Terms & Conditions
GENERAL TERMS & CONDITIONS
General Terms and Conditions of Panache Curations
These General Terms and Conditions were last amended on October 7th 2024.
INTRODUCTION
By placing an order on www.PanacheCurations.com, you are accepting to purchase a Product, a Service and/or a Gift Card on and subject to the following terms and conditions of Panache Curations (the “General Terms and Conditions”). The General Terms and Conditions always apply between you and Panache Curations when you use or place an order through the website www.PanacheCurations.com (the “Site”) or participate in a contest, a giveaway or the Loyalty Program of Panache Curations. The General Terms and Conditions contain important information for you as a customer of Panache Curations. Please read them carefully, together with our Privacy Policy and Terms of Service. We also recommend you to save or print the General Terms & Conditions, Privacy Policy and Terms of Service, so you can consult them again at a later date.
ARTICLE 1 DEFINITIONS
AGREEMENT: any arrangement or agreement between Panache Curations and the Client for the purchase of Products, Services and/ or Gift Cards, of which the General Terms and Conditions form an integral part.
CLIENT: The consumer or (legal) person acting in the performance of a profession or business who enters into an Agreement with Panache Curations.
GENERAL TERMS & CONDITIONS: These terms and conditions of Panache Curations.
GIFT CARD: The electronic gift card(s) as offered on the Site.
PRODUCT(S): The product(s) as offered on the Site.
SERVICE(S): The service(s) as offered on the Site.
SITE: the website www.PanacheCurations.com.
ARTICLE 2 APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
2.1 The General Terms and Conditions apply to all offers and deliveries from, and Agreements with, Panache Curations, unless otherwise explicitly agreed on in writing.
2.2. If the Client declares other provisions or terms applicable in his/her order, confirmation or through any other communication medium, such provisions will only be binding upon Panache Curations if and in so far as Panache Curations has explicitly accepted them in writing.
ARTICLE 3 PRICES AND INFORMATION
3.1 All prices as displayed on the Site and on other materials originating from Panache Curations are for orders within the European Union and include VAT and any other taxes and levies imposed by the government, unless stated otherwise on the Site. If the rate of VAT changes between the Client’s order date and the date we supply the Product or perform the Service, Panache Curations will adjust the rate of VAT that the client pays, unless the Client has already paid for the Product or the Service in full before the change in the rate of VAT takes effect.
3.2 For orders outside of the European Union, additional costs such as customs duties, VAT or any other fees, levies or taxes may apply. Such costs are expressly not included in the price and will be fully borne by the Client. Panache Curations cannot be held responsible for any additional costs, such as (including but not limited to), customs duties, VAT and/or any other fees, levies or taxes. We recommend contacting your local customs office for more information on specific taxes and customs duties in your country.
3.3 If shipping costs are charged, these will be clearly stated on the Site before the Agreement is concluded. The shipping costs will be displayed separately in the ordering process.
3.4 The content of the Site is composed with the greatest care. Panache Curations can however not guarantee that all information on the Site is displayed correctly and/or is complete at all times. All prices and other information displayed on the Site and on other materials originating from Panache Curations may include typographical and/or programming errors. Panache Curations is not liable for such typographical and/or programming errors and reserves the right to correct such errors at all times. If Panache Curations accepts and processes the Client’s order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by the Client as a mispricing, Panache Curations may end the Agreement, refund any sums paid and require the return of any Products provided.
3.5 The pricing and availability of the Products and the Services may change at any time without further notice.
ARTICLE 4 PRODUCTS AND SERVICES
4.1 The images of the Products and the Services on our Site are for illustrative purposes only. Panache Curations is not liable for any deviations between the colour of the actual Product and the colour of the Product as displayed on the Site.
4.2 Panache Curations may change the Product at any time and without further notice
(i) to reflect any changes in relevant laws and regulatory requirements and
(ii) to implement minor technical adjustments and improvements.
These changes will not affect the Client’s use of the Product.
4.3 Panache Curations may suspend, cancel or change the Services at any time and without further notice. The Services are only provided to customers in the European Union, United Kingdom and United States, unless explicitly stated otherwise in writing by Panache Curations
4.4 Panache Curations may offer Services in the form of online virtual beauty consultations. An appointment for a virtual beauty consultation will be available to book online via the scheduling tool on the Site on a first come first served basis. In order to also allow other customers to make an appointment for a virtual beauty consultation, a maximum of one (1) virtual beauty consultation per person per week applies. Panache Curation cannot guarantee availability of the Services.
ARTICLE 5 GIFT CARDS
5.1 Gift Cards can only be purchased online and can only be redeemed on www.PanacheCurations.com. Gift Cards denominated in euro (€) can only be purchased and redeemed on the European website. The Gift Card can be used to pay for the full value or part of the value of the selected Products and/or Services. The Gift Card cannot be redeemed against the purchase of another Gift Card. If a purchase is not completely covered by a Gift Card, an additional payment method as offered on the Site can be used to complete the purchase. Gift Cards are not redeemable for cash. The current balance of a Gift Card can be checked upon check-out or by sending an e-mail to info@panachecurations.com.
5.2 When purchasing a Gift Card on the Site, the Gift Card will be sent to the recipient’s email address immediately after the purchase is completed. Panache Curations will not be liable for failure or delay in delivery. The Client is obliged to provide a correct email address for delivery. If the provided email address cannot be confirmed, Panache Curations reserves the right to withhold the delivery of the Gift Card.
5.3 The maximum amount that an individual Gift Card can hold is EUR 250,00. Panache Curations will provide the Client with specific denominations to choose from which the Client can select to load on to the Gift Card.
5.4 A Gift Card expires automatically once its balance has been exhausted. A Gift Card may not be topped up with additional funds.
5.5 A Gift Card is valid for two (2) years after the date of purchase. The expiration date is stated on the Gift Card and is leading. After the expiration date as stated on the Gift Card, the Gift Card cannot be used for a purchase, cannot be reactivated and the remaining value cannot be reimbursed. Panache Curations has no obligation to remind or inform the Client of a Gift Card’s expiry and it is the sole responsibility of the Client to ensure that any balance is used in full prior to expiry.
5.6 The Client is obliged to retain an expired Gift Card in the event the Client wishes to return a purchase. Any Products or Services paid for using a Gift Card that are subsequently returned for a refund will be credited on the existing or a new Gift Card. If the total to be refunded is more than paid for by using a Gift Card, then the remaining refund balance will be refunded to the other payment method used by the Client ( e.g. credit/debit card or other payment methods).
5.7 Panache Curations cannot be held liable for Gift Cards which are lost, stolen or inactivated. We advise to treat the Gift Card as cash.
5.8 Gift Cards remain the property of Panache Curations who maintains the right to cancel the card in its sole discretion in situations where it is deemed necessary to do so (such as to comply with applicable laws or as a result of circumstances beyond its control).
ARTICLE 6 CONCLUSION OF THE AGREEMENT
6.1 The Agreement will be deemed to be concluded at such moment that the Client accepts the offer of Panache Curations by clicking the “BUY” button on the checkout page of the Site, which offer is subject to the General Terms and Conditions.
6.2 After the Client has accepted the offer by electronic means, Panache Curations will confirm receipt of acceptance of the offer by electronic means.
6.3 If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, Panache Curations will have the right to suspend its obligations until the correct data has been received from the Client.
6.4 Panache Curations expressly reserves the right to reject a Client’s order without stating reasons.
6.5 Panache Curations prohibits the sale of Products and Services by unauthorised resellers and does not sell or supply Products or Services to unauthorised resellers. An order placed by an unauthorised reseller will be rejected without stating reasons and the concerning Client may be excluded by Panache Curations from the Site.
6.6 In the event Panache Curations suspects any fraudulent activity, including but not limited to providing false information, unauthorised use of payment methods or other actions which intend to disrupt, abuse, exploit or deceive our services, Panache Curations reserves the right, at its sole discretion, to:
(i) Block access to the Site and the Products and Services of Panache Curations;
(ii) Remove or disable any associated Client accounts from the database of Panache Curations;
(iii) Cancel any orders or transactions related to fraudulent activity; and
(iv) Prevent placement of any future orders on the Site.
ARTICLE 7 EXECUTION OF THE AGREEMENT
7.1 As soon as Panache Curations has received a Client’s order and has confirmed the acceptance thereof, it will hand over the Products to the shipping company as selected by the Client during the ordering process. The shipping company will deliver the Products to the Client.
7.2 Panache Curations is authorised to engage any third parties in the fulfilment of its obligations under the Agreement.
7.3 The Site includes information describing the manner of delivery of the Products and an estimation of the term in which the Products will be delivered to the Client.
7.4 If Panache Curations is unable to deliver the Products within thirty (30) days after the confirmation of acceptance of the order, it will notify the Client accordingly. In such event, the Client has the right to either agree to a new delivery date or to dissolve the Agreement without incurring any costs, and the Client will receive a refund for any Products paid for but not received. Panache Curations is not liable for any delay in the delivery process.
7.5 Panache Curations advises the Client to inspect the Products upon receipt and to report any defects within two (2) working days after delivery in writing or by email, and in any case within a reasonable period of time after discovering the defect.
7.6 As soon as the Product has been delivered to the delivery address submitted by the Client, the risk of the Product fully transfers to the Client, without prejudice to any rights consumers may have.
7.7 If the ordered Product is out of stock or can no longer be supplied for any other reason, Panache Curations may cancel the order by notifying the Client or deliver a Product that is comparable in nature and quality to the ordered Product. In that case, the Client will have the right to dissolve the Agreement without incurring any costs and the client may return the comparable Product free of charge within fourteen (14) days after the Product has been delivered to the Client.
ARTICLE 8 RIGHT TO WITHDRAW
8.1 The Client has the right to return the Product within fourteen (14) days after the Product has been delivered to the Client. The Client must bear the costs for shipping the Products to Panache Curations. For Clients outside the European Union, this may also concern additional costs, such as (including but not limited to), customs duties, VAT and/or any other fees, levies or taxes. Such costs will be fully borne by the Client. Panache Curations cannot be held responsible for any additional costs for returning the Products to Panache Curations.
8.2 The Client must inform Panache Curations of its wish to return the Product by sending an e-mail to info@PanacheCurations.com, by filling out the model cancellation form (to be found at the end of these General Terms and Conditions) or in any other unambiguous way within the aforementioned period of fourteen (14) days after the Product has been delivered to the Client. This notification must include the following information: order number, name, phone number, e-mail address and delivery address. After receipt of the notification, Panache Curations will provide a Return Authorization number (“RA Number”) to the Client. After receipt of the RA number, the Client will have fourteen (14) days to return the Product to Panache Curations.
8.3 Insofar reasonably possible, returned Products must be sealed, unused, undamaged and returned in its original unopened packaging with its original packing slip. Returned Products that do not satisfy all of the aforementioned conditions, cannot be accepted due to health protection and hygiene reasons.
8.4 The Client is responsible for the chosen shipping method for the return of the Product. The risk of the Product will transfer to Panache Curations when Panache Curations has received the Product. This means that Panache Curations is not responsible for any returns which are (for example) lost and/or damaged during transport when being returned. We therefore advise you to choose for registered shipment, request tracking information and ensure the package containing the returned Product(s). Panache Curations does not make any exceptions to this policy.
8.5 Panache Curations will confirm receipt of the returned Product upon receipt. Within fourteen (14) days of being notified that the Client wishes to return the Product, Panache Curations will refund the total purchase price (including shipping costs) to the Client, provided that Panache Curations has received the returned Product itself or Client is able to proof shipment of the Product. If Client has chosen for a shipping method that was more expensive than the “standard shipping method”, Panache Curations will only reimburse the price of the “standard shipping method”.
ARTICLE 9 PAYMENT
9.1 The Client shall pay the amounts due to Panache Curations in accordance with the ordering process and through the payment method selected on the Site. Panache Curations is free to offer any payment method of its choice and may change these payment methods at any time.
9.2 Any refunds will be provided by the method used by the Client for payment, unless agreed otherwise.
ARTICLE 10 WARRANTIES AND CONFORMITY
10.1 Panache Curations warrants that the Products are suitable for their intended use, as described on the Site. Additional warranty terms for Panache Curations tools may apply as described in the warranty section of the user manual which can be found on the Style Guide and Care Tips.
10.2 If the delivered Product fails to comply with the Agreement, the Client must notify Panache Curations thereof in writing (which includes e-mail) within a reasonable period of time, where a notification within two (2) months after the consumer has discovered the defect will be considered reasonable. Such notification must contain a description of the defect in as much detail as possible, in order to enable Panache Curations to provide an adequate response and/or take adequate action.
10.3 If a Product fails to comply with the Agreement and the Client has correctly notified Panache Curations thereof in writing within a reasonable period of time, the Product concerned will be repaired, replaced or (partially) refunded, such in consultation with the Client. Panache Curations will pay the costs of return and other shipping costs in case of faulty or misdescribed Products.
10.4 Panache Curations only offers warranties on Products purchased on the Site or from an authorised reseller and accompanied by a valid receipt or proof of purchase. If a client purchases a Product from an unauthorised reseller, the warranty will not be valid. Please be aware that there are some websites or dealers (e.g. on Amazon) who claim to be authorised resellers but are not. Products sold on these websites or from these dealers do not carry a warranty from Panache Curations. When purchasing Products from an unauthorised website, you are taking a risk because these Products may be counterfeit, used, defective, or may not be designed or fit for use in your country. Please ensure that you only purchase Products through the Site or from an authorised reseller. If you have any questions about authorised resellers, please contact us. This disclaimer is without prejudice to any rights consumers may have and to the extent permitted by applicable law.
ARTICLE 11 COMPLAINTS HANDLING PROCEDURE
11.1 If the Client has any grievances in connection with a Product or Service (in accordance with article 10 entitled, “Warranties and Conformity”), or regarding any other aspects of the Site or service of Panache Curations , it can submit a complaint by email or in writing. The contact details of Panache Curations are provided at the end of these General Terms and Conditions.
11.2 Panache Curations will respond to the complaint as soon as possible, and in any case within seven (7) days after receipt of the complaint. If Panache Curations is unable to formulate a substantive response to the complaint within such period, Panache Curations will confirm receipt of the complaint within seven (7) days after receipt of the complaint and give an indication of the term within which it expects to be able to give a substantive or definitive response to the Client.
SECTION 12 LIABILITY
12.1 FOR CONSUMERS. To the extent allowed under applicable mandatory law, the total liability of Panache Curations in respect of the Client due to an attributable failure to perform the Agreement is limited to a compensation which does not exceed the price stipulated for that particular Agreement (including VAT and shipping costs). Panache Curations is not liable for any indirect or damages or losses, including, without limitation, consequential damages, lost profits, lost savings, loss of data and damage due to business interruption. Panache Curations does not exclude or limit in any way its liability to the Client where it would be unlawful to do so.
12.2 FOR PERSONS ACTING PROFESSIONALLY. To the extent permitted by applicable law, Panache Curations is not subject to any liability, irrespective of the grounds upon which an action or proceeding may be based. The restrictions set out in this article 11.2, will cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of Panache Curations. Panache Curations is not liable for any indirect damages or losses, including, without limitation, consequential damages, lost profits, lost savings, loss of data and damage due to business interruption.
12.3 To the extent permitted by applicable law, and without prejudice to any rights consumers may have, Panache Curations will only be liable to the Client on account of an attributable failure in the performance of an Agreement if the Client issues a written notice of default to Panache Curations without delay, stipulating a reasonable period of time in which Panache Curations has the possibility to remedy the default, and Panache Curations fails to cure the default within such period (unless the default cannot be remedied). The notice of default must contain a description of the default in as much detail as possible, in order to enable Panache Curations to provide an adequate response and/or take adequate action.
