These Terms and Conditions (the "Terms") set forth the legally binding rules for your use of services and features on the site owned and controlled by Pick N Dazzle B.V. (www.pickndazzle.com) (the "Site") including any related services, features, content, apps or widgets offered, or any purchases you make via the Site. Please read the Terms carefully - you will be requested to explicitly accept them as a condition of making a purchase. Your access and use of the Site will be subject to the version of the terms and conditions posted at the time of use.
If you have any queries related to the Terms as well as any issues during the ordering process you can contact our customer service team through the contact form on the site http://pickndazzle.com/contact, where e-mail and telephone per market can be found. Customer service can be reached by e-mails at any time, for telephone inquiries the working hours are from Monday to Friday from 10 am to 5 pm local time.
We reserve the right to revise the Terms. The date of the latest update is found above. We will inform you of any changes to the Terms we may make and may ask you to accept these.
TERMS AND CONDITIONS
These Terms together with your order if you buy a product, and other documents referred herein, form an agreement between Pick N Dazzle B.V., a company entered in the Commercial Registry in Netherlands with registration number 60701161, VAT registration number NL854022569B01(“Pick N Dazzle”, “we”, “us”) and you ("you", the "Customer").
Further details of Pick N Dazzle are set out below:
|Geographic address||Herengracht 282, Amsterdam 1016 BX, Netherlands|
|Contact details||Herengracht 282, Amsterdam 1016 BX, Netherlands
+40 747 419 549 for Romania
+359 888 807 266 International
These Terms and any other terms and policies incorporated herein by reference (collectively the "Policies") constitute the entire agreement between you and us pertaining to the subject matter and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written.
You represent and warrant that you are eighteen years of age or older, or if you are under the age of eighteen you are accessing the Site with the knowledge and consent of your parent or legal guardian.
“Products” are the various cosmetics and accessories which we source from trusted brands, group in packs of 4 and deliver to you in accordance with your profile and preferences as submitted to you on the site (the “Picks”).
We offer you, free of charge our service (the “Curation Service” or the “Service”), where we select for you Products and brands with claims that best suit your Beauty Profile. The Curation Service is provided on the base of computer algorithms and aided by experts’ advice.
We offer the possibility for you to choose type of Picks [Brands] and a period within which you want to receive your Picks (the “Service Period”). The Service Period means that we will ship to you each calendar month your Picks as well as, from time to time, samples Products and variants as may be selected by us and according to the preferences you have submitted to us under the Site (your “Beauty Profile”).
The Service is available for periods of 1, 3 or 6 months. You may choose the term that suits you best. Depending on the duration of the Service we may offer you different payment terms.
To select a Service Period you will be requested to submit a form with personal information.
The Service will be valid only for the territory of the country of your residence as evident by the delivery address that you enter in your order (the “Territory”)
You can cancel your Service at any time by selecting the option “Cancel Service” on the Site. Due to our forwarding arrangement cancellation is however not possible during the 10 days immediately prior to the monthly shipment of your Picks. You can however always return any Products you don’t want to us in accordance with these Terms.
If you subscribe under the Site (and thus become a “Customer”) you are responsible for choosing a secure password which shall contain at least 6 characters, for maintaining the confidentiality of your account and password and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur using your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
PLACING AN ORDER FOR SERVICE
You may place an order for Curation Service from the Site by selecting type of Picks and length of the Service. The placing of the Service order is considered to be an offer made by you to us to buy Products, which are selected by us in the Picks.
Service ordering is open at any time during the day save for certain limited unavailability of the Site.
A Service order shall be considered placed when the following steps have been completed:
Once your Service order is placed and payment has been accepted as may be requested for the chosen Service, an order confirmation will be sent to you by e-mail at which point the Service order will come into existence. We may refuse to accept your order without stating a reason for such rejection. We will refund in full any payment you have already made. In addition to the order confirmation you will receive a packing list with your Products. The packing list provides summary of the Products shipped to you. It also contains important information about your rights as a consumer including your right to return Products.
Service orders completed and paid cannot be cancelled, save for the rights of return and cancellation as applicable and described in these Terms.
The Site may occasionally, and for limited periods of time, not be available due to maintenance or for various technical reasons. We will not be responsible for such unavailability failures and will reject any claims based on, are related to such unavailability.
After your Service has been activated you don’t need to take action, unless you decide to cancel it – we will continue to deliver your Picks to you under the conditions accepted by you upon Service order.
PRICES AND PAYMENT
Except where noted otherwise, the prices of the Service displayed on the Site represent the full retail price for the Picks at the moment the Service order is placed. All prices are indicated in local currency and are inclusive of VAT. We reserve the right to change the prices at any time and in our sole discretion but any change to the prices of the Picks you select before placing your order will not form part of the contract between us unless you and we expressly agree that it will.
The prices include the costs of transport, delivery and any other fees and charges except the ones that are clearly indicated as being additional charges to the price during the ordering process and that may vary depending on the delivery method and/ or other options chosen by you.
The monthly payments for your Service may differ depending on the payment method you have chosen (the “Payment Plan/-s”). The exact Payment Plan applicable for each payment method is explained in more detail on the Site.
If you are in possession of a special offer coupon or a link with offer or discount and you have activated it by submitting its code or activating the link as indicated on the Site we will deduct the value of this from the price.
Payments can be made by credit card. Most major payment cards are accepted. Normally the credit card you are using is not charged until after your order is ready to be shipped. We also accept cash on delivery. If you are using a payment method operated by the third party provider you will be subject to this provider’s specific terms and conditions.
For the safety of online payments made with a card, all payment information is encrypted. This means that all data sent between you and us are sent via a secure connection. As we work with authorized payment service providers you may expect that credit card information is handled properly and in accordance with the international payment card industry data security standards.
Unless you inform us otherwise by e-mail we will expect all payments during the Service Period to be made using the payment method you have chosen when subscribing.
DELIVERY AND TRANSFER OF RISK
Picks can be delivered only in the Territory. Delivery will be made to the address indicated to us unless you agree otherwise. We will process and deliver your first Picks within 7 days after your Service order. Further deliveries will be made on the same day of every following month for the duration of your Service. We shall not be liable for delays in delivery caused by circumstances beyond our control.
The risk of loss of Products and title to the Products in the Picks will pass to you upon their delivery.
We will not be responsible for non-delivery, wrong or late delivery of an order caused by the provision by you of incorrect or incomplete personal data and address.
We will continue sending you your Picks according to the delivery method initially chosen by you unless you inform us otherwise.
CONFORMITY OF OUR PRODUCTS
We warrant that the Products in our Picks comply with the applicable cosmetics and sanitary regulations and have been manufactured according to the standards of the brand owner. You can find more about the brands we offer in our Picks as well as about the Products in each Pick on www.pickndazzle.com/brands.
RIGHTS OF RETURN AND REFUND
You may return any Product(s) without giving any reason at any time during the period of the Service. You may return Products even after you have received the confirmation of them been despatched by but no later than 14 working days from the day you have received physical possession of the Products or the last of the Products if there is more than one. Working days means that Saturdays, Sundays and public holidays are not included in this period.
To exercise your right to cancel please contact our Customer Service team (details above). You can use the model form in order to notify us about your cancellation. If you complete this form online and submit it through our website we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation your cancellation is effective from the date you contacted us.
You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the refund for loss in value of any Product(s) supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Product(s) resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product(s).
We will process the refund due to you as soon as possible and, in any case, within (a) fourteen (14) calendar days after the day we receive back from you any Products, or (b) if earlier, 14 calendar days after the day you provide evidence that you have returned the Products or (c) if no Products were supplied, 14 calendar days after the day on which you gave us notice of cancellation. If you returned the Products to us because they were faulty or not adequately described, we will refund the price of such Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
We refund you on the credit, debit card or other means used by you to pay, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.
If the Products were delivered to you you must return the Products to us without undue delay and in any event not later than 14 days after the day on which you cancel the order/contract. The deadline is met if you send back the Products before the period of 14 days has expired. Uunless the Products are faulty or not as described you will be responsible for the direct cost of returning the Products to us. You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
Details of your legal right to cancel and an explanation of how to exercise it including the model cancellation form are provided on the packing list which you will receive together with your Products.
If you are registered as a Customer you can always cancel a particular delivery according to the rules under these Terms.
