General resales terms and conditions

Applied as of February 2013

General

Unless otherwise explicitly agreed, these general resales terms and conditions (“General Terms”) apply to all deliveries by Cutrin Oy (“Cutrin”) in Finland, where the reseller (“Reseller”) buys and further sells and markets Cutrin products to consumers for its own account.  By placing an order the Reseller agrees to be bound by and to accept these terms.

 

Ordering the products

The Reseller orders Cutrin products within Cutrin assortment according to his needs. Cutrin does not guarantee the availability of any product, but reserves the right, without liability or earlier notice to change, discontinue or make certain product unavailable. Cutrin may also complement the number of products within its assortment according to its judgment at any time. Cutrin has the right to refuse the order from the Reseller.

The Reseller’s order (“Order”) concerning Cutrin products is binding as soon as the Order has been received in the order management system of Cutrin.

A contract will be entered into between Cutrin and the Reseller as soon as the Order has been accepted into the order management system of Cutrin.

 

Delivery terms

Cutrin aims to deliver the Order within seven (7) days from the receipt of the Order. However, the Reseller may not hold Cutrin responsible for a delay of the delivery.

The Order will be delivered to the delivery address indicated by the Reseller when placing the Order. The Reseller is responsible for submitting the correct delivery address.

The liability for risk concerning the products ordered passes on to the Reseller after the Reseller has received the delivery.

The Reseller has to inform Cutrin without any delay and at the latest within seven (7) days after the delivery in case the delivered order is incomplete, the products have been damaged in transportation or are otherwise defective. Cutrin aims to arrange for the replacement of the missing products or the exchange of the defect products within normal delivery time. In case the replacement or the exchange is not possible due to stock issues or any other reason, Cutrin credits the share of missing or defect products in the invoice. The Reseller is responsible for returning the defect or excess products delivered by mistake to Cutrin.

 

Prices and payment terms

The prices of Cutrin products are defined by the Cutrin Price List valid at the time. In case the total value of the Order is below the minimum value exempted from delivery cost defined in the price list, an additional delivery cost is added in the invoice for the Reseller. Cutrin reserves the right to change the applied prices and the delivery costs at any time according to its judgment, provided that such changes shall only apply to orders made after the entry into force provided that any changes shall only apply to orders made after the entry into force of such changes.sof such changes.

The Reseller settles the invoice for his Order within 30 days from the date of the invoice issued by Cutrin, unless otherwise agreed. An interest according to the provisions of the Finnish Interest Act may be charged on payments in arrears. Additionally, reasonable collection costs for the delayed payment may be allocated on the Reseller.

Any comments regarding the invoice submitted by Cutrin shall be made within seven (7) days after the receipt of the invoice.

 

Sales of the products

The Reseller confirms that Cutrin products are sold only in channels or at point-of-sales for hair cosmetics and professional hairdresser products.

The Reseller confirms that the display and sales of Cutrin products are implemented by personnel that has sufficient knowledge of products within hair cosmetics.

 

Cutrin logos and trademarks

All logos and trademarks related to Cutrin products and other immaterial rights are the sole ownership of Cutrin. Cutrin guarantees the Reseller the right to use the logos and trademarks, and other registered and unregistered symbols (“Symbols”) related to Cutrin products according to Cutrin guidelines. The Reseller has the right to use the Symbols only for sales and marketing purposes of Cutrin products.

 

Limitations of liability

The Reseller shall not hold Cutrin liable for any indirect damage concerning Cutrin products, these General Terms or for breaching them, unless this damage has been caused by purpose, unlawful intent or gross negligence.

 

Obligation of secrecy

The Reseller is obliged not to disclose the commercial terms and other confidential information it has obtained from Cutrin. The confidential information may include, e.g., financial information, customer data, sales and marketing plans and other business secrets or any information that otherwise may be considered confidential. The Reseller may use such information only in order to fulfill his obligations said forth in these General Terms.

The Obligation of Secrecy is valid also after the expiry of Reseller’s resales efforts and until keeping this information secret is, or may be, relevant for Cutrin.

The Obligation of Secrecy does not, however, concern information that has become public knowledge (by other means than by breach of obligation of secrecy) or information that the Reseller is obliged to disclose due to legislation or other regulation by state authorities.

 

Validity of general terms and conditions

These General Terms are valid until further notice.

 

Applicable law and place of jurisdiction
These General Terms shall be governed and construed in accordance with Finnish law.

The Reseller and Cutrin aim to settle any disputes possibly arising out of or in connection with these General Terms primarily by negotiation. In case a dispute resolution cannot be reached by negotiation, the place of jurisdiction is the Court in Helsinki, Finland.

 

 

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