General Terms and Conditions of Max Pro B.V.
By placing an order on www.maxprohair.com, you are accepting to purchase a Product on and subject to the following terms and conditions of Max Pro B.V. (the “General Terms and Conditions”). The General Terms and Conditions always apply between you and Max Pro B.V. when you use or place an order through the website www.maxprohair.com (the “Site”). The General Terms and Conditions contain important information for you as a customer of Max Pro B.V. Please read them carefully. We also recommend you to save or print the General Terms and Conditions, so you can consult them again at a later date.
Article 1 Definitions
Max Pro B.V.: a private company (‘besloten vennootschap’) established under Dutch law, based 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 of its sub-domains.
Client: the natural person or corporation acting in the performance of a profession or business who enters into an Agreement with Max Pro B.V.
Product(s): the product(s) as offered on the Site.
Agreement: any arrangement or agreement between Max Pro B.V. and the Client of which the General Terms and Conditions form an integral part.
General Terms and Conditions: the present terms and conditions of Max Pro B.V.
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 B.V., unless otherwise explicitly agreed on in writing.
2.2 If the Client declares other provisions or terms applicable in his order, confirmation or through any other communication medium, such provisions will only be binding upon Max Pro B.V. if and in so far as Max Pro B.V. has explicitly accepted them in writing.
Article 3 Prices and information
3.1 All prices as displayed on the Site and on other materials originating from Max Pro B.V. include taxes and other levies imposed by the government unless stated otherwise on the Site.
3.2 If shipping costs are charged, these will be clearly stated on the Site before the Agreement is concluded. The shipping costs will be displayed separately in the ordering process.
3.3 The content of the Site is composed of the greatest care. Max Pro B.V. can however not 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 on other materials originating from Max Pro B.V. could include typographical and/or programming errors. Max Pro B.V. cannot be held responsible for such typographical and/or programming errors and reserves the right to correct such errors at all times.
3.4 Max Pro B.V. cannot be held responsible for any deviations between the color of the Product and the color of the Product as displayed on the Site.
Article 4 Conclusion of the Agreement
4.1 The Agreement will be deemed to be concluded at such moment that the Client accepts the offer of Max Pro B.V., which offer is subject to the General Terms and Conditions.
4.2 If the Client has accepted the offer by electronic means, Max Pro B.V. will also confirm receipt of acceptance of the offer by electronic means.
4.3 If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, Max Pro B.V. will have the right to suspend its obligations until the correct data has been received from the Client.
4.4 Max Pro B.V. expressly reserves the right to reject a Client’s order without stating reasons.
4.5 Max Pro B.V. prohibits the sale of Products by unauthorized resellers and does not sell or supply Products to unauthorized resellers. An order placed by an unauthorized reseller will be rejected without stating reasons and the concerning Client will be excluded from the Site.
Article 5 Execution of the Agreement
5.1 As soon as Max Pro B.V. has received a Client’s order and has confirmed the acceptance thereof, it will handover the Products to the shipping company as chosen by the Client in the ordering process. The shipping company will then send the Products to the Client.
5.2 Max Pro B.V. is authorized to engage any third parties in the fulfilment of its obligations under the Agreement.
5.3 The Site includes information describing the manner of delivery of the Products and an estimation of the term in which the Products will be delivered to the Client.
5.4 If Max Pro B.V. is unable to deliver the Products within thirty (30) days after the confirmation of acceptance of the order, it will notify the Client accordingly. In such event, the Client can decide to either agree to a new delivery date or to dissolve the Agreement without incurring any costs. Max Pro B.V. cannot be held liable for any delay in the delivery process.
5.5 Max Pro B.V. advises the Client to inspect the Products upon receipt and to report any defects within two (2) working days after delivery in writing or by email.
5.6 As soon as the Product has been delivered to the delivery address submitted by the Client, the risk of the Product fully transfers to the Client.
5.7 If the ordered Product can no longer be supplied, Max Pro B.V. is entitled to deliver a Product which is comparable in nature and quality to the ordered Product. In that case, the Client will have the right to dissolve the Agreement without incurring any costs and to return the Product free of charge.
Article 6 Withdrawal/return
6.1 The Client has the right to return the Product within fourteen (14) days after the Product has been delivered to the Client.
6.2 The Client must inform Max Pro B.V. of its wish to return the Product by sending an e-mail to firstname.lastname@example.org or fill in the return form on the website within the aforementioned period of fourteen (14) days after the Product has been delivered to the Client. After confirmation of the notification of return from Max Pro B.V., the Client will have an additional fourteen (14) days to return the Product to Max Pro B.V. The Client must bear the costs for shipping the Products to Max Pro B.V.
6.3 All returned products must be unused, undamaged and returned in its original unopened packaging with its original packing slip. Returns attempted without satisfying all of the aforementioned conditions, will not be accepted.
6.4 The Client is responsible for the chosen shipping method of the returns. The risk of the Product will transfer to Max Pro B.V. when Max Pro B.V. has received the Product. This means that Max Pro B.V. cannot be held responsible for any returns which are (for example) lost and/or damaged in the mail when being returned. We therefore advise you to choose for registered shipment, request tracking information and ensure the package containing the returned Product(s). Max Pro B.V. does not make any exceptions to this policy.
