Terms and Conditions

PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS BEFORE USING THIS WEBSITE (THE “WEBSITE”). BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OT THE TERMS YOU MAY NOT ACCESS THE WEBSITE.

1. GENERAL INFORMATION

1.1 REGISTRATION INFORMATION

Registered company name: CREAM.LY BV
Company registration number: 83925872
VAT registration number: NL863036193B01
Email: support@cream.ly

1.2 \"We\" or \"Us\" means CREAMLY.

2. PRICES

All our prices are quoted in EURO or other selected currency and do not include postage charges. The cost of our ingredients and packaging materials varies, so we reserve the right to change product prices without prior notice. This does not apply to orders that have already been placed and paid in full.

3. TERMS OF SALE

All orders will be processed and sent after receiving the payment.

4. PRODUCT DESCRIPTION

Despite all efforts to accurately describe our products, there may be minor changes in product color, packaging design, or specification. We strive to provide correct pricing during product information placement, but we reserve the right to change prices due to adjustments or changes of the supplier.

5. PAYMENT
We accept online payments by credit or debit cards. For customers with PayPal, Google Pay or Shop Pay accounts, we offer the possibility to use the balance of these purses.

6. POSTAL DELIVERY AND PACKAGING

The postage fee will be charged as indicated on the website, unless otherwise agreed with the customer. We reserve the right to change and amend our shipping rates. For more information about our current postage rates and appropriate delivery conditions, please refer to our «Delivery Terms» page.

7. NON-RECEIVED / RETURNED ORDERS

The customer is obliged to make sure that the delivery address is entered in full (including the apartment number, security login code, etc.), the address is filled in, the postal code is correct at the moment of placing the order. If the delivery address is the address of the company, the name of the company along with the name of the recipient should also be indicated. If your goods are returned to us by DHL or POST NL, we reserve the right to charge you for the costs associated with the return shipment of your parcel. If you decide to resend your order, please note that we will ask you to pay the appropriate delivery fee to send your order a second time. If you decide to claim a refund, we will only refund the cost of the products, minus the actual costs we incurred for the delivery.

8. SHIPPING

When ordering in anticipation of long public holidays, please check our delivery page to get information about delivery time and expected delays.

If you have ordered products that are in stock, your order will be processed and sent within 2-3 business days.

We do our best to send all orders within 2-3 working days - using DHL or POST NL, and in most cases orders are delivered within 3-10 working days. Please note, however, that we cannot guarantee the time and date of delivery and we are not responsible for any losses caused by delay delivery.

9. DELIVERY TIME

Most orders are delivered within 3-10 working days, but sometimes there can be a delay that is outside our control. If you have not received your order within 20 working days, we recommend that you check it at your neighbors and at the usual places where your postman leaves your parcels. If the customer does not receive the shipment within 4 weeks, the parcels are usually returned to us. Please read the section «NON-RECEIVED / RETURNED ORDERS». When ordering from our website, the customer agrees that we use DHL or POST NL services, which will sometimes require you to pick up your parcel from the post office or sorting office. Please note that we cannot resend the goods or refund money for the lost parcels until at least 15 working days have elapsed after placing the order. We are not responsible for any losses or any other consequences caused by delays in delivery.

10. CHANGES IN ORDERS

Once an order has been placed, we cannot add anything to it or combine it with another order. The only change we can make for you is to correct the spelling errors in the delivery address or cancel the order completely if it has not been sent yet.

11. RETURNS, DAMAGED GOODS AND CANCELLATION

11.1 RETURN POLICY

If you change your mind and want to return the goods (beauty products, self-massage accessories, or clothing), you must notify us of your intention within 14 days of receiving your order. Please note that for reasons of hygiene, we can only accept unopened and unused items for return, provided that they are returned to us in a re-saleable condition and within 14 days of receiving your order. All refund costs will be paid by the customer. Also note the section «REFUND EXCEPTIONS» below.

After purchasing a video course, you get access to all parts of the video course at once and the money is not returned.

11.2 DAMAGED / INCORRECT GOODS

We must be notified of incorrect, missing or damaged products within 3 days of receipt. We have no liability for goods damaged in transit, although we may send you a replacement at our discretion.

11.3 All orders are thoroughly checked before they are shipped and marked to minimize the risk of missing the product in your package. Please check your package carefully before calling to report a missing product; small items may get lost in the unlocked load used to ensure the safety of your products en route. You will have to return the products in a re-saleable condition and at your own expense.

12. CANCELLATION

You can cancel your order at any time before shipping. Cancellations after sending the order must be made within 14 days of receipt. You will have to return the products in a re-saleable condition and at your own expense (see the section «RETURN POLICY» above).

12.1 REFUND EXCEPTIONS

We will not refund bank commission (for NL orders), and the appropriate commission for international orders will NOT be refunded.

Also, the cost of sending the goods in both directions (delivery and return to the seller), including repackaging and postage, is deducted from the amount to be refunded.

13. IMPROPER USE

We are not responsible for the improper use of our products. The customer is responsible for the use of the products at own discretion. We are not responsible for any damage or defects in the product resulting from improper storage or use by the customer. We are not responsible for any loss or consequential damage resulting from the delivery of the product.

14. PRODUCT STORAGE

All products are thoroughly checked before shipping to the customer. We cannot be held responsible for product deterioration due to improper storage conditions, such as exposure to direct sunlight, frost, humidity or heat, etc. The customer must ensure that the products are stored in cool and dry conditions (for example, often bathroom windowsills, as well as creams or products placed on them, are exposed to direct sunlight).

15. EXPIRATION DATE

We do not use chemical preservatives such as parabens or phenoxyethanol in our products. All the ingredients used in our products are of natural origin with minimal processing. The expiration date of our products is at least 2 years and 6-12 months from the date of opening the package. Like any cosmetic product, our products are best kept away from the sun or heat. Please avoid stockpiling - just like with fresh food, it is best to buy only what you are likely to use for a few months.

16. HEALTH AND SAFETY

We are not responsible for the improper use of our products. The customer is responsible for the use of the products at own discretion and for checking with the professional if there is any doubt. Pregnant women and those taking medication are strongly advised to check the suitability of our products with their physicians. We advise new customers and people with sensitive skin to choose our products for sensitive skin and odorless products, where applicable.

Making a purchase of CREAM.LY products, you accept the terms that you are responsible for any use of the products if you are intolerant or allergic to one of the components in the products. CREAM.LY also does not return the cost of the product if there is an individual intolerance. Therefore, we strongly recommend that you carefully study the list of ingredients and do a 24-patch test on a small area of skin before active application. If there is an intolerance/allergy to one of the ingredients - do not use the products!

17. WEBSITE CONTENT, COPYRIGHTS AND TERMS OF USE

The Website is owned and offered by CREAM.LY to you, the user, conditioned upon your acceptance without modification of the terms and conditions set forth herein (“Terms of Use”). Access and use of the Website is subject to these Terms of Use and all applicable laws, statutes, and regulations. CREAM.LY may revise these Terms of Use from time to time without further notice by updating this posting. Continued access to the Website by you will constitute your acceptance of these Terms of Use and any applicable revisions.

17.1 WEBSITE CONTENT

The information provided at the Website is not intended to provide medical advice. You should not construe cream.ly publication of any content on the Website as any warranty or guarantee of any strategy, recommendation, treatment, action or application of any product. Users of the Website should be aware that no regulatory agency has deemed the products described herein to be effective or intended to diagnose, treat, cure or prevent any disease.

17.2 CONTENT COPYRIGHTS

It is the policy of CREAM.LY to enforce its intellectual property rights to the fullest extent permitted under law. The entire contents of the Website, including but not limited to any associated text, software, photos, video, graphics, audio and other materials, are protected by international copyright and trademark laws. CREAM.LY owns or licenses the copyrights to all content on the Website and all of the trademarks, service marks, trade names, service names, trade dress and products on the Website (“Content”).

Except for accessing the Website in accordance with these Terms of Use for personal and internal purposes, you may not use, modify, copy, reproduce, republish, upload, post, transmit, decompile, reverse engineer, disassemble, distribute or otherwise exploit any of the Content, in whole or in part, without the express written permission of CREAM.LY or, in the case of content licensed by CREAM.LY from third parties, the entity that is credited as the copyright holder of such licensed content.
Except as set forth above, nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content without the written permission of CREAM.LY. Any and all rights not expressly granted herein are reserved by CREAM.LY. The Website and the information contained and referenced herein are for informational purposes only.

Request for permission to reproduce any information contained on the Website should be addressed to CREAM.LY at the address listed on our website.

17.3 WEBSITE USAGE RESTRICTIONS

You agree not to use the Website or the Content to:

(a) restrict or inhibit others from using and enjoying the Website;
(b) gain unauthorized access to other accounts on the Website, or other computer systems or networks;
(c) store, collect or disclose any information except as strictly necessary to use the Website; or
(d) impersonate or otherwise misrepresent any person or entity, or make false or misleading indications of origin or fact.

17.4 CONTENT TRANSMISSION OR UPLOAD RESTRICTIONS

You agree not to use the Website or the Content to transmit or upload:

(a) unauthorized advertising, promotional materials, junk mail, “spam,” chain letters or any other form of unauthorized solicitation;
(b) any material that violates or infringes the rights of third parties;
(c) any virus or any programs or component designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
(d) any material that is unlawful, threatening, abusive, harmful, harassing, defamatory, tortuous, hateful, racially, ethnically or otherwise objectionable, obscene, sexually explicit or indecent.

17.5 RESPONSIBILITIES OF THE PARTIES

Without limiting the foregoing, you agree to comply with all applicable laws, rules and regulations that apply to your use of the Website.

You, and not CREAM.LY, shall be responsible for ensuring that your use of the Website and Content does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, but not limited to, EU law regarding the transmission of technical data. You agree to obey the requirements, procedures and policies of computer systems connected to the Website.

CREAM.LY shall have the right, but not the obligation, to monitor or review your conduct on the Website. While CREAM.LY is pleased to receive feedback, comments and ideas from visitors to the Website, any information that you submit through the Website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy). Please read the Privacy Policy before submitting personal information to CREAM.LY. Your submission of personal information to CREAM.LY constitutes your acceptance of all the terms of the Privacy Policy. If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the Website, you hereby grant CREAM.LY an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that CREAM.LY is free to use them for any purpose.

17.6 REGISTRATION DATA

In consideration of your use of the Website, you represent that you are at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, and you agree to provide accurate and complete information about yourself as requested in any order or account registration form (the “Registration Data”).

If CREAM.LY suspects that your Registration Data is inaccurate or incomplete, CREAM.LY may suspend or terminate your account. The Website may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to children (persons under the age of 18). If you are under the age of 18, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you do not qualify, do not use the Website.

17.7 PRIVACY

Privacy and security of your personal information is our priority. CREAM.LY is committed to protecting your privacy. We use the information you provide to fulfill orders, inform you about the progress of your order, and send you additional information. If you register your email with us to receive our newsletter or new product updates, your email address will not be shared with third parties. Additional information is provided on the «Privacy Policy page».

THIS WEBSITE AND ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE, ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND.