Terms and conditions

1. In these terms and conditions the following terms are used with the meanings set out below, unless expressly stated otherwise.
2. Consumer: a natural person who does (not) act in the exercise of their profession or business.
3. Buyer: the Consumer who enters into a (distance) agreement with the Seller.
4. Business: the natural or legal person acting in the exercise of a profession or business.
5. Offer:any written offer to the Buyer to supply Products by Matay's Barbershop.
6. Products:the products offered by Matay's Barbershop are hobby items.
7. Agreement:the (distance) purchase agreement covering the sale and delivery of products purchased by the Buyer from Matay's Barbershop.
8. Website: the website used by Matay's Barbershop is www.mataysbarbershop.nl.

• Established in: the Netherlands
• Email address: mataysbarbershop20@gmail.com
• Chamber of Commerce (KvK) number: 80654819
• VAT identification number: on request

1. These terms and conditions apply to every Offer from Matay's Barbershop and every agreement between Matay's Barbershop and a Buyer and to every product offered by Matay's Barbershop. These terms also apply to all agreements with Matay's Barbershop for the performance of which third parties must be involved.
2. Before a (distance) agreement is concluded, the Buyer is given access to these terms and conditions. If this is not reasonably possible, Matay's Barbershop will indicate to the Buyer how the terms can be inspected; in any case they are published on the website(s) of Matay's Barbershop, so that the Buyer can easily store these terms on a durable medium.
3. Deviation from these terms and conditions is in principle not possible. The applicability of any (other) general or (purchasing) conditions of the Buyer is expressly rejected. Only the terms and conditions of Matay's Barbershop apply to all assignments agreed with Matay's Barbershop. In exceptional situations the terms may be deviated from if this has been expressly agreed in writing with Matay's Barbershop.
4. These terms and conditions also apply to supplementary, amended and follow-up agreements with the Buyer.
5. If one or more provisions of these terms and conditions are partly or wholly void or are annulled, the remaining provisions of these terms and conditions remain in force, and the void/annulled provision(s) will be replaced by a provision with the same intent as the original.
6. Ambiguities about the content, interpretation or situations not regulated in these terms and conditions must be assessed and explained in the spirit of these terms and conditions.

1. All offers made by Matay's Barbershop are without obligation, unless expressly stated otherwise in writing. If the offer is limited or valid under specific conditions, this is expressly stated in the offer. A quotation only exists once it has been recorded in writing.
2. The quotations made by Matay's Barbershop are without obligation. Matay's Barbershop is only bound by the quotation if its acceptance by the Buyer is confirmed in writing within 30 days, or by Matay's Barbershop sending an invoice based on what the Buyer has purchased and recorded in writing on the spot. Nevertheless, Matay's Barbershop has the right to refuse an agreement with a potential Buyer for a reason valid to Matay's Barbershop.
3. The offer contains a complete and accurate description of the offered product. The description is sufficiently detailed for the Buyer to properly assess the offer. Obvious mistakes or errors in the offer cannot bind Matay's Barbershop. The images and specific data in the offer are only an indication and cannot be grounds for any compensation or dissolution of the (distance) agreement. Matay's Barbershop cannot guarantee that the colours in the image exactly match the real colours of the product.
4. Delivery times on the website of Matay's Barbershop are indicative and, if exceeded, do not entitle the buyer to dissolution or compensation, unless expressly agreed otherwise.
5. A composite price quotation does not oblige Matay's Barbershop to deliver part of the items included in the offer or quotation at a corresponding part of the stated price.
6. In principle no special offers are made. If and to the extent there is a special offer, this does not automatically apply to repeat orders. Special offers are only valid while stocks last and on a “while stocks last” basis as indicated in the offer.

1. The agreement is formed at the moment the Buyer has accepted an offer from Matay's Barbershop by paying for the relevant product.
2. An Offer can be made by Matay's Barbershop via the webshop.
3. If the Buyer has accepted the Offer by concluding an agreement with Matay's Barbershop, Matay's Barbershop will confirm the agreement to the Buyer in writing by email.
4. If the acceptance (on minor points) deviates from the offer included in the quotation or invoice, Matay's Barbershop is not bound by it. The Buyer must pay the full quotation or invoice, unless the Buyer can demonstrate that something else was agreed.
5. Matay's Barbershop is not bound by an Offer if the Buyer could reasonably have expected or should have understood that the Offer contains an obvious mistake or clerical error. The Buyer cannot derive any rights from such a mistake or clerical error.
6. Arrangements or agreements can only be entered into by authorised staff, deployed or hired persons of Matay's Barbershop who have the power of representation and a written power of attorney.
7. Consumers may exercise the right of withdrawal within 14 days. The right of withdrawal is excluded if the Buyer is a business.

