TERMS AND CONDITIONS MERAKI COSMETICS
Section 1 - DEFINITIONS
1.1 This website is operated by Meraki Cosmetics. ‘’Seller/we/our/us/Meraki’’ means Meraki Cosmetics, 5341 CE, Oss, (registered in the Netherlands) and the company’s website merakicosmetics.nl.
1.2 ‘’Customer’’ means the person or company to whom this document is addressed.
1.3 ‘’Site’’ shall mean merakicosmetics.nl.
1.4 ‘’Order’’ shall mean the submission of an order for products on the website by the customer.
Section 2 – GENERAL
2.1 These terms and conditions are applicable to the supply of products made by us, hereafter referred as Meraki Cosmetics, to the buyer hereafter referred as the customer.
2.2 By visiting our site and/ or purchasing something from us, you agree to be bound by the following terms and conditions including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms and conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
2.3 Please read these terms and conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms and conditions.
2.4 Any new features or tools which are added to the current store shall also be subject to the terms and conditions.
2.5 You can review the most current version of the terms and conditions at any time on the site.
2.6 We reserve the right to update, change or replace any part of these terms and conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
2.7 We reserve the right to refuse service to anyone for any reason at any time.
2.8 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the site, use of the site, or access to the site or any contact on the website through which the service is provided, without express written permission by us.
2.9 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms and conditions.
Section 3 – ONLINE STORE TERMS
3.1 You must be 18 years old or the age of the majority in your jurisdiction in order to make a purchase on our site. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our site.
3.2 Another situation is that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
3.3 By accessing or using the site, you are acknowledging that you have read, understand and agree, without limitation or qualification, to be bound by these terms and conditions. If you don’t then you may not use our site.
Section 4 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
4.1 We attempt to be as accurate as possible when describing our products on the site; however, we do not warrant that the product descriptions, colors, information or other content available on the site are accurate, complete, reliable, current, or error-free.
4.2 The material on this site is provided for general information only and should not be relied upon or used as a sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the site is at your own risk.
4.3 The site may contain typographical errors or inaccuracies and may not be complete or current. Meraki Cosmetics, therefore, reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
4.4 Such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
4.5 We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 5 – PRICE
5.1 Prices for our products are subject to change without notice.
5.2 We reserve the right at any time to modify or discontinue the site (or any part or content) without any notice at any time.
5.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the site.
5.4 The prices of the goods will be as quoted on the site from time to time. We take reasonable care to ensure that the prices of goods are correct at the time when the relevant information was entered onto the system However if we discover an error in the price of the product(s) you ordered, we will not be able to ship out your product and we will cancel your order.
5.5 Prices for our goods may change from time to time, but changes will not affect any orders which we have confirmed.
5.6 All prices are quoted in Euro and include BTW.
Section 6 – PAYMENT
6.1 Payments must be made in euros € only, and by one of the following payment methods unless otherwise specified.
6.2 Payments are possible trough: Paypal, iDeal, Credit Cards (Visa, Maestro, Amex, Mastercard), SOFORT Banking, Belfius, KBC and Bank deposit.
6.3 Any discount codes issued are strictly subject to the individual terms and conditions with which they were issued, which may include, amongst other things, eligibility of use and maximum order value. If any of the terms and conditions with which the discount codes were issued contradicts these terms and conditions, these terms and conditions with respect to the discount code will prevail.
6.4 We reserve the right to reject or cancel any order which does not comply with these terms even if your credit or debit card has been charged (and will refund in full any amounts paid by you in respect of the order).
Section 7 – PASSING OF PROPERTY
7.1 Meraki Cosmetics shall retain the property of the goods until full payment has been made by the customer and has been received. The customer will own the goods once full payment has been received by Meraki Cosmetics.
Section 8 – ORDERS
8.1 All orders are subject to acceptance and availability. Upon placing an order with Meraki Cosmetics, the customer will receive an order acknowledgment and subsequent update email(s). Receipt of the acknowledgment and these emails does not confirm that the order has been accepted by Meraki Cosmetics.
8.2 Products purchased from Meraki Cosmetics are not for resale or distribution. Meraki Cosmetics reserves the right to cancel any orders which are suspected are being purchased for resale or distribution.
8.3 For a detailed overview of our return and delivery policy, please look at the site.
Section 9 – DELIVERY
9.1 If you order goods from the site for delivery to one of the international delivery destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
9.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing any order.
9.3 You must comply with all applicable laws and regulations of the country of which the products are destined. We will not be liable or responsible if you break any such law.
