Terms and Conditions
Introduction
By placing an order on www.maxprohair.com you agree to purchase a Product on and subject to the following terms and conditions of Max Pro BV (the "Terms and Conditions").
The Terms and Conditions always apply between you and Max Pro BV when you use or place an order via the website www.maxprohair.com (the "Site").
The General Terms and Conditions contain important information for you as a customer of Max Pro BV. Read them carefully. We also recommend that you save or print the Terms and Conditions for future reference.
Article 1 Definitions
Max Pro BV: a private company under Dutch law, established in Hoofddorp (the Netherlands) and registered with the Chamber of Commerce under file number: 72028920, trading under the trade name "Max Pro X MOHI".
Site: the website www.maxprohair.com and all its subdomains.
Client: the natural person or company acting in the exercise of a profession or business and who enters into an agreement with Max Pro BV . Product(s): the product or products as offered on the Site.
Agreement: any arrangement or agreement between Max Pro BV and the Client of which the General Terms and Conditions form an integral part.
General Terms and Conditions: the current terms and conditions of Max Pro BV
Article 2 Applicability of the General Terms and Conditions
2.1 The General Terms and Conditions apply to all offers and deliveries from and agreements with Max Pro BV, unless expressly agreed otherwise in writing.
2.2 If the Client declares other provisions or conditions to be applicable in its order, confirmation or via any other means of communication, these provisions shall only be binding on Max Pro BV if and insofar as Max Pro BV has expressly accepted them in writing.
Article 3 Prices and information
3.1 All prices as shown on the Site and on other materials originating from Max Pro BV include taxes and other levies imposed by the government, unless stated otherwise on the Site.
3.2 If shipping costs are charged, they will be clearly stated on the Site before the Agreement is concluded. The
shipping costs are stated separately during the ordering process.
3.3 The content of the Site has been compiled with the utmost care. However, Max Pro BV cannot guarantee that all information on the Site is displayed correctly and/or is complete at all times. All prices and other information displayed on the Site and other materials provided by Max Pro BV may contain typographical and/or programming errors. Max Pro BV cannot be held liable for such typing and/or programming errors and reserves the right to correct such errors at any time.
3.4 Max Pro BV cannot be held liable for any deviations between the color of the Product and the color of the Product as shown on the Site.
Article 4 Formation of the Agreement.
4.1 The Agreement is deemed to have been concluded at the moment that the Client accepts the offer from Max Pro BV, to which the General Terms and Conditions apply.
4.2 If the Client has accepted the offer electronically, Max Pro BV will also confirm receipt of the acceptance of the offer electronically.
4.3 If it appears that the Client has provided incorrect information when accepting or otherwise entering into the Agreement, Max Pro BV has the right to suspend its obligations until the correct information has been received from the Client.
4.4 Max Pro BV expressly reserves the right to reject an order from the Customer without stating reasons.
4.5 Max Pro BV prohibits the sale of Products by unauthorized resellers and does not sell or supply Products to unauthorized resellers. An order from an unauthorized reseller will be refused without explanation and the applicable Customer will be banned from the Site.
Article 5 Execution of the agreement
5.1 As soon as Max Pro BV has received an order from the customer and has confirmed its acceptance, it will transfer the products to the transport company chosen by the customer in the ordering process. The transport company will then send the Products to the Customer.
5.2 Max Pro BV is authorized to engage third parties in the performance of its obligations under the Agreement.
5.3 The Site contains information about the method of delivery of the Products and an estimate of the period within which the Products will be delivered to the Customer.
5.4 If Max Pro BV is unable to deliver the Products within thirty (30) days after the confirmation of the acceptance of the order, it will inform the Customer accordingly. In that case, the Client may decide to either agree on a new delivery date or to dissolve the Agreement free of charge. Max Pro BV cannot be held liable for any delay in the delivery process.
5.5 Max Pro BV advises the Customer to inspect the Products upon receipt and to report any defects in writing or by e-mail within two (2) working days after delivery.
5.6 As soon as the product has been delivered to the delivery address specified by the customer, the risk of the product is fully transferred to the customer.
5.7 If the ordered Product can no longer be delivered, Max Pro BV is entitled to deliver a Product that is comparable in nature and quality to the ordered Product. In that case, the Client has the right to terminate the Agreement free of charge and to return the Product free of charge.
Article 6 Revocation/return shipment
6.1 The customer has the right to return the product to the customer within fourteen (14) days after delivery.
6.2 The customer must inform Max Pro BV of his wish to return the product by sending an e-mail to info@maxprohair.com or by completing the return form on the website within the aforementioned period of fourteen ( 14) days after the product has been delivered to the customer. After confirmation of the notification of the return shipment by Max Pro BV, the Client still has fourteen (14) days to return the Product to Max Pro BV. The Customer must bear the costs of sending the Products to Max Pro BV.
6.3 All returned products must be unused, undamaged and in the original unopened packaging with the original packing slip. Returns that do not meet all the above conditions will not be accepted.
6.4 The customer is responsible for the chosen shipping method of the returns. The risk of the Product passes to Max Pro BV when Max Pro BV has received the Product. This means that Max Pro BV cannot be held responsible for any returns that (for example) are lost and/or damaged in the mail when returning. We therefore recommend that you choose registered shipping, request tracking information and ensure that the package with the returned Product(s) is delivered. Max Pro BV makes no exceptions to this policy.
6.5 After receipt and acceptance of the returned Products, Max Pro BV will refund the total purchase amount to the Customer within fourteen (14) days.
Article 7 Payment
7.1 The Client shall pay the amounts due to Max Pro BV in accordance with the ordering process and via the payment method chosen on the Site. Max Pro BV is free to offer any payment method of its choice and can change these payment methods at any time.
Article 8 Warranties and Conformity
8.1 Max Pro BV guarantees that the Products are suitable for the intended use, as described on the Site.
8.2 If the delivered Product does not comply with the Agreement upon delivery, Max Pro BV must be notified of this within a reasonable period, which is no later than fourteen (14) days after delivery of the Product.
8.3 If a Product does not comply with the Agreement and the Customer has informed Max Pro BV thereof within the period referred to in Article 8.2, the Product in question will be repaired, replaced or (partially) refunded, in consultation with the Customer. . Complaints after the term referred to in Article 8.2 will no longer be processed by Max Pro BV.
8.4 Max Pro BV offers a two-year warranty on blow-dryers, brushes and accessories and a lifetime warranty on curling irons and hair straighteners. The lifetime warranty is only valid if the product is registered within 30 days of purchase. If you want to invoke the warranty, Max Pro BV will ask you for a valid proof of purchase/proof of purchase, the product must have a technical defect. Please note that you can only invoke the warranty if you have purchased the product from an official Max Pro dealer. Please ensure that you only purchase products through the Site or from an authorized Max Pro retailer. If you have any questions about the official Max Pro outlets, please contact us.
Article 9 Complaint handling
9.1 If the Client has any complaints in connection with a Product (in accordance with article 8 entitled "Guarantees and Conformity"), or with regard to other aspects of the Site or the service of Max Pro BV, he/she can submit a complaint via the contact form or in writing. The contact details of Max Pro BV can be found at the end of the General Terms and Conditions and the contact form can be found under the heading "Contact".
9.2 Max Pro BV will respond as soon as possible, but no later than seven (7) days after receipt of the complaint. If Max Pro BV is unable to provide a substantive response to the complaint within this period, Max Pro BV will confirm receipt of the complaint within seven (7) days of receipt of the complaint and indicate the period within which it will make a expected to be able to give a substantive or final response to the complaint.
Article 10 Liability
10.1 The total liability of Max Pro BV towards the Client due to an attributable shortcoming in the fulfillment of the Agreement is limited to compensation that does not exceed the price stipulated for that specific Agreement (including VAT and shipping costs).
10.2 Max Pro BV cannot be held liable for any indirect damage or loss, including, without limitation, consequential damage, lost profit, missed savings, loss of data and damage due to business interruption.
10.3 Unless explicitly stated otherwise in this article 10, Max Pro BV is not liable, regardless of the grounds on which an action or procedure is based. However, the restrictions included in this article 10.3 will lapse if and insofar as the damage is the result of intent or gross negligence on the part of Max Pro BV.
10.4 Max Pro BV is only liable towards the Client due to an attributable shortcoming in the fulfillment of an Agreement if the Client immediately gives Max Pro BV written notice of default, setting a reasonable term within which Max Pro BV can remedy the shortcoming, and Max Pro BV fails to do so. to restore it within that period. The notice of default must contain as detailed a description as possible of the default, so that Max Pro BV is able to respond adequately and/or act adequately.
10.5 A condition for compensation of damage is always that the Client reports the damage to Max Pro BV in writing as soon as possible, but at the latest within thirty (30) days after the occurrence of the damage.
10.6 Max Pro BV is not obliged to pay compensation for any damage suffered by the Client as a result of a "force majeure situation", as referred to in Article 6:75 of the Dutch Civil Code. This includes (and without limitation) the event that a third party engaged by Max Pro BV is unable to fulfill its obligations due to a force majeure situation.
Article 11 Retention of title
11.1 As long as Max Pro BV has not received full payment for the Products, Max Pro BV retains ownership of the Products.
Article 12 Personal data
12.1 Max Pro BV will process the personal data of the Client in accordance with the Terms of Use as published on the Site.
Article 13 Final provisions
13.1 The General Terms and Conditions and the Agreement are exclusively interpreted in accordance with and are exclusively governed by Dutch law.
13.2 All disputes arising from or related to the General Terms and Conditions and the Agreement, including disputes about the existence and validity thereof, will, if no amicable settlement can be reached, be settled by the competent Dutch court in the district where Max Pro BV is established.
13.3 If any provision of the Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall be construed as being invalid or unenforceable; and such invalid or unenforceable provisions will then be deemed to be replaced by a provision that comes as close as possible to the intention of Max Pro BV when the original provision was inserted.
Contact details
If you have any questions, complaints or comments after reading the Terms and Conditions, or if you need to notify us of anything, please feel free to contact us.
Max Pro BV
Pearl avenue 26
2132WS Hoofddorp
The Netherlands
E: info@maxprohair.com
Chamber of Commerce number: 72028920
The General Terms and Conditions were last updated on 01-04-2020.