Terms of Sale

MCOBEAUTY – TERMS OF SALE (THE NETHERLANDS)

Welcome to MCoBeauty! We sell cosmetics, beauty and fragrance products.

MCoBeauty is a trading name of, and this website (Site) is operated by, VidaCorp Netherlands B.V., a company registered in the Netherlands, with company registration number 96704942, and having our registered office at Schiphol Boulevard 359, 1118 BJ Schiphol (we, our or us).

These Terms of Sale (Terms) are between us and you, the person placing an order for our products (Products) through the Site.

CONTACT DETAILS

VidaCorp Netherlands B.V., a company established in the Netherlands. Our company registration number is 96704942.
Geographical address: Schiphol Boulevard 359, 1118 BJ Schiphol
Phone number: (+31) 020 7423 1101
Email address: info@eu.mcobeauty.com

USE OF THE SITE

These Terms and our Terms Of Use  apply to all orders you place via the Site.

Please read the Terms and the Terms of Use carefully before you submit any order using our Site. All personal data that you provide to us will be processed in accordance with our privacy policy. You can find our privacy policy here. 

You must not place an order for Products through the Site unless you have the right to enter into agreements, which means you must be at least 18 years old and not under guardianship, i.e. competent to perform juridical acts (in Dutch: handelingsbekwaam).

Please understand that these Terms are only applicable to consumers, meaning that you are a person who is not acting in the course of a profession or business. For business, commercial, or self-employed activities these Terms do not apply. Furthermore, you cannot place an order through our website for business, commercial, or self-employed activities.

ACCOUNTS

You may purchase the Products from us without an account, or you may choose to create an account with us, which allows you to review your order history, save your wish list and leave reviews for the Products you purchase. Further information about creating and using accounts on our Site can be found in our Terms of Use.

You must ensure that any personal data and contact details you give to us when creating an account are accurate and up-to-date, including but not limited to a valid email address and delivery address ("Delivery Address"). The contact details are required to fulfil your order. We are not responsible for any loss you may suffer as a result of giving us the wrong contact details – for example, if an order is lost because you have given us the wrong address.

It is your responsibility to keep your account details confidential. We are responsible for any loss you may suffer as a result of our negligence or wrongdoing, but otherwise you are responsible for all activity on your account, including purchases made by anyone who has access to your account details.

ORDERS

By placing an order on our Site, the Products are ordered for the price listed at the time you place your order including any delivery fees or other applicable charges and taxes calculated at checkout.

It is your responsibility to check the order details, including selected Products, delivery details and price, before you submit your order through the Site.

When you place an order by clicking ["Pay Now"], you make an irrevocable offer to purchase the Products in the shopping cart of the Site in accordance with these Terms. Depending on your chosen payment method, further steps may be required to complete your payment. A placed order on the Site will not constitute a binding agreement until this irrevocable offer is accepted by us.

All orders placed through the Site are subject to our acceptance and availability. We do our best to keep Products in stock and to keep the Site up to date with the availability of Products.

After receiving your order, we will provide you with an automatic order confirmation email, which will include an order number, the delivery and billing addresses, the chosen delivery option, a description of what was ordered, the identity of the seller and the total price of the Products, including all taxes and the payment method.

This does not constitute acceptance of your order. Your order is only accepted when we email you a dispatch notification to confirm that we have sent the Products. At that point, a binding agreement is formed for the supply of Products to you in accordance with these Terms.

Our prices may vary over time due to promotional events or other factors. The Site contains a large number of Products, and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. If that happens, we will contact you to confirm the price, and you will have the choice of completing your purchase at the correct price or cancelling your order. We will rectify any such errors as soon as possible once we become aware of them.

We may choose not to accept your order for any reason, and as a consequence, we will not be liable to you or to anyone else in those circumstances.

We may cancel your order, at any time before despatch, for any reason. This includes where:

• there is a considerable delay in dispatching your order;
• for any reason we cannot supply the Products you order (for example for an event beyond our reasonable control);
• if the Products ordered were subject to an error on our Site (for example they were out of stock or in relation to a description, price or image); or
• if there is a problem with authorisation of your method of payment.

In such case, we will contact you by email using the details you provided when placing your order and refund the applicable amounts paid upfront by you to us.

PRICE AND PAYMENTS

You must pay us the purchase price of each Product you order, plus any applicable delivery costs, as set out on the Site (the Price) in accordance with this clause. Unless otherwise expressly set out on the Site, all amounts are stated in Euros, and are inclusive of value added tax (VAT).

Prices for our products are subject to change without notice, but changes will not affect orders submitted by you, prior to the change.

When placing an order, you must pay the Price using one of the methods set out on the Site. The payment methods we offer are set out on the Site. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor/s.

In consideration of your payment of the Price, we will provide the Products in accordance with these Terms and all applicable laws. At checkout on the Site, the total Price for your purchase will be displayed.

We may offer payment through a third-party processor or a third-party buy-now-pay-later provider, for example, Afterpay or Klarna. You acknowledge and agree that we have no control over the actions of the third-party processor/provider, and your use of any third-party payment method may be subject to additional terms and conditions between you and the relevant third-party processor/provider.

Where you order the Products for delivery outside of the Netherlands, you may need to pay custom charges, import duties or taxes in addition to the Price, which may be imposed by the destination country or any intermediary countries through which the Products may transit (Additional Charges). In that case, we will add these Additional Charges to the Price. The Additional Charges will be displayed at checkout on the Site, as part of the total Price. If it is not possible for us to reasonably calculate the Additional Charges in advance, we will communicate to you no later than at the checkout on the Site that such additional charges may be due.

PRODUCTS

We make every effort to display as accurately as possible the colours, images, specifications, and details of the Products available on our Site. However, we cannot guarantee that your device's display of any colour, texture, or detail of the product will be accurate. Your Product may vary slightly from those images. The packaging of the Product may also vary from that shown on images on our website.

Complaints and Feedback: We are always seeking to improve our services and Products. If you have any feedback or a complaint, please notify us using our Contact Details above, via webform in [Contact Us], or reach out to us on live chat.

PROMOTIONS AND GIFT CARDS

Promotions: We may, from time to time, issue promotional discount codes for certain Products on the Site. To claim the discount, you must enter the valid promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

eGift cards: eGift cards issued by us can be used to purchase Products on the Site. eGift cards are valid for 2 years from the date of purchase.

• eGift cards cannot be redeemed for cash, resold, or used to purchase additional eGift cards.
• Any unused balance will remain on the eGift card and can be applied to future purchases during the card validity period.
• If your purchase exceeds the amount on your eGift card, you must pay the difference in amount using another payment method.
• Where you receive a refund for any Products purchased using an eGift card, your refund will be made to the original eGift card.
• We recommend that you retain your eGift card in the event that you wish to seek a refund of any Products purchased using an eGift card.
• We are not responsible for eGift cards that are lost, stolen, or damaged while in your possession, or for unauthorised use of eGift cards (except where caused by our negligence or other wrongdoing).

Please treat your eGift card like cash and keep it secure.

Birthday/Promotional Vouchers: We may also offer Birthday/Promotional Vouchers which have separate set validity periods and are subject to additional terms and conditions as specified on or provided with the Birthday/Promotional Voucher.

DELIVERY

We will deliver the Products to the Delivery Address you provide when making your order. Before you place your order, you will see the delivery options available for the Delivery Address you provided. We currently deliver to the areas set out in our Shipping Policy. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area, please contact us to discuss delivery options.

We normally dispatch Products within 48 hours of receiving an order, unless otherwise noted on the Site. However, dispatch timeframes are an estimate only and may be affected during sales periods. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery carrier. If our supply of the Products is delayed, then we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay. We are not responsible for delays caused by events outside our control, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not yet received.

If you need to change the delivery day or Delivery Address, you may do so via the Site within 30 minutes of placing your order. After this time, it may not be possible to make any changes to your order, including any changes to the delivery day or Delivery Address.

We deliver the Products using a range of delivery methods, as set out on the Site. You may need to sign for some deliveries. If neither you nor your authorised representative is at the Delivery Address to accept delivery, you agree that we may leave the Products at your premises at a safe place specified by you, or the carrier may leave you a card and you can rearrange delivery or collect it from them. Please check your tracking on the carrier’s website for more information.

Responsibility/risk of loss for the Products will pass to you, and legal delivery is completed when you have received the Products, except where you have arranged for delivery of the Products by a carrier (not named as an option by us) yourself, in which case, risk in the Products will pass to you at the moment of receipt of the Product by the carrier. We are not responsible for the loss, damage or destruction of Products after they have been delivered.

RETURNS

Change of mind returns

You have 14 days to change your mind and submit a return request for the Products (in Dutch: "de wettelijke bedenktijd"). The 14 days starts:

• the day on which you (or someone you nominate and who is not the carrier) has received the Products;
• the day on which you (or someone you nominate and who is not the carrier) has received the last Product, if you ordered multiple Products in one order that delivered separately;
• the day on which you (or someone you nominate and who is not the carrier) has received the last shipment or the last part if the delivery of a Product consists of various shipments or parts;
• the day on which you (or someone you nominate and who is not the carrier) has received the first Product in the case of an agreement for the regular delivery of items over a certain period.

We only offer change of mind returns for Products purchased via our Site. If you have purchased any Products via our retail partners (whether in store or via their online store), any returns will need to be made to the relevant retail partner in accordance with their returns policy. Any Products returned to us that were purchased from our retail partners will be sent back to you, at your cost.

Where you decide to cancel an order after the Products have been dispatched, you will be under a duty to return them to us or the relevant third party supplier (as applicable), at your own risk. We will not be responsible for any loss or damage to the Products in transit.

When you don't have the right to return the Products for a change of mind

We do not accept returns for change of mind if any Products sealed for health protection or hygiene purposes have been unsealed after you receive them.

How to request a return

If you want to request a change of mind return, you should firstly check that your Product is eligible for a return (as set out above). If the Product is eligible for a return, reach out to our Customer Care team who will facilitate the return and provide you a label to affix to the parcel of items being returned. You can do this by replying to your Order Confirmation, using the Contact Us form or let us know by any other clear and unambiguous statement.

You must send the Products back to us within 14 days of submitting your returns request.

Deductions from your refund

We may make a deduction from any refund due to you if you have damaged the Products that are being returned, or if the Products have been handled in a manner that goes beyond what might reasonably be allowed in a shop.

When your refund will be made

Provided that all return conditions have been met, we will make any refunds due to you as soon as possible (including the refund of standard delivery costs you paid when you placed your order, but not for any upgraded or express delivery costs), and in any event within 14 days from the day on which we receive your notice of termination. The refund will be issued to the original payment method, unless you have expressly agreed to a different payment method, provided that you do not incur any costs as a result.

If you cancel your order before an agreement has been concluded, we will refund all sums paid (including any standard delivery costs) within 14 days of such cancellation.

Product Faults

According to applicable consumer protection laws, all products must be free from defects, which means they must meet the sales agreement, be fit for the intended purpose, and perform as well as other products of the same type.

For any item that is found to be defective, depending on the item, the defect in question, and your request, we will offer to repair or replace the item with a new one. If this is impossible or would entail disproportionately high costs, we will offer you a price reduction or refund, depending on your preference.

LIMITS ON AND EXCLUSIONS FROM OUR LIABILITY

Nothing in these Terms limits in any way our liability for death or personal injury caused by our failure to take reasonable care, or for any other liability that cannot, under Dutch law, be excluded.

Subject to the above:

• We are not responsible for any damage to Products which is caused by your failure to follow any advice we give you to keep Products safe (including any instructions or product manuals provided with the Products);
• We only supply the Products for domestic and private use to consumers. Where you use the Products for any commercial, business or re-sale purpose, we will have no liability to you for liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity;
• A Party’s responsibility under these Terms, and the amount of any compensation they have to pay for loss or damage to the other, will be reduced in proportion to the extent the loss or damage was caused by the acts or omissions of the Party suffering the loss, including by its failure to take steps that it could reasonably have taken to reduce the loss or damage.

DISCLAIMERS

Any information contained on the Site and in any materials provided with our Products is provided for general information purposes only and does not take into account your personal circumstances. This information is not intended to be advice or as a substitute for professional medical advice. Our Products are not intended to diagnose, treat, cure, or prevent any disease or condition. If you have an existing health condition, we recommend you consult a medical professional before using our products.

INTELLECTUAL PROPERTY

All intellectual property rights in relation to our Site and any content on the Site are governed by our Terms Of Use.

All intellectual property rights (including copyright, trademark rights, trade name rights, design rights, database rights, domain names, trade secret rights, know-how and any other sui generis rights including any applications and rights to applications, renewals, divisionals or continuations) developed, adapted, modified or created by us or our personnel (including in connection with our brand and the Products) (hereinafter referred to as: Our Intellectual Property) will at all times vest, or remain vested, in us.

We grant you a limited, personal, non-exclusive, non-transferable and revocable license to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.

You must not use Our Intellectual Property for any commercial purposes, including (but not limited to), advertising your own business, resale, or any other (preparation for) revenue generation activity.

Except with our prior written consent, you must not:

• Copy (in whole or in part), reproduce, retransmit, distribute, disseminate, (offer to) sell, make available, publish, broadcast, circulate, modify, apply for, register, or create derivative works from any of Our Intellectual Property;
• Make Our Intellectual Property available to any third party; or
• Breach any intellectual property rights connected with the Site, our brand or the Products.

Nothing in this clause restricts your ability to publish, post or repost Our Intellectual Property on your personal social media page or blog for non-commercial purposes, provided that:

• You do not claim ownership of Our Intellectual Property;
• Unless explicitly agreed by us in writing, you do not suggest or imply that you are endorsed or approved by us;
• You do not damage or take advantage of our reputation, including in any illegal, unfair, misleading or deceptive manner; and
• You comply with all other terms of these Terms.
• You comply with all other terms of these Terms.

All rights in Our Intellectual Property not expressly granted to you under these Terms are reserved by us. Our failure to enforce any of our rights under this clause does not constitute a waiver of those rights. This clause survives termination or expiry of these Terms.

REVIEWS

We welcome and encourage customers to leave reviews of our Products. Our Terms of Use govern the submission of reviews:

GENERAL

Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to using our Site, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect when you placed your order.

Transferring this Agreement:: You cannot transfer your rights or responsibilities under these Terms to anyone else without our permission. We may transfer our rights or responsibilities to another company in our group (like a parent or related company) but we will make sure your rights are protected.

Governing law: These Terms are governed by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods, adopted on April 11, 1980 and entered into force on January 1, 1991, is excluded.