Terms & Conditions

1. General Terms

1.1. Seller and Online Store

These Terms and Conditions regulate the legal relationship arising between customers of the Wellnessexpert online store, hereinafter referred to as the “Buyer,” and Premium Makeup OÜ (registration number 12240850), the company operating the Wellnessexpert online store, hereinafter referred to as the “Seller,” in connection with the purchase of goods.

The Wellnessexpert online store is available at:

www.wellnessexpert.it, www.wellnessexpert.eu, www.wellnessexpert.es, www.wellnessexpert.asia, www.spaskincare.de, www.wellnessexpert.co.uk

These Terms and Conditions shall be interpreted in accordance with the applicable laws of the Republic of Estonia and the mandatory consumer protection legislation of the European Union.

Nothing in these Terms and Conditions shall restrict any mandatory rights granted to a Consumer under applicable law.

1.2. Amendments

The Seller reserves the right to amend or supplement these Terms and Conditions and the prices displayed in the Online Store.

Any amendments enter into force when the updated information is published on the Seller’s website.

Orders placed before an amendment enters into force shall be governed by the Terms and Conditions applicable at the time the order was placed, unless otherwise required by applicable law.

1.3. Acceptance of the Terms

Before placing an order, the Buyer must review and accept these Terms and Conditions.

By selecting the relevant confirmation checkbox and submitting an order, the Buyer confirms that they have read, understood and agreed to these Terms and Conditions.

The confirmation checkbox must not be selected in advance.

2. Prices

2.1. Product Prices

The prices applicable to products are displayed in the Wellnessexpert Online Store.

Prices are displayed in the currency applicable to the selected version of the Online Store and include applicable taxes unless expressly stated otherwise.

Delivery charges are not included in the product price unless expressly stated otherwise.

2.2. Delivery Charges

Delivery charges may depend on:

• the delivery destination;

• the delivery method;

• the value, dimensions or weight of the order; and

• other circumstances affecting delivery.

The exact delivery charge is displayed during checkout before the Buyer submits the order.

The delivery charge is calculated for one delivery to one destination address. If the Buyer wishes to receive products at several addresses, a separate order may be required for each address.

2.3. Price Changes

The Seller reserves the right to change product prices at any time.

A price change shall not affect an order that has already been submitted and accepted by the Seller.

If an obvious technical or pricing error appears in the Online Store, the Seller may cancel the affected order. In such a case, all amounts paid for the cancelled order shall be refunded without undue delay.

3. Shopping Basket and Placing Orders

3.1. Shopping Basket

The Online Store creates a shopping basket when the Buyer adds a product to the basket.

Before submitting the order, the Buyer may change:

• the selected products;

• product quantities;

• the delivery method;

• the delivery address; and

• other order information.

3.2. Placing an Order

To place an order, the Buyer must:

1. add the selected products to the shopping basket;

2. provide the requested contact, billing and delivery information (including contact phone number),;

3. select an available delivery method;

4. select an available payment method;

5. review the products, quantities, prices and delivery charges;

6. review and accept these Terms and Conditions; and

7. submit the order using a button clearly indicating that the order entails an obligation to pay.

The Buyer is responsible for ensuring that all information provided when placing the order is accurate and complete.

3.3. Order Confirmation

After the Buyer submits the order, an order confirmation shall be displayed or sent to the email address provided by the Buyer.

The order confirmation shall contain the principal details of the order.

The Buyer must contact the Seller promptly if the order confirmation contains incorrect information.

3.4. Formation of the Sales Contract

The sales contract between the Seller and the Buyer enters into force after:

1. the Buyer has submitted the order;

2. the payment has been successfully completed and confirmed; and

3. the Seller has sent the Buyer an order confirmation.

3.5. Product Availability

All orders are subject to product availability.

If an ordered product is unavailable, the Seller shall inform the Buyer as soon as reasonably possible.

The Seller may offer:

• a replacement product;

• a revised delivery date; or

• cancellation of the unavailable product or the entire order.

A replacement product shall be supplied only with the Buyer’s agreement.

If an order is cancelled because a product is unavailable, the Seller shall refund the applicable payment, including any relevant delivery charge, without undue delay and no later than 14 days after notifying the Buyer.

