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TERMS & CONDITIONS

Application, definitions and interpretation

These terms and conditions will apply to the purchase of goods by you (hereby referred to as “the customer” or “you”) on the site www.xlash.com. The site and goods are provided by Xlash, registered under trading name Beauty Generation AB, registered under company number 559150-3270 at Swedish Companies Registration Office. Beauty Generation AB’s trading address is Birger Jarlsgatan 18, SE-114 34 Stockholm, Sweden (hereby referred to as “the supplier”, “Xlash”, “us” or “we”). You can contact us via email at [email protected]

These are the terms on which we sell goods to you. By ordering any goods available on our website, you agreed to be bound by these terms and conditions. You can only purchase goods from the website if you are eligible to enter into a contract and are at least 18 years old.

Below follow explanations on how to interpret some of the terms used throughout these Terms & Conditions:

– By customer, private individuals (and not individuals acting on behalf of their trade business or profession) is meant.

– Contract means a legally binding agreement between you and Xlash for the supply of the goods ordered on our website.

– Delivery location means the customer’s premises or other location where the goods are to be supplied as set out in the order.

– By durable medium, we mean a type of medium that allows information to be stored by the recipient for future reference, without enabling changes to be made, for a period that is long enough for the purposes of the information. This can be via e.g. email.

– By goods, the goods advertised on the website that we supplied to you of the number and description as set out in the order are meant.

– Order means the customer’s order for the goods from the supplier as submitted following the process set out on the Website.

– By privacy policy, we refer to the terms which set out how we will deal with confidential and personal information received from you via the website.

– By website, we refer to www.xlash.com, on which the goods are advertised and available for ordering.

Basis of sale

The order process is set out on the website. Each step allows you to check and amend any errors before submitting the order. It is your responsibility to check that you have used the ordering process correctly.

A contract will be formed for the sale of ordered goods only when you receive an email from us confirming the order (order confirmation). You must ensure that the order confirmation is complete and accurate and inform us of any errors immediately. We are not responsible for any inaccuracies in the order placed by you. By placing an order, you agree to us providing you confirmation of the contract by means of an email containing all information (i.e. the order confirmation). You will receive the order confirmation within a reasonable time after making the contract, but no later than the delivery of any goods supplied under the contract. We have a legal duty to supply the goods in conformity with the contract.

No variation on the contract, whether regarding the description of the goods, fees or otherwise, can be carried out after it has been entered into, unless the variation is agreed upon by the customer and the supplier in writing.

Price and payment

The price of the goods and any additional delivery or other charges will be available on the website before the order has been completed. Furthermore, it will also be available in the order confirmation. Prices and charges are in euro (EUR) and include VAT at the rate that is applicable at the time of the order. For orders to countries outside of the European Union (EU), orders do not include VAT or other taxes. Deliveries to non-EU countries may be subject to import duties and tax; read more under Delivery in these terms and conditions.

Payments are made via Klarna checkout, a service offered by Klarna Bank AB, Sveavägen 46, SE-111 34 Stockholm, Sweden (SE556737043101). You can pay via a variety of payment methods, such as card and invoice. No fees for payment are added to the order. Terms apply for using Klarna’s Pay Later services (invoice and instalment). To read the terms for Pay Later (invoice) click here, and for Pay Later (instalments) click here. Klarna processes customer information in some cases to deliver their services. You can find Klarna’s privacy notice here. For Klarna services such as ‘Pay later’, you will receive the invoice and further information from when your order has been dispatched.

Goods

The description of the goods is as set out on the website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only, and there may be small discrepancies in the size and colour of the goods supplied.

In the case of any goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate. Please read more about the right of withdrawal for products made to order under Withdrawal and cancellations in these terms and conditions.

Delivery 

Delivery time is between 3-10 working days. We will deliver the goods to the delivery location by the time or period agreed in the contract without delay and no later than 30 days after the date on which the contract is entered into, unless the agreed delivery time is beyond 30 days after the order has been made. We currently deliver to the following countries: Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, the Netherlands, Norway, Poland, Portugal, Spain, Sweden and Switzerland. For deliveries to areas outside of the EU, such as Switzerland, you may be subject to pay import duties or other taxes, as we will not pay them.

In any case, regardless of events beyond our control, if we do not deliver the goods on time, you can (in addition to any other remedies) treat the contract at an end if:

A) we have refused to deliver the goods, or if delivery on time is essential, or you said to us before the contract was made that delivery on time was essential; or

B) after we failed to deliver on time, you had specified a later period which is appropriate to the circumstances and we failed to deliver within that period.

If you treat the contract at an end for a reason mentioned above, we will (in addition to other remedies) promptly return all payments made under the contract.

If you, in accordance with the above, were entitled to treat the contract at an end, but do not do so, you are not prevented from cancelling the order of any goods or rejecting goods that have been delivered. If you do so, we will (in addition to other remedies) return all payments made on the contract for any such cancelled or rejected goods without delay. If the goods have been delivered, you must return them to us or allow us to collect them from you, and we will pay the costs of this.

If any goods form a commercial unit (it is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit), you cannot cancel or reject the order for some of those goods without also cancelling or rejecting the order for the rest of them. This applies e.g. if a unit is sold as a 2 pack.

You agree that we may deliver the goods in instalments if we suffer from a shortage of stock or have another genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

If the delivery is not completed as a result of you not picking up the parcel at the designated service point or not being at the address on delivery attempts, a fee of 5 EUR for storing and returning of the order will be added.

The goods will become your responsibility once delivery is completed and you have physically received them. If you selected home delivery, the delivery is fulfilled once the parcel has been delivered at the address. If you selected service point delivery, the delivery has been fulfilled once the parcel has been collected from the service point. You must, if reasonably possible, examine the goods before accepting them. Risk of damage to, or loss of, any goods will pass to you when the goods are delivered to you.

Withdrawal and cancellation

The contract can be cancelled by using the right of withdrawal. You can use this right if you simply change your mind or for some other reason wish to cancel the contract, without having to provide Xlash with a reason for this decision, if it is made within the withdrawal period.

To exercise the right of withdrawal you must inform us of this decision within 14 days from the date on which the order was delivered to you or a third party assigned by you (however not the carrier) acquires physical possession of the order in full. In case of instalment delivery, this period starts once the last part of the order has been delivered.

You can inform us of your desire to exercise your right of withdrawal by contacting customer service at [email protected] You can choose to use the model cancellation form.

You must return the item(s) to Xlash in undamaged condition at your own expense. Due to concerns of hygiene, certain products, such as cosmetics products, cannot be returned after they have been opened or used. We reserve the right to refuse a return if goods are not returned in a saleable condition or are damaged. Please see more information on how to return items further down in these terms and conditions.

The withdrawal right does not apply for:

A. goods that Xlash has made to your specifications or that are clearly personalised (made to order);

B. goods that are liable to deteriorate or expire rapidly.

Returning goods

If you have received goods in connection with the contract which you have cancelled, you must send back the goods or hand them over to us. This should be done no later than 14 days from the date on which you communicate to us that you wish to cancel the contract. The deadline is met if you send back the goods before the period of 14 days has expired. Along with the item(s) to be returned, please fill out and include the return form in the return parcel.

The customer bears the cost for the return and is responsible for arranging the return shipment. Likewise, you are responsible for the return arriving to us in good, undamaged conditions. Therefore, we recommend that you use a traceable and insured service when shipping your return to us.

Note that you are liable to package the items in a responsible manner to avoid damages during return shipping. Liability for lost parcels or similar is held by Xlash only if a return label provided by us has been used. In other cases, you have the full liability for the return. Returns are to be sent to:
Xlash/Elogistik

Fabriksgatan 3

SE-533 33 Götene

Sweden

Reimbursements and possible deductions

Except as set out below, if you cancel a contract in full (i.e. all items in the order), we will reimburse you all payments we have received for that order. This also includes delivery costs except for the supplementary costs that may have arisen if you choose a type of delivery other than the least expensive type of standard delivery offered by us. Note that return costs are not reimbursed.

We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you. By this, handling of the goods beyond that which is necessary to establish the nature, characteristics and function of the goods is meant. Such handling applies e.g. if it goes beyond the sort that would reasonably be allowed in a physical shop.

We will make the reimbursement without undue delay, and in all cases no later than:

A. 14 days after the day on which we received the returned goods in question from you; or

B. 14 days after the day on which you provide evidence that you have sent the goods back to us.

We will make the reimbursement using the same means of payment as was used for the initial transaction unless you have expressly agreed otherwise. In any event, however, no fees will be added to the reimbursement.

Faulty goods

In addition to the withdrawal and cancellation rights above, you also have statutory rights including that the goods delivered are of satisfactory quality, are fit for their purpose and are as described.

Within six months of the date of delivery and in the event of the product being faulty, you are entitled to a repair or replacement. Or a where repair/replacement is not possible, a refund. After six months from the date of delivery, the right still is applicable, but only if you can prove that the fault was present at the point of delivery. This right can be exercised up to 3 years after the goods were delivered.

Circumstances beyond the control of either party

In the event of any failure by a party because of something beyond its reasonable control, the party will advise the other party as soon as reasonably practicable. The party’s obligations will be suspended so far as is reasonable to amend the failure, and the party will not be liable for any failure which it could not reasonably avoid. This does not, however, affect the customer’s rights relating to delivery and any right to cancel as stated in these terms and conditions.

Personal information

We retain and use all information strictly under the privacy policy and comply with the general data protection regulation with regard to your personal information. We may contact you by using email or other electronic communication methods and by prepaid post if you expressly agreed to this. These terms and conditions should be read alongside and are in addition to our policies, including our privacy policy and cookie policy.

Excluding liability, jurisdiction and complaints

The supplier does not exclude liability for:

– any fraudulent act or omission; or

– personal injury or death caused by negligence or breach of the supplier’s other legal obligations. Subject to this, the supplier is not liable for a loss which was not reasonably foreseeable to both parties at the time when the contract was made; or

– loss (e.g. loss of profit) to the customer’s business, trade, craft or profession which would not be suffered by a consumer – because the supplier believes the customer is not buying the goods wholly or mainly for the business, trade, craft or profession.

If you have a complaint about a product, our website or anything else, please contact our customer service at [email protected] We will always try to find a reasonable solution. In the unlikely event that we are unable to resolve a complaint with you directly, you have the right to refer to your local board for consumer disputes or similar. You can also use the EU’s online dispute resolution tool: https://ec.europa.eu/consumers/odr/

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