Terms and conditions
Introduction
By placing an order on www.maxprohair.com, you agree to purchase a Product under the following terms and conditions of Max Pro B.V. (the "Terms and Conditions").
The Terms and Conditions are always applicable between you and Max Pro B.V. when you use or place an order through the website www.maxprohair.com (the "Site").
The Terms and Conditions contain important information for you as a customer of Max Pro B.V.. Please read them carefully. We also recommend saving or printing the Terms and Conditions so that you can refer to them later.
Article 1 Definitions
Max Pro B.V.: a private limited company under Dutch law, located in Hoofddorp (Netherlands), registered with the Chamber of Commerce under registration number: 72028920, operating under the trade name "Max Pro X MOHI".
Site: the website www.maxprohair.com and all its subdomains.
Client: the natural person or business acting in the exercise of a profession or business who enters into an agreement with Max Pro B.V. Product(s): the product or products as offered on the Site.
Agreement: any arrangement or agreement between Max Pro B.V. and the Client of which the Terms and Conditions form an integral part.
Terms and Conditions: the current terms and conditions of Max Pro B.V.
Article 2 Applicability of the Terms and Conditions
2.1 The Terms and Conditions apply to all offers and deliveries of and agreements with Max Pro B.V., unless expressly agreed otherwise in writing.
2.2 If the Client declares other provisions or conditions applicable in his order, confirmation, or through any other means of communication, these provisions are only binding on Max Pro B.V. if and insofar as Max Pro B.V. has expressly 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. are inclusive of taxes and other levies imposed by the government, unless otherwise stated 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 separately stated during the ordering process.
3.3 The content of the Site is compiled with the greatest care. However, Max Pro B.V. cannot guarantee that all information on the Site is displayed correctly and/or complete at all times. All prices and other information displayed on the Site and on other materials originating from Max Pro B.V. may contain typographical and/or programming errors. Max Pro B.V. cannot be held liable for such typographical and/or programming errors and reserves the right to correct such errors at any time.
3.4 Max Pro B.V. cannot be held liable for any discrepancies 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 is deemed to have been concluded at the moment the Client accepts the offer from Max Pro B.V., to which the Terms and Conditions apply.
4.2 If the Client has accepted the offer electronically, Max Pro B.V. will also confirm receipt of the acceptance of the offer electronically.
4.3 If it appears that the Client has provided incorrect data when accepting or otherwise entering into the Agreement, Max Pro B.V. has the right to suspend its obligations until the correct data of the Client has been received.
4.4 Max Pro B.V. expressly reserves the right to reject an order from the Customer without stating reasons.
4.5 Max Pro B.V. prohibits the sale of Products by unauthorized resellers and does not sell or deliver Products to unauthorized resellers. An order from an unauthorized reseller will be refused without giving reasons, and the respective Customer will be excluded from the Site.
Article 5 Performance of the agreement
5.1 Once Max Pro B.V. has received an order from the customer and 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 B.V. is authorized to engage third parties in the performance of its obligations under the Agreement.
5.3 The Site contains information on the manner 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 B.V. is unable to deliver the Products within thirty (30) days after the confirmation of acceptance of the order, it will notify the Customer thereof. In that case, the Client can decide either to agree on a new delivery date or to terminate the Agreement free of charge. Max Pro B.V. cannot be held liable for any delay in the delivery process.
5.5 Max Pro B.V. advises the Customer to inspect the Products upon receipt and to report any defects in writing or by email within two (2) working days after delivery.
5.6 Once the product is delivered to the delivery address specified by the customer, the risk of the product passes entirely to the customer.
5.7 If the ordered Product cannot be delivered anymore, Max Pro B.V. 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 return the Product free of charge.
Article 6 Revocation/return
6.1 The customer has the right to return the product within fourteen (14) days after delivery to the customer.
6.2 The customer must notify Max Pro B.V. of his/her intention to return the product by sending an email 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 by Max Pro B.V., the Client has fourteen (14) days to return the Product to Max Pro B.V. The Customer shall bear the costs of returning the Products to Max Pro B.V.
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 of 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 B.V. when Max Pro B.V. receives the Product. This means that Max Pro B.V. cannot be held responsible for any returns that (for example) get lost and/or damaged in the mail when returning. Therefore, we advise you to choose registered shipping, request tracking information, and ensure that the package with the returned Product(s) is delivered. Max Pro B.V. does not make exceptions to this policy.
6.5 Upon receipt and acceptance of the returned Products, Max Pro B.V. 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 B.V. in accordance with the ordering process and via the payment method chosen on the Site. Max Pro B.V. is free to offer any payment method of choice and may change these payment methods at any time.
Article 8 Warranties and conformity
8.1 Max Pro B.V. 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 B.V. must be notified thereof 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 notified Max Pro B.V. thereof within the period mentioned in article 8.2, the respective Product will be repaired, replaced, or (partially) refunded, in consultation with the Customer. Complaints after the period mentioned in article 8.2 will no longer be handled by Max Pro B.V.
8.4 Max Pro B.V. offers a two-year warranty on hair dryers, brushes, and accessories and a lifetime warranty on curling irons and straighteners. The lifetime warranty is only valid if the product is registered within 30 days of purchase. If you want to make a claim under the warranty, Max Pro B.V. asks you to provide a valid proof of purchase, the product must have a technical defect. Please note that you can only claim the warranty if you purchased the product from an official Max Pro retailer. Make sure to only purchase products through the Site or from an official Max Pro retailer. If you have any questions about the official Max Pro retailers, please contact us.
Article 9 Complaints handling
9.1 If the Client has complaints regarding a Product (as per article 8 entitled "Warranties and conformity"), or regarding other aspects of the Site or the service of Max Pro B.V., he/she can submit a complaint via the contact form or in writing. You can find the contact details of Max Pro B.V. at the end of the Terms and Conditions, and the contact form can be found under the heading "Contact".
9.2 Max Pro B.V. will respond as soon as possible, but no later than seven (7) days after receipt of the complaint. If Max Pro B.V. is unable to provide a substantive response to the complaint within this period, Max Pro B.V. will confirm receipt of the complaint within seven (7) days after receipt of the complaint and indicate within which period it expects to be able to provide a substantive or final response to the complaint.
Article 10 Liability
10.1 The total liability of Max Pro B.V. to the Customer for attributable failure to perform the Agreement is limited to compensation that does not exceed the price agreed for that specific Agreement (including VAT and shipping costs).
10.2 Max Pro B.V. cannot be held liable for any indirect damage or loss, including, but not limited to, consequential damage, loss of profits, loss of savings, loss of data, and damage due to business interruption.
10.3 Unless expressly stated otherwise in this article 10, Max Pro B.V. is not liable, regardless of the grounds on which an action or proceeding is based. However, the limitations set forth in this article 10.3 shall not apply insofar as the damage is the result of intent or gross negligence of Max Pro B.V..
10.4 Max Pro B.V. is only liable to the Client for attributable failure to perform an Agreement if the Client promptly notifies Max Pro B.V. in writing of the default, specifying a reasonable period within which Max Pro B.V. can remedy the default, and Max Pro B.V. fails to remedy the default within that period. The notice of default must contain as detailed a description of the breach as possible, so that Max Pro B.V. is able to respond adequately and/or take appropriate action.
10.5 A condition for compensation of damages is always that the Client reports the damage to Max Pro B.V. as soon as possible, but no later than thirty (30) days after the occurrence of the damage.
10.6 Max Pro B.V. is not obliged to compensate 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, among other things (and without limitation), the situation where a third party engaged by Max Pro B.V. is unable to fulfill its obligations due to a force majeure situation.
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. retains ownership of the Products.
Article 12 Personal data
12.1 Max Pro B.V. 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 Terms and Conditions and the Agreement shall be construed and governed exclusively by Dutch law.
13.2 All disputes arising out of or in connection with the Terms and Conditions and the Agreement, including disputes concerning their existence and validity, shall, if no amicable settlement can be reached, be settled by the competent Dutch court in the district where Max Pro B.V. is established.
13.3 If any provision in the Terms and Conditions is deemed invalid or unenforceable, the remaining provisions shall be construed as if such invalid or unenforceable provisions were omitted; and such invalid or unenforceable provisions shall be deemed replaced by a provision that most closely approximates the intention of Max Pro B.V. in inserting the original provision.
Contact Information
If you have any questions, complaints, or comments after reading the Terms and Conditions, or if you need to inform us of something, please feel free to contact us.
Max Pro B.V.
Parellaan 26
2132WS Hoofddorp
Netherlands
Contact us
Chamber of Commerce number: 72028920
The Terms and Conditions were last updated on 01-04-2020.
