Terms of service

Contents

1. Definitions
2. Identity of Mibella Hair
3. Applicability and Formation of the Agreement
4. Offers, Orders and Order Refusal
5. Product Information and Natural Characteristics of Human Hair
6. Colour Selection, Length Selection and Advice
7. Prices and Payment
8. Discounts and Promotions
9. Delivery
10. Right of Withdrawal
11. Hygiene Seals and Statutory Exceptions to the Right of Withdrawal
12. Return Conditions and Condition of the Product
13. Complaints, Lack of Conformity and Investigation
14. Use, Care and Third-Party Treatments
15. Liability
16. Force Majeure
17. Fraud, Abuse and Manipulation of Evidence
18. Intellectual Property and Website Use
19. Privacy
20. Amendments and Applicable Law

Article 1 - Definitions

1. For the purposes of these Terms & Conditions:
   
   Mibella Hair means the business offering the Products through its webshop;
   Consumer means any natural person acting for purposes outside their trade, business, craft or profession;
   Customer means any purchaser of Products from Mibella Hair, including the Consumer, unless the context requires otherwise;
   Agreement means any distance contract concluded between Mibella Hair and the Customer; and
   Products means all products and services offered by Mibella Hair through its webshop.

Article 2 - Identity of Mibella Hair

1. Mibella Hair is established in Almere, the Netherlands, and is registered with the Dutch Chamber of Commerce under registration number 64087123.
2. Mibella Hair's current contact details, including its registered address, return address, email address and other legally required business information, are available on the webshop and may be used for questions, complaints and the exercise of statutory rights.

Article 3 - Applicability and Formation of the Agreement

1. These Terms & Conditions apply to all offers, orders and Agreements concluded between Mibella Hair and the Customer.
2. By placing an order, the Customer accepts these Terms & Conditions.
3. Any deviations from these Terms & Conditions shall only be valid if expressly confirmed by Mibella Hair in writing or on another durable medium.
4. If any provision of these Terms & Conditions is found to be invalid, void or otherwise unenforceable, the remaining provisions shall remain in full force and effect. In such event, the parties shall replace the invalid provision with a valid provision that most closely reflects the purpose and intent of the original provision.

Article 4 - Offers, Orders and Order Refusal

1. All offers are non-binding and valid while stocks last.
2. Obvious mistakes, manifest pricing errors and evident typographical or image-related errors shall not be binding upon Mibella Hair.
3. Mibella Hair may refuse an order or impose additional conditions where there is an objective reason to do so, including but not limited to insufficient availability, suspected fraud, incorrect or incomplete information, an obvious pricing or product information error, payment issues, or sanctions and security checks.
4. An Agreement is concluded when Mibella Hair confirms the order or commences performance of the Agreement.

Article 5 - Product Information and Natural Characteristics of Human Hair

1. Mibella Hair's Products are made from human donor hair. As human hair is a natural product, slight and commercially acceptable variations may occur between individual Products and within the same Product.
2. Unless expressly stated otherwise, slight and commercially acceptable differences in, among other things, colour or undertone, texture, wave or curl pattern, density, visible length, shrinkage, frizz, flyaways, short hairs, occasional grey hairs and changes resulting from washing, brushing, humidity, climate, heat or styling are considered natural or inherent characteristics of human hair and do not, in themselves, constitute a defect.
3. As human hair is sourced from different donors, individual Products or bundles may vary in colour, undertone, texture, curl pattern, density, shine and other natural characteristics. Such variations do not, in themselves, constitute a defect. Nor can Mibella Hair guarantee that a Product will be identical to a previously supplied Product, a previous order or a sample photograph.
4. All coloured hair Products offered by Mibella Hair are professionally coloured or processed using colouring techniques such as highlights, balayage, ombré or other colouring methods. As these Products are made from human hair and are professionally coloured or partially assembled by hand, slight and commercially acceptable differences may occur in, among other things, colour, undertone, highlight distribution, colour placement, intensity and transitions. Such variations do not, in themselves, constitute a defect.
5. For wavy, curly and coily Products, the visible length may appear shorter than the stated length due to the hair texture. Unless expressly stated otherwise, the stated length is measured with the hair fully stretched.
6. Product photographs, videos, advertisements, social media content, influencer content, customer photographs, swatches and other visual material are intended for illustrative purposes only. Lighting conditions, studio photography, screen settings, device calibration, image editing and the Customer's own hair colour may influence the appearance of, among other things, colour, shine, depth, highlights, balayage, ombré and undertones.
7. Products may be styled, curled, blow-dried, heat-treated or otherwise presented for display purposes in order to showcase the Product as accurately as possible. The manner in which a Product is presented does not affect the applicability of the agreed Product description or the rights granted to the Consumer under the Agreement and applicable law.
8. The foregoing does not affect the requirement that the delivered Product must conform to the Agreement, the expressly agreed Product description and the reasonable expectations that the Customer may have under the Agreement and applicable law.

