Terms of service

Agreement to be Legally Bound by Terms

By accessing or using the websites, mobile applications or blogs (collectively, the “Site”) provided by MedPass Technology B.V. or our subsidiaries or affiliates (herein referred to as “MedPass,” “we”, “us” or “our”), including, without limitation, pursuant to which we offer our exclusive cosmetic products or other products for the purchase (the “Products”), you agree to be bound by the terms and conditions contained by this Agreement and all other terms incorporated herein by reference.

Subject to applicable law, MedPass reserves the right, in its sole and absolute discretion, to modify all or any portion of this Agreement at any time without incurring any liability or obligation whatsoever to you or any other person or entity. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Service” link on the Site. You should periodically visit this page to review the current Agreement so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Agreement, do not use or access (or continue to use or access) the Site.

The nullity of a contractual clause does not entail the nullity of the Terms and Conditions of this agreement. The temporary or permanent non-application of one or more clauses of the Terms and Conditions by MedPass shall not constitute a waiver on his part of the other clauses of the Terms and Conditions which continue to produce their effects.

1. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, disclose and otherwise process information about you.

2. Account Registration & Security

When you make a purchase through our Website, you must either register for a MedPass account (an "Account") or check out as a guest. If you choose to make a purchase as a guest, you will still be required to provide certain personal information to allow us to process your Order (as defined below in Section 5). When you make a purchase with us through a Website, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) if you have registered for an Account, to promptly update such information as it changes to ensure that it is kept accurate and complete. You are solely responsible for the accuracy of all information that you provide to MedPass, regardless of whether you register for an Account or purchase as a guest. In the event that you do not provide or update such information, or MedPass has reasonable grounds to suspect that you have not provided or updated such information, MedPass shall have the right, in its sole and absolute discretion, to prevent you from using any of its Websites.

If you have registered for an Account, it is your sole and absolute responsibility to keep the password and other information provided to you by MedPass confidential and secure. In the event that your password and/or Account are used without your consent or that you discover any other breach of security, you agree to promptly notify MedPass via our contact page. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your Account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your Account.

3. Use of Website

The Site contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content, or portions of the Content may be made available to us through arrangements that we have with third parties. We do not guarantee that any Content you access on or through the Site is or will continue to be accurate. The Content is protected by Dutch and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Cosmédiene (the “Cosmédiene Trademarks”) used and displayed in connection with the Services are trademarks or service marks of MedPass. Other company, product, and service names located on the Site or otherwise used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with the Cosmédiene Trademarks, the “Trademarks”). Nothing on the Site, in the Services or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or otherwise used in connection with the Services without our prior written consent specific for each such use. The Trademarks may not be used to disparage us or any applicable third party, our or the applicable third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Cosmédiene Trademarks as part of a link to or from any website is prohibited without our prior written consent. All goodwill generated from the use of any Cosmédiene Trademark shall inure to our benefit.

You agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site; (d) delete or alter any material we or any other person or entity posts on the Site; or (e) otherwise take any action in violation of our guidelines and policies.

4.1 - Orders - Making Purchases through the Website

To place an order, the consumer, after having filled his virtual basket by indicating the selected products and the desired quantities, then clicks on the "Checkout" button and provides information on delivery and payment method.

Before clicking on the "Pay now" button, the consumer has the opportunity to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order.

Confirmation of the order implies acceptance of the terms and conditions of this agreement. An e-mail acknowledging receipt of the order and its payment is sent by the seller as soon as possible.

Any order modification by the consumer after confirmation of his order is subject to acceptance by MedPass.

For all products shipped outside European Union, the invoice price will automatically be calculated excluding taxes. Customs duties and/or other local taxes or import duties or state taxes will be requested by local administrative bodies. These duties and costs are not the responsibility of MedPass. They shall be borne by the buyer and be their responsibility, both in terms of declaration and payment to the authorities and/or relevant agencies in the country in question.

4.2 - Orders - Quantity Limits

MedPass reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers who are consumers.

4.3 - Orders - Shipping & Returns

Please refer to our Shipping & Returns Policy for information on how we handle shipments, returns and refunds.

4.4 - Orders - Rights Regarding Orders

Without limiting the generality of any other section of this Agreement, MedPass reserve the right to limit or refuse any Order you place with us. Further, we reserve the right to verify the validity of all Orders and/or cancel any Order if we find evidence of fraud, tampering and/or any other violation of the terms and conditions of this Agreement. We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per household or per Order. All orders of Products must be for your personal use only. By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes. All orders are subject to our acceptance or rejection based on Product availability, noncompliance with this Agreement or any other reason as determined in our sole discretion. These restrictions may include Orders placed by or under the same Account, the same credit card, and/or Orders that use the same billing and/or shipping address. We also reserve the right, in our sole and absolute discretion, not to ship items ordered or purchased through a Website to certain addresses. In the event that we are unable to or choose not to ship an item, you will be notified accordingly and the amount for that item charged in relation to your Order will be reduced accordingly.

MedPass in its sole discretion may refuse to redeem any promotion code or offer that it believes in good faith to be fraudulent or improperly obtained and/or that has not been redeemed by the intended recipient of the promotion code or offer. MedPass in its sole discretion reserves the right to invalidate and/or not honour promotions codes or offers that are obtained through any party other than MedPass, including but not limited to, through third-party sites. MedPass may modify or cancel an offer any time.

4.5 - Orders - Verification of Orders

All Orders are subject to verification by MedPass at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to MedPass): (i) for the purposes of verifying the legitimacy of any Order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an Order in accordance with our interpretation of the terms and conditions of this Agreement.

In order to help protect you and MedPass from fraudulent transactions, we may provide your transaction-related information to a reputable third party organization to perform an address verification. This address verification is intended to ensure that the "bill to" address that you provide matches your credit card address.

5. Products

The products sold on the Website are for individuals only.

MedPass could not be held responsible for damage caused by misuse of products sold on its site or by failure to comply with precautions for use.

The products shall comply with the requirements in force relating to the safety and health of persons, fair trading and consumer protection at the time they are placed on the market. The products comply with the requirements of Dutch law applying at the time they are placed on the market.

Products are offered and delivered within the limits of available stocks.

In the event of unavailability of the product ordered, the seller shall immediately inform the buyer and may offer him a product of equivalent quality and price or, failing this, a purchase voucher for the amount of the order that can be used for any future order.

In the event of disagreement by the buyer, the seller shall refund the sums paid within 5 working days.

Apart from the reimbursement of the price of the unavailable product, the seller is not obliged to pay any cancellation compensation, unless the non-performance of the contract is personally attributable to him.

6. Dispute Resolution

MedPass shall not be liable for damages resulting from improper use of its products.

These online Terms and Conditions are subject to Dutch law. In the event of a dispute, you should first contact the company's customer service department by e-mail (info@cosmediene.com) or through our chat to try to resolve the dispute informally.

7. Governing Law

The Terms and Conditions of this agreement and all related matters are governed by the domestic laws of the Netherlands. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Netherlands in relation to all disputes arising from or related to this Agreement, your use of a Website and any related matters.

If any provision of this Agreement is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement shall continue in full force and effect. No failure to exercise or waiver of any provision of this Agreement shall be deemed to be a further or continuing waiver of such provision or any other provision of this Agreement. This Agreement is binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.

8. Questions

If you have any questions or concerns regarding our Website(s) or the terms and conditions of this Agreement, please reach out via our contact page, contact us via the chat or send an email to info@cosmediene.com.