Terms and Conditions

Article 1: Definitions

1. SOAPSTAR BV, located in Huizen, Chamber of Commerce number 80237177, is referred to as SOAPSTAR in these general terms and conditions.
2. SOAPSTAR's counterparty is referred to as the buyer in these general terms and conditions.
3. The parties are SOAPSTAR and the buyer together.
4. The agreement means the purchase agreement between the parties.

Article 2: Applicability of general terms and conditions

1. These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of SOAPSTAR.
2. Deviation from these conditions is only possible if this has been expressly agreed in writing by the parties.

Article 3: Payment

1. The full purchase price is always paid immediately in the store. In some cases a down payment is required for reservations. In that case, the buyer will receive proof of the reservation and advance payment.
2. If the buyer does not pay on time, he is in default. If the buyer remains in default, SOAPSTAR is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.
3. If the buyer remains in default, SOAPSTAR will proceed with collection. The costs related to this collection will be borne by the buyer. These collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. In the event of liquidation, bankruptcy, seizure or suspension of payment of the buyer, SOAPSTAR's claims on the buyer are immediately due and payable.
5. If the buyer refuses to cooperate with the execution of the order by SOAPSTAR, he is still obliged to pay the agreed price to SOAPSTAR.

Article 4: Offers, quotations and price

1. Offers are without obligation, unless a term of acceptance is stated in the offer. If the offer is not accepted within that stated period, the offer will lapse.
2. Delivery times in quotations are indicative and do not entitle the buyer to termination or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
3. Offers and quotations do not automatically apply to repeat orders. The parties must agree to this explicitly and in writing.
4. For orders within the EU, the price stated on offers, quotations and invoices consists of the purchase price including the VAT due and any other government levies.

Article 5: Right of withdrawal

1. The consumer in the Netherlands has the right to terminate the agreement within 14 days after receipt of the order without giving reasons (right of withdrawal). The period starts from the moment the (entire) order is received by the consumer.
2. There is no right of withdrawal if the products have been tailor-made according to his specifications, if the hygiene seal has been broken, or if products have a short shelf life.
3. The consumer can use a withdrawal form from SOAPSTAR. SOAPSTAR is obliged to make this available to the buyer immediately after the buyer's request.
4. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the unused and undamaged product with all supplied accessories and - if reasonably possible - in the original shipping packaging to SOAPSTAR, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 6: Changes to the agreement

1. If during the execution of the agreement it appears that it is necessary to change or supplement the work to be performed for the proper execution of the assignment, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected. SOAPSTAR will inform the buyer of this as soon as possible.
3. If the change or addition to the agreement has financial and/or qualitative consequences, SOAPSTAR will inform the buyer of this in writing in advance.
4. If the parties have agreed on a fixed price, SOAPSTAR will indicate to what extent the change or addition to the agreement will result in this price being exceeded.
5. Notwithstanding the provisions of the third paragraph of this article, SOAPSTAR cannot charge additional costs if the change or addition is the result of circumstances that can be attributed to it.

Article 7: Delivery and transfer of risk

1. As soon as the purchased item has been received by the buyer, the risk passes from SOAPSTAR to the buyer.

Article 8: Research, complaints

1. The buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within the shortest possible period. The buyer must investigate whether the quality and quantity of the delivered goods correspond with what the parties have agreed, or at least that quality and quantity meet the requirements that apply in normal (trade) traffic.
2. Complaints regarding damage, shortages or loss of delivered goods must be submitted in writing to SOAPSTAR by the buyer within 10 working days after the day of delivery of the goods.
3. If the complaint is declared well-founded within the specified period, SOAPSTAR has the right to either repair, or redeliver, or to refrain from delivery and send the buyer a credit note for that part of the purchase price.
4. Minor and/or industry standard deviations and differences in quality, quantity, size or finish cannot be held against SOAPSTAR.
5. Complaints regarding a specific product do not affect other products or parts belonging to the same agreement.
6. No complaints will be accepted after the goods have been processed by the buyer.

Article 9: Samples and models

1. If a sample or model has been shown or provided to the buyer, it is presumed to have been provided only as an indication without the item to be delivered having to correspond to it. This is different if the parties have expressly agreed that the item to be delivered will correspond to this.
2. In agreements regarding immovable property, mention of the surface area or other dimensions and indications is also presumed to be intended only as an indication, without the item to be delivered having to correspond to this.

