General terms and conditions

GENERAL TERMS AND CONDITIONS Improvital Group BV

Article 1 - Definitions

In these terms and conditions the following terms shall have the following meanings:

Supplementary agreement : an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
Reflection period : the period within which the consumer can make use of his right of withdrawal;
Consumer : the natural person who is not acting for purposes relating to his trade, business, craft or profession;
Day : calendar day;
Digital content : data produced and supplied in digital form;
Duration agreement : an agreement aimed at the regular delivery of goods, services and/or digital content over a specific period;
Durable medium : any instrument - including email - that enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purposes of the information and which allows for the unchanged reproduction of the stored information;
Right of withdrawal : the possibility for the consumer to cancel the distance contract within the cooling-off period;
Entrepreneur : the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
Distance contract : an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for the distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or partly use is made of one or more techniques for distance communication;
Model withdrawal form : the European model withdrawal form included in the appendix to these terms and conditions.
Distance communication technology : means that can be used to conclude an agreement without the consumer and the entrepreneur having to be in the same place at the same time.

Article 2 - Identity of the entrepreneur

Improvital Group BV trading under the brand name “Layzin” and/or “Layzinskin.com”, Mariannalaan 29, 7316 DS in Apeldoorn in the Netherlands

info@layzinskin.com

Chamber of Commerce number: 78497752

VAT identification number: NL861426228B01

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between entrepreneur and consumer. These terms and conditions are available at all times on the website.
These conditions can also be read via a link in the order confirmation to the consumer. Or can be sent free of charge at the consumer's request (by e-mail).

Article 4 - The offer

The offer contains a description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within the legal framework, inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The entrepreneur will send the following information to the consumer by e-mail at the latest upon order confirmation of the product, service or digital content :

a. Complaints, tips or questions are only accepted by e-mail. If the entrepreneur wants details, he will contact the consumer. b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; See article 6.
c. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
d. if the consumer has a right of withdrawal, the model withdrawal form.

Article 6 - Returns policy, right of withdrawal and refund

The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of 8 days. However, the products must be unopened, unused and undamaged . The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).

Article 7 - Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only remove the product from the shipping box and leave the foil and/or seal unbroken. In addition, all products must be unused. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is liable for any diminished value of the product resulting from the handling of the product that goes beyond what is permitted in paragraph 1. An entrepreneur may refuse a product upon return and also upon refund.
The consumer can read all policies and conditions on the site at any time before making a purchase.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises his right of withdrawal, he reports this within the cooling-off period by sending an e-mail to info@layzinskin.com and by means of the model withdrawal form (*** RETURN AND REFUND POLICY ) or in another unambiguous manner to the entrepreneur.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product including a fully completed model return form (attachment). This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
The product must be in impeccable condition: foil and seal, quality sticker must not have been opened. See 6.1 and 7.1.
The consumer returns the product, at his own expense and with track and trace code, with all accessories supplied, including products obtained free of charge, in original condition, packaging and shipping box, and in accordance with the clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer. The assessment of whether the products have been returned correctly and intact according to the conditions lies solely with the entrepreneur.
The consumer bears the direct costs, with track and trace code, of returning the product.
If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal

The entrepreneur will reimburse the payments made by the consumer within 14 days, following the day on which the consumer reports the withdrawal and receives the withdrawal form. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever is earlier. The consumer must be able to demonstrate via track and trace that he has returned the package to the correct return address.
The entrepreneur uses the same payment method for reimbursement that the consumer used. The reimbursement is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
Service agreements, after full performance of the service, but only if:
a. the performance has begun with the consumer's express prior consent; and
b. the consumer has declared that he will lose his right of withdrawal once the entrepreneur has fully performed the agreement;
Products manufactured to consumer specifications which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer or which are clearly intended for a specific person;
Products that spoil quickly or have a (limited) shelf life;
-> Sealed, foiled and set/bundle-packed products which are not suitable for return for reasons of health protection or hygiene and of which the seal/foil or bundle has been broken after delivery (even if the customer replaces this seal);
Products which, after delivery, are by their nature irreversibly mixed with other products;
The supply of digital content other than on a tangible medium, but only if:
a. the performance has begun with the consumer's express prior consent; and
b. the consumer has declared that he thereby loses his right of withdrawal.

Article 11 - The price

Entrepreneur may apply price changes as a result of changes in VAT rates.
The entrepreneur may adjust products or services whose prices are subject to fluctuations (over which the entrepreneur has no influence) more often per year.
The prices stated in the offer of products or services include VAT.

Article 12 - Compliance with the agreement

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement was concluded.

