Certified Cosmetics
Transistorstraat 91-02, 1322 CL Almere, The Netherlands
T: +31 36 2036384
E: contact@certifiedcosmetics.com
Chamber of Commerce: Certified Cosmetics | KVK: 61064939
VAT: NL854189543B01 | EORI: NL854189543
Article 1: Definitions
1.1 Certified Cosmetics: the sole proprietorship operating under the trade name “Certified Cosmetics”, registered in Almere, The Netherlands.
1.2 Client: any natural or legal person to whom Certified Cosmetics provides services or offers.
1.3 Assignment: any agreement between Certified Cosmetics and the Client regarding the performance of services.
1.4 Safety Assessment / CPSR: the Cosmetic Product Safety Report as required under Regulation (EC) No. 1223/2009.
1.5 PIF (Product Information File): complete product documentation, including CPSR, labels, and GMP, as required by EU law.
1.6 Report: the outcome document produced by Certified Cosmetics, which may include but is not limited to CPSRs, lab test results, and PIF components.
Article 2: Applicability
2.1 These Terms apply to all offers, agreements, services, and assignments by Certified Cosmetics.
2.2 The applicability of any other general terms and conditions, including those of the Client, is explicitly excluded.
2.3 Deviations from these Terms are valid only if agreed in writing.
2.4 Certified Cosmetics may engage third parties in the execution of services.
2.5 The provisions of Book 7, Sections 404, 407(2), and 408(1-2) of the Dutch Civil Code are excluded.
Article 3: Services and Execution
3.1 The scope of the Assignment is described in an offer, invoice, or confirmation via email or document.
3.2 The Client must provide all necessary documentation and data for proper execution.
3.3 Incomplete data may result in a provisional Report. Further assignments may be required to finalize the work.
3.4 Certified Cosmetics will execute the Assignment with due care but offers no guarantees regarding any regulatory or commercial outcomes.
Article 4: Reporting and Use
4.1 Reports are delivered in standard format. Customization is subject to additional fees.
4.2 Reports are for internal use by the Client and may only be shared with regulators or authorities within the context of EU cosmetic compliance.
4.3 Reports may not be altered, published, or used commercially without prior written consent.
4.4 The Client may not distribute Reports to competitors or parties who may gain an unintended commercial advantage.
4.5 Certified Cosmetics retains copyright over all deliverables. Reuse for other products or purposes requires prior written approval and may incur additional costs.
Article 5: Prices and Payment
5.1 Prices are in Euros and exclusive of VAT unless stated otherwise.
5.2 Fixed fees apply unless otherwise agreed. Hourly rate: €150/hour with a minimum charge of one hour, if no fixed fee is in place.
5.3 Additional work beyond the scope of the original Assignment will be invoiced separately.
5.4 Assignments may not be canceled without written approval. Agreed fees remain due if cancellation is not accepted.
5.5 Invoices are payable within 14 days.
5.6 Late payments may result in statutory interest, administrative fees, and collection costs (minimum 15% of outstanding invoice).
5.7 Certified Cosmetics may require advance payment or suspend work until payment is secured.
5.8 Complaints about invoices must be submitted in writing within 14 days.
Article 6: Confidentiality
6.1 Both parties will maintain confidentiality about the Assignment, documentation, and business operations, including but not limited to formulations, test results, and regulatory status.
6.2 Confidential information will not be disclosed to third parties unless required by law or regulatory authorities.
Article 7: Liability
7.1 Certified Cosmetics’ liability is limited to the invoiced amount for the specific service in question.
7.2 Liability for indirect damages, including commercial loss, loss of turnover, and reputational damage, is excluded.
7.3 The Client must report any claims in writing within one month of discovery. Claims expire one year after the relevant event.
7.4 This limitation of liability also extends to any third parties engaged by Certified Cosmetics in fulfilling the Assignment.
Article 8: Intellectual Property
8.1 All documents, templates, reports, assessments, and certificates remain the intellectual property of Certified Cosmetics unless otherwise agreed.
8.2 Deliverables may only be used for the specific product(s) and regulatory context defined in the Assignment.
Article 9: Termination
9.1 Assignments cannot be withdrawn prematurely without explicit consent.
9.2 If early termination is approved, Certified Cosmetics is entitled to invoice for work performed and any loss or costs incurred.
Article 10: Force Majeure
10.1 Certified Cosmetics is not liable for failure to meet obligations due to force majeure, including but not limited to illness, supply chain disruption, governmental restrictions, or failure of third parties.
Article 11: Disputes and Governing Law
11.1 All agreements are governed exclusively by Dutch law.
11.2 Disputes will be submitted to the competent court in Midden-Nederland, location Lelystad.
11.3 Certified Cosmetics reserves the right to submit a dispute to the Client’s local competent court if needed.
Article 12: Acceptance
12.1 By submitting an order or entering into an agreement with Certified Cosmetics, the Client confirms to have read, understood, and agreed to these Terms and Conditions.
