Terms of service

TERMS AND CONDITIONS – MEETCLOUDLESS.COM

Article 1 - Definitions

1. Seller: Helder Group BV, based at Keizersgracht 520H, 1017EK Amsterdam, trading as Cloudless and contactable at hello@meetcloudless.com. Chamber of Commerce number: 95828559. VAT number: NL867326323B01.

2. Buyer: You, whether you are an individual or a legal entity entering into an agreement with the seller.

3. Parties: The seller and you together.

4. Agreement: The purchase agreement between the seller and you for the sale of supplements and skincare products through www.meetcloudless.com.

5. Products: The supplements and skincare products offered and sold by Cloudless.

Article 2 - When these terms and conditions apply

1. These terms and conditions apply to all offers, agreements and deliveries of products by or on behalf of the seller through www.meetcloudless.com within the European Union.

2. Any departure from these terms must be expressly agreed by both parties in writing.

3. By placing an order on www.meetcloudless.com, you agree to these terms and conditions.

4. Article 18 also applies to subscriptions.

    

    

Article 3 - Returns policy and satisfaction guarantee

1. Statutory right of withdrawal You may withdraw from your purchase without giving a reason within 14 days of receiving the product. You must notify us of your withdrawal within that period and return the product no later than 14 days after giving notice.
2. How to exercise your right of withdrawal You can submit your withdrawal online using the withdrawal form on our website, which is always accessible through the "Withdraw from agreement" link in the footer. You will receive an immediate acknowledgement by email. You can also withdraw by emailing hello@meetcloudless.com or using the model withdrawal form. You will then receive instructions and the correct return address. Returns sent without prior confirmation will not be accepted.
3. Exclusion for opened products For health protection and hygiene reasons, sealed supplements and skincare products are excluded from the right of withdrawal if their seal has been broken after delivery, unless the product is defective or the wrong product was delivered. The satisfaction guarantee in article 3.6 also applies to Clear+ and Glow+.
4. Return costs You are responsible for the cost of returning a product, unless it is defective or the wrong product was delivered.
5. Refunds following withdrawal Once Cloudless has received and inspected the returned product, we will refund the purchase price and standard delivery costs for the order to your original payment method within 5 working days.
6. 90-day satisfaction guarantee In addition to your statutory right of withdrawal, Cloudless offers a commercial satisfaction guarantee on Clear+ and Glow+, subject to the following conditions:
   • a) The guarantee is available only if this is your first order from Cloudless, whether you subscribe or make a one-off purchase, and is limited to one claim per customer or household;
   • b) The guarantee period begins on the day you receive your first order, or on the day the carrier marks it as delivered if that is earlier;
   • c) The product must be used daily for 90 consecutive days at the recommended dose (2 Clear+ capsules or 1 scoop of Glow+ per day) by someone aged 12 or over;
   • d) The order must have been placed by someone aged 18 or over, for their own use or for a family member, and not for resale;
   • e) You must submit your claim through your customer account or by emailing hello@meetcloudless.com within 10 days after the 90-day period ends;
   • f) Once your claim is approved, you must return all pouches received during the guarantee period, whether opened, unopened or empty, using the return label provided by Cloudless. No refund will be issued without these pouches. You do not need to return any free gifts;
   • g) Cloudless will refund the amount you paid for Clear+ and Glow+ during the guarantee period, less the cost of the return label. Delivery costs are not refunded;
   • h) Making a claim does not cancel an active subscription; you must cancel it yourself through your customer account;
   • i) Cloudless may refuse or withdraw a claim if it can reasonably be assumed that the claim does not meet these conditions or is improper or fraudulent.

This guarantee is provided by Helder Group BV and applies within the European Union. The satisfaction guarantee does not affect your statutory rights, including your right of withdrawal and your right to a product that conforms to the agreement under article 7:17 of the Dutch Civil Code.

Article 4 - Payment

1. You must always pay the full purchase price immediately through the online shop.

2. If you do not pay on time, you will be in default. If you remain in default, the seller may suspend its obligations until you have paid.

3. If you remain in default, the seller will seek to recover the debt. You are responsible for the associated collection costs. These costs are calculated in accordance with the Dutch Decree on Compensation for Extrajudicial Collection Costs.

4. If you enter liquidation or bankruptcy, your assets are seized, or you are granted a suspension of payments, any amounts you owe the seller become due immediately.

5. If you refuse to cooperate with the seller in fulfilling the order, you must still pay the agreed price.

Article 5 - Offers, quotations and prices

1. Offers are non-binding unless an acceptance period is specified. If you do not accept an offer within that period, it expires.

2. Delivery times in quotations are estimates. If they are exceeded, you are not entitled to terminate the agreement or claim compensation unless both parties have expressly agreed otherwise in writing.

3. Offers and quotations do not automatically apply to repeat orders. Both parties must expressly agree to this in writing.

4. Prices stated in offers, quotations and invoices include applicable VAT and any other government charges.

Article 6 - Changes to the agreement

1. If it becomes clear while carrying out the agreement that changes or additions to the work are necessary for proper performance, both parties will amend the agreement accordingly in good time and by mutual agreement.

2. If both parties agree to change or add to the agreement, this may affect when it is completed. The seller will let you know as soon as possible.

3. If a change or addition has financial and/or quality-related consequences, the seller will inform you in writing beforehand.

4. If both parties have agreed a fixed price, the seller will also explain whether, and by how much, the change or addition will cause that price to be exceeded.

5. Despite paragraph 3 of this article, the seller cannot charge extra costs if the change or addition results from circumstances attributable to the seller.

Article 7 - Delivery and transfer of risk

1. Risk transfers from the seller to you as soon as you receive the purchased product.

Article 8 - Inspection and complaints

1. You must inspect the delivered products as soon as you receive them and check that they match your order.
2. Please report damage, incorrect deliveries or other visible defects in writing as soon as possible after discovering them by emailing hello@meetcloudless.com. If you are a consumer, a report made within two months of discovering the defect is considered timely in any event, in accordance with article 7:23(1) of the Dutch Civil Code. If you are a business buyer rather than a consumer, you must report it within 10 working days of receiving the product or discovering the defect.
3. If your complaint is justified, the seller may choose to replace or repair the product, or issue a refund, without affecting your statutory consumer rights.
4. You cannot return opened or used supplements or skincare products unless there is a manufacturing defect, the wrong product was delivered, or you have a valid claim under the 90-day satisfaction guarantee (article 3.6).

Article 9 - Delivery

1. Products are delivered by shipping them to the address you provide.

2. If you refuse delivery or do not provide enough information for delivery, you may be charged additional costs.

3. The seller makes every effort to deliver within the stated delivery time, but this does not give you any enforceable rights.

4. Delivery costs are clearly shown at checkout in the online shop.

Article 10 - Retention of title and right of retention

1. Delivered products remain the seller's property until you have paid the full purchase price.

2. If you fail to pay, the seller may take back the delivered products.

3. The seller may not pledge or otherwise encumber the products before ownership has been fully transferred to you.

4. If you are in serious financial difficulty, outstanding amounts may be demanded immediately.

Article 11 - Liability

1. The seller's liability for loss or damage arising from or connected with the agreement is limited to the amount paid out under the seller's liability insurance in the relevant case, plus the excess.
2. If the insurer does not pay out for any reason, the seller's liability is limited to the amount you paid for the product to which the liability relates.
3. The seller is not liable for indirect loss or damage, including consequential loss, lost profits, missed savings and losses caused by business interruption.
4. The liability limits in this article do not apply if the loss or damage results from intentional acts or deliberate recklessness by the seller or its management.
5. The limits and exclusions in this article do not affect the seller's liability under mandatory law, including product liability under article 6:185 et seq. of the Dutch Civil Code, or your statutory consumer rights.

Article 12 - Reporting complaints

1. You must report complaints in writing as soon as possible after discovering the issue.

2. If your complaint is justified, the seller will repair or replace the product.

Article 13 - Guarantees

1. Statutory conformity The seller guarantees that the products conform to the agreement, meet the specifications stated in the offer and satisfy reasonable standards of quality and usability, in accordance with article 7:17 of the Dutch Civil Code. Your statutory right to a product that conforms to the agreement cannot be limited or excluded.
2. Shelf life of supplements and skincare products Supplements and skincare products should remain fit for use until the best-before or use-by date shown on the packaging, provided they are stored according to the instructions on the packaging. You must report any complaint about a product's quality within its shelf life.
3. Commercial guarantee In addition to your statutory rights, Cloudless offers new customers a 90-day satisfaction guarantee on Clear+ and Glow+, subject to the conditions in article 3.6. This commercial guarantee is additional to, and does not affect, your statutory rights.
4. Exclusions The guarantee does not cover damage or loss of quality caused by improper use or storage, use contrary to the instructions, or use after the expiry date.

Article 14 - Product use and health

1. Cloudless products are food supplements and skincare products. They are not intended to diagnose, treat, cure or prevent diseases. Individual results may vary.
2. You are responsible for carefully reading the ingredients list, instructions for use and warnings on the packaging before use. If you have an existing health condition, take medication, are pregnant or are breastfeeding, you should consult a doctor or medical specialist before use.
3. The seller guarantees that ingredients and allergens are labelled accurately and completely in accordance with Regulation (EU) No 1169/2011 and other applicable laws and regulations.
4. The seller is not liable for allergic reactions or other adverse effects from the products, provided that:
   • a) all ingredients and allergens are correctly and fully listed on the packaging; and
   • b) you have used the product according to the instructions; and
   • c) you have used the product within its shelf life and stored it correctly. If an allergen or ingredient is omitted or incorrectly listed, the seller remains liable under applicable law, including product liability law (article 6:185 et seq. of the Dutch Civil Code).
5. The information on the website and product packaging is for information only and does not constitute medical advice. The seller does not guarantee that the products are suitable for specific medical conditions.

Article 15 - Intellectual property

1. Cloudless retains all intellectual property rights (including copyright, patent rights, trade marks, design rights and similar rights) in all products, designs, drawings, written materials, data storage media or other information, quotations, images, sketches, models and scale models, unless both parties agree otherwise in writing.

2. You may not copy, show or make available to third parties, or otherwise use, material covered by those intellectual property rights without Cloudless's prior written permission.

Article 16 - Changes to these terms and conditions

1. Cloudless may change or add to these terms and conditions.

2. Minor changes may be made at any time.

3. Where possible, Cloudless will discuss major substantive changes with you beforehand.

4. If you are a consumer, you may terminate the agreement if these terms and conditions change materially.

Article 17 - Governing law and jurisdiction

1. Every agreement between the parties is governed exclusively by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
2. If you are a consumer, disputes between you and the seller will be brought before a competent court in accordance with the mandatory rules of Regulation (EU) No 1215/2012 (Brussels I Recast) and article 6:236(n) of the Dutch Civil Code. This means you can bring proceedings against the seller in the courts where you live or where the seller is based (Amsterdam), while the seller can bring proceedings against you only in the courts where you live.
3. If you are not a consumer, disputes between you and the seller will be brought exclusively before the competent court in the Amsterdam district.
4. If you are a consumer in the EU, the European Commission's online dispute resolution platform is available at https://ec.europa.eu/consumers/odr.
5. If a court finds one or more provisions of these terms and conditions to be unreasonably onerous or otherwise invalid, the remaining provisions will continue to apply in full.

Article 18 — Subscriptions

1. When this article applies This article applies if you subscribe to one or more Cloudless products. All other provisions of these terms and conditions also apply in full to purchases made through a subscription.
2. Subscription options Cloudless offers subscriptions with the following delivery frequencies:
   • a) Monthly subscription: delivery every 28 days;
   • b) Every-two-months subscription: delivery every 56 days;
   • c) Every-three-months subscription: delivery every 85 days;
   • d) Six-monthly subscription (Glow+ only): delivery every 6 months.

   You will be charged for each delivery cycle unless you have chosen to pay in advance.

3. Starting and renewing your subscription Your subscription starts when you confirm your order and your first payment is successfully processed. After the initial term, it renews automatically for an indefinite period. You can cancel it at any time in accordance with article 18.5. This renewal arrangement complies with the Dutch Van Dam Act (article 6:236(j) and (v) of the Dutch Civil Code).
4. Payment At each delivery cycle, the amount due at that time is automatically charged to the payment method you provided. You are responsible for keeping your payment details up to date. If a payment cannot be processed, the seller may pause the relevant delivery until you have paid.
5. Cancellation You can cancel your subscription at any time, free of charge and without a notice period, through your customer account or the link in your order confirmation email. Cancellation takes effect from the next delivery cycle for which payment has not yet been taken.
6. What happens when you cancel
   • a) If, when you cancel, payment for the next delivery has not yet been taken and the order has not yet been shipped, your subscription ends immediately with no further charges.
   • b) If, when you cancel, payment has already been taken and the order has already been shipped, that order will not be cancelled. A refund is available only under the returns policy (article 3): for unopened and unused products in their original sealed packaging, or under the 90-day satisfaction guarantee (article 3.6) if its conditions are met.
7. Price changes The seller may change the subscription price. You will be notified of any price change by email at least 30 days before it takes effect. You may cancel your subscription before the price change takes effect.
8. Changing your subscription You can change your subscription's delivery frequency, products and delivery date through your customer account. Changes take effect from the next delivery cycle for which payment has not yet been taken.
9. Right of withdrawal and guarantee for subscriptions Your statutory right of withdrawal (article 3.1) applies to the first order under a subscription. Subsequent deliveries under the same subscription are treated as separate agreements for which the right of withdrawal applies only to unopened and unused products in their original sealed packaging, in accordance with article 3.3. The 90-day satisfaction guarantee (article 3.6) applies if this is your first order from Cloudless and covers all deliveries of Clear+ and Glow+ within the guarantee period.