General terms and conditions Celíne Noé:

This Web site is operated by Celíne Noé. Throughout the site, the terms "we," "us" and "our" refer to Celíne Noé. Celíne Noé offers this website, including all information, tools and services available from this site to you (the Client or Consumer) conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing anything from us, you agree to accept our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions," "Terms and Conditions," "Service"), including the additional terms and conditions and policy guidelines stated herein and/or available by hyperlink.

These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or content contributors. Please read these Terms and Conditions carefully before entering or using our website.

By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions herein, you may not access the Site or use any Services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new feature or tools added to the current store will also be subject to the Terms and Conditions. You can view the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, modify or replace any part of these Terms and Conditions by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of changes constitutes acceptance of those changes.

 

DEFINITIONS:

Capitalized terms, whether singular or plural, have the meanings set forth in the General Terms and Conditions:

a. Celíne Noé: the company Celíne Noé, established in (6902 PK) Zevenaar at the address

Edison Street 96, registered with the Chamber of Commerce under number: 94055270.

b. Customer: the customer who, whether or not acting in the course of a profession or business, enters into an Agreement with Celíne Noé and/or has registered on the Website.

c. Consumer: the Customer who is a natural person and not acting in the exercise of a profession or

company.

d. Parties: Celíne Noé and the Customer jointly.

e. Agreement: any arrangement or agreement between Celíne Noé and the Customer established through the Website, of which the Terms and Conditions are an integral part.

f. Products: all items to be delivered or supplied to the Customer by Celíne Noé under the Agreement, such as but not limited to DIY Eyelash Extensions.

g. Website: the Celíne Noé website, accessed at www.celinenoe.com and all associated

subdomains.

h. General Terms and Conditions: these General Terms and Conditions of Celíne Noé published on the Website and filed with the Chamber of Commerce under number: 94055270.

i. Service means all services, information, tools and features offered by Celíne Noé through the Website, including but not limited to browsing and viewing content, purchasing Products, receiving customer service, and accessing additional materials or resources.

Submission of personal information through the website is governed by our Privacy Policy.

Please review our Privacy Policy for this purpose.

SECTION 1 - ONLINE SHOPPING TERMS AND CONDITIONS:

By agreeing to these Terms and Conditions, you represent that you are at least of the age of majority in your state or province of residence, or that you are of the age of majority in your state or province of residence and you have given us permission for one of your minor dependents to use this site.

You may not use our products for illegal or unauthorized purposes, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

A violation of any of the Terms and Conditions will result in immediate termination of your Service.

1. All offers, deliveries and Agreements by or with Celíne Noé are subject to the General Terms and Conditions, unless expressly agreed otherwise in writing.

2.The General Conditions shall apply to the work or deliveries performed by third parties under the Agreement.

3. The applicability of any purchase or other conditions of the Customer is expressly rejected.

4. If the Customer, in his order, confirmation or communication containing acceptance, includes provisions or conditions that differ from or do not appear in the General Terms and Conditions, these are only binding on Celíne Noé if and insofar as they are expressly accepted by Celíne Noé in writing.

5. In the event that specific product or promotional terms and conditions apply in addition to these General Terms and Conditions, those terms and conditions shall also apply.

6. Celíne Noé may not always require strict compliance with the General Terms and Conditions. This does not mean that the provisions do not apply or that Celíne Noé loses the right to require strict compliance with the General Terms and Conditions in other cases.

7. If a provision in the Agreement or General Terms and Conditions proves to be void, this shall not affect the validity of the entire Agreement or General Terms and Conditions. In that case, the parties will adopt a new provision to replace it, which as far as is legally possible will give shape to the intention of the original provision.

 

SECTION 2 - GENERAL TERMS AND CONDITIONS:

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (except credit card information), may be transmitted unencrypted and involve (a) transmissions over various networks; and (b) changes to adapt to technical requirements of connecting networks or devices. Credit card information is always transmitted across networks in encrypted form.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided without express written permission from us.

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION:

We are not responsible if information available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or current sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is obviously not current and is provided for your reference only. We reserve the right to change the content of this site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor changes on our site.

SECTION 4 - CHANGES TO SERVICE AND PRICES:

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES:

Our products or services are only available online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy. See return policy.

We have made every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that the display of colors on your screen will be accurate. We deliver only to the following countries Netherlands, Belgium, Germany, Luxembourg, Austria, France, Spain, Italy, Portugal.

We reserve the right, but have no obligation, to restrict the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit quantities of any products or services offered. Any descriptions of products or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

We do not guarantee that the quality of any products, services, information or other materials you purchase or obtain will meet your expectations, or that any errors in the Service will be corrected.

If you choose to return an order that includes a free gift, we kindly ask that you return the gift as well. We trust you understand that these gifts are provided as a special bonus with your purchase. If you choose not to return the gift when returning your order, we reserve the right to charge you for the value of the gift.

SECTION 6 - RETENTION OF TITLE:

All Products delivered remain the property of Celíne Noé until all claims Celíne Noé has against the Customer (including any related (collection) costs and interest) have been paid in full. Prior to such transfer of ownership, the Customer is not authorized to sell, deliver, pledge or grant any other right to the Products to third parties.

If third parties seize Products delivered under retention of title or wish to establish or assert other rights to them, the Customer is obliged to inform Celíne Noé immediately.

Celíne Noé is entitled to take back Products delivered under reservation of ownership and still in the Customer's possession if the Customer fails to pay invoices on time or in full or has or is likely to have payment difficulties. The Customer shall at all times grant Celíne Noé free access to its Products for inspection thereof and/or to exercise Celíne Noé's rights.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting you at the email address and/or billing address/phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made from our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 8 - DELIVERY:

Once the order has been confirmed by Celíne Noé to the Customer, Celíne Noé will send the Products as soon as possible. Celíne Noé is entitled to deliver an order containing several Products in parts and to invoice the parts delivered separately. If a deadline is agreed or specified for the delivery of Products, it is not a deadline. If a deadline is exceeded, the Customer must first give Celíne Noé written notice of default before Celíne Noé is in default. If the Customer is a Consumer, the delivery period is a maximum of 30 days.

The Customer is obliged to take delivery of Products at the time they are made available to him. If the Customer fails to do so, Celíne Noé is entitled to store the Products at the Customer's risk. Associated costs such as transportation and storage costs will be borne by the Customer.

Celíne Noé is entitled to supply a similar Product of similar quality to the Product ordered, if the Product ordered is no longer available. The Customer is then entitled to rescind the Agreement free of charge and return the Product free of charge.

SECTION 9. PRICES AND PAYMENT:

All prices stated on the Website and in other materials derived from Celíne Noé include VAT and other levies imposed by the government, unless otherwise stated on the Website.

In the event of cross-border delivery of Products, Celíne Noé will charge VAT and other government levies in accordance with the applicable (international) laws and regulations. Lashbabe will also charge the Customer for any import or customs duties. Shipping costs will be charged to the Client, unless otherwise indicated on the Website. The amount of the costs will be shown in the ordering process.

The Customer must make payments to Celíne Noé according to the payment methods indicated in the ordering procedure and, if applicable, on the Website. Celíne Noé is free in its choice of offering payment methods and these may also change from time to time.

In case of payment after delivery, the Customer has a payment term of 14 days starting the day after delivery.

If the Customer fails to fulfill his payment obligation(s) in time and/or in full, the Customer shall be in default. In such a case, all claims Celíne Noé has on the Customer are immediately due and payable, without further summons or notice of default thereon. All extrajudicial and judicial costs incurred by Celíne Noé in such a case will be borne by the Customer. These are a minimum of 15% of the principal sum, with a minimum of €250. In addition, in case of default, the Customer is liable to pay Celíne Noé interest of 1% per month, whereby a part of the month counts as a full month.

If the Customer is a Consumer and the Consumer does not fulfill his payment obligation(s) on time and/or in full, then, notwithstanding paragraph 6 of this article, Celíne Noé shall give the Consumer another opportunity to fulfill his payment obligation(s) within a period of 14 days (notice of default). If the Consumer again fails to pay the amount due, the Consumer is in default. In that case, the Consumer will owe Celíne Noé the legal interest and the legal collection costs.

Celíne Noé is entitled to deduct payments made by the Customer to Celíne Noé first from expenses, then from accrued interest and finally from principal and accrued interest.

Celíne Noé is entitled to suspend the delivery of Products if the Customer fails to fulfill his payment obligations.

The Customer is obliged to report objections to (the amount of) an invoice to Celíne Noé in writing and as detailed as possible within 14 days of the invoice date. If the Customer has not made any objections within 14 days of the invoice date, the invoice is deemed to be approved. Objections to an invoice do not suspend the Customer's payment obligation.

SECTION 10 - OPTIONAL TOOLS:

We may provide you with access to third-party tools that we do not control or have influence over.

You acknowledge and agree that we provide access to such toola "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability arising out of or related to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you must ensure that you are familiar with and have approval of the terms on which tools are offered by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms and Conditions.

SECTION 11 - THIRD-PARTY LINKS:

Certain content, products and services available through our Service may contain materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will have no liability or responsibility for any third-party materials or websites, or for any other third-party materials, products or services.

We are not liable for any damages or losses related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third-party websites. Please carefully review third-party policies and practices and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions about third-party products should be directed to the third party.

 

SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS:

If, at our request, you send certain specific submissions (e.g., contest entries) or without a request from us send creative ideas, suggestions, proposals, plans or other material online, by e-mail, by postal mail or otherwise (collectively, "comments"), you agree that we may edit, copy, publish, distribute, translate and otherwise use in any medium any comments you send to us at any time, without limitation. We are not and will not be required (1) to hold any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we, in our sole discretion, deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates the intellectual property or these terms and conditions of any party.

You agree that your comments will not violate any third party right, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain defamatory or otherwise illegal, offensive or obscene material, or any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS:

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may refer to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without notice (including after you submit your order).

We assume no obligation to update, modify or clarify any information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be construed as indicating that any information in the Service or on any related website has been changed or updated.

SECTION 14 - PROHIBITED USES:

In addition to other prohibitions set forth in the terms and conditions, you are prohibited from using the site or its contents:

(a) For an unlawful purpose;

(b) To encourage others to engage in or participate in unlawful acts;

(c) to violate international, federal, provincial or state regulations, rules, laws or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to defame, abuse, insult, harm, slander, defame, belittle, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;

(f) To submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spin, crawl or scrape;

(j) For any obscene or immoral purpose; or

(k) to circumvent or interfere with the security features of the Service or any related website, other websites or the Internet. 

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 - INVESTIGATIONS AND COMPLAINTS:

Once Celíne Noé has delivered Products to the Customer, the Customer is obliged to thoroughly verify that the Products are sound and in accordance with the Agreement. Any defects, faults, damages and/or discrepancies in quantities, the Customer must notify Celíne Noé in writing within 48 hours, after delivery or after the Customer could reasonably have known of the complaint. Any complaint must contain as detailed a description of the complaint as possible, so that Lashbabe is able to respond adequately.

The Customer must allow Celíne Noé to investigate a complaint. If return shipping is necessary to investigate the complaint, the cost of return shipping or the cost of investigation will be borne by the Customer, unless the complaint is subsequently found to be justified. The transportation risk is always for the Customer. Celíne Noé will provide the Customer with a response to the complaint as soon as possible, but in any case within 30 days of receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, Celíne Noé will confirm the complaint within 30 days of the receipt of the complaint and provide an indication of the time within which it expects to provide a substantive or definitive response to the Customer's complaint. The Customer must give Celíne Noé the opportunity to investigate a complaint. Accordingly, the Customer must return the Product in question to Celíne Noé at his expense and risk. If the Customer files a complaint in a timely manner, this does not suspend his payment obligation.

If Celíne Noé determines that the Customer has made a timely and justified complaint, Celíne Noé will, at Celíne Noé's option, provide an appropriate solution in the form of repair, replacement or reimbursement of up to the amount paid by the Customer for the relevant part of the Agreement. In the case of replacement of a Product, the Customer is obliged to return the replaced Product to Celíne Noé and transfer ownership thereof to Celíne Noé, unless Celíne Noé indicates otherwise. If Celíne Noé determines that the Customer has not filed a complaint in a timely manner or has filed a complaint unjustifiably, Celíne Noé is not required to process the complaint and the Customer is no longer entitled to repair, replacement or compensation as referred to in paragraph 7 of this article. Moreover, in that case, the costs, including the investigation costs on the part of Celíne Noé shall be borne by the Customer.

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the Service indefinitely or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are provided (except as expressly stated by us) "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event will Celíne Noé, our directors, officers, employees, affiliates, agents, contractors, interns, creators, suppliers, service providers or licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort (including negligence) strict liability or otherwise, arising out of your use of any of the services or products purchased using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of using the Service or any content (or product) posted, transmitted or otherwise made available through the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.

Celíne Noé is liable only insofar as is apparent from these General Terms and Conditions. The same applies to third parties engaged by Celíne Noé for the purpose of executing the Agreement, such as but not limited to: employees and other persons engaged by Celíne Noé in the execution of the Agreement. Delivery of the Products releases Celíne Noé from any liability for defects that the Customer had already discovered or could reasonably have discovered at the time of delivery. Celíne Noé cannot influence the ultimate use of the Products delivered by the Customer. Any liability for any damage that may occur during or as a result of the use of Products including as a result of an allergic reaction is excluded. Celíne Noé is not liable for damage caused because Celíne Noé has relied on incorrect and/or incomplete information provided by or on behalf of the Customer.

Celíne Noé is not liable for damages caused by:

(a) Failure to comply with a Product's instructions for use, health hazard safety instructions and/or (other) manuals;

(b) Failure to observe or follow any instructions and/or warnings provided by Celíne Noé with respect to any Product;

(c) repair to or maintenance of any Product by anyone other than Celíne Noé;

(d) improper maintenance of a Product;

(e) Improper or careless use of any Product;

(f) wear and tear from normal use of a Product;

(g) placement, modification and/or processing of any Product by anyone other than Celíne Noé or a third party designated by Celíne Noé;

(h) use a Product for any purpose other than that for which the Product is intended;

Celíne Noé is never liable to the Customer for indirect damage, including in any case consequential damage, lost profits, missed savings, loss of data and damage due to business interruption.

Celíne Noé can only be liable for direct damage caused by an attributable failure to fulfill the obligation(s) arising from the Agreement that the Customer has reported to Celíne Noé by registered letter within 30 days after the Customer became aware of it or could have become aware of it. 

Direct damage means:

(a) the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to the damage within the meaning of these General Terms and Conditions.

(b) any reasonable costs incurred to make Celíne Noé's defective performance conform to the Agreement;

(c) reasonable costs incurred to prevent or limit damage, provided that the Customer demonstrates that these costs resulted in limiting direct damage as referred to in these General Terms and Conditions.

The (cumulative) liability of Celíne Noé on any legal ground(s) whatsoever shall at all times be limited to the amount paid out under Celíne Noé's liability insurance in the relevant case. If for any reason no payment is made under the aforementioned insurance, any (cumulative) liability, based on any legal ground(s) whatsoever, cannot result in a sum of money having to be paid to the Customer higher than the amount invoiced under the part of the Agreement to which the liability relates.

Any liability of Celíne Noé shall expire 6 months from the time the Agreement has been terminated by delivery, dissolution or otherwise.

The limitations of Celíne Noé's liability contained in these General Terms and Conditions do not apply if the damage is due to intent or deliberate recklessness on the part of Celíne Noé.

SECTION 17 - INDEMNIFICATION:

You agree to indemnify, defend and hold harmless Celíne Noé and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, creators and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 18 - SEVERABILITY:

In the event that any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such provision shall not affect the validity

and enforceability of the remaining provisions.

SECTION 19 - RIGHT OF WITHDRAWAL:

Only the Consumer may rescind an Agreement entered into remotely (i.e. through the Website) regarding the purchase of a Product during a 14-day cooling-off period without giving reasons, under the conditions described in this article.

The 14-day cooling-off period commences on the day after the Consumer or a third party previously designated by him receives the Products. The Customer may rescind the Agreement within the aforementioned 14-day cooling-off period by sending the model withdrawal form (digitally) to Celíne Noé or by otherwise unambiguously notifying Celíne Noé in writing that he renounces the purchase, whereby the Customer must in any case state his name and the order number. After cancellation, the Consumer has 14 days (after the aforementioned notification) to return the Product, including all accessories, to Celíne Noé.

Within the cooling-off period, the Consumer must handle the Products and packaging with care. The Consumer shall only open the packaging and use the Product to the extent necessary to inspect the nature, characteristics and operation of the Product. The premise here is that this inspection may not go beyond what the Consumer could do in a physical store.

If the Consumer fails to comply with the so properly stated requirements of this section or otherwise damages the Product, the Consumer shall be liable for the resulting diminished value.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer. Shipping costs for returning Products shall be borne by the Consumer.

Products shall be returned to: Department of Returns, PO Box 442 P, 2130AK Hoofddorp. For returns, please refer to our Shipping & Return Policy for necessary information.

Amounts already paid by the Consumer (in advance) will be refunded to the Consumer as soon as possible, at the latest within 14 days after the dissolution of the Agreement, in the same way that the Consumer paid for the order. If there is a reduction in value as referred to in this section, Celíne Noé is entitled to offset the reduction in value against the amounts already paid by the Customer, resulting in a lower refund to the Customer.

Our Products cannot be returned for reasons of health protection and/or hygiene if the seal has been broken after delivery, as in the case of lashes, remover, glue, sealer & tools. Therefore, in case the seal has been broken, the Consumer cannot invoke the right of withdrawal referred to in this article.

SECTION 20 - TERMINATION:

The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this Agreement for all purposes. These Terms and Conditions are effective unless and until terminated by you or by us. You may terminate these Terms and Conditions at any time by letting us know that you no longer wish to use our services, or when you stop using our site.

If we determine in our sole discretion that you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we may also terminate this contract at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly, we may deny you access to our Service (or any part thereof).

Celíne Noé, in addition to its legal powers of rescission and suspension, has the right to rescind the Agreement and/or suspend performance of the Agreement with immediate effect, if any of the following events occur:

(a) the Customer does not, does not fully or does not timely fulfill the obligations under the Agreement and/or General Terms and Conditions;

(b) Celíne Noé has come to Celíne Noé's knowledge after the conclusion of the Agreement that gives good grounds to fear that the Customer will not fulfill his obligations;

(c) the Customer dies;

(d) a request for the granting of (provisional) moratorium has been filed by the Customer;

(e) the Customer has been declared bankrupt or filed for bankruptcy;

(f) attachment is levied against the Customer;

(g) a resolution to dissolve and/or liquidate the Customer has been made;

(h) the Customer is under guardianship or administration;

(i) the Customer otherwise loses the power of disposal or legal capacity with respect to its assets or parts thereof. 

The Customer is obliged to immediately notify Celíne Noé of the occurrence of an event referred to in subsections (d) to (i);

If Celíne Noé exercises its power of rescission or suspension, all resulting costs and damages shall be borne by the Customer and all claims of Celíne Noé shall be immediately due and payable. The Customer waives all rights to terminate the Agreement in whole or in part or to suspend in whole or in part his (payment) obligations, unless the Customer is a Consumer.