9.4 For more information about estimated delivery times, please check the site for a detailed overview.
Section 10 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
10.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
10.2 These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
10.3 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
Section 11 – PASSING OF RISK
11.1 Customer will assume the risk of the products ordered once they have been delivered to the address specified in the order. Meraki Cosmetics accept no liability for undelivered parcels where the customer provides an incorrect or invalid delivery address and/or fails to collect the order from the delivery address specified following our reasonable efforts to contact you to deal with this.
11.2 In the event of an order being lost by a third party which has either been authorized by you to accept the products or a courier commissioned by you to deliver the products, Meraki Cosmetics bears no risk once it has been delivered to them. Where goods have been received damaged, a full refund will be made if we are notified of the problem within 30 days of delivery by phone, email or otherwise in writing with a picture of the damaged product included. You will then be required to return the goods together with their original packaging to the Meraki Cosmetics trading address.
11.3 The customer shall inspect the goods within a reasonable time after their delivery. The customer shall notify the seller in writing or by email if the goods are faulty or misdescribed and shall be entitled to a full refund, to get the product repaired or replaced or to get some of their money back if received a picture of the damaged product.
Section 12 – RETURNS PROCEDURE
12.1 Due to hygiene reasons we do not accept any returns. For a more detailed overview of our return policy, please check the site.
Section 13 – OPTIONAL TOOLS
13.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
13.2 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
13.3 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these terms and conditions.
Section 14 – THIRD PARTY LINKS
14.1 Certain content, products and services available via our site may include materials from third-parties.
14.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
14.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.
14.4 Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 16 – INTELLECTUAL PROPERTY
16.1 The customer shall respect all license agreements delivered by the copyright owners. Meraki Cosmetics cannot be held responsible for liable for any misuses conducted by the customer or any third party.
16.2 All trademarks shown on merakicosmetics.nl belong to their registered owners and must not be copied without prior permission.
16.3 You must not use any part of the materials on the site for commercial purposes without obtaining a license to do so from us or our licensors.
Section 17 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
17.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
17.2 We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
17.3 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms and conditions.
17.4 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
17.5 You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
17.6 We have the right to remove any material or posting you make on the site if, in our opinion, such material does not comply with the content standards.
Section 18 – PROHIBITED USES
18.1 In addition to other prohibitions as set forth in the terms and conditions, you are prohibited from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the site or any related website, other websites, or the Internet.
18.2 We reserve the right to terminate your use of the site or any related website for violating any of the prohibited uses.
Section 19 – DISCLAIMER OF WARRANTIES: LIMITATION OF LIABILITY
19.1 You agree that neither we nor our parents, subsidiaries, affiliates, partners or licensors will be responsible or liable in contract, warranty in tort for any:
- interruption of business;
- access delays or access interruptions to the site;
- data non-delivery, misdelivery, corruption, destruction or other modification;
- loss or damages of any sort incurred as a result of dealing with or the presence of off-website links on the site;
- computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites;
- any inaccuracies or omissions in the content or;
- events beyond our reasonable control.
19.2 Further, neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be liable in contract, warranty, or in tort (including negligence) for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the site or you use thereof.
19.3 You agree that no claims or action in contract, warranty, or in tort (including negligence) arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than (1) year after the cause of action relating to such claim or action arose.
19.4 You expressly agree that your use of, or inability to use, the service is at your sole risk.
19.5 Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 20 – INDEMNIFICATION
20.1 You agree to indemnify, defend and hold harmless Meraki Cosmetics and our parents, subsidiaries, affiliates, partners or licensors, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms and conditions or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
Section 21 – SEVERABILITY
21.1 In the event that any provision of these terms and conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 22 – TERMINATION
22.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
22.2 These terms and conditions are effective unless and until terminated by either you or us.
22.3 You may terminate these terms and conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
22.4 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms and conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our site.
Section 23 – ENTIRE AGREEMENT
23.1 The failure of us to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
23.2 These terms and conditions and any policies or operating rules posted by us on this site or with respect to the site constitute the entire agreement and understanding between you and us and govern your use of the site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms and conditions).
23.3 Any ambiguities in the interpretation of these terms and conditions shall not be construed against the drafting party.
Section 24 – GOVERNING LAW
24.1 These terms and conditions are governed and shall be interpreted in accordance with Dutch Law and shall be subjected exclusively to the jurisdiction of the court of the Netherlands. Any person attempting to make fraudulent credit card transactions will be prosecuted with no exception.
Section 25 – CHANGES TO TERMS AND CONDITIONS
25.1 You can review the most current version of the terms and conditions at any time at the site.
25.2 We reserve the right to update, change or replace any part of these terms and conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
25.3 Your continued use of or access to our website or the site following the posting of any changes to these terms and conditions constitutes acceptance of those changes.
Section 26 – CONTACT INFORMATION
26.1 Questions regarding the terms and conditions should be sent to us at firstname.lastname@example.org.