Terms and Conditions

When you place an order with Meroda cosmetics (“Meroda”, “we”, “us” or “our”) for items sold through this website (“Products”), you confirm that you have read, understood and accepted these Terms and Conditions.

Please review these Terms and Conditions carefully. If any part is unclear or unacceptable to you, contact one of our customer service advisors before submitting an order.

We may update these Terms and Conditions from time to time. The version that applies to your order is the version in effect when that order is placed. If we need to change these Terms and Conditions in a way that materially affects your order, we will give you reasonable advance notice and explain how you may cancel if you do not agree with the change.

Contents overview:

Article 1 - Definitions

The following terms are used in this document:

1. Supplementary agreement: an agreement under which the consumer obtains products, digital content and/or services linked to a distance contract, where those goods, digital content and/or services are supplied by Meroda Cosmetics or by a third party based on an arrangement between that third party and Meroda Cosmetics;
2. Reflection period: the period during which the consumer may exercise the right of withdrawal;
3. Consumer: a natural person who is not acting for purposes connected with a trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data created and supplied in digital form;
6. Continuing performance contract: an agreement for regular supply of goods, services and/or digital content over a certain period;
7. Durable data carrier: any tool, including email, that enables the consumer or entrepreneur to store information addressed personally to them in a way that permits later consultation or use for a period appropriate to the purpose of the information and allows unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer’s option to withdraw from the distance contract within the reflection period;
9. Distance contract: an agreement concluded between Meroda Cosmetics and the consumer as part of an organized system for distance selling of products, digital content and/or services, using one or more distance communication techniques up to and including conclusion of the agreement;
10. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
11. Distance communication technique: any means that can be used to conclude an agreement without the consumer and entrepreneur being physically present together at the same time.

Meroda Cosmetics: the legal entity further identified in Article 2, which offers products, access to digital content and/or services to consumers at a distance under these general terms and conditions.

Article 2 - Identity of Meroda Cosmetics

Name of entrepreneur (statutory name, possibly supplemented by trade name): Meroda Cosmetics

Business address: Bosscheweg 40, 5056KC Berkel-Enschot, The Netherlands

Email address or another electronic communication method with the same functionality as email: merodacosmeticsfoundation@gmail.com

Chamber of Commerce number: 82596131

VAT identification number: NL862532772B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by Meroda Cosmetics and to every distance contract concluded between the entrepreneur and the consumer.
2. Before a distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, Meroda Cosmetics will indicate before the contract is concluded how the terms may be inspected and that they will be sent free of charge as soon as possible at the consumer’s request.
3. If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before conclusion of the contract, be provided electronically in such a way that the consumer can store them easily on a durable data carrier. If this is not reasonably possible, it will be indicated where they can be inspected electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
4. Where specific product or service conditions also apply, the second and third paragraphs apply accordingly. In case of conflicting terms, the consumer may always rely on the provision that is most favorable to them.

Article 4 - Campaign and Promotional Offers

1. Promotional offers apply for a limited period and/or while stock is available, as stated in the relevant communication. Every offer remains subject to availability.
2. Meroda Cosmetics may amend, pause or withdraw a promotion whenever reasonably necessary because of circumstances outside its control, including but not limited to stock issues, technical errors, pricing mistakes or suspected misuse of the promotion.
3. Any change will not affect orders that have already been confirmed by email.
4. Promotions cannot be combined with other offers unless this is expressly stated.
5. If an obvious pricing or technical error occurs, Meroda Cosmetics may cancel or refuse orders placed under that error in accordance with applicable consumer law.

Article 5 - The agreement

1. The agreement is formed, subject to paragraph 4, when the consumer accepts the offer and meets the related conditions.
2. If the consumer accepts the offer electronically, Meroda Cosmetics will promptly confirm electronic receipt of that acceptance. Until Meroda Cosmetics has confirmed receipt, the consumer may dissolve the agreement. After confirmation has been received, the consumer may no longer dissolve or cancel the agreement, but may still use the right of withdrawal described in Article 6.
3. If the agreement is concluded electronically, Meroda Cosmetics will take appropriate technical and organizational measures to protect electronic data transfer and provide a secure web environment. Where electronic payment is available, Meroda Cosmetics will use suitable security measures.
4. Within legal limits, Meroda Cosmetics may investigate whether the consumer can meet payment obligations, as well as facts and factors relevant to responsibly entering into the distance contract. If that investigation gives Meroda Cosmetics good grounds not to conclude the agreement, it may refuse an order or request with reasons, or attach special conditions to performance.
5. No later than delivery of the product, service or digital content, Meroda Cosmetics will provide the consumer, in writing or in a way that can be stored accessibly on a durable data carrier, with the following information:
1. the visiting address of the Meroda Cosmetics location where complaints can be submitted;
2. the conditions and method for exercising the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
3. information about warranties and existing after-sales service;
4. the price including all taxes for the product, service or digital content, any delivery costs where applicable, and the method of payment, delivery or performance of the distance contract;
5. requirements for ending the agreement if it lasts longer than one year or is indefinite;
6. where the consumer has a right of withdrawal, the model withdrawal form.
6. For a long-term transaction, the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

