Terms and conditions of use - Muxima

IN GENERAL   Muxima Bio BV (“Muxima”) owns and operates www.muxima.net (the “Website”). This document (together with the documents mentioned herein) governs your use of the Website…

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IN GENERAL

 
Muxima Bio BV (“Muxima”) owns and operates www.muxima.net (the “Website”). This document (together with the documents mentioned herein) governs your use of the Website and the purchase of products on it. Access to and use of this Website, the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. As these Terms of Service include important aspects that are applicable to you, please take your time to read them. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. This Website may contain links to other websites (the “Linked Sites”), which are not operated by www.muxima.net. www.muxima.net has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

 

OUR DETAILS

 
Sale of goods through this Website is carried out by Muxima Bio BV, a Dutch company with registered address atOmval 31 1096 AA Amsterdam, The Netherlands and with Tax ID NL853248631B01.

 

PRIVACY POLICY AND INFORMATION ABOUT COOKIES

 
Our privacy policy, which sets out how we will use your information, as well as information about cookies can be found at https://www.muxima.net/privacy/. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

 

PROHIBITIONS

 
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Muxima will report any such breach to the relevant law enforcement authorities and disclose your identity to them, in accordance with applicable laws and regulations.

To the maximum extent permitted by applicable law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

 

INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

 
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website is duly authorized or remains the property of www.muxima.net or its licensors and are protected by intellectual property laws and treaties around the world. All such rights are reserved by www.muxima.net and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise without our prior written consent.

 

TERMS OF SALE

 
You may freely consult the various pages of the Website, with no commitment to order. However, when you place an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with Muxima you must be over 18 years of age, or 21 years of age, accordingly to the applicable laws and regulations and possess a valid credit or debit card issued by a bank acceptable to us. Muxima retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Muxima or may in some cases be a third party. Where a contract is made with a third party Muxima is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply to you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

 

(a) Our Products

 
The products offered for sale on the Website are intended for your personal use, in no direct relation to your professional activity.  Furthermore, all the material and information regarding the products offered for sale on the Website is intended to be used for personal educational or informational purposes only.

The products offered for sale are those listed on the Website, on the date you consult the Website, within the limit of available stock and subject to these terms. Given the unique nature of the products available on the Website, we invite you to consult the section of “The Science” of the Website in order to be better acquainted with the same.

The images of the products on our Website are for illustrative purposes only. While every effort is made to ensure that the shade of our products for which photos are displayed on the Website is an accurate representation of the original products, variations may occur, in particular, due to technical limitations in reproducing color using information technology. The images that illustrate the products do not fall within the scope of your purchase and Muxima may not be held liable for errors or inaccuracies in photographs or graphics showing products that are presented on the Website.

The packaging of the products may slightly vary from that shown on images on the Website.

The statements made about the products have not been evaluated by any official entity and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through the Website are not intended to diagnose, treat, cure or prevent any condition or disease. The foregoing notwithstanding, clinical testing results of the products may be found here. If any minor uses any product from our Website it should be only after the legal or parental guardian has discussed the product with the minor’s doctor.

All products should be used strictly in accordance with their instructions, precautions and guidelines. Any and all materials used in relation to the products must be duly disinfected and/or sterilized. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice in any way. The Website is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Muxima does not give or intend to give any answers to medical related questions and the Website does not replace any medical professional or medical resource. Muxima does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website.

The products available on the Website, including any samples and/or merchandising (including but not limited to magazines, flyers and promotional postcards) Muxima may provide to you, are for your personal use only. You may not sell or resell any products, samples and/or merchandising you purchase or otherwise receive from Muxima. Muxima reserves the right, with or without notice, to cancel or reduce any items provided in connection with the products on a promotional basis (i.e. samples and/or merchandising).

(b) Our Contract

 
When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order: this email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us (the “Contract”) will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the Contract formed.

(c) Pricing and Availability

 
Products are subject to availability. If we are unable to supply you with a product, namely if said product is not in stock or no longer available, we will not process your order. No substitute product will be sent to replace the unavailable product and Muxima may not be held liable if any product is out of stock or unavailable. Furthermore, whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as canceled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total’.

You accept that Muxima has the right to modify the prices shown on the Website at any time. Be that as it may, the price of the products will be that of the tariffs in force when the order is recorded, subject to the available of such products. The tariff in force is that stated on the Website, unless there is a typographical error.

(d) Payment

 
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The amount received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the amount paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

You may use, as a payment method, the cards Visa, Mastercard, Discovery and American Express and PayPal.

(e) Return & Refund

 
If you are not entirely satisfied with your purchase, we’re here to help.

Returns

You have 14 (fourteen) calendar days to return an item from the date you received it.
To be eligible for a return, your item must be unused and in the same condition that you received it.

Your item must be in the original packaging.
Your item needs to have the receipt or proof of purchase.

Refunds

Once we receive your item, we will inspect it and notify you that we have received your returned
item. We will immediately notify you on the status of your refund after inspecting the item.
If your return is approved, we will initiate a refund to your credit card (or original method of payment).
You will receive the credit within a certain amount of days, depending on your card issuer’s policies.

 

TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS

 
The risk over the products purchased in this Website shall be your responsibility from the moment of delivery.

You will take ownership of the products referred-to in the preceding paragraph when we receive full payment of all amounts due in relation to the same, including delivery fees, or at the moment of delivery if that were to take place at a later time.

 

DISCLAIMER OF LIABILITY

 
To the maximum extent permitted by applicable law, our liability regarding any product acquired on the Website shall be limited strictly to the price of purchase of said product.

The foregoing notwithstanding, said liability shall not be waived nor limited in the following cases:

  1. In case of death or personal harm caused by our negligence;
  2. In case of fraud or fraudulent deceit; or
  3. In any case in which it was illegal or illicit to exclude, limit or attempt to exclude or limit our liability.

Notwithstanding the paragraph above and unless these terms indicate otherwise, to the maximum extent permitted under applicable law, we shall not accept any liability for the following losses, regardless of their origin:

  1. loss of income or sales;
  2. loss of business;
  3. loss of profits or contracts;
  4. loss of forecast savings;
  5. loss of data; and
  6. loss of management time or office hours.

Furthermore, to the maximum extent permitted by applicable law, we do not accept any liability resulting from the use of the products in a way that differs from that which is indicated / presented in their respective instructions and/or in any other documentation pertaining to them (namely, these Terms of Service).

Due to the open nature of the Website and the possibility of errors in storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained by means of this Website, unless otherwise indicated expressly.

All product descriptions, information and materials shown on the Website are provided “as is”, with no express or implied guarantees on the same, except those legally established. In this sense, as you are contracting as a consumer, we are obliged to deliver goods that are in conformity with the Contract, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the Contract if they: (i) comply with the description given by us and possess the qualities that we have presented on this Website, (ii) are fit for the purposes for which goods of the kind are normally used and (iii) show the quality and performance which are normal in goods of the same type and can which can reasonably be expected. We exclude all guarantees that are not mandatory under the terms of the applicable law.

The provisions of this clause shall not affect your rights as a consumer and user nor your right to cancel the Contract.

 

CUSTOMER REVIEWS

 

(a) Nature of the reviews

 
The option for customers to present their reviews on the Website is provided as a forum only. Muxima is not liable for any statements, representations, or content provided by its consumers in any forum on the Website or in any third party website, including without limitation through the “Customer Review” option. Any content, if displayed, is displayed for entertainment and informational purposes only. More generally, content posted via or on the Website or in any third-party sites is not controlled by Muxima. Muxima cannot guarantee the accuracy, integrity or quality of such content. Muxima shall not be liable for any such content and that the risk of harm or damage from the foregoing rests entirely with you.

(b) Your submission of reviews

 
By submitting reviews and/or any other type of content in the Website, you represent and warrant that:

  1. You understand you are participating in a public forum and that your reviews and/or content will be available to all other users of the Website and potentially third party sites;
  2. You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize Muxima to use all intellectual property and other rights thereto to enable inclusion and use of the reviews and/or content in the manner in connection with the Website);
  3. Any reviews and/or content that you post are accurate; do not cause injury to any person or entity.

You also represent and warrant that any reviews and/or content you submit:

  1. Is not false, inaccurate or misleading;
  2. Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
  3. Does not violate any obligations you may have with respect to such reviews and/or content under any law or under contractual or fiduciary relationships (such as but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  4. Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  5. Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
  6. Is not submitted for compensation or other consideration from any third party;
  7. Complies in all respects with these Terms of Service and our Privacy Policy.

 

LINKING TO THIS WEBSITE

 
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the homepage. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Website or Muxima and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Website or Muxima.

 

INDEMNITY

 
You agree to indemnify, defend and hold harmless Muxima, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

 

EVENTS BEYOND OUR CONTROL

 
Muxima will not be liable for any non-compliance or delay in compliance with any of the obligations we assume with you when caused by events that are beyond our reasonable control (“Force Majeure”).

Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

  1. Strike, lockout or other forms of protest.
  2. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
  3. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
  4. Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
  5. Inability to use public or private telecommunication systems.
  6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
  7. Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.

It shall be understood that our obligations deriving from the Contract are suspended during the period in which Force Majeure remains in effect, and we will be given an extension of the period in which to fulfill these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfill our obligations by virtue of the Contract despite the situation of Force Majeure.

 

VARIATION

 
Muxima shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

 

INVALIDITY

 
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

 

COMPLAINTS

 
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Moreover, in case of litigation, you, as a consumer, are entitled to make use of alternative dispute resolution mechanisms specifically designed for consumers. More information can be found at “Portal do Consumidor” www.consumidor.pt.

 

WAIVER

 
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

ENTIRE AGREEMENT

 
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Muxima with relation to the Website and its products. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Muxima.

 

APPLICABLE LEGISLATION AND JURISDICTION

 
The use of the Website and the Contract to purchase the relevant products through said Website shall be governed by Dutch legislation.

Any controversy that arises or is related to the use of the website or said contracts shall be subject to the non-exclusive jurisdiction of the Dutch courts.

Furthermore, as you are entering into the Contract as a consumer, nothing in this clause shall affect the rights that you have, as recognized in any applicable legislation in effect.

 

CONTACT US

 
Should you wish to contact us for information, general queries or because you have any complaints with reference to www.muxima.net, you can do so in writing to the following address: [email protected].

Upon the moment of your contact, please include details of your order to help us to identify it, including your order reference number.