12.4 Any event giving rise to compensation is always subject to the condition that the Client reports the damage or loss in writing to Panache Curations as soon as possible, but no later than within thirty (30) days after the damage or loss has arisen.
12.5 Panache Curations is not liable for any failure or delay in the performance of its obligations under the Agreement, the General Terms and Conditions or any damage or loss the Client has incurred caused by force majeure, meaning any event beyond the reasonable control of Panache Curations or any third parties engaged by Panache Curations to fulfil its obligations under the Agreement, including but not limited to strikes, work stoppages, theft, sabotage, fraud, accidents, acts of war or terrorism, civil or military disturbances, flu outbreaks, plagues, pandemics, epidemics, quarantine restrictions, acts of government, nuclear or natural catastrophes or acts of God, and any interruptions, failure, loss or malfunctions of utilities, communications, computer (software and hardware) services, telecommunications, data communications or related services, to the extent permitted under applicable law. This includes amongst others (and without limitation) the event that any third party engaged by Panache Curations is not able to fulfil its obligations due to a force majeure event.
ARTICLE 13 RETENTION OF TITLE
13.1 As long as Panache Curations has not received full payment for the Products, Panache Curations will retain the ownership of the Products. The Client will own the Product after Panache Curations has received payment in full.
13.2 Panache Curations may suspend its obligations until payment has been received in full.
ARTICLE 14 PERSONAL DETAILS
14.1 Panache Curations will process the Client’s personal data in accordance with the Privacy Policy, Cookie Policy and Terms of Service as published on the Site.
ARTICLE 15 FINAL PROVISIONS
15.1 The General Terms and Conditions and the Agreement are exclusively construed in accordance with and shall be exclusively governed by Dutch law.
15.2 Except in case of a dispute with a consumer, any dispute arising out or in connection with the General Terms and Conditions and the Agreement, including disputes concerning the existence and validity thereof will, if no amicable settlement can be reached, be exclusively submitted to the competent court of Amsterdam.
15.3 If the Client is a consumer and resides within the European Union, or in Norway, Iceland or Liechtenstein, he/she may also be able to refer a dispute to the European Online Dispute Resolution (“ODR”) platform at http://ec.europa.eu/consumers/odr. The ODR platform is a web-based platform which is designed to help consumers who have bought products or services online. It provides access to independent alternative dispute resolution services which are usually free for consumers to use. Panache Curations has the discretion as to whether it will agree to a complaint being resolved through the ODR platform.
15.4 In the event that any of the provisions contained in the General Terms and Conditions will be deemed invalid or unenforceable, then the remaining provisions shall be construed as if such invalid provisions were not contained herein; and such invalid or unenforceable provisions will then be deemed to have been replaced by a provision which as closely as possible meets the intention of Panache Curation when inserting the original provision.
15.5 In the event of any conflict or inconsistency between the provisions in these General Terms and Conditions and the Agreement, the provisions of the Agreement will prevail.
15.6 Panache Curations has the right to update and to make changes to these General Terms and Conditions at any time. It is the Client’s responsibility to check these General Terms and Conditions from time to time to ensure that the Client is aware of any changes which have been made. We will notify Clients if changes to these General Terms and Conditions are significant and/or have an adverse effect on Client’s rights and obligations under the Agreement. In case of significant or adverse changes, the Client will have the right to end the Agreement before the changes take effect and receive a refund for any Products and/or Services paid for but not received.
CONTACT DETAILS
Should you have any questions, complaints or comments after reading the General Terms and Conditions, or if you need to provide us with notice, please contact us by email.
Chamber of Commerce number: 92736254
(MODEL CANCELLATION FORM)
(Complete and return this form only if you wish to withdraw from the contract)
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s),*
Date:
[*] Delete as appropriate