Clearly B.V.
The Dutch text of these Terms and Conditions is legally binding. This English translation is for informational purposes only. In the event of any discrepancy, the Dutch version prevails.
Article 1 - Definitions
In these Terms we mean by:
Consumer: a natural person acting for purposes outside their trade, business or profession.
Business customer: a natural person or legal entity acting in the exercise of a trade, business or profession.You / your: the person who places an Order or enters into a Routine.
Products: dietary supplements and related products from our webshop.
Order: a one-time purchase through the checkout.
Routine: a subscription with recurring deliveries and payments, until you cancel.
Agreement: the agreement formed after an Order or the start of a Routine.
Right of withdrawal: the right to cancel the Agreement within the cooling-off period.
Terms: these terms and conditions.
Durable medium: any medium that allows you to store information for future, unaltered access (such as e-mail or pdf).
Article 2 - Who we are
Seller: Clearly B.V.
Address: Nijenburg 2A, 1081 GG Amsterdam, the Netherlands
E-mail: Contact@clearly.eu
Phone: +31615672234
Chamber of Commerce (KvK): 95059210
VAT: NL866984203B01
Article 3 - Applicability
3.1 These Terms apply to every offer, every Order and every Routine through our webshop.
3.2 You can review, save and print these Terms before purchase.
3.3 Do additional promotional or product terms apply alongside these Terms? Then those apply in addition. In the event of a conflict, the provision most favourable to the consumer prevails.
3.4 If any provision proves invalid, the remaining provisions remain in force. We will replace the invalid provision with a valid one that approximates the original purpose as closely as possible.
3.5 Are you acting as a Business customer? See article 24 for different rules.
Article 4 - Offer and product information
4.1 All offers are non-binding and valid while stocks last.
4.2 Our Products are dietary supplements, not medicines. They are not intended to diagnose, treat, cure or prevent any disease.
4.3 Always follow the label. Do not exceed the recommended daily intake.
4.4 Pregnant, breastfeeding, taking medication, have a medical condition or under 18? Consult a healthcare professional first.
4.5 Allergens and ingredients are listed on the product page and packaging. It is your responsibility to check whether a Product is suitable for you.
4.6 Information on the website does not constitute medical advice.
4.7 Images are for illustration purposes. Products may differ in details (batch variations, packaging changes) without affecting the core product.
Article 5 - Prices and obvious errors
5.1 All prices include VAT. Shipping costs are shown in the checkout before payment.
5.2 The price at checkout applies to your Order. No retroactive price compensation for later price reductions or missed promotions.
5.3 Obvious errors (such as a clear pricing mistake) are not binding. We will contact you: you either agree to the corrected price or cancel free of charge with a full refund.
5.4 Discounts and promotions apply only under the conditions stated with the promotion. Discount codes cannot be combined, unless we explicitly state otherwise.
Article 6 - Formation of the Agreement
6.1 The Agreement is formed once you complete checkout and payment is successfully processed.
6.2 You will receive a confirmation by e-mail. No confirmation received? Please contact us.
6.3 We may refuse or cancel an Order on reasonable grounds, such as suspected fraud, failed payment, incorrect address or stock issues. In the event of cancellation we will refund the amount paid.
Article 7 - Payment
7.1 You pay directly at checkout using the available payment methods.
7.2 No successful payment = no Agreement.
7.3 Paying through a third-party service (such as Klarna)? Then the terms of that service provider also apply to the payment processing. Clearly's responsibility for delivery remains fully in effect.
7.4 For recurring payments with Routines: see article 12.
Article 8 - Delivery
8.1 We deliver to the countries available in the checkout.
8.2 Delivery times are indicative. If delivery is not possible within 30 days of order confirmation (unless otherwise agreed), you may cancel and we will issue a refund.
8.3 Risk passes to you once you (or a person designated by you, not the carrier) physically receive the package.
Article 9 - Failed delivery and incorrect address
9.1 You are responsible for providing a correct and complete delivery address and for collecting packages from a pick-up point in time.
9.2 If a package is returned because (a) the address was incorrect or incomplete, (b) you did not collect it in time, or (c) you refused delivery without legal grounds, we may:
(i) reship the package after you have paid the additional shipping and handling costs; or
(ii) refund the product price, minus the actual shipping and return costs.
9.3 This does not limit your statutory rights, including the right of withdrawal (article 10).
Article 10 - Right of withdrawal
This article applies to Consumers in the EU/EEA.
Period
10.1 You may withdraw from the Agreement within 14 days of receiving the Products, without giving any reason.
10.2 If you receive multiple Products in one Order with separate deliveries, the cooling-off period starts the day after you receive the last Product. If a delivery consists of multiple shipments or parts, the cooling-off period starts the day after you receive the last shipment.
How to withdraw
10.3 Send us a clear statement within the period, for example by e-mail to contact@clearly.eu. You may also use the model form in Appendix 1.
10.4 Submitting electronically? We will send you an acknowledgement of receipt without delay.
Registering a return and return address
10.5 You register your return via our returns portal. You will then receive a return label and the return address. You may also return the Products yourself; in that case, contact us for the correct address. Do not send returns to our office address, unless we explicitly indicate otherwise.
10.6 After your withdrawal notification you have 14 days to return the Products. We recommend shipping with tracking and keeping proof of shipment.
Condition of returned goods and diminished value
10.7 You may unpack and inspect Products as you would in a physical shop (for example, reviewing the packaging and label). Use beyond what is necessary to assess the Product may result in diminished value, which we may deduct from the refund.
Return costs
10.8 Return shipping costs are at your expense. Costs per country are shown in the returns portal.
10.9 Did we make a mistake (wrong or damaged Product delivered)? Then we will cover the return costs.
Refund
10.10 Upon withdrawal we will refund all payments for the withdrawn Products, including standard outbound shipping costs (if we charged them). We will do so within 14 days of your withdrawal notification at the latest.
10.11 We may withhold the refund until we have received the return shipment or you have provided proof of shipment, whichever comes first.
10.12 Did you choose a more expensive shipping method than our cheapest standard option? Then we will only refund the standard costs.
10.13 Refunds are issued using the same payment method you used, unless we agree otherwise.
Extended cooling-off period
10.14 If we have not provided you with all legally required information about the right of withdrawal, the cooling-off period is extended by up to 12 months. If we provide that information at a later stage, the cooling-off period ends 14 days after you receive it.
Article 11 - Exclusion of the right of withdrawal
11.1 The right of withdrawal does not apply to sealed Products that are not suitable for return due to health protection or hygiene reasons, if the seal has been broken after delivery (article 6:230p(f) Dutch Civil Code).
11.2 Specifically: dietary supplements in a sealed pouch, sachet or other packaging with a hygiene or safety seal, where that seal has been broken after delivery.
11.3 If the Product is not sealed, or if you return it sealed and unopened, the right of withdrawal applies in full.
11.4 We communicate this exclusion before purchase on the product page and in the checkout.
Article 12 - Routines (subscriptions)
This article applies if you start a Routine.
What is a Routine
12.1 An ongoing Agreement with recurring deliveries and payments, until you cancel. You are not locked in.
Formation and consent
12.2 A Routine is formed once you complete checkout and have been clearly informed about: (a) the delivery frequency, (b) the price (including any introductory discount and the regular price), (c) shipping costs (if applicable), and (d) the obligation of recurring payments.
12.3 You give consent for us and our payment partners to periodically charge your chosen payment method until you cancel.
Confirmation
12.4 You will receive a confirmation by e-mail with the key terms, and instructions on managing and cancelling. We retain records of your consent and transactions.
Automatic continuation
12.5 The Routine continues indefinitely and is automatically renewed each cycle, unless you cancel.
Managing, pausing and cancelling
12.6 You manage, pause, adjust and cancel your Routine through your customer account on our website. A subscription taken out online can also be cancelled online.
12.7 Customer account unavailable? Then you can cancel by e-mail to contact@clearly.eu.
12.8 Cancellation is free and can be done at any time. Changes (including cancellation) apply to the next delivery if you cancel before the next order is processed. The processing moment is shown in your customer account or confirmation e-mail.
12.9 Cancelling after the order has already been processed? That shipment will still be delivered and invoiced. The cancellation takes effect from the following cycle.
12.10 Do we offer features such as pausing, skipping or adjusting products? Then the rules in the customer account apply. In the event of a conflict, the interpretation most favourable to your statutory rights prevails.
Price changes
12.11 The Routine price shown at checkout applies until we change it in accordance with this article.
12.12 We will notify you at least 14 days in advance by e-mail or other durable medium. You can cancel your Routine before the new price takes effect. The new price applies from the first billing cycle after the notification period.
Failed payments
12.13 If a payment fails, we may retry in accordance with the payment provider's policy. If payment is not successful after reasonable attempts, we will pause or terminate the Routine after notification.
12.14 Amounts for shipments already processed or delivered remain due.
Right of withdrawal for Routines
12.15 For the Routine as an agreement you have a 14-day right of withdrawal from the day after you entered into it.
12.16 For each individual delivery the right of withdrawal under article 10 applies, with the exception under article 11.
