General sales conditions
Article 1 – Definitions
In these conditions, we mean by:
1. Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance.
2. Consumer: the natural person who is not acting in the exercise of a profession or a business and who signs a distance contract with the entrepreneur.
3. Distance contract: a contract where, within the framework of a system organized by the entrepreneur for the distance sale of products and / or services, use is made exclusively of one or more techniques of distance communication up to at the conclusion of the contract.
4. Distance communication technology: means which can be used for the conclusion of a contract without the consumer and the entrepreneur being simultaneously in the same room.
5. Cooling-off period: the period during which the consumer can use his right of withdrawal.
6. Right of withdrawal: the possibility for the consumer to renounce, within the cooling-off period, the distance contract.
7. Day: calendar day.
8. Duration of the transaction: a distance contract relating to a series of products and / or services, for which the delivery and / or purchase obligation is staggered.
9. Durable data carrier: any means enabling the consumer or entrepreneur to store information addressed to him personally, in a manner ensuring future consultation and intact reproduction of the saved information.
Article 2 – Identity of the entrepreneur
Beauty Time sprl (Beautylab.brussels)
31 Gray Street
Telephone number:: +32 478 77 12 72 (Monday – Friday: 10 a.m. – 6 p.m.)
E-mail address: firstname.lastname@example.org
VAT identification number: BE.0663.650.145
Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract established between the entrepreneur and the consumer.
2. Prior to the conclusion of the distance contract, the text of these general conditions is made available to the consumer. If this cannot reasonably be done, it will be specified before the distance contract is concluded that the general terms and conditions can be consulted at the entrepreneur and will be sent free of charge as quickly as possible at the request of the consumer.
3. If the distance contract is concluded by electronic means, by way of derogation from the previous paragraph and before the conclusion of the distance contract, the text of these general conditions may be made available to the consumer by electronic means in such a way that they – these can be easily stored by the consumer on a durable data carrier. If this cannot reasonably be done, it will be specified, before the distance contract is concluded, where the general conditions can be read electronically and that they will be sent free of charge by electronic means or other means, to the consumer demand.
4. In the event that specific conditions on the products or services also apply in addition to these general conditions, the second and third paragraphs are applicable by analogy and the consumer can always invoke the applicable provision which is most favourable to him. in the event of contradictory general conditions.
Article 4 – The offer
1. If an offer has a limited period of validity or is subject to conditions, this is explicitly mentioned in the offer.
2. The offer contains a complete and precise description of the products and / or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. When the entrepreneur uses illustrations, these faithfully reproduce the products and / or services offered. Notable errors or faults in the offer are not binding on the entrepreneur.
3. Each offer contains so much information that the consumer fully understands what rights and obligations are attached to accepting the offer. This concerns the following information:
o the price, taxes included;
o any delivery costs;
o how the contract will be established and what acts are necessary for this purpose;
o the applicability or not of the right of withdrawal;
o the terms of payment, delivery or performance of the contract;
o the deadline for accepting the offer or the deadline for maintaining the price;
o the level of the tariff for distance communication if the charges for using the remote communication technique are calculated on a basis other than the basic tariff;
o if the contract is archived after its formation, the way in which it can be consulted by the consumer;
o the way in which the consumer can be made aware, before the conclusion of the contract, of acts that he did not want as well as the way in which he can rectify them before the contract is formed;
o any languages, in addition to French and Dutch, in which the contract can be concluded;
o the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
o the minimum duration of the distance contract in the case of a contract which extends to the permanent or periodic delivery of products or services.
Article 5 – The contract
1. The contract is formed, subject to what is defined in paragraph 4, upon acceptance by the consumer of the offer and the fulfillment of the conditions stipulated therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance is not confirmed, the consumer can dissolve the contract.
3. If the contract is concluded electronically, the entrepreneur takes the appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can make an electronic payment, the entrepreneur will observe adequate security measures for this purpose.
4. The entrepreneur can – within legal frameworks – inquire as to whether the consumer is able to meet his payment obligations as well as inquire about all facts and factors that are important for a considered conclusion of the transaction. distance contract. If, on the basis of this investigation, the entrepreneur has good reasons for not concluding the contract, he is entitled to refuse an order or request or to make the performance subject to special conditions.
5. The entrepreneur will pass on the following information to the consumer together with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data medium:
at. the geographical address of the establishment of the entrepreneur to which the consumer can address complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal or a clear statement concerning the exclusion of the right of withdrawal;
vs. information on after-sales service and guarantees;
d. the information set out in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract;
e. the conditions for terminating the contract if the contract has a duration of more than one year or is for an indefinite period.
6. If the entrepreneur has undertaken to supply a series of products or services, the provision of the previous paragraph applies only for the first delivery.
Article 6 – Right of withdrawal upon delivery of products
1. When purchasing products, the consumer has the option of dissolving the contract without cause during the 15 days of concluding the contract. This period begins the day after receipt of the product by the consumer or on his behalf.
2. During this period, the consumer will handle the product and the packaging with care. He will not open or damage the packaging of the product. If he makes use of his right of withdrawal, he will return the product and all accessories delivered with it in the original condition and packaging to the entrepreneur, in accordance with clear and correct instructions provided by the contractor.
Download the withdrawal form
Article 7 – Costs in the event of withdrawal
1. If the consumer makes use of his right of withdrawal, at most the return costs are at his expense.
2. If the consumer has paid an amount, the entrepreneur will reimburse this amount as soon as possible, at the latest within 30 days of the return or revocation.
Article 8 – Exclusion of the right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur clearly stated this in the offer, at least in time before the conclusion of the contract. .
2. The only products that can be excluded from the right of withdrawal are the following:
at. those which have been made by the entrepreneur according to the consumer’s specifications;
b. those that are clearly personal in nature;
vs. those who cannot be dismissed by their nature;
d. those that can decompose or age quickly;
e. those whose price is linked to fluctuations in the financial market over which the entrepreneur has no influence;
f. bulk newspapers and magazines;
g. audio and video recordings and computer software that the consumer has unsealed.
3. Only the following services can be excluded from the right of withdrawal:
at. accommodation, transport, catering or leisure services to be provided on a specified date or during a specified period;
b. services the delivery of which has started with the express authorization of the consumer before the expiry of the cooling-off period;
vs. relating to betting and lotteries.
Article 9 – The price
1. During the period of validity mentioned in the offer, the prices of the products and / or services offered are not increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the preceding paragraph, the entrepreneur may offer products or services at variable prices, the prices of which are linked to fluctuations on the financial market and over which the entrepreneur has no influence. This link with fluctuations and the fact that any prices mentioned are indicative prices are stipulated in the offer.
3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
at. only if they result from legal regulations or provisions; or
b. if the consumer has the power to terminate the contract on the day the price increase takes effect.
5. The prices stipulated in the offer of products and services are inclusive of VAT unless expressly stipulated excluding VAT.
Article 10 – Conformity and guarantee
1. The entrepreneur guarantees that the products and / or services meet the contract, the specifications mentioned in the offer, the reasonable requirements of good quality and / or efficiency and the legal provisions and / or regulations of the public authorities existing in the date of completion of the contract.
2. A regulation offered by the entrepreneur, manufacturer or importer as a guarantee does not detract from the rights and claims that the consumer can assert under the law and / or the distance contract in the event of breach. by the entrepreneur to his obligations.
3. You also benefit from the legal guarantee against hidden defects on the delivered products. Any complaint for hidden defects which are not due to force majeure, faulty intervention on your part or third parties or which are due to normal wear and tear, must be communicated to our Customer Service by e-mail at the latest. within 2 months of the discovery of the hidden defect. In the absence of such communication within 2 months of the discovery of the hidden defect, you lose your right to lodge a complaint for latent defects. Our Customer Service will tell you how to return the products to us. In any case, the possible return of the products will only take place after our prior written confirmation.
4. In the event that a delivered product does not correspond to your order and provided that the procedure referred to in Article 10.1 has been followed, we undertake to replace the product. In the event that replacement is impossible or disproportionate, we would like to reimburse you for all payments received, including, where applicable, delivery costs. If a voucher was used as part of your order, the net amount (i.e. the purchase price minus the voucher amount) will be refunded to you. At your express request to our Customer Service, a new voucher will be sent to you which you can use for a future purchase.
Article 11 – Delivery and execution
1. The entrepreneur will pay the greatest possible attention when receiving and executing orders for products and when assessing requests for the provision of services.
