Last updated: 16 Sep 2024
Terms of service & community guidelines and etiquette
Section 1: Terms of Service
OVERVIEW
This website is operated by We Are Eves- Eves B.V. Throughout the site, the terms “we”, “us” and “our” refer to WeAreEves. We Are Eves offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and / or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our platform is hosted on AWS. Your data is stored in a data centre of AWS. Regarding what happens with your data - please see the WeAreEves Eves B.V. Privacy Policy.
For any questions about these Terms of Service please contact us at info@weareeves.com.
1.1 REVIEW / POST / USER TAKE DOWN PROCEDURE FOR INACCURATE OR DEFAMATORY REVIEWS
Product review (post) experiences may be shared by We Are Eves platform users as long as they are truthful and accurate, lawful and comply with our terms of service. As a member of We Are Eves you may not leave a review which is factually inaccurate or which contains accusations about a business that are untrue or is otherwise unlawful or breaches our terms of service. Fake reviews, or reviews suspected to be fake, are also not permitted. We Are Eves is not liable for any review content which is factually incorrect or contains accusation about a business that are untrue or is otherwise unlawful.
If a member or brand of We Are Eves sees a fake review (post) or review (post) content which appears to be or is unlawful or does not comply with our terms of service, We Are Eves provides members and brand users with the capability to flag this post (review) using the edit functionality at the top right hand drop down menu corner of any review on the We Are Eves platform. When flagged, this post is selected from the menu - the review will be reviewed and, if not compliant with laws or our terms, removed from the We Are Eves platform and We Are Eves APIs within a reasonable timeframe.
Any users which are flagged with regards to having breached section 2 of this page or found to be fake, unlawful, conflicting with a brand's name, translate incorrectly and are untruthful by the Eves community or WeAreEves staff will be taken down or the names will be changed.
For any member or brands having issues regarding the use of the above, please contact Info@weareeves.com.
1.2 ONLINE WE ARE EVES USE AND PLATFORM AGE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
1.3 GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
1.4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. For all exact product information - all Brands (product developers and sellers) should be contacted for any questions about how to use a product or the ingredients contained within it. All consumers must read all product packaging instructions and materials prior to use. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
1.5. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice by connected suppliers. Prices may vary from suppliers or brands own websites. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
1.6. PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
1.7 ACCURACY OF BILLING AND ACCOUNT INFORMATION
If applicable, we reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
1.8 OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
1.9 THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
1.10 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
1.11 PERSONAL INFORMATION
Your submission of personal information through the store is governed by our WeAreEves Eves B.V. Privacy Notice..
1.12 ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders (if required) if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
1.13 PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Eves site / web app/ app or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. (l) Under no circumstances may any brand , company or person use the content of We Are Eves (Eves B.V.) without prior consent of We Are Eves (Eves B.V.). Content of We Are Eves may only be used by brands for reasoning as stated in WeAreEves Eves B.V. Brand Master Services Agreement. If a brand wishes to work with We Are Eves with regards to content use then a WeAreEves Eves B.V. Master Services Agreement (Eves B.V) must be in place - please reach out to info@weareeves.com for more information about this.
As a user of the Eves site / web app/ app you are prohibited from reselling any products sent out to you by Eves or a Beauty or Personal Care brand for testing purposes. Should you attempt to resell any product without prior approval by the producer of the goods (producer being Beauty and Personal Care brands partners of Eves) then Eves reserves the right to remove you from tester database and Brands (Beauty and Personal Care brands) reserve the right to take you to court for reselling their products and acting as a reseller of their products without any contractual agreements in place.
1.14 DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall weareeves Eves B.V. our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
User generated content – customer reviews, comments and posts: Under no circumstances shall WeAreEves - Eves B.V. be liable for any claims or damages caused by WeAreEves user’s content, opinions, reviews provided about products, articles product reviews, tips or posts about a particular brand or product.
Article content: Under no circumstances shall We Are Eves Eves B.V. be liable for any claims or damages caused by articles or opinions based on public market information or customer feedback.
1.15 INDEMNIFICATION
You agree to indemnify, defend and hold harmless WeAreEves Eves B.V. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
1.16 SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
1.17 TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
1.18 ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
1.19 BRANDS
Brands must adhere to our Terms of Service. In addition, Brands may only have a shelfie on WeAreEves Eves B.V. when a signed WeAreEves Eves B.V. Master Service Agreement is in place and signed off and approved by Eves B.V. Management (minimal 1 founder) and the Brand.
Under no circumstances may any Brand have any shelfie presence, or create any posts on WeAreEves or actively promote any of their products or engage with WeAreEves users comments or posts prior to having a WeAreEves Eves B.V. Master Services Agreement in place.