12.17 Cancelling stops future deliveries, but does not automatically result in a refund for shipments already delivered or processed, unless you validly withdraw or make a conformity claim (article 13).
Returns for Routine shipments
12.18 The same return and refund rules as for one-time Orders apply (articles 10 and 11).
Article 13 - Conformity and statutory guarantee
13.1 You are entitled to Products that conform to the Agreement and the product description.
13.2 Product defective, damaged or not as described? Contact us as soon as possible at contact@clearly.eu with your order number and, where possible, photos. There is no strict notification deadline that limits your statutory rights, but quicker contact = quicker resolution.
13.3 In the EU a minimum conformity period of two years after delivery applies. In the event of non-conformity you are entitled to an appropriate remedy, such as replacement, price reduction or termination with a refund. Depending on the Product and the circumstances, the period may be longer.
13.4 These Terms do not limit your statutory rights.
13.5 Any additional guarantee from Clearly or a manufacturer does not limit your statutory rights.
Article 14 - Complaints
14.1 You can submit complaints via contact@clearly.eu.
14.2 We will respond substantively within 14 days. If we need more time, we will let you know within that period.
14.3 A complaint does not suspend payment obligations for other orders, unless we agree otherwise.
Article 15 - Fraud, abuse and chargebacks
15.1 We may take reasonable measures against fraud and abuse: cancelling orders, requesting additional verification or blocking accounts.
15.2 Think a charge is incorrect? Contact us first and we will look into it.
15.3 If a chargeback is filed while delivery has been confirmed or while we are actively working on a resolution, we may provide evidence to the payment provider and restrict future Orders from that account, to the extent permitted by law.
Article 16 - Free extras and gifts with promotions
16.1 If you receive a free extra product or gift as part of a promotion, this may be subject to the promotional terms.
16.2 If you return the main products and no longer meet the promotional conditions, we may ask you to also return the gift. If you do not, we may deduct the value of the gift from the refund, to the extent legally permitted and reasonable.
Article 17 - Liability
17.1 Nothing in these Terms limits liability that may not be excluded by law: intent, wilful recklessness, death or personal injury caused by negligence, and mandatory product liability.
17.2 To the extent permitted by law we are not liable for indirect or consequential damages, such as loss of profit or missed savings.
17.3 Our total liability per Order or Routine shipment is limited to the amount paid for that Order or shipment, to the extent permitted by law.
17.4 We are not liable for damage caused by incorrect use of Products, ignoring warnings or not following label instructions.
Article 18 - Force majeure
18.1 In circumstances beyond our reasonable control (transport problems, strikes, fire, pandemics, government measures, supplier failure) we may suspend our obligations.
18.2 If the force majeure lasts longer than 60 days, either you or we may terminate the affected part of the Agreement. We will refund the amount paid for undelivered Products.
Article 19 - Privacy
We process personal data to fulfil Orders and Routines and to provide customer service. How we do this, on what legal basis and what rights you have under the GDPR is explained in our Privacy Policy (link in the footer).
Article 20 - Intellectual property
All rights to text, images, designs and other content on the webshop belong to Clearly or its licensors. Use without our prior written permission is not permitted.
Article 21 - Changes to these Terms
21.1 We may amend these Terms. The latest version is always available on our website with the date "Last updated".
21.2 For Orders the version you accept at checkout applies.
21.3 For Routines: if a change materially affects your rights or obligations, we will inform you in advance by e-mail or durable medium. You may then cancel before the change takes effect. The amended Terms apply from the first billing cycle after the announced effective date.
Article 22 - Applicable law and disputes
22.1 Dutch law applies.
22.2 Do you reside in another EU or EEA country? Then you retain the mandatory consumer protection of your country of residence.
22.3 If we cannot resolve a dispute together, you may submit it to an alternative dispute resolution (ADR) body, where available. Otherwise to the competent court.
22.4 EU consumers may generally also bring proceedings before the court of their place of residence.
Article 23 - Language
23.1 The Dutch text of these Terms is legally binding.
23.2 Translations (including English, German, Polish, Spanish, French and Italian) are for informational purposes only. In the event of any discrepancy the Dutch version prevails.
Article 24 - Business customers
24.1 Are you acting as a Business customer? Then the articles on the right of withdrawal (10, 11 and 12.15 through 12.17) do not apply.
24.2 For business Orders we may apply additional terms (minimum order quantities, payment terms, different delivery conditions), provided these are agreed in writing in advance.
