Last Revision Date: August 2021

This website is operated by WellYess Cosmetics. Throughout the site, the terms “we”, “us” and “our” refer to WellYess Cosmetics. WellYess Cosmetics offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service 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.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Table of Contents:

Section 1 - Definitions
Section 2- Identity of the entrepreneur
Section 3 - Applicability
Section 4 - The Offer
Section 5 - The Agreement
Section 6 - Right of Withdrawal
Section 7 - Costs in Case of Withdrawal
Section 8 - Exclusion of Right of Withdrawal
Section 9 - The Price
Section 10 - Conformity and Warranty
Section 11 - Delivery and Performance
Section 12 - Continuous Transactions
Section 13 - Payment
Section 14 - Complaints Procedure
Section 15 - Disputes
Section 16 - Additional or Deviating Provisions
Section 17 - Governing Law
Section 18 - Changes to Terms of Service
Section 19 - Contact information

Section 1 Definitions

In these terms and conditions, the following definitions shall apply:

Cooling-off period: the period of time during which the consumer may exercise their right of cancellation;
Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the trader;
Day: calendar day;
Duration Contract: a distance contract relating to a series of products and/or services, the delivery and/or obligation to take delivery of which is spread over time;
Durable medium: any means that enables the consumer or trader to store information that is personally addressed to him, in such a way as to allow future consultation and unaltered reproduction of the stored information.
Right of cancellation: the possibility for the consumer to cancel the distance contract within the cooling-off period;
Model cancellation form: the model cancellation form made available by the trader that a consumer may fill out if they wish to exercise their right of cancellation.
Trader: the natural or legal person offering products and/or services to consumers at a distance;
Distance Contract: a contract concluded in the framework of a sales system organized by the trader, involving only the use of one or more techniques for distance communication up to and including the conclusion of the contract;
Technique for distance communication: means that may be used for concluding a contract without the consumer and trader being simultaneously present in the same physical space.
General Terms and Conditions: the present General Terms and Conditions of the trader.

Section 2 Business Identity Business

Company name: WellYess Cosmetics E.Z.
Operating Under the Name/Names: WELLYESS
Place of Business: Heydenrijckstraat 23, Nijmegen, 6521LK, NL
Telephone Number: +31 (0)15350796
Availability: Monday to Friday, 08:00-18:00
Email Address: info@wellyess.nl
Chamber of Commerce (KvK) Number: 77895614
Value Added Tax (VAT) Number: NL003257171B98

Section 3 Applicability

These terms and conditions apply to every offer by the trader and to every remote agreement and order between trader and consumer that has been entered into. Prior to the conclusion of a remote agreement, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, prior to the conclusion of a remote agreement, it shall be indicated that the terms and conditions can be viewed at the trader's place of business and will be sent to the consumer free of charge upon request as soon as possible. If a remote agreement is entered into electronically, deviating from the previous paragraph, prior to the conclusion of the remote agreement, the text of these terms and conditions can be made available to the consumer electronically in such a manner that it can easily be saved by the consumer on a durable data carrier. If this is not reasonably possible, prior to the conclusion of a remote agreement, it shall be indicated where the terms and conditions can be accessed electronically and they will be sent to the consumer free of charge either electronically or in another manner upon request. In the event that in addition to these terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply accordingly and in the case of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him. If one or more provisions in these terms and conditions are wholly or partially null and void at any time, the agreement and these terms and conditions shall remain in effect for the rest and the relevant provision will be replaced promptly through mutual agreement with a provision that approaches the original as much as possible. Situations that are not regulated in these terms and conditions shall be evaluated in accordance with the spirit of these terms and conditions. Any ambiguities in the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

Section 4 The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly mentioned in the offer. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a good assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur. All images, specifications and data in the offer are indicative and cannot be a reason for compensation or termination of the agreement. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer. This concerns in particular, the price including taxes, the possible shipping costs, the manner in which the agreement will be concluded and what actions are necessary for this, the applicability or not of the right of withdrawal, the method of payment, delivery and execution of the agreement, the deadline for acceptance of the offer or the deadline within which the entrepreneur guarantees the price, the height of the rate for communication at a distance if the costs of using the technology for communication at a distance are calculated on a different basis than the regular basic rate for the used means of communication, whether the agreement is archived after its conclusion, and if so, in what manner it is accessible for the consumer, the way in which the consumer, prior to concluding the agreement, can check and if desired correct the data provided by him in the context of the agreement, the possible other languages in which, in addition to Dutch, the agreement can be concluded, the codes of conduct to which the entrepreneur has committed and the way in which the consumer can access these codes of conduct electronically and the minimum duration of the distance contract in case of a duration transaction. Optional: available sizes, colors, types of materials.

Section 5 The agreement

The agreement comes into effect, subject to the provisions in Section 4, at the moment the consumer accepts the offer and meets the conditions attached to it. If the consumer accepts the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. Until receipt of this acceptance has been confirmed by the entrepreneur, the consumer may terminate the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will provide a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur may, within legal limits, ascertain whether the consumer can fulfill his payment obligations and all facts and factors that are relevant for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution. The entrepreneur will send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, along with the product or service: the address of the entrepreneur's establishment where the consumer can go with complaints; the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement that the right of withdrawal is excluded; information about guarantees and existing after-sales service; the information contained in Section 4, Section 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration. In the case of a duration transaction, the provision in the previous section only applies to the first delivery. Every agreement is entered into subject to the suspensive condition of sufficient availability of the products in question.

Section 6 Right of Withdrawal

In the purchase of products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur. During the reflection period, the consumer will handle the product and packaging with care. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. However, the consumer waives his or her right of withdrawal if the established return conditions are not met. If the established return conditions are not met, WellYess Cosmetics is not obliged to refund the purchase amount to the consumer's relevant bank account. When the consumer wants to make use of his right of withdrawal, he is required to inform the entrepreneur within 14 days after receipt of the product. The notification must be made by the consumer using the model form or through another communication medium such as email. After the consumer has made it known that he wants to use his right of withdrawal, he must return the product within 14 days. The consumer must prove that the goods were returned in a timely manner, for example by means of proof of shipping. If the customer has not made it known after the expiration of the terms mentioned in paragraphs 2 and 3 that he wants to use his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Section 7 Costs in case of cancellation

If the consumer exercises their right of withdrawal, WellYess Cosmetics shall reimburse the costs of return, provided that the consumer presents clear evidence of the return and WellYess Cosmetics verifies and approves such evidence.

In case the consumer has made a payment, the entrepreneur shall reimburse this amount as soon as possible, but no later than 14 days after the withdrawal, subject to the condition that the product has already been received back by the online retailer or conclusive evidence of a complete return has been submitted. The reimbursement shall be made through the same payment method used by the consumer unless the consumer gives explicit consent for a different payment method.

In the event of damage to the product caused by the consumer's careless handling, the consumer shall be liable for any reduction in value of the product.

The consumer cannot be held liable for a reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done prior to conclusion of the sales agreement.

Section 8 Exclusion of Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly mentioned this in the offer, or in a timely manner before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products which have been produced by the entrepreneur in accordance with the consumer's specifications or which are clearly personal in nature; which by their nature cannot be returned; that can rapidly deteriorate or age; or whose price is dependent on fluctuations in the financial market on which the entrepreneur has no influence; or for single newspapers and magazines; or for audio and video recordings and computer software for which the consumer has broken the seal; or for hygiene products for which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services: concerning accommodation, transportation, restaurants or leisure activities to be performed on a certain date or during a certain period; or the delivery of which has begun with the express consent of the consumer before the period of reflection has expired; or concerning bets and lotteries.

Section 9 Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of changes in VAT rates. In deviation from the previous section, the entrepreneur may offer products or services whose prices are linked to fluctuations on the financial market and over which the entrepreneur has no control, with variable prices. This dependence on fluctuations and the fact that any prices quoted are indicative prices will be mentioned in the offer. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed and: they are the result of legal regulations or provisions; or the consumer has the right to terminate the agreement as of the day on which the price increase takes effect. The prices mentioned in the offer of products or services include VAT. All prices are subject to printing and typing errors. No liability will be accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to supply the product at the incorrect price.

Section 10 Conformity and Guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the entrepreneur based on the agreement. Any defects or incorrect deliveries must be reported in writing to the entrepreneur within 2 months of delivery. Return of the products must be made in the original packaging and in a new condition. The entrepreneur's guarantee period corresponds to the factory guarantee period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual use by the consumer, nor for any advice regarding the use or application of the products. The guarantee does not apply if: the consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties; or the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging; or the inadequacy is wholly or partially the result of regulations imposed by the government.

Section 11 Delivery and performance

The entrepreneur will take the utmost care in receiving and performing orders for products and in assessing requests for the provision of services. The delivery location is the address communicated by the consumer to the company. In accordance with what is stated in paragraph 4 of this Section, the company will execute accepted orders with due dispatch but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed or can only be executed partially, the consumer will receive a message about this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost. The consumer has no right to a compensation. All delivery times are indicative. The consumer cannot derive any rights from any delivery times mentioned. Exceeding a deadline does not give the consumer the right to compensation. In the case of dissolution in accordance with paragraph 3 of this Section, the entrepreneur will repay the amount paid by the consumer as soon as possible but at the latest within 14 days after the dissolution. If delivery of an ordered product turns out to be impossible, the entrepreneur will make efforts to make a replacement item available. Clear and understandable information about a replacement item will be provided when delivering. The right of revocation cannot be excluded for replacement items. The risk of damage and/or loss of products lies with the entrepreneur until delivery to the consumer or a representative previously designated and communicated to the entrepreneur, unless expressly agreed otherwise.

Section 13 Payment

Subject to any agreement to the contrary, the amounts payable by the consumer shall be paid within 7 working days after the start of the reflection period as referred to in Section 6, paragraph 1. In case of an agreement for the provision of a service, this period shall commence after the consumer has received confirmation of the agreement. The consumer has the obligation to promptly notify the entrepreneur of any inaccuracies in the payment information provided or indicated. In case of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.

Section 14 Complaint Resolution

The trader has an adequately published complaint procedure and handles the complaint in accordance with this procedure. Complaints about the execution of the agreement must be submitted to the trader within 2 months after the consumer has discovered the defects, fully and clearly described. Complaints submitted to the trader will be answered within a term of 14 days counted from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the term of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more extensive answer. If the complaint cannot be resolved through mutual agreement, a dispute arises that is eligible for the dispute resolution. In case of complaints, a consumer should first turn to the trader. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr). The complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing. If a complaint is found to be justified by the trader, the trader will, at her choice, either replace or repair the delivered products free of charge.

Section 15 Disputes

The agreements between the trader and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law. This shall apply even if the consumer resides abroad. The Vienna Sales Convention shall not apply.

Section 16 Additional or Deviating Provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Section 17 Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Netherlands.

Section 18 Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 19 Contact information

Questions about the Terms of Service should be sent to us at info@wellyess.nl.