1. Subject to written provisions to the contrary, all offers and agreements, including future agreements, are governed by these general terms and conditions which constitute an integral part to this agreement and by operation of law have precedence over the customer's terms and conductions of purchase and payment. Any deviation of these general terms and conditions can only be invoked against us if we consented to this in advance, explicitly and in writing.
2. All quotes or proposals are without engagement and without any obligation on our part. Any order made by the customer via the website and/or electronic order shall always be confirmed by us in writing within the shortest possible term. The agreement is only reached after we have confirmed the placed order in writing via e-mail.
3. The prices of the goods that can be ordered via the website are always inclusive of VAT. As long as no agreement has been reached, we reserve the right to change the prices of the goods. If the customer opts for delivery of the purchased goods at a location he specified, the costs for this delivery are charged in accordance with the provisions of the order. If the customer opts for collection at the shop, no extra costs are charged.
4. The customer – consumer has a period of seven working days after delivery of the goods within which he can cancel the agreement. If the customer – consumer wants to use the right of withdrawal he must notify us of this within the aforementioned term and without delay do everything necessary to return the goods to us undamaged and unused. The customer - consumer shall bear the costs for returning the goods. If the customer unilaterally decides to terminate the agreement after the term of seven working days, he shall owe fixed damages to the amount of 25% on the selling price.
5. Unless otherwise agreed, the customer is obliged to pay the price and any additional costs within 8 days after delivery. In the event of partial payment or non-payment on the due date, the unpaid invoices and/or amounts shall, by operation of law and without prior notice of default, give rise to the payment of interest based on the Belgian legal interest rate increased by 2%. The outstanding balance, after sending a notice of default without effect, shall be increased by 12%.
6. We undertake to make the deliveries as soon as possible, and in any case within thirty days starting from the day following the day on which the customer sent us his order. If delivery is not possible within the term of thirty days, we shall notify the customer of this at the latest thirty days after he placed the order. Barring force majeure, e.g. in case of late delivery by our supplier or any other reason beyond our control, the customer is entitled to terminate the agreement without costs.
7. Barring a written agreement to the contrary, the goods are always delivered by us to the customer Ex Works (or EXW). They are transported at the customer's risk and danger, even when it has been agreed we are responsible for the transport. Immediately after delivery, the customer is obliged to check the good condition of the goods as well as the number of delivered pieces.
8. The goods delivered by us to the customer remain our property until payment of all owed amounts, including interest and costs. As long as the goods have not been fully paid, the customer is prohibited to process, use or sell them.
9. The provisions relating to sales to consumers as included in the Belgian Civil Code (1649bis of the Belgian Civil Code to 1649octies of the Belgian Civil Code) apply. If the customer thinks the delivered goods do not comply with the agreement he shall notify us of this within a term of two months after the lack of conformity was determined.
10. The customer shall take into account that the goods are cosmetic products which have of course been composed with the greatest care, but that this does not exclude the risk of an allergic reaction, which of course depends from person to person. The customer therefore undertakes to meticulously read the specifications and characteristics, as included on our website and/or the catalogue, and based on this decide whether the goods are suitable for him/her. Under no circumstance can we be held liable for possible consequential damages in case of an allergic reaction if the customer could have assessed the consequences of using the goods and in no way possible is a wrong composition therefore possible.
11. In case of an external cause (art. 1147 of the Belgian civil code), even when this does not result in a permanent and/or absolute impossibility of execution, we are entitled, by operation of law, to suspend or unilaterally cancel our obligations after notifying the customer. Subsequently, we can, under no circumstance, be obliged to pay damages. The following are conventionally considered as “external cause": war, even between other (third) countries, strike or lockout, political or social or economic unrest, exceptional scarcity of raw materials and/or merchandise, weather conditions, fire, natural and/or other disasters, government decisions that affect the execution of the obligations, both when this external cause occurs at us and our suppliers.
12. If it becomes apparent that one or several provisions cannot be wholly or partly invoked against the customer, the other provisions of the agreement remain in full force.
13. In case of a dispute the courts of the judicial district of Kortrijk have exclusive jurisdiction ratione loci, unless we explicitly deviate from this. Customers, even foreign customers, can only summon us before the courts of our registered office. Any issue of bills of exchange does not imply novation and therefore does not imply any change of the jurisdiction nor of any other provision of these general terms and conditions .These general terms and conditions are subject to Belgian law.