Article 6 - Colour Selection, Length Selection and Advice

1. Mibella Hair may provide advice regarding the selection and suitability of its Products. However, the Customer's final choice remains dependent on the Customer's personal preferences, natural hair base and desired result.
2. Shade matches, colour advice, length charts, sample photographs and customer communications are intended as guidance only and shall not be regarded as a guarantee of an identical visual end result.
3. If in doubt, Mibella Hair advises Customers to make use of the available colour or product advice in advance and to assess colour selections in natural daylight.
4. Digital colour advice, shade matches and product recommendations remain estimates. Screen settings, cameras, lighting, image editing and individual colour perception may affect the appearance of colours and undertones.

Article 7 - Prices and Payment

1. All consumer prices displayed on the webshop include VAT, unless expressly stated otherwise.
2. Shipping costs, any applicable surcharges and the total purchase price will be displayed no later than during checkout.
3. Payment must be made using one of the payment methods offered through the webshop.
4. Mibella Hair is entitled to suspend performance of the Agreement until valid payment has been received or if a payment transaction is refused, reversed or flagged as suspicious.
5. Once an Agreement has been concluded, price changes shall not be applied to the Customer's detriment, except in the event of obvious errors.

Article 8 - Discounts and Promotions

1. Discounts, promotions and discount codes are valid only during the stated promotional period and subject to the applicable terms and conditions.
2. Discounts, promotions and discount codes cannot be combined unless expressly stated otherwise.
3. Discounts shall not be applied retrospectively to orders that have already been placed, unless Mibella Hair decides otherwise.

Article 9 - Delivery

1. Mibella Hair shall deliver the Products to the address or collection point specified by the Customer.
2. Any delivery times stated are indicative unless an explicit deadline has been agreed.
3. If delivery is delayed, Mibella Hair will inform the Customer as soon as reasonably possible.
4. In the case of consumer sales, the risk of loss or damage to the Product passes to the Consumer when the Product is physically delivered to the Consumer or to a third party designated by the Consumer, other than the carrier.
5. If the Customer chooses a carrier or delivery method not offered by Mibella Hair, the risk shall pass earlier only to the extent permitted by applicable law.
6. If an order cannot be fulfilled or cannot be fulfilled on time, the Consumer shall be entitled to the statutory remedies available under applicable law in the event of delayed delivery.
7. If an order cannot be delivered, is not collected from a collection point or is returned due to an incorrect or incomplete delivery address provided by the Customer, Mibella Hair may charge the Customer the reasonable costs of reshipping, to the extent permitted by applicable law.
8. The Consumer is advised to inspect the order as soon as reasonably possible after delivery. If visible transport damage or any apparent discrepancy is identified, the Consumer is advised to notify Mibella Hair within a reasonable period.
9. Deliveries outside the European Union may be subject to import duties, taxes or other local charges. To the extent these are not collected by Mibella Hair during checkout, they shall be borne by the Customer.

Article 10 - Right of Withdrawal

1. The Consumer has the statutory Right of Withdrawal of fourteen days in accordance with applicable law. Mibella Hair voluntarily offers an extended return period of thirty days, subject to the conditions and exceptions set out in these Terms & Conditions.
2. To exercise the Right of Withdrawal or the voluntary extended return period, the Consumer must send Mibella Hair an unequivocal statement within the applicable period. This may be done through the online return portal, by email, via customer service chat or by any other unequivocal means. The use of a specific form or return portal is not mandatory.
3. After notifying Mibella Hair of the withdrawal, the Consumer must return the Product without undue delay and no later than fourteen days thereafter.
4. The direct costs of returning the Product shall be borne by the Consumer unless Mibella Hair has agreed otherwise in advance or applicable law provides otherwise.
5. Mibella Hair shall reimburse all payments received from the Consumer for the returned Product, including the standard outbound delivery costs where required by applicable law, no later than fourteen days after receiving the Consumer's withdrawal notice. Mibella Hair may withhold reimbursement until it has received the returned Product or until the Consumer has provided proof of return shipment, whichever occurs first.
6. Any additional costs resulting from the Consumer choosing a delivery method other than the least expensive standard delivery offered by Mibella Hair shall not be reimbursed, to the extent permitted by applicable law.
7. The Consumer shall be liable for any diminished value of the Product resulting from handling or use beyond what is necessary to establish the nature, characteristics and functioning of the Product. In the case of hair Products, this may include, among other things, wearing, installing, washing, cutting, colouring, bleaching, tinting, chemically treating or otherwise modifying the Product.

Article 11 - Hygiene Seals and Statutory Exceptions to the Right of Withdrawal

1. For Products that are sealed for reasons of health protection or hygiene, the Right of Withdrawal shall cease to apply after the seal has been broken, provided that the Product falls within the statutory exception for sealed goods that are not suitable for return due to health protection or hygiene reasons.
2. A hygiene seal or control seal includes, among other things, any tie-wrap, zip tie, cable tie, plastic seal, closure seal or other seal applied by Mibella Hair to demonstrate that the Product is unused, unworn, unwashed, unmodified and authentic. If such a seal is broken, removed, cut, loosened or otherwise manipulated after delivery, the Right of Withdrawal may cease to apply to the extent permitted by applicable law.
3. If, in a specific case, it is determined that the statutory Right of Withdrawal has not fully ceased to apply despite the seal having been broken, the Consumer shall remain liable for any resulting diminished value.
4. The Right of Withdrawal also does not apply to Products made to the Consumer's specifications, clearly personalised Products or Products that otherwise fall within a statutory exception.

Article 12 - Return Conditions and Condition of the Product

1. Where the Right of Withdrawal still exists, Products must be returned in their original and verifiable condition.
2. Depending on the circumstances and to the extent permitted by applicable law, returns may result in a full or partial deduction for diminished value or may be refused if the Product has been worn, installed, permanently or semi-permanently attached to the Customer's own hair, washed, brushed beyond what is necessary for inspection, cut, including the cutting of lace, tinted, coloured, bleached, toned, chemically treated, treated with purple shampoo, permed or otherwise modified.
3. Products that, as a result of such handling, are no longer in their original, hygienically suitable or saleable condition cannot be regarded as unused Products.
4. The Consumer must package returned Products carefully. Any damage resulting from inadequate return packaging shall be borne by the Consumer.
5. If a Product is returned as part of a quality complaint or an investigation into Lack of Conformity, the Customer shall, where reasonably possible, return the Product in the condition in which the alleged defect was identified. Further chemical treatments, modifications or other substantial alterations may limit the assessment of the complaint.

Article 13 - Complaints, Lack of Conformity and Investigation

1. If the Customer believes that a Product does not conform to the Agreement, the Customer must notify Mibella Hair within a reasonable time after the defect was, or could reasonably have been, discovered.
2. The Customer is requested to describe the complaint as completely as reasonably possible and, where reasonably possible, provide relevant information, including photographs, videos and information regarding the use, maintenance and any treatments of the Product.
3. Mibella Hair will determine which information is reasonably necessary for a careful assessment of the complaint and may request additional information or visual material.
4. Where necessary for a proper assessment, Mibella Hair may request that the Product concerned be returned for inspection. If the complaint relates to a set, combination or related Product, Mibella Hair may request the return of the complete relevant Product or set where a partial return would make an objective assessment impossible.
5. Until the information or Product reasonably required for the assessment has been received, Mibella Hair may suspend the handling of the complaint.
6. If the Customer suspects that the Product has an original defect, the Customer is advised, where reasonably possible, to refrain from any further chemical treatments, colouring, cutting or other substantial modifications until Mibella Hair has had the opportunity to assess the Product.
7. Mibella Hair will assess every quality complaint carefully, objectively and individually. When assessing a quality complaint, Mibella Hair will take into account all relevant circumstances of the case, including the nature of the Product, the Product information provided, the information supplied by the Customer, the use and maintenance of the Product, any treatments applied and, where applicable, the results of a physical inspection.
8. Mibella Hair aims to acknowledge receipt of a quality complaint within two business days. If further investigation is required, the Customer will be informed accordingly and, where possible, will receive an indication of the expected timeframe for further handling.
9. If the investigation shows that the Product does not conform to the Agreement, the Consumer shall be entitled to the statutory remedies applicable under the circumstances, including repair, replacement, a price reduction or termination of the Agreement, to the extent provided by applicable law.
10. Nothing in these Terms & Conditions limits the Consumer's statutory rights regarding Lack of Conformity.

Article 14 - Use, Care and Third-Party Treatments

1. The Customer must follow the care and maintenance instructions provided by Mibella Hair or published on the webshop.
2. The results and lifespan of human hair Products are influenced by, among other things, washing, brushing, heat, styling, humidity, climate, sleeping, third-party products and the Customer's individual usage.
3. Treatments such as bleaching, colouring, toning, the use of silver or purple shampoo, perming, relaxing, keratin or protein treatments, aggressive heat styling, cutting, lace tinting, sealing, customisation, installation, removal or any other chemical or mechanical treatment carried out by the Customer or by third parties are entirely at the Customer's own risk.
4. If chemical treatments, colour treatments, cutting or other substantial modifications make it impossible to objectively determine the Product's original condition, this may limit the assessment of any quality complaint.
5. If the Customer suspects that the Product has an original defect, the Customer should, where reasonably possible, report this before carrying out any chemical treatment or other substantial modification.

Article 15 - Liability

1. Nothing in these Terms & Conditions limits or excludes liability where such limitation or exclusion is not permitted under mandatory applicable law.
2. To the extent permitted by applicable law, Mibella Hair shall not be liable for any indirect or consequential loss or damage, including but not limited to loss of income, missed appointments, loss of revenue, salon costs, installation costs, removal costs, reinstallation costs, hairstylist fees, travel expenses or damage resulting from treatments or services provided by third parties.
3. Mibella Hair shall likewise not be liable for the cosmetic or technical outcome of bleaching, colouring, toning or any other treatment not carried out by Mibella Hair.
4. If, notwithstanding the foregoing, Mibella Hair is found to be liable, such liability shall, to the extent permitted by applicable law, be limited to the purchase price of the Product concerned, unless mandatory applicable law requires a higher level of liability.
5. The Customer must document and report any damage as soon as reasonably possible.

Article 16 - Force Majeure

1. Mibella Hair shall not be obliged to fulfil any obligation if prevented from doing so by force majeure.
2. Force majeure means any circumstance beyond Mibella Hair's reasonable control that temporarily or permanently prevents the fulfilment of its obligations, including but not limited to disruptions affecting carriers, suppliers, payment providers, network or system failures, government measures, epidemics, war, strikes and other external events.
3. In the event of force majeure, Mibella Hair may suspend performance of the Agreement or terminate the Agreement in whole or in part, to the extent permitted by applicable law.

Article 17 - Fraud, Abuse and Manipulation of Evidence

1. Mibella Hair maintains a strict policy against fraud, return abuse, chargeback abuse, product switching, falsified or manipulated photographs, falsified or misleading screenshots and any other form of misleading evidence.
2. Where there is a reasonable suspicion of fraud or abuse, Mibella Hair may, among other things:
   a. request additional verification;
   b. suspend a claim or return request;
   c. inspect a shipment or returned Product;
   d. suspend a refund, to the extent permitted by applicable law, until the investigation has been completed;
   e. refuse future orders or accept them only subject to additional conditions;
   f. report the matter to payment providers, carriers, insurers or the competent authorities;
   g. recover reasonable direct costs and damages, to the extent permitted by applicable law.
3. Nothing in this Article limits the rights of bona fide Consumers with a legitimate complaint.

Article 18 - Intellectual Property and Website Use

1. All intellectual property rights relating to the webshop, content, photographs, videos, texts, designs and branding of Mibella Hair are vested in Mibella Hair or its licensors.
2. Nothing in this Article shall be construed as transferring any intellectual property rights to the Customer.

Article 19 - Privacy

1. Mibella Hair processes personal data in accordance with the applicable privacy legislation.
2. For more information regarding the processing of personal data and the use of cookies, Mibella Hair refers to its Privacy Policy and Cookie Policy available on the webshop.

Article 20 - Amendments and Applicable Law

1. Mibella Hair may amend these Terms & Conditions from time to time. Amendments shall not apply retrospectively to Agreements already concluded unless permitted by applicable law.
2. These Terms & Conditions and any Agreement between Mibella Hair and the Customer shall be governed by Dutch law.
3. If the Customer is a Consumer and Mibella Hair directs its commercial activities to the Consumer's country of residence, this choice of law shall not deprive the Consumer of the mandatory consumer protection provisions of the country in which the Consumer resides.
4. Any disputes shall be submitted to the competent court in accordance with the applicable legal rules. If the Customer is a Consumer, nothing in these Terms & Conditions excludes any mandatory jurisdiction rights to which the Consumer is entitled under applicable law.