General Terms and Conditions Xelly Beauty B.V.
Article 1 – Definitions
In these general terms and conditions, the following terms shall have the meanings ascribed to them below:
Entrepreneur:
Xelly Beauty B.V., located at Van Oldenbarneveldtstraat 8h, 1052KA Amsterdam, registered with the Chamber of Commerce under number 98352075, reachable via info@xellybeauty.com.
Customer:
The natural person who is not acting in the exercise of a profession or business and who enters into an agreement with the entrepreneur.
Agreement:
The distance contract concluded via the entrepreneur's webshop.
Article 2 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded via the webshop.
Before the agreement is concluded, the text of these general terms and conditions will be made available to the customer.
By placing an order, the customer declares to agree to these terms and conditions.
Deviations are only valid if explicitly agreed upon in writing.
Article 3 – The offer
The offer contains a complete and accurate description of the products offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Product images are a true representation of the products offered. Color deviations due to screen settings may occur.
All offers are without obligation, unless explicitly stated otherwise.
Article 4 – Conclusion of the agreement
The agreement is concluded at the moment the customer accepts the offer and fulfills the conditions set.
After receiving the order, the entrepreneur will immediately send an electronic confirmation.
The entrepreneur reserves the right to refuse an order or request additional information in case of suspected fraud, abuse, or incorrect data.
Article 5 – Prices and payment
All stated prices include VAT and exclude shipping costs, unless stated otherwise.
Before the agreement is concluded, the total price, including additional costs, will be clearly displayed.
Payment is made via the payment methods offered in the webshop.
The entrepreneur remains the owner of the delivered products until full payment has been made.
Article 6 – Delivery and execution
The entrepreneur will exercise the greatest possible care in processing and executing orders.
Delivery takes place at the address provided by the customer.
The entrepreneur strives to deliver orders within the stated term. If delivery is delayed, the customer will be informed as soon as possible.
If delivery does not take place within 30 days, the customer has the right to dissolve the agreement free of charge, unless a longer delivery period has been expressly agreed upon.
The risk of damage or loss of products transfers to the customer at the moment of delivery.
Article 7 – Right of withdrawal
The customer has the right to dissolve the agreement without giving reasons within 14 days of receiving the product.
To exercise the right of withdrawal, the customer must send an unambiguous statement by e-mail to info@xellybeauty.com within the term.
During the cooling-off period, the customer must handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to assess its nature, characteristics, and functioning.
Cosmetic products of which the seal has been broken or which, for hygienic or health reasons, are not suitable for return, are excluded from the right of withdrawal.
The customer bears the direct costs of returning the product.
Refunds will be made within 14 days of receipt of the withdrawal notification, provided the product has been received back or the customer has demonstrated that the product has been returned.
Article 8 – Legal warranty (conformity)
The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, and the reasonable requirements of soundness and usability.
If a product does not comply with the agreement, the customer must report this within a reasonable time after discovery.
The legal rights of the consumer remain fully applicable.
Article 9 – Liability
The entrepreneur is not liable for damage resulting from incorrect or improper use of the products.
The liability of the entrepreneur is limited to the amount of the purchase of the product concerned, unless there is intent or gross negligence.
Nothing in these terms and conditions excludes liability insofar as this is not permitted by mandatory law.
Article 10 – Complaints procedure
Complaints about the performance of the agreement must be submitted fully and clearly described via info@xellybeauty.com within a reasonable time after discovery.
The entrepreneur strives to respond substantively within 14 days.
If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
The consumer can also use the European ODR platform for online dispute resolution via http://ec.europa.eu/odr.
Article 11 – Intellectual property
All intellectual property rights relating to the webshop and the products offered rest with the entrepreneur or its licensors.
It is not permitted to copy, reproduce, or commercially use content without prior written permission.
Article 12 – Force majeure
The entrepreneur is not obliged to fulfill any obligation if prevented from doing so by force majeure.
Force majeure also includes disruptions at suppliers, carriers, payment providers, internet outages, or government measures.
In case of force majeure, the entrepreneur has the right to suspend or dissolve the agreement without liability for damages.
Article 13 – Applicable law and disputes
All agreements are exclusively governed by Dutch law.
Disputes will be submitted to the competent court in the Netherlands, unless mandatory legal provisions prescribe otherwise.
Article 14 – Amendments
The entrepreneur reserves the right to amend these general terms and conditions. The most current version is always available on the website. For agreements already concluded, the version that applied at the time of the conclusion of the agreement remains applicable.