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Effective date: 24 May, 2024
These Terms are a legal agreement between Coty Operations B.V., located at Buitenveldertselaan 5, 1082 VA Amsterdam, Netherlands, on behalf of itself and its subsidiaries and affiliates (“Orveda,” “us,” “our” and “we”) and you and, if applicable, the entity or person on whose behalf you are entering into these Terms (also referred to as “your”).
PLEASE READ THESE TERMS (“Terms”) CAREFULLY. BY CLICKING THE BOX AND/OR USING THIS WEBSITE, EU.ORVEDA.COM (“Website”), AND/OR PLACING AN ORDER ON THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT CLICK THE BOX OR ACCESS THIS WEBSITE OR PLACE AN ORDER.
We recommend that you print or otherwise download and save a copy of these Terms for your records, as well as any future versions of them, as we may update them from time to time. You can download a printable copy of these Terms here.
The Website is provided for users in and shipments to the European Union. For users in the United Kingdom, please visit our site at: https://uk.orveda.com/. For users in the United States, please visit our site at: https://us.orveda.com/.
IMPORTANT NOTE
Please read these Terms carefully, including the sections titled “RIGHT TO CANCEL; RETURNS; REFUNDS”, “PRICE AND PAYMENT”, “EXCLUSIONS AND LIMITATIONS OF LIABILITY”, “INDEMNIFICATION”, AND “DISCLAIMERS”. These provisions impact your ability to cancel or return orders and limit our liability to you.
YOU MAY NOT ACCESS THIS SITE OR ORDER PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE LEGAL AGE TO FORM A BINDING CONTRACT WITH ORVEDA, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS OR PRODUCTS BY APPLICABLE LAW.
1. OUR DETAILS
Coty Operations B.V. operates the Website and sells goods and services.
Coty Operations B.V. is a company registered in Amsterdam with a registered office at Buitenveldertselaan 5, 1082 VA Amsterdam, Netherlands.
Our company registration number is 76066223 and our registered VAT number is NL860495371B01.
Our contact email address is [email protected].
2. YOUR RESPONSIBILITY FOR OTHERS WHO ACCESS OUR WEBSITE USING YOUR DEVICE
You must ensure that any persons who access our Website on your computer(s) or device(s), or who are permitted or able to access our Website on your computer(s) or device(s) are aware of these Terms and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms. If for any reason whatsoever, such persons do not agree to these Terms or do not wish to be bound by them, they must not access or use our Website, and you must not permit them to do so.
3. OTHER DOCUMENTS GOVERNING YOUR USE OF OUR WEBSITE
We provide this Website to you subject to these Terms as well as:
4. CHANGES TO THESE TERMS
We reserve the right to update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Website and all orders placed thereafter.
If you use the Website or place an order after we post a revised version of these Terms, your order will be governed by the revised Terms. You can find out whether these Terms have been revised since your last visit to this Website by looking at the effective date at the top of these Terms.
You must check these Terms each time you access our Website in order to ensure that you are aware of the terms that apply to you at that time.
5. YOUR ACCOUNT DETAILS
Access to and use of certain functionalities and features of the Website may require you to register for a user account (“Account”) with us. Accounts are intended for individual, personal, non-commercial use. If you decide to register an Account with us, you will provide us certain information to create and access your Account. You agree to provide us with accurate, complete and current information about yourself during Account registration and at all other times, including, without limitation, when you place an order, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you place an order. You agree to keep your log-in information confidential and to not authorize any third party to use your Account. You agree that you will not solicit, collect or use the login credentials of other individuals, and you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use. We prohibit the creation of, and you agree that you will not create, an Account for anyone other than yourself. We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your Account or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your registration for any reason or for no reason at any time, as determined in our sole discretion.
6. INTELLECTUAL PROPERTY
All trademarks, service marks, trade names, logos, copyright and other intellectual property rights displayed on or used in our Website as well as its contents, features, and functionalities are either owned by us or licensed to us. All such rights are protected by European Union and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights law laws, and all rights are reserved. Any use of the Website and its contents, other than as specifically authorized herein, is strictly prohibited.
Any trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our Website (collectively, “Third Party Mark(s)”) are owned by their respective owners. Display of Third Party Marks on the Website does not indicate endorsement by or affiliation of Orveda with such third party owner.
Except as expressly provided in these Terms, nothing in these Terms or on or via the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our or any Third Party Marks that are displayed on or via the Website, without the respective owner’s prior written permission, in each instance.
7. CONTENT ON OUR WEBSITE
The content on our Website is provided for your personal, private and non-commercial use only. You may print or share the content from our Website for lawful personal, private and non-commercial purposes. You may not otherwise extract, reproduce, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or distribute the content of our Website without our prior written consent, except as follows:
You must not:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Our Website is made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not warrant the accuracy, completeness, or usefulness of this information. This Website may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible or liable to you or any third party for the content or accuracy of any third party materials.
The content on our Website is not intended to be construed as advice. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
9. CONSULTATION SERVICES
The Website may offer skincare consultation services with an Orveda beauty advisor either online (by video chat) or in person (at our concessions in selected stores, subject to local availability). Consultation services are free of charge and there is no obligation to purchase products in order to use or take part in the consultation services.
You acknowledge and agree that consultation services are solely for the purpose of introducing you to our product range and do not constitute medical advice. Consultation services are not intended to diagnose, treat, cure or prevent any condition or disease. You should review the ingredients and instructions for products prior to use. Consultation services are not available and should not be used by minors.
By booking a consultation service, you agree to comply with the following code of conduct:
You agree that we and the consultant reserve the right to terminate any consultation if the code of conduct is violated or any other lawful reason.
You may schedule consultation services using the appointment booking tool on the website. If you book an online consultation services appointment, we will send you a confirmation email with a video chat link, a cancellation link and a rescheduling link. If you book an in-person appointment, we will send you an appointment confirmation email with a cancellation link and a rescheduling link. You may cancel or reschedule a booked appointment at any time by following the proper link or by emailing us at [email protected].
Following your consultation, we may send you an email with an overview of the products and beauty routine you discussed with your Orveda beauty advisor.
We will only use your personal information in relation to the consultation services in accordance with our Privacy Policy.
10. PROHIBITED USES OF OUR WEBSITE
You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our Website or any part of it, our systems, any of our hardware or equipment or any networks on which our Website is hosted, any software that we use to create or modify the Website or to make the Website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.
You must use our Website for lawful purposes only and in accordance with these Terms. You must not use our Website:
11. GEOGRAPHIC RESTRICTIONS
The Website is provided for users in the European Union. Although it may be possible to access the Website from other countries, we make no representation that our Website is compliant with any legal requirements in force in any jurisdiction other than the European Union, or that the content available on the Website will be appropriate for users in other countries or states. If you access the Website from outside the European Union, you do so on your own initiative and are responsible for compliance with local laws.
12. LINKS TO OTHER WEBSITES
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We are not responsible for the content of any websites accessible via any link(s) on our Website (“Linked Sites”). We do not endorse or sponsor any Linked Sites or the information, products, or services contained on any Linked Sites. Linked Sites are governed by their own terms of use and privacy policies. You may need to use or obtain additional products or services in order to use the Linked Sites, such as a mobile device, internet access, and a data connection. You must obtain or use these products or services separately and pay all associated charges (including for internet access or other data transmission). All content on Linked Sites is outside of our control, and we do not represent or warrant that such content is related to us or our Website, suitable or appropriate for use or viewing, lawful or accurate.
13. TEXT MESSAGES
By providing us with your cell phone number (including as part of your Account), you agree to receive autodialed and pre-recorded, non-marketing, service-related text messages from or on behalf of us at the phone number provided. You further agree to receiving autodialed and pre-recorded text messages from or on behalf of us at the number provided for marketing or promotional purposes.
Message and data rates may apply. The frequency of text messages that we send to you depends on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. Text message services are provided on an “as is” basis and may not be available in all areas at all times. If you do not wish to continue receiving text message, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out. You may receive an additional mobile message confirming your decision to opt out.
BY AGREEING TO RECEIVE TEXT MESSAGES, YOU UNDERSTAND AND AGREE THAT WE MAY USE AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR ANY GOODS OR SERVICES.
14. PRODUCT PURCHASES
Please make sure to select your country of delivery and your preferred currency for payment before browsing to ensure the correct information is displayed on the screen.
To place an order for products on the Website, you should press the ‘complete order’ button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
At the checkout you will be given an opportunity to review your order, including the delivery address, to make any amendments prior to placing an order.
You will receive an order confirmation email detailing the products you have ordered. This email does not constitute our acceptance of your order. Order acceptance will take place on the shipment of your products ordered.
If we are unable to accept your order, we will inform you of this via email and will not charge you for the product. If we have taken payment prior to non-acceptance of your order then we will refund you, but please note that it can take up to 7 business days for the bank to transfer the funds to you. Non acceptance of an order may be because, but is not limited to, the following:
We will assign an order number to your order. It will help us if you can tell us the order number whenever you contact us about your order.
The transaction will be concluded in English.
The Website is intended solely for Orveda to sell Orveda products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of an Orveda product by someone who resells, or intends to resell, the Orveda product to others (consumers, businesses or any third party). If Orveda believes you are involved in purchase for resale, Orveda reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your Account.
15. OUR PRODUCTS
All orders are subject to acceptance and availability, which may vary depending on the shipping destination. Each product purchased is sold subject to its product description. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct, however, we cannot guarantee the Website’s accuracy and we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
The images of the products on our Website are for illustrative purposes only. Your product and its packaging may vary slightly from its advertised images on the Website, as a result of your device’s display of color.
If you have any questions or complaints about any product, please contact our customer service team at [email protected].
16. CHANGING YOUR ORDER
Due to the nature and speed involved with the Orveda fulfilment process, once your order has been placed and either payment processed or order shipped from our warehouse (whichever occurs first), we will be unable to change the details of your order (such as delivery address, product types or quantity). This in no way affects your legal right to cancel, as provided herein. If you have any questions, please contact our customer services team at [email protected].
For unwanted products, you’ll need to follow our cancellation procedure set forth herein and if you would like to add products to an order, you will need to place a new order.
17. DELIVERY
Introduction
General Provisions Applicable to Any Order
The list of countries that we and Global-e currently deliver to will be displayed during the check-out process. Delivery lead times will vary according to destination and will be confirmed to you once the product is shipped.
Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. If we are unable to ship products within the time specified or, if none, thirty (30) days of a properly completed order, we may request your consent to a delay in shipping. Absent this consent or if requested by you in response to the consent request, we will cancel your order and provide a refund, including shipping fees, within seven (7) working days.
It is your responsibility to provide us with a complete and accurate delivery address information. We will not be liable if you supply us with incomplete or inaccurate information.
You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. The costs of delivery will be as displayed to you on our Website before you finalize your order, please check these carefully, you consent to this charge when you submit your order.
U.S. Orders, UK Orders, and Germany Orders
When your product is shipped from our warehouse we will send you a dispatch confirmation email. Please note that products may arrive in separate parcels and may require a signature. The estimated delivery time will be stated in your dispatch confirmation email.
A product will be your responsibility from the time we deliver the product to the address you gave us. The risk of loss and title for products purchased pass to you upon delivery.
Global-e Orders
The purchase is subject to Global-e’s terms and privacy policy (“Global-e Terms and Policies”). Please note that Global-e may amend the Global-e Terms and Policies from time to time;
You will see that your payment method is charged by Global-e;
Global-e’s policy for VAT variations and rounding up could add additional costs to the item and/or delivery price. The final amount will be displayed in the transaction order summary. Delivery pricing will be converted to your selected currency at checkout; and
Any further email communication after the initial order acknowledgment regarding your International Order shall be done by Global-e. Once your order has been dispatched, Global-e will send you a shipment confirmation email with tracking details.
18. RIGHT TO CANCEL; RETURNS; REFUNDS
When you buy products online, you have the rights detailed below. If you reside within the EU, you are entitled to these rights under the EU Directive on Consumer Rights 83/2011.
Except for any products designated on the website as non-returnable, we may accept a return of the products purchased on the Website for a refund of your purchase price, less the original shipping and handling costs (if any), provided such return is made within 14 days of delivery and provided such products are returned in their original condition and original packaging (i.e., sealed and unopened), as determined in Orveda’s sole discretion. Please note that you do not have a right to cancel in respect of cosmetic products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them. If you received a gift with purchase, you are obligated to return the gift along with your qualifying items otherwise your return will not be accepted.
To initiate a return:
The Orveda Concierge may request additional information to confirm the disposition of the product and if approved for return, will send a product return shipping label.
Note, you will not be reimbursed for the cost(s) of return shipping. Reimbursement will occur after we receive your returned product, undamaged. Our customer service team may be unable to assist you with any questions you have about the status of your return.
You may entitled to a refund in the event that the product arrives damaged. This does not affect your statutory rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded. To request a refund, you must contact our customer service team by writing to us at [email protected] within forty-eight (48) hours of delivery. We may request photos of the product and a copy of your confirmation email.
Any refunds will be issued based on the original form of payment in the currency used to pay for the original transaction. If you paid via bank transfer you need to give this information to our customer service staff when you initiate the return so that we can refund the money directly to your account.
For any requests for refund, you must contact our customer service team by writing to us at [email protected] including details of: your name; your address; the order number and reason for request; your phone number; and your email address.
Orveda does not accept returns of products purchased on this Website at any standalone stores, department stores, spas, or concession locations.
19. OUR ONLINE STORE
Our store is hosted on Shopify Inc. (“Shopify”). It provides us with our online e-commerce platform that allows us to sell our products to you. Shopify will process your order request and your payment; please see Section 20 below for more information regarding payments. By submitting your order, you agree to Shopify processing your order.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. For more information, please see our Privacy Policy. You should also read Shopify’s Privacy Statement (https://www.shopify.com/legal/privacy).
20. PRICE AND PAYMENT
The price of the product (which includes VAT) will be the price indicated on the email acknowledgment sent by us on completion of your order online. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced online.
Product prices shown on the Website are in Euros (inclusive of VAT) and are valid and effective only in the European Union. Product prices shown on the Website may change from time to time. Such prices do not include shipping and handling costs.
If you choose to pay using a payment card with a currency denominated account that is different from the currency of your order, additional charges and foreign exchange differences may apply. These charges and exchange rates applied are beyond our control.
Local import duties and additional charge may be payable by you on receipt depending on the location of delivery. You are responsible for any import duties and clearance fees (where applicable) in your country and to check the duties and clearance fees with your local authorities.
You can find the available payment methods during the checkout process. We accept payment with Klarna, Visa, Mastercard, American Express, Paypal, Apple Pay, Google Pay and Shop Pay. Credit card payment, including recurring charges, are handled through third party payment processors. These third party payment processors will collect and retain your credit card information in order to process your payment. For more information, please review our Privacy Policy.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
Full payment is due upon order placement and you will be charged when you press the 'pay now’ button at the end of the checkout process, unless we are unable to accept your order as set forth in Section 14.
By placing your order and making an offer to buy a product, you authorize us and Shopify to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports, e.g., in order to authenticate your identity.
You represent and warrant that (i) the credit card information you supply is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
You acknowledge that International Orders are subject to Global-e’s terms and conditions and privacy policy (“Global-e Terms and Policies”). Please note that Global-e may amend the Global-e Terms and Policies from time to time. We refer to Section 17 for more information on the delivery, taxes and additional charges related to International Orders.
21. PRODUCT RESTRICTIONS
There may be instances where due to restrictions (legal or otherwise) or practices in relation to a product, we are prevented from being able to deliver it to you. We shall not be held liable in relation to any product that we are unable to sell or deliver to you as a result of such restrictions. In the event that a restriction is enforced after you have placed your order with us, we will do our utmost to notify you as soon as reasonably practicable.
22. DISCOUNT CODES
We may offer discount codes applicable to certain products or orders on the Website during a given time period. Each discount code may have separate applicable promotional terms. Unless otherwise stated in applicable separate promotional terms: (i) you may only use one discount code per order; (ii) discount codes cannot be applied to previous orders and cannot be redeemed for cash or combined with any other promotions or offers; (iii) discount codes do not apply to sales tax, shipping or return costs; and (iv) discount codes are not valid for resale. We reserve the right to reject or cancel any orders where the above or applicable promotional terms are violated. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
23. PROMOTIONS
From time to time, we may offer you the opportunity to participate in challenges or other promotions (collectively, “Promotions”). You may not transfer, assign, sell, trade or barter any prize, premium of other benefit you receive through a Promotion. ANY PRIZE, PREMIUM, OR OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM ORVEDA, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials. We may disqualify any individual who tampers with any Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to be bound by our decisions, which are final and binding in all matters relating to Promotions. Promotions are subject to all applicable federal, state and local laws, rules and regulations. Promotions are void where they are prohibited, restricted or taxed.
BY PARTICIPATING IN A PROMOTION, YOU AGREE TO RELEASE ORVEDA, ITS AFFILIATES AND ITS AGENTS FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE OR MISUSE OF ANY PRIZE OR PREMIUM THAT YOU MAY RECEIVE.
24. REVIEWS
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sub-licensees the right to use the name that you submit in connection with such content, if we so choose.
You represent and warrant that the content and material of any review submitted is accurate and will not cause injury to any person or entity (and that the content or material is not defamatory or discriminatory in any way).
25. DELAY AND EVENTS BEYOND OUR CONTROL
We will not be responsible to you for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause beyond our reasonable control. Nothing in this section limits your statutory rights or rights under Section 18.
26. EXCLUSIONS AND LIMITATIONS OF LIABILITY
We do not exclude our liability to you where it would be unlawful to do so. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.
SUBJECT TO THE FOREGOING PARAGRAPH, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE), COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:
AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.
WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY A TECHNOLOGY OR SOFTWARE UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.
To the extent that any of the provisions of this section are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.
27. INDEMNIFICATION
You (and also any third party for or on behalf of whom you operate an Account or activity on the Website) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Website or those conducted on your behalf):
You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.
28. DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE PROVIDED ON A TIMELY, RELIABLE OR SECURE BASIS, OR IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
29. AGE RESTRICTIONS ON USE OF OUR WEBSITE
By using this Website, you represent that you are at least the age of majority in your country, state or province of residence.
30. SUSPENSION AND TERMINATION
We reserve the right to suspend or terminate access to or withdraw or modify all or part of the Website or your Account for any reason without notice, including for business or operational reasons, such as improving the appearance or functionality of the Website, content updates, periodic maintenance, or to resolve any issues that we become aware of. You may terminate your Account or your use of the Website at any time.
Termination will not limit any of our other rights or remedies. The sections titled Intellectual Property, Indemnification, Exclusions and Limitations of Liability, Disclaimers, Arbitration, Governing Law, and General and any other provision that is intended to survive termination shall survive termination of these Terms or your access to the Website or Account.
We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS ORVEDA AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
31. NOTICES
We may give you all required notices (including legal process) by any lawful method, including by posting notices on the Website or by sending it to any email address that you provide to us. You agree to send us notices by email to [email protected] or by mailing them to the following address:
Coty Operations B.V.
Buitenveldertselaan 5, 1082 VA
Amsterdam, Netherland
32. GOVERNING LAW
These terms are governed by English law and you can bring legal proceedings in respect of the products in your local courts. Notwithstanding this choice of law, if you are a consumer, you shall be entitled to the protection afforded to you by the mandatory law of the country of your residence.
33. GENERAL
If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. You and Orveda intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Orveda agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Any list of examples following "including" or "e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely”. Orveda may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your Account, to the Website, or under these Terms. No waiver by Orveda shall be construed as a waiver of any proceeding or succeeding breach of any provision. These Terms (including any incorporated terms or policies) constitute the entire agreement between you and Orveda with respect to your Account, the Website and your transaction for the purchase of products. Both you and Orveda warrant to each other that, in entering these Terms, neither Orveda nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Orveda, or Orveda’ successors and permitted assigns, will have any right to enforce any of these Terms.
Effective date: 24 May, 2024
These Terms are a legal agreement between Coty Operations B.V., located at Buitenveldertselaan 5, 1082 VA Amsterdam, Netherlands, on behalf of itself and its subsidiaries and affiliates (“Orveda,” “us,” “our” and “we”) and you and, if applicable, the entity or person on whose behalf you are entering into these Terms (also referred to as “your”).
PLEASE READ THESE TERMS (“Terms”) CAREFULLY. BY CLICKING THE BOX AND/OR USING THIS WEBSITE, EU.ORVEDA.COM (“Website”), AND/OR PLACING AN ORDER ON THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT CLICK THE BOX OR ACCESS THIS WEBSITE OR PLACE AN ORDER.
We recommend that you print or otherwise download and save a copy of these Terms for your records, as well as any future versions of them, as we may update them from time to time. You can download a printable copy of these Terms here.
The Website is provided for users in and shipments to the European Union. For users in the United Kingdom, please visit our site at: https://uk.orveda.com/. For users in the United States, please visit our site at: https://us.orveda.com/.
IMPORTANT NOTE
Please read these Terms carefully, including the sections titled “RIGHT TO CANCEL; RETURNS; REFUNDS”, “PRICE AND PAYMENT”, “EXCLUSIONS AND LIMITATIONS OF LIABILITY”, “INDEMNIFICATION”, AND “DISCLAIMERS”. These provisions impact your ability to cancel or return orders and limit our liability to you.
YOU MAY NOT ACCESS THIS SITE OR ORDER PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE LEGAL AGE TO FORM A BINDING CONTRACT WITH ORVEDA, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS OR PRODUCTS BY APPLICABLE LAW.
1. OUR DETAILS
Coty Operations B.V. operates the Website and sells goods and services.
Coty Operations B.V. is a company registered in Amsterdam with a registered office at Buitenveldertselaan 5, 1082 VA Amsterdam, Netherlands.
Our company registration number is 76066223 and our registered VAT number is NL860495371B01.
Our contact email address is [email protected].
2. YOUR RESPONSIBILITY FOR OTHERS WHO ACCESS OUR WEBSITE USING YOUR DEVICE
You must ensure that any persons who access our Website on your computer(s) or device(s), or who are permitted or able to access our Website on your computer(s) or device(s) are aware of these Terms and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms. If for any reason whatsoever, such persons do not agree to these Terms or do not wish to be bound by them, they must not access or use our Website, and you must not permit them to do so.
3. OTHER DOCUMENTS GOVERNING YOUR USE OF OUR WEBSITE
We provide this Website to you subject to these Terms as well as:
4. CHANGES TO THESE TERMS
We reserve the right to update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Website and all orders placed thereafter.
If you use the Website or place an order after we post a revised version of these Terms, your order will be governed by the revised Terms. You can find out whether these Terms have been revised since your last visit to this Website by looking at the effective date at the top of these Terms.
You must check these Terms each time you access our Website in order to ensure that you are aware of the terms that apply to you at that time.
5. YOUR ACCOUNT DETAILS
Access to and use of certain functionalities and features of the Website may require you to register for a user account (“Account”) with us. Accounts are intended for individual, personal, non-commercial use. If you decide to register an Account with us, you will provide us certain information to create and access your Account. You agree to provide us with accurate, complete and current information about yourself during Account registration and at all other times, including, without limitation, when you place an order, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you place an order. You agree to keep your log-in information confidential and to not authorize any third party to use your Account. You agree that you will not solicit, collect or use the login credentials of other individuals, and you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use. We prohibit the creation of, and you agree that you will not create, an Account for anyone other than yourself. We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your Account or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your registration for any reason or for no reason at any time, as determined in our sole discretion.
6. INTELLECTUAL PROPERTY
All trademarks, service marks, trade names, logos, copyright and other intellectual property rights displayed on or used in our Website as well as its contents, features, and functionalities are either owned by us or licensed to us. All such rights are protected by European Union and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights law laws, and all rights are reserved. Any use of the Website and its contents, other than as specifically authorized herein, is strictly prohibited.
Any trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our Website (collectively, “Third Party Mark(s)”) are owned by their respective owners. Display of Third Party Marks on the Website does not indicate endorsement by or affiliation of Orveda with such third party owner.
Except as expressly provided in these Terms, nothing in these Terms or on or via the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our or any Third Party Marks that are displayed on or via the Website, without the respective owner’s prior written permission, in each instance.
7. CONTENT ON OUR WEBSITE
The content on our Website is provided for your personal, private and non-commercial use only. You may print or share the content from our Website for lawful personal, private and non-commercial purposes. You may not otherwise extract, reproduce, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or distribute the content of our Website without our prior written consent, except as follows:
You must not:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Our Website is made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not warrant the accuracy, completeness, or usefulness of this information. This Website may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible or liable to you or any third party for the content or accuracy of any third party materials.
The content on our Website is not intended to be construed as advice. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
9. CONSULTATION SERVICES
The Website may offer skincare consultation services with an Orveda beauty advisor either online (by video chat) or in person (at our concessions in selected stores, subject to local availability). Consultation services are free of charge and there is no obligation to purchase products in order to use or take part in the consultation services.
You acknowledge and agree that consultation services are solely for the purpose of introducing you to our product range and do not constitute medical advice. Consultation services are not intended to diagnose, treat, cure or prevent any condition or disease. You should review the ingredients and instructions for products prior to use. Consultation services are not available and should not be used by minors.
By booking a consultation service, you agree to comply with the following code of conduct:
You agree that we and the consultant reserve the right to terminate any consultation if the code of conduct is violated or any other lawful reason.
You may schedule consultation services using the appointment booking tool on the website. If you book an online consultation services appointment, we will send you a confirmation email with a video chat link, a cancellation link and a rescheduling link. If you book an in-person appointment, we will send you an appointment confirmation email with a cancellation link and a rescheduling link. You may cancel or reschedule a booked appointment at any time by following the proper link or by emailing us at [email protected].
Following your consultation, we may send you an email with an overview of the products and beauty routine you discussed with your Orveda beauty advisor.
We will only use your personal information in relation to the consultation services in accordance with our Privacy Policy.
10. PROHIBITED USES OF OUR WEBSITE
You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our Website or any part of it, our systems, any of our hardware or equipment or any networks on which our Website is hosted, any software that we use to create or modify the Website or to make the Website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.
You must use our Website for lawful purposes only and in accordance with these Terms. You must not use our Website:
11. GEOGRAPHIC RESTRICTIONS
The Website is provided for users in the European Union. Although it may be possible to access the Website from other countries, we make no representation that our Website is compliant with any legal requirements in force in any jurisdiction other than the European Union, or that the content available on the Website will be appropriate for users in other countries or states. If you access the Website from outside the European Union, you do so on your own initiative and are responsible for compliance with local laws.
12. LINKS TO OTHER WEBSITES
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We are not responsible for the content of any websites accessible via any link(s) on our Website (“Linked Sites”). We do not endorse or sponsor any Linked Sites or the information, products, or services contained on any Linked Sites. Linked Sites are governed by their own terms of use and privacy policies. You may need to use or obtain additional products or services in order to use the Linked Sites, such as a mobile device, internet access, and a data connection. You must obtain or use these products or services separately and pay all associated charges (including for internet access or other data transmission). All content on Linked Sites is outside of our control, and we do not represent or warrant that such content is related to us or our Website, suitable or appropriate for use or viewing, lawful or accurate.
13. TEXT MESSAGES
By providing us with your cell phone number (including as part of your Account), you agree to receive autodialed and pre-recorded, non-marketing, service-related text messages from or on behalf of us at the phone number provided. You further agree to receiving autodialed and pre-recorded text messages from or on behalf of us at the number provided for marketing or promotional purposes.
Message and data rates may apply. The frequency of text messages that we send to you depends on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. Text message services are provided on an “as is” basis and may not be available in all areas at all times. If you do not wish to continue receiving text message, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out. You may receive an additional mobile message confirming your decision to opt out.
BY AGREEING TO RECEIVE TEXT MESSAGES, YOU UNDERSTAND AND AGREE THAT WE MAY USE AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR ANY GOODS OR SERVICES.
14. PRODUCT PURCHASES
Please make sure to select your country of delivery and your preferred currency for payment before browsing to ensure the correct information is displayed on the screen.
To place an order for products on the Website, you should press the ‘complete order’ button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
At the checkout you will be given an opportunity to review your order, including the delivery address, to make any amendments prior to placing an order.
You will receive an order confirmation email detailing the products you have ordered. This email does not constitute our acceptance of your order. Order acceptance will take place on the shipment of your products ordered.
If we are unable to accept your order, we will inform you of this via email and will not charge you for the product. If we have taken payment prior to non-acceptance of your order then we will refund you, but please note that it can take up to 7 business days for the bank to transfer the funds to you. Non acceptance of an order may be because, but is not limited to, the following:
We will assign an order number to your order. It will help us if you can tell us the order number whenever you contact us about your order.
The transaction will be concluded in English.
The Website is intended solely for Orveda to sell Orveda products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of an Orveda product by someone who resells, or intends to resell, the Orveda product to others (consumers, businesses or any third party). If Orveda believes you are involved in purchase for resale, Orveda reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your Account.
15. OUR PRODUCTS
All orders are subject to acceptance and availability, which may vary depending on the shipping destination. Each product purchased is sold subject to its product description. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct, however, we cannot guarantee the Website’s accuracy and we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
The images of the products on our Website are for illustrative purposes only. Your product and its packaging may vary slightly from its advertised images on the Website, as a result of your device’s display of color.
If you have any questions or complaints about any product, please contact our customer service team at [email protected].
16. CHANGING YOUR ORDER
Due to the nature and speed involved with the Orveda fulfilment process, once your order has been placed and either payment processed or order shipped from our warehouse (whichever occurs first), we will be unable to change the details of your order (such as delivery address, product types or quantity). This in no way affects your legal right to cancel, as provided herein. If you have any questions, please contact our customer services team at [email protected].
For unwanted products, you’ll need to follow our cancellation procedure set forth herein and if you would like to add products to an order, you will need to place a new order.
17. DELIVERY
Introduction
General Provisions Applicable to Any Order
The list of countries that we and Global-e currently deliver to will be displayed during the check-out process. Delivery lead times will vary according to destination and will be confirmed to you once the product is shipped.
Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. If we are unable to ship products within the time specified or, if none, thirty (30) days of a properly completed order, we may request your consent to a delay in shipping. Absent this consent or if requested by you in response to the consent request, we will cancel your order and provide a refund, including shipping fees, within seven (7) working days.
It is your responsibility to provide us with a complete and accurate delivery address information. We will not be liable if you supply us with incomplete or inaccurate information.
You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. The costs of delivery will be as displayed to you on our Website before you finalize your order, please check these carefully, you consent to this charge when you submit your order.
U.S. Orders, UK Orders, and Germany Orders
When your product is shipped from our warehouse we will send you a dispatch confirmation email. Please note that products may arrive in separate parcels and may require a signature. The estimated delivery time will be stated in your dispatch confirmation email.
A product will be your responsibility from the time we deliver the product to the address you gave us. The risk of loss and title for products purchased pass to you upon delivery.
Global-e Orders
The purchase is subject to Global-e’s terms and privacy policy (“Global-e Terms and Policies”). Please note that Global-e may amend the Global-e Terms and Policies from time to time;
You will see that your payment method is charged by Global-e;
Global-e’s policy for VAT variations and rounding up could add additional costs to the item and/or delivery price. The final amount will be displayed in the transaction order summary. Delivery pricing will be converted to your selected currency at checkout; and
Any further email communication after the initial order acknowledgment regarding your International Order shall be done by Global-e. Once your order has been dispatched, Global-e will send you a shipment confirmation email with tracking details.
18. RIGHT TO CANCEL; RETURNS; REFUNDS
When you buy products online, you have the rights detailed below. If you reside within the EU, you are entitled to these rights under the EU Directive on Consumer Rights 83/2011.
Except for any products designated on the website as non-returnable, we may accept a return of the products purchased on the Website for a refund of your purchase price, less the original shipping and handling costs (if any), provided such return is made within 14 days of delivery and provided such products are returned in their original condition and original packaging (i.e., sealed and unopened), as determined in Orveda’s sole discretion. Please note that you do not have a right to cancel in respect of cosmetic products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them. If you received a gift with purchase, you are obligated to return the gift along with your qualifying items otherwise your return will not be accepted.
To initiate a return:
The Orveda Concierge may request additional information to confirm the disposition of the product and if approved for return, will send a product return shipping label.
Note, you will not be reimbursed for the cost(s) of return shipping. Reimbursement will occur after we receive your returned product, undamaged. Our customer service team may be unable to assist you with any questions you have about the status of your return.
You may entitled to a refund in the event that the product arrives damaged. This does not affect your statutory rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded. To request a refund, you must contact our customer service team by writing to us at [email protected] within forty-eight (48) hours of delivery. We may request photos of the product and a copy of your confirmation email.
Any refunds will be issued based on the original form of payment in the currency used to pay for the original transaction. If you paid via bank transfer you need to give this information to our customer service staff when you initiate the return so that we can refund the money directly to your account.
For any requests for refund, you must contact our customer service team by writing to us at [email protected] including details of: your name; your address; the order number and reason for request; your phone number; and your email address.
Orveda does not accept returns of products purchased on this Website at any standalone stores, department stores, spas, or concession locations.
19. OUR ONLINE STORE
Our store is hosted on Shopify Inc. (“Shopify”). It provides us with our online e-commerce platform that allows us to sell our products to you. Shopify will process your order request and your payment; please see Section 20 below for more information regarding payments. By submitting your order, you agree to Shopify processing your order.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. For more information, please see our Privacy Policy. You should also read Shopify’s Privacy Statement (https://www.shopify.com/legal/privacy).
20. PRICE AND PAYMENT
The price of the product (which includes VAT) will be the price indicated on the email acknowledgment sent by us on completion of your order online. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced online.
Product prices shown on the Website are in Euros (inclusive of VAT) and are valid and effective only in the European Union. Product prices shown on the Website may change from time to time. Such prices do not include shipping and handling costs.
If you choose to pay using a payment card with a currency denominated account that is different from the currency of your order, additional charges and foreign exchange differences may apply. These charges and exchange rates applied are beyond our control.
Local import duties and additional charge may be payable by you on receipt depending on the location of delivery. You are responsible for any import duties and clearance fees (where applicable) in your country and to check the duties and clearance fees with your local authorities.
You can find the available payment methods during the checkout process. We accept payment with Klarna, Visa, Mastercard, American Express, Paypal, Apple Pay, Google Pay and Shop Pay. Credit card payment, including recurring charges, are handled through third party payment processors. These third party payment processors will collect and retain your credit card information in order to process your payment. For more information, please review our Privacy Policy.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
Full payment is due upon order placement and you will be charged when you press the 'pay now’ button at the end of the checkout process, unless we are unable to accept your order as set forth in Section 14.
By placing your order and making an offer to buy a product, you authorize us and Shopify to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports, e.g., in order to authenticate your identity.
You represent and warrant that (i) the credit card information you supply is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
You acknowledge that International Orders are subject to Global-e’s terms and conditions and privacy policy (“Global-e Terms and Policies”). Please note that Global-e may amend the Global-e Terms and Policies from time to time. We refer to Section 17 for more information on the delivery, taxes and additional charges related to International Orders.
21. PRODUCT RESTRICTIONS
There may be instances where due to restrictions (legal or otherwise) or practices in relation to a product, we are prevented from being able to deliver it to you. We shall not be held liable in relation to any product that we are unable to sell or deliver to you as a result of such restrictions. In the event that a restriction is enforced after you have placed your order with us, we will do our utmost to notify you as soon as reasonably practicable.
22. DISCOUNT CODES
We may offer discount codes applicable to certain products or orders on the Website during a given time period. Each discount code may have separate applicable promotional terms. Unless otherwise stated in applicable separate promotional terms: (i) you may only use one discount code per order; (ii) discount codes cannot be applied to previous orders and cannot be redeemed for cash or combined with any other promotions or offers; (iii) discount codes do not apply to sales tax, shipping or return costs; and (iv) discount codes are not valid for resale. We reserve the right to reject or cancel any orders where the above or applicable promotional terms are violated. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
23. PROMOTIONS
From time to time, we may offer you the opportunity to participate in challenges or other promotions (collectively, “Promotions”). You may not transfer, assign, sell, trade or barter any prize, premium of other benefit you receive through a Promotion. ANY PRIZE, PREMIUM, OR OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM ORVEDA, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials. We may disqualify any individual who tampers with any Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to be bound by our decisions, which are final and binding in all matters relating to Promotions. Promotions are subject to all applicable federal, state and local laws, rules and regulations. Promotions are void where they are prohibited, restricted or taxed.
BY PARTICIPATING IN A PROMOTION, YOU AGREE TO RELEASE ORVEDA, ITS AFFILIATES AND ITS AGENTS FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE OR MISUSE OF ANY PRIZE OR PREMIUM THAT YOU MAY RECEIVE.
24. REVIEWS
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sub-licensees the right to use the name that you submit in connection with such content, if we so choose.
You represent and warrant that the content and material of any review submitted is accurate and will not cause injury to any person or entity (and that the content or material is not defamatory or discriminatory in any way).
25. DELAY AND EVENTS BEYOND OUR CONTROL
We will not be responsible to you for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause beyond our reasonable control. Nothing in this section limits your statutory rights or rights under Section 18.
26. EXCLUSIONS AND LIMITATIONS OF LIABILITY
We do not exclude our liability to you where it would be unlawful to do so. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.
SUBJECT TO THE FOREGOING PARAGRAPH, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE), COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:
AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.
WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY A TECHNOLOGY OR SOFTWARE UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.
To the extent that any of the provisions of this section are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.
27. INDEMNIFICATION
You (and also any third party for or on behalf of whom you operate an Account or activity on the Website) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Website or those conducted on your behalf):
You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.
28. DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE PROVIDED ON A TIMELY, RELIABLE OR SECURE BASIS, OR IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
29. AGE RESTRICTIONS ON USE OF OUR WEBSITE
By using this Website, you represent that you are at least the age of majority in your country, state or province of residence.
30. SUSPENSION AND TERMINATION
We reserve the right to suspend or terminate access to or withdraw or modify all or part of the Website or your Account for any reason without notice, including for business or operational reasons, such as improving the appearance or functionality of the Website, content updates, periodic maintenance, or to resolve any issues that we become aware of. You may terminate your Account or your use of the Website at any time.
Termination will not limit any of our other rights or remedies. The sections titled Intellectual Property, Indemnification, Exclusions and Limitations of Liability, Disclaimers, Arbitration, Governing Law, and General and any other provision that is intended to survive termination shall survive termination of these Terms or your access to the Website or Account.
We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS ORVEDA AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
31. NOTICES
We may give you all required notices (including legal process) by any lawful method, including by posting notices on the Website or by sending it to any email address that you provide to us. You agree to send us notices by email to [email protected] or by mailing them to the following address:
Coty Operations B.V.
Buitenveldertselaan 5, 1082 VA
Amsterdam, Netherland
32. GOVERNING LAW
These terms are governed by English law and you can bring legal proceedings in respect of the products in your local courts. Notwithstanding this choice of law, if you are a consumer, you shall be entitled to the protection afforded to you by the mandatory law of the country of your residence.
33. GENERAL
If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. You and Orveda intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Orveda agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Any list of examples following "including" or "e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely”. Orveda may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your Account, to the Website, or under these Terms. No waiver by Orveda shall be construed as a waiver of any proceeding or succeeding breach of any provision. These Terms (including any incorporated terms or policies) constitute the entire agreement between you and Orveda with respect to your Account, the Website and your transaction for the purchase of products. Both you and Orveda warrant to each other that, in entering these Terms, neither Orveda nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Orveda, or Orveda’ successors and permitted assigns, will have any right to enforce any of these Terms.
