TERMS AND CONDITIONS FOR ONLINE SALES
ARTICLE 1 – COMPANY DATA
We (hereinafter referred to as -we-, -us- and -our-) are:
Company name: TWENTYEIGHT BV
Enterprise number (Belgian Crossroads Bank for Enterprises): 0746.986.508
VAT number: BE0746986508
Correspondence address: Jordaenskaai 23 bus 201, 2000 Antwerp, Belgium
E-mail address: email@example.com
Telephone: +32 472 46 79 62
We are trading under the name -A.M. Cosmetics- and via the online store linked to our website -anoukmattoncosmetics.com- (hereinafter the -Website-).
ARTICLE 2 – APPLICABILITY OF THE TERMS AND CONDITIONS
1. Our Website offers the possibility to purchase products online. The present terms and conditions (hereinafter -Terms and Conditions-) apply to any order placed via our Website by any visitor acting as a consumer (hereinafter -the consumer-). By -consumer- we mean a natural person who, for non-professional purposes only, acquires or uses products or services on the market.
2. When placing an order via our Website, the consumer must explicitly accept the present Terms and Conditions. The consumer hereby agrees to the applicability of the present Terms and Conditions, to the exclusion of any other terms and conditions. Additional terms and conditions are excluded, unless they have been explicitly accepted in writing and in advance by us.
3. If a consumer orders one or more products online, we will attach a copy of the Terms and Conditions to the order confirmation in a format that can be saved or printed. We urge consumers to always save or print the Terms and Conditions.
ARTICLE 3 – THE OFFER AND THE AGREEMENT
1. The offer includes a full and accurate description of the products offered. The description is detailed enough to allow for an adequate assessment of the offer on the part of the consumer.
2. Despite the fact that the online catalogue and the e-commerce website were created with the utmost care, it is possible that the information provided is incomplete, contains material errors or is not up-to-date. Obvious mistakes or errors in the offer do not bind us. In terms of accuracy and completeness of the information provided, we are only bound by a best effort obligation.
3. We can in no case be held liable for obvious material, typesetting or printing errors. If the consumer has specific questions about e.g. dimensions, colour, availability, period or method of delivery, we request the consumer to contact our customer service in advance.
4. The offer is valid subject to availability of the product and can be changed or revoked by us at any time. We cannot be held liable for the unavailability of a product.
5. If an offer has a limited validity period or is subject to certain conditions, this will be explicitly indicated in the offer.
6. To purchase a product, a consumer adds the product to the shopping cart. Afterwards, the consumer provides the relevant contact information and invoice information. Next, the delivery method is chosen and the delivery address is provided. During the last step, the consumer sees an overview page where the Terms and Conditions can be accepted and where the payment can be confirmed by clicking on the order button. Once a consumer has completed these steps, the purchase is final. We will immediately confirm the receipt of the acceptance of the offer via electronic means.
ARTICLE 4 – THE PRICE
1. All prices mentioned are expressed in euro and always include VAT and all other taxes to be paid by the consumer. The prices do not include, if applicable, delivery charges. Delivery charges will be stated separately in the order process and are included in the total price to be paid by the consumer.
2. The prices indicated exclusively relate to the items as literally described. Accompanying pictures are used by way of illustration only and may contain elements that are not included in the price.
ARTICLE 5 – THE PAYMENT
1. We can only accept payment via the payment modules on our website for online orders.
2. In order to guarantee secure online payments and the security of the consumer his personal data, the transaction data is transmitted via the internet, encrypted with SSL technology. To pay with SSL, the consumer does not need special software. The consumer can recognize a secure SSL connection by the -lock- in his/her browser status bar.
ARTICLE 6 – DELIVERY AND PERFORMANCE OF THE CONTRACT
1. Unless agreed or explicitly determined otherwise, the products are delivered to the address of the consumer, as indicated in the order, within 30 days after receipt of the order and the payment. If the delivery is delayed, or if an order cannot or only partially be executed, we will always inform the consumer before the expiration of the planned delivery period. If we do not, the consumer can cancel the order, free of charge.