TRADEMARKS AND COPYRIGHT
For the purposes of this clause "Content" means software or digital code, scripts, text, artworks, photographs, graphics, logos, button icons, still or moving images, video and audio clips and data compilations text, images, and all other forms of data or communication. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "Pick N Dazzle Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than Pick N Dazzle or its users, which is made available in connection with the service and which we may, or may not be affiliated with. "Site Content" means all of the Content that is made available in connection with the service, including User Content, Third Party Content and Pick N Dazzle Content.
We own the Pick N Dazzle Content including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Pick N Dazzle Content, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Pick N Dazzle Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided here in, we do not grant you any express or implied rights and all rights in and to the Pick N Dazzle Content are retained by us.
Content not owned by us has been duly licensed to us by these owners and is protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties.
We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. If you post any Content on the Site (“Your Content”) we will have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
All content included in, or made available through the Site including, but not limited to software or digital code, scripts, text, artworks, photographs, graphics, logos, button icons, still or moving images, video and audio clips and data compilations (the “Content”) is the property of Pick N Dazzle, its Content suppliers or other respective owners who may or may not be affiliated with, connected to, or sponsored by Pick N Dazzle. Unless expressly permitted in writing by us, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Content. Nothing contained in these Terms or on the Site should be construed as granting, by implication or otherwise, any license or right to use any Content in any manner without the prior written consent of us or of such third party that may own the Content or intellectual property displayed on the Site.
Any use of the Content other than as permitted in these Terms will constitute a breach of the Terms and may also constitute copyright and/ or design right and/or patent infringement. You agree not to use the Content for any unlawful purposes and not to breach our rights or the rights of others. You agree not to interfere (or permit the use of your registration by a third party to interfere) with the normal processes or use of the Site by other parties, including without limitation by attempting to access administrative areas of the Site.
CANCELLATION OF YOUR SERVICE; MODIFICATION
We may terminate your Service with immediate effect by notice in any of the following circumstances:
You can at any time and at your sole discretion stop using the Site.
We reserve the right to modify or discontinue this Site, or any portion thereof without notice to you or any third party.
ERRORS AND CORRECTIONS
While we use reasonable efforts to include accurate and current information on the Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of Products and services, and shall have no liability for such errors. We may also make improvements and/ or changes to the Site's features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact our customer service team.
We may provide links to third party websites or resources. Our provision of such links is not an endorsement of any information, Product or service reached through such link. We are not responsible for the Content or performance of any portion of the Internet including other websites to which the Site may be linked for or that can be accessed by the Site. You are requested to inform us of any errors or inappropriate material found on websites to which this Site is or may be linked.
COMPLAINT HANDLING AND DISPUTES
Any complaints, questions and requests can be made to our Customer Services at email@example.com or contact us on the telephone numbers indicated at the beginning of the Terms.
We shall aim at resolving any disputes related to the Products, the Site and your purchases from us by means of amicable negotiation rather than in court. In case we cannot find an acceptable solution you and we can bring the matter to the courts of your country of residence.
APPLICABLE LAW AND JURISDICTION
These Terms shall be governed by the law of the Territory. Should the law of the Territory not be applicable for whatever reason, Dutch law will apply.
We are not responsible for blocking by administrators of mail servers transmitting the messages or notifications to your e-mail address or for removing or blocking of e-mails by software installed on your computer.
Each of the clauses in these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
Unless you opt otherwise we may send you alerts, notifications, e-mail, direct mail and generally communicate with you. You can update your preferences for marketing communications from us at any time through the unsubscribe function at the bottom of the e-mails.
By accepting these Terms you agree that we will send you any other information/ communications regarding your purchase orders on durable medium other than paper (i.e. via e-mail or any other means addressed personally to you that allow you to store the information in a way accessible for future reference for a long enough period and that also allows you the unchanged reproduction of such information).
The period for any notice given under these Terms shall start on the date that the notice is posted by registered post. If notice is given by any other means, the notice period shall start running on the day of receipt of the notice. This does not apply to informing us of returns – the time period for returns runs from the date you inform us that you wish to return the Product.
If you have any concerns about the Site or these Terms please send us an e-mail to firstname.lastname@example.org or call us using the contact details specifiedearlier in these Terms. We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention.