Article 1: Preamble
The General Terms and Conditions of Sale herein are agreed upon, on the one hand, by the company SYGIBEL SA, the head office of which is located at 67 rue de l’Abbaye, 1050 Brussels, Belgium, registered at the Crossroads Bank for Enterprises (CBE) under the number 0838.660.020 and referred to hereinafter as the “Vendor” and, on the other hand, by any natural or legal entity wishing to make a purchase via the Vendor’s website (http://www.delbove-cosmetics.com), hereinafter referred to as the “Buyer”.
Article 2: Purpose
The Terms and Conditions of Sale herein are intended to define the contractual relationship between the Vendor and the Buyer, as well as the conditions that apply to any purchase carried out via the Vendor’s website, whether the Buyer be a professional or an individual consumer.
Article 3: Nature of the goods and services proposed.
The goods and services offered are those that feature in the catalogue published on the Vendor’s website. Each product is accompanied by a description provided by the supplier. The photographs in the catalogue are as true as possible to the product offered, but an identical likeness cannot be guaranteed. These goods and services are offered within the limit of available stock. If, despite all efforts, all or part of the items are unavailable, the Vendor informs the Buyer by e-mail at the earliest possible time and offers them the possibility to choose between waiting or cancelling, with no extra charge, the order of the unavailable items. Available items will be delivered normally.
Article 4: Prices
The online sale of goods and services presented on the Vendor’s website is reserved for Buyers living in Belgium, Luxembourg, the Netherlands or the United Kingdom and for deliveries required in these geographical zones.
Article 5: Orders
The Buyer who wishes to purchase goods or services must:
• complete the identification form upon which they will indicate all the details requested or give their customer number should they have one;
• complete the online order form by giving all the references for goods or services selected;
• confirm their order after having checked it;
• proceed with payment under the terms set-out;
• confirm their order and its payment.
Article 6: Payment conditions
Payment may be carried out by bank card, Visa, MasterCard or by bank transfer. The items ordered remain our exclusive property until full settlement of the order by the Buyer.
Article 7: Deliveries
Deliveries are carried out to the address indicated on the order slip which can only be in the agreed geographical zone. Free delivery rate for orders above 150€ apply for certain country. Standard delivery rate will be applied to other geographical zones. Merchandise is shipped at the Vendor’s risk until delivery of the goods to the address given by the Buyer. From this moment onwards, the Buyer is solely responsible for all risks.
The delivery costs depend upon the delivery method chosen by the Customer and are calculated for the totality of the order. They shall be indicated to the Customer at the end of their order before confirmation of the latter by the Customer.
Article 8: Warranty - Exchange of goods
With regards to the Buyer, the Vendor guarantees the products sold and the services provided in accordance with the law of 1st September 2004 relative to the protection of consumers in the event of sales of consumer goods (articles 1649bis thru 1649nonies of the Belgian Civil Code).
- If the Goods are defective, damaged, soiled, unfit for their use, lost in transit or do not correspond to the order, you will be able to claim a refund or replacement free of charge (including costs of re-delivery) from us.
- If you wish to receive another good instead, you are able to exchange the Good delivered.
When you buy goods from our website you benefit from a legal warranty. This warranty covers defects in conformity during 2 years from the delivery of the goods. In the event of non-conformity of a product sold, observed within 2 years from the delivery of the goods, the Buyer has to inform the Vendor within 2 months upon the day the defect is noticed. It is suggested to inform the vendor about the specificities at the earliest possible time by registered letter or by e-mail to the addresses mentioned in the beginning of the conditions of sales.
The bill or the delivery slip constitute the warranty and is suggested to be kept by the Buyer as well as the original products.
Article 9: Withdrawal Rights
The consumer has a right of withdrawal for products purchased on the website except for sealed goods that cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer.
The consumer has a period of 14 days from the day after the reception of the goods to notify the company of his intention to withdraw. The consumer has a new period of 14 days starting on the day after he informs the company of his decision to withdraw to return the goods.
In case of withdrawal right, the buyer can either make an unambiguous statement (by telephone, e-mail, letter, etc) or use the withdrawal form https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf. However, it is recommended that the buyer communicates his intention to withdraw to the vendor by registered e-mail or by registered letter at the relevant addresses mentioned at the beginning of the conditions.
It is recommended to return the goods undamaged, in their original packaging, together with any accessories as well as the original invoice/delivery note. In the event of returning goods that are no longer in their original condition, the consumer will be liable to pay compensation for depreciation of the goods.
We will make the refund using the same payment method as the original transaction, unless the consumer expressly agrees to another means of payment and provided that the refund does not incur costs for the consumer.
In case of withdrawal, the company will refund all payments received from the consumer, including the initial delivery costs. However, the consumer will have to bear the costs of returning the goods.
The company has a period of 14 days from the day after it is informed of the consumer's decision to withdraw to proceed to the refund. However, the company may defer the refund until the goods have been recovered or the consumer has provided proof of dispatch of the goods, whichever is the earlier.
Article 10: Liability
The Vendor, in the online sale process, is only liable for an obligation of means; Their liability shall not be incurred for damage resulting from the use of the Internet, such as the loss of data, intrusion, virus, and disruption of service or other involuntary problems.
The data collected on the website is indeed given in good faith. Links proposed to manufacturers and/or partner’s websites are given on an informative basis. The Vendor shall not be held responsible for information provided by these websites.
Article 11: Intellectual property
All elements of the Vendor’s website remain the exclusive intellectual property of the Vendor. No-one is authorized to copy, exploit, redistribute or use in any way whatsoever, even partially, the elements of the website whether software, visual or audio. Any link, simple or hypertext, is strictly forbidden without the express prior written consent of the Vendor.
Article 12: Personal data
All personal data required for the handling of an order is stored by the Vendor or their staff members and may be conveyed to the businesses with which the Vendor – or its suppliers – collaborate, in the event that the communication of these details be necessary for the handling of the order.
The user hereby authorises the Vendor to use this data to establish statistics in order to improve its website, its goods and the services it offers. Among other things, this information may be used in order to enable the distribution, by all means of communication, of information relative to the commercial activities of the Vendor to its customer base.
Finally, the Vendor stores this personal data in order to facilitate further orders. In addition, the Vendor undertakes not to divulge the information at its disposal to another company or business. The data kept by the Vendor can be requested and corrected at any time upon simple request.
Article 13: Proof
The parties accept, within the framework of their relationship, the means of electronic proof (for example: e-mail, computer backups etc.)
Article 14: Settlement of disputes
The Terms and Conditions of online Sale herein are subject to Belgian law.
In the event of a dispute, the tribunal courts of the Vendor’s head office are competent, except for provisions of binding public policy.