Terms and conditions
General Terms and Conditions Negus B.V. - Consumers
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1. Definitions and Webshop
1.1. In these conditions, the following terms are understood as:
a. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
b. Consumer: a natural person who does not act in the course of a profession or business;
c. Continuous transaction: a distance agreement related to a series of products and/or services, where the delivery and/or performance obligation is spread over time;
d. Right of withdrawal: the consumer's ability to renounce the distance agreement within the cooling-off period;
e. Distance agreement: an agreement in which, within the framework of a system organized by the entrepreneur for selling products and/or services at a distance, the conclusion of the agreement is exclusively made by using one or more techniques for remote communication.
1.2. The webshop is registered with the Chamber of Commerce and complies with legal requirements. The webshop has an SSL Certificate.
1.3. Your personal data will never be disclosed to third parties without your permission.
1.4. In case of suspected misuse, fraud, or hacking, a report will be filed with the police.
2. Identity of the Entrepreneur
Name: Negus B.V.
Address: Negus B.V., 3067 AC Rotterdam
Phone number: 085-3039614
Email: info@negus.store
Availability: 8:00 AM – 6:00 PM
Chamber of Commerce (KvK) number: 82641498
VAT number: NL8862548688B01
3. Customer Data
3.1. The consumer is responsible for the accuracy and reliability of the provided data, even if it comes from a third party, unless the nature of the agreement dictates otherwise. In case of incorrect data, Negus has the right to terminate the agreement.
3.2. Negus will use these data only to confirm and confirm orders under the conditions and these general terms.4. Applicability and Agreement
4.1. These general terms apply to all offers, (purchase) agreements, and deliveries between Negus Investments B.V. (hereinafter referred to as "Negus") and the consumer, where Negus sells or delivers goods and/or parts of goods, or services to the consumer. This includes any distance agreement concluded between Negus and the consumer.
4.2. Before the agreement (at a distance) is concluded, the general terms will be made available to the consumer unless otherwise agreed in writing.
4.3. If the agreement (at a distance) is concluded electronically, the general terms can be provided to the consumer electronically in a way that can be easily stored by the consumer on a durable medium unless otherwise agreed in writing.
4.4. All services and offers on the part of Negus, under whatever name they may be known and in whatever way they may be made, are non-binding unless otherwise stated.
4.5. The agreement is only concluded upon written confirmation.
4.6. Deviations, including additions or extensions to these general terms, are only valid if agreed upon in writing by both parties. In the case of conflicting conditions, additions or extensions to the general terms take precedence.
4.7. In case any provision of these general terms, including additions or extensions to these general terms, is void or annulled, the remaining provisions shall remain in full force, and the consumer and Negus shall consult to agree on new provisions to replace the void/annulled provision(s). The purpose and intent of the general terms will be taken into account as much as possible.
5. Offer/Agreement
5.1. If an offer has a limited validity period or is subject to other conditions, this will be explicitly mentioned in the offer. The agreement is concluded through an offer and acceptance.
5.2. If the consumer has accepted the offer electronically, Negus will immediately confirm the receipt of the acceptance electronically. Until the acceptance is confirmed by Negus, the consumer can cancel the agreement.
5.3. The offer includes a complete and accurate description of the products and/or services, with a description detailed enough to allow the consumer to make a proper assessment of the offer. If Negus uses images, these are indicative. All images, photos, drawings, and data regarding specifications on the Negus website are indicative and cannot be the basis for compensation or dissolution of the agreement. No rights and obligations can be derived from these images.
5.4. Obvious mistakes or obvious (typographical) errors in the offer do not bind Negus.
6. Prices
6.1. Unless explicitly stated otherwise by Negus in writing, all prices are in Euros and include VAT and any other government-imposed levies or margin schemes.
6.2. Changes in taxes, excise duties, and similar government-imposed levies will be passed on in both agreed and non-agreed prices.
6.3. In addition to the aforementioned changes, price increases due to changes in factory and/or importer prices and exchange rates may also be passed on to the consumer. After being notified of these changes, the consumer has the right to terminate the agreement if the increase in the agreed price by the seller occurs after the conclusion of the agreement. Termination must take place within seven days of notification.
6.4. Shipping costs become visible once the product is added to the shopping cart.
6.5. Price changes due to actions that have arisen after a product has been ordered are not possible.
7. Payment and Terms
7.1. Payment must be made by a one-time direct debit or by transfer to an account specified by Negus within 14 days of the invoice date unless otherwise agreed in writing.
7.2. If the payment term has expired and payment has not been made, a payment reminder will be sent to the consumer. This reminder informs the consumer of the default and provides an opportunity to pay within 14 days from the date of issue.
7.3. After the above-mentioned period, without further notice or announcement, Negus is authorized to collect the amount owed to Negus.
7.4. If Negus assigns the claim for collection, the consumer is liable for extrajudicial collection costs. These costs are calculated according to the collection rate laid down in the Collection Costs Act or its successor, plus VAT, without prejudice to Negus's right to claim the actual extrajudicial collection costs instead.
7.5. If the consumer defaults on any payment, Negus is entitled to suspend (the performance of) related agreements with the consumer or to dissolve them.
8. Delivery and Transfer of Risk
8.1. The consumer is obligated to ensure: a. Accessibility of the delivery location and, as far as possible, to do everything in their power to facilitate the smooth delivery of the ordered product; b. Acceptance of the ordered product; c. A substitute person who can receive the product if necessary.
8.2. Shipping costs, as well as return costs, are borne by the consumer. Refund of shipping costs will only take place if the entire agreement is revoked.
8.3. Costs arising from the consumer's failure to comply with Article 8, paragraph 1, will be charged to the consumer.
8.4. The risk of loss or damage to the items that are the subject of the order passes to the consumer at the moment when they are legally and/or factually delivered to the consumer and are thereby brought under the control of the consumer or a third party designated by the consumer.
9. Retention of Title
9.1. Negus retains ownership of the goods sold to the consumer until the consumer has fully paid the total amount due under the agreement. The consumer is obliged to handle the product with care and is not entitled to transfer goods to third parties, pawn them, pledge them, remove them from the delivery space, or have them removed until the full purchase price and any interest and costs are fully paid. In case of violation of the aforementioned, the product becomes immediately due without the intervention of the court.
10. Cancellation and Withdrawal
10.1. In the purchase of products, the consumer has the option to terminate the agreement without giving any reason within 14 days. If an appointment for delivery has already been agreed upon between the parties within this period, the agreement can be canceled a maximum of 24 hours before the delivery.
10.2. The cooling-off period starts on the day after the consumer receives the product or a representative designated in advance by the consumer and made known to Negus.
10.3. If the consumer is not satisfied with the purchase, they can revoke the agreement within 14 days of delivery. This must be done in writing. The product must be sent to Negus within 14 days after the notification of withdrawal.
10.4. During the cooling-off period, the consumer will handle the product and packaging with care. The product may only be unpacked to the extent necessary to assess whether the product will be retained. The products must be unused. If the consumer exercises the right of withdrawal, the products, with all accessories provided and, if reasonably possible, in the original condition and packaging, will be returned to Negus, following the instructions provided by Negus.
10.5. If the consumer exercises the right of withdrawal, the consumer has the choice between a refund or a store credit.
10.6. To exercise the right of withdrawal, the consumer will take into account the instructions provided by Negus at the offer and/or at the time of delivery.
10.7. The cost of returning the product is the responsibility of the consumer.
10.8. If payment has already been made, Negus will refund the amount within 30 days of receiving the product.
11. Conformity
11.1. The delivered part possesses the characteristics that the consumer may reasonably expect based on the agreement. If the product does not meet reasonable expectations, the consumer is entitled to replacement. If replacement is not possible, an equivalent product will be offered, and if this is not possible, the consumer has the right to terminate the agreement.
