Email: contact@goldwax.com

Website: www.goldwax.com and www.goldwax.nl

Article 1 – Definitions

1. Goldwax: RJ Carcare, established in Zeist, Chamber of Commerce number 92821367.
2. Customer: the person with whom Goldwax has entered into an agreement.
3. Parties: Goldwax and Customer together.
4. Consumer: a Customer who is also an individual and who acts as a private person.

Article 2 - Applicability

1. These terms and conditions apply to all quotations, offers, work, orders,
   agreements and deliveries of services or products by or on behalf of Goldwax.
2. Goldwax and the Customer may only deviate from these conditions if this has been agreed in writing.
3. Goldwax and the Customer exclude the applicability of the general terms and conditions of the Customer or of
   expressly exclude others.
   

Article 3 - Prices

1. Goldwax uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.
2. Goldwax may always change the prices of its services and products on its website and in other communications.
3. Increases in the cost prices of products or parts thereof that Goldwax could not foresee
   at the time the offer is made or the agreement is concluded, may give rise to price increases.
4. The consumer has the right to cancel an agreement due to a price increase in paragraph 3, unless the increase is the result of a statutory regulation.

Article 4 - Samples and models

1. If the Customer has received a sample or model of a product, he cannot make any claims based on it.
   derive any rights other than that it is an indication of the nature of the product, unless it has been agreed in writing that the products to be delivered correspond to the sample or model.
   

Article 5 - Payments and payment terms

1. Payments are mainly made in advance via iDeal (before delivery of the Products), but the customer also has the option to pay afterwards via AfterPay (after the Products have been delivered).
   If the customer uses 'pay afterwards' by means of AfterPay, the customer must pay within 14 days after receiving the payment overview. The general terms and conditions of AfterPay also apply to the payment.
2. The payment terms used by Goldwax are fatal payment terms. This means that if the Customer has not paid the agreed amount by the last day of the payment term, he is automatically in default and in breach, without Goldwax having to send the Customer a reminder or put him in default.
3. Goldwax may make a delivery dependent on immediate payment or demand security for the total amount of the services or products.
4. The Customer is not authorised to deduct any amount from the amount due due to a counterclaim made by him.
5. Objections to the amount of the invoice do not suspend the payment obligation.
6. In the event of bankruptcy, suspension of payments or guardianship of the Customer, the claims and obligations of the Customer towards Goldwax shall be immediately due and payable.
7. In order to offer you Klarna's payment methods, we may share your contact and order details with Klarna during checkout, so that Klarna can assess your eligibility for Klarna's payment methods and tailor these payment methods to your needs. Your personal data is processed in accordance with Klarna's privacy notice .
   

Article 6 - Right of complaint

1. If the Customer is in default, Goldwax may invoke the right of complaint with regard to the unpaid products delivered to the Customer.
2. Goldwax exercises its right of complaint by means of a written or electronic communication to the Customer.
3. Once the Customer has been informed of the invoked right of complaint, the Customer must immediately return the relevant products to Goldwax, unless otherwise agreed in writing.
4. The Customer shall pay the costs of retrieving or returning the products in paragraph 3.

Article 7 - Right of withdrawal

1. A consumer may cancel an online purchase within 14 days of purchase without giving any reason
   undo. This right of withdrawal does not apply if:
   - the product has been used
   - it is a product that has been tailor-made or adapted specifically for the consumer
   - the consumer has waived his right of withdrawal
2. The 14-day reflection period in paragraph 1 commences:
   - on the day after the consumer has received the last product or part of 1
   order
   - once the consumer has confirmed that he will purchase digital content via the internet.
3. The consumer can make use of his cooling-off period by sending an email with that subject to contact@goldwax.com, possibly using the withdrawal form available on the Goldwax website, www.goldwax.com and www.goldwax.nl.
4. The consumer must return the product to Goldwax within 14 days of notifying his right of withdrawal, otherwise his right of withdrawal will lapse.
5. If the consumer returns the delivered Products, the consumer must return the Products in the original packaging, in perfect condition, undamaged, unused and without perfume and/or cigarette smoke, hair and odors from pets or other sports, with all supplied accessories.
6. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
7. Orders placed in combination with promotions that relate to the principle 'Buy X and get Y for free' will be offset against the free product upon revocation. This means that if the consumer returns one or more products and the total order amount is lower than X, the sales price of Y will be offset against the
   returned products.
8. Goldwax will reimburse all payments made by the consumer, including any delivery costs charged by Goldwax for the returned product, without delay but within 14 days following the day on which the consumer reports the withdrawal. Unless Goldwax offers to collect the product itself, it may wait with reimbursement until it has received the product or until the consumer proves that he has returned the product, whichever is the earlier.

Article 8 - Reimbursement of shipping costs

1. The shipping costs for sending the products to the consumer are borne by the consumer.
2. If the consumer has cancelled his purchase on time and has returned the entire order to Goldwax on time, the consumer will pay the costs for return shipping.
   

Article 9 - Right of suspension

1. Unless the Customer is a consumer, he hereby waives the right to suspend the performance of any obligation arising from this agreement.

Article 10 - Right of retention

1. Goldwax may exercise its right of retention and in that case retain the Customer's products until the Customer has paid all outstanding invoices from Goldwax, unless the Customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements under which the Customer still has to pay money to Goldwax.
3. Goldwax is not liable for any damage suffered by the Customer due to the use of its right of retention.

Article 11 - Settlement

1. Unless the Customer is a consumer, he waives his right to offset a debt to Goldwax against a claim on Goldwax.

Article 12 - Retention of title

1. Goldwax shall remain the owner of all delivered products until the Customer has paid all outstanding invoices from Goldwax relating to an underlying agreement, including claims due to failure to perform.
2. Until that time in paragraph 1, Goldwax may exercise its retention of title and take back the goods.
3. Before ownership has passed to the Customer, the Customer may not pledge, sell, alienate or otherwise encumber the products.
4. If Goldwax exercises its right of retention of title, the agreement will be terminated and Goldwax may claim damages, lost profits and interest from the Customer.
   

Article 13 - Delivery

1. Delivery will take place while stocks last.
2. Delivery will take place at Goldwax, unless otherwise agreed.
3. Delivery of products ordered online will take place at the address specified by the Customer.
4. If the Customer fails to pay the agreed amounts or fails to pay them on time, Goldwax may suspend its obligations until the Customer pays.
5. In the event of late payment, the creditor is in default, meaning that the Customer cannot object to late delivery to Goldwax.
6. Goldwax provides the consumer with a Track & Trace code of the shipment by e-mail. The responsibility for tracking the shipment lies with the consumer. If the delivery attempt(s) are unsuccessful, the package will be delivered to a collection point. If the package is not collected, it will be returned to Goldwax. If the customer still wants to receive the order, shipping costs will be charged again.

Article 14 - Delivery time

1. The delivery times of Goldwax are indicative. If delivery is later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
2. The delivery time commences when the Customer has fully completed the ordering process and has received confirmation from Goldwax.
3. The Customer will not receive any compensation and may not cancel the agreement if Goldwax delivers later than agreed. The Customer may cancel the agreement if this has been agreed in writing or if Goldwax cannot deliver within 14 days, after having been reminded in writing or the Customer and Goldwax have agreed otherwise.

Article 15 - Actual delivery

1. The Customer must ensure that the actual delivery of his ordered products can take place on time.
   

Article 16 - Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, the Customer must have a note made of this by the carrier before receiving the product. If the Customer does not do this, he cannot hold Goldwax liable for any damage.
2. If the Customer arranges the transport of a product himself, he must report any visible damage to products or packaging to Goldwax prior to transport. If the Customer fails to do so, he cannot hold Goldwax liable for any damage.
   

Article 17 - Transport costs

1. The Customer shall pay the costs for transport, unless the Customer and Goldwax have agreed otherwise in writing.
   

Article 18 - Storage

1. If the Customer receives ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.
2. Any additional costs resulting from premature or late collection of products will be borne entirely by the Customer.

Article 19 - Warranty

1. The warranty on products only applies to defects caused by defective workmanship or construction or defective materials.
2. The warranty does not apply:
   - in the event of normal wear and tear
   - for damage caused by accidents
   - for damage caused by changes made to the product
   - for damage caused by negligence or improper use by the Customer
   - when the cause of the defect cannot be clearly determined
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the Customer at the time when they are legally and/or actually delivered, or at least come into the possession of the Customer or of a third party who receives the product on behalf of the Customer.
   

Article 20 - Indemnification

1. The Customer indemnifies Goldwax against all claims from others relating to the products and/or services supplied by Goldwax.

Article 21 - Complaints

1. The Customer must examine a product or service supplied by Goldwax as soon as possible for any deficiencies.
2. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform Goldwax of this within 1 month of discovering the shortcoming.
3. A consumer must inform Goldwax of the defect within 7 days of discovering it.
4. The Customer shall provide as detailed a description as possible of the shortcoming, so that Goldwax can respond appropriately.
5. The Customer must demonstrate that the complaint relates to an agreement between the Customer and Goldwax.
6. If a complaint concerns ongoing work, the Customer cannot demand that Goldwax perform work other than that agreed upon.
   

Article 22 - Notice of default

1. The Customer must notify Goldwax in writing of any notice of default.
2. The Customer is responsible for ensuring that his notice of default actually reaches Goldwax on time.

Article 23 - Customer Liability

1. When Goldwax enters into an agreement with multiple Customers, each of them is jointly and severally liable for fulfilling the agreements in that agreement.

Article 24 - Liability of Goldwax

1. Goldwax is only liable for damage suffered by the Customer if such damage is caused by intent or deliberate recklessness.
2. If Goldwax is liable for damages, this only applies to direct damages related to the performance of an underlying agreement.
3. Goldwax is not liable for indirect damage, including in any case consequential damage, lost profit, missed savings, business stagnation or immaterial damage of the customer. Goldwax is not liable for damage, of whatever nature, because Goldwax has assumed incorrect and/or incomplete data provided by the customer, unless this incorrectness or incompleteness should have been known to Goldwax. Goldwax is not liable for mutilation, destruction, theft or loss of data or documents.
4. If Goldwax is liable, this liability is limited to the amount paid by a
   closed (professional) liability insurance will be paid out. If no insurance is taken out or no amount of damages is paid out, then liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and cannot lead to any compensation, dissolution or suspension.
6. The customer must report any damage for which Goldwax can be held liable to Goldwax as soon as possible, but in any case within 10 days after the damage occurred, and
   other under penalty of forfeiture of any right to compensation for this damage.

Article 25 - Expiry period

1. Any right of the Customer to compensation from Goldwax expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of article 6:89 BW.
2. The customer must report any damage for which Goldwax can be held liable to Goldwax as soon as possible, but in any case within 10 days after the damage occurred, under penalty of forfeiture of any right to compensation for this damage.

Article 26 - Dissolution

1. The Customer may cancel the agreement if Goldwax is culpably in breach of its obligations, unless this breach does not justify termination due to its special nature or minor significance.
2. If Goldwax is still able to fulfil its obligations, dissolution can only take place after Goldwax is in default.
3. Goldwax may cancel the agreement with the Customer if the Customer does not fully or timely fulfil his obligations under the agreement, or if Goldwax has become aware of circumstances that give it good reason to assume that the Customer will not fulfil his obligations.

Article 27 - Force Majeure

1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of Goldwax by the Customer cannot be attributed to Goldwax in the event of force majeure.
2. The force majeure situation in paragraph 1 also includes, among other things:
   - an emergency such as a civil war or natural disaster
   - default or force majeure of suppliers, deliverers or others
   - power, electricity, internet, computer or telecom outages
   - computer viruses
   - strikes
   - government measures
   - transportation problems
   - bad weather conditions
   - work stoppages
3. If a force majeure situation occurs as a result of which Goldwax cannot fulfil one or more obligations to the Customer, those obligations will be suspended until Goldwax can fulfil them.
4. From the moment that a force majeure situation has lasted for at least 30 calendar days, both the Customer and Goldwax may cancel the agreement in writing in whole or in part.
5. In the event of force majeure, Goldwax is not obliged to pay any compensation to the Customer, even if Goldwax benefits from this.

Article 28 - Amendment of agreement

1. If it is necessary to change a concluded agreement for its execution, the Customer and Goldwax can adjust the agreement.

Article 29 - Amendment of general terms and conditions

1. Goldwax may change these terms and conditions.
2. Goldwax may always implement changes of minor importance.
3. Goldwax will discuss major changes with the Customer in advance as much as possible.
4. A consumer may terminate the underlying agreement in the event of a major change to the general terms and conditions.

Article 30 - Transfer of rights

1. The Customer may not transfer any rights under an agreement with Goldwax to others without the written consent of Goldwax.
2. This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.
   

Article 31 - Consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be null and void or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Goldwax had in mind when drawing up the conditions on that point.

Article 32 - Applicable law and competent court

1. These general terms and conditions and any underlying agreement between the Customer and Goldwax are governed by Dutch law.
2. The court in the district where Goldwax is established has exclusive jurisdiction to hear any disputes between the Customer and Goldwax, unless the law provides otherwise.

Created on July 18, 2024.