Terms of service

TERMS AND CONDITIONS – MEETCLOUDLESS.COM

Article 1 - Definitions

1. Seller: Helder Group BV, located at Keizersgracht 520H, 1017EK Amsterdam, trading under the name Cloudless and can be reached at hello@meetcloudless.com. Chamber of Commerce: 95828559. VAT: NL867326323B01.

2. Buyer: The natural or legal person entering into an agreement with the seller.

3. Parties: Seller and buyer together.

4. Agreement: The purchase agreement between seller and buyer regarding the sale of supplements and skincare products via www.meetcloudless.com.

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

Article 2 - Applicability of Terms and Conditions

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

2. Deviations from these terms are only possible if expressly agreed in writing by both parties.

3. By placing an order on www.meetcloudless.com, the buyer agrees to these terms and conditions.

4. For subscriptions, the provisions of article 18 also apply.

    

    

Article 3 - Return Policy and Satisfaction Guarantee

1. Legal right of withdrawal In accordance with the right of withdrawal within the EU, the buyer has the right to cancel the purchase within 30 days of receiving the product without giving any reason. This is 16 days longer than the legally required period of 14 days.
2. Exercising the right of withdrawal To register a return, the buyer can contact us within the withdrawal period via hello@meetcloudless.com or use the model withdrawal form available on our website. The buyer will then receive instructions and the correct return address. Returns are not accepted at the business address without prior approval.
3. Exclusion for opened products Opened or used supplements and skincare products cannot be returned under the legal right of withdrawal for hygiene and safety reasons (art. 6:230p sub g BW), unless the product is defective or incorrectly delivered. There is one exception to this exclusion: the 90-day satisfaction guarantee as described in article 3.6.
4. Return costs Return shipping costs are the responsibility of the buyer, unless there is a (production) error by Cloudless.
5. Refund After correct receipt and inspection of a returned product, the purchase amount will be refunded to the buyer’s original payment method within 5 days.
6. 90-day satisfaction guarantee In addition to the statutory right of withdrawal, Cloudless offers a commercial satisfaction guarantee under the following conditions:
   • a) The guarantee only applies to the buyer’s first order at Cloudless and is limited to one claim per customer or household;
   • b) The buyer has used the product daily, according to the instructions, for a continuous period of at least 60 days after receipt;
   • c) The claim is submitted in writing via hello@meetcloudless.com no later than 120 days after receiving the order;
   • After approval, the buyer returns the (used) products to the return address provided by Cloudless;
   • After receipt, 100% of the purchase amount will be refunded to the original payment method.

This guarantee is provided by Helder Group BV and applies within the European Union. The satisfaction guarantee does not affect the buyer’s legal rights, including the right of withdrawal and the right to a sound product in accordance with art. 7:17 BW.

Article 4 - Payment

1. The full purchase amount is always paid immediately in the webshop.

2. If the buyer does not pay on time, they are in default. If the buyer remains in default, the seller is entitled to suspend their obligations until the buyer has fulfilled their payment obligation.

3. If the buyer fails to meet their obligations, the seller will proceed with collection. The costs related to this collection will be charged to the buyer. These collection costs are calculated based on the Decree on compensation for extrajudicial collection costs.

4. In the event of liquidation, bankruptcy, seizure, or suspension of payment by the buyer, the seller's claims against the buyer become immediately due and payable.

5. If the buyer refuses to cooperate with the execution of the assignment by the seller, they are still obliged to pay the agreed price to the seller.

Article 5 - Offers, quotations, and price

1. Offers are non-binding, unless a period for acceptance is stated in the offer. If the offer is not accepted within that period, the offer expires.

2. Delivery times in quotations are indicative and do not entitle the buyer to dissolution or compensation if exceeded, unless the parties have expressly agreed otherwise in writing.

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

4. The price stated on offers, quotations, and invoices consists of the purchase price including the applicable VAT and any other government levies.

Article 6 - Changes to the agreement

1. If during the execution of the agreement it turns out that it is necessary to change or supplement the work to be done for proper execution, the parties will timely and mutually adjust the agreement accordingly.

2. If the parties agree to change or supplement the agreement, the completion time may be affected. The seller will inform the buyer of this as soon as possible.

3. If the change or addition to the agreement has financial and/or qualitative consequences, the seller will inform the buyer of this in writing in advance.

4. If the parties have agreed on a fixed price, the seller will indicate to what extent the change or addition to the agreement will result in exceeding this price.

5. Contrary to the provisions in the third paragraph of this article, the seller cannot charge additional costs if the change or addition is due to circumstances attributable to them.

Article 7 - Delivery and transfer of risk

1. As soon as the purchased item has been received by the buyer, the risk transfers from the seller to the buyer.

Article 8 - Inspection and complaints

1. Buyer must inspect the delivered products immediately upon receipt and check whether they match the order.
2. Complaints about damages, incorrect deliveries, or other visible defects must be reported in writing as soon as possible after discovery via hello@meetcloudless.com. For consumers, a report within two months after discovering the defect is in any case considered timely, in accordance with art. 7:23 paragraph 1 BW. For business buyers (non-consumers), a reporting period of 10 working days after receipt or discovery of the defect applies.
3. For valid complaints, the seller may, at their discretion, choose to replace, repair, or refund the relevant product, without prejudice to the consumer's legal rights.
4. Opened or used supplements and skincare products cannot be returned, unless there is a manufacturing defect, incorrect delivery, or a valid claim under the 90-day satisfaction guarantee (article 3.6).

Article 9 - Delivery

1. Delivery takes place by shipping to the address provided by the buyer.

2. If the buyer refuses delivery or provides insufficient information for delivery, extra costs may be charged.

3. Seller does their utmost to deliver within the indicated delivery time, but no rights can be derived from this.

4. Shipping costs are clearly indicated at checkout in the webshop.

Article 10 - Retention of Title and Right of Retention

1. The delivered products remain the property of the seller until the buyer has paid the full purchase price.

2. If the buyer fails to pay, the seller is entitled to take back the delivered products.

3. Seller may not pledge or otherwise encumber the products before full ownership has been transferred to the buyer.

4. If the buyer is in financial difficulty, outstanding claims may be collected immediately.

Article 11 - Liability

1. The seller's liability for damages arising from or related to the agreement is limited to the amount paid out by the seller's liability insurance in the relevant case, plus the deductible.
2. If, for any reason, no payment is made by the insurance, the seller's liability is limited to the amount paid by the buyer for the product to which the liability relates.
3. Seller is not liable for indirect damages, including consequential damages, lost profits, missed savings, and damages due to business interruption.
4. The limitations of liability in this article do not apply if the damage is the result of intent or deliberate recklessness by the seller or its management.
5. The limitations and exclusions in this article do not affect the seller’s mandatory liability, including product liability under art. 6:185 et seq. BW, and do not affect the statutory rights of consumers.

Article 12 - Obligation to report complaints

1. The buyer must report complaints in writing as soon as possible after discovery.

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

Article 13 - Guarantees

1. Legal conformity Seller guarantees that the products comply with the agreement, the specifications stated in the offer, and the reasonable requirements of soundness and usability, in accordance with art. 7:17 BW. This legal right to a sound product cannot be limited or excluded.
2. Shelf life of supplements and skincare For supplements and skincare products, they remain in good condition until the best before date (THT) or expiration date stated on the packaging, provided they are stored according to the instructions on the packaging. Complaints about product quality must be reported within the shelf life.
3. Commercial guarantee In addition to the legal conformity, Cloudless offers a 90-day satisfaction guarantee on your first order, with the conditions set out in article 3.6. This commercial guarantee is in addition to and does not affect the buyer’s statutory rights.
4. Exclusions Damage or loss of quality resulting from improper use, incorrect storage, use contrary to the instructions, or use after the expiration date is not covered by the warranty.

Article 14 - Use of products and health

1. Cloudless products are dietary supplements and skincare products. They are not intended to diagnose, treat, cure, or prevent any diseases. Individual results may vary.
2. The buyer is responsible for carefully reading the ingredient list, instructions for use, and warnings on the packaging before use. If you have existing health issues, use medication, are pregnant, or breastfeeding, you should consult a doctor or medical specialist before use.
3. Seller guarantees the accuracy and completeness of the labeling of ingredients and allergens in accordance with Regulation (EU) No. 1169/2011 and other applicable laws and regulations.
4. Seller is not liable for allergic reactions or other unwanted effects of the products, provided that:
   • a) all ingredients and allergens are correctly and fully listed on the packaging; and
   • b) the buyer has used the product according to the instructions for use; and
   • c) the product has been used within the expiration date and stored correctly. If an allergen or ingredient is not listed or is listed incorrectly, the seller remains liable in accordance with legal provisions, including product liability (Article 6:185 et seq. of the Dutch Civil Code).
5. The information on the website and product packaging is intended for informational purposes 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, trademark rights, design and model rights, etc.) to all products, designs, drawings, documents, data carriers or other information, quotations, images, sketches, models, mock-ups, etc., unless otherwise agreed in writing by the parties.

