Terms of service

Terms and Conditions L'OYÉ Cosmetics B.V.

Private Company L'OYÉ Cosmetics (hereinafter: L'OYÉ Cosmetics) is registered with the Chamber of Commerce under number 88782328 and is located at Looyenbeemd 12 (5652BH) Eindhoven.

Article 1 - Terms.

In these general terms and conditions the following terms are used in the following sense unless expressly indicated otherwise:
Offer: Any written offer to Buyer to supply Products by Seller to which these terms and conditions are inextricably linked.
Company: The natural or legal person acting in the course of a profession or business.
Consumer: The natural person not acting in the exercise of a profession or business.
Buyer: The Company or Consumer who enters into an Agreement (at a distance) with Seller.
Agreement: The sales (distance) agreement for the sale and delivery of Products purchased by Buyer from L'OYÉ Cosmetics.
Products: The Products manufactured by L'OYÉ Cosmetics offered are cosmetics, perfume and related products.
Vendor: The provider of Products to Buyer, hereinafter: L'OYÉ Cosmetics.

Article 2 - Applicability.

These general terms and conditions apply to all Offers of L'OYÉ Cosmetics and every Agreement between L'OYÉ Cosmetics and a Buyer and on any Product supplied by L'OYÉ Cosmetics offered.
Prior to the conclusion of an Agreement (at a distance), the Buyer will be provided with these general terms and conditions. If this is not reasonably possible, the L'OYÉ Cosmetics indicate to the Buyer how the Buyer can inspect the general terms and conditions, which can in any case be found on the website of L'OYÉ Cosmetics. L'OYÉ Cosmetics are published, so that Buyer can easily save these general terms and conditions on a durable data carrier.
In exceptional situations these general terms and conditions may be deviated from if explicitly agreed upon in writing with L'OYÉ Cosmetics is agreed upon.
These general terms and conditions also apply to additional, amended and follow-up agreements with Buyer. Any general and/or purchase conditions of Buyer are expressly rejected.
If one or more provisions of these general terms and conditions are partially or entirely void or nullified, the remaining provisions of these general terms and conditions shall remain in force and the void/ nullified provision(s) shall be replaced by a provision with the same purport as the original provision.
Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
If reference is made in these general terms and conditions to she/he/him, this should also be construed as a reference to he/she/him, if and insofar as applicable.

Article 3 - The Offer

All offers made by L'OYÉ Cosmetics made by L'OYÉ Cosmetics are without obligation, unless otherwise expressly indicated in writing. If the Offer is limited or valid under specific conditions, this shall be expressly stated in the Offer. An Offer does not exist until it is in writing.
The offer made by L'OYÉ Cosmetics made by L'OYÉ Cosmetics is without obligation. L'OYÉ Cosmetics is bound by the Offer only if the acceptance thereof is confirmed by the Purchaser in writing within 30 days, or by the Purchaser having already paid the amount due. Nevertheless L'OYÉ Cosmetics has the right to enter into an Agreement with a potential Buyer at a price determined in advance. L'OYÉ Cosmetics legitimate reason.
The Offer contains an accurate description of the Product offered with corresponding prices. The description is detailed enough to enable the Buyer to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer may L'OYÉ Cosmetics not be binding. Any images and specific data in the Offer are only indicative and cannot be a ground for any compensation or the dissolution of the Agreement (at a distance). L'OYÉ Cosmetics cannot guarantee that the colors in the image exactly match the real colors of the Product.
Delivery times and Terms stated in the Offer of L'OYÉ Cosmetics are indicative and, if exceeded, do not entitle the Buyer to rescission or damages, unless expressly agreed otherwise.
A composite quotation shall oblige L'OYÉ Cosmetics not to supply part of the items included in the offer or Offering at part of the quoted price.
If and to the extent there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stock lasts, and according to the sell-by-order principle.