2. The following costs of delivery of the products shall be borne by the purchaser:
Belgium: 7,50 euro. Free for orders more than 90 euro.
Luxemburg: 9,95 euro.
Netherlands: 7,95 euro. Free for orders more than 90 euro.
Germany: 9,95 euro. Free for orders more than 90 euro.
France: 9,95 euro. Free for orders more than 90 euro.
Other EU countries and UK: 14,95 euro.
Countries outside EU: 18,95 euro.
Belgium, Luxemburg, Netherlands, Germany and France: 12,95 euro.
Other EU countries and UK: 14,95 euro.
Countries outside EU: 18,95 euro.
3. The risk of loss or damage shall pass to the consumer at the moment in which the consumer (or a third party other than the carrier and indicated by the consumer) has acquired material possession of the products.
4. Any visible damage and/or qualitative deficiency of a product or other defect upon delivery must be reported immediately to us by the consumer.
5. We can not be held responsible for any consequential damages due to late delivery or non-delivery by the carrier that we have appointed. Our liability in such cases is limited to the value of the products that are not received by the consumer.
ARTICLE 7 – RIGHT OF WITHDRAWAL
1. Subject to the provisions of the Terms and Conditions, the consumer is entitled to withdraw from the agreement with us within a period of 14 calendar days without indication of reasons. The right of withdrawal ends 14 calendar days after the day on which the consumer, or a third party other than the carrier and designated by the consumer, acquires material possession of the products.
2. To comply with the withdrawal period, the consumer needs to send us the notification of exercise of his withdrawal right, as mentioned in this article, before the end of the withdrawal period. The consumer shall immediately return the products to us (Jordaenskaai 23 bus 201, 2000 Antwerp, Belgium) or, in any case, not later than 14 calendar days after the day on which the decision to withdraw from the contract was notified to us. The consumer is on time if the products are returned before the end of the period of 14 calendar days.
3. During the aforementioned period of 14 days, the consumer will handle the product and the packaging with due care. The consumer will only remove the packaging or use the product insofar as necessary in order to assess whether he/she wishes to keep the product.
4. In order to exercise the right of withdrawal the consumer needs to inform us (by e-mail (firstname.lastname@example.org) or mail (Jordaenskaai 23 bus 201, 2000 Antwerp, Belgium) of the decision to withdraw from the contract, by means of a clear statement (e.g. in writing by post or email). For this purpose, the consumer can use the model form for withdrawal hereunder, but this is not obligatory:
Model form for withdrawal
(only fill in this form and return it when you wish to revoke the agreement). To: TWENTYEIGHT BV Jordaenskaai 23 bus 201, 2000 Antwerp, Belgium email@example.com
I/We* hereby inform you, that I/we* revoke our agreement concerning the sale of the following products: [state product]* the delivery of the following digital content: [state digital content]*
the provision of the following service: [state service]* Ordered on*/received on* [order date for services or date of receipt for products] [Name consumer(s)] [Address consumer(s)] [Signature consumer(s)] (only when this form is submitted on paper) * Cross out what is not applicable or fill in what is applicable.
5. For some products however, the right of withdrawal is excluded due to the nature of the products. This is the case for products:
that have been realised by us in accordance with the consumer’s specifications;
that are clearly personal in nature;
that can quickly perish or become obsolete.
6. When and if returning products, the following terms and conditions apply:cosmetic products may only be returned unopened and in their original packaging for hygienic reasons. We will not take back any opened containers, jars, tubes or bottles;
products must be returned in an undamaged package. We only process returns when the order is returned to us in saleable condition, in original packaging and in a sturdy return box;
for products which are damaged or show signs of use or other damage inflicted by the consumer, we retain the right to refuse the return or to charge for the damage.
7. If the consumer opts to exercise the right of withdrawal, then the consumer will bear the costs of the return shipment.
8. If there is, in any way, a decrease in the value of the returned product, we reserve the right to hold the consumer liable and claim damages for any decrease in value of the products resulting from the use of the products by the consumer that goes beyond what is necessary to determine the nature, characteristics and of the products.
9. If the consumer withdraws from the agreement in accordance with this article, we will reimburse the amount paid by the consumer as soon as possible and not later than 14 days after we are informed of the decision of the consumer to withdraw from the contract. We will however not reimburse the costs of delivery if the consumer has explicitly opted for a different method of delivery than the cheapest standard delivery offered by us. We may decide to withhold with reimbursement until we have received all returned products, or until the consumer has shown that the consumer returned the products, whichever occurs first.
ARTICLE 8 – WARRANTY
1. We guarantee that the products comply with the agreement, the specifications stated in the offer and the reasonable requirements of soundness and/or usability.
2. In addition, we also apply the minimum legal warranty period of two years if the product is not in conformity with the order placed. This legal warranty is valid as from the date of delivery to the first owner.
3. If a defect is discovered, the consumer must inform us as soon as possible. In order to make a warranty claim, the consumer must be able to submit a proof of purchase. Consumers are recommended to keep the original packaging of the products. If the consumer returns the product to us in relation to a defect, this shipment is at consumer his own expense. In any case, defects should be notified by the consumer within a period of two months after its discovery. After this period, there is no further entitlement to repairs or replacement.
4. The warranty shall never apply to defects due to accidents, negligence, falls, use of the product for purposes it is not intended for, non-compliance with the user instructions, changes or modifications made to the product, hard-handed usage, bad maintenance or any other abnormal or incorrect usage. Defects that appear after a period of 6 months from the date of purchase or delivery are not deemed to be hidden defects, unless the consumer can provide evidence to the contrary.
ARTICLE 9 – INTELLECTUAL PROPERTY
1. Our Website, logos, texts, photos, names, and all our communication in general are protected by intellectual property rights known to us, or to our suppliers or other beneficiaries.
2. It is prohibited to use and/or make changes to the intellectual property rights as described in this article. For example, the consumer may not copy or reproduce drawings, photographs, texts, logos, color combinations, etc . . . without our prior written consent.
ARTICLE 10 – PERSONAL DATA
ARTICLE 11 – COOKIES
ARTICLE 12 – INFRINGEMENT OF VALIDITY – NON-WAIVER
If any provision of the Terms and Conditions is found to be invalid, illegal or void, this will not affect in any way the validity, legality and enforceability of the other provisions. Our failure to enforce any of the rights listed in the Terms and Conditions or to exercise any of these rights at any time, will never be regarded as a waiver of these provisions and will never affect the validity of these rights.
ARTICLE 13 – CUSTOMER SERVICE, COMPLAINTS PROCEDURE AND DISPUTES
1. In case of a question or a complaint, please let us know as soon as possible:
via e-mail: firstname.lastname@example.org,
via a letter addressed to: Jordaenskaai 23 bus 201, 2000 Antwerp, Belgium
2. All agreements that we conclude with a consumer, regardless of their place of residence, are governed exclusively by Belgian law, and in case of a dispute, only the competent Belgian courts are competent. If, for reasons of international law, another law applies, Book VI of the Belgian Economic Law Code will be referenced when interpreting the current Terms and Conditions.
3. The Consumer Mediation Service of the FOD Economie is qualified to process any request to settle extrajudicial consumer disputes. They will, in turn, process the request themselves or send it to a qualified entity. The consumer can reach the Consumer Mediation Service via this link: https://www.consumentenombudsdienst.be/en .
4. If there is a cross-border dispute, the consumer can rely on the Online Dispute Resolution platform of the European Union via this link: https://ec.europa.eu/odr .