Should any Brand act on WeAreEves without the WeAreEves Eves B.V. Master Services Agreement in place Eves B.V. reserves the right to stop any brand account for which no signed WeAreEves Mutual Agreement contract is in place.
WeAreEves Eves B.V. is not liable for any damage caused to brands on WeAReEves or regarding their products. Each brand supplier or producer is responsible for clearly communicating their product ingredients on their packaging and the honest truth about their products. Users of any product are expected to thoroughly check the content, ingredients and packaging of any product prior to use and to submit any questions they may have to a brand directly on their website. Should any customer complain about brand activity on WeAreEves Eves B.V. then WeAreEves Eves B.V. reserves the right to put a WeAreEves Shelfie Brand account on hold at any time or even to delete it after investigation.
With regards to REVIEW / POST TAKE DOWN PROCEDURE FOR INACCURATE OR DEFAMATORY REVIEWS - see section 1.1. of this document.
Brands are to request having a Brand Shelfie or partnership with Eves B.V. by applying for one via info@weareeves.com. Upon receipt of application Eves B.V WeAreEves will explain the next steps regarding completion of the WeAreEves Eves B.V. Master Services Agreement.
1.20 GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the Dutch laws of Eves B.V., Weesperplein 4 B , 1018 XA, Amsterdam, Netherlands.
1.21 CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
1.22 - REFUND POLICY
For Returns
Our policy lasts 60 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange. Opened products cannot be returned.
Returned items will be processed within 14 days.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. Your items must be returned to the origin address stated on the packaging.
To complete your return, we require a receipt or proof of purchase.
Refunds (if applicable)
Once your return is received and inspected, our suppliers will send you an email to notify you that your returned item has been received. You will also be notified of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 10-14 working days.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact the sender of your goods.
Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at info@weareeves.com and send your item to: Eves B.V., Weesperstraat, 41, 1018 VN Amsterdam, Netherlands.
Counterfeit products
No claims or returns of counterfeit products will be accepted. WeAreEves only works with approved Brand suppliers.
Shipping
To return your product, you should mail your product to the supplier:
Depending on the supplier who sends your product, you (if not covered by your supplier - please check with their customer service) will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item f a high amount, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that the supplier will receive your returned item
1.23 - GPSR General Product Safety Regulation
For any questions about the safety or use of any products - please reach out to the brands as stated on the product packaging or contact us on hello@weareeves.com. Eves B.V. partners are to provide the product manufacturers of the products available on our webshop. When notified a product is unsafe, Eves B.V. will take down the product off the website and raise the concern with the producer of the product and send out a notice to consumers on weareeves if they have bought the same product.
Section 2: Community Guidelines & Etiquette
EVES B.V.‘s We Are Eves.com, hereafter called “We Are Eves” is here for you – to drive a new perspective on beauty which is honest, has less filters and is transparent. We Are Eves is a community to help others be the beautiful being they are. On We Are Eves members can share honest reviews and advice about beauty products or beauty rituals to help others discover new beauty products. We Are Eves is a platform on which members and users can share their personal experiences of using beauty products to help others. The discussions on We Are Eves are meant to stimulate conversation not to create contention. Let others have their say, just as you may.
If there are any questions on what content is appropriate to post on We Are Eves please contact We Are Eves hello@We Are Eves.com.
The We Are Eves Community Guidelines & Etiquette should not be seen as all-inclusive, but rather to give We Are Eves members a general idea of the guidelines to follow when participating on We Are Eves. In order to preserve a climate that encourages both civil and fruitful dialogue, We Are Eves reserves the right to suspend, remove content, or terminate participation on all lists for members who violate these Guidelines & Etiquette. Taking action against one of our We Are Eves members, particularly in regard to removing an account, is something we would like to avoid, but realistically may have to happen in order to protect the quality of service we strive to provide to our members. This restriction is not intended to limit in any way the beauty networking, sharing, discovering and informative advantages of We Are Eves.
The Community Guidelines & Etiquette may be revised from time to time and it’s the member’s responsibility to monitor these changes which are published on www.weareeves.com website.
We Are Eves is not responsible for the opinions and information posted on our site by others. We Are Eves disclaims all warranties with regard to information posted whether posted by We Are Eves or any third party; this disclaimer includes all implied warranties of parties. In no event shall We Are Eves be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, arising out of or in connection with the use or performance of any information posted on We Are Eves (Eves B.V.) .
By posting material, members grant We Are Eves with the nonexclusive, world-wide, transferable right and license to display, copy, publish, distribute, transmit, print, and use such information or other material in any way and in any medium, including but not limited to print or electronic form. By posting material you also grant the right for Brands which have a WeAreEves- Eves B.V. Master Services Agreement in place with WeAreEves only to use your quote, profile information and review / post material also in their marketing/advertising communications. Note video content and Images will also be shared with Brands which they may use for their own marketing and communications which have a WeAreEves -Eves B.V. Master Services Agreement in place so what you do not want to have shared - do not place on WeAreEves.com (websites) domains or sub domains). It is to be noted if you sign up to be We Are Eves tester then you agree for We Are Eves (EvesB.V) to send your address details to brands which they work with under the WeAreEves - Eves B.V. Master Services Agreement for the use of sending products to you and you grant the right automatically for your review to be used by brands which have a partnership (Master Services Agreement) in place with WeAreEves. Under no circumstances may Brands use or copy any We Are Eves (Eves B.V.) domain, subdomain content or user content. Members are not entitled to the payment of royalties or any other fees or remuneration associated with the posted material. WeAreEves users can sign up to test products and when if a product is made available for testing then testers are provided with the opportunity to sign up for a test round. Depending on the amount of products supplied by a brand for testing, a tester may or may not regularly receive a product. Receiving a product also depends on how the tester matches the products decsription for use such .If a user signs up as a tester but does not review a product when signed up to test and review one and product has been sent then the tester will be removed as a tester. It is to be noted that once a review has been placed one Are Eves , We Are Eves may freely use and transfer the posted material. Our non-exclusive access to freely use the posted material is irrevocable, without any time or territory restrictions
Content should not be posted if it encourages or facilitates members to arrive at any agreement that either expressly or impliedly leads to price fixing, a boycott of another's business, or other conduct intended to illegally restrict free trade. Content that encourages or facilitates an agreement about the following subjects are inappropriate: prices, discounts, or terms or conditions of sale; salaries; profits, profit margins, or cost data; market shares, sales territories, or markets; allocation of customers or territories; or selection, rejection, or termination of customers or suppliers. We Are Eves regularly monitors for inappropriate postings and does not on its own undertake editorial control of postings. However, in the event that any inappropriate posting is brought to We Are Eves attention, We Are Eves will take all appropriate action.
Possible We Are Eves disciplinary actions for Terms of Agreement Guidelines and Etiquette violations:
- Members may be subject to removal from community and will be notified of this.
- A formal notification is sent to the member who violated these Community Guidelines & Etiquette. The member may be removed from participating on We Are Eves.
- We Are Eves reserves the right to edit or delete a post. However, We Are Eves will not edit or delete posts for members, unless there has been a severe violation of We Are Eves Community Guidelines and Etiquette (as per the above.) Please see above sections 1.1. and thereafter.
In summary and in light of the above: The We Are Eves Community Guidelines and Etiquette Guidelines Do’ and Don’ts include:
Dos |
Donts |
· Know the We Are Eves Terms of service & privacy policy which includes these Community Guidelines and Etiquette aspects also. |
· Don’t attack others. The discussions on We Are Eves are meant to stimulate conversation not to create contention. Let others have their say, just as you may.
|
· Post truthful factual product experiences, Share truthful, factual beauty tip experiences, truthful , factual, beauty product video or photos of beauty rituals, truthful factual beauty experiences opinions (good or bad). Post fun videos or photos of you and your friends having fun with beauty products, or contacts, post any beauty selfies you are proud of – users would love to see them. |
· Expect We Are Eves to tell you which beauty products to use or not. All advice provided is from the community and their experiences and it is up to everyone to decide which products to use or not for themselves and most importantly to read all packaging and ingredients prior to use and to ask brand suppliers directly via their websites also about a product should they have any doubts or question about them. You choose who to follow – users, Beauty editors and Brands so you decide! |
· Be yourself, say who you are |
· Post picture, videos or content about none related beauty product rituals, tips or advice. Post anything vulgar, obscene, racist, sexist, discriminating, illegal, threatening. Don’t post anything untruthful or with incorrect facts at any time. |
· Respect We Are Eves and brand guidelines |
· Promote products which you are sponsored for. |
· Know that any post is done by you , personally - so be honest |
· Post things which hurt others personally |
· Ensure your post is supported by facts where possible or your own experience |
· Don't post commercial messages. Contact people directly with product and service information if you believe it would help them. |
· Be courteous |
· Don’t post any community messages containing promotional material, special offers, job offers, product announcements, or solicitation for services. WeAre Eves reserves the right to these messages, to block these shelfies and potentially ban sources of those solicitations. |
· Add value to help others – think before you post |
· Forget that all defamatory, abusive, profane, threatening, offensive, or illegal materials are strictly prohibited and may be removed. |
· Be respectful of other’s opinions, religions and values |
· Spam other We Are Eves user just for the sake of spamming. Likes and relevant comments on a post are allowed but should a user be attacked online abusively or spammed then We Are Eves will take action as explained above |
· Monitor comments on any posts you have and make sure they are legal and truthful and if not – please report them |
· Respond by promoting products |
· Treat people the way you like to be treated |
· Post anything you don’t want others to see |
· Respond to questions you know the answer to, have advice for or honest recommendations or advice as to why not to use them |
· Post Any information protected by copyright unless approved by the copyright owner and only if aligned with these guidelines and etiquette |
· Answer any product related questions if you are a brand |
· Post Any fake reviews about products you have not experienced using or tested yourself |
· Respect copyright |
- Attempt to resell any goods sent out to you in tester campaign otherwise you will be taken to court. |
· Let us know if you like to review beauty products once and a while and to leave a review about them-see our online Beauty Editor Application |
- Sign up with multiple account as 1 user. When this is tracked, we will report you to fraud departments for further investigations. |
· Send us your feedback -we aim to make We Are Eves the most honest and comfortable place for you to be the beautiful being or brand that you are. If you feel dissatisfied with the service of our platform or of course if you are happy with it or just want a few things to be better – please let us know – to us all feedback is a gift. Thanks! |
Post anything not related to a personal care product or product use. |
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Use any beauty or cosmetic producers or distributors names as your shelfie name. (if a user name contains the name of a brand then Eves B.V. reserves the right to change the user name with one special character. |
As a tester there is zero tolerance for any attempts made by testers to resell a product of any brand on any website at any time which is received for testing purposes Any reports of this will be handed over to legal departments for further actions. For products you do not wish to test- please return them to the sender on the packaging.
Section 3: Buying Terms and Conditions form other sellers
Index:
Article 1 - Definitions
Article 2 - Applicability
Article 3 – Customer account
Article 4 – Third party offers
Article 5 – Order and delivery
Article 6 - Compensation and payment
Article 7 – Provisions applicable to purchase from Other Seller(s)
Article 8 – Information and use of data
Article 9 – E-mail communication between the Customer and the Other Seller
Article 10 - Sundries
Article 11 – Applicable law
Article 1 - Definitions
The following definitions apply in these terms and conditions:
- Environment: weareeves.com and any other application designated by We Are Eves;
- Platform: the environment on which products are offered to Users by third parties;
- User: any visitor to the Environment;
- Other Seller(s): a third party, being a legal person offering products to Users via the Platform.
- Customer: a User of the Environment who proceeds to purchase a product via the Platform;
- Purchase Agreement: the agreement established between the Other Seller and a Customer due to the Customer's purchase of a product from the Other Seller via the Platform;
Article 2 - Applicability
- These conditions apply to ordering and buying products from Other Sellers via the Platform (hereinafter: Terms and Conditions for buying from Other Sellers).
- Any Customer placing an order for a product offered by another Seller within the Environment accepts the applicability of these Terms and Conditions for buying from other sellers.
- The provisions of these Buy from Other Sellers Terms and Conditions may only be deviated from in writing, in which case the other provisions shall remain in full force.
- These Terms and Conditions buying from other sellers apply to both buyers who qualify as consumers and buyers who qualify as business buyers.
- All rights and claims stipulated in these Terms and conditions and in any further agreements for the benefit of We Are Eves are also stipulated for the benefit of intermediaries and other third parties engaged by We Are Eves, expressly including the Other Seller(s).
- We Are Eves has the right to change these Terms and Conditions of Purchase from other sellers from time to time. The amended terms and conditions will apply as soon as they are published on the site. If a Buyer subsequently places an order for a product offered by another Seller, the Buyer accepts the applicability of the amended Terms and Conditions. It is therefore advisable to consult these Buy from Other Sellers Terms and Conditions before placing an order for a product from an Other Seller.
Article 3 – Customer account
- The Customer must meet at least the following requirements:
- the Customer must have a customer account with weareeves.com;
- The customer is at least 18 years old;
- The customer can be contacted by e-mail.
2. We Are Eves is at all times entitled not to process certain orders for articles from Other Sellers or to attach conditions to such processing.
3. The Customer is responsible for the use of his/her user name and password. We Are Eves advises the Customer to use a unique password and to keep this password secret.
4. The Customer is not entitled to allow others to use his/her account.
5. The Customer declares to act in accordance with the Terms and Conditions for buying from other sellers and all applicable laws and regulations.
6. The Customer is responsible for the accuracy of the data in his own account.
Article 4 - Third party offer
- The Customer acknowledges that the purchase agreement is established between the Customer and Other Seller (the third party offering the product(s) for sale via the Environment) and that We Are Eves is not and/or will not become a party to this agreement.
- For questions and/or complaints about the products purchased by the Customer from Other Sellers, the Customer should at all times contact the relevant Other Seller directly. The Customer acknowledges that in these cases he/she cannot appeal to We Are Eves and We Are Eves is not liable in any way, including but not limited to any defectiveness of the purchased product.
Article 5 – Order and delivery
- A Customer can place an order via the normal ordering process at We Are Eves for a product offered by another Seller.
- The Customer will receive a packing slip from the Other Seller.
- Ownership of delivered items is not transferred until the Customer has paid everything owed by the Customer to the Other Seller in respect of the order in question.
Article 6 – Fee and payment
- The Customer owes the purchase price of the product purchased from the Other Seller via the Platform to We Are Eves and is not discharged from its payment obligation by direct payment to the Other Seller. Payment by the Customer can only be made to We Are Eves.
- If the Customer does not timely fulfil its payment obligation(s), the Customer, after being notified by We Are Eves of the overdue payment and We Are Eves has granted the Customer a period of 14 days to still fulfil its payment obligations, after the non-payment within this 14-day period, shall be liable to pay default interest and/or administrative costs as well as collection costs on the outstanding amount, without prejudice to We Are Eves’ right to claim the actual extrajudicial collection costs incurred.
- The Customer is permitted to redeem We Are Eves gift vouchers and/or discount codes when purchasing products from Other Sellers.
- Other Seller has irrevocably granted We Are Eves the right to exercise, in the name of We Are Eves and to the exclusion of the Other Seller, the collection rights arising from the purchase agreement between the Customer and the Other Seller.
- We Are Eves will handle claims against the Customer in accordance with its normal collection policy.
Article 7 – Provisions applicable when purchasing from Other Seller(s)
- If a Customer purchases a product via the Platform from another Seller being a legal entity (so-called business seller), then:
- The Customer undertakes to read and accept the General Terms and Conditions of the relevant Other Seller(s) from which it purchases one or more products via the Platform;
- Will an order for a product be subsequently processed in accordance with the provisions of the General Terms and Conditions of the relevant Other Seller;
- The Customer shall be entitled to return an order within the period set by the Other Seller in its General Terms and Conditions.
- To facilitate the handling of a return, the Customer shall notify We Are Eves prior to the return by using the return button next to the item in its order status. The Customer shall endeavour to return the article to the relevant Other Seller within 24 hours after the Customer has reported the return to We Are Eves.
- If the Customer has already paid an amount, We Are Eves will refund this amount as soon as possible, but no later than 14 days after the revocation. Unless the Other Seller offers to collect the product itself, We Are Eves may wait with the refund until the Other Seller has received the product or until the Customer has demonstrated that he has returned the product, whichever is earlier.
- If an Other Seller has not accepted an order three (3) days after the final delivery date, We Are Eves will inform the Customer that its order has not been accepted and will return any payment already received by We Are Eves in this respect.
Article 8 – Information and use of data
- The Customer shall keep a careful eye on his e-mail so that the Customer can take note of information sent to the Customer by We Are Eves and/or the Other Seller in good time.
- We Are Eves is not liable for any untimely or unclear transmission of information or for obvious mistakes, regardless of from whom the information originates or to whom it is provided.
- Customer declares that he/she is familiar with and agrees that his/her name, address and telephone number are provided to the Other Seller to the extent necessary to execute the Purchase Agreement/order or if the Customer has given his/her consent. Other Seller is only entitled to use the Customer's data insofar as this is necessary in the context of handling and executing the Purchase Agreement/order or if the Customer has given its consent for the use of the data.
- Customer acknowledges that an evaluation system is part of the sales process. The Customer will be invited to this by e-mail. Customer declares that, if he participates in the evaluation system, he will do so in good faith. Customer warrants that all information provided by him is accurate and not misleading. Customer will refrain from providing and/or stating offensive, threatening and/or defamatory information. We Are Eves is at all times entitled to not include a review on the site or to remove it if the Other Seller proves that a review violates laws or regulations, public order and/or morality, exclusively concerns a product review or is not about the right Other Seller, contains personal data or a URL or is fraudulent. For any reimbursement, We Are Eves will use the same payment method that was initially used by the consumer, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer.
Article 9 – Other provisions
- We Are Eves is entitled to restrict, refuse or withdraw certain privileges or to block the use of the account or to deny or limit the possibility of ordering articles from Other Sellers via We Are Eves, depending on a customer's trading history. This at the sole discretion of We Are Eves.
- If We Are Eves allows deviations from these Buying Terms and Conditions from Other Sellers, whether tacitly or not, for a short or longer period of time, this does not affect its right to still demand direct and strict compliance with the Buying Terms and Conditions from Other Sellers. The Customer can never assert any right based on the fact that We Are Eves applies these Buying Terms and Conditions flexibly at any time.
- If one or more of the provisions of these Buying Terms and Conditions or of the procedural rules should be in conflict with any applicable legal requirement, the provision in question will cease to have effect and will be replaced by a new, legally permissible provision to be determined by We Are Eves, as far as possible with due observance of the purport of the provision in question.
- We Are Eves is at all times entitled to cease providing the functionalities for the offer of Other Sellers on the We Are Eves website.
Article 10 – Applicable law
- These Buying Terms and Conditions from Other Sellers, the buying and selling of items by Other Sellers via the We Are Eves website and the Purchase Agreement between the buyer and the Other Seller shall be governed exclusively by Dutch law. All disputes between the parties shall be submitted to the competent court. Prices stated in offers of products include VAT.
General Terms and Conditions of Sale
Index:
Article 1 - Definitions
Article 2 - Identity of We Are Eves
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Customers’ obligations in case of withdrawal
Article 8 - Customers who exercise their right of withdrawal and the costs involved
Article 9 – We Are Eves’ obligations in case of withdrawal
Article 10 - Precluding the right of withdrawal
Article 11 - The price
Article 12 - Contract fulfilment and extra guarantee
Article 13 - Delivery and implementation
Article 14 - Extended duration transactions: duration, termination and prolongation
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or different stipulations
Article 1 - Definitions
The following definitions apply in these terms and conditions:
- Supplementary agreement: an agreement in which a consumer obtains products and digital content via a distance contract, and a trader or a third party delivers these products and digital content in accordance with an agreement between that third party and We Are Eves;
- Withdrawal period: the period within which a consumer can make use of his right of withdrawal;
- Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
- Day: calendar day;
- Digital content: data that are produced and supplied in digital form;
- Extended duration transaction: a distance contract relating to a series of products, whereby the obligation to supply and/or purchase is spread over a period of time;
- Durable medium: every means - including emails - that enables a consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period;
- We Are Eves: the legal person who offers products and (access to) digital content to consumers from a distance;
- Distance contract: a contract concluded between a trader and a consumer within the framework of system organized for the distance sale of products and digital content, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
- Model form for right of withdrawal: the European model form for right of withdrawal that is included in Appendix I of these terms and conditions. We Are Eves is not obliged to provide Appendix I if the consumer has no right of withdrawal with regard to his order;
- Technique for distance communication: means that can be used for communication regarding the offer made by We Are Eves and concluding a contract, without the necessity of the consumer and trader being in the same place at the same time.
Article 2 - Identity of We Are Eves
Name trader: We Are Eves - Eves B.V.
Registered address: Weesperstraat 61, 1018 VN Amsterdam (the Netherlands)
Office address, should this differ from the registered address;
Email address: info@weareeves.com
Chamber of Commerce number - company number: 68732465
Article 3 - Applicability
- These general terms and conditions apply to every offer made by a trader and to every distance contract that has been realized between an trader and a consumer.
- Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, We Are Eves will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at We Are Eves’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
- If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, We Are Eves will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.
- In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
Article 4 - The offer
- If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
- The offer contains a complete and accurate description of the products and digital content being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If We Are Eves makes use of illustrations, these will be a true representation of the products being offered. We Are Eves is not bound by obvious errors or mistakes in the offer.
- Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.
Article 5 - The contract
- The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
- If the consumer has accepted the offer electronically, We Are Eves will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by We Are Eves.
- If the contract is concluded electronically, We Are Eves will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, We Are Eves will take suitable security measures.
- We Are Eves may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives We Are Eves proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
- We Are Eves will send to a consumer, at the latest when delivering a product, service or digital content, the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:
- the office address of We Are Eves’s business location where the consumer can lodge complaints;
- the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal;
- information on guarantees and existing after-sales service;
- the price, including all taxes on the product, service or digital content; the costs of delivery insofar as applicable, and the method of payment, delivery or implementing the distance contract;
- the requirements for terminating the contract, if the duration of the contract exceeds one year or if it is indefinite;
- if the consumer has a right of withdrawal, the model form for right of withdrawal.
- In case of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
Upon delivery of products
- When purchasing products, a consumer has the right to dissolve a contract, without giving reasons, during a period of at least 14 days. We Are Eves is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).
- The period stipulated in para. 1 commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:
- if the consumer has ordered several products: the day on which the consumer, or a third party
designated by the consumer, received the last product. We Are Eves may refuse a single order for several products with different delivery dates, provided he clearly informed the consumer of this prior to the ordering process.
- if the delivery of a product involves different deliveries or parts: the day on which the consumer, or a third party designated by the consumer, received the last delivery or the last part;
- with contracts for the regular delivery of products during a given period: the day on which the consumer, or a third party designated by the consumer, received the last product.
Upon delivery of digital content that is not supplied on a material medium:
- A consumer has the right to dissolve a contract, without giving reasons, for the supply of digital content that is not supplied on a material medium during a period of at least fourteen days. We Are Eves is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).
- The period stipulated in para. 3 commences on the day after the contract was concluded.
Extended withdrawal period for products and digital content that is not supplied on a material medium in the event a consumer was not informed about the right of withdrawal:
- If We Are Eves did not provide the consumer with the statutorily obligatory information about the right of withdrawal or if the model form was not provided, the withdrawal period ends twelve months after the end of the originally stipulated withdrawal period based on the previous paragraphs of this article.
- If We Are Eves provided the consumer with the information referred to in the previous paragraph within twelve months of the commencing date of the original withdrawal period, the withdrawal period shall end 14 days after the day on which the consumer received the information.
Article 7 - Consumers’ obligations during the withdrawal period
- During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.
- The consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in para.
- The consumer is not liable for the product’s devaluation if We Are Eves did not provide him with all the statutorily obligatory information about the right of withdrawal before the contract was concluded.
Article 8 - Consumers who exercise their right of withdrawal and the costs involved
- A consumer who wants to exercise his right of withdrawal shall report this to We Are Eves, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way.
- As quickly as possible, but no later than 14 days after the day of reporting as referred to in para. 1, the consumer shall return the product, or hand it over to (a representative of) We Are Eves. This is not necessary if We Are Eves has offered to collect the product himself. The consumer will in any case have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed.
- The consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by We Are Eves.
- The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer.
- The consumer bears the direct costs of returning the product. If We Are Eves has not declared that the consumer shall bear these costs or if We Are Eves indicates a willingness to bear these costs himself, then the consumer shall not be liable to bear the costs of returning goods.
- The consumer shall bear no costs for the entire or partial supply of digital content that is not supplied on a material medium, if:
- prior to delivery, he did not explicitly agree to commencing fulfilment of the contract before the end of the period of withdrawal;
- he did not acknowledge having lost his right of withdrawal upon granting his permission; or
- We Are Eves neglected to confirm this statement made by the consumer.
- If a consumer exercises his right of withdrawal, all supplementary agreements are legally dissolved.
Article 9 - Traders’ obligations in a case of withdrawal
- If We Are Eves makes it possible for a consumer to declare his withdrawal via electronic means, then after receiving such a declaration, he sends immediate confirmation of receipt.
- We Are Eves reimburses the consumer immediately with all payments, including any delivery costs We Are Eves charged for the returned product, though at the latest within 14 days after the day on which the consumer reported the withdrawal. Except in cases in which We Are Eves has offered to retrieve the product himself, he can postpone refunding until he has received the product or until the consumer proves he has returned the product, depending on which occurs earlier.
- For any reimbursement, We Are Eves will use the same payment method that was initially used by the consumer, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer.
- If the consumer chose an expensive method of delivery in preference to the cheapest standard delivery, We Are Eves does not have to refund the additional costs of the more expensive method.
Article 10 - Precluding the right of withdrawal
We Are Eves can preclude the right of withdrawal for the following products, but only if We Are Eves stated this clearly when making the offer, or at least in good time prior to conclusion of the contract:
- Products whose prices are subject to fluctuations on the financial market over which We Are Eves has no influence and which can occur within the period of withdrawal;
- Contracts concluded during a public auction. A public auction is defined as a sales method whereby a trader offers products and digital content at an auction, under the directions of an auctioneer, and whereby the successful purchaser is obliged to purchase the products and digital content;
- Products manufactured according to the consumer’s specifications, which were not prefabricated and were made based on a consumer’s specific choice or decision, or which are clearly intended for a specific person;
- Products subject to rapid decay or with a limited shelf-life;
- Sealed products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery;
- Products that, due to their nature, have been irretrievably mixed with other products;
- Papers or magazines, except for subscriptions;
- The delivery of digital content other than on a material medium, but only if:
- the delivery commenced with the consumer’s explicit prior agreement, and
- the consumer declared that this implied his having lost his right of withdrawal.
Article 11 - The price
- During the period of validity indicated in the offer, the prices of the products being offered will not be increased, except for price changes in VAT-tariffs.
- Contrary to the previous paragraph, We Are Eves may offer products at variable prices as provided by its connected partners, in cases where these prices are subject to fluctuations in the financial market over which We Are Eves has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
- Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
- Price increases more than 3 months after the contract was concluded are only permitted if We Are Eves stipulated as much and:
- they are the result of statutory regulations or stipulations; or
- the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
- Prices stated in offers of products include VAT.
