TERMS & CONDITIONS
Seller: B Company Ltd.
Name: Moerie Beauty
Adress: Inc 2035 Sunset Lake Road, Suite B-2 Newark, 19702, New Castle, USA
Available: Monday - Friday, 08:30 to 17:30 C.E.T.
Buyer: a natural person who is 18 years of age or older who is not acting within the context of practicing a profession or conducting a business when connecting to the Website, with whom the Seller concludes an Agreement as defined below.
Order: an order placed by the Buyer in accordance with the procedure described in article 2.1 for the delivery of one or more Products.
Product: a Moérie hair product that the Seller offers for sale on the Website.
Purchase Price: the price indicated on the Website for a Product, including the VAT and shipping costs.
Agreement: the Order, which the Seller has accepted as such, as well as the documents mentioned in article 2.4 of this document.
ARTICLE 1. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
1.1 These General Terms and Conditions (hereinafter the General Terms and Conditions) which have been made available to the Buyer on www.Moerie.com, Orders, Agreements and other legal relationships between the Buyer and the Seller with respect to the purchase and sale of one or more Products on the Website.
ARTICLE 2. CONCLUSION AND CONTENT OF THE AGREEMENT
2.1 An Agreement will be concluded by the Buyer and the Seller exclusively by means of the Seller's acceptance of an Order (the offer) from the Buyer that has been placed on the Website in the following manner:
• The Buyer has selected the desired product and has added the Product to his/her shopping basket.
• The Buyer has followed and completed the following steps:
Step 1: The Buyer has notified his/her address details and, if the delivery address is not the same as the invoice address, the required delivery address.
Step 2: the Buyer has checked the details and the price of the Order and has been able to make any corrections to the Order.
Step 3: the Buyer has confirmed the Order and has expressly accepted these General Terms and Conditions of Sale.
Step 4: The Buyer has selected the desired payment method and has made payment for the Order.
• The Order has been placed.
• The Buyer will receive a confirmation of the Order that has been placed, by electronic means (via the Website).
If the Order has been accepted by the Seller, the Seller will send the Buyer a confirmation, by e-mail, as soon as possible after the Order has been placed.
2.2 The Seller will be entitled to reject the Order placed by the Buyer in the following cases, among others: - If the information provided by the Buyer is incorrect and/or incomplete, or if the Seller is reasonably entitled to assume that this is the case. - If the Buyer has already failed to comply with his/her payment obligations towards the Seller in the past; The Seller will notify the Buyer as quickly as possible if an Order is not accepted.
2.3 The Seller will keep the Agreement on file and retain it for a certain term (a minimum of ten years
ARTICLE 3. DELIVERY METHOD AND DELIVERY DATES
3.1 Shipment will be made using a carrier designated by the Seller.
3.2 After the Order has been placed, the Seller will deliver the Products as soon as possible, and at the most within 30 (thirty) business days from the time when the Seller processes the Order, to the address stated by the Buyer, on condition that the Seller has received the full purchase price during this time.
3.3. The Seller may not deliver the Products or may retain the Products if full payment for the corresponding Order has not been made before the delivery.
3.4 If delivery is delayed or if the Order cannot be executed or is only partially executed, the Buyer will be notified within the same time of 14 (fourteen) days following placement of the Order. In the event of failure to deliver one or more Products within 7 (seven) days starting from the date foreseen by the Seller, where failure is not due to a situation of force majeure, the Buyer will have the opportunity to terminate his/her Order by registered letter with confirmation of receipt within 60 (sixty) days starting from the delivery date indicated. The Seller will notify the Buyer within 14 (fourteen) days in the event of failure to deliver the Product(s) because they are unavailable. The Buyer will be able to claim back repayment of the Order from the Seller. The Seller will make this repayment within 30 (thirty) days starting from payment of the Order by the Buyer.
3.5 The risk with respect to any damage to or loss of the Products will be transferred to the Buyer from the time when the Products are delivered to the Buyer's address.
ARTICLE 4. PRICE AND PAYMENT
4.1 The Purchase Prices indicated on the Website are denominated in USD and are including the Sales tax or Value Added Tax (VAT). Purchase Prices do not include shipping costs for the Products and these will be added to the total amount due from the Buyer based on the Order. The total Purchase Price for the Products and the shipping costs will be notified at the time of placement and confirmation of the Order.
4.2 The Seller is entitled to adjust the prices indicated on the Website at any time without any notice being required. The prices indicated at the time when the Order is placed will be deemed to be the prices that apply to the Agreement.
4.3 The Purchase Price will be paid in accordance with the payment arrangements indicated on the Website.
4.4 The Buyer is obliged to notify the Seller immediately regarding any errors in the payment details that the Buyer has provided to the Seller.
ARTICLE 5. RIGHT OF WITHDRAWAL
5.1 The Buyer is entitled to return the Product(s) that have been delivered within a term of 14 days after the Product(s) have been received, without stating his/her reason for doing so, The Product(s) must be returned in the manner indicated by the Seller on the Website, provided that the Product(s) are undamaged and (insofar as possible) are in the original and unopened/undamaged packaging.
5.2 In the case referred to in the preceding subsection, the Seller will refund the Purchase Price excluding shipping costs which will be borne by the Buyer, as quickly as possible, but in any event within 30 days after the Agreement has been terminated, from the date the Seller receives the Buyer's request to exercise his/her right of withdrawal, provided that the Product has been returned to the Seller.
ARTICLE 6. COMPLAINTS
6.1 The contact details of the Seller and of the third parties that the Seller has engaged to handle complaints can be found on the Website.
6.2 The Buyer is obliged to inspect the Product(s) when they have been delivered and to notify the Seller within 48 hours in the event that there are any visible defects in the Product(s). Such complaints must be submitted in writing and must be fully and clearly substantiated.
6.3 The Seller will respond to any complaints that it receives within a term of 14 (fourteen) days after receipt. The Seller will notify the Buyer within a term of 14 days in the event that it is foreseeable that the complaint will require a longer term to be processed, stating the term within which the Buyer can expect to receive an answer.
6.4 The Buyer will fully cooperate in the event that the Seller recalls a Product. The Buyer will notify the Seller within 14 days in the event that the Buyer suspects that a Product has a safety defect. The Product will be recalled at the Seller’s discretion.
ARTICLE 7. INTELLECTUAL PROPERTY
7.1 Any and all marks, product names, logos, models and designs (referred to below as the IP Rights) that are depicted on or affixed to the Products or indirectly related to the Products are the property of the Seller or one or more of the Moérie hair group companies. The Buyer acknowledges the Seller's proprietary rights in respect of the IP Rights and will refrain from use, reproduction, modification or adaptation of the IP Rights in any way, and any conduct that could harm those IP Rights.
7.2 The Seller refers to the General Terms and Conditions for Use of the Internet Site with regard to the intellectual property rights in respect of the Website.
ARTICLE 8. RISK AND PROPERTY
8.1 The Buyer will bear the risk to the Products after they have been delivered. Title to the Products is only transferred when the Seller has received full payment of all sums due relating to the Order.
ARTICLE 9. WARRANTY AND LIABILITY
9.1 Subject to the provisions of the law, the Seller is not liable for any indirect or consequential damage that the Buyer sustains in connection with the execution of the Agreement.
9.2 The Seller undertakes either to reimburse the Buyer for the price of the Products, or to exchange the Product(s) with identical Product(s) depending on available stocks, or to exchange the Product(s) with Product(s) of the equivalent quality and price depending on available stocks, in the event of delivery of non-compliant Product(s) or in the event of delivery of Product(s) with a hidden defect.
9.3 The Seller refers to the General Terms and Conditions for Use of the internet site with regard to its liability in respect of the Website and its use.
ARTICLE 10. PERSONAL DATA
11.1 You do not have to submit anything to us, but if you choose to submit any user content to our site, or a Moerie/MoerieBeauty hashtag or social page, it will be deemed non-proprietary and non-confidential. By posting to our sites, you grant to us, our parent, affiliates and or related entities the right to use your social media handle, moniker, name and/or your photographs(s), upload, video, comment, testimonial, likeness and other submissions in addition to those you have tagged with using hashtag ("#") associated with our brands or a brand-campaign hashtag ("your post") in perpetuity and for any brand marketing, advertising and promotional purposes, including but not limited to on our sites, in social media, on third party retail sites featuring our products. You grant us and our designees the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sub licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform, or display such user content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties.
ARTICLE 12. APPLICABLE LAW AND COMPETENT COURTS
12.1 The Agreement between the Buyer and the Seller is governed by Dutch law.
ARTICLE 13. NULLITY
13.1 In the event that any provision contained in these General Terms and Conditions is declared invalid, the remaining provisions contained in these Terms and Conditions will nonetheless remain in effect.
ARTICLE 14. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
14.1 The Seller is entitled to amend these General Terms and Conditions at any time. The most recent version of the General Terms and Conditions will be placed on the Website. The Buyer shall accept these General Terms and Conditions to be able to complete the Order. If the Buyer is unable to consult the General Terms and Conditions on the Website the Seller will, upon request, send the Buyer a copy of the most recent version of the General Terms and Conditions by e-mail.
ARTICLE 15. TEXT MARKETING AND NOTIFICATIONS:
15.1 By entering your phone number in the checkout and initialising a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 15 a month. You acknowledge that consent is not a condition for any purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you with in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.
For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt out please follow the procedures above.
16 TEXT MARKETING TERMS AND CONDITIONS:
16.1 We are using a text messaging platform, which is subject to the following terms and conditions. By opting-in for our text marketing and notifications in, you agree to these terms and conditions.
By entering your phone number in the checkout and initialising a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. You acknowledge that consent is not a condition for any purchase.
16.2 Your phone number, name and purchase information will be shared with our SMS platform “SMSBump Inc, an European Union company with office at Sofia, Bulgaria, EU. This data will be used for sending you targeted marketing messages and notifications. Upon sending the text messages, your phone number will be passed to a text messages operator to fulfill their delivery.
16.3 If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you with in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.
For any questions please text “HELP” to the number you received the messages from. You can also contact us for more information. If you wish to opt out please follow the procedures above.
Subscription Terms of Service
When you purchase any eligible subscription, you will be able to select how often you would like your product(s) delivered. Moerie Beauty reserves the right to change subscription benefits at any time in its sole discretion, including discount amounts and eligibility used to determine discount amounts. All changes will apply to future orders, including for current subscriptions.
Some of the offer details may change as you receive deliveries over time (for example, price, taxes, availability, shipping charges. If the item is unavailable when we plan to ship it, you authorize us to fulfill your order with a similar item that we believe will meet your expectations.
SUBSCRIPTION vs PURCHASE
There is a special discount offer for the first purchase in case subscription method is selected. Subscription only begins after the first subscription charge that occurs selected interval later.
NOTIFICATIONS; AUTOMATIC ORDER CREATION
When you order an eligible product and enroll in a subscription, you will receive notice that your subscription has been created and that your first order will be processed. Your subscription will thereafter automatically create a new order according to your chosen delivery schedule, until you cancel. Prior to the processing of each subsequent order, you will receive a notice including your estimated ship date, last date to modify your order, and estimated pricing.
We may, in our sole discretion, terminate your subscriptions at any time without notice. If we do so, you will only be charged for orders that have been shipped to you. You will be able to cancel your subscription only after the first recurring charge was made and you have received your second order email confirmation.
PRICING; PAYMENT; RENEWAL
The amount charged for an eligible product will be the price of that item on our site at the time your order is processed or lower. The total cost charged to your payment method for each subscription order will be the price of the item, less any subscription discount, plus any applicable shipping charges and sales tax. Any credit balances on your Moerie Beauty moerie.com customer account may be applied toward the balance of your order before charging any remaining balance to your payment method.
The charge for each subscribed item will be billed to the payment method used to create your subscription or as otherwise directed by you. If we are unable to complete your order with the payment method you used to create your subscription, you authorize us to update your subscription with another payment method in your account and to charge the payment method for your order.
Your subscription will remain in effect until it is cancelled. You can cancel at any time after the first subscription charge is made via Manage Subscription, which can be found in your Account.
Please note, that the first purchase with discount does not count as subscription charge, but only as purchase with enrolment to future subscription charges.
We may, in our sole discretion, change these Terms, (including all applicable terms, conditions, limitations and requirements on the Moerie Beautyofbeauty.com website), without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED PARTICIPATION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTIONS.