Términos de uso

§ 1 Scope, provider and contracting parties

These Terms of Use govern your use of the Salonify Marketplace operated by Noe Nei, trading as “Salonify”, Luxembourg (an individual sole proprietorship). By creating an account, placing an order or otherwise using the marketplace, you agree to these terms.

Salonify provides the technical platform and acts as an intermediary. The sales contract for any product is concluded directly between you (the buyer) and the independent salon, beauty professional or merchant offering that product (the “seller”), not with Salonify. Salonify is not a party to that sales contract.

These terms apply in the version in force at the time you place an order. Diverging terms of a buyer do not apply unless we have expressly agreed to them in writing.

§ 2 Role of Salonify as intermediary and marketplace

Salonify operates the marketplace as a technical platform and intermediary only. It enables sellers to list and sell their own products and provides the supporting technology and the payment processing.

Salonify is not the seller, manufacturer, importer or distributor of the products offered. It does not own the goods and does not warrant their characteristics. The responsibility for the products, their description, their lawful sale, their delivery and any defects lies with the respective seller.

§ 3 Sellers, non-salon shops and the merchant of record

Sellers on the marketplace are not limited to salons. Anyone meeting our requirements may register as a Shop to sell physical products on the marketplace, whether or not they operate a salon. Registered shops receive a restricted seller dashboard that lets them list products, manage stock and orders, set shipping options and view their payouts.

For every product sale, the registered seller is the merchant of record. The seller, and not Salonify, is the contractual partner of the buyer for that sale and is responsible for the product, its description, its lawful sale, its packaging and shipping, its taxes (including VAT, see § 8) and any defects, returns or refunds owed under these terms and applicable law.

Sellers must provide accurate business and contact details and comply with the separate seller/partner terms that govern their relationship with Salonify. Salonify may verify seller details and may decline, restrict or suspend a seller account that is incomplete, false or in breach of those terms or of the law.

§ 4 Registration, user account and access credentials

To place an order, you may need to register and create a user account. You must provide accurate, complete and current information and keep it up to date.

You must keep your login credentials confidential and not share them with third parties. You are responsible for activity carried out under your account. Each user may hold only one account. Please notify us without undue delay if you suspect unauthorised use of your account.

You must be of the age of majority and have the legal capacity to enter into a binding contract.

§ 5 Offer and conclusion of contract

Product listings on the marketplace are an invitation to treat (invitatio ad offerendum), not a binding offer. By submitting your order, you make a binding offer to buy the products in your basket.

A contract is formed when your order is confirmed; you then receive an order confirmation. Where your basket contains products from several sellers, a separate contract is concluded with each seller, and your order is processed and fulfilled per seller.

The sales contract is concluded directly between you and the relevant selling venue for the products in that order and is fulfilled by that seller.

§ 6 Prices, VAT and shipping costs

The prices shown are the prices applicable at the time of the order and are shown VAT-inclusive (value-added tax / TVA), unless stated otherwise.

Each seller is responsible for its own VAT and other tax obligations, including charging, declaring and remitting VAT where applicable. Salonify is not the tax debtor for the products sold. Salonify provides invoices for marketplace orders through the platform.

Shipping costs are not included in the product price. They are set per seller (typically based on destination country and weight) and are shown separately at checkout before you complete payment, so that the total payable is transparent before you place your order.

§ 7 Payment processing

Payments are processed securely through Stripe (including Stripe Connect). By paying, you authorise the charge for your order, including applicable taxes and shipping costs.

Salonify collects payment on behalf of the sellers via the platform and forwards the proceeds to the respective seller, subject to the funds-holdback (escrow) mechanism in § 9. The accepted payment methods are those shown at checkout. If a payment fails or is reversed, or if you are in default of payment, the seller and Salonify may withhold delivery and assert their statutory rights.

§ 8 Marketplace commission and payouts to sellers

Salonify operates as the platform and intermediary and charges sellers a marketplace commission on each product sale. The commission is currently 15% of the order value (the applicable rate is shown to sellers in their dashboard and agreement and may be changed for future orders on reasonable prior notice). The commission is deducted from the seller's proceeds; it does not increase the price you pay as a buyer.

Payouts to sellers are made through Stripe Connect to the seller's connected account, net of the marketplace commission, any applicable payment-processing fees and any refunds or holdbacks under these terms. Payout timing follows Stripe's payout schedule and the seller's Stripe Connected Account Agreement.

§ 9 Funds holdback (escrow) and confirmation of receipt

To protect buyers and sellers, your payment is held by the platform and is not released to the seller until fulfilment is confirmed. The seller is paid out only after the holdback is released as described below.

After your order is delivered, you have 48 hours to confirm receipt or to report a problem with the order. If you take no action within those 48 hours, the order is automatically treated as confirmed and the seller's funds are released.

If you report a problem within the 48-hour window, the funds are placed on hold, a customer case is opened, and Salonify reviews and mediates the matter before any release or refund. Salonify's review does not decide the dispute in a legally binding way and does not limit your statutory rights against the seller (see § 16 and § 23).

Releasing the holdback to the seller does not affect your statutory rights, including your right of withdrawal (§ 10 to § 12) and your warranty rights for defective goods (§ 16).

§ 10 Shipping deadline and automatic cancellation

Sellers must ship paid orders promptly. As a default service level, the seller must ship within 3 business days of payment.

An order that has not been shipped within 24 hours of payment is flagged for follow-up. If the order is still not shipped within 5 days of payment, it is automatically cancelled and you are refunded in full to your original payment method or, where applicable, to your Salonify balance.

These deadlines are platform service levels designed to protect buyers. They are without prejudice to any shorter delivery time a seller has expressly promised and to your statutory rights.

§ 11 Delivery, shipping, delivery times and pickup

Shipping and delivery are carried out by the seller. Shipping costs are calculated per seller based on the destination country and the weight of the order and are shown at checkout. Delivery times stated on the marketplace are estimates and not binding dates unless expressly agreed as such.

Where a seller offers it, a local pickup option may be available instead of shipping. Details of any pickup option are shown by the seller during checkout.

§ 12 Passing of risk

If you are a consumer, the risk of loss of or damage to the goods passes to you only when the goods are delivered to you (or to a carrier you have appointed yourself, where you arranged that carriage without a carrier proposed by the seller).

Until the goods reach you, the seller bears the shipping risk. Goods lost or damaged in transit are therefore the seller’s responsibility.

§ 13 Right of withdrawal for consumers (14 days)

If you are a consumer buying at a distance, you have the right to withdraw from the contract within 14 days without giving any reason.

The withdrawal period is 14 days from the day on which you (or a third party named by you, other than the carrier) take possession of the goods. Where you ordered several goods in one order that are delivered separately, the period runs from possession of the last item.

To exercise the right of withdrawal, you must inform the seller (or our support, who will forward it) of your decision to withdraw by a clear statement (for example a letter sent by post or an email) before the period expires. You may use the model withdrawal form below, but it is not obligatory. After declaring withdrawal you must send the goods back without undue delay and at the latest within 14 days.

Model withdrawal form — to declare withdrawal, you can copy and complete the following:

• To: [name of the seller / selling venue], via Salonify Marketplace, [email protected]
• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*):
• Ordered on (*) / received on (*):
• Name of consumer(s):
• Address of consumer(s):
• Order number / reference:
• Signature of consumer(s) (only if this form is notified on paper):
• Date:
• (*) Delete as appropriate.

§ 14 Exclusion and lapse of the right of withdrawal

In accordance with Art. 16(e) of Directive 2011/83/EU, the right of withdrawal does not apply to sealed goods which are not suitable for return for the protection of health or for hygiene reasons if they have been unsealed after delivery — for example opened or unsealed cosmetics and personal-care products.

Other statutory exceptions also apply, in particular: goods made to the consumer’s specifications or clearly personalised; goods that are liable to deteriorate or expire rapidly (perishable goods); and sealed audio or video recordings or sealed software once unsealed. Your statutory rights for defective goods (warranty) are not affected by these exceptions.

§ 15 Effects of withdrawal and return shipping costs

In the case of an ordinary withdrawal, you bear the direct cost of returning the goods. If the goods are defective, damaged, incorrect or otherwise not in conformity, the seller bears the cost of return and provides a remedy.

Where you validly withdraw, the seller reimburses all payments received, including the standard delivery costs, without undue delay and within 14 days of being informed of your withdrawal. The seller may withhold reimbursement until it has received the goods back or you have supplied evidence of having sent them back, whichever is earlier.

You may be liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.

§ 16 Refunds

Refunds are processed technically through Stripe and are issued to your original payment method or, where applicable, credited to your Salonify balance. Salonify carries out the technical refund on behalf of the seller; the underlying decision and obligation to refund lie with the seller in accordance with your statutory rights and these terms, except for platform-initiated full refunds on auto-cancellation under § 10 and on a resolved problem report under § 9.

§ 17 Statutory warranty, defect rights and complaints

The statutory warranty (rights for defective goods) applies and is owed by the seller, who is responsible for the conformity of the goods. If the goods are defective, you have your statutory rights against the seller, which may include repair, replacement, a price reduction or rescission of the contract under the applicable conditions.

Please address complaints to the selling venue or to Salonify support, which will help to forward and mediate the matter. Salonify’s mediation does not limit or replace your statutory rights against the seller.

§ 18 Loss or damage in transit, missing or wrong delivery

If your order is not delivered, is delivered incompletely or incorrectly, or is lost or damaged in transit, please contact Salonify support or the seller without undue delay.

Because risk passes to consumers only on delivery (see § 8), goods lost or damaged in transit are the seller’s responsibility. The seller must remedy the problem in line with your statutory rights — by replacement, repair or refund.

§ 19 Prohibited and restricted products

Sellers may only offer lawful, compliant and safe products. The following are prohibited, among others:

• Counterfeit goods or branded fakes and any product infringing third-party intellectual-property rights.
• Non-authorised, mislabelled or unsafe cosmetics; sellers must comply with the EU Cosmetics Regulation (EC) No 1223/2009, including its safety, labelling and notification requirements.
• Prescription-only, age-restricted or otherwise restricted goods offered without the legally required conditions.
• Illegal goods or goods that may not lawfully be sold or shipped to the destination.

§ 20 Product reviews and user-generated content

After a purchase, you may be invited to review the products you bought. Reviews must be genuine and based on an actual purchase, and must not be misleading or manipulated. We may remove reviews and other content that are unlawful, abusive, misleading or in breach of these terms.

By uploading content (such as reviews, images or text) you confirm that you hold the necessary rights and grant Salonify a non-exclusive, royalty-free right to host, display and use that content for the purpose of operating and promoting the marketplace, to the extent permitted by law.

§ 21 User obligations and code of conduct

You undertake to use the marketplace lawfully and in good faith. In particular, you must not engage in fraud, misuse payment instruments, infringe third-party rights, upload malware, attempt to gain unauthorised access, scrape or overload the platform, or otherwise interfere with its operation or other users.

§ 22 Platform rights: suspension and removal

We may suspend or remove buyer or seller accounts, listings or content where there is a breach of these terms, fraud, abuse or the offering of illegal or prohibited products, or where required by law. We will act proportionately and, where appropriate and lawful, give notice.

§ 23 Withholding and set-off of seller payouts

In addition to the escrow holdback in § 9, where there is an open dispute, a chargeback or a reasonable suspicion of fraud, we may withhold or set off payouts to the relevant seller until the matter is resolved. This protects buyers, sellers and the integrity of the platform and does not affect your statutory rights.

§ 24 Dispute resolution and mediation

Salonify may help to mediate disputes between buyers and sellers but does not decide disputes in a binding way and is not an arbitration or consumer-mediation body. Your statutory rights against the seller are not affected.

The European Commission’s Online Dispute Resolution (ODR) platform is available at https://ec.europa.eu/consumers/odr. Where applicable, you may also turn to the competent consumer-mediation bodies in Luxembourg.

§ 25 Liability

As an intermediary, Salonify is responsible for operating the platform but is not liable for the products themselves — their quality, conformity, delivery or any defects — which are the responsibility of the selling venue. Statutory consumer rights against the seller remain unaffected.

Nothing in these terms excludes or limits any liability that cannot be excluded or limited by law, including liability for intent or gross negligence, for injury to life, body or health, or under mandatory consumer-protection law.

§ 26 Force majeure

Neither party is liable for a failure or delay in performance caused by events beyond its reasonable control (such as natural events, outages of third-party infrastructure, strikes, pandemics or official measures), for the duration of that event. The affected party will inform the other and use reasonable efforts to mitigate the effects.

§ 27 Intellectual property

The marketplace, its software, design, databases, trade marks and content are protected by intellectual-property rights and belong to Salonify or its licensors. You may use the marketplace only for its intended purpose and may not copy, reproduce, modify, distribute or otherwise exploit it beyond what is permitted by law or expressly allowed here.

§ 28 Data protection

We process personal data in accordance with our Privacy Policy and applicable data-protection law (GDPR and Luxembourg law). Please refer to the Privacy Policy for full details on how we process your data and on your rights.

§ 29 Changes to these terms

We may amend these terms — for example to reflect changes in the service or the law. We will give reasonable advance notice of material changes. The version in force at the time you place an order applies to that order.

§ 30 Final provisions

If any provision of these terms is or becomes invalid, the remaining provisions stay in force; the invalid provision is replaced by the applicable statutory rule (severability).

These terms are governed by the laws of Luxembourg, without prejudice to the mandatory consumer-protection provisions of the country in which you, as a consumer, have your habitual residence, and without depriving you of the protection of those provisions. The place of jurisdiction is determined by the applicable mandatory law.

These terms are provided in English and German; the English version applies to the extent permitted, while mandatory protections in your language and jurisdiction remain unaffected. The European Commission’s ODR platform is available at https://ec.europa.eu/consumers/odr.