Article 12 - Contract fulfilment and extra guarantee
- We Are Eves guarantees that the products fulfil the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed We Are Eves also guarantees that the product is suited for other than normal designation.
- An extra guarantee arrangement offered by We Are Eves, manufacturer or importer can never affect the statutory rights and claims that a consumer can enforce against We Are Eves on the grounds of the contract if We Are Eves failed to fulfil his part in the contract.
- An extra guarantee is defined as every commitment of a trader, his supplier, importer or manufacturer that grants a consumer rights or claims, in excess of those provided by law, for the event that he fails to fulfil his part in the contract.
Article 13 - Supply and implementation
- We Are Eves will take the greatest possible care when receiving and implementing orders for products.
- The place of delivery is deemed to be the address that the consumer makes known to the company.
- Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge and a right to possible damages.
- Following dissolution in accordance with the previous paragraph, We Are Eves refunds the consumer immediately the sum he had paid.
- The risk of damage and/or loss of products rests upon We Are Eves up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to We Are Eves, unless this has explicitly been agreed otherwise.
Article 14 - Extended duration transactions: duration, termination and prolongation
Termination
- The consumer has a right at all times to terminate an open-ended contract that was concluded for the regular supply of products, subject to the agreed termination rules and a period of notice that does not exceed one month.
- The consumer has a right at all times to terminate a fixed-term contract that was concluded for the regular supply of products at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month.
- With respect to contracts as described in the first two paragraphs, the consumer can:
- terminate them at all times and not be limited to termination at a specific time or during a specific period;
- terminate them in the same way as that in which they were concluded;
- always terminate them subject to the same period of notice as that stipulated for We Are Eves.
Prolongation
- A fixed-term contract that was concluded for the regular supply of products may not be automatically prolonged or renewed for a fixed period of time.
- A fixed-term contract that has been concluded for the regular supply of products may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month.
Duration
- If the fixed-term of a contract exceeds one year, then after one year the consumer has at all times a right to terminate, with a period of notice that does not exceed one month, unless reasonableness and fairness dictate that premature termination of the contract would be unacceptable.
Article 15 - Payment
- As far as no other date is stipulated in the contract or supplementary conditions, sums payable by the consumer should be paid within 14 days after commencement of the withdrawal period, or in the absence of a withdrawal period within 14 days after the conclusion of the contract.
- When selling products to consumers, the general terms and conditions may never stipulate an advance payment in excess of 50%. Where advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.
- The consumer is obliged to report immediately to We Are Eves any inaccuracies in payment data provided or stated.
- If a consumer fails to fulfil his payment obligation(s) in good time, after We Are Eves has informed the consumer about the late payment, the consumer is allowed 14 days in which to fulfil the obligation to pay; if payment is not made within this 14-day period, statutory interest will be payable over the sum owed and We Are Eves has the right to charge reasonable extrajudicial costs of collection he has incurred. These costs of collection amount to, at the most: 15% of unpaid sums up to €2,500; 10% over the next €2,500; and 5% over the next €5,000, with a minimum of €40. We Are Eves can make departures from these sums and percentages that are favorable to the consumer.
Article 16 - Complaints procedure
- We Are Eves provides for a complaints procedure, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure. Please email any complaint you have to hello@weareeves.com.
- A consumer who has discovered shortcomings in the implementation of a contract must submit any complaints to We Are Eves without delay, in full and with clear descriptions.
- A reply to complaints submitted to We Are Eves will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then We Are Eves will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
- The consumer should give We Are Eves a time period of at least 4 weeks to solve the complaint in joint consultation. After this period of time, the complaint becomes a dispute that is subject to the disputes settlement scheme.
Article 17 - Disputes
- Contracts entered into between a trader and a consumer and which are subject to these general terms and conditions are subject only to Dutch law.
Article 18 - Additional or different stipulations
Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.
Appendix I: Model form for right of withdrawal
Model form for right of withdrawal
Please send an email should you want to withdraw from the contract with the following:
- To: Traders name:
[trader’s geographic address]
[trader’s fax number, if available]
[trader’s e-mail address or electronic address]
- I/we* herewith inform you that, in respect of our contract regarding
The sale of the following products: [description of the product}*
The delivery of the following digital content: [description of the digital content]*
I/we* exercise our right of withdrawal.
- Ordered on*/received on* [date of ordering or receiving goods]
- [Consumer(s)’ name]
- [Consumer(s)’ address]
- [Consumer(s)’ signature] (only if this form is submitted on paper)
- [Date]
*Delete or provide supplementary information, as applicable.