2. The customer may not copy, show to third parties, make available, or otherwise use the mentioned intellectual property rights without prior written permission from Cloudless.

Article 16 - Changes to general terms and conditions

1. Cloudless is entitled to amend or supplement these general terms and conditions.

2. Minor changes can be made at any time.

3. Cloudless will discuss major substantive changes with the customer in advance as much as possible.

4. Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.

Article 17 - Applicable law and competent court

1. Every agreement between the parties is governed exclusively by Dutch law. The applicability of the Vienna Sales Convention is excluded.
2. Disputes between the seller and a buyer who is a consumer will be submitted to the competent court in accordance with the mandatory rules of Regulation (EU) No. 1215/2012 (Brussels I-bis) and Article 6:236 sub n of the Dutch Civil Code. This means that the consumer can summon the seller before the court of the consumer's place of residence or the court of the seller's place of business (Amsterdam), and that the seller can only summon the consumer before the court of the consumer's place of residence.
3. Disputes between the seller and a buyer who is not a consumer will be submitted exclusively to the competent court in the district of Amsterdam.
4. For consumers within the EU, the European Commission's online dispute resolution platform is available via https://ec.europa.eu/consumers/odr.
5. If one or more provisions of these general terms and conditions are deemed unreasonably onerous or otherwise invalid in legal proceedings, the remaining provisions will remain fully in force.

Article 18 — Subscriptions

1. Applicability This article applies if the buyer takes out a subscription for one or more products from Cloudless. In addition to this article, all other provisions of these general terms and conditions remain fully applicable to purchases made via a subscription.
2. Variants Cloudless offers subscriptions with the following delivery frequencies:
   • a) 30-day subscription: delivery every 30 days, with the amount for each delivery cycle being collected;
   • b) 90-day subscription: delivery every 90 days, with the amount for each delivery cycle being collected.
3. Establishment and renewal The subscription is established when the buyer confirms the order and the first payment is successfully processed. After the initial term, the subscription is automatically renewed for an indefinite period, during which the buyer can cancel the subscription at any time in accordance with article 18.5. This method of renewal is in line with the Wet van Dam (art. 6:236 sub j and sub v BW).
4. Payment For each delivery cycle, the current amount will be automatically collected using the payment method provided by the buyer. The buyer is responsible for keeping their payment details up to date. If a payment cannot be processed successfully, the seller is entitled to suspend the relevant delivery until payment has been made.
5. Cancellation The buyer can cancel the subscription at any time free of charge, with no notice period, via the customer account or the link in the order confirmation email. Cancellation applies from the next delivery cycle for which payment has not yet been collected.
6. Consequences of cancellation
   • a) If at the time of cancellation for the next delivery no payment has yet been collected and no shipment has taken place, the subscription will be terminated immediately without further costs.
   • b) If at the time of cancellation the payment has already been collected and the order has already been shipped, this order will not be cancelled and a refund is only possible under the conditions of the return policy (article 3), meaning: for unopened and unused products in the original sealed packaging, or under the 90-day satisfaction guarantee (article 3.6) if the applicable conditions are met.
7. Price changes The seller is entitled to change the price of the subscription. Price changes will be announced to the buyer by email at least 30 days before the effective date. In that case, the buyer has the right to cancel the subscription before the price change takes effect.
8. Change subscription The buyer can change the delivery frequency, products, and delivery date of the subscription via the customer account. Changes take effect from the next delivery cycle for which payment has not yet been collected.
9. Right of withdrawal for subscriptions The statutory right of withdrawal (article 3.1) and the 90-day satisfaction guarantee (article 3.6) apply only to the first order under a subscription. Future deliveries under the same subscription are considered separate agreements, for which the right of withdrawal only applies to unopened and unused products in the original sealed packaging, in accordance with article 3.3.