Returns

This Returns & Withdrawal Policy (the “Policy”) explains how returns, withdrawals from distance contracts, complaints about non-conforming goods, and refunds are handled for purchases made at EssenceValley.com (the “Website”). This Policy forms an integral part of the Terms and Conditions of Sale. Where any provision conflicts with mandatory consumer protection law, such mandatory law shall prevail and the remainder of the Policy shall remain valid and enforceable.

1. Scope and Legal Framework

1. This Policy applies to returns, the right of withdrawal, exchanges (if offered), and refunds for Products purchased on the Website.
2. This Policy distinguishes between Consumers (B2C) and Business Customers (B2B). Rights may differ depending on the Buyer’s legal status and the applicable mandatory law.
3. Nothing in this Policy limits statutory Consumer rights where such limitation is prohibited by mandatory law.
4. The Seller may require the Buyer to contact the Seller before returning any Product in order to receive return instructions (RMA/reference where applicable). Unannounced returns may delay processing.

2. Right of Withdrawal (EU Consumers – 14 days)

1. If you are an EU Consumer, you generally have the right to withdraw from the distance contract within 14 calendar days without giving any reason, unless a statutory exception applies.
2. The withdrawal period starts on the day you (or a person designated by you) receive the goods. If the order is delivered in multiple parcels, the period starts when the last parcel is received.
3. To exercise the right of withdrawal, you must send a clear statement (e.g., email) before the withdrawal deadline, including your order number, the Product(s) concerned, and your contact details.
4. After you notify withdrawal, you must return the goods no later than 14 days from the date of your notice, unless mandatory law provides otherwise.

3. Hygiene & Health Protection Exception (Sealed Goods – Critical for Perfume/Cosmetics)

1. The right of withdrawal does not apply to sealed goods which are not suitable for return due to health protection or hygiene reasons if they were unsealed after delivery (where such exception is recognized by applicable law).
2. This may include, without limitation, perfumes, fragrance oils, cosmetics, body care products, and any goods with a protective seal, shrink-wrap, tamper-evident ring, sticker, or similar sealing element.
3. If the protective seal/packaging has been broken, removed, or otherwise tampered with, the Product is deemed ineligible for return under the withdrawal right, unless the Product is defective or non-conforming under mandatory law.
4. Opening a full-size fragrance/cosmetic Product to “test the scent” is not treated as permissible handling comparable to what could be done in a physical store where a sealed unit would normally remain sealed.
5. Where the Seller accepts a return in exceptional circumstances, any refund may be reduced to reflect the diminished value to the extent permitted by law.

4. Product Condition, Handling, and Diminished Value

1. The Buyer is responsible for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics, and functioning.
2. Returned items should be:
   • unused (except for necessary inspection allowed by law),
   • complete (including accessories, inserts, manuals, and free gifts where applicable),
   • in original packaging and properly protected for shipping.
3. The Seller may refuse a return or apply a refund reduction (to the extent permitted by law) if the Product is damaged, shows signs of use, is incomplete, has missing packaging/components, or cannot be resold as new due to its condition.
4. The Seller’s warehouse inspection records and photographic documentation may be used as evidence of the returned item’s condition, unless proven otherwise.

5. Return Shipping, Packaging, and Risk During Return

1. Unless otherwise stated, return shipping costs are borne by the Buyer.
2. The Buyer is responsible for proper packaging. The Buyer bears the risk of loss or damage to the return shipment until it is received by the Seller, to the extent permitted by law.
3. The Seller may refuse parcels sent cash-on-delivery (COD) or “receiver pays” unless expressly agreed in writing.
4. The Buyer is strongly advised to use trackable shipping and, where appropriate, shipping insurance.

6. Refunds: Method and Timing

1. Where a refund is due under withdrawal or applicable law, the Seller will refund payments received:
   • within 14 days of receiving the returned goods; or
   • within 14 days of receiving evidence that the goods were sent back,
   depending on which event occurs first, as permitted by law. The Seller may withhold the refund until the goods are received and inspected.
2. Refunds are issued using the same payment method used for the original transaction unless otherwise agreed.
3. Where permitted by law, the Seller may reduce the refund to account for diminished value.
4. Shipping costs are refunded only as required by mandatory law (e.g., standard/lowest-cost delivery option), and premium shipping upgrades (express/prioritized services) are not refunded unless required by law.

7. Defective, Damaged, Incorrect, or Non-Conforming Goods

1. If you receive goods that are defective, damaged in transit, incomplete, or incorrect, you must notify the Seller within a reasonable time and provide supporting evidence (photos/video, parcel label, and a description of the issue).
2. The Seller may request return of the goods for inspection. Remedies will be provided in accordance with applicable law (replacement, repair where applicable, price reduction, or refund).
3. Claims may be rejected where damage is caused by improper use, storage, neglect, unauthorized alteration, or external causes not attributable to the Seller.

8. Refused Deliveries, Failure to Collect, and Incorrect Address

1. If delivery fails due to the Buyer (incorrect address, failure to collect within the carrier’s holding period, refusal without lawful grounds, failure to cooperate with customs), the Seller may cancel the order and refund the purchase price minus actual costs incurred (outbound shipping, return shipping, customs handling, administrative fees), to the extent permitted by law.
2. For international shipments, actual costs may be substantial due to customs and logistics handling.

9. International Returns (Non-EU)

1. Non-EU Buyers may have different mandatory rights. Where no statutory withdrawal right applies, returns may be accepted only under the Seller’s commercial policy (if offered).
2. For international returns, the Buyer bears return shipping costs, customs declarations, and any applicable charges unless the Seller expressly agrees otherwise in writing.
3. The Buyer must label the parcel as “Return of goods” and provide documentation to help avoid duplicate import charges. If the Seller is charged duties/taxes due to incorrect return declarations, the Seller may deduct such charges from the refund to the extent permitted by law.

10. Abuse Prevention and Repeated Misuse

1. The Seller reserves the right to restrict service, refuse returns, or cancel orders where there is evidence of repeated abuse (e.g., repeated attempts to return unsealed hygiene goods, repeated unjustified claims, “friendly fraud”).
2. This provision does not apply where it would unlawfully limit mandatory Consumer rights.

11. Limitation of Liability

1. To the maximum extent permitted by law, the Seller’s total liability relating to returns/refunds for a given order is limited to the amount actually paid for that order, except where mandatory law provides otherwise.
2. The Seller is not liable for indirect or consequential losses (loss of profit, loss of goodwill, reputational harm, business interruption), to the extent permitted by law.

12. Contact

For returns and withdrawal requests:
Email: info@essencevalley.com