6.5 After receiving and accepting the returned Products, Max Pro B.V. will refund the total purchase price to the Client within fourteen (14) days.
Article 7 Payment
7.1 The Client shall pay the amounts due to Max Pro B.V. in accordance with the ordering process and through the payment method selected on the Site. Max Pro B.V. is free to offer any payment method of its choice and may change these payment methods at any time.
Article 8 Warranties and Conformity
8.1 Max Pro B.V. warrants that the Products are suitable for their intended use, as described on the Site.
8.2 If the delivered Product fails to satisfy the Agreement at delivery, Max Pro B.V. must be notified thereof within a reasonable period of time, which is ultimately fourteen (14) days after delivery of the Product.
8.3 If a Product does not satisfy the Agreement and the Client has notified Max Pro B.V. thereof within the period mentioned in article 8.2, the Product concerned will be repaired, replaced or (partially) refunded, such in consultation with the Client. Complaints after the period mentioned in article 8.2 will not be accepted by Max Pro B.V.
8.4 Max Pro B.V. offers a two year warranty for blow dryers, brushes and accessories and lifetime warranties on curling irons and straighteners. The lifetime warranty is only valid if the product is registered within 30 days of purchase. In case you want to appeal the warranty, Max Pro B.V. asks you for a valid proof of purchase/ receipt, the product must have a technical defect. Please be aware that you can only appeal on your warranty in case you bought the product from an official Max Pro retail point. Please ensure that you only purchase Products through the Site or from an official Max Pro retail point. If you have any questions about the official Max Pro retail points, please contact us.
Article 9 Complaints handling procedure
9.1 If the Client has any grievances in connection with a Product (in accordance with article 8 entitled, “Warranties and Conformity”), or regarding any other aspects of the Site or service of Max Pro B.V., it can submit a complaint by email or in writing through the contact form. The contact details of Max Pro B.V. are provided at the end of the General Terms and Conditions.
9.2 Max Pro B.V. will respond to the complaint as soon as possible, and in any case within seven (7) days after receipt of the complaint. If Max Pro B.V. is unable to formulate a substantive response to the complaint within such period, Max Pro B.V. will confirm receipt of the complaint within seven (7) days after receipt of the complaint and give an indication of the term within which it expects to be able to give a substantive or definitive response to the Client.
Article 10 Liability
10.1 The total liability of Max Pro B.V. in respect of the Client due to an attributable failure to perform the Agreement is limited to a compensation which does not exceed the price stipulated for that particular Agreement (including VAT and shipping costs).
10.2 Max Pro B.V. cannot be held liable for any indirect damages or losses, including, without limitation, consequential damages, lost profits, lost savings, loss of data and damage due to business interruption
10.3 Except as otherwise explicitly provided for in this article 10, Max Pro B.V. is not subject to any liability, irrespective of the grounds upon which an action or proceeding may be based. The restrictions set out in this article 10.3, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of Max Pro B.V.
10.4 Max Pro B.V. will only be liable to the Client on account of an attributable failure in the performance of an Agreement if the Client issues a written notice of default to Max Pro B.V. without delay, stipulating a reasonable period of time in which Max Pro B.V. has the possibility to remedy the default, and Max Pro B.V. fails to cure the default within such period. The notice of default must contain a description of the default in as much detail as possible, in order to enable Max Pro B.V. to provide an adequate response and/or take adequate action.
10.5 Any event giving rise to compensation is always subject to the condition that the Client reports the damage or loss in writing to Max Pro B.V. as soon as possible, but no later than within thirty (30) days after the damage or loss has arisen.
10.6 Max Pro B.V. is not liable to pay compensation for any damage or loss the Client has incurred as a result of a “force majeure event”, as meant in article 6:75 Dutch Civil Code (“DCC”). This includes amongst others (and without limitation) the event that any third party engaged by Max Pro B.V. is not able to fulfill its obligations due to a force majeure event.
Article 11 Retention of title
11.1 As long as Max Pro B.V. has not received full payment for the Products, Max Pro B.V. will retain the ownership of the Products.
Article 12 Personal details
Article 13 Final provisions
13.1 The General Terms and Conditions and the Agreement are exclusively construed in accordance with and shall be exclusively governed by the laws of the Netherlands.
13.2 Any dispute arising out or in connection with the General Terms and Conditions and the Agreement, including disputes concerning the existence and validity thereof will if no amicable settlement can be reached, be resolved by the competent Dutch court in the district where Max Pro B.V. has its registered office.
13.3 In the event that any of the provisions contained in the General Terms and Conditions will be deemed invalid or unenforceable, then the remaining provisions shall be construed as if such invalid provisions were not contained herein; and such invalid or unenforceable provisions will then be deemed to have been replaced by a provision which as closely as possible meets the intention of Max Pro B.V. when inserting the original provision.
If you have any questions, complaints or comments after reading the General Terms and Conditions, or if you need to provide us with notice, please contact us by email or in writing.
Max Pro B.V.
Chamber of Commerce number: 72028920
These Terms & Conditions were last amended on 01-04-2020.