1. The consumer may dissolve an agreement for the purchase of a product within a reflection period of at least 14 (fourteen) days without giving a reason. Meroda Cosmetics may ask for the reason for withdrawal, but may not require the consumer to provide one.
2. The reflection period referred to in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
1. if several products were ordered in one order: the day on which the consumer, or a third party designated by them, received the last product. Meroda Cosmetics may refuse an order for several products with different delivery times if the consumer was clearly informed of this before ordering;
2. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or last part;
3. for agreements involving regular delivery of products during a specific period: the day on which the consumer, or a third party designated by them, received the first product.

For services and digital content not supplied on a physical carrier:

1. The consumer may terminate a service agreement and an agreement for delivery of digital content not supplied on a material carrier for a minimum period of 14 days without giving reasons. Meroda Cosmetics may ask for the reason for withdrawal, but may not make stating that reason mandatory.
2. The reflection period referred to in paragraph 3 begins on the day after the agreement is concluded.

Extended reflection period for products, services and digital content not supplied on a physical carrier where information about the right of withdrawal has not been provided:

1. If Meroda Cosmetics has not supplied the legally required information about the right of withdrawal or the model withdrawal form, the reflection period ends twelve months after the end of the original reflection period determined under the previous paragraphs of this article.
2. If Meroda Cosmetics provides the information referred to in the previous paragraph within twelve months after the original reflection period starts, the reflection period ends 14 days after the day on which the consumer received that information.

Article 7 - Consumer obligations during the reflection period

1. During the reflection period, the consumer must handle the product and its packaging carefully. The consumer may only unpack or use the product as far as necessary to assess the product’s nature, characteristics and functioning.
2. The guiding principle is that the consumer may handle and inspect the product only as they would be allowed to do in a shop. The consumer is liable only for diminished value resulting from handling beyond what is permitted in paragraph 1.
3. The consumer is not liable for diminished value if Meroda Cosmetics did not provide all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercising the right of withdrawal and related costs

1. If the consumer uses the right of withdrawal, this must be reported to Meroda Cosmetics within the reflection period using the model withdrawal form or another clear statement.
2. As soon as possible, and no later than 14 days after the day following the notice referred to in paragraph 1, the consumer must return the product or hand it over to Meroda Cosmetics or an authorized representative. This is not required if Meroda Cosmetics has offered to collect the product. The return deadline is met if the product is sent back before the reflection period has expired.
3. The consumer must return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in line with the reasonable and clear instructions provided by Meroda Cosmetics.
4. The risk and burden of proof for correctly and timely exercising the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If Meroda Cosmetics has not stated that the consumer must bear these costs, or if Meroda Cosmetics states it will bear them, the consumer does not have to pay the return costs.
6. The consumer does not bear costs for full or partial delivery of digital content not supplied on a tangible medium if:
1. before delivery, the consumer did not expressly agree to performance beginning before the end of the reflection period;
2. the consumer did not acknowledge losing the right of withdrawal when giving consent;
3. Meroda Cosmetics failed to confirm this consumer statement.
7. If the consumer exercises the right of withdrawal, all related additional agreements are dissolved by operation of law.

Article 9 - Meroda Cosmetics obligations after withdrawal

1. If Meroda Cosmetics enables the consumer to submit a withdrawal notice electronically, it will immediately send confirmation of receipt after receiving that notice.
2. Meroda Cosmetics will refund all payments made by the consumer, including any delivery costs charged by Meroda Cosmetics for the returned product, without delay and no later than 14 (fourteen) days after the day on which the consumer notifies withdrawal. Unless Meroda Cosmetics offers to collect the product, it may wait to refund until it has received the product or until the consumer shows that the product has been returned, whichever occurs first.
3. Meroda Cosmetics will use the same payment method used by the consumer for the reimbursement, unless the consumer agrees to another method. The refund will be free of charge for the consumer. If the consumer chose a delivery method more expensive than the cheapest standard delivery, Meroda Cosmetics does not need to refund the extra cost of that more expensive method.