11.2. An appeal to non-conformity on the part of the consumer will not succeed if it is claimed that the delivered product deviates in color from what was agreed. Negus uses natural hair for its products, which may result in a slight deviation in color from what was agreed.
11.3. The consumer must examine the delivered goods or services immediately or, at the latest, immediately after delivery to determine whether they comply with the agreement.
11.4. Alleged deviations from reasonable expectations must be reported to Negus within 14 days of receipt.
11.5. If the product is demonstrably defective or faulty upon delivery, it can be exchanged for an equivalent, comparable part, if available, within 7 days from the day after delivery. The product must be returned in its original condition. If the product is not available, and the consumer has timely reported the defect or fault, the consumer is entitled to partial or full refund of the purchase price.
11.6. If the consumer has not reported the defect in a timely manner, they are not entitled to any refund of funds or replacement of the product.
11.7. The consumer is obliged to inform Negus in a timely and written manner about inaccuracies in the delivered goods. Notifications must be made in writing to Negus within 7 days from the delivery date.
11.8. Negus only offers a warranty to the extent that the products have been placed according to Negus's guidelines. If Negus's guidelines are not followed, the client cannot hold Negus liable.
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12. Warranty
12.1. The warranty period is fourteen days after delivery.
12.2. Warranty only exists to the extent that defects cannot reasonably be attributed to non-corresponding use.
12.3. The warranty expires if the alleged defect was known or could reasonably have been known at the time of the conclusion of the agreement.
12.4. For hygienic reasons, Negus reserves the right to waive the warranty period if the products are no longer sellable according to Negus's expertise.
12.5. Negus can only offer a warranty if the consumer uses the products properly. If silver shampoo or dye is used without any approval from Negus, the warranty on the product is immediately void.
12.6. If the product is defective within the warranty period, except in cases of intent or deliberate damage, the consumer is entitled to replacement of the product. If the consumer does not want a replacement, the purchase amount will be refunded.
13. Liability
13.1. Negus shall not be liable for miscommunication, delays, or the improper receipt of order data and communications resulting from the use of any means of communication, unless there is intent or gross negligence on the part of Negus.
13.2. In all cases, liability is limited to the amount agreed upon between the parties.
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14. Force Majeure
14.1. Negus and the consumer are not obligated to fulfill any obligations towards each other in the event of force majeure.
14.2. Force majeure is defined as all external, demonstrably unforeseen causes over which Negus or the consumer could not exercise influence. Both parties have the right to invoke force majeure if the circumstance preventing the performance of the agreement occurs after the obligation should have been fulfilled.
14.3. During the period of force majeure, parties may suspend the obligations arising from the agreement. If this period lasts longer than one month, either party is entitled to terminate the agreement without the obligation to compensate damages to the other party.
15. Complaints
15.1. Complaints refer to all grievances related to the execution of the agreement.
15.2. Negus has a complaints procedure and handles complaints in accordance with this procedure. All complaints about the product should be directed to Negus.
15.3. Complaints must be communicated in writing within a reasonable time—no later than 7 days after discovery—and must be fully and clearly described to Negus.
15.4. Negus has an obligation to investigate for one month after the complaint is received. After this month, a decision will be made, and the resolution of the further complaint will be in accordance with the general terms and conditions.
15.5. Complaints will generally be resolved between the parties, with Negus committing to making a reasonable effort to resolve the complaint.
16. Applicable Law and Choice of Forum
16.1. The agreement is exclusively governed by Dutch law.
16.2. All disputes between the parties will be submitted exclusively to the competent court in the District of Rotterdam, unless a dispute is subject to the rules of the subdistrict court, in which case the statutory rules will apply.
17. Changes to the General Terms and Conditions
17.1. Changes to these general terms and conditions are only effective after being published in an appropriate manner, with the understanding that, in the case of applicable changes during the duration of an offer, the provision most favorable to the consumer will prevail.
