Terms & Conditions
Caribbean Organic Beauty B.V.
version 1 July 2018
1. Caribbean Organic Beauty B.V. (“COB”) is a limited liability company organized under the laws of Curaçao, with offices at Jongbloed 168, Willemstad, Curaçao, registered in the Curaçao Commercial Register under number 146823
2. These Terms & Conditions (T&C”) apply to any and all offers and agreements by and between COB and its customer whether end-user or reseller (the “Customer”), with respect to the sale of certain goods (“Good” or “Goods”).
3. COB has the right to amend the T&C from time to time and will publish the amended verson on its website www.caribbeanorganicbeauty.com.
4. If any provision of these T&C is null and void or annulled, the other provisions of the T&C shall remain in full force and effect.
2. Delivery and payment
1. The Goods are considered to be delivered upon pick-up by Customer at COB’s wharehouse or drop-off by COB at a location agreed between the parties.
2. Delivery will take place within 2-4 business days following receipt of an order by COB if the orderer Goods are in stock. In the event the concerned Goods are out-of-stock, the delivery may take up to 4 weeks depending on the overseas shipment time.
3. The Customer agrees to pay for the Goods as ordered or agreed.
4. Payment is due within 14 days of the invoice date.
5. Payment is accepted in the following manner(s): bank transfer, check or credit or debit card. Cash payments will not be accepted.
6. Alternative payment methods and/or terms may be described on the invoice or – as te case may be – in a separate sales agreement between the parties, including but not limited to an order form concerning the Goods.
7. If payment is not recieved by COB in full or in time, COB will be entitled to charge the Customer legal interest on the outstanding amount from the due date.
8. If the invoice remains unpaid after a reminder of COB, COB may pass on the claim to a collection agency, in which case the Customer shall, in addition to the total amount owed, pay all out-of-court and in-court expenses, including but not limited to legal fees and possible expenses incurred by COB in regard to unsuccessful mediation.
9. COB will remain to be the owner of any and all Goods until full payment of the concerned order or invoice in connection therewith.
1. All prices are in Antillean Guilders unless expressly otherwise stated by COB and shall be exclusive of turnover tax (omzetbelasting) and other levies imposed by any government authority.
2. COB will sell the Goods directly to Customers via its website and social media at a fixed prices.
3. In as far as Customer buys the Goods for resale purposes, COB will advise a maximum price, which should not be considered a fixed price.
4. Damage and limitation of liability
1. If Goods are damaged or otherwise compromised at time of delivery, this should be expressed to COB immediately. Once delivery has taken place without any notification of damage, COB is not responsible for the damaged good.
2. Unless the damage is due to gross negligence, COB’s liability for damages – whether direct or indirect, or material or immaterial – is limited to the purchase price of the concerned Good.
3. In the event of a hidden damage, i.e. damage to the Goods that could be discovered only after opening the Goods for use, and the Customer has sufficient proof of the hidden damage, COB will subtitute the Goods provided that the damaged Goods are returned within 8 business days after the sale thereof, along with the sales receipt, the packaging and a description of the nature of the damage.
1. Goods may be delivered to the Customer in consignment if so agreed in writing between COB and the Customer.
2. Goods are delivered in quantities as specified on the invoice or, in the absence of an invoice, in the concerned agreement. Inspection by both COB and the Customer will take place upon delivery.
3. If Goods are taken in consignment, the Goods sold are considered the difference of the Goods delivered in consignment and the Goods in stock with the Customer.
4. Monthly inventory will take place by the Customer and the Customer will send COB a report thereof before the 10th of each month, unless otherwise agreed between the parties.
5. Payment of Goods in consignment is due by the end of the same month of the monthly inventory.
6. COB will accept returned Goods only if undamaged, whole and complete with all labels, caps, packaging, etc. and not within 90 days of the expiration date if applicable.
7. Incurred damage or theft of inventory is the responsibility of the Customer.
8. COB is entitled to take back any unsold items upon receipt of the monthly inventory.
6. No partnership
1. You acknowledge that no joint venture, partnership, employment or agency relationship exists or arises between COB and you as a result of any agreement, unless otherwise stated in writing.
2. You will not act as a representative, agent or employee of COB and COB will not be liable for any (mis)representation, act or omission by you.
1. COB will promote the Goods in Curaçao, among others via social media.
2. If the Customer purchases the Goods for resale purposes, the Customer will co-operate with promotions activities concerning the Goods, including but not limited posting information concerning the Goods on its social media (e.g. point-of-sale locations, special promotion actions) as well as using displays and point-of-sale materials provided by COB.
8. Intellectual Property
1. COB is the sole owner of the intellectual property rights, including but not limited to copyrights, trademark rights and trade name rights, in connection with the Goods or has acquired from a third party the right to use (license) the intellectual property with the right of sub-licensing.
2. COB grants a (sub-)license to the Customer for the use of the copyrights and trademarks in connection with the promotion, sale and distribution of the Goods in Curaçao only.
3. The Customer will inform COB immediately in the event it becomes aware of an infringement of any intellectual property rights with respect to the Goods.
1. If any provision of the T&C or in agreement between the partner and the Customer concerning the sale of the Goods is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
2. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, the unlawful or unenforceable part will be deemed to be deleted, and the rest of the provision will continue in effect.
Any and all notifications to COB, including but not limited to complaints, must be sent by email to email@example.com.
12. Applicable law and dispute resolution
1. These T&C and any agreement hereunder shall be governed by Curaçao law.
2. All disputes between COB and the Customer shall be submitted to the competent court in Curaçao.