Article 13 - Delivery and execution

The entrepreneur will exercise due care when executing orders for products.
The place of delivery is the address that the consumer has made known to the entrepreneur.
An order can only be cancelled free of charge if, at the time of notification of cancellation, the order has not yet been handed over to the postal company. In the event that the package has been sent, the customer must return the package at his own expense and with track and trace . Consumer must have read the refund policy and details in advance and comply with them.

Article 15 - Payment

Purchases and payments made through the website must be completed before the ordered products are shipped.
The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay. Delays in delivery that have occurred due to incorrectly provided information or incorrectly entered e-mail address can never be attributed to the entrepreneur.
If the consumer does not meet his payment obligation(s) on time, he will owe the statutory interest on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. 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. The entrepreneur may deviate from the stated amounts and percentages to the advantage of the consumer/salons.

Article 16 - Complaints procedure

The entrepreneur has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur in writing or by e-mail immediately after the consumer has received and unpacked the products and has discovered the defects, fully and clearly described, supplemented with clear photos. Date and time stated.
Complaints submitted to the entrepreneur will be answered within 10 working days after receipt of the e-mail.
The consumer must give the entrepreneur at least 8 weeks to resolve the complaint by mutual agreement.

Article 17 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law .

ADDITIONAL PROVISIONS LAYZIN / layzinskin.com

Article 19 – Return of unopened and opened products

If a consumer, salon/reseller wishes to return an unopened Layzin product, this is possible provided that the provisions of Articles 6, 7, 8, 9 and 10 are complied with.

Article 20 – Intellectual property rights

This website and everything on this website, including but not limited to images, texts, photos, designs, icons and illustrations, with the exception of anything that is already protected under an existing copyright or other intellectual property right, is the property of Layzin and/or its owners or (business) partners.

Prior written permission from Layzin is required if you wish to reproduce, publish, modify, upload, send (by post), distribute or otherwise make public anything from this website. The trademarks and logos used and displayed on this site are trademarks of Layzin and others. Nothing on this site should be seen or construed as granting, by implication or otherwise, a license or right to use any trademark from or displayed on this site without the prior written permission of the owner of that trademark.

Users may view and/or download materials from this site solely for personal, non-commercial, private use.

Layzin will use all legal means to protect its intellectual property rights. All rights not explicitly granted to third parties in these terms and conditions are expressly reserved to Layzin.

Article 21 - Disclaimer for information and/or recommendations

The purpose of this site is to present the author's ideas and opinions on the marketing, selling and use of cosmetics. The author's sole purpose is to provide information to consumers and make recommendations regarding the purchase of skin care products.

The information and recommendations presented here are solely a reflection of the author's opinion, ideas and knowledge on the subject and the products mentioned. Some people may be very successful using a product that is not recommended or even listed on this site, or may be very satisfied with a skin care routine that Layzin has advised against. Everyone has the inalienable right to evaluate products according to their own personal criteria and to disagree with the author.

More importantly, since everyone’s skin can and likely will react to external stimuli at some point, any product can cause a negative reaction in the skin at some point. If you become hypersensitive to a product, discontinue use immediately and consult a physician. If you need medical advice for your skin, consult a physician or dermatologist. Layzin cannot be held liable for disappointing results.

Article 22 - Disclaimer of warranties

In addition to the provisions of Article 12, the contents of this site are provided "as is" and without any warranty, either express or implied. The products sold through this site are sold "as is" and without any warranty, express or implied, other than as set forth in Article 12, paragraph 1.

Guarantees are excluded in the broadest sense permitted under the law. Layzin does not guarantee or declare that the content of the site, whether written by Layzin and/or third parties, is accurate or reliable, or that the site is free of errors or viruses, or that access to and use of the site will not be interrupted and is secure at all times. You are aware that guarantees given on products of a third party that may be described on the site (for example in the context of reviews of products of third parties), are made solely and exclusively by that party and not by Layzin.

If you are dissatisfied with the site or products, the only thing you can do about it is not to use the site and products (anymore). By using the site you acknowledge that you do so at your own risk.

Layzin shall not be liable for any direct, indirect, incidental or other form or kind of damage, including all forms of consequential damage, regardless of whether a claim for damages is based on contract, tort or any other basis of liability whatsoever, with respect to the site, its content or the products described or sold thereon, even if Layzin has been advised of the possibility of such damage. An exception to the foregoing is formed by damage that is the direct result of intent or gross negligence on the part of Layzin. Layzin's liability is in all cases limited to the amount paid by the user for the relevant purchase of products sold on the site or, in the case of a subscription service, the possible amount paid by the user to be able to use that service for a period of one year.

Article 23 - No consent

In certain cases, the site displays the opinions (reviews) of users of the site. The mere fact that these opinions are displayed on the site does not imply that Layzin agrees with or endorses such opinions.

Article 24 - Void Where Prohibited

Although the Site is accessible worldwide, not all products described or sold on it are available to everyone or in all geographic areas or jurisdictions. Layzin offers and sells its products only to residents of the Netherlands, Belgium and Germany (and future countries in the EU) and only ships orders to addresses within the Netherlands, Belgium and Germany (and future countries in the EU).

Layzin reserves the right to limit the availability of the Site and/or the provision of any product and/or the quantity thereof to any person, geographic area or jurisdiction for any reason. Any offer for any product made on this Site is void where unauthorized. Use of this Site is unauthorized in any jurisdiction where (1) the entire purport of these Terms and Conditions is invalid or (2) the Site or any portion thereof violates any applicable law.

Article 25 – Code of Conduct

You agree:

not to restrict or inhibit other users from using this site and its services;
not to transmit any unlawful, fraudulent, threatening, abusive, defamatory, obscene or otherwise objectionable or harmful information or material or any information or material that could encourage or constitute a criminal offence or give rise to liability or otherwise violate any law;
not to transmit any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component;
not to transmit any material that infringes the intellectual property rights of any third party;
not to use this site for commercial or illegal purposes;
not to modify, adapt, resell, translate, sell, reverse engineer, disassemble or reassemble anything on this site.

Article 26 - Indemnification

You agree to indemnify and hold Layzin harmless from and against any claims, damages and expenses (including all reasonable attorneys’ fees incurred in any arbitration, lawsuit or appeal) resulting, directly or indirectly, from your breach of any provision of these Terms and Conditions (including breach of the Code of Conduct) and/or resulting from any other activities you undertake or have undertaken in connection with this Site or the products discussed, offered or sold on it. This section shall survive termination, for any reason, of any agreement to which these Terms and Conditions apply and also after termination of your use of this Site.

Article 27 - Purchases

If you wish to purchase products offered on this site, you may be asked to supply certain information, including but not limited to your credit card or other payment information. Such information will be treated as confidential by Layzin. You warrant that all information you supply is accurate, complete and current. You agree to pay all charges incurred by users of your account, credit card or other payment methods, and to pay the prices in effect at the time you purchase the products. You are also responsible for paying any taxes and duties (other than VAT) that may apply to your purchase. The prices on the site are in Euros and include VAT.

Article 28 - Letters, questions, comments and assessments

You acknowledge and agree that by sending Layzin your questions, comments and/or product reviews (of Layzin products or products of other brands), in writing or by e-mail, you grant Layzin irrevocable permission to use, display, reproduce, publish, transmit, modify, adapt, distribute, translate and transmit them (in whole or in part) worldwide, free of charge, at any time and without exception, and/or to incorporate them as part of other works, in any form, medium or technology now known or hereafter developed, for the entire term of any copyright that may exist in the material. You further represent and warrant that by sending material to Layzin, you have the authority and right to grant and transfer such rights and that the material you send does not violate any rights of any third party, including but not limited to copyright, trademark or any other intellectual property right or any right to protection of privacy and personal life.

Article 29 - Use of passwords

Use of any password protected portion of the Site is restricted to the individual authorized and given a password to log into such portion of the Site (the "Authorized Party"). The password is non-transferable and the Authorized Party is responsible for any and all damages of any nature that Layzin may suffer as a result of the (intentional or unintentional) distribution or disclosure of his or her password.

Article 30 - Amendments

Layzin has the right at any time to (1) change these Terms and Conditions, (2) change the Site, change prices, including removing or discontinuing any content or aspect of the Site, changing the hours the Site is available, limiting how often it may be used, and (3) change (subscription) fees for use of this Site, including establishing new or additional fees for use of the Site or related services or aspects. These Terms and Conditions may be amended at any time by Layzin by posting the amended terms on the Site. Continued use of the Site after we have posted these changes means that you agree to these changes.

