Algemene voorwaarden
Terms of Service
Contents
- Access and Account
- Our Products
- Orders
- Pricing and Billing
- Shipping and Delivery
- Right of Withdrawal
- Legal Guarantee
- Product Warnings & Safe Use
- Intellectual Property
- Optional Tools
- Third-Party Links
- Relationship with Shopify
- Privacy Policy
- Feedback
- Errors and Omissions
- Prohibited Use
- Agents
- Termination
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Dispute Resolution & ODR
- Severability
- Waiver; Entire Agreement
- Assignment
- Governing Law
- Changes to Terms
- Contact Information
Overview
Welcome to Mateomatas. The terms "we", "us" and "our" refer to Mateomatas, operated by Tjincommerce, a vennootschap onder firma (V.O.F.) registered in the Netherlands. Mateomatas operates this store and website, including all related information, content, features, tools, products and services (the "Services"). Mateomatas is powered by Shopify.
These Terms of Service ("Terms") describe your rights and responsibilities when using the Services. They are governed by Dutch law and comply with applicable EU consumer protection legislation. Your statutory rights as a consumer under EU and Dutch law are not affected by these Terms.
By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, you must not use or access our Services.
Section 1 — Access and Account
By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence. To use the Services you may be asked to provide information such as your email address, billing address, delivery address and payment details. You represent and warrant that all information you provide is accurate, current and complete.
You are solely responsible for the security of your account login credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.
Section 2 — Our Products
We have made every effort to display our products accurately. Please note that colours or appearance may differ from how they appear on your screen due to your device settings. We do not guarantee that the appearance or quality of products will meet your expectations or match what is depicted in our store.
All product descriptions may be changed at any time without notice. We reserve the right to discontinue any product at any time and may limit quantities offered to any person or region.
Our products are cosmetic products intended for external use only. They are not medicinal products and do not carry medicinal claims. Product information provided on our website is for general informational purposes only and does not constitute medical advice.
Section 3 — Orders
When you place an order, you are making an offer to purchase. Mateomatas reserves the right to accept or refuse your order for any legitimate reason. Your order is only accepted once Mateomatas has confirmed acceptance and processed your payment. Please review your order carefully before submitting it.
In the event we do not accept, modify or cancel an order, we will notify you using the contact details you provided when placing the order. You will receive a full refund for any amounts already paid.
Returns and refunds are handled in accordance with our Refund Policy [LINK] and your statutory right of withdrawal as described in Section 6 below.
Section 4 — Pricing and Billing
All prices are displayed in euros and include VAT (BTW) unless otherwise stated. Shipping costs and any other charges will be clearly shown before you complete your purchase, in accordance with EU pre-contractual information requirements.
The price charged is the price in effect at the time the order is placed. Prices may change without notice, but changes will never affect orders already confirmed.
You agree to provide accurate and complete purchase and payment information for all orders. You represent and warrant that you are duly authorised to use the payment method provided and that charges will be honoured.
Section 5 — Shipping and Delivery
We aim to deliver within the timeframe stated at checkout. All delivery times are estimates and are not guaranteed. We are not liable for delays caused by carriers, customs clearance or events beyond our reasonable control.
Under EU consumer law, if we fail to deliver within the agreed timeframe (or within 30 days if no timeframe was agreed), you have the right to request delivery within an additional reasonable period, and if delivery still does not occur, to cancel the order and receive a full refund.
Risk of loss and title transfer to you upon delivery to you or a person designated by you to accept delivery.
Section 6 — Right of Withdrawal (EU Consumers)
The withdrawal period expires 14 calendar days after the day on which you, or a third party you designate (other than the carrier), takes physical possession of the goods.
To exercise your right of withdrawal, you must inform us of your decision by sending a clear written statement to support@mateomatas.com before the withdrawal period expires. You may use the model withdrawal form below, but it is not mandatory.
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods:
— Ordered on (*) / received on (*):
— Name of consumer(s):
— Address of consumer(s):
— Signature (only if this form is submitted on paper):
— Date:
(*) Delete as appropriate.
Upon withdrawal you must return the goods to us without undue delay and no later than 14 days after the day you informed us of your withdrawal. You bear the direct cost of returning the goods unless we have agreed otherwise.
We will reimburse all payments received from you, including standard delivery costs (but not any extra costs if you chose a more expensive delivery method), within 14 days of receiving your withdrawal notice. We may withhold reimbursement until we have received the goods back or you have supplied proof of return, whichever is earlier.
Exceptions to the right of withdrawal — The right of withdrawal does not apply to:
- Sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery (this includes our eye pad products once the seal has been broken).
- Goods that have been clearly personalised.
- Goods which have been mixed inseparably with other items after delivery.
Please refer to our Refund Policy [LINK] for full details on how to return goods and how refunds are processed.
