Terms and conditions

These Terms and Conditions set out the rules for using the Service and for the distance sale of Products and Digital Services by the Seller, in particular: placing Orders, concluding Sales Agreements and Subscription Agreements, payments, delivery, withdrawal from the agreement and complaints.

These Terms and Conditions set out the conditions under which the Seller provides services by electronic means within the meaning of information society services regulations (in Estonian law: infoühiskonna teenuse seadus), in particular maintaining the Account, the Newsletter, the Waiting List, the Skin Scanner and publishing Reviews.

The Service is intended for Customers who are Consumers, Entrepreneurs with consumer rights and Entrepreneurs.

To the extent that third-party services are used to process payments or to provide functionalities related to the MQLS Program (in particular Stripe and providers of technical solutions for the MQLS Program), the terms and policies of those third parties may also apply. These Terms and Conditions do not replace those documents and do not govern the provision of services by third parties; the Seller is not a party to agreements concluded by the Customer with such parties.

Using the Service requires:

1. a.

   Internet access,

2. b.

   an up-to-date web browser,

3. c.

   a device capable of correctly displaying the Service,

4. d.

   an active e-mail address,

5. e.

   for the Skin Scanner, additionally a device equipped with a camera and the browser's permission to access the camera.

The Terms and Conditions are made available free of charge in the Service as a web page and as a downloadable file, in a manner that allows them to be obtained, reproduced and stored. Both forms have identical content.

Information presented in the Service (including Product descriptions, Prices and availability information) does not constitute an offer within the meaning of civil law, but an invitation to conclude an agreement. A Sales Agreement is concluded in accordance with §7 of these Terms and Conditions, and a Subscription Agreement in accordance with §8.

For the purposes of these Terms and Conditions, the following terms have the following meaning:

1. a.

   Affiliate Program - the referral program available in the Service, under which a Customer may make a purchase using an Affiliate Link and obtain benefits on the terms described in the Service and in the MQLS Terms.

2. b.

   Price - the gross price of a Product or Digital Service (including taxes) displayed in the Service; delivery costs are indicated separately before the Order is placed, unless stated otherwise in the Service.

3. c.

   Business Day - a day from Monday to Friday, excluding public holidays in Poland.

4. d.

   Guest - a Customer placing an Order without creating an Account, on the terms set out in §5(6)-(9).

5. e.

   Customer - a natural person, legal person or organisational unit without legal personality that uses the Service or places an Order.

6. f.

   Consumer - a Customer who is a natural person making a purchase for purposes not directly related to their business or professional activity.

7. g.

   Account - the Customer's individual account in the Service, available after registration and logging in, allowing in particular placing Orders, managing Subscriptions, accessing the Skin Scanner and viewing Order history.

8. h.

   Cart - the functionality of the Service allowing the Customer to temporarily collect selected Products before placing an Order.

9. i.

   Coupon - a discount or promotional code made available by the Seller entitling the holder to a Price reduction on the terms set out in §6(6)-(10).

10. j.

    Affiliate Link - a unique referral link made available under the Affiliate Program, the use of which in the course of placing an Order may result in a discount or other benefits in accordance with the Service and the MQLS Terms.

11. k.

    Waiting List - a service consisting of a one-off notification to the Customer about the availability of an indicated Product or the release of an indicated Service functionality.

12. l.

    MQLS - points of the Seller's loyalty program referred to in §15 and in the MQLS Terms. MQLS are not a means of payment or a financial instrument, have no investment character and do not constitute a deposit or a promise of profit. MQLS constitute solely an entitlement to obtain a discount, that is to reduce the amount payable for the Seller's Products, or to exchange MQLS points for a Product, on the terms set out in the MQLS Terms. The Seller does not undertake to buy back MQLS points and does not guarantee their value.

13. m.

    Newsletter - a service consisting of periodically sending the Customer information about Products, Service functionalities and educational content, on the terms set out in §3(5)-(9).

14. n.

    Billing Period - the period for which the Subscription fee is charged, indicated in the Service before the Subscription is concluded (for example one month, three months, six months).

15. o.

    Review - a Customer's rating or comment concerning a Product, published in the Service on the terms set out in §14.

16. p.

    Privacy and Cookies Policy - the document made available in the Service setting out the rules for processing personal data and the use of cookies and similar technologies in the Service.

17. q.

    Product - a movable item offered by the Seller in the Service, in particular cosmetics, nutricosmetics (food supplements) and other beauty products, which may be the subject of a Sales Agreement.

18. r.

    MQLS Program - the loyalty program available in the Service under which the Customer may obtain benefits related to purchases in the Service on the terms set out in the MQLS Terms.

19. s.

    Entrepreneur - a Customer who is neither a Consumer nor an Entrepreneur with consumer rights.

20. t.

    Entrepreneur with consumer rights - a Customer who is a natural person conducting business activity, making a purchase related to that activity but without a professional character, to the extent that the law grants them consumer rights.

21. u.

    Terms and Conditions - these terms and conditions of the Service.

22. v.

    MQLS Terms - the terms of the MQLS loyalty program made available in the Service, setting out the rules of the MQLS Program.

23. w.

    Service - the online service available at www.molecooles.com.

24. x.

    Scan - a single analysis of a facial image performed within the Skin Scanner, constituting a Digital Service, on the terms set out in §13.

25. y.

    Skin Scanner - the functionality of the Service allowing a Scan to be performed and changes in selected visible skin features to be observed over time.

26. z.

    Seller - Molecooles OÜ, Harju maakond, Lasnamäe linnaosa, Narva mnt 13-27, 10151 Tallinn, Estonia, registry code 16871783, VAT number: EE102694369.

Furthermore:

1. a.

   Subscription - a Subscription Agreement, that is an agreement concluded for an indefinite period under which the Seller periodically delivers Products or provides Digital Services to the Customer for a fee charged for each Billing Period, on the terms set out in §8.

2. b.

   Customer Content - content posted by the Customer in the Service, in particular Reviews, photos attached to Reviews and the profile picture.

3. c.

   Sales Agreement - an agreement for the sale of a Product within the meaning of the law of obligations (in Estonian law: võlaõigusseadus), concluded at a distance between the Seller and the Customer using the Service.

4. d.

   Digital Service - a service provided by electronic means for remuneration, in particular a Scan and Scan packages.

5. e.

   Order - the Customer's declaration of will aiming directly at the conclusion of a Sales Agreement or a Subscription Agreement, including in particular the selection of Products or Digital Services, delivery details and the payment method.

In case of doubt as to the meaning of a term used in these Terms and Conditions which is not defined in section 1 or 2 above, the meaning given to it by generally applicable law shall apply, and in the absence of a legal definition - its common meaning.

The Seller provides the following services by electronic means in the Service: maintaining the Account, the Newsletter, the Waiting List, the Skin Scanner, publishing Reviews and providing Account functionalities related to the MQLS Program.

The services listed in section 1 are free of charge, except for Scans and Scan packages, which are provided for a fee on the terms set out in §13.

An agreement for the provision of a service by electronic means is concluded when the Customer starts using the given service and is concluded for an indefinite period.

The Customer may resign from any of the services listed in section 1 at any time, without giving a reason and without incurring costs, using the appropriate function in the Service or sending a request to the Seller's e-mail address. Resignation from a service does not affect Sales Agreements and Subscription Agreements concluded before the resignation.

Subscribing to the Newsletter requires providing an e-mail address and giving separate, voluntary consent to receive commercial information by electronic means of communication. This consent is not a condition for placing an Order or creating an Account.

The consent referred to in section 5 may be withdrawn at any time, in particular by clicking the unsubscribe link included in every Newsletter message or by changing the settings in the Account. Withdrawal of consent does not affect the lawfulness of messages sent before it was withdrawn.

The Customer may specify in the Account the scope and frequency of messages received, including limiting them exclusively to messages concerning their Orders and Subscriptions.

Irrespective of the consent referred to in section 5, the Seller sends the Customer messages necessary for the performance of a Sales Agreement, a Subscription Agreement or an agreement for the provision of services by electronic means, in particular Order confirmations, information on payment and delivery status, sales documents, information about changes to the Terms and Conditions and messages concerning Account security. These messages do not constitute commercial information.

Signing up to the Waiting List results in a one-off notification about the availability of the indicated Product or functionality. Signing up to the Waiting List is not a Newsletter subscription and does not constitute the consent referred to in section 5.

The Customer is obliged to use the Service in a manner consistent with the law, good practices and the provisions of these Terms and Conditions.

In particular, the following is prohibited:

1. a.

   providing unlawful content or content infringing third-party rights (including intellectual property rights),

2. b.

   taking actions that may disrupt the operation of the Service, including vulnerability testing, scanning, bypassing security measures, introducing malicious software or automating activities in a way that places excessive load on the Service,

3. c.

   using the Service for fraudulent purposes or in a manner that harms the interests of the Seller, other Customers or third parties,

4. d.

   impersonating other persons or providing false data, for example during registration, when placing an Order or when contacting the Seller,

5. e.

   submitting to the Skin Scanner an image of another person without their knowledge and consent, or submitting images that are not the facial image of the person using the functionality.

The Seller may temporarily restrict access to the Service in the event of technical work, failures or the need to ensure security. The Seller informs about planned technical work of significant scope in the Service.

The Customer may report irregularities in the operation of the Service to the Seller's e-mail address. The Seller considers such reports within 14 days.

An Account is not required to place an Order. The Customer may place an Order as a Guest on the terms set out in sections 6-9, subject to section 10.

Creating an Account requires an e-mail address. Account registration takes place by completing the registration form in the Service, providing the required data and setting a password. The Seller may require confirmation of the e-mail address before the Account is fully activated.

The Customer is obliged to provide true and up-to-date data and to update it in the Account if it changes.

The Customer is responsible for keeping their login credentials confidential and for activities undertaken in the Account. The Seller recommends using a strong password and not sharing login credentials with third parties, but bears no responsibility in this respect. The Seller provides two-step verification; the Seller recommends using it.

The Customer may delete the Account at any time using the function available in the Service or by sending a request to the Seller's e-mail address. Deleting the Account does not affect the rights and obligations of the parties under Sales Agreements concluded before the Account was deleted. Deleting the Account during an active Subscription is treated as its termination in accordance with §8(9).

When placing an Order as a Guest, the Customer provides the data necessary to process the Order, in particular their name and surname, delivery address and e-mail address, and accepts these Terms and Conditions.

The Guest receives confirmations and information about the Order status at the e-mail address provided. The Guest has no access to Order history in the Service or to functionalities requiring an Account.

An Order placed as a Guest does not include Subscriptions, Digital Services or MQLS Program functionalities requiring an Account.

If the Seller offers the Guest the possibility of obtaining benefits under the MQLS Program after creating an Account, the terms of such an offer, including the time limit for using it, are communicated to the Guest in the Service and by e-mail. The rules for granting and settling such benefits are set out in the MQLS Terms.

The Seller may block or close the Account if the Customer undertakes the activities referred to in §4(2), after first calling on the Customer to cease the infringements, unless an immediate block is necessary for the security of the Service or other Customers. The Seller informs the Customer about the block and its reason by e-mail, indicating how to lodge a complaint.

The Seller sells the Products and Digital Services offered in the Service. The current assortment, descriptions and Prices are presented in the Service.

Descriptions, photos and other materials presented in the Service are for information purposes. The Seller makes efforts to ensure that Product information is reliable and up to date.

Products in the food supplements category are not medicinal products, do not replace a varied diet or a healthy lifestyle and are not intended to diagnose, treat or prevent diseases. Information on composition, recommended daily intake and contraindications is presented on the Product page and on its packaging.

The Price indicated in the Service is binding at the time the Order is placed. Delivery costs (if applicable) are communicated to the Customer before the Order is placed.

When announcing a Price reduction, the Seller indicates, next to the information about the reduced Price, the lowest Price of that Product applicable during the 30 days preceding the reduction. If the Product has been offered in the Service for less than 30 days, the Seller indicates the lowest Price applicable from the day the Product was first offered until the day the reduction was introduced.

The Seller may make Coupons available. The terms of a Coupon, in particular the discount amount, validity period, minimum Order value and the Products covered by the Coupon, are communicated by the Seller when the Coupon is made available.

A Coupon is single-use, unless stated otherwise in its terms. A Coupon cannot be exchanged for cash.

Coupons cannot be combined with each other or with the Affiliate Program discount, unless stated otherwise in the terms of the given promotion. Where several discounts could apply, the Service applies the discount more favourable to the Customer, unless indicated otherwise in the Service.

The total amount of discounts applied to a single Order may be limited; the applicable limit is presented in the Cart and in the Order summary before the Order is placed.

The Seller is entitled to refuse to apply a discount, cancel a discount or withhold promotional benefits in the event of abuse or a justified suspicion of abuse, in particular the creation of fictitious accounts, self-referrals, automated activities or other activities contrary to the law or good practices.

The Seller may introduce quantity limits for the purchase of selected Products, which is communicated in the Service at the latest at the Order placement stage.

The Seller provides the Customer with the information required by law before the conclusion of the agreement, in particular concerning the main features of the Product or Digital Service, the total price and the manner and time of performance.

The Customer selects Products by adding them to the Cart.

Adding a Product to the Cart does not constitute a reservation of the Product and does not result in the conclusion of a Sales Agreement.

To place an Order, the Customer:

1. a.

   proceeds to the Cart,

2. b.

   logs in to the Account, creates an Account or chooses to purchase as a Guest,

3. c.

   selects the delivery method,

4. d.

   provides delivery details (and, if applicable, invoice details),

5. e.

   selects the payment method,

6. f.

   accepts the Terms and Conditions and ticks the consents required for the selected functionalities,

7. g.

   places the Order by clicking the button finalising the Order, marked with information about the obligation to pay,

8. h.

   pays for the Order, unless they have selected a payment method allowing later payment.

Before placing the Order, the Customer can verify and correct the data entered in the form and change the contents of the Cart.

After placing the Order, the Customer receives an Order confirmation containing its summary at the e-mail address provided.

The Sales Agreement is concluded when the Seller sends the Customer, at their e-mail address, a confirmation that the Order has been accepted for processing.

The Customer may cancel the Order until the parcel is dispatched by contacting the Seller. After dispatch, the withdrawal rules set out in §11 of these Terms and Conditions apply.

The Seller records the content of the Terms and Conditions applicable at the time the Order is placed and provides it to the Customer together with the confirmation referred to in section 5, in a manner allowing it to be downloaded and saved.

The Seller may offer selected Products and Digital Services in a Subscription model. A Subscription is an agreement concluded for an indefinite period under which the Seller periodically performs the service and the Customer periodically pays a fee for each Billing Period.

Concluding a Subscription requires an Account and a payment method allowing recurring charges.

Before the Subscription is concluded, the Seller presents to the Customer in the Service: the scope of performance in each Billing Period, the length of the Billing Period, the fee for each Billing Period, the total amount of the first charge and the resignation rules. The button finalising the conclusion of the Subscription is marked with information that the Customer is concluding an agreement with an obligation of recurring payment.

The Subscription is concluded when the Seller sends the Customer, at their e-mail address, a confirmation of its conclusion. The confirmation contains the information indicated in section 3 and instructions on the right of withdrawal.

The fee for the first Billing Period is charged when the Subscription is concluded. The fee for each subsequent Billing Period is charged automatically, in advance, on the first day of that period, using the payment method indicated by the Customer. The Subscription renews for subsequent Billing Periods until it is terminated.

The Seller informs the Customer about the upcoming renewal of the Subscription at the e-mail address assigned to the Account, no later than 3 days before charging the fee for the next Billing Period.

If charging the payment method is unsuccessful, the Seller makes further attempts to collect the fee and informs the Customer, indicating how to update the payment method. If the fee is not paid within 14 days from the start of the Billing Period, the Seller may suspend performance under the Subscription, and after a further 14 days terminate the Subscription with immediate effect, of which the Seller informs the Customer by e-mail.

If the Seller provides a Subscription pause function in the Account, no fees are charged and no services are performed during the pause. The maximum pause period and the rules for using it are presented in the Account.

The Customer may terminate the Subscription at any time, without giving a reason and without incurring costs, using the function in the Account or by sending a statement to the Seller's e-mail address. The termination takes effect at the end of the Billing Period for which the fee has already been charged; services paid for that period are performed. No notice period is required.

Entitlements, in particular Scans granted under the Subscription, unused by the end of the Billing Period in which the termination became effective, do not carry over to a further period, unless indicated otherwise in the Service. Scans purchased separately remain available in accordance with §13(6).

The Seller may terminate the Subscription with 30 days' notice for important reasons, in particular discontinuation of the given Product or Digital Service or organisational changes on the Seller's side. Fees collected for a period not covered by performance are refunded proportionally.

A change in the Subscription fee requires informing the Customer at the e-mail address assigned to the Account at least 30 days before the change takes effect. A Customer who does not accept the change may terminate the Subscription with effect from the day preceding the entry into force of the change; the absence of termination within this period constitutes acceptance of the new fee. The change does not apply to a Billing Period for which the fee has already been charged.

The right of withdrawal from a Subscription is set out in §11(12)-(14).

The Seller provides the following payment methods and forms of settling an Order:

1. a.

   electronic payment via the payment operator Stripe (Stripe Payments Europe, Ltd. or another Stripe group entity competent for the transaction), in particular by payment card, BLIK and digital wallets made available in the payment process,

2. b.

   traditional bank transfer to the Seller's bank account indicated in the Order confirmation,

3. c.

   use of MQLS points, that is a reduction of the amount payable for all or part of the Order value or an exchange of MQLS points for a Product, on the terms set out in sections 6-9 and in the MQLS Terms.

The payment methods available for a given Order are indicated to the Customer in the Service at the Order placement stage. A Subscription requires a payment method allowing recurring charges, therefore the methods indicated in section 1(b) are not available for it.

A payment is deemed made when the Seller receives confirmation of authorisation or completion of the payment from the payment operator, and in the case of a traditional bank transfer - when the funds are credited to the Seller's account.

If a traditional bank transfer is selected, the Customer makes the payment within 7 days of placing the Order, indicating the Order number in the transfer title. After the ineffective expiry of this period, the Seller may cancel the Order, of which it informs the Customer by e-mail.

The Seller does not store the Customer's payment card data. Payment data is processed by the payment operator in accordance with its security rules and terms of service.

The use of MQLS points is available to Customers with an Account. The conversion rate of MQLS points into a reduction of the amount payable and the maximum share of MQLS points in the Order value are presented in the Cart before the Order is placed.

Upon placing an Order using MQLS points, the points allocated to that Order are reserved and are not available for other purposes. The reservation remains in force until the Order is settled or cancelled.

If the Order is not paid for or is cancelled, the reservation of MQLS points expires and the points return to the Customer's Account. The Seller informs the Customer about the expiry of the reservation by e-mail.

The settlement of MQLS points in connection with withdrawal from the agreement, a return or a complaint, including the impact of these events on benefits granted in the MQLS Program, is set out in the MQLS Terms.

The Seller issues a sales document in accordance with the law and makes it available to the Customer in electronic form. If the Customer expects an invoice, including an invoice issued to business details, they provide the data necessary to issue it in the Order placement process.

Products are delivered to the address or pickup point indicated by the Customer in the Order, using the methods and carriers available in the Service at the Order placement stage.

The Seller ships Products from a warehouse located in Poland.

The list of delivery countries, the delivery cost and the estimated delivery time are communicated to the Customer before the Order is placed.

The Order processing time includes the time of preparing the Order and the carrier's delivery time. The Seller informs the Customer about the Order status in the Account or by e-mail. The Seller processes the Order no later than within 30 days of the conclusion of the Sales Agreement, unless a different time is indicated in the Product description.

In the case of a Consumer and an Entrepreneur with consumer rights, the risk of accidental loss of or damage to the Product passes to the Customer upon taking possession of the Product. In the case of an Entrepreneur - upon handing the Product over to the carrier.

The Seller recommends checking the parcel upon receipt where possible. If transport damage is found, the Customer should immediately report reservations to the carrier and contact the Seller.

In the case of a Subscription including delivery of Products, delivery takes place in each Billing Period to the address indicated in the Account. The Customer may change the delivery address in the Account; the change takes effect for deliveries made after it is saved.

The Seller also delivers outside Poland, to the countries indicated in the Service at the Order placement stage. The cost of international delivery depends on the delivery country and is presented in the Cart and before the Order is placed, together with any Order value threshold above which delivery is free of charge.

International delivery times may be longer than delivery times within Poland and depend on the delivery country and the carrier. The Order processing time indicated in section 4 remains unchanged.

In the case of delivery to a country outside the European Union (for example the United Kingdom), Products may be subject to customs duties, import taxes and handling fees charged by the carrier or the customs administration of the delivery country. These charges are not included in the Price or in the delivery cost, are not collected by the Seller and are borne by the Customer in accordance with the law of the delivery country.

Prices may be presented in the Service in foreign currencies (for example EUR or USD) for information purposes. Payment is processed in Polish zloty (PLN); the final amount charged in the currency of the Customer's account depends on the exchange rate and any fees applied by the payment method provider or the Customer's bank.

The Customer is responsible for the compliance of the import of Products with the law of the delivery country, including restrictions on the import of food supplements. If an international parcel is not delivered for reasons attributable to the Customer (for example refusal to accept, failure to collect in time, incorrect address) and returns to the Seller, the Seller contacts the Customer to arrange redelivery and may make redelivery conditional on the Customer covering its cost. The Consumer's rights, including the right of withdrawal, remain unaffected.

A Consumer and an Entrepreneur with consumer rights may withdraw from the Sales Agreement without giving a reason within 14 days, subject to sections 8 and 9.

The withdrawal period expires 14 days from the day on which the Consumer (or the Entrepreneur with consumer rights) took possession of the Product (or on which a third party other than the carrier, indicated by the Consumer, took possession of the Product).

To exercise the right of withdrawal, the Seller must be informed of the decision to withdraw by an unequivocal statement (for example an e-mail) before the expiry of the period referred to in section 2. The model form in Annex 1 to these Terms and Conditions may be used, but it is not obligatory. The Seller will confirm receipt of the statement on a durable medium.

In the event of withdrawal from the Sales Agreement, the Seller returns all payments received from the Consumer, including the costs of delivering the Product (with the exception of additional costs resulting from the delivery method chosen by the Consumer other than the cheapest standard delivery method offered by the Seller for the delivery country indicated in the Order), without undue delay and no later than 14 days from the day of receiving the withdrawal statement.

The refund is made using the same payment methods as used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution; in any event, the Consumer does not incur any fees in connection with the refund. If part of the Price was covered by a discount obtained through the use of MQLS points, the refund in that part is made by crediting the Customer's Account with the corresponding number of MQLS points, on the terms set out in the MQLS Terms.

The Seller may withhold the refund until it has received the Product back or until the Consumer has provided proof of having sent it back, whichever occurs first.

The Consumer is obliged to return the Product without undue delay, and no later than 14 days from the day on which they informed the Seller of the withdrawal. It is sufficient to send the Product back before the expiry of this period. The Consumer bears the direct cost of returning the Product from abroad to the Seller's warehouse in Poland as well as the direct costs of any domestic return. The Seller does not provide return labels and does not arrange return pickup, unless the Service or arrangements with the Seller provide otherwise. The return is sent to the address indicated by the Seller in the confirmation of receipt of the withdrawal statement.

The right of withdrawal from the Sales Agreement does not apply in the cases indicated in the mandatory provisions on distance contracts (in Estonian law: võlaõigusseadus § 53(4), implementing Directive 2011/83/EU), in particular with respect to agreements where the subject of performance is an item delivered in sealed packaging which, once opened, cannot be returned for health protection or hygiene reasons. In the Service this applies in particular to cosmetics and food supplements delivered in sealed packaging (for example protective foil, a seal, a hologram, a security sticker). If such protection has been broken or opened after delivery, the right of withdrawal does not apply. If the protection has not been broken, withdrawal is possible on general terms.

Where the right of withdrawal applies, the Consumer is liable for any diminished value of the Product resulting from handling it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product. The Seller may reduce the refunded amount accordingly.

The Product should be returned in a manner ensuring its adequate protection during transport. The Seller recommends attaching the Order number or another identifier allowing efficient processing of the return.

The settlement under the MQLS Program in connection with withdrawal, including the impact of withdrawal on granted benefits, is governed by the MQLS Terms.

A Consumer and an Entrepreneur with consumer rights may withdraw from a Subscription within 14 days of its conclusion, and if the Subscription includes delivery of Products - from the day of taking possession of the first delivered batch of Products. Withdrawal from a Subscription covers all services included in it.

In the event of withdrawal from a Subscription including Products, sections 4-10 apply, including the exclusion in section 8 with respect to Products with broken protective packaging.

The right of withdrawal from an agreement for the provision of a Digital Service expires upon its full performance, if the Customer consented to the performance of the service before the expiry of the withdrawal period and was informed of the loss of the right of withdrawal. With respect to Scans this means that the right of withdrawal expires for Scans already performed; for Scans purchased and unused, the right of withdrawal applies on general terms and the Seller refunds the Price in the part corresponding to the unused Scans.

An Entrepreneur has no right of withdrawal referred to in this paragraph, unless the Seller indicates otherwise in the Service.

If the withdrawal concerns only some of the Products in an Order and the Order is otherwise performed, the costs of delivering the Order are not refunded if the delivery cost for the remaining part of the Order would be the same. If delivering only the remaining part of the Order would be cheaper, the difference is refunded.

The Seller is liable towards a Consumer and an Entrepreneur with consumer rights for the conformity of the Product with the agreement on the terms set out in the mandatory provisions on the sale of goods to consumers (in Estonian law: võlaõigusseadus § 217 et seq., implementing Directive (EU) 2019/771). The Seller's liability for non-conformity of the Product with the agreement lasts 2 years from the delivery of the Product, unless the use-by date of the Product is longer. It is presumed that a lack of conformity which becomes apparent within the period resulting from the provisions applicable to the Customer, not shorter than one year from the delivery of the Product, existed at the time of delivery, unless proven otherwise or unless this presumption cannot be reconciled with the specific nature of the Product or the nature of the lack of conformity.

The Seller is liable towards a Consumer and an Entrepreneur with consumer rights for the conformity of a Digital Service with the agreement on the terms set out in the mandatory provisions on contracts for the supply of digital content and digital services (in Estonian law: võlaõigusseadus § 62 et seq., implementing Directive (EU) 2019/770). In the event of non-conformity of the Digital Service with the agreement, the Customer may demand that it be brought into conformity, and if this is impossible or would involve excessive costs - submit a statement on price reduction or withdrawal from the agreement.

General rules of liability for defects of sold goods under the law of obligations applicable to these Terms and Conditions (in Estonian law: võlaõigusseadus) apply to Entrepreneurs, unless mandatory provisions state otherwise.

Complaints may be submitted electronically to the Seller's e-mail address.

A complaint should contain at least: the Customer's name and surname (or company name), contact details (e-mail address), the Order number, an indication of the Product or Digital Service, a description of the reservations and the Customer's demand. The Seller may ask for additional information or photos if necessary to consider the complaint.

The Seller responds to a complaint of a Consumer or an Entrepreneur with consumer rights within 14 days of its receipt. If the Seller does not respond within this period, the complaint is deemed accepted to the extent of the Customer's demand.

As a rule, the Consumer may first demand that the Product be brought into conformity with the agreement (repair or replacement). The Seller may replace instead of repairing (or repair instead of replacing) if bringing the Product into conformity in the manner chosen by the Consumer is impossible or would involve excessive costs.

The Consumer may submit a statement on price reduction or withdrawal from the Sales Agreement if:

1. a.

   the Seller refused to bring the Product into conformity,

2. b.

   the Seller failed to bring the Product into conformity within a reasonable time or without excessive inconvenience,

3. c.

   the lack of conformity persists even though the Seller attempted to bring the Product into conformity,

4. d.

   the lack of conformity is significant enough to justify a price reduction or withdrawal without first bringing the Product into conformity, in accordance with consumer protection law. Withdrawal is not available if the lack of conformity is insignificant.

If delivering the Product is necessary to consider the complaint, the Seller will inform the Customer about the manner and address of sending it back. In the case of an accepted complaint, the Seller bears the costs required by law (in particular the costs of shipping, transport, labour and materials).

A Customer who is a Consumer may use out-of-court dispute resolution methods. In particular, they may submit an application to the consumer disputes committee operating at the Estonian Consumer Protection and Technical Regulatory Authority (Tarbijakaitse ja Tehnilise Järelevalve Amet, Endla 10a, 10122 Tallinn, Estonia, e-mail: info@ttja.ee) or contact the consumer protection authority competent in the country of their habitual residence. A Consumer living in another European Union country may obtain free assistance in contacting the Seller through the European Consumer Centre in their country.

The Seller provides the Skin Scanner in the Service, an optional functionality allowing a Scan to be performed on the basis of a facial image captured with the camera of the Customer's device and changes in selected visible skin features to be observed over time.

Using the Skin Scanner is voluntary and is not required to create an Account, place an Order or conclude a Subscription.

The analysis is of a cosmetic and care nature. **A Scan is not a medical examination, does not constitute a diagnosis or medical advice and is not intended to detect diseases.** The Skin Scanner assesses only features visible in the photo. The Seller does not guarantee a specific result or an improvement in skin condition as a result of applying recommendations. In case of health concerns, the Customer should consult a specialist.

Scan results are comparative in nature: they present the change relative to earlier Scans of the same Customer performed in comparable conditions. The results do not constitute a measurement of absolute values or of parameters that cannot be determined from a photo.

A Scan is a paid Digital Service, unless the Service indicates that a given Scan is free of charge. The Price of a Scan, the prices of Scan packages and the number of Scans included in a Subscription are presented in the Service before purchase. Payment may be made using the methods indicated in §9.

Purchased Scans are assigned to the Account and remain available for the period indicated in the Service, and in the absence of such an indication - without a time limit, until they are used or the Account is deleted. Scans granted under a Subscription are subject to §8(10).

The Skin Scanner verifies the quality and conditions of the photo. A photo rejected by this verification does not consume a Scan; the Customer may try again. The verification serves to ensure that comparisons between Scans are reliable.

A Scan is deemed performed when the result is made available to the Customer in the Service. The effects of performing a Scan on the right of withdrawal are set out in §11(14).

Photos submitted within the Skin Scanner are stored in encrypted form in order to enable comparisons over time and the presentation of Scan history. The Customer may at any time delete individual Scans together with the associated photos or request the deletion of all their Skin Scanner data. Deleting photos makes further comparisons with the deleted Scans impossible.

The legal bases for data processing in connection with the Skin Scanner, including the requirement of separate express consent to the processing of facial image data, retention periods, information about processors and the Customer's rights, are set out in the Privacy and Cookies Policy. Using the Skin Scanner requires giving this consent; it may be withdrawn at any time, which results in discontinuation of the service.

The Customer may use the Skin Scanner exclusively with respect to their own image, in accordance with §4(2)(e).

A Scan is a Digital Service within the meaning of these Terms and Conditions. By ordering a Scan or a Scan package, the Customer requests that performance begins before the expiry of the withdrawal period and acknowledges that upon performance of the Scan, that is upon making the result available in the Service, they lose the right of withdrawal with respect to that Scan. Scans purchased but not yet performed remain subject to the right of withdrawal on general terms.

The Seller may develop and change the analysis method. A change of method does not invalidate earlier Scans; if the change affects the presentation of results, the Seller informs about it in the Service.

The Seller allows Customers to post Reviews of Products.

**A Review of a Product may be posted exclusively by a Customer who purchased that Product in the Service and whose Order has been paid.** The Seller verifies this automatically, by linking the Review with the Customer's Account and their Order history. Reviews that do not meet this condition are not published. The Seller does not publish reviews from other sources or reviews whose origin from a purchaser cannot be confirmed.

Reviews are published after checking their compliance with these Terms and Conditions and the law. The Seller does not change the content of Reviews. The Seller publishes both positive and negative Reviews and does not remove Reviews solely because of their negative content.

The Seller may refuse to publish or may remove a Review that violates the law or these Terms and Conditions, in particular one containing unlawful or vulgar content, personal data of third parties, advertising content, or one that does not concern the reviewed Product. The Seller informs the author of the Review about the refusal or removal, indicating the reason and the manner of lodging a complaint.

The Review is presented with the author's first name and the first letter of their surname, unless the Customer has indicated another form of identification allowed in the Service. The Customer may attach photos to a Review; attaching a photo is voluntary.

If the Seller grants any benefits for posting a Review, in particular MQLS points, information about this is presented next to the Review form and next to the presentation of Reviews. Granting benefits does not depend on the content or rating expressed in the Review.

By posting Customer Content, the Customer declares that they hold the rights to it and that it does not infringe third-party rights, and grants the Seller a free, non-exclusive licence to use it in the Service and in materials concerning the Service, to the extent necessary for its presentation. The licence is granted for the period of publication of the Customer Content in the Service.

The Customer may at any time remove the Customer Content posted by them, using the function in the Service or sending a request to the Seller's e-mail address.

Anyone may report to the Seller a Review or other Customer Content they consider illegal by sending a report to hello@molecooles.com. The report should indicate where the content is published, a justification and the reporter's contact details. The Seller processes reports without undue delay, in a diligent, non-arbitrary and objective manner, and informs the reporter of the decision taken and of the possibility of contesting it.

The Seller informs the author about a refusal to publish or about the removal of Customer Content, indicating the reason for the decision. The author may contest the decision within 6 months of being informed, by sending an appeal to the Seller's e-mail address. The appeal is considered by a person who did not participate in the contested decision. Consideration of the appeal does not exclude the Customer's right to use out-of-court dispute resolution or court proceedings.

The Service provides a referral program (the "Affiliate Program") under which a Customer may purchase Products using an Affiliate Link.

If the Customer proceeds to the Cart using an Affiliate Link, the Service applies a discount to the Price on the terms indicated in the Service. The discount is presented in the Cart and in the Order summary before the Order is placed.

The Affiliate Program discount applies exclusively to the Price of Products under a Sales Agreement and is reflected in the amount payable and in the sales document.

In the event of withdrawal from the Sales Agreement or an accepted return, the refund is made in the amount of the Price actually paid by the Customer (after the discount), in accordance with §11.

The Service operates a loyalty program based on MQLS points. The MQLS Program allows Customers to obtain specific benefits related to purchases in the Service.

The rules of the MQLS Program, in particular the accrual and use of MQLS points, holding periods, correction rules, settlements in the event of withdrawal from the agreement and the rules of the referral program in the part concerning MQLS, are set out in the MQLS Terms available in the Service.

The handling of functionalities related to MQLS points, including any wallet functions and identification activities, if required for those functions, is performed by third parties indicated in the MQLS Terms.

The MQLS Program does not change the rules for concluding and performing Sales Agreements or Subscription Agreements, which follow from these Terms and Conditions. In the event of discrepancies concerning the rules of the MQLS Program, the MQLS Terms prevail.

The Affiliate Program applies only if the technical conditions of the Service and the rules set out in the Service and the MQLS Terms are met. §6(10) applies to Affiliate Program discounts and benefits.

MQLS points are of a purely utility nature: they entitle the holder to obtain a discount on the Seller's Products, that is to reduce the amount payable, or to exchange MQLS points for a Product, on the terms set out in the MQLS Terms. MQLS points are not a means of payment, electronic money, a financial instrument or an investment product, have no investment character and do not serve to invest funds.

The Seller does not guarantee the value of MQLS points, does not undertake to buy them back or to pay out any monetary benefits on their account, including interest or other proceeds. The Seller does not offer staking or other mechanisms rewarding the holding of MQLS points. Obtaining and using MQLS points is voluntary and is not a condition for concluding a Sales Agreement.

Activities undertaken by the Customer outside the Service, including with the use of third-party solutions, are at the Customer's sole risk, are not a service provided by the Seller and do not change the utility nature of MQLS points described in sections 10 and 11.

MQLS points may be purchased for consideration exclusively from the MQLS Program provider indicated in the MQLS Terms, through the tool made available by that provider. The agreement for the purchase of MQLS points is concluded between the Customer and that provider; the Seller does not sell MQLS points, does not accept payments for them and does not issue sales documents in this respect. Purchasing MQLS points is not a condition for concluding a Sales Agreement or using the Service.

The Service and its elements (in particular: the Molecooles name, graphic layout, designs, trademarks, logos, content, photos, descriptions, video materials, databases, software) are protected by law, including copyright and industrial property rights.

Using the Service does not result in acquiring any rights to the elements of the Service. The Customer may use the content of the Service exclusively within the scope of permitted use and for the purpose of making purchases in the Service.

Copying, distributing, modifying or using elements of the Service for commercial purposes without the prior consent of the Seller or the entitled parties is prohibited.

§14 applies to Customer Content.

The Seller is liable within the limits of applicable law. The provisions of these Terms and Conditions do not exclude or limit the rights of a Consumer or an Entrepreneur with consumer rights under mandatory provisions of law.

The Seller is not liable for interruptions in the availability of the Service resulting from technical reasons beyond the Seller's control (for example failures of telecommunications networks or third-party infrastructure) or from maintenance work, provided it is justified and carried out to a reasonable extent.

The Seller is not liable for services and actions of third parties, in particular the payment operator and external solutions used in the MQLS Program, subject to the Seller's liability for the proper performance of Sales Agreements, Subscription Agreements and agreements for the provision of Digital Services.

The limitations of liability indicated in sections 2 and 3 do not apply to Consumers or Entrepreneurs with consumer rights to the extent that they would be contrary to mandatory provisions of law.

The rules for processing personal data and the use of cookies in the Service are described in the "Privacy and Cookies Policy" available in the Service.

These Terms and Conditions do not replace the "Privacy and Cookies Policy". In the event of discrepancies concerning privacy matters, the information contained in the Privacy and Cookies Policy prevails.

Consents required for individual functionalities, in particular the consent to receive commercial information (§3(5)) and the consent to the processing of facial image data (§13(10)), are separate, voluntary and independent of the acceptance of these Terms and Conditions. Their absence does not prevent placing an Order, except for functionalities that cannot be performed without the given consent.

The Seller may amend these Terms and Conditions for important reasons, such as: changes in the law or its interpretation, changes in Service functionalities, changes in payment or delivery methods, organisational changes on the Seller's side or the need to clarify the provisions of these Terms and Conditions.

The Seller informs Customers about amendments to the Terms and Conditions by sending an e-mail to the address assigned to the Account in the Service or by making the information available in the Account in the Service in a manner enabling the Customer to read the content of the amendments and to download and save it (durable medium).

Amendments enter into force on the date indicated in the amendment notice, however no earlier than 14 days from the day Customers are informed as referred to in section 2.

The Customer may object to the amendments within 14 days of being informed about them. In the event of an objection, the Customer may terminate the agreement for the provision of services by electronic means (concerning the Account) with immediate effect, and the Seller may close the Account, subject to the performance of Orders placed before the Account is closed. If the Customer does not object and continues to use the Account or places Orders after the expiry of the period, the amended Terms and Conditions bind the Customer.

Amendments to the Terms and Conditions do not affect Customers' acquired rights and do not apply to Orders placed before the amendments enter into force; such Orders are governed by the Terms and Conditions in the version applicable at the time the Order was placed.

Subscriptions concluded before the amendments enter into force are governed by the existing Terms and Conditions until the end of the Billing Period in which the amendment entered into force. A change in the Subscription fee requires the procedure set out in §8(12).

The Seller makes previous versions of the Terms and Conditions available in the Service together with their period of application.

These Terms and Conditions are governed by Estonian law, applicable due to the Seller's registered office, provided that this choice of law does not deprive the Consumer of the protection afforded by provisions that cannot be derogated from by agreement under the law of the country of their habitual residence (Article 6 of the Rome I Regulation).

In the event of disputes with a Customer who is an Entrepreneur, the court with jurisdiction over the Seller's registered office is competent, and if the law does not allow such designation - the court competent under general rules. In the event of disputes with a Consumer, the competent court is determined by mandatory provisions of law.

If any provision of these Terms and Conditions proves invalid or ineffective, this does not affect the validity of the remaining provisions. The invalid provision is replaced by the provision of law that best corresponds to the economic purpose of the provision.

These Terms and Conditions, version 2.0, apply from 10 August 2026 and replace the Terms and Conditions, version 1.0, applicable from 2 February 2026.