General Terms and Conditions

 

VIVI Root – Terms & Conditions

 


Version: January 2026

Website: [VIVI ROOT WEBSITE]


 

Article 1 – Definitions

 


In these Terms & Conditions, the following definitions apply:

 

  • Cooling-off period: The period during which the consumer may exercise the right of withdrawal.

  • Consumer: Any natural person not acting for purposes related to their trade, business, craft, or profession.

  • Day: A calendar day.

  • Durable medium: Any tool that allows the consumer or trader to store information for future reference in an unaltered form.

  • Right of withdrawal: The consumer’s right to withdraw from a distance contract within the cooling-off period.

  • Entrepreneur: VIVI Root, operated by the legal entity Mariska van den Berg Empire.

  • Distance contract: A contract concluded between VIVI Root and the consumer within an organized system for distance selling.

  • Product: The VIVI Root postpartum hair loss serum and related cosmetic products offered via the webshop.

 

 

Article 3 – Applicability

 

 

  1. These Terms & Conditions apply to every offer, order, and distance contract concluded between VIVI Root and the consumer.

  2. Before completing the purchase, these Terms will be made available digitally in a storable format.

  3. If any provision is held invalid or unenforceable, the remaining provisions remain in full force.

 


 

Article 4 – The Offer

 

 

  1. All offers are non-binding unless explicitly stated otherwise.

  2. Product descriptions and images are compiled with care. Minor deviations (e.g., packaging shade, label layout) may occur and do not bind VIVI Root.

  3. Each offer includes clear information regarding:

     

    • Total product price (including VAT where applicable)

    • Shipping costs

    • Delivery timeframes

    • Payment methods

    • Right of withdrawal and any applicable exceptions

    • Important product warnings and usage restrictions

     

 


 

Article 5 – The Contract

 

 

  1. The contract is concluded once the consumer accepts the offer and completes checkout and payment (or completes checkout where pay-later is used).

  2. VIVI Root will confirm the order electronically.

  3. We implement appropriate technical and organizational measures to ensure secure data transfer and payment processing.

 


 

Article 6 – Prices & Taxes

 

 

  1. All prices are shown in euros (€) unless otherwise stated.

  2. EU prices include VAT where applicable.

  3. Non-EU customers may incur import duties, taxes, or customs fees. These are the customer’s responsibility.

  4. Prices may be updated due to VAT regulations, supplier changes, or exchange rate fluctuations.

 


 

Article 7 – Payment

 

 

  1. Payment methods available are shown at checkout (e.g., iDEAL, credit card, local/international methods).

  2. Payments must be completed within the designated timeframe.

  3. Consumers are responsible for providing accurate payment information.

 


 

Article 8 – Delivery & Fulfilment

 

 

  1. Orders are typically processed within 2 business days.

  2. Estimated delivery times depend on destination and carrier. Any delivery estimates are indicative and not guaranteed.

  3. If a product is delayed or unavailable, the consumer will be notified.

  4. Risk of loss or damage passes to the consumer when the consumer (or a third party designated by the consumer, other than the carrier) acquires physical possession of the goods.

 


 

Article 9 – Right of Withdrawal (14 days)

 

 

  1. The consumer has the right to withdraw from the contract within 14 days from the day of receiving the order.

  2. During the cooling-off period, the consumer must handle the product and packaging with care and only to the extent necessary to assess the nature, characteristics, and functioning of the goods.

  3. To exercise the right of withdrawal, the consumer must inform VIVI Root within the cooling-off period via email to [VIVI ROOT EMAIL] (a clear statement is sufficient).

  4. After notifying withdrawal, the consumer must return the goods without undue delay (and generally within 14 days, unless mandatory law provides otherwise).

 


 

Article 10 – Returns, Costs & Refunds

 

 

  1. Return shipping costs: The consumer bears the direct cost of return shipping, unless VIVI Root explicitly states otherwise.

  2. Refund timing: VIVI Root will refund within 14 days from the day we receive the withdrawal notice. We may withhold reimbursement until we have received the goods back, or until the consumer has supplied evidence of having sent back the goods, whichever is earlier.

  3. What we refund: If the consumer withdraws, we refund:

     

    • the product price, and

    • the standard (cheapest) outward delivery cost offered at checkout (if applicable).

      Any extra cost for a more expensive delivery option chosen by the consumer does not have to be refunded.

     

  4. Diminished value: If the product has been used/handled beyond what is necessary to assess it, we may deduct diminished value where legally allowed.

  5. Defective/incorrect delivery: If the product is defective, damaged on arrival, or incorrectly delivered, VIVI Root will provide an appropriate remedy and, where required, cover reasonable return costs. Contact us first before returning.

 


 

Article 11 – Exclusion of the Right of Withdrawal (Sealed / Hygiene-Sensitive Goods)

 

 

  1. The right of withdrawal may be excluded for sealed goods which are not suitable for return due to health protection or hygiene reasons once unsealed after delivery.

  2. VIVI Root products are sealed cosmetic/hygiene-sensitive goods. For safety and hygiene reasons:

     

    • If the seal is broken, or the product is opened/unsealed, the item is non-returnable, except where the product is defective, damaged on arrival, or incorrectly delivered.

     

  3. Only products that remain 100% unused, unopened, sealed, and in original packaging may be returned within the withdrawal period.

  4. If a product includes an external seal (e.g., shrink wrap, hygiene seal, tamper-evident sticker), breaking that seal counts as unsealing.

 


 

Article 12 – Conformity & Warranty (Legal Rights)

 

 

  1. VIVI Root guarantees that products meet reasonable expectations for quality and usability.

  2. If a product arrives damaged, faulty, leaking, or incorrect, the consumer should report this as soon as possible via [VIVI ROOT EMAIL], preferably within 14 days after delivery, including photos and the order number.

  3. This does not affect the consumer’s mandatory statutory rights, including legal remedies for non-conforming goods.

 


 

Article 13 – Product Use, Safety & Breastfeeding Restriction (Mandatory Conditions of Use)

 

 

  1. Cosmetic product – no medical advice

    VIVI Root products are cosmetic products. Information on our website, emails, and marketing is for general informational purposes only and does not constitute medical advice, diagnosis, or treatment. Results vary per person.

  2. Breastfeeding restriction (strict condition of use)

    This product is intended for use only after you have fully stopped breastfeeding. By purchasing and/or using the product, you confirm that you have fully stopped breastfeeding, or you will not use the product until you have fully stopped breastfeeding. If you are unsure, consult a qualified healthcare professional before use.

  3. Safe use instructions (mandatory)

    You must follow all instructions and warnings on the packaging and product page, including (but not limited to):

     

    • Perform a patch test before first use.

    • Avoid contact with eyes and mucous membranes.

    • Do not use on irritated, broken, or infected skin/scalp.

    • Stop use immediately if irritation, rash, burning, swelling, or other adverse reactions occur.

    • Keep out of reach of children.

    • Do not combine with strong active scalp treatments unless advised by a professional.

     

  4. Health conditions & sensitivities

    If you are pregnant, breastfeeding, have known allergies/sensitivities, scalp disease, a medical condition, or are using medication, consult a healthcare professional before use.

  5. Adverse reactions

    If you experience a serious adverse reaction, seek medical attention immediately and report it to us via [VIVI ROOT EMAIL] with product name, batch/lot number, and a description of the reaction.

 


 

Article 14 – Limitation of Liability (Maximum Protection Permitted by Law)

 

 

  1. Personal responsibility / use at own risk

    The consumer is solely responsible for (i) checking whether the product is suitable, (ii) complying with all instructions and warnings, and (iii) discontinuing use if any adverse reaction occurs.

  2. No liability for misuse / non-compliance (to the maximum extent permitted by law)

    To the maximum extent permitted by applicable law, VIVI Root / Mariska van den Berg Empire is not liable for any damage, injury, adverse reactions, or losses arising from or related to:

     

    • use contrary to instructions, warnings, or intended use;

    • use while breastfeeding or before fully stopping breastfeeding;

    • failure to perform a patch test;

    • use on broken/irritated/infected skin/scalp;

    • allergic reactions or sensitivities (known or unknown), individual intolerance, or pre-existing conditions;

    • combining the product with other products/treatments that may cause irritation;

    • third-party advice or incorrect self-diagnosis;

    • storage/handling of the product by the consumer after delivery (e.g., contamination, heat damage).

     

  3. Exclusion of indirect and consequential damages

    To the maximum extent permitted by law, we are not liable for indirect or consequential damages, including but not limited to loss of profit, loss of revenue, loss of goodwill, missed savings, business interruption, or reputational damage.

  4. Liability cap

    To the maximum extent permitted by law, our total liability for any claim relating to a product or order is limited to the amount paid by the consumer for the relevant order.

  5. Mandatory rights & non-excludable liability

    Nothing in these Terms excludes or limits any consumer rights that cannot be excluded under applicable law. In particular, nothing excludes or limits liability to the extent it cannot be limited under mandatory consumer or product safety/liability laws (including where applicable: intent, gross negligence, or liability that cannot be excluded by law).

  6. Severability of limitation

    If any part of this limitation is held invalid or unenforceable, the remaining parts remain in full force, and the invalid part will be interpreted to the maximum extent permitted by law.

 


 

Article 15 – Complaints & Customer Service

 

 

  1. Complaints must be submitted in writing to [VIVI ROOT EMAIL], including the order number and a clear description of the issue.

  2. We aim to respond to emails within 48 hours (business days).

  3. If a solution cannot be reached, the consumer may seek resolution through available (national) alternative dispute resolution options where applicable.

  4. Note: the EU’s former Online Dispute Resolution (ODR) platform is discontinued as of 20 July 2025.

 


 

Article 16 – Disputes & Applicable Law

 

 

  1. All agreements are governed by Dutch law, unless mandatory consumer protection law in the consumer’s country of residence provides otherwise.

  2. Disputes may be submitted to the competent court in The Netherlands, taking into account mandatory consumer jurisdiction rules.

 


 

Article 17 – Subscriptions and Duration Contracts

 


Not applicable unless explicitly stated. If subscription-based services are introduced, they will include clear cancellation terms.


 

Article 18 – CESOP Compliance

 


VIVI Root complies with CESOP and EU VAT reporting obligations. Relevant payment data is processed through our payment service providers according to legal requirements.


 

Article 19 – Amendments

 


VIVI Root may update these Terms & Conditions. The latest version will always be available on the website.