Article 10 - Exclusions from the right of withdrawal

1. Meroda Cosmetics may exclude the following products and services from the right of withdrawal only if this exclusion has been clearly stated in the offer and in time before the agreement is concluded.
2. Products or services whose price depends on fluctuations in the financial market beyond Meroda Cosmetics’ control and which may occur during the withdrawal period; agreements concluded at a public auction. A public auction means a sales method where products, digital content and/or services are offered by Meroda Cosmetics to a consumer who is personally present or given the opportunity to be personally present, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services.
3. Service agreements after full performance of the service, but only if:
1. performance began with the consumer’s express prior consent;
2. and the consumer stated that the right of withdrawal would be lost once Meroda Cosmetics had fully performed the agreement.
4. Service agreements for accommodation, where the agreement provides for a specific date or period of performance and is not for residential purposes, goods transport, car rental or catering services.
5. Agreements relating to leisure activities, where the agreement provides for a specific date or period of performance.
6. Products made to consumer specifications, not prefabricated and made based on an individual consumer choice or decision, or clearly intended for a specific person.
7. Products that spoil quickly or have a limited shelf life.
8. Sealed products that are unsuitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery; products that, by their nature, are irrevocably mixed with other products after delivery.
9. Alcoholic beverages whose price was agreed when the agreement was concluded, but which can only be delivered after 30 days, and whose actual value depends on market fluctuations beyond Meroda Cosmetics’ control.
10. Sealed audio or video recordings and computer software whose seal has been broken after delivery; newspapers, periodicals or magazines, except for subscriptions to them.
11. Delivery of digital content other than on a tangible medium, but only if:
1. performance began with the consumer’s express prior consent;
2. and the consumer stated that the right of withdrawal would thereby be lost.

Article 11 - Price

1. During the validity period stated in the offer, prices for the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
2. Contrary to the previous paragraph, Meroda Cosmetics may offer products or services with variable prices where those prices depend on financial market fluctuations beyond its control. This dependence on fluctuations and the fact that any listed prices are target prices will be stated in the offer.
3. Price increases within 3 months after conclusion of the agreement are permitted only when they result from statutory regulations or provisions.
4. Price increases from 3 months after conclusion of the agreement are permitted only if Meroda Cosmetics has stipulated this and:
1. they result from legal regulations or provisions;
2. the consumer may cancel the agreement from the day the price increase takes effect.
5. The prices listed in the offer for products or services include VAT.

Article 12 - Compliance with the agreement and additional guarantee

1. Meroda Cosmetics guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and usability, and legal provisions and/or government regulations existing on the date the agreement is concluded. If agreed, Meroda Cosmetics also guarantees that the product is suitable for uses other than normal use.
2. Any additional guarantee from Meroda Cosmetics, its supplier, manufacturer or importer never limits the legal rights and claims the consumer may assert against Meroda Cosmetics under the agreement if Meroda Cosmetics has failed to fulfill its part of the agreement.
3. An additional guarantee means any obligation of Meroda Cosmetics, its supplier, importer or producer that grants the consumer certain rights or claims beyond what is legally required if it has failed to fulfill its part of the agreement.

Article 13 - Product descriptions

All product descriptions and images displayed on the Website are provided in good faith and are intended as guidance only. Actual Products may differ accordingly.

Product packaging may differ from the packaging shown in images on our website.

Product images on our Website are for illustration only. Although we make every effort to display colours accurately, we cannot guarantee that a device display will show product colours exactly. Products may vary slightly from those images, and Product packaging may vary from what is shown on our Website.

Article 14 - Purchase related policies

We must restrict orders to no more than EIGHT (8) units of any single item per order and per customer where multiple orders are placed within 12 months. We reserve the right to reject, cancel or terminate any order at our discretion without providing a reason.

The Products and services available on the Site and App, as well as any samples we may provide, are for personal use only. You may not sell or resell any Products, services or samples purchased from or otherwise provided by us. Samples are subject to availability. We reserve the right, with or without notice, to cancel or reduce quantities in any orders that we believe, in our sole discretion, may violate these Terms and Conditions.

