DROPSHIPPING TERMS OF SERVICE

Last updated on 26 May 2023

INTRODUCTION
1. This Website is operated by the Company. Before creating the Account or placing an Order, please read these Terms of Service which form a legally binding agreement between the Company and the Merchant regarding the use of drop-shipping print-on-demand services with the intermediary of Service Platform for the Products offered on the Website, including those additional terms and conditions, policies and notices referred herein. The terms and references to “Selfnamed”, “we”, “us” and “our” refer to the Company. The terms and references to “you” and “yours” refer to the Merchant.
2. By clicking the consent box, you agree to have read, understood and be abided by these Terms of Service regarding your use of the Account, this Website and its content. The Products on the Website are offered subject to your acceptance to these Terms of Service. If you do not agree to these Terms of Service, you may not use the Website and place the Orders of Products.
CHANGES TO THE TERMS OF SERVICE
1. The Company has the right to amend these Terms of Service at any time by publishing the relevant changes on the Website. The date of the latest Terms of Service will be available on the Website. Any changes made to the Terms of Service shall take immediate effect upon its publication.
2. It is the responsibility of Merchant to periodically review the Website for any changes to these Terms of Service. If the changes to these Terms of Service would materially affect the Merchant's rights or obligations, the Company will provide written notice to the Merchant's electronic mail address indicated at its Account at least 14 days prior to the effective date of the changes. The Merchant's continued use of the services after the effective date of the changes constitutes acceptance of the modified or amended Terms of Service. If the Merchant does not agree with the changes made, Merchant has the right to stop using the Website and the print-on-demand drop-shipping services at any time and cancel the Orders placed but not yet fulfilled.
THIRD-PARTY LINKS AND SERVICES
1. Our Website may contain links and materials to other third-party websites or services that are not operated, owned or controlled by the Company. Your access to third-party links is subject to your own risk and may require acceptance of third-party terms of use. The Company is not a party or affiliate to any such agreement and is not liable for the Merchant’s use of third-party services. We advise to review the privacy policy of every website you visit. Any complaints, claims, concerns or queries regarding third-party products or services should be directed to the relevant third-party.
DEFINITIONS

Account – Account created by the Merchant on the Website for placing the Orders of Products.

Agreement – Agreement between the Merchant and the Company on the use of the Website, consisting of these Terms of Service and Privacy Policy.

Buyer – A person that purchases the Products from the Merchant and is considered as the end-user of the Product.

Company – (Referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to SIA “Cosmetics NORD”, registration number: 40103277805, address: Riga, Kauguru street 6, operating and providing content and services on the Website.

Cosmetics Regulation - Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (recast) (Text with EEA relevance).

Data Protection Laws - General Data Protection Regulation; Latvian Personal Data Processing Law; any relevant law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding instrument which otherwise relates to data protection, privacy or the use of personal data.

General Data Protection Regulation - Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive No 95/46/EC.

EU – The European Union.

EEA – The European Economic Area.

Merchant – An individual or business that places Orders of the Products on the Website by using the Service Platform for business purposes and not for personal use and sells the Products to the Buyers.

Nord Beauty - SIA NORD Beauty, registration number: 40203354922, address: Riga, Baložu street 20A, a subsidiary of the Company, which acts as the responsible person within the meaning of Cosmetics Regulation as described in these Terms of Service.

Order – Order placed by Merchant for the purchase of the Products available on the Website with the intermediary of Service Platform.

Party – Each separately the Company and the Merchant, collectively referred to as the “Parties”.

Privacy Policy – Privacy Policy of the Company available on the Website, which forms part of these Terms of Service, describing the use of information for the provision of services on the Website.

Products – Packaging goods sold by the Company on the Website with individual design as ordered by the Merchant.

Service Platform - A commerce platform operated by a third-party (such as, Shopify -https://www.shopify.com/, WooCommerce - https://woocommerce.com/ or any other e-commerce platform website), where the Merchant's store is hosted for the sale of Products to the Buyers.

Terms of Service – These Terms of Service, which form part of the Agreement, and are applicable to the Merchant from the moment of Account registration and for the use of Website. Terms of Service may be changed on behalf of the Company from time to time.

Website – The official Company’s website: www.selfnamed.com.

GENERAL AGREEMENT
1. The Company provides Product drop-shipping print-on-demand services to the Merchants on the Website. The Merchants place Orders for the purchase of the Products available on the Website to be made with individual design for its Buyers with the use of Service Platform.
2. In turn, the Company processes the Orders and organizes the delivery of individual design Products directly to the Merchant’s Buyers according to these Terms of Service.
3. The following Terms of Service form part of the Agreement between the Company and the Merchant, according to which the Parties govern their rights and obligations in connection with the purchase and sale of the Products. The Agreement enters into force upon creation of Account of the Merchant and is valid until complete fulfilment of obligations of the Parties.
ACCESS AND REGISTRATION
1. In order to access the use of Website and place the Orders of Products through the Service Platform, the Merchant shall register its Account, indicating all necessary information as required on the Website. In case the indicated information on behalf of the Merchant is incomplete or inaccurate, the registration of Account may be rejected.
2. The Account is created for Merchant business use only. Business use shall be considered as any systematic and independent activity undertaken with the primary intention of generating profit. Any Account created for personal use will be rejected.
3. The Company reserves its right to reject and suspend the registered Account of the Merchant if the indicated information is incomplete or inaccurate.
4. The Merchant is solely responsible for the activity on its Account and use of the Website. The Merchant must notify the Company immediately in case of any unauthorized access or use of its Account. The Company is not liable for any loss caused due to unauthorized access or use of the Merchant’s Account.
5. For any inquiries regarding the use of Website, the functionality of the Account, the services offered, or any other matter requiring clarification, Merchants are encouraged to refer to the FAQ section accessible at help.selfnamed.com/. This section of the Website provides answers to the frequently asked questions, serving as a valuable reference to assist in resolving queries and concerns relating to the Website, Account or services.
THE PRODUCTS
1. The Products – cosmetics products are not food products and cannot be used for human consumption. The Company has taken all necessary steps to ensure that the design of the Products sold and, in particular, their type, smell, colour, appearance, amount or size is not confused with food products and does not pose a risk to human health and safety.
2. The Company does not allow misleading claims about the effectiveness and other characteristics of the Product, as well as complies with good manufacturing practices in the production of cosmetics Products.
3. The Product consists of ingredients included in cosmetics and is safe for human life, health and environment, which complies with the norms of “Law on Product and Services Liability” of Latvia as well as the relevant applicable international laws.
4. The Company reserves the right to modify, add, or remove any Products offered on the Website at any time without prior notice. The Merchant acknowledges and agrees that the Company may make such changes in its sole discretion. The Company is not liable to the Merchant for any changes made.
5. Nord Beauty fulfils the request of the competent institutions to issue Product information file in accordance with the requirements of applicable laws.
INDIVIDUAL PACKAGING REQUIREMENTS
1. The Company offers the Merchants with the possibility to create an individual Product packaging design (including, but not limited to, designing the shape and size of the box, incorporating distinctive colours, adding text and other relevant information on package labelling, and introducing any other creative elements). When creating a Product design, the Merchant is responsible for the accuracy of the information provided and the compliance of design with the regulatory enactments, including Copyright Law, Trademark Law, Law on Designs, Official Language Law, Advertising Law and Unfair Commercial Practices Prohibition Law of Latvia.
2. The Company labels the packaging of the Products only in accordance with the labelling requirements applicable in the European Union, the United Kingdom and the United States of America (as may be applicable and as requested by the Merchant). The Company shall be entitled to compensation for any damages caused due to failure of Merchant to comply with the local labelling requirements of the particular jurisdiction.
3. The Merchant shall be solely responsible for ensuring that the packaging of the Products complies with the labelling requirements of all jurisdictions where the Merchant plans to distribute or sell the Products. The Company shall not be responsible for the Merchant’s failure to ensure compliance of the Product packaging with the local regulatory enactments.
4. The Merchant is responsible for ensuring that the following conditions are prohibited on the individual packaging of the Products:
  1. to use the intellectual property objects of third parties in the development of packaging design of the Products without the permission of these third parties;
  2. indicate information that may damage the brand or reputation of the Company or its related Products and persons;
  3. indicate information that gives a misleading impression about the characteristics of the Product, its origin or its association with an unrelated product group;
  4. provide abusive or insulting information or hateful content, including, but not limited to harassment, discriminatory claims based on race, ethnicity, gender, religion, disability, sexual orientation, or any other protected characteristic;
  5. impersonate another person or misrepresent your identity.
5. The Product packaging design layout includes default information that meets the requirements of the Cosmetics Regulation. The Merchant is prohibited from designing or placing information on the packaging of the Product if it does not comply or complicates the ability to perceive the default information specified in the packaging design layout.
6. Acting on behalf of the Buyer and its interests, the Merchant has no right to refuse the Products if the packaging of the Products is made according to the individualized design of the Order, provided that the Company has fulfilled the Order in good faith.
TERMS OF PAYMENT
1. The Company reserves the right to adjust the prices of the Products and modify the assortment offered on the Website at its sole discretion, due to market fluctuations, Product ingredient availability and other objective factors. Any such adjustments or modifications shall be made in a reasonable manner, and the Company shall not be liable for any resulting inconvenience or harm to the Merchant.
2. To use the services on Website and place the Orders for Products, the Merchant is required to have its account connected with an accepted method of payment. The Merchant shall provide credit card information or a PayPal account for usage of Website. After registration of the payment method, the Merchant can freely use the established interconnection and automated system between the Service Platform and the Website.
3. The Company will charge the funds for the placed Order via the method of payment connected to Merchant Account.
4. Upon successful withdrawal of the payment amount for the Order, the Company will proceed with prompt initiation of the relevant Product execution.
5. In case the withdrawal of Order payment amount from selected payment method is not successful, the Merchant will receive a notification on the necessity to update selected payment method. If Merchant fails to update selected payment method within 7 days after notification on payment failure, the Company is entitled to terminate the Order.
6. The Order invoice will be available in the Merchant’s Account. The invoices include the price of the Products, as indicated on the Website at the date of its purchase, the shipping costs, and any other mandatory expenses, as may be applicable.
7. All prices in the invoice will be indicated in euros (EUR). All prices will be subject to value added tax and other taxes or duties as may be applicable.
8. The Company shall commence the execution and delivery process of the ordered Products only upon successful withdrawal of the payment from the Merchants selected payment method. The Company shall not be liable for any technical errors or malfunctions due to which the payment for Order is not processed. If the Company is not able to receive the relevant payment from Merchant within 7 days, the Company is entitled to cancel the respective order.
9. The Company shall not be liable for any delay or failure to deliver the Products arising from a payment dispute or system malfunction.
10. The Merchant shall be responsible for all payment processing fees charged by any third-party payment processor. The Company shall not be responsible for any such fees or costs.
DELIVERY TERMS
1. The Company shall deliver the Product on behalf of the Merchant to the Buyer at the relevant delivery address provided to the Company on the Service Platform.
2. The Company shall not be liable for any deliveries made due to the Buyer's or the Merchant's human error, including but not limited to, incorrect or incomplete delivery address information. The Buyer and the Merchant shall be each solely responsible for ensuring that the delivery address information is accurate, precise and complete.
3. The Company shall not be responsible for any damages, losses, or expenses arising from late or inaccurate deliveries or undelivered Products made due to such errors. Any expenses that have arisen due to such errors, shall be compensated by the Merchant.
4. The estimated delivery time of the Product is specified in the Shipping policy terms available at: https://www.selfnamed.com/en/faq/shipping-and-returns. The indicated delivery time is an estimate and the Company shall not be liable for any delays or damages resulting from the delayed Product delivery.
5. The Company may update the delivery time in case of its changes.
6. The Merchant shall be responsible for all costs associated with the delivery of Product to the Buyer. The Company is not responsible for any additional costs or fees related to the Product delivery. The risk of loss or damage to the Product shall pass to the Buyer upon delivery of the Product to the delivery address specified by the Buyer.
TERMS OF RETURN
1. The Merchant shall be responsible for the return process of the Products according to the time period stipulated by the applicable regulatory enactments.
2. The Company does not maintain any direct legal relationship with the Merchant’s Buyers. The Merchant shall provide the Buyer with the information on Product return process, purchase price, delivery expenses and other applicable refund information on the Service Platform.
3. The Products shall be returned to the delivery address specified by the Merchant. The Company does not directly accept any returns from the Buyers or issue any refunds to the Buyers, unless otherwise provided by these Terms of Service or the imperative legal norms of the applicable regulatory enactments. The Company shall not be held liable for any Product return deliveries that have not been made in accordance with this section of these Terms of Service.
4. If the Merchant has not stipulated a different return procedure, the Buyer is entitled to return the products directly to the Company within 14 days of receiving the Product, by providing the relevant evidence, in the following cases:
  1. Printing defects exist on the Product packaging;
  2. Product damage has been sustained upon delivery;
  3. Wrong Product has been delivered;
  4. Non-conformities related to the quality of the Product with Product description;
  5. Other defects related to the manufacturing process.
5. Only Products in their original, unused and unopened condition must be returned, except for returns occurring due to Clause 11.4.4. of these Terms of Service.
6. If it is identified that the Product is defective due to manufacturing faults mentioned in Clause 11.4 of these Terms of Service, the Company shall issue a refund to the Merchant in the amount of purchase price and shipping costs of Product within 14 days after detecting the relevant defect. All returns will be credited to the original payment source indicated at the time of placement of Product Order.
7. If the Buyer has returned the Products to the Merchant’s specified address or the Company’s address within 14 days after delivery (or any other term, if it is specified by the applicable law), however, the Product has not sustained any damage upon delivery and is not manufacturer-defective, the relevant Products are not eligible for return to the Company, and no refunds shall be issued to the Merchant for these Products.
8. The Company is not responsible for maintaining the quality and safety of the Product after its delivery. The Company is not responsible for defects caused by storing the Products in inappropriate conditions.
OBLIGATIONS OF THE MERCHANT
1. When accessing or using the Website, you must comply with the Terms of Service and the special warnings or instructions published on the Website regarding access or use. You must always act in good faith and in accordance with the law.
2. You may not make any changes or corrections to the Website, the content contained therein, nor may you in any way harm the operation or functional integrity of the Website. Without limiting the generality of any other provision of these Terms of Service, if Merchant knowingly or negligently breaches its obligations under these Terms of Service, Merchant is liable for the loss and damage that such breach may cause to the Company, our subsidiaries, partners or licensors.
3. If the Merchant receives a request from the responsible authorities for the issue of a Product information file in relation to the ordered Product, the Merchant is obliged to immediately inform the Company or its authorized person.
4. By accepting these Terms of Service, the Merchant authorizes Nord Beauty to perform the obligations of the responsible person within the meaning of the Cosmetics Regulation, including storage and presentation of the ordered Product information file at the request of the responsible authorities. Product information file is stored at the address approved by the Company, which is indicated on the packaging of the Products.
LIMITATION OF LIABILITY
1. In accordance with the applicable law, the Parties are in no way liable (by contract, tort (including negligence) or otherwise) for: a) business interruptions; b) delays or interruptions in access to the Website or the Service Platform; c) failure to supply; d) any damage or loss of any kind incurred in connection with the presence or use of links to other websites on the Website; e) computer viruses, system crashes or failures that may occur in connection with the use of the Website or the Service Platform, including the use of hyperlink to or from third party websites.
2. To the fullest extent permitted by applicable law, the Parties shall not be liable for any indirect, incidental damages (including lost profits) related to the Website or its use (or inability to use the Website) by you, regardless of the type of activity, contract, tort (including negligence) or for other reasons, even if the Company is informed on the possibility of such losses.
3. The Company’s total liability under these Terms of Service shall not exceed the purchase price of the Products.
4. The Merchant agrees that the Company shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with these Terms of Service, including loss of profits or revenue, business interruption or loss of business information, diminution in value of other goods or otherwise.
5. The Company shall not be liable for any claims or complaints from Data Subjects (as defined in General Data Protection Regulation) regarding any action taken by the Company as a result of acting in accordance with instructions received from the Merchant and to fulfil these Terms of Service. Further, the Merchant agrees that it will indemnify and hold harmless the Company on demand from and against all claims, liabilities, costs, expenses, loss or damage (including consequential losses, loss of profit and loss of reputation and all interest, penalties and legal and other professional costs and expenses) incurred by the Company arising directly or indirectly from a breach of this Clause.
6. The limitations and exclusions of liability set forth in this Section shall apply to the fullest extent permitted by applicable law and shall survive any termination or expiration of these Terms of Service.
7. Nord Beauty is generally considered as the responsible person within the meaning of the Cosmetics Regulation. However, when distributing the Product in the EEA or other third countries with individual packaging design (i.e., with the Merchant’s own name or trademark), the Merchant is considered as the responsible person within the meaning of the Cosmetics Regulation. The Merchant is responsible for compliance with applicable laws when selling the Products. For the purposes of use of Website and placement of Orders for Products, the authorization of the Merchant to Nord Beauty described under Clause 12.4. of these Terms of Service shall apply concerning responsible person obligations.
8. The Parties shall not be liable for delays or non-performance of obligations or other types of non-performance due to circumstances and obstacles beyond their reasonable control, including but not limited to the imposition of national or international sanctions regimes, strikes, government orders, acts of war or national emergencies, terrorist threats or acts, environmental or climate anomalies, non-compliance by third parties, disruptions to the internet connection, and failures of computer equipment and software. In the event of such force majeure, the Parties shall endeavour to remedy effects of the delay as soon as possible. In this case, the deadline for fulfilment of obligations is extended until the cause or effect of the delay is eliminated.
INTELLECTUAL PROPERTY AND COPYRIGHT CLAIMS
1. All information and content available on the Website, including, but not limited to, trademarks, logos, service marks, text, figurative marks, button icons, images, sound clips, data collections and software, their aggregation and layout is the property of the Company, its subsidiaries, shareholders, partners or licensors and is protected by the laws of Latvia and other laws and regulations relating to the protection of intellectual property, including laws that regulate the use of copyrights and trademarks. The use of the Company’s trademarks in any way, regardless of the purpose, is not permitted without the written permission of the Company.
2. All content, correspondence of the Website, as well as marketing materials used to advertise the Website on third party resources are the property of the Company. The use, distribution, reproduction or republishing of its content in whole or in part is prohibited without the written consent of the Company, except for the following purposes:
  1. personal use of the content on the Website and its copies;
  2. making copies of the content on the Website or printing parts in accordance with reasonable personal use, which does not infringe the Company’s copyright or other intellectual property rights.
3. You have the right to make hard copy or digital copies of the material for use of third parties, provided that you indicate the Company’s Website as the source of the content and materials by adding a top-level hyperlink (https://www.selfnamed.com/) to any such republished copies. You must inform third parties with whom you intend to use these copies of the source of the copies. In case of republishing copies, the source of all materials must be indicated on the Company’s Website by inserting top-level hyperlink (https://www.selfnamed.com/).
PRIVACY AND PERSONAL DATA PROCESSING
1. In all actions relating to the Product, Account, Order, Website or other type of activities involving the processing of personal data of the Buyer, the Company complies with the obligations under the General Data Protection Regulation and applicable Data Protection Laws.
2. The Company may process the following Personal Data of the Buyer who has purchased the Product from the Merchant via Service Platform: name, surname, email address, phone number, shipping address, payment-related information. The purpose of processing the personal information of the Buyer is to perform our contract towards the Merchant, including to process payments, fulfil orders, arrange for shipping for the Buyer, facilitate any returns and exchanges.
3. The Merchant conﬁrms that the Buyer’s Personal Data has been collected by the Merchant in compliance with the General Data Protection Regulation and Data Protections Laws and Merchant has obtained any necessary consents or given any necessary notices as prescribed by the applicable Data Protection Laws, and that the Merchant is entitled to provide the Personal Data to the Company.
4. The Company uses Service Platforms. Shopify Inc provides Company with the online e-commerce platform that allows the Company to sell Products to the Merchant and the Merchant sells the Products to the Buyers. Therefore, the
  Buyer’s personal information is also stored through Shopify’s data storage, databases and the general Shopify application and made available also to the Company. For more insight, please read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
5. For further information on the personal data processing by the Company please see Privacy Policy available on the Website.
DISPUTE RESOLUTION PROCEDURE
1. The Parties shall endeavour to settle all disputes by negotiation between them.
2. The Company will respond to your application and inform you about the possible way of claim fulfilment or dispute resolution, or alternative way of claim fulfilment within 30 (thirty) days.
3. If the dispute cannot be resolved through negotiations, it shall be considered in the court of Latvia in accordance with the regulatory enactments of Latvia.
4. Nothing in these Terms of Service shall be construed to create a partnership or other type of joint undertaking between the Merchant and the Company. If any provision of these Terms of Service is unenforceable or invalid within the applicable law, is declared unenforceable or invalid, it shall not affect the validity or applicability of these Terms of Service in general, but instead these Terms of Service shall be amended to the extent permitted by applicable law to reflect as far as possible the original intention of the Parties.
SUSPENSION AND TERMINATION
1. The Company reserves the right to suspend the Merchant Account and withhold any payments on the Website without prior written notification to the Merchant in the following cases:
  1. The Merchant violates these Terms of Service;
  2. Fraud, wilful misconduct or gross negligence of Merchant is suspected, including but not limited to: diversion of Orders, engagement in illegal activities, violation of intellectual property rights of the Company or third-parties;
  3. Bankruptcy, insolvency, liquidation, administration or similar procedure of Merchant’s business has occurred;
  4. In other cases when in the opinion of the Company the activities of Merchant on the Website may be harmful to the reputation, brand or business of the Company.
2. The Company shall notify Merchant in writing on the suspension of the Account and the reason for such suspension. The Merchant shall have a 30-day period to remedy the reason for Account suspension after receipt of notification.
3. In case no remedy is performed on behalf of the Merchant after 30-day period, the Company reserves its right to terminate the Merchant’s Account permanently.
4. The Merchant may terminate its Account by submitting a written request to the Company on the Website.
CONTACT INFORMATION
1. Questions relating to these Terms of Service may be submitted at: support@selfnamed.com

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