Terms and Conditions

General terms and conditions Lively Essentials

Email: info@lively-essentials.com
Website: www.lively-essentials.com



Article - Definitions

  1. Lively Essentials: Lively Essentials, located in Beverwijk, Chamber of Commerce number 86731432.

  2. Customer: the person with whom Lively Essentials has entered into an agreement.

  3. Parties: Lively Essentials and Customer together.

  4. Consumer: a Customer who is also an individual and who acts as a private person.

Article - Applicability

  1. These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Lively Essentials.

  2. Lively Essentials and the Customer can only deviate from these conditions if this has been agreed in writing.

  3. Lively Essentials and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or others.

Article - Prices

  1. Lively Essentials uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.

  2. Lively Essentials may always change the prices of its services and products on its website and in other communications.

  3. Increases in the cost prices of products or parts thereof, which Lively Essentials could not have foreseen at the time of making the offer or concluding the agreement, may give rise to price increases.

  4. The consumer is not entitled to cancel an agreement due to a price increase in paragraph 3, unless the increase is the result of a legal regulation.

  5. 5. The prices stated in the offer of products or services include VAT.

Article - Samples and models

  1. If the Customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless it has been agreed in writing that the products to be delivered correspond to the sample or model.

Article - Payments and payment term

  1. Lively Essentials may require a down payment of up to 50% of the agreed amount when entering into the agreement.

  2. The Customer must make a subsequent payment after delivery.

  3. The payment terms used by Lively Essentials are strict payment terms. This means that if the Customer has not paid the agreed amount no later than the last day of the payment term, he is automatically in default and in default, without Lively Essentials having to send the Customer a reminder or give notice of default.

  4. Lively Essentials may make delivery subject to immediate payment or require security for the total amount of the services or products.

Article - Right of complaint

  1. If the Customer is in default, Lively Essentials may invoke the right of recovery with regard to the unpaid products delivered to the Customer.

  2. Lively Essentials exercises its right of recovery by means of a written or electronic communication to the Customer.

  3. As soon as the Customer has been informed of the invoked right of recovery, the Customer must immediately return the products in question to Lively Essentials, unless otherwise agreed in writing.

  4. The Customer pays the costs for retrieving or returning the products in paragraph 3.

Article - Right of withdrawal

  1. A consumer may cancel an online purchase within 14 days of purchase without giving any reason. This right of withdrawal does not apply when:
  • the product has been used
  • it is a product that can spoil quickly, such as food or flowers
  • it is a product that has been tailor-made or adapted especially for the consumer
  • it is a product that cannot be returned for hygienic reasons, such as underwear or swimwear
  • the seal is not intact.
  • the product or service concerns accommodation, a trip, a restaurant business, transport, a catering assignment or a form of leisure activity
  • the product is a separate magazine or newspaper
  • the consumer has waived his right of withdrawal

  1. The reflection period of 14 days in paragraph 1 starts:

    • on the day after the consumer has received the last product or part of 1 order

    • as soon as the consumer has confirmed that he will purchase digital content via the internet

  2. The consumer can use his cooling-off period by sending an email with that subject to info@lively-essentials.com, possibly using the withdrawal form available on the Lively Essentials website, www.lively-essentials.com.

  3. The consumer must return the product to Lively Essentials within 14 days after communicating his right of withdrawal, failing which his right of withdrawal will lapse.

Article - Reimbursement of delivery costs

  1. If the consumer has revoked his purchase on time and has returned the complete order to Lively Essentials on time, Lively Essentials will refund any shipping costs paid by the consumer to the consumer within 14 days of receipt of the fully returned order on time.
  2. The costs for delivery will only be borne by Lively Essentials if the entire order is returned.

Article - Reimbursement of return costs

  1. If the consumer invokes his right of withdrawal and returns the entire order on time, the Customer will pay the costs.

Article - Reimbursement of return costs

  1. If the consumer invokes his right of withdrawal and returns the entire order on time, the Customer will pay the costs.

Article - Right of suspension

  1. Unless the Customer is a consumer, he hereby waives the right to suspend the performance of any obligation arising from this agreement.

Article - Right of retention

  1. Lively Essentials may exercise its right of retention and in that case retain the Customer's products until the Customer has paid all outstanding Lively Essentials invoices, unless the Customer has provided sufficient security for those costs.

  2. The right of retention also applies under previous agreements as a result of which the Customer still has to pay money to Lively Essentials.

  3. Lively Essentials is not liable for any damage the Customer suffers due to the use of his right of retention.

Article - Settlement

  1. Unless the Customer is a consumer, he waives his right to offset a debt to Lively Essentials against a claim against Lively Essentials.

Article - Retention of title

  1. Lively Essentials remains the owner of all delivered products until the Customer has paid all outstanding invoices from Lively Essentials relating to an underlying agreement, including claims due to failure to comply.

  2. Until that time in paragraph 1, Lively Essentials can exercise its retention of title and take back the goods.

  3. Before ownership has been transferred to the Customer, the Customer may not pledge, sell, dispose of or otherwise encumber the products.

  4. If Lively Essentials makes use of its retention of title, the agreement will be canceled and Lively Essentials may claim damages, lost profits and interest from the Customer.

Article - Delivery

  1. Delivery takes place while stocks last.

  2. Delivery takes place at Lively Essentials, unless otherwise agreed.

  3. Delivery of products ordered online takes place at the address specified by the Customer.

  4. If the Customer does not pay the agreed amounts or does not pay them on time, Lively Essentials may suspend its obligations until the Customer pays.

  5. In the event of late payment, there is a creditor's default, as a result of which the Customer cannot object to Lively Essentials for late delivery.

Article - Delivery time

  1. Lively Essentials delivery times are indicative. If delivery is made later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.

  2. The delivery time starts when the Customer has fully completed the ordering process and has received confirmation from Lively Essentials.

  3. The Customer will not receive any compensation and may not cancel the agreement if Lively Essentials delivers later than agreed. The Customer may cancel the agreement if this has been agreed in writing or if Lively Essentials cannot deliver within 14 days, after being notified in writing or if the Customer and Lively Essentials have agreed otherwise.

Article - Actual delivery

  1. The Customer must ensure that the actual delivery of his ordered products can take place on time.

Article - Transport costs

  1. The Customer pays the costs for transport, unless the Customer and Lively Essentials have agreed otherwise in writing.

Article - Packaging and shipping

  1. If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before receiving the product. If the Customer does not do this, he cannot hold Lively Essentials liable for any damage.

  2. If the Customer arranges the transport of a product himself, he must report any visible damage to products or packaging to Lively Essentials prior to transport. If the Customer does not do this, he cannot hold Lively Essentials liable for any damage.

Article - Custody

  1. If the Customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.

  2. Any additional costs resulting from premature or late purchase of products will be entirely borne by the Customer.

Article - Warranty

  1. The warranty on products only applies to defects caused by defective manufacturing or construction or defective materials.
  2. The warranty does not apply:
    - in case of normal wear and tear
    - for damage caused by accidents
    - for damage caused by changes made to the product
    - for damage due to negligence or improper use by the Customer
    - when the cause of the defect cannot be clearly determined
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the Customer at the time when they are legally and/or actually delivered, or at least come under the control of the Customer or of a third party. third party who receives the product on behalf of the Customer.

Article - Indemnity

  1. The Customer indemnifies Lively Essentials against all claims from others related to the products and/or services supplied by Lively Essentials.

Article - Complaints

  1. The Customer must examine a product or service provided by Lively Essentials as quickly as possible for any shortcomings.

  2. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform Lively Essentials thereof within 1 month after determining the shortcoming.

  3. A consumer must inform Lively Essentials of this within 2 months after discovering the shortcoming.

  4. The Customer provides as detailed a description as possible of the shortcoming, so that Lively Essentials can respond appropriately.

  5. The Customer must demonstrate that the complaint relates to an agreement between the Customer and Lively Essentials.

  6. If a complaint concerns ongoing work, the Customer cannot demand that Lively Essentials perform other work than agreed.

Article - Notice of default

  1. The Customer must notify Lively Essentials of any notice of default in writing.

  2. The Customer is responsible for ensuring that his notice of default actually reaches Lively Essentials on time.

Article - Customer Liability

  1. When Lively Essentials enters into an agreement with multiple Customers, each of them is jointly and severally liable for complying with the agreements in that agreement.

Article - Lively Essentials Liability

  1. Lively Essentials is only liable for damage suffered by the Customer when that damage is caused by intent or deliberate recklessness.

  2. If Lively Essentials is liable for damage, this only applies to direct damage related to the execution of an underlying agreement.

  3. Lively Essentials is not liable for indirect damage, such as consequential damage, lost profits or damage to third parties.

  4. If Lively Essentials is liable, this liability is limited to the amount paid out by a (professional) liability insurance policy. If no insurance has been taken out or no damage amount is paid out, liability is limited to (part of the) invoice amount to which the liability relates.

  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are indicative only and cannot lead to any compensation, dissolution or suspension.

Article - Expiry period

  1. Any right of the Customer to compensation from Lively Essentials expires 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Article - Dissolution

  1. The Customer may cancel the agreement if Lively Essentials attributably fails to fulfill its obligations, unless this failure does not justify termination due to its special nature or minor significance.

  2. If the fulfillment of the obligations by Lively Essentials is still possible, dissolution can only take place after Lively Essentials is in default.

  3. Lively Essentials may cancel the agreement with the Customer if the Customer does not fully or timely fulfill its obligations under the agreement, or when Lively Essentials has become aware of circumstances that give it good grounds to assume that the Customer has fulfilled its obligations. will not comply.

Article - Force majeure

  1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of Lively Essentials by the Customer cannot be attributed to Lively Essentials in the event of force majeure.

  2. The force majeure situation in paragraph 1 also includes:
    - a state of emergency such as a civil war or natural disaster
    - breach of contract or force majeure of suppliers, deliverers or others
    - power, electricity, internet, computer or telecom disruptions
    - computer viruses
    - strikes
    - government measures
    - transport problems
    - bad weather conditions
    - work stoppages

  3. If a force majeure situation occurs as a result of which Lively Essentials cannot fulfill 1 or more obligations to the Customer, those obligations will be suspended until Lively Essentials can fulfill them.

  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both the Customer and Lively Essentials may cancel the agreement in whole or in part in writing.

  5. Lively Essentials does not have to pay compensation to the Customer in a force majeure situation, even if Lively Essentials benefits from this.

Article - Changes to agreement

  1. If it is necessary to change a concluded agreement for its implementation, the Customer and Lively Essentials can adjust the agreement.

Article - Changes to general terms and conditions

  1. Lively Essentials may change these general terms and conditions.

  2. Lively Essentials may always make changes of minor importance.

  3. Lively Essentials will discuss major changes with the Customer in advance as much as possible.

  4. A consumer may terminate the underlying agreement in the event of a major change to the general terms and conditions.

Article - Transfer of rights

  1. The Customer cannot transfer any rights under an agreement with Lively Essentials to others without written permission from Lively Essentials.

  2. This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.

Article - Consequences of nullity or voidability

  1. If 1 or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.

  2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Lively Essentials had in mind when drawing up the terms and conditions.

Article - Applicable law and competent court

  1. Dutch law applies to these general terms and conditions and any underlying agreement between the Customer and Lively Essentials.

  2. The judge in the district where Lively Essentials has its registered office has exclusive jurisdiction to hear any disputes between the Customer and Lively Essentials, unless the law provides otherwise.

Article 35 - Disclaimer for information and/or recommendations

The purpose of this site is to express 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 makeup and skin care products. The information and recommendations presented here reflect solely the author's opinions, ideas and knowledge of the subject matter and products mentioned. Some people may use a product not recommended or even mentioned on this site with great success, or be very satisfied with a skin care routine that has been discouraged. Everyone has the inalienable right to judge products according to her or his 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 skin reaction at some point. If you become hypersensitive to a certain product, stop taking it immediately and go to the doctor. If you need medical advice for your skin, see a doctor or dermatologist.


Prepared on June 6, 2024.