Article 4 - Conclusion of the Agreement

The Agreement is concluded at the moment that Buyer receives an offer from L'OYÉ Cosmetics by paying for the Product in question.
An Offer may be made by L'OYÉ Cosmetics made through the Website.
If Buyer has accepted the Offer by entering into an Agreement with L'OYÉ Cosmetics, the L'OYÉ Cosmetics confirm the Agreement with Buyer in writing, at least by e-mail.
If the acceptance deviates (on minor points) from the Offer, the L'OYÉ Cosmetics not bound by it.
L'OYÉ Cosmetics is not bound by an offer if the Purchaser could reasonably have expected or should have understood that the offer contains an obvious mistake or clerical error. The Buyer cannot derive any rights from such mistake or clerical error.
The right of withdrawal is excluded for Buyer being a Business. Buyer being a Consumer is entitled to assert its right of withdrawal within the statutory period. If revocation is applicable, the Buyer shall handle the Product and its packaging with care. It shall only unpack or use the Product to the extent necessary to establish the nature, characteristics and functioning of the Product. Buyer will not break the seal of the Product. The direct cost of returning the Product shall be borne by Buyer.
Products that cannot be returned due to health risks whose seal has been broken after delivery are excluded from the right of withdrawal. This is explicitly stated in the Offer.

Article 5 - Execution of the Agreement

L'OYÉ Cosmetics shall execute the Agreement to the best of its knowledge and ability.
If and to the extent a proper performance of the Agreement requires it, L'OYÉ Cosmetics has L'OYÉ Cosmetics has the right to have certain work performed by third parties at its own discretion.
The Buyer shall ensure that all data, of which L'OYÉ Cosmetics are necessary or which the Buyer should reasonably understand are necessary for the performance of the Agreement, in a timely manner to L'OYÉ Cosmetics. L'OYÉ Cosmetics in a timely manner. If the data required for the execution of the Agreement are not provided in due time to L'OYÉ Cosmetics are provided in a timely manner, the L'OYÉ Cosmetics the right to suspend the performance of the Agreement.
In the performance of the Agreement L'OYÉ Cosmetics not obliged or obliged to follow Buyer's instructions if this changes the content or scope of the Agreement. If the directions result in additional work for L'OYÉ Cosmetics, Buyer shall be obliged to compensate the additional or additional costs accordingly.
L'OYÉ Cosmetics may require security from Buyer or full payment in advance prior to proceeding to execute the Agreement.
L'OYÉ Cosmetics is not liable for damages of any kind incurred due to the fact that L'OYÉ Cosmetics was based on incorrect and/or incomplete information provided by the Buyer, unless such incorrectness or incompleteness was obvious to the Buyer. L'OYÉ Cosmetics known to L'OYÉ Cosmetics.
Buyer indemnifies L'OYÉ Cosmetics for any claims of third parties, who suffer damages in connection with the performance of the Agreement and which are attributable to Buyer.

Article 6 - Delivery

If the commencement, progress or delivery of the Agreement is delayed because, for example, Buyer has not provided all requested information or has not provided all requested information on time, does not cooperate sufficiently, the payment or deposit is not received on time by L'OYÉ Cosmetics or due to other circumstances beyond the control of L'OYÉ Cosmetics arises any delay, the L'OYÉ Cosmetics entitled to a reasonable extension of the delivery period. All agreed (on) delivery times are never deadlines. The Buyer shall L'OYÉ Cosmetics in default in writing and grant it a reasonable period of time to still deliver. The Buyer shall not be entitled to any damages as a result of the resulting delay.
The Buyer shall be obliged to accept the goods at the time they are made available to it under the Agreement, even if they are offered to it earlier or later than agreed.
If the Buyer refuses to take delivery or fails to provide information or instructions necessary for delivery, the L'OYÉ Cosmetics entitled to store the goods at the Buyer's expense and risk.
If the Products are delivered by L'OYÉ Cosmetics or a third-party carrier is L'OYÉ Cosmetics, unless otherwise agreed in writing, is entitled to charge any delivery costs. These will then be invoiced separately unless expressly agreed otherwise.
If L'OYÉ Cosmetics requires data from the Buyer in connection with the performance of the Agreement, the delivery period shall commence only after the Buyer has provided all data necessary for performance to L'OYÉ Cosmetics Cosmetics.
If L'OYÉ Cosmetics has specified a delivery period, it is indicative.
L'OYÉ Cosmetics is entitled to deliver the items in parts, unless this is deviated from by Agreement or the partial delivery has no independent value. L'OYÉ Cosmetics is entitled to invoice the thus delivered goods separately.
Deliveries shall be made only if all invoices have been paid unless expressly agreed otherwise. L'OYÉ Cosmetics reserves the right to refuse delivery in case of well-founded fear of non-payment.

Article 7 - Packaging and transportation

L'OYÉ Cosmetics undertakes to the Purchaser to properly package the items to be delivered and to secure them in such a way that they reach their destination in good condition during normal use.
Unless otherwise agreed in writing, all deliveries shall be inclusive of sales tax (VAT), including packaging and packaging materials.
Acceptance of goods without notes on the waybill or receipt shall be proof that the packaging was in good condition at the time of delivery.

Article 8 - Examination, complaints

Buyer is obliged to examine the delivered goods, or have them examined, at the time of delivery, but in any event within 14 days of receipt. In doing so, the Buyer must check whether the quality and quantity of the goods delivered corresponds to the Agreement and whether the Products meet the requirements applicable to them in normal (commercial) dealings. If the seal is broken, the L'OYÉ Cosmetics will not take back the Product.
Buyer is obliged to examine and inform himself in what manner the Product should be used and in case of personal use, to test the Product in accordance with the instructions for use. L'OYÉ Cosmetics acknowledges no liability for the Buyer's misuse of the Product.
Any visible defects or shortages must be notified in writing to L'OYÉ Cosmetics Cosmetics in writing after delivery. Buyer has a period of 14 days after delivery for this purpose. Non-visible defects or shortages should be reported within 14 days of discovery but at the latest within 2 months of delivery. For the Buyer being a Company, a period of 3 days applies. If the Product is damaged due to careless handling by the Buyer, the Buyer is liable for any decrease in value of the Product.
If, pursuant to the previous paragraph, a timely complaint is made, the Buyer remains obliged to pay for the purchased goods. If the Buyer wishes to return defective goods, it shall only do so with the prior written consent of L'OYÉ Cosmetics in the manner stipulated by L'OYÉ Cosmetics indicated.
If the Buyer being a Consumer exercises its right of withdrawal, it shall return the Product and all accessories, to the extent reasonably possible, in their original condition and packaging to L'OYÉ Cosmeticsin accordance with the return instructions of L'OYÉ Cosmetics. The direct costs for return shipments are at the Buyer's expense and risk.
L'OYÉ Cosmetics is entitled to initiate an investigation into the authenticity and condition of the returned Products before a refund will be made.
Refunds to Buyer will be processed as soon as possible, but may take up to 14 days after receipt of Buyer's declaration of dissolution. Refunds will be made to the account number previously provided.
If Buyer exercises its right of claim, Buyer being a Business shall not be entitled to suspend its payment obligation nor to set off outstanding invoices.
In the absence of a complete delivery, and/or if one or more Products are missing, and this to L'OYÉ Cosmetics is to blame, the L'OYÉ Cosmetics upon Buyer's request thereto, either send the missing Product(s) or cancel the remaining order. The receipt of the Products is leading in this regard. Any damage suffered by the Buyer as a result of the (different) scope of delivery cannot be recovered from L'OYÉ Cosmetics.

Article 9 - Prices

During the validity period of the Offer, the prices of the Products offered are not increased, except in the case of changes in VAT rates.
The prices stated in the Offer are inclusive of VAT, unless expressly stated otherwise.
The prices mentioned in the Offer are based on the cost factors applicable at the time of the conclusion of the Agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.
In the case of Products or raw materials for which there are price fluctuations in the financial market and on which L'OYÉ Cosmetics has no influence, may L'OYÉ Cosmetics offer these Products with variable prices. The Offering states that prices are target prices and may fluctuate.

Article 10 - Payment and collection policy

Payment should preferably be made in advance in the currency in which it was invoiced via the method indicated. If this has been expressly agreed with L'OYÉ Cosmetics the Buyer being a Business may pay in arrears by means of a payment slip provided by L'OYÉ Cosmetics sent invoice.
Buyer cannot derive any rights or expectations from an estimate issued in advance, unless the parties have expressly agreed otherwise.
Buyer shall make payment in a lump sum to the account number and details of L'OYÉ Cosmetics. The parties may only make payment in lump sum upon the express written consent of L'OYÉ Cosmetics agree a different term of payment.
If a periodic payment obligation of the Buyer is agreed upon, the L'OYÉ Cosmetics entitled to adjust the applicable prices and rates in writing subject to a period of 3 months.
In case of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, the claims of L'OYÉ Cosmetics against the Buyer shall become immediately due and payable.
L'OYÉ Cosmetics shall be entitled to apply the payments made by the Purchaser first to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the accrued interest. L'OYÉ Cosmetics may, without thereby being in default, refuse an offer of payment, if the Buyer designates a different sequence of attribution. L'OYÉ Cosmetics may refuse full payment of the principal sum, if such payment does not include the accrued and current interest as well as the costs.
If the Buyer fails to meet its payment obligation and has not fulfilled its obligation within the stipulated payment period of 7 days, the Buyer being a Company shall be in default. Buyer being a Consumer will first receive a written demand with a period of 14 days from the date of the demand to still fulfill the payment obligation with a statement of the extrajudicial costs if Consumer does not fulfill its obligations within that period, before it is in default.
From the date that the Buyer is in default, the L'OYÉ Cosmetics without further notice of default claim the statutory (commercial) interest from the first day of default until full payment and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code to be calculated according to the graduated scale from the Decree on compensation for extrajudicial collection costs dated 1 July 2012.
If L'OYÉ Cosmetics incurred more or higher costs that reasonably necessary, such costs shall be eligible for reimbursement. Judicial and execution costs incurred shall also be borne by the Buyer.

Article 11 - Retention of title

All goods purchased by L'OYÉ Cosmetics delivered remain the property of L'OYÉ Cosmetics until the Buyer has fulfilled all of the following obligations under all agreements with L'OYÉ Cosmetics concluded with L'OYÉ Cosmetics has been fulfilled.
Buyer is not authorized to pledge or otherwise encumber the items subject to retention of title if title has not yet been transferred in full.
If third parties levy attachment on the goods delivered under retention of title or wish to create or enforce rights to them, the Buyer is obliged L'OYÉ Cosmetics as soon as may reasonably be expected.
In case L'OYÉ Cosmetics wishes to exercise its property rights indicated in this article, the Buyer hereby unconditionally and irrevocably consents to and authorizes L'OYÉ Cosmetics or third parties to be appointed by them, to enter all those places where the property of L'OYÉ Cosmetics is located. L'OYÉ Cosmetics are located and to repossess such items.
L'OYÉ Cosmetics shall be entitled to retain the Product(s) purchased by the Purchaser if the Purchaser has not yet fulfilled its payment obligations (in full), despite an obligation to transfer or surrender the L'OYÉ Cosmetics. After the Buyer has fulfilled its obligations L'OYÉ Cosmetics endeavor to deliver the Products purchased to the Purchaser as soon as possible, but at the latest within 20 business days.
Costs and other (consequential) damages resulting from the retention of the purchased Products shall be at the Buyer's expense and risk and shall be paid to the Buyer upon first request. L'OYÉ Cosmetics be compensated by the Buyer upon first request to L'OYÉ Cosmetics.

Article 12 - Warranty

L'OYÉ Cosmetics warrants that the Products comply with the Agreement, the specifications stated in the offer, usability and/or reliability and the statutory rules/regulations at the time of the conclusion of the Agreement. This also applies if the Goods to be delivered are intended for use abroad and Buyer has expressly notified L'OYÉ Cosmetics in writing of such use at the time of entering into the Agreement. L'OYÉ Cosmetics.

Article 13 - Instructions for use of Products

Purchaser of Products shall comply with the regulations and instructions of L'OYÉ Cosmetics to follow.
Buyer should store the Products with care. If applicable, the Products should be kept in the packaging provided. The lid should always be closed.
Buyer shall use the Product on the skin only. The Product is not intended to be taken orally.
If an allergic reaction occurs, Buyer shall immediately discontinue use and shall contact a (general) physician or dermatologist.
In case of contact with eyes, Buyer should immediately rinse the Product with water
The Products should be kept out of the reach of young children.
7. L'OYÉ Cosmetics expressly rejects all liabilities and claims of the Buyer and/or third parties who have suffered (physical) damage as a result of the use of the Products. The Products should only be used in accordance with the instructions for use.

Article 14 - Suspension and termination

L'OYÉ Cosmetics is authorized to suspend the fulfillment of its obligations or dissolve the Agreement, if Buyer does not fulfill or does not fully fulfill its (payment) obligations under the Agreement.
In addition L'OYÉ Cosmetics Moreover, L'OYÉ Cosmetics shall be entitled to rescind the Agreement existing between it and the Buyer, to the extent it has not yet been performed, without judicial intervention, if the Buyer fails to perform, or fails to perform in a timely manner or properly, the obligations incumbent upon it under any agreement concluded with it. L'OYÉ Cosmetics concluded with L'OYÉ Cosmetics.
Furthermore L'OYÉ Cosmetics Furthermore, L'OYÉ Cosmetics is authorized to terminate the Agreement or have it terminated without prior notice of default if circumstances arise which are of such a nature that performance of the Agreement becomes impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise which are of such a nature that the unaltered maintenance of the Agreement can no longer be reasonably expected.
If the Agreement is dissolved, the claims of L'OYÉ Cosmetics against the Buyer shall become immediately due and payable. When L'OYÉ Cosmetics suspends performance of its obligations, it retains its claims under the law and the Agreement.
L'OYÉ Cosmetics always retains the right to claim damages.

Article 15 - Limitation of Liability

If the performance of the Agreement by L'OYÉ Cosmetics leads to liability of L'OYÉ Cosmetics vis-à-vis the Buyer or third parties, such liability shall be limited to the amount paid in connection with the Agreement by L'OYÉ Cosmetics charged in connection with the Agreement unless the damage occurred due to intent or gross negligence. The liability of L'OYÉ Cosmetics is in any case limited to the maximum amount of damages paid by the insurance company per event per year.
L'OYÉ Cosmetics is not liable for consequential damages, indirect damages, loss of profits and/or losses suffered, missed savings and damages resulting from the use of the Products supplied is excluded. For Consumer a limitation applies in accordance with what is allowed under Article 7:24 paragraph 2 of the Dutch Civil Code.
L'OYÉ Cosmetics shall not be liable for and/or obliged to repair damage caused by the use of the Product. L'OYÉ Cosmetics provides strict maintenance and use instructions which must be followed by the Purchaser. All damage to Products resulting from wearing and use is expressly excluded from liability (this includes traces of use, usage damage, fall damage, light and water damage, theft, loss, etc.).
L'OYÉ Cosmetics is not liable for damages that are or may be the result of any act or omission as a result of (imperfect and/or incorrect) information on the website(s) or from linked websites.
L'OYÉ Cosmetics is not responsible for errors and/or irregularities in the functionality of the Website and is not liable for any malfunctions or unavailability of the Website for any reason.
L'OYÉ Cosmetics does not warrant the accurate and complete transmission of the content of and by/on behalf of L'OYÉ Cosmetics sent, nor for the timely receipt thereof.
All claims of Buyer due to failure on the part of L'OYÉ Cosmetics expire if they have not been reported in writing with reasons to L'OYÉ Cosmetics within one year after Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of Buyer shall in any case expire one year after the termination of the Agreement.

Article 16 - Force Majeure

L'OYÉ Cosmetics is not liable if, as a result of a force majeure situation, it cannot fulfill its obligations under the Agreement, nor can it be held to fulfill any obligation if it is prevented from doing so as a result of a circumstance that is not attributable to its fault and is not for its account by virtue of the law, legal act or generally accepted practice.
Force majeure includes in any case, but is not limited to what is understood in this respect in the law and jurisprudence, (i) force majeure of suppliers of L'OYÉ Cosmetics(ii) failure to properly fulfil obligations of suppliers supplied by the Purchaser to L'OYÉ Cosmetics. L'OYÉ Cosmetics prescribed or recommended by Buyer, (iii) defectiveness of items, equipment, software or materials of third parties, (iv) governmental measures, (v) power failure, (vi) failure of internet, data network and telecommunication facilities (for example due to: cyber crime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transportation problems, (x) strikes in the business of L'OYÉ Cosmetics and (xi) other situations which in the opinion of L'OYÉ Cosmetics beyond its control that temporarily or permanently prevent the performance of its obligations.
L'OYÉ Cosmetics is entitled to invoke force majeure if the circumstance preventing (further) performance occurs after L'OYÉ Cosmetics should have fulfilled its obligation.
The Parties may suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, either party shall be entitled to dissolve the Agreement, without any obligation to compensate the other party for damages.
Insofar as L'OYÉ Cosmetics fulfilled or will be able to fulfil part of its obligations under the Agreement at the time of the commencement of the Force Majeure Event, and the part fulfilled or to be fulfilled is of independent value, L'OYÉ Cosmetics shall not be liable for any damages. L'OYÉ Cosmetics shall be entitled to invoice the part already fulfilled or to be fulfilled respectively separately. The Buyer shall be obliged to pay such invoice as if it were a separate Agreement.

Article 17 - Transfer of Risk

The risk of loss of or damage to the Products that are the subject of the Agreement shall pass to the Buyer being a business at the time the goods leave the warehouse of L'OYÉ Cosmetics warehouse. For Consumers, the above risk shall pass to Buyer if the Products have been given into Buyer's control. This is the case if the Products have been delivered to Buyer's delivery address.

Article 18 - Privacy, data processing and security

L'OYÉ Cosmetics handles the (personal) data of the Buyer and visitors to the Site(s) with care. If requested L'OYÉ Cosmetics inform the data subject hereof.
If L'OYÉ Cosmetics is required under the Agreement to provide security of information, such security shall comply with the agreed specifications and a level of security that is not unreasonable in view of the state of the art, the sensitivity of the data, and the costs involved.

Article 19 - Complaints

If the Buyer is not satisfied with the Products of L'OYÉ Cosmetics and/or complaints about the (performance of the) Agreement, the Buyer is obliged to report these complaints as soon as possible, but at the latest within 14 calendar days after the relevant occasion that led to the complaint. Complaints can be reported with the subject line "Complaint".
The complaint must be sufficiently substantiated and/or explained by Buyer in order for L'OYÉ Cosmetics be able to take the complaint into consideration.
L'OYÉ Cosmetics will respond to the complaint in substance as soon as possible, but no later than within 14 calendar days of receipt of the complaint.
The parties will try to reach a solution together.

Article 20 - Applicable law

Any Agreement between L'OYÉ Cosmetics and the Buyer shall be governed by the laws of the Netherlands. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
In case of interpretation of the content and scope of these general terms and conditions, the Dutch text thereof shall always prevail. L'OYÉ Cosmetics is entitled to amend these general terms and conditions unilaterally.
All disputes arising out of or as a result of the Agreement between L'OYÉ Cosmetics and the Buyer shall be settled by the competent court of the District Court East Brabant, location Eindhoven, unless provisions of mandatory law lead to the jurisdiction of another court.

Eindhoven, December 14, 2023