GENERAL TERMS AND CONDITIONS OF SALE
1. PARTIES
1.1. The Seller (“GOLIVEA”)
- Company Name: Golivea B.V.
- Registered Address: Stroombaan 10, 1181VX, Amstelveen, The Netherlands
- Chamber of Commerce (KVK): 97870862
- VAT Number (BTW): NL868268690B01
- Website: www.golivea.eu
- Email: [email protected]
1.2. The Buyer (“Consumer”) The natural person who is acting for purposes which are outside his trade, business, craft, or profession, and who places an order on the GOLIVEA website.
2. APPLICABILITY AND SUBJECT
2.1. These General Terms and Conditions apply to every offer from GOLIVEA and to every distance contract entered into between GOLIVEA and the Consumer via the website www.golivea.eu or the mobile application.
2.2. The subject of this contract is the sale and delivery of personal care and health products ordered by the Consumer. The specific features and price of the products are detailed on the product pages and in the Order Summary.
2.3. Association of Direct Selling Member (“Vereniging Directe Verkoop”)
GOLIVEA is a member of the Association of Direct Selling (VDV), the industry organization for direct selling in the Netherlands.
2.4. To the extent that a transaction qualifies as direct selling within the meaning of the VDV (including sales outside the business premises, through demonstrations, ambassadors, or personal presentations), the VDV General Terms and Conditions shall also apply.
3. OFFER AND CONCLUSION OF CONTRACT
3.1. The presentation of products on the website does not constitute a legally binding offer but rather a non-binding online catalog.
3.2. The contract is concluded when the Consumer places a binding order by clicking the “Complete Order / Pay” button and GOLIVEA sends an Order Confirmation via email.
3.3. GOLIVEA reserves the right to refuse an order if there is a clear error in pricing or product availability, or if the Consumer fails to meet the eligibility criteria.
4. PRICES AND PAYMENT
4.1. Prices
All prices indicated on the website are in EUROS (€) and include VAT (BTW) at the applicable rate (e.g., 21% or 9% for certain supplements).
4.2. Shipping Costs
Prices do not include shipping costs. Shipping fees are clearly displayed in the shopping cart and on the Order Summary page before the contract is concluded.
4.3. Payment Methods
Payment can be made via the methods displayed at checkout (e.g., iDEAL, Credit Card, Klarna, PayPal). The transaction is processed immediately upon order confirmation.
5. DELIVERY AND EXECUTION
5.1. Delivery Time
GOLIVEA will execute accepted orders with all due speed. Unless a longer delivery period is agreed upon, GOLIVEA strives to deliver orders within 1-5 working days, but in any event within 30 days (statutory limit) from the order date.
5.2. Risk of Loss
The risk of damage to or loss of products rests with GOLIVEA until the moment of delivery to the Consumer or a pre-designated representative.
6. RIGHT OF WITHDRAWAL
6.1. Statutory Right (14 Days)
Under EU law, the Consumer has the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period expires 14 days after the day on which the Consumer (or a third party designated by them) acquires physical possession of the goods.
6.2. GOLIVEA Extended Guarantee (30 Days)
In addition to the statutory right, GOLIVEA voluntarily extends the withdrawal period to 30 days. This “Money-Back Guarantee” allows the Consumer to return the product within 30 days of receipt for a full refund, subject to the conditions below.
6.3. Exercising the Right
To exercise the right of withdrawal, the Consumer must inform GOLIVEA of their decision by an unequivocal statement (e.g., via email to [email protected] or using the Model Withdrawal Form).
6.4. Effects of Withdrawal (Refunds)
If the Consumer withdraws from this contract:
a. GOLIVEA shall reimburse all payments received, including the costs of delivery (with the exception of supplementary costs resulting from the Consumer’s choice of a type of delivery other than the least expensive standard delivery offered).
b. Reimbursement will be made without undue delay and not later than 14 days from the day we are informed of your decision to withdraw.
However, we may withhold the reimbursement until we have received the returned goods back, or until you have supplied evidence of having sent back the goods, whichever is the earliest.
6.5. Return Costs
The Consumer shall bear the direct cost of returning the goods, unless GOLIVEA explicitly agrees to cover these costs in specific campaigns.
7. EXCEPTION TO THE RIGHT OF WITHDRAWAL
IMPORTANT HYGIENE NOTE
In accordance with Article 6:230p of the Dutch Civil Code, the Right of Withdrawal does not apply to:
a. Sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery. (e.g., If you open the safety seal of a cream jar, lipstick, or supplement bottle, you lose the right to return it unless the product is defective).
b. Products that spoil quickly or have a limited shelf life.
8. LEGAL CONFORMITY
8.1. GOLIVEA warrants that the products comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions/government regulations existing on the date of the contract.
8.2. Legal Guarantee
The Consumer is entitled to the statutory legal guarantee (Wettelijke Garantie). This means that a product must do what the Consumer may reasonably expect it to do. If a product is defective, the Consumer is entitled to repair, replacement, or (if these are not possible) a refund.
9. COMPLAINTS AND DISPUTE RESOLUTION
9.1. Internal Complaint Procedure: If the Consumer has a complaint, they should first contact GOLIVEA Support via [email protected]. The consumer will receive acknowledgment of receipt of the complaint within 8 working days. GOLIVEA will respond to complaints within 14 days of receipt.
9.2. If mediation does not lead to a resolution, the dispute may be submitted to the Direct Selling Disputes Committee. The decision of this committee shall be issued as binding advice in accordance with the applicable rules.
9.3. In the event of any conflict between these General Terms and the VDV Terms and Conditions, the provision most favorable to the Consumer shall prevail.
9.4. Dispute resolution mechanism offered by the EU: If a dispute cannot be resolved directly, the Consumer may submit disputes through the dispute resolution mechanism offered by the EU via the procedure available at that time.
9.5. Competent Court: This Agreement is governed by the laws of The Netherlands. Any dispute that cannot be resolved amicably shall be submitted to the competent court in the Netherlands.
10. PRIVACY
10.1. GOLIVEA processes the Consumer’s personal data in accordance with its Privacy Policy and applicable data protection laws, including the General Data Protection Regulation (GDPR).. By placing an order, the Consumer acknowledges the processing of their data as necessary for the execution of this contract.