4. Paying for the Goods

4.1. Available Payment Methods

Depending on the Buyer’s location and the payment methods displayed during checkout, the Buyer may pay using:

• Estonian bank payments;

• Latvian bank payments;

• Visa debit or credit cards;

• Mastercard debit or credit cards;

• Apple Pay;

• Google Pay; or

• PayPal.

Only payment methods displayed during checkout are available for the relevant order.

4.2. Payments Mediated by Maksekeskus

Payments made through Estonian or Latvian bank payments, Visa, Mastercard, Apple Pay or Google Pay are mediated by Maksekeskus AS (registration number 12268475).

Payment takes place outside the Online Store in a secure payment environment:

• bank payments take place in the secure environment of the selected bank; and

• Visa, Mastercard, Apple Pay and Google Pay payments take place in the secure payment environment provided by Maksekeskus AS.

The Seller does not have access to the Buyer’s complete bank authentication information or full payment card details.

When paying through a bank payment link, the Buyer should click the “Return to merchant” button after completing the payment. This allows the payment confirmation to be correctly transmitted to the Online Store.

4.3. Processing of Payment Data by Maksekeskus

Premium Makeup OÜ is the controller of personal data processed in connection with the operation of the Online Store.

For the purpose of initiating, executing, confirming or refunding a payment, the Seller transfers the personal data necessary for the payment to the authorised processor Maksekeskus AS.

The transferred information may include:

• the order reference;

• the payment amount;

• the Buyer’s name;

• the Buyer’s contact information;

• information identifying the payer; and

• other information necessary to process or confirm the payment.

Additional information concerning the processing of personal data is provided in the Online Store’s [Privacy Policy].

4.4. PayPal Payments

PayPal payments are processed separately in the secure payment environment operated by the applicable PayPal entity.

PayPal payments are not mediated by Maksekeskus AS.

PayPal processes payment and personal data in accordance with PayPal’s applicable terms and privacy information.

The Seller does not have access to the Buyer’s complete PayPal authentication information or full payment card details entered directly in the PayPal environment.

4.5. Payment Confirmation

An order is considered paid when the relevant payment service provider confirms successful payment to the Online Store.

If payment is unsuccessful, cancelled or not confirmed, the order may remain incomplete, and the Seller is not obliged to dispatch the products.

4.6. Currency Conversion and Additional Charges

The Buyer’s bank, payment card issuer or payment service provider may apply:

• currency conversion charges;

• foreign transaction charges; or

• other payment-related fees.

Such fees are determined by the relevant financial institution or payment service provider and are not controlled by the Seller.

5. Delivery and Handover of Goods

5.1. Delivery Methods

The products shall be delivered using the delivery method selected by the Buyer during checkout.

Available delivery methods may include:

• delivery to a parcel terminal;

• delivery to a collection point; or

• courier delivery to the address provided by the Buyer.

The available delivery methods depend on the destination, product type and other relevant circumstances.

5.2. Delivery Time

The estimated delivery time shall be displayed in the Online Store or communicated in the order confirmation.

Unless the Seller and the Buyer have expressly agreed on a different delivery period, the Seller shall deliver the order no later than 60 days after the sales contract enters into force.

Delivery estimates are indicative unless expressly confirmed as binding.

5.3. Delivery Information

The Buyer is responsible for providing accurate and complete delivery information.

The Seller and the delivery service provider shall not be responsible for delays or failed delivery caused by inaccurate or incomplete information provided by the Buyer.

If the Buyer wishes to change the delivery destination, the Buyer must notify the Seller before the order has been dispatched.

The Seller cannot guarantee that a delivery address can be changed after dispatch. Any reasonable additional expenses resulting from a change requested by the Buyer may be charged to the Buyer.

5.4. Inspection upon Delivery

The Buyer should inspect the external condition of the parcel before accepting it.

If the parcel is visibly damaged, the Buyer should, where reasonably possible:

1. record the damage with the courier or delivery service provider;

2. photograph the damaged packaging;

3. refuse acceptance if the damage is substantial; and

4. inform the Seller as soon as possible.

Acceptance of the parcel does not remove the Buyer’s statutory rights concerning defective, damaged or non-conforming products.

5.5. Delivery Delays

If the Seller is unable to deliver the order within the agreed period, the Seller shall inform the Buyer and, where appropriate, agree on an additional reasonable delivery period.

If the Seller fails to deliver within the additional agreed period, the Buyer may cancel the contract in accordance with applicable law.

Where the contract is cancelled because the Seller cannot deliver the products, the Seller shall refund the relevant payment without undue delay.

6. Cancellation and Refund Policy

6.1. Consumer’s Right of Withdrawal

A Consumer has the right to withdraw from a distance sales contract without giving a reason within 14 days.

The withdrawal period begins on the day when the Consumer, or a third party designated by the Consumer other than the carrier, receives physical possession of the product.

If one order contains several products delivered separately, the withdrawal period begins when the Consumer receives the final product.

The statutory right of withdrawal does not apply to a Buyer acting as a legal person or for purposes related to business or professional activity.

6.2. Withdrawal Notice

To exercise the right of withdrawal, the Consumer must send the Seller an unambiguous withdrawal notice before the withdrawal period expires.

The notice may be sent:

• by email to info @ wellnessexpert.it;

• through the Online Store’s contact form; or

• through the HelpDesk or customer account functionality, where available.

The notice should contain sufficient information to identify the Consumer and the relevant order.

The Consumer may use the statutory model withdrawal form, but use of that form is not mandatory.

6.3. Return of Products

After notifying the Seller of withdrawal, the Consumer must return the products without undue delay and no later than 14 days after submitting the withdrawal notice.

The return deadline is met if the Consumer dispatches the products before the 14-day period expires.

Unless the Seller has agreed otherwise or the products are incorrect, damaged or defective, the Consumer bears the direct cost of returning the products.

Condition: Items must be completely sealed, unwatched, untested, and in resalable condition. For online orders, customers must pay for return shipping costs unless stated otherwise.

6.4. Condition of Returned Products

The Consumer may inspect and handle a product only to the extent necessary to establish its nature, characteristics and functioning, in the same manner as would normally be permitted in a physical shop. Items must be completely sealed, unwatched, untested, and in resalable condition.

The Consumer is responsible for any reduction in the value of a product resulting from handling beyond what is necessary for such inspection.

6.5. Exceptions to the Right of Withdrawal

The right of withdrawal does not apply in the cases prescribed by applicable law.

In particular, the right of withdrawal may not apply to:

• products made according to the Consumer’s specifications or clearly personalised;

• products that deteriorate or expire rapidly;

• sealed products that are not suitable for return for health protection or hygiene reasons where the seal has been broken after delivery; and

• other products or services for which applicable law excludes the right of withdrawal.

For cosmetics, skincare products, hygiene products and similar goods, the exception applies only when the statutory requirements concerning health protection or hygiene are met.

6.6. Refunds Following Withdrawal

Following a valid withdrawal, the Seller shall refund all products costs payments received from the Consumer.

The refund shall not include the cost of delivery.

The refund shall be made without undue delay and no later than 14 days after the Seller receives the withdrawal notice.

The Seller may withhold the refund until the Seller has received the returned products.

Unless otherwise agreed, the refund shall be made using the same payment method used for the original transaction.

6.7. Incorrect, Damaged or Defective Products

If the Seller has delivered an incorrect, damaged or defective product, the Buyer should immediately (no later than 3 days after receiving the delivery) contact the Seller before returning it.

The reasonable return costs of an incorrect, damaged or defective product for which the Seller is responsible shall be borne by the Seller. But return cost should not exceed original shipping fee.

6.8. Complaints

Complaints concerning products purchased from the Online Store may be sent to the Seller:

• by email;

• through the contact form; or

• through the HelpDesk functionality, where available.

The complaint should include:

• the Buyer’s name and contact information;

• the order number or other proof of purchase;

• a description of the problem;

• photographs or other supporting information, where appropriate; and

• the remedy requested by the Buyer.

The Seller shall respond to a Consumer’s written complaint within 15 days.

6.9. Non-Conforming Products

The Seller is responsible for a product that does not conform to the sales contract in accordance with applicable law.

A Consumer may submit a claim concerning a lack of conformity that becomes apparent within the statutory liability period, which is generally two years from delivery of the product.

Where a product does not conform to the sales contract, the Consumer may be entitled to repair, replacement, a price reduction or termination of the contract in accordance with applicable law.

7. Security and Privacy Policy

7.1. Payment Security

Payments made through Estonian or Latvian bank links payments, Visa, Mastercard, Apple Pay or Google Pay are processed in secure payment environments and mediated by Maksekeskus AS.

PayPal payments are processed separately in the secure payment environment operated by PayPal.

The Seller has access only to payment and transaction reports necessary to administer the order. The Seller does not have access to:

• the Buyer’s complete online banking authentication information;

• the Buyer’s full payment card number;

• the Buyer’s card security code; or

• the Buyer’s complete PayPal authentication information.

Additional information about payment security is available from the relevant payment service provider.

7.2. Use and Disclosure of Personal Data

The Seller shall use the information provided by the Buyer primarily for:

• processing and fulfilling orders;

• processing and confirming payments;

• delivering products;

• communicating with the Buyer;

• handling returns, refunds and complaints;

• complying with accounting and legal obligations; and

• protecting the Seller’s legitimate rights.

The Seller may disclose the Buyer’s personal data to third parties where disclosure is necessary to perform the sales contract or comply with applicable law.

Such recipients may include:

• Maksekeskus AS, as an authorised processor, for payments mediated by Maksekeskus;

• the applicable PayPal entity, for PayPal payments;

• banks and card payment service providers;

• delivery and courier service providers;

• accounting and information technology service providers;

• professional advisers; and

• competent public authorities where disclosure is required by law.

The Seller shall not sell the Buyer’s personal data to third parties.

The Buyer’s personal data may be used for direct marketing only where the Buyer has provided the required consent or where another lawful basis applies.

Additional information is provided in the Online Store’s [Privacy Policy].

7.3. Buyer’s Data Protection Rights

The Buyer has the right to contact the Seller at any time to withdraw consent to receive personalised offers or other direct marketing communications.

Where provided by applicable data protection legislation, the Buyer also has the right to request:

• access to their personal data;

• correction of inaccurate personal data;

• deletion of personal data;

• restriction of processing;

• data portability;

• information concerning the processing of personal data; and

• termination of processing based on consent.

Withdrawal of consent does not affect the lawfulness of processing carried out before consent was withdrawn.

The Buyer may exercise their rights by contacting the Seller at:

info @ wellnessexpert.it

8. Liability and Force Majeure Circumstances

8.1.

The Seller and the Buyer shall be liable for damage caused by a breach of these Terms and Conditions in the cases and to the extent prescribed by the applicable laws of the Republic of Estonia.

The Seller shall not be liable for the partial or complete non-performance of a sales contract where the non-performance is caused by force majeure circumstances.

8.2.

The Seller shall be responsible for the technical specifications of the products sold only to the extent of the product information provided at the time of sale and to the extent that the products are not counterfeit.

Minor differences may occur between the volume or weight displayed in the Online Store and the volume or weight displayed on the actual product packaging due to conversions between different units of volume and weight.

8.3.

The Seller shall not be liable for direct or indirect damage incurred by the Buyer as a result of the use or misuse of the products.

The Seller has not conducted independent tests to verify the safety of the products for an individual user’s health, including suitability for different skin types, allergenic properties, compatibility with other products or use under special conditions.

8.4.

Any compensation paid to the Buyer in relation to a product, regardless of the reason, may not exceed the amount paid to the Seller for that product.

Under these Terms and Conditions, the Buyer shall not be compensated for non-material damage resulting from changes made by the Seller to delivery times, prices or other terms, or for lost opportunities resulting from such changes.

The limitations in this section shall apply only to the extent permitted by mandatory applicable law and shall not limit any mandatory consumer rights.

9. Other Clauses

9.1. Applicable Law

Any matter not regulated by these Terms and Conditions shall be governed by the applicable laws of the Republic of Estonia and other legal acts governing the relationship between the parties.

Where the Buyer is a Consumer residing in another country, the application of Estonian law shall not deprive the Consumer of mandatory protection granted by the laws of the Consumer’s country of residence.

9.2. Dispute Resolution

Any dispute or disagreement arising from the performance or interpretation of these Terms and Conditions shall first be resolved through negotiations between the Seller and the Buyer.

The Buyer may submit a complaint to the Seller at: