Terms of service

Definitions

  • Company: Melanin Aesthetic, under the license of MAE BV, registered in Rotterdam with Chamber of Commerce number 88082342.
  • Customer: The individual or entity entering into an agreement with Melanin Aesthetic.
  • Parties: Melanin Aesthetic and the Customer collectively.
  • Consumer: A Customer who is a natural person acting for personal purposes.

Applicability of Terms and Conditions

These terms and conditions apply to all offers, quotations, work, orders, agreements, and deliveries of services or products by or on behalf of Melanin Aesthetic. Deviations from these terms are only valid if expressly agreed upon in writing by both parties. The applicability of additional or deviating terms from the Customer or third parties is expressly excluded.

Pricing

All prices listed by Melanin Aesthetic are in euros, inclusive of VAT, and exclusive of any additional costs such as administrative fees, levies, and travel, shipping, or transport costs, unless otherwise stated or agreed. Melanin Aesthetic reserves the right to change its product prices at any time. If unforeseen cost increases occur after the offer or agreement has been established, this may result in a price adjustment. Consumers have the right to cancel the agreement if the price increase is not due to statutory regulations.

Samples and Models

If a Customer receives a sample or model, it is solely intended to indicate the nature of the product. No rights can be derived from it unless expressly agreed that the delivered products will conform to the sample or model.

Payments and Payment Terms – Webshop

Melanin Aesthetic reserves the right to require immediate payment or request security for the total amount of products or services before delivery.

Payments and Payment Terms – Physical Store

Products purchased in-store must be paid for immediately.

Consequences of Late Payment

If the Customer fails to pay within the agreed time frame, Melanin Aesthetic may charge statutory interest of 2% per month for non-commercial transactions from the due date. Additionally, the Customer is liable for extrajudicial collection costs, calculated in accordance with the Dutch Extrajudicial Collection Costs Decree (Besluit vergoeding voor buitengerechtelijke incassokosten). Melanin Aesthetic may suspend its obligations until payment is received. In cases of liquidation, bankruptcy, seizure, or suspension of payments, all amounts owed by the Customer become immediately due.

Right of Reclamation

If the Customer is in default, Melanin Aesthetic may invoke its right of reclamation for unpaid products. Upon notification, the Customer must return the products at their expense unless otherwise agreed.

Right of Withdrawal

Consumers can cancel an online purchase within a 30-day cooling-off period without providing a reason, provided that:

  • The product has not been used.
  • The product is not perishable or custom-made.
  • Hygiene seals (where applicable) remain intact.
  • The product is not a single issue of a magazine or newspaper.

The cooling-off period begins the day after the Consumer receives the final product of their order. The Consumer must notify Melanin Aesthetic via info@melaninaesthetic.eu and return the product within 7 days. Failure to do so voids the right of withdrawal.

Shipping and Return Costs

If a Consumer cancels their order before it has been shipped, any prepaid shipping costs will be refunded within 14 days of cancellation. If the order is returned, return shipping costs are the responsibility of the Consumer.

Retention of Title

Melanin Aesthetic retains ownership of all delivered products until full payment has been made. The Customer may not pledge, sell, or otherwise encumber the products before ownership has transferred.

Delivery

Delivery occurs subject to availability and at the location specified by the Customer unless otherwise agreed. If payment is not received on time, Melanin Aesthetic may suspend its delivery obligations.

Limitation of Liability

Melanin Aesthetic is only liable for direct damage caused by deliberate intent or recklessness. Indirect damage, such as loss of profit or third-party claims, is excluded. Liability is limited to the amount covered by the Company’s insurance or, if unavailable, the invoice amount of the related product or service.

Applicable Law and Jurisdiction

All agreements are governed exclusively by Dutch law. Disputes shall be submitted to the competent court in the district where Melanin Aesthetic is established, unless mandatory legal provisions dictate otherwise.