2. The address given by the consumer to the company will be considered as the place of delivery.
3. Taking into account what is mentioned on this subject in article 4 of these general conditions, the company will execute the accepted orders promptly, at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed or if an order cannot be or only partially fulfilled, the consumer will receive notification of this no later than one month after placing the order. In this case, the consumer has the right to dissolve the contract free of charge and the right to possible compensation.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will reimburse as quickly as possible but at the latest within 30 days of dissolution the amount paid by the consumer.
5. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. At the latest on delivery, it will be clearly and understandably stipulated that a replacement article is delivered. In the case of replacement items, the right of withdrawal cannot be excluded. Return costs are the responsibility of the entrepreneur.
6. The risk of damage and / or loss of products rests, until the moment of delivery to the consumer, with the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration of transactions
1. The consumer may terminate a contract which has been concluded for an indefinite period at any time, taking into account the termination rules agreed for this purpose and a notice period of maximum one month.
2. A contract which is concluded for a fixed period shall run for a maximum of two years. If it is agreed that in the event of consumer silence, the distance contract is extended, the contract will be continued as a contract of indefinite duration and the termination period will be a maximum of one month, from the continuation of the contract.
Article 13 – Payment
1. Unless no later date has been agreed, the amounts owed by the consumer will be settled within fourteen days of delivery of the goods or in the event of a contract for the provision of a service, within 14 days. the issuance of documents relating to this contract.
2. When the advance payment is stipulated, the consumer cannot assert any right concerning the execution of the order or of the service (s) in question before the stipulated advance payment has taken place.
3. The consumer has a duty to report any inaccuracies in the payment details provided or mentioned to the entrepreneur without further delay.
4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously notified to the consumer.
Article 14 – Settlement of complaints
1. The entrepreneur has a sufficiently communicated complaints procedure and deals with the complaint according to this procedure.
2. Complaints about the performance of the contract must be lodged with the entrepreneur promptly, clearly and completely after the consumer has noticed the shortcomings.
3. Complaints lodged with the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing period, the entrepreneur responds with an acknowledgment of receipt within 14 days and indicates when the consumer can expect a more detailed response.
Article 15 – Processing of complaints and disputes
1. Of course, we always hope to fully satisfy our customers. However, if you have any complaints about our products or services, do not hesitate to contact us using the contact form on our website. We will do our best to process your complaint within 14 days.
2. All the contracts that we conclude with our customers are, regardless of their place of residence, exclusively governed by Belgian law and only the Belgian courts having jurisdiction are competent to hear any disputes. If another law were applicable for reasons of international law, reference would first and foremost, for the interpretation of these general conditions, be to Belgian legislation on market practices and consumer protection.
3. Disputes between the consumer and the entrepreneur concerning the establishment or performance of contracts relating to products and services to be delivered or delivered by this entrepreneur, taking into account the following provisions, may be presented both by the consumer only by the entrepreneur to BeCommerce.
4. A dispute will only be dealt with by the Disputes Committee if the consumer has submitted his complaint within a reasonable time to the entrepreneur.
5. The entrepreneur is bound by this choice of the consumer to present a dispute to BeCommerce.
6. If the entrepreneur requests his intervention, the consumer must express himself in writing within five weeks of a written request from the entrepreneur to indicate whether he wishes to do the same or whether he wishes to have the dispute dealt with by the competent judge. If the entrepreneur is not informed of the consumer’s choice within five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
7. BeCommerce decides according to the conditions set out in the Internal Regulations. The decisions of the Disputes Committee are taken in the form of a binding opinion.
8. The Disputes Committee will not deal with a dispute or stop its processing if a deferral of payment has been granted to the entrepreneur, if the latter is in bankruptcy or if he has effectively terminated his contracts. professional activities, before a dispute has been dealt with at a commission hearing and a final judgment has been rendered.
9. As a customer you can also file a complaint via the “Online Dispute Resolution” platform of the European Commission.
Article 16 – Confidentiality is an extremely serious subject in our eyes
Article 17 – Marketing communication – Consent
You will receive exceptional information from us and our trusted partners via email, text, post and other communication methods – depending on your preferences.
You can opt out of receiving these marketing communications at any time and withdraw your consent in the “My Account” section, or directly in the communications you receive. This waiver will not affect other services offered under this program.
Article 18 – Additional or derogating provisions
1. Additional or derogatory provisions to these general conditions cannot be to the detriment of the consumer and must be fixed in writing or else in such a way that they can be stored by the consumer in an accessible manner on a medium. sustainable data.