abura Cosmetics.
7. Products: The Products offered by Abura Cosmetics are (skin) oils and other cosmetic products in the broadest sense of the word.
8. Seller: The supplier of Products to the Buyer, hereinafter: Abura Cosmetics.
Article 2 - Applicability
1. These general terms and conditions apply to every Offer from Abura Cosmetics and every Agreement between Abura Cosmetics and a Buyer and to every Product offered by Abura Cosmetics.
2. Before a (distance) Agreement is concluded, the Buyer will be given these general terms and conditions. If this is not reasonably possible, Abura Cosmetics will indicate to the Buyer how the Buyer can view the general terms and conditions, which in any case appear on the
website of Abura Cosmetics have been published, so that the Buyer can easily save these general terms and conditions on a durable data carrier.
3. In exceptional situations, these general terms and conditions can be deviated from if this has been explicitly agreed in writing with Abura Cosmetics.
4. These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general and/or purchase conditions of the Buyer are expressly rejected.
5. If one or more provisions of these general terms and conditions are partially or completely null and void or are annulled, the
other provisions of these general terms and conditions will remain in effect and the void/nullified provision(s) will be replaced by a provision with the same purport as the original provision.
6. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained
to be in accordance with the spirit of these general terms and conditions.
7. If these general terms and conditions refer to
she/her, this should also be understood as a reference to
he/him/his, if and to the extent applicable.
Article 3 - The Offer
1. All offers made by Abura Cosmetics are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. There is only question of an Offer if it has been laid down in writing.
2. Abura Cosmetics is only bound by the Offer if
the acceptance thereof is confirmed in writing by the Buyer within 30 days, or because the Buyer has already paid the amount due. Nevertheless, Abura Cosmetics has the right to refuse an Agreement with a potential Buyer for a valid reason for Abura Cosmetics.
3. The Offer is made through the website of Abura Cosmetics contains an accurate description of the Product offered with
associated prices. The description is detailed enough to enable the Buyer to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind Abura Cosmetics. Any images and specific information in the Offer are only an indication and cannot be grounds for any compensation or dissolution of the Agreement (at a distance). Abura Cosmetics cannot guarantee that the colors in the image exactly match the real colors of the Product.
4. Delivery times and Terms stated in the Offer of Abura Cosmetics are indicative and do not entitle the Buyer to dissolution or compensation if they are exceeded, unless expressly agreed otherwise.
5. A composite quotation obliges Abura Cosmetics
not to deliver part of the goods included in the offer or Offer at part of the stated price.
6. If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until
stocks last, and according to the run-out principle.
Article 4 - Formation of the Agreement
1. The Agreement is concluded when the Buyer
has accepted an Offer from Abura Cosmetics by ordering the relevant Product via the website and paying.
2. If the Buyer has accepted the Offer by concluding an Agreement with Abura Cosmetics, Abura Cosmetics will confirm the Agreement with the Buyer in writing, at least by e-mail.
3. If the acceptance deviates (on minor points) from the Offer, Abura Cosmetics is not bound by it.
4. Abura Cosmetics is not bound by an Offer if the Buyer could reasonably have expected or should have understood or
should have understood that the Offer contains an obvious mistake or error. The Buyer cannot derive any rights from this mistake or error.
5. The right of withdrawal is excluded for the Buyer being a
Company. The Buyer being a Consumer has the right to assert its right of withdrawal within the statutory period (14 days). If revocation applies, the Buyer will handle the Product and the packaging with care. It will not unpack or use the Product to the extent necessary to determine the nature, characteristics and functioning of the Product. For this, the buyer must use the samples supplied with it, in order to test the product that falls within the money back guarantee. Buyer shall not break the seal of the Product. The direct costs for returning the Product are for the account of the Buyer.
6. Products that cannot be taken back due to health risks and whose seal has been broken after delivery are excluded from the right of withdrawal. This is explicitly stated in
Article 5 - Execution of the Agreement
1. Abura Cosmetics will perform the Agreement to the best of its knowledge and
2. If and insofar as the proper execution of the Agreement requires this, Abura Cosmetics has the right to have certain work performed by third parties at its own discretion.
3. The Buyer shall ensure that all data, of which Abura Cosmetics indicates that they are necessary or of which the Buyer should reasonably understand that they are necessary for the
performance of the Agreement, are provided to Abura Cosmetics in a timely manner. If the information required for the implementation of the Agreement has not been provided to Abura Cosmetics in time, Abura Cosmetics has the right to suspend the implementation of the Agreement.
4. In the performance of the Agreement, Abura Cosmetics
not obliged or obliged to follow the instructions of the Buyer if this changes the content or scope of the Agreement. If the instructions result in additional work for Abura Cosmetics, the Buyer is obliged to reimburse the additional or additional costs accordingly.
5. Before proceeding with the implementation of the Agreement, Abura Cosmetics may require security from the Buyer or full advance payment.
6. Abura Cosmetics is not liable for damage of any nature whatsoever caused by Abura Cosmetics relying on incorrect and/or incomplete information provided by the Buyer, unless Abura Cosmetics was aware of this inaccuracy or incompleteness.
7. The Buyer indemnifies Abura Cosmetics against any claims from third parties who suffer damage in connection with the performance of the Agreement and which are attributable to the Buyer.
Article 6 - Delivery
1. If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not provided all requested information or has not provided it on time, does not cooperate sufficiently, the (down) payment has not been received on time by Abura Cosmetics or other circumstances beyond the control of Abura Cosmetics causes any delay, Abura Cosmetics is entitled to a reasonable extension of the delivery/completion period. All agreed delivery/completion periods are never strict deadlines. The buyer must give Abura Cosmetics notice of default in writing and allow it a reasonable term to still be able to deliver. The buyer is not entitled to any compensation due to the resulting delay.
2. The Buyer is obliged to take delivery of the goods at the time when they are made available to it in accordance with the Agreement, also
if they are offered earlier or later than agreed.
3. If the Buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, Abura Cosmetics is entitled to store the goods at the expense and risk of the Buyer.
4. If the Products are delivered by Abura Cosmetics
or an external carrier, Abura Cosmetics is entitled, up to a purchase amount of € 100.00 unless otherwise agreed, to charge delivery costs to a Buyer who is a Consumer. If agreed, Abura Cosmetics can charge delivery costs to a Buyer who is a company. These will then be invoiced separately unless expressly agreed otherwise.
5. If Abura Cosmetics requires information from the Buyer in the
within the framework of the implementation of the Agreement, the delivery time only commences after the Buyer has made all information necessary for the implementation available to Abura Cosmetics.
6. If Abura Cosmetics has specified a term for delivery, this is indicative. Longer delivery times apply for deliveries outside the Netherlands.
7. Abura Cosmetics is entitled to deliver the goods in parts, unless this has been deviated from in the Agreement or the partial delivery has no independent value. Abura Cosmetics is entitled to invoice the thus delivered separately.
8. Deliveries are only carried out if all invoices
have been paid unless expressly agreed otherwise. Abura Cosmetics reserves the right to refuse delivery if there is a well-founded fear of non-payment.
Article 7 - Packaging and transport
1. Abura Cosmetics undertakes towards the Buyer to pack the goods to be delivered properly and to secure them in such a way that they reach their destination in good condition under normal use.
2. Unless otherwise agreed in writing, all
deliveries including sales tax (VAT), including packaging and
3. Accepting cases without comments or comments on the
consignment note or receipt serves as proof that the packaging was in good condition at the time of delivery.
Article 8 - Investigation, complaints
1. The buyer is obliged to inspect or have inspected the delivered goods at the time of delivery, but in any case within 14 days after receipt of the delivered goods. In doing so, the Buyer must examine whether the quality and quantity of the delivered goods correspond with the Agreement and whether the Products meet the requirements that apply to them in normal (trade) traffic. In the event of a broken seal, Abura Cosmetics will not take back the Product.
2. The Buyer is obliged to investigate and inform himself how the Product should be used and, in the case of personal use, to test the Product in accordance with the instructions for use. Abura Cosmetics does not accept any liability for incorrect use of the Product by the Buyer.
3. Any visible defects or shortcomings must be reported to Abura Cosmetics in writing after delivery at email@example.com
The buyer has a period of 14 days after delivery to do so. Invisible
defects or shortages must be reported within 14 days after discovery, but no later than 6 months after delivery. In the event of damage to the Product due to careless handling by the Buyer, the Buyer will be liable for any reduction in value of the Product.
4. If a complaint is made in time pursuant to the previous paragraph, the Buyer remains obliged to pay for the purchased goods. If the Buyer wishes to return defective goods, this will only be done with prior notice
written permission from Abura Cosmetics in the manner indicated by Abura Cosmetics.
5. If the Buyer, being a Consumer, uses his right of withdrawal, he will return the Product and all accessories, insofar as reasonably possible, in original condition and packaging to Abura Cosmetics, in accordance with the return instructions of Abura Cosmetics. The direct costs for return shipments are for the account and risk of the Buyer.
6. Abura Cosmetics is entitled to start an investigation into the authenticity and condition of the returned Products before
refund will be made.
7. Refunds to the Buyer will be processed as soon as possible, but the refund may take no more than 14 days after receipt of the Buyer's declaration of dissolution. Repayment will be made to the previously specified account number.
8. If the Buyer exercises its right of complaint, the Buyer, being a Company, has no right to suspend its payment obligation or to set off outstanding invoices.
9. In the absence of a complete delivery, and/or if one or more Products are missing, and this can be attributed to Abura Cosmetics, Abura Cosmetics will, after a request from the Buyer, send the missing Product(s) or the remaining order Cancel. The confirmation of receipt of the Products is leading here. Any damage suffered by the Buyer as a result of the (deviating) size of the delivery cannot be recovered from Abura Cosmetics.
Article 9 - Prices
1. During the period of validity of the Offer, the prices of the Products offered will not be increased, except in the event that there are changes in VAT rates.
2. The prices stated in the Offer include VAT, unless expressly stated otherwise.
3. The prices as stated in the Offer are based on the cost factors applicable at the time of concluding the Agreement
such as: import and export duties, freight and unloading costs, insurance and
any duties and taxes.
4. In the case of Products or raw materials of which
are price fluctuations in the financial market and over which Abura Cosmetics has no influence, Abura Cosmetics can offer these Products with variable prices. The Offer states that the prices are target prices and may fluctuate.
Article 10 - Payment and collection policy
1. Payment should preferably be made in advance in the currency in which the invoice is made via the designated payment provider on the website or by other means of bank transfer. If this has been expressly agreed with Abura Cosmetics, the Buyer, being a Company, can pay afterwards by means of an invoice sent by Abura Cosmetics.
2. Buyer cannot derive any rights or expectations from a
budget issued in advance, unless the parties expressly agree otherwise
3. The buyer must make a lump sum payment to the account number and details of Abura Cosmetics made known to her. The parties can only agree on a different payment term after explicit and written permission from Abura Cosmetics.
4. If a periodic payment obligation of the Buyer has been agreed, Abura Cosmetics is entitled to adjust the applicable prices and rates in writing with due observance of a period of months.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, the claims of Abura Cosmetics against the Buyer are immediately due and payable.
6. Abura Cosmetics has the right to the Buyer
to have payments go first of all to reduce the costs, then to reduce the accrued interest and finally to reduce the principal sum and the accrued interest. Abura Cosmetics can, without being in default, refuse an offer of payment if the Buyer designates a different order for the allocation. Abura Cosmetics can refuse full repayment of the principal sum, if the outstanding and current interest as well as the costs are not also paid.
7. If the Buyer does not fulfill its payment obligation and has not fulfilled its obligation within the set payment term of 30 days or another agreed term, the Buyer, being a Company, is in default. The Buyer being a Consumer will first receive a written reminder with a term of 14 days after the date of the reminder to still meet the payment obligation, including a statement of the extrajudicial costs if the Consumer does not meet his obligations within that term, before they falls into default.
8. From the date that the Buyer is in default, Abura Cosmetics will, without further notice of default, be entitled to the statutory
(Commercial) interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the graduated scale from the Decree on compensation for extrajudicial collection costs of 1 July 2012.
9. If Abura Cosmetics has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The judicial and execution costs incurred are also for the account of the Buyer.
10. Products that are to be delivered abroad must be paid for in advance by the Buyer before the Products are shipped.
Article 11 - Retention of title
1. All goods delivered by Abura Cosmetics remain the property of Abura Cosmetics until the Buyer has fulfilled all the following obligations from all Agreements concluded with Abura Cosmetics.
2. Buyer is not authorized under the retention of title
not to pledge or encumber the falling goods in any other way if the ownership has not yet been fully transferred.
3. If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the Buyer is obliged to notify Abura Cosmetics as soon as reasonably
may be expected to notify.
4. In the event that Abura Cosmetics wishes to exercise its property rights referred to in this article, the Buyer already gives now
unconditional and irrevocable permission and authorization to Abura Cosmetics or third parties to be designated by it to enter all those places where the property of Abura Cosmetics is located and to take those things back.
5. Abura Cosmetics has the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully)
has fulfilled its payment obligations, despite an obligation to transfer or issue from Abura Cosmetics. After the Buyer has fulfilled its obligations, Abura Cosmetics will make every effort to deliver the purchased Products to the Buyer as soon as possible, but no later than 20 working days.
6. Costs and other (consequential) damage as a result of retaining the purchased Products are for the account and risk of
Buyer and will be reimbursed to Abura Cosmetics by Buyer upon first request.
Article 12 - Guarantee
Abura Cosmetics guarantees that the Products comply with
the Agreement, the specifications, usability and/or soundness stated in the offer and the legal rules/regulations at the time of the conclusion of the Agreement. This also applies if the goods to be delivered are intended for use abroad and the Buyer has explicitly notified Abura Cosmetics of this use in writing at the time of entering into the Agreement.
Article 13 - Instructions for use Products
1. Buyer of Products must follow the regulations and instructions of Abura Cosmetics.
2. The Buyer must store the Products carefully. If applicable, the Products must be stored in the packaging supplied. The cap should always be closed.
3. Buyer shall only use the Product on the skin. The Product is not intended to be taken orally.
4. In the event of an allergic reaction, the Buyer must immediately stop using it and the Buyer must contact a doctor, general practitioner or dermatologist.
5. In case of contact with the eyes, the Buyer must immediately rinse the Product with water
6. The Products must be kept out of the reach of young children.
7. The Product is not a substitute for medication. Any advice
information provided by Abura Cosmetics on the use of the Products is only general and non-binding in nature and may not be construed as medical advice. Each Buyer must assess on his own responsibility whether the product is suitable for him. In case of doubt, the buyer's general practitioner should be contacted for an assessment for the use in the specific case.
8. Abura Cosmetics expressly rejects all liabilities and claims of the Buyer and/or third parties who have suffered (physical) damage through the use of the Products. The Products must only be used in accordance with the instructions for use.
Article 14 - Suspension and dissolution
1. Abura Cosmetics is authorized to suspend the fulfillment of its obligations or to dissolve the Agreement if the Buyer does not or not fully comply with the (payment) obligations under the Agreement.
2. In addition, Abura Cosmetics is authorized to terminate the existing Agreement between it and the Buyer, insofar as it has not yet been performed, without
to dissolve judicial intervention if the Buyer does not timely or properly fulfill its obligations arising from any Agreement concluded with Abura Cosmetics.
3. Furthermore, Abura Cosmetics is authorized to terminate the Agreement without
prior notice of default if circumstances arise of such a nature that compliance with the Agreement is impossible or can no longer be demanded according to standards of reasonableness and fairness or if other circumstances arise of such a nature that unaltered maintenance of the the Agreement cannot reasonably be expected.
4. If the Agreement is dissolved, the claims are
of Abura Cosmetics on Buyer immediately due and payable. When Abura Cosmetics suspends compliance with its obligations, it retains its claims under the law and the Agreement.
5. Abura Cosmetics always reserves the right to claim compensation.
Article 15 - Limitation of Liability
1. If the execution of the Agreement by Abura Cosmetics leads to liability on the part of Abura Cosmetics towards the Buyer or third parties, that liability is limited to the
costs charged by Abura Cosmetics unless the damage has arisen due to intent or gross negligence. The liability of Abura Cosmetics is in any case limited to the maximum amount of damage paid out by the insurance company per event per year.
2. Abura Cosmetics is not liable for consequential damage,
indirect damage, loss of profit and/or loss suffered, missed savings and damage as a result of the use of the delivered Products is excluded. A restriction applies to the Consumer in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
3. Abura Cosmetics is not liable for and/or obliged to repair damage caused by the use of the Product. Abura
Cosmetics provides strict instructions for use that must be observed by the Buyer. All damage to Products as a result of wearing and using them is expressly excluded from liability.
4. Abura Cosmetics is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
5. Abura Cosmetics is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for any reason.
6. Abura Cosmetics does not guarantee a correct and complete transmission of the content of and e-mail sent by/on behalf of Abura Cosmetics, nor for the timely receipt thereof.
7. All claims of the Buyer due to shortcomings on the part of Abura Cosmetics lapse if not stated in writing and with reasons
have been reported to Abura Cosmetics within one year after the Buyer became aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Buyer expire in any case one year after the termination of the Agreement.
Article 16 - Force majeure
1. Abura Cosmetics is not liable if, as a result of a force majeure situation, it fails to fulfill its obligations under the
cannot fulfill the agreement, nor can it be obliged to comply with any obligation, if it is prevented from doing so as a result of a circumstance that cannot be attributed to its fault and neither by virtue of the law, legal act or generally accepted standards for her account.
2. Force majeure is in any case understood, but is not limited to what is understood in this regard by law and jurisprudence, (i)
force majeure of suppliers of Abura Cosmetics, (ii) failure to properly fulfill obligations of suppliers prescribed or recommended by the Buyer to Abura Cosmetics, (iii) defects in goods, equipment, software or materials of third parties, (iv) government measures, (v) electricity failure, (vi) disruption of internet, data network and telecommunication facilities (for example due to: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the business of Abura Cosmetics and (xi) other situations that, in the opinion of Abura Cosmetics, fall outside its sphere of influence, which temporarily or permanently prevent the fulfillment of its obligations.
3. Abura Cosmetics has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Abura Cosmetics should have fulfilled its obligation.
4. Parties can suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to dissolve the Agreement, without any obligation to pay damages to the other party.
5. Insofar as Abura Cosmetics at the time of the commencement of
force majeure has already partially fulfilled its obligations under the Agreement or will be able to fulfill them, and the fulfilled or to be fulfilled part has independent value, Abura Cosmetics is entitled to invoice the already fulfilled or still to be fulfilled part separately. The Buyer is obliged to pay this invoice as if it were a separate Agreement.
Article 17 - Risk transfer
The risk of loss of or damage to the Products that are the subject of the Agreement is transferred to the Buyer being a company on the
moment when the goods leave the Abura Cosmetics warehouse. For Consumers, the aforementioned risk passes to the Buyer if the Products have been provided under the Buyer's control. This is the case if the Products have been delivered to the Buyer's delivery address.
Article 18 - Privacy, data processing and security
1. Abura Cosmetics handles the (personal) data of the Buyer and visitors to the website(s) with care. If requested, Abura Cosmetics will inform the person concerned about this.
2. If Abura Cosmetics is required to provide information security under the Agreement, this security will meet the specifications agreed upon and a security level that, given the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.
Article 19 - Complaints
1. If the Buyer is not satisfied with the Products of Abura Cosmetics and/or has complaints about the (execution of the) Agreement, the Buyer is obliged to report these complaints as soon as possible, but no later than 14 calendar days after the relevant reason that gave rise to the complaint. led to report. Complaints can be reported via firstname.lastname@example.org with the subject “Complaint”.
2. The complaint must be sufficiently substantiated by the Buyer and/or
have been explained, Abura Cosmetics wants to be able to handle the complaint.
3. Abura Cosmetics will respond to the content of the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
4. Parties will try to reach a solution together.
Article 20 - Applicable law
1. Every Agreement between Abura Cosmetics and Buyer is
Dutch law applies. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
2. In the event of an explanation of the content and purport of these general terms and conditions, the Dutch text thereof is always decisive. Abura Cosmetics has the right to unilaterally change these general terms and conditions.
3. All disputes arising from or as a result of the Agreement between Abura Cosmetics and the Buyer will be settled by the competent court of the Amsterdam District Court, unless provisions of mandatory law lead to the jurisdiction of another court.
Amstelveen, February 13, 2023