Article 15 - Delivery and performance

1. Meroda Cosmetics will use the greatest possible care when receiving and carrying out product orders and when assessing requests for services.
2. The delivery location is the address supplied by the consumer to Meroda Cosmetics.
3. With due regard to Article 4 of these general terms and conditions, Meroda Cosmetics will execute accepted orders promptly and no later than 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be carried out or can be carried out only partly, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer may dissolve the agreement without costs and is entitled to any compensation.
4. After dissolution under the previous paragraph, Meroda Cosmetics will immediately refund the amount paid by the consumer.
5. The risk of damage to and/or loss of products remains with Meroda Cosmetics until delivery to the consumer or to a representative designated in advance and made known to Meroda Cosmetics, unless expressly agreed otherwise.

Article 16 - Transaction durations: term, cancellation and renewal

Cancellation:

1. The consumer may terminate at any time an agreement entered into for an indefinite period that involves regular delivery of products or services, observing the agreed cancellation rules and a notice period of no more than one month.
2. The consumer may terminate an agreement entered into for a definite period that involves regular delivery of products or services at any time toward the end of the fixed term, observing the agreed cancellation rules and a notice period of no more than one month.
3. The consumer may use the agreements referred to in the previous paragraphs to:

• cancel at any time without being limited to cancellation at a specific moment or during a specific period;
• terminate at least in the same way as the agreements were entered into by the consumer;
• always cancel with the same notice period as Meroda Cosmetics has set for itself.

Extension:

1. An agreement entered into for a definite period and involving regular delivery of products or services may not be tacitly extended or renewed for another fixed term.
2. Contrary to the previous paragraph, an agreement entered into for a definite period may be tacitly extended for a fixed term of up to three months, if the consumer can cancel the extended agreement toward the end of the extension with a notice period of no more than one month.
3. An agreement entered into for a definite period and involving regular delivery of products or services may be tacitly extended for an indefinite period only if the consumer can cancel at any time with a notice period of no more than one month.

Duration:

1. If an agreement lasts longer than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 17 - Payment

1. Unless otherwise provided in the agreement or additional conditions, amounts owed by the consumer must be paid within 14 (fourteen) days after the reflection period starts, or where there is no reflection period, within 14 (fourteen) days after conclusion of the agreement. For a service agreement, this period begins on the day after the consumer receives confirmation of the agreement.
2. When selling products to consumers, the consumer may never be required under the general terms and conditions to pay more than 50% in advance. If advance payment is agreed, the consumer may not assert rights regarding execution of the relevant order or service before the agreed advance payment has been made.
3. The consumer must immediately report inaccuracies in payment details provided or stated to Meroda Cosmetics.
4. If the consumer does not meet payment obligations on time, after being informed by Meroda Cosmetics of the late payment and after Meroda Cosmetics has granted a 14 (fourteen) day period to still meet those obligations, statutory interest will be owed on the outstanding amount if payment is not made within that 14-day period. Meroda Cosmetics may also charge extrajudicial collection costs. These collection costs amount to a maximum of 15% on outstanding amounts up to € 2,500, 10% on the next € 2,500, and 5% on the next € 5,000, with a minimum of € 40. Meroda Cosmetics may deviate from these amounts and percentages in favor of the consumer.

Article 18 - Complaints procedure

1. Meroda Cosmetics maintains a sufficiently published complaints procedure and handles complaints according to that procedure.
2. Complaints about the performance of the agreement must be submitted to Meroda Cosmetics fully and clearly described within a reasonable time after the consumer discovers the defects.
3. Complaints submitted to Meroda Cosmetics will be answered within 14 (fourteen) days from receipt. If a complaint requires a foreseeably longer handling period, Meroda Cosmetics will respond within 14 (fourteen) days with confirmation of receipt and an indication of when the consumer can expect a more detailed answer.

Article 19 - Disputes

1. Dutch law exclusively applies to agreements between Meroda Cosmetics and the consumer to which these general terms and conditions apply. All disputes arising from the agreement and/or these general terms and conditions will be submitted to the competent court of the district where Meroda Cosmetics has its office.

Article 20 - Additional or differing provisions

Additional or differing provisions from these general terms and conditions may not be to the consumer’s detriment and must be recorded in writing, or in a way that the consumer can store accessibly on a durable data carrier.