Section 7 — Legal Guarantee
What this guarantee covers — conformity at delivery
We are liable for any lack of conformity that existed at the time of delivery and becomes apparent within two years of that date. For cosmetic products, a lack of conformity at delivery may include:
- The product was already expired or past its best-before date at the time of delivery.
- The product was damaged, leaking or contaminated upon receipt.
- The product's composition did not match the ingredient list or labelling.
- The wrong product was delivered.
- The seal was broken or tampered with prior to delivery.
What this guarantee does not cover
The legal guarantee is not a guarantee of product results, satisfaction or longevity. It does not cover:
- The product being used up through normal use.
- Changes in the product after it has been opened, as cosmetic products have a limited period after opening (indicated by the open-jar symbol on the packaging).
- Adverse reactions resulting from personal allergies, sensitivities or failure to follow usage instructions — these are addressed in Section 8.
- Subjective dissatisfaction with results, as individual outcomes may vary.
- Damage caused by improper storage or use contrary to the instructions provided.
Your remedies
If a genuine conformity defect existed at delivery and is reported within two years, you are entitled to replacement of the product free of charge, or — if replacement is not possible — a full refund. Please contact us at support@mateomatas.com with a description and, where possible, photographs of the defect.
This legal guarantee is separate from any commercial guarantee we may additionally offer and does not affect your other statutory rights, including your right of withdrawal under Section 6.
Section 8 — Product Warnings and Safe Use
Our products are cosmetic products regulated under EU Cosmetics Regulation No. 1223/2009. Each product is supplied with safety warnings and usage instructions that form part of the product information. It is your responsibility to read all warnings and instructions before use.
By purchasing and using our products, you confirm that you:
- Have read and understood all product warnings and usage instructions supplied with or displayed on the product.
- Will use the product only for its intended purpose and as directed.
- Are not aware of any personal health condition, allergy or sensitivity that could be aggravated by the use of the product.
- Will perform a patch test prior to full use if you have sensitive skin or a history of skin reactions.
- Will discontinue use immediately if you experience any adverse reaction and seek medical advice if necessary.
- Will keep products out of reach of children.
- Will not use the product if the seal is broken or if the product shows signs of damage upon receipt.
Mateomatas shall not be liable for any adverse reactions, injury, loss or damage resulting from:
- Failure to read or follow the product warnings and usage instructions.
- Use of the product for purposes other than its intended use.
- Use of the product in combination with other products or substances in a manner not recommended.
- Use of the product by persons with known allergies or sensitivities to any of the listed ingredients.
- Continued use of the product after experiencing an adverse reaction.
- Improper storage of the product contrary to the instructions provided.
This exclusion of liability does not apply to the extent that any adverse reaction is caused by a defect in the product itself or by our negligence, which is governed by Section 20.
Section 9 — Intellectual Property
Our Services, including all trade marks, text, images, graphics, video and audio, are owned by Mateomatas, its affiliates or licensors and are protected by intellectual property laws. These Terms permit you to use the Services solely for personal, non-commercial use. You may not reproduce, distribute, modify or create derivative works without our prior written permission.
The names, logos and trade marks of Mateomatas are the property of Mateomatas or its subsidiaries. All other names and trade marks on the Services belong to their respective owners.
Section 10 — Optional Tools
You may have access to third-party tools as part of the Services over which we have no control. We provide access to such tools on an "as is" and "as available" basis without warranties of any kind. Use of optional third-party tools is entirely at your own risk and discretion.
Section 11 — Third-Party Links
The Services may contain links to third-party websites over which we have no control. We are not responsible for the content or accuracy of third-party websites. If you choose to access third-party websites, you do so at your own risk. Complaints about third-party products or services should be directed to the third party.
Section 12 — Relationship with Shopify
Note: This section accurately describes the relationship between Shopify and your shop and must not be removed or amended.
Mateomatas is powered by Shopify, which enables us to deliver the Services to you. However, all sales and purchases are made directly with Mateomatas. By using the Services, you acknowledge that Shopify is not responsible for any aspect of a sale between you and Mateomatas. You hereby release Shopify and its affiliates from all claims, damages and liabilities arising from your purchases and transactions with Mateomatas.
Section 13 — Privacy Policy
All personal information we collect via the Services is subject to our Privacy Policy [LINK] and the General Data Protection Regulation (GDPR). Certain information may also be subject to Shopify's Privacy Policy. By using the Services, you confirm that you have read our Privacy Policy.
Section 14 — Feedback
If you submit feedback, reviews or suggestions, you grant us a perpetual, worldwide, royalty-free licence to use such content in any medium for any purpose, including commercial use. You represent that you own or hold all rights to any feedback you provide and that it complies with these Terms.
Section 15 — Errors and Omissions
There may occasionally be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any such errors and to update or cancel orders where information is incorrect, at any time without prior notice.
Section 16 — Prohibited Use
You may only use the Services for lawful purposes. You may not use the Services: (a) for unlawful or malicious purposes; (b) to violate any applicable laws or regulations; (c) to infringe intellectual property rights; (d) to harass or harm others; (e) to submit false or misleading information; (f) to send unsolicited communications; (g) to impersonate any person or entity; or (h) to interfere with or restrict others' use of the Services.
You also agree not to upload viruses or malicious code, scrape or extract data from the Services, or circumvent any security or access control measures. We reserve the right to suspend or terminate your account if you violate these Terms.
Section 17 — Agents
17.1 This section applies if you use, authorise or enable an Agent to access or interact with the Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of a person without direct supervision.
17.2 An Agent must identify itself at all times and act in accordance with section 17.4. An Agent may not access the Services if we have requested it to refrain from doing so.
17.3 We may restrict, including through technical measures, whether and how an Agent accesses the Services.
17.4 Agents must: (i) disclose in all requests that they originate from an Agent; (ii) not mimic human behaviour or circumvent CAPTCHAs; (iii) truthfully respond to prompts identifying them as human or computer; and (iv) not circumvent measures restricting Agent access.
Section 18 — Termination
We may terminate this agreement or your access to the Services at any time for legitimate reasons, with or without prior notice. You remain liable for all amounts due up to the date of termination. The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and any provisions that by their nature should survive.
Section 19 — Disclaimer of Warranties
The information on the Services is provided for general information purposes only. Except as required by law, the Services and products are provided on an "as is" and "as available" basis.
WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. TO THE EXTENT PERMITTED BY DUTCH AND EU LAW, WE EXCLUDE ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY AND NON-INFRINGEMENT.
Section 20 — Limitation of Liability
Subject to the mandatory exceptions above, and to the fullest extent permitted by Dutch and EU law:
- Our total liability to you for any claim arising from these Terms or your use of our Services or products shall not exceed the amount you paid for the product(s) giving rise to the claim.
- We shall not be liable for any indirect, incidental, consequential or special damages, including loss of profits, loss of data or loss of goodwill.
- We shall not be liable for damages arising from your failure to follow product warnings and usage instructions as described in Section 8.
- We shall not be liable for delays or failures caused by events beyond our reasonable control (force majeure), including natural disasters, strikes, government actions or carrier failures.
Product Liability — specific provisions:
- We maintain product liability insurance for our cosmetic products in accordance with applicable law.
- Our products comply with EU Cosmetics Regulation No. 1223/2009, including safety assessments and product information files.
- If you believe a product has caused you harm due to a defect in the product itself (not due to misuse), please contact us immediately at support@mateomatas.com. We take all such reports seriously and will respond promptly.
- Nothing in these Terms restricts your rights under the EU Product Liability Directive or Dutch product liability law (Burgerlijk Wetboek Book 6, Articles 185–193).
Section 21 — Indemnification
You agree to indemnify and hold harmless Mateomatas, Shopify and our affiliates, officers, directors, employees and agents from all losses, damages, liabilities or claims, including reasonable legal fees, arising from: (1) your breach of these Terms; (2) your violation of any law or the rights of a third party; or (3) your misuse of our products contrary to the warnings and instructions provided.
This indemnification obligation does not apply to the extent that any claim arises from our own negligence, fraud or wilful misconduct, or from a defect in a product supplied by us.
Section 22 — Dispute Resolution and ODR
We aim to resolve any complaints or disputes quickly and fairly. If you have a complaint, please contact us first at support@mateomatas.com. We will endeavour to respond within 5 business days.
You also have the right to submit a complaint to the Dutch Authority for Consumers and Markets (Autoriteit Consument & Markt, ACM) at www.acm.nl.
If a dispute cannot be resolved amicably, it shall be submitted to the competent court in Amsterdam, the Netherlands, subject to your rights as a consumer to bring proceedings in your own country of residence.
Section 23 — Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms without affecting the validity and enforceability of the remaining provisions. Any provision found to be an unfair contract term under EU Directive 93/13/EEC or Dutch law shall not be binding on consumers.
Section 24 — Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and us regarding your use of the Services.
Section 25 — Assignment
You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may transfer or assign our rights and obligations without your consent.
Section 26 — Governing Law
These Terms of Service are governed by and construed in accordance with the laws of the Netherlands. For consumers, the application of Dutch law does not deprive you of the protection afforded by mandatory provisions of the law of your country of habitual residence within the EU, in accordance with Rome I Regulation (EC) No. 593/2008.
Any disputes shall be subject to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands, without prejudice to your rights as a consumer to bring proceedings before the courts of your own country of residence.
Section 27 — Changes to the Terms of Service
We reserve the right to update or replace any part of these Terms at our sole discretion. Changes will be posted on this page with an updated effective date. We will notify you of material changes in accordance with applicable law. Your continued use of the Services after changes are posted constitutes your acceptance of the updated Terms.
Section 28 — Contact Information
Questions about these Terms of Service can be sent to us at support@mateomatas.com. Our full contact details are: