conditions of sales document
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.
The acquisition of goods or services via the aforementioned website implies the Buyer’s unreserved acceptance of the terms and conditions herein. These terms and conditions take precedence over all other general or specific terms that are not expressly agreed by the Vendor.
The Vendor reserves the right to alter these conditions of sale at any time. In this event, the applicable conditions shall be those in effect at the time of order by the Buyer.
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.
The confirmation of the order implies the acceptance of the terms and conditions of sale herein, acknowledgement of having read and understood said terms and the waiver of their own or any other terms and conditions of sale. The data provided along with the recorded confirmation indicate proof of the transaction. Confirmation implies signature and acceptance of the operations carried out. The Vendor will send confirmation of the recorded order by e-mail.
Article 6: Right of refusal
In accordance with the law, the Buyer has the right to inform the Vendor that they are cancelling their purchase, without penalty or explanation, within 14 working-days from the day following the day of delivery of the goods or the end of the service contract. This right of refusal is not available to professional buyers. Within this period, the Buyer must communicate their intention to cancel by e-mail and return, at their own expense and risk, the goods delivered to the administrative head office of SYGIBEL SA: 67 rue de l’Abbaye, 1050 Brussels, Belgium. The goods must be returned undamaged and in their original packaging, along with any accessories and the instruction manual as well as the original bill/delivery slip. The goods returned must not have been unpacked, unwrapped or used in any way whatsoever. Incomplete merchandise, spoiled, damaged or soiled by the customer will not be accepted. Within 30 days following acceptance of the returned merchandise, the Vendor undertakes to refund any payment, excluding the cost of shipment.
Article 7: 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 8: 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 100€ apply to the Euro Zone. 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. Delivery times are given on an indicative basis; should they exceed thirty days from the date of order, the sales contract may be cancelled and the Buyer refunded.
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 9: Warranty
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 1649a thru 1649g of the French Civil Code). In the event of non-conformity of a product sold, observed within 2 months from the delivery of the goods, the Buyer must inform the Vendor of the specificities at the earliest possible time by registered letter or by e-mail. This warranty only covers defects in conformity existing at the time of delivery of the goods.
The bill or the delivery slip constitute the warranty and must be kept by the Buyer as well as the original products.
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 authorised 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.