SECTION 21 - FORCE MAJEURE:

Celíne Noé is not obliged to fulfill any obligation to the Customer if it is prevented from doing so due to force majeure.

For the purposes of these terms and conditions, "force majeure" means (in addition to its definition in law and case law) all external causes, foreseen or unforeseen, over which Celíne Noé has no control and which prevent Celíne Noé from fulfilling its obligations, such as pandemics, epidemics non-performance by suppliers, electricity failure, failure of internet data network or telecommunication facilities, danger to public health, government measures hindering performance, failure of public infrastructure, general transport problems, strikes, war, terrorist attacks, internal unrest or natural disasters.

Celíne Noé may suspend its obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than 2 months, the Parties are entitled to dissolve the Agreement, without any obligation to pay damages to the other party.

If Celíne Noé has already partially fulfilled or will be able to fulfill its obligations under the Agreement at the time of the occurrence of force majeure, Celíne Noé is entitled to invoice the part already fulfilled or to be fulfilled. The Customer is obliged to pay this invoice.

SECTION 22 - FULL AGREEMENT:

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of that right or provision. These Terms and Conditions and any policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior or contemporaneous agreements, communications and proposals, oral or written, between you and us (including, without limitation, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions will not be construed against the party making the provision.


 

SECTION 23 - APPLICABLE LAW:

These Terms and Conditions and any separate agreements whereby we provide you services/products shall be governed by and construed in accordance with the laws of the Netherlands.


 

SECTION 24 - AMENDMENTS TO GENERAL TERMS AND CONDITIONS:

You can view the most current version of the Terms and Conditions at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of changes to these Terms and Conditions constitutes acceptance of those changes.

SECTION 25 - TEXT MARKETING AND NOTIFICATIONS:

By entering your phone number at checkout and initiating a purchase, subscribing via our subscription form, newsletter or a keyword, you agree that we may send you text notifications (for your order, including shopping cart abandonment reminders) and text marketing offers. Text marketing messages will not exceed 6 per month. You acknowledge that consent is not a condition of purchase.

If you wish to opt out of receiving text marketing messages and notifications, please reply STOP to any mobile message sent from us or use the unsubscribe link we have provided to you within one of our messages. You understand and agree that alternative methods of unsubscribing, such as using alternative words or requests, are not considered a reasonable means of unsubscribing. Message and data fees may apply.

For questions, please send a text message to the number from which you received the messages. You can also contact us for more information. If you wish to unsubscribe, please follow the procedures above.

SECTION 26 - FINAL DETERMINATION:

Celíne Noé is entitled to engage third parties in the performance of the obligations arising from the Agreement. If these General Terms and Conditions are drawn up in another language, the Dutch version shall prevail in case of any ambiguity, imperfection or contradiction in/due to the translation.

Dutch law applies to the Agreement, even if all or part of an Agreement is executed abroad or the Customer is domiciled there.

In the event of a conflict between any provision of these General Terms and Conditions and any provision of the UN Convention for the International Sale of Goods (CISG), the provisions of these General Terms and Conditions shall prevail.

Unless otherwise prescribed by rules of mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Celíne Noé is located. The language of communication in any legal proceedings will be Dutch. Parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.

All disputes that may arise in connection with the Agreement will be dealt with according to Dutch law and submitted to the competent Dutch court, regardless of the country where the Customer is domiciled or where all or part of the Agreement is executed. This applies to all countries we deliver to: The Netherlands, Belgium, Germany, Luxembourg, Austria, France, Spain, Italy and Portugal.


 

SECTION 27 - CONTACT INFORMATION

If you have any questions, complaints or comments after reading these Terms and Conditions, please feel free to contact us using the contact information below.

E-mail: Service@celinenoe.com