LAYZIN RETURN & REFUND POLICY

Cancel order on the day of order
If an order has been placed and the consumer wishes to cancel it free of charge , this is only possible on the day of the order by e-mail and if the package has not yet been handed over to the postal company.
Or if the order has not yet been prepared for shipping. If cancellation has not been made in time, and the order has been shipped, the consumer must return the package at his own expense (with track & trace).
Returns address: Layzin, Returns Department, Mariannalaan 29, 7316 DS in Apeldoorn .
-> The return package will be carefully assessed and checked (see *) before Layzin proceeds to refund.
The consumer's delivery address
If you place an order for an address that is not open in the evenings or weekends (for example an office address), the package cannot be delivered. Therefore, please take into account the address you provide where you want to receive the order.
Order not received
All orders are shipped with a track and trace code so that the package can be tracked. If the tracking information confirms that the package has been delivered to the specified address but the consumer states that they have not received the order, the consumer can contact the carrier/delivery service directly. Upon request, Layzin can contact them to investigate this issue.
Layzin cannot be held liable for packages where the tracking information indicates that the package has been delivered to the shipping address.
Order received damaged
Layzin products are carefully packaged. All products contain a box with a sleeve, seal, foil and/or sticker. Did you receive a damaged box? And do you suspect that the contents are damaged? Please report this immediately, within 24 hours, via info@layzinskin.com and take multiple photos/videos of the order.

The contents of the shipping box may not be damaged. If the contents are damaged, the consumer must prove this with your photos and/or videos.

Below are the instructions:

d1 - Photo of unopened shipping box: from the entire exterior of the package, the shipping label and any damage to the exterior should be clearly visible. The information on the label should be clearly legible.
d2 - Photo of opened box: taken from the top. The contents and the inner packaging should be clearly visible.
d3 - The damage to the article itself (if applicable). Our products are packed in a box with a sleeve, seal, foil and/or sticker . These must be intact and unopened.
d4 - And a detailed photo of the concrete damage to the product. We will use this information and the photos to start an investigation with our shipper. Please keep the entire order and packaging until the investigation is completed.

Consumer returns
After receiving the order, the consumer has a 14-day reflection period (Distance Selling Act). The consumer must inform the entrepreneur about the return within that period. The consumer then has another 14 days to return unopened, unused and undamaged products to us.
Return shipping is at the customer's own responsibility and expense .
-> The return package will be carefully assessed and checked (see returns and refund conditions *) before Layzin proceeds to refund.

Please note: The return shipment must be sent with track and trace.

*The return shipment must arrive at Layzin completely intact , so please use the same shipping box to return the products and keep the proof of shipment.
Send the track & trace code to: info@layzinskin.com

If the return shipment is lost at or by the shipping company, it is the consumer's responsibility to arrange this with that shipping company, and unfortunately we cannot refund the items.

Returns will be processed within 14 days of receipt by Layzin.
Layzin will inspect the returned products and refund the amount paid via the payment method used by the consumer.
The entrepreneur will only refund the amounts of unopened, unused and undamaged returned products, this at the discretion of Layzin.

Should the consumer wish to exchange a product for another product, we recommend that the replacement product be ordered via the site itself to avoid mistakes. And the other product be returned in the above-mentioned manner at your own expense.

* Opened and/or used products
Opened and/or used products will not be taken back and are not eligible for a refund . Not even if the consumer thinks that the product does not work or does not work sufficiently. Or because the consumer does not like the product, for whatever reason. Layzin cannot guarantee that the same results will be achieved for every customer.

Hygiene & safety is important to Layzin and its customers, which is why Layzin is very strict about checking whether products have been used.

If Layzin determines that products have been opened or used before they have been returned, the product in question will not be reimbursed. The consumer can then choose to have the refused product sent again at his or her own expense.

* All returned products are carefully assessed for use and any damage. All returned products must arrive at Layzin in their original packaging and unused/intact (if there is a plastic hygiene seal or seal sticker around the product and this is broken, the product can no longer be returned).
Returns Policy
1. The consumer must inform Layzin within 14 days by return form and by e-mail that he/she wishes to return the item.

This can be done via email: info@layzinskin.com.
2. Return form must be completed in full and included in suitable packaging material or in the same shipping box.
3. Products must be returned in their original and undamaged packaging.

LAYZIN
To the Returns Department
Mariannalaan 29
7316 DS Apeldoorn

Please note: Shipments that are returned to Layzin damaged, or of which the foil/seal or seal has been opened, will not be refunded or exchanged and no refund will be made.

Additional conditions for returns

i1. Products and samples received free of charge must be returned when returning a complete order.
i2. Any products received free of charge that no longer meet the conditions for 'free' after returning part of an order must also be returned.
i3. In the absence of the free products, we will deduct the economic value of these items from the amount to be refunded.
i4. The costs for returning and possibly resending products are for the account of the consumer in accordance with the Distance Selling Act.
i5. Ensure sufficient postage. Insufficiently or unfranked shipments and shipments without a sender will be refused by us and/or not reimbursed.

Layzin will only reimburse return costs in the event of a demonstrable error made by the Layzin team.

Refund after return
Within 10 working days after receipt of return, we will refund the purchase amount to the same account that was used to purchase the product. It is not possible to provide us with a different account number.

General Terms and Conditions