1. Matay's Barbershop will perform the agreement to the best of its insight and ability and in accordance with the requirements of good workmanship.
2. If and to the extent that proper performance of the agreement requires this, Matay's Barbershop has the right to have certain work carried out by third parties at its own discretion.
3. The Buyer ensures that all data which Matay's Barbershop indicates is necessary, or which the Buyer should reasonably understand to be necessary for the performance of the agreement, is provided to Matay's Barbershop in good time. If the data needed for the performance of the agreement is not provided to Matay's Barbershop in good time, Matay's Barbershop has the right to suspend the performance of the agreement and/or to charge the buyer the additional costs resulting from the delay at the usual rates.
4. Matay's Barbershop is not liable for damage of any kind arising because Matay's Barbershop relied on incorrect and/or incomplete data provided by the Buyer, unless this inaccuracy or incompleteness was known to Matay's Barbershop.
5. The Buyer indemnifies Matay's Barbershop against any claims of third parties who suffer damage in connection with the performance of the agreement and which is attributable to the Buyer.

1. Delivery in principle takes place from the Supplier's warehouse.
2. Shipping of the products is free.
3. If the start, progress or (final) delivery of the services is delayed because, for example, the Buyer has not provided all requested information or not in good time, provides insufficient cooperation, the (down) payment has not been received (in good time) by Matay's Barbershop, or any delay arises due to other circumstances beyond the control of Matay's Barbershop, Matay's Barbershop is entitled to a reasonable extension of the delivery period. All agreed delivery periods are never strict deadlines. The Buyer must give Matay's Barbershop written notice of default and grant it a reasonable period to still deliver. The Buyer is not entitled to any compensation due to the delay that has arisen.
4. The Buyer is obliged to take delivery of the items at the moment they are made available under the agreement, even if they are offered earlier or later than agreed.
5. If the Buyer refuses delivery or fails to provide information or instructions necessary for delivery, Matay's Barbershop is entitled to store the items at the buyer's expense and risk.
6. If Matay's Barbershop needs data from the Buyer in the context of performing the agreement, the delivery time starts after the Buyer has made it available to Matay's Barbershop.
7. If Matay's Barbershop has stated a period for delivery, this is indicative. For delivery outside the Netherlands, longer delivery periods apply than stated on the website. This period depends on the Supplier's delivery time.
8. Matay's Barbershop is entitled to deliver the items in parts, unless this has been deviated from by agreement or the partial delivery has no independent value. Matay's Barbershop is entitled to invoice what has thus been delivered separately.
9. The Buyer is responsible for the import and payment of VAT and any import duties on the products purchased by the Buyer.

1. Matay's Barbershop undertakes towards the client to have the items to be delivered properly packaged by the Supplier and secured in such a way that they reach their destination in good condition under normal use.
2. Unless agreed otherwise in writing, all deliveries are made exclusive of turnover tax (VAT) and exclusive of packaging and packaging material.
3. Accepting items without remarks on the waybill/invoice serves as proof that the packaging was in good condition at the time of delivery.
4. The Buyer is deemed to be in possession of any required import and/or payment permits. The absence or withdrawal of these permits does not release the Buyer from the obligation to take delivery of the items in the agreed manner. If the items are sold by Matay's Barbershop without being cleared through customs, a Buyer cannot derive from this the right to cancel the order. If the Buyer has to pay import duties, these costs are entirely for the account and risk of the Buyer. Nor can the right to cancel the order be derived from a change in any quality requirements and/or from objections raised by third parties against the items on the basis of patents, trademarks and other rights.
5. The war risk is always for the account of the Buyer.

1. The Buyer is obliged to (have) inspect(ed) what has been delivered at the moment of delivery, but in any case within fourteen days of receipt, unpacking or using it only to the extent necessary to assess whether to keep the product. In doing so, the Buyer must check whether the quality and quantity of what has been delivered corresponds to the agreement and whether the products meet the requirements that apply in normal (commercial) dealings.
2. The Buyer is obliged to investigate how the product should be used and, for personal use, to test the product in accordance with the instructions. Matay's Barbershop accepts no liability for incorrect use of the product by the Buyer, nor for incorrect advice given by the Buyer to the Buyer's clients.
3. Any visible defects or shortages must be reported in writing to Matay's Barbershop after delivery at mataysbarbershop20@gmail.com. The Buyer has a period of 14 days after delivery for this. Non-visible defects or shortages must be reported within one month of discovery, but at the latest within six months of delivery. In the event of damage to the product through careless handling by the Buyer, the Buyer is liable for any depreciation of the product.
4. If the Buyer wishes to return defective items, this only takes place with prior written permission from Matay's Barbershop in the manner indicated by Matay's Barbershop. The return of items is solely at the discretion of Matay's Barbershop.
5. If the Buyer uses the right of withdrawal, the Buyer will, if Matay's Barbershop deems it necessary, return the product and all accessories, as far as reasonably possible, in original condition and packaging to Matay's Barbershop, in accordance with the return instructions of Matay's Barbershop.
6. Refunds are made only if agreed in writing with Matay's Barbershop.
7. Refunds to the Buyer are processed as soon as possible, but no later than 30 days after receipt of the return request. The refund is made to the account number previously provided.
8. If the Buyer exercises the right to complain, the Buyer has no right to suspend its payment obligation or to set off outstanding invoices.
9. In the event of an incomplete delivery, and/or if one or more products are missing, and this is attributable to Matay's Barbershop, Matay's Barbershop will, at the Buyer's request, send the missing product(s) via the Supplier or cancel the remaining order (with a refund of the amount overpaid). The acknowledgement of receipt of the products is decisive here. Any damage suffered by the Buyer as a result of the deviating scope of delivery cannot be recovered from Matay's Barbershop.
10. A complaint is not possible if the Buyer has ordered the wrong products themselves, or had incorrect expectations of the relevant product.

1. During the validity period of the offer, the prices of the offered products are not increased, except in the event of changes in VAT rates.
2. The prices stated in the offer are exclusive of VAT and other government levies as well as shipping and any transport and packaging costs, unless expressly stated otherwise. For consumers the price is shown exclusive of VAT.
3. The prices mentioned in the offer are based on the cost factors applicable at the time of concluding the agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes. Any favourable and unfavourable differences at the time of arrival, shipment or delivery are for the benefit or account of the Buyer respectively.
4. If there are products subject to price fluctuations on the financial market over which Matay's Barbershop has no influence, Matay's Barbershop may offer these products at variable prices. The offer will state that the prices are guide prices and may fluctuate.
5. Three months after the formation of the agreement, price increases may be applied by Matay's Barbershop at its own discretion. If price increases take place within these three months, this can only be the result of a statutory regulation.

1. Payment must be made in advance by bank transfer. Objections to the amount of the invoices must be reported within 7 days of the invoice date but do not suspend the payment obligation.
2. The Buyer cannot derive any rights or expectations from an estimate provided in advance, unless the parties have expressly agreed otherwise.
3. The Buyer must pay these costs in one go, via the means of payment indicated on the webshop. Save in special circumstances, the Buyer can only agree a further period within which the amount due must be paid after explicit written permission from Matay's Barbershop.
4. Matay's Barbershop has the right to apply the payments made by the Buyer firstly to reduce the costs, then to reduce the interest fallen due and finally to reduce the principal sum and the current interest. Matay's Barbershop may, without thereby being in default, refuse an offer of payment if the buyer designates a different order of allocation. Matay's Barbershop may refuse full repayment of the principal sum if the interest fallen due and current interest and the costs are not also paid.
5. If the Buyer does not meet his/her payment obligation, and not within the set payment period of 14 days, the Buyer will first receive a written reminder before falling into default, after which they receive a demand informing them of the consequences of the default that has occurred.
6. From the date the Buyer is in default, Matay's Barbershop will, without further notice of default, claim the statutory interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with article 6:96 of the Dutch Civil Code, calculated according to the scale from the decree on compensation for extrajudicial collection costs of 1 July 2012.
7. If Matay's Barbershop has incurred more or higher costs which are reasonably necessary, these costs are eligible for reimbursement. The judicial and execution costs incurred are also for the account of the Buyer.

1. Matay's Barbershop does not guarantee that the products meet the specifications, usability and/or soundness stated in the offer and the statutory rules/regulations at the time the agreement is formed. Matay's Barbershop does not guarantee the absence of defects in what is delivered, but strives and will make every effort to deliver in accordance with the agreement. The actual shelf life of perishable products cannot be guaranteed.
2. The warranty mentioned above applies for the scope and during a period corresponding to the manufacturer's warranty. Matay's Barbershop is never responsible for the suitability of the products for each individual application by the Buyer and for (advice on) the use or application of the products.
3. All products offered by Matay's Barbershop bear a CE mark, as well as the name and address of the manufacturer.
4. If the items to be delivered do not meet these warranties, Matay's Barbershop will, within a reasonable period after receipt thereof or, if return is not reasonably possible, after written notification of the defect by the Buyer, at the choice of Matay's Barbershop, replace them or arrange for repair. In the event of replacement, the Buyer undertakes to return the replaced item to Matay's Barbershop and to transfer ownership to Matay's Barbershop if this is required by Matay's Barbershop for a refund.
5. The warranty mentioned here does not apply when the defect has arisen as a result of injudicious or improper use or when, without written permission from Matay's Barbershop, the Buyer or third parties have made or attempted to make changes to the item or have used it for purposes for which it is not intended or under abnormal conditions.
6. If the warranty provided by Matay's Barbershop concerns an item produced by a third party, the warranty is limited to the warranty provided by the producer of the item.
7. Matay's Barbershop points out that certain products, including cosmetic care products, have a limited shelf life, which is always stated on the relevant product. The Buyer must take into account this shelf-life period within which the quality and safety of the product can be guaranteed in accordance with the producer's warranty.
8. For questions about the application of care products and the effect of certain ingredients, and their suitability for the Buyer, the Buyer may contact Matay's Barbershop with general questions, or ask for specific advice from their own (general practitioner) doctor.

1. Matay's Barbershop is entitled to suspend the performance of the obligations or to dissolve the agreement if the Buyer does not, or does not fully, meet the (payment) obligations under the agreement.
2. Furthermore, Matay's Barbershop is entitled to dissolve the agreement(s) existing between it and the Buyer, insofar as these have not yet been performed, without a court order, if the buyer fails to meet, in good time or properly, the obligations arising for them from any agreement concluded with Matay's Barbershop.
3. Matay's Barbershop is further entitled to (have) dissolve(d) the agreement without prior notice of default if circumstances arise of such a nature that performance of the agreement is impossible or can no longer be required by standards of reasonableness and fairness, or if other circumstances arise of such a nature that the unchanged maintenance of the agreement cannot reasonably be expected.
4. If the agreement is dissolved, the claims of Matay's Barbershop against the Buyer are immediately due and payable. If Matay's Barbershop suspends the performance of the obligations, it retains its claims under the law and the agreement.
5. Matay's Barbershop always retains the right to claim compensation.

1. If the performance of the agreement by Matay's Barbershop leads to liability of Matay's Barbershop towards the Buyer or third parties, that liability is limited to the costs charged by Matay's Barbershop in connection with the agreement. The liability is in any case limited to the amount of damages paid out at most per situation by the insurance company.
2. The liability of Matay's Barbershop is furthermore limited to the free repair of a defective item or the replacement of that item - or a part thereof - all at the discretion of Matay's Barbershop.
3. Matay's Barbershop is not liable for consequential damage, indirect damage, business damage, loss of profit and/or loss suffered, missed savings, damage due to business stagnation and damage resulting from the use of products supplied by Matay's Barbershop. For consumers, the limitation extends to what is permitted under article 7:24 paragraph 2 of the Dutch Civil Code.
4. Matay's Barbershop is not liable for damage that is or may be the result of any act or omission in response to (imperfect and/or incorrect) information on the website(s) or of linked websites.
5. Matay's Barbershop is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for any reason whatsoever.
6. Matay's Barbershop does not guarantee the correct and complete transmission of the content of email sent by/on behalf of Matay's Barbershop, nor its timely receipt.
7. All claims of the Buyer due to shortcomings on the part of Matay's Barbershop lapse if they are not reported in writing and with reasons to Matay's Barbershop within one year after the Buyer was aware, or could reasonably have been aware, of the facts on which they base their claims.
8. Matay's Barbershop expressly rejects all liabilities and claims of Buyers and third parties who have suffered (physical) damage through the use of the products. The products must be used only in accordance with the instructions for use and never exceed the daily amount. In the event of medication use, the Buyer must always consult their general practitioner.
9. Any advice given about the use of the products by Matay's Barbershop is only general and without obligation. Each Buyer must assess for themselves, at their own responsibility, whether the product is suitable for them. In case of doubt, the Buyer's (general practitioner) doctor must be contacted for an assessment of use in the specific case.
10. The cosmetic care products as well as electrical appliances must be kept out of reach of young children. In addition, the products must be stored according to the instructions for use specified per product. Matay's Barbershop recommends consulting an expert before using the cosmetic care products in case of pregnancy, lactation, medication use and in case of doubt about hypersensitivity to one of the ingredients.

The risk of loss or damage to the products that are the subject of the agreement passes to the Buyer at the moment the items leave the warehouse of Matay's Barbershop. The risk has also passed to the Buyer once the items are brought into the power of the Buyer and/or third parties.

1. Matay's Barbershop is not liable when, as a result of a force majeure situation, it cannot meet its obligations under the agreement, nor can it be held to perform any obligation if it is hindered in doing so as a result of a circumstance not attributable to its fault, and which is not for its account under the law, a legal act or generally accepted standards.
2. Force majeure is in any case understood to mean, but is not limited to what is understood in law and case law, (i) force majeure of suppliers of Matay's Barbershop, (ii) the failure of suppliers to properly meet their obligations, (iii) defectiveness of items, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of internet, data network and telecommunication facilities (for example due to: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the business of Matay's Barbershop, and (xi) other situations which, in the opinion of Matay's Barbershop, fall outside its sphere of influence and temporarily or permanently prevent the performance of its obligations.
3. Matay's Barbershop has the right to invoke force majeure if the circumstance preventing (further) performance arises after Matay's Barbershop should have performed its obligation.
4. During the period that the force majeure continues, the parties may suspend the obligations under the agreement. If this period lasts longer than two months, each party is entitled to dissolve the agreement, without any obligation to compensate the other party.
5. Insofar as Matay's Barbershop has, at the time force majeure occurs, already partially performed its obligations under the agreement or will be able to perform them, and the part performed or to be performed has independent value, Matay's Barbershop is entitled to invoice the part already performed or to be performed separately. The Buyer is obliged to pay this invoice as if it were a separate agreement.

1. All IP rights and copyrights of Matay's Barbershop rest exclusively with Matay's Barbershop and are not transferred to the Buyer and/or User.
2. The Buyer is prohibited from disclosing and/or reproducing, modifying or making available to third parties all documents on which the IP rights and copyrights of Matay's Barbershop rest, without express prior written permission from Matay's Barbershop. If the Buyer wishes to make changes to items delivered by Matay's Barbershop, Matay's Barbershop must explicitly agree to the intended changes.
3. The Buyer is prohibited from using the products on which the intellectual property rights of Matay's Barbershop rest in any way other than as agreed in the agreement.
4. If the Buyer establishes an infringement of the intellectual property rights of Matay's Barbershop, or otherwise suspects a (possible) infringement of the IP rights and copyrights, the Buyer notifies Matay's Barbershop of this as soon as possible.

1. Matay's Barbershop handles the (personal) data of the Buyer and Users of the website(s) with care and will only use it in accordance with the privacy statement. If requested, Matay's Barbershop will inform the data subject about this. Questions about the processing of personal data and further information can be sent by email to mataysbarbershop20@gmail.com.
2. If, under the agreement, Matay's Barbershop must provide for the security of information, this security will meet the agreed specifications and a level of security that, given the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.

1. If the Buyer is not satisfied with the service or products of Matay's Barbershop or otherwise has complaints about the purchase agreement, the Buyer is obliged to report these complaints as soon as possible, but at the latest within 2 weeks of the relevant cause that led to the complaint. Complaints can be reported via mataysbarbershop20@gmail.comwith the subject “complaint”.
2. The complaint must be sufficiently substantiated and/or explained by the Buyer for Matay's Barbershop to be able to handle the complaint. Matay's Barbershop will respond to the complaint on the merits as soon as possible, but at the latest within 5 working days of receipt of the complaint.
3. The parties will try to reach a solution together.

1. Dutch law applies to every agreement between Matay's Barbershop and the Buyer. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
2. In case of interpretation of the content and scope of these terms and conditions, the Dutch text thereof is always decisive. Matay's Barbershop is entitled to unilaterally amend these terms and conditions.
3. All disputes arising from or in connection with the agreement between Matay's Barbershop and the Buyer are settled by the competent court in Amsterdam, unless provisions of mandatory law lead to the jurisdiction of another court.