Article 10: Delivery

1. Delivery takes place 'ex factory/shop/warehouse'. This means that all costs are for the buyer.
2. The buyer is obliged to purchase the goods at the time that SOAPSTAR delivers them to him or has them delivered to him, or at the time when these goods are made available to him in accordance with the agreement.
3. If the buyer refuses to accept delivery or is negligent in providing information or instructions necessary for delivery, SOAPSTAR is entitled to store the item at the buyer's expense and risk.
4. If the goods are delivered, SOAPSTAR is entitled to charge any delivery costs.
5. If SOAPSTAR needs information from the buyer for the execution of the agreement, the delivery time starts after the buyer has made this information available to SOAPSTAR.
6. A delivery period specified by SOAPSTAR is indicative. This is never a fatal term. If the term is exceeded, the buyer must give SOAPSTAR written notice of default.
7. SOAPSTAR is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or partial delivery has no independent value. If delivery is made in parts, SOAPSTAR is entitled to invoice these parts separately.

Article 11: Force majeure

1. If SOAPSTAR cannot fulfill its obligations under the agreement, or cannot do so on time or properly, due to force majeure, it is not liable for damage suffered by the buyer.
2. Force majeure means that the parties in any case mean any circumstance that SOAPSTAR could not take into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be expected by the buyer, such as illness, war or danger of war, civil war and riot, molestation, sabotage, terrorism, energy failure, flood, earthquake, fire, company occupation, strikes, worker exclusion, changed government measures, transport difficulties, and other disruptions in the business of SOAPSTAR.
3. Furthermore, the parties understand force majeure to be the circumstance that supply companies on which SOAPSTAR depends for the execution of the agreement do not meet their contractual obligations towards SOAPSTAR, unless SOAPSTAR is attributable to this.
4. If a situation as referred to above occurs as a result of which SOAPSTAR cannot meet its obligations to the buyer, those obligations will be suspended as long as SOAPSTAR cannot meet its obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to terminate the agreement in whole or in part in writing.
5. If the force majeure continues for more than three months, the buyer has the right to terminate the agreement with immediate effect. Dissolution is only possible by registered letter.

Article 12: Transfer of rights

1. Any rights of either party under this Agreement may not be transferred without the prior written consent of the other party. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

Article 13: Retention of title and right of retention

1. The goods present at SOAPSTAR and delivered goods and parts remain the property of SOAPSTAR until the buyer has paid the entire agreed price. Until then, SOAPSTAR can invoke its retention of title and take back the goods.
2. If the agreed amounts to be paid in advance are not paid or are not paid on time, SOAPSTAR has the right to suspend the work until the agreed part has been paid. There is then a case of creditor default. In that case, a late delivery cannot be held against SOAPSTAR.
3. SOAPSTAR is not authorized to pledge or encumber in any other way the items falling under its retention of title.
4. SOAPSTAR undertakes to insure the goods delivered to the buyer under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy available for inspection upon first request.
5. If goods have not yet been delivered, but the agreed advance payment or price has not been paid as agreed, SOAPSTAR has the right of retention. The item will then not be delivered until the buyer has paid in full and as agreed.
6. In the event of liquidation, insolvency or suspension of payment of the buyer, the buyer's obligations are immediately due and payable.

Article 14: Liability

1. Any liability for damage arising from or related to the performance of an agreement is always limited to the amount paid out in the relevant case by the liability insurance(s) taken out. This amount is increased by the amount of the deductible according to the relevant policy.
2. The liability of SOAPSTAR for damage resulting from intent or deliberate recklessness on the part of SOAPSTAR or its managerial subordinates is not excluded.

Article 15: Duty to Complaint

1. The buyer is obliged to immediately report complaints about the work performed to SOAPSTAR. The complaint contains a description of the shortcoming that is as detailed as possible, so that SOAPSTAR is able to respond adequately.
2. If a complaint is justified, SOAPSTAR is obliged to repair the item and, if necessary, replace it.

Article 16: Guarantees

1. If guarantees are included in the agreement, the following applies. SOAPSTAR guarantees that the item sold complies with the agreement, that it will function without defects and that it is suitable for the use that the buyer intends to make of it. This warranty applies for a period of two calendar years after receipt of the sold item by the buyer.
2. The intended guarantee serves to create a risk distribution between SOAPSTAR and the buyer in such a way that the consequences of a breach of a guarantee are always entirely at the expense and risk of SOAPSTAR and that SOAPSTAR can never rely on a breach of a guarantee. Article 6:75 of the Dutch Civil Code. The provisions of the previous sentence also apply if the infringement was known to the buyer or could have been known through conducting an investigation.
3. The aforementioned warranty does not apply if the defect has arisen as a result of improper or improper use or if - without permission - the buyer or third parties have made or attempted to make changes or used the purchased item for purposes for which it was not intended.
4. If the warranty provided by SOAPSTAR relates to an item produced by a third party, the warranty is limited to the warranty provided by that producer.

Article 17: Trademark Rights

• SOAPSTAR retains all right, title and interest in and to the Services and Products, as well as all data, information, content and materials provided on the Services and Products. Furthermore, SOAPSTAR reserves all right, title and interest in and to the business processes, procedures, methods and techniques used within the services and products and all patent rights, copyrights, trademark rights, trade secret rights and other intellectual property and proprietary rights. rights therein existing anywhere in the world (“Intellectual Property”) in such services and products. All content on the site, including but not limited to designs, text, graphics, photographs, video, information, software, music, sound and other files, and their selection and arrangement (the “Site Content”), is the trade dress from SOAPSTAR with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without prior written permission from SOAPSTAR. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless expressly stated, nothing in these Terms and Conditions shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise.

Article 18: Content of the site and products

• SOAPSTAR is not responsible if information on the site is not accurate or completely current. Any reliance on the material on the site is at your own risk. SOAPSTAR will not be liable for any modification, suspension or discontinuance of the Service.
• Information on the site may contain typographical errors, inaccuracies or omissions. SOAPSTAR reserves the right to correct, change or update any errors, inaccuracies or omissions at any time and without prior notice if any information on the Site is inaccurate or incorrect.
• SOAPSTAR undertakes no obligation to update, amend or clarify information on the Site, except as required by law. No specified update may be sent to indicate that information on the site has been changed or updated. .

Article 19: Indemnities

You understand that the processing and transmission of communications relating to the use of the Site or the Services, including your data over various networks, may involve transmissions and changes to conform and adapt to technical requirements of connecting to various networks or devices . You agree that SOAPSTAR shall have no liability for the timeliness, deletion, misdelivery or failure to store any data, information or content transmitted by you through the Site.

SOAPSTAR assumes no responsibility and makes no warranty that (i) the Site or the Services will meet your expectations or requirements, (ii) the Site or the Services will be uninterrupted, timely, accurate, secure, complete or error-free, (iii) the results or information that may be obtained from the use of the Site or the Services will be accurate, timely, complete, or reliable and (iv) any errors in any software used on the site or in connection with the Services will be corrected. The operation of the Site may be interfered with by many factors beyond our control, including, but not limited to, telecommunications network disruptions. We are not responsible and assume no liability for any interference with the Internet or any data or telecommunications equipment, system or network used in connection with the Site or the Services.

While we have tried to create a safe and secure Site, we are not responsible for the security of any information transmitted over the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. information. SOAPSTAR shall not be liable for any damages resulting from any delay or other failure of performance due to causes beyond our reasonable control including, without limitation, acts of God, acts of the Customer or any of its representatives, acts of the military or civil authorities, fire or other accidents, strikes, lockouts, weather, pandemic, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Site may be temporarily unavailable from time to time due to maintenance or other reasons

Article 20: Applicable law and competent court

1. Every agreement between the parties is exclusively governed by Dutch law.
2. The Dutch court in the district where SOAPSTAR BV is established/practices/offices has exclusive jurisdiction to hear any disputes between parties, unless the law prescribes otherwise.
3. The applicability of the Vienna Sales Convention is excluded.
4. If one or more provisions of these general terms and conditions are deemed unreasonably onerous in legal proceedings, the other provisions will remain in full force.