The BEAUTICAL website, accessible at the URL address www.beautical.com (hereinafter the “Site”) is owned and managed by: SERENDY SRL, Avenue Louise 367, 1050 Brussels, Belgium, Company number (BCE / VAT): 0713570206, email: [email protected], tel: +32 2 315 56 90, hereinafter the “Seller”)
These general conditions of use (hereinafter the “GCU”) apply to any visit or use of the Site and its information by a user (hereinafter “User”).
By visiting or using the Site, the User acknowledges having read these GCU and expressly accepts the rights and obligations mentioned therein.
Exceptionally, the terms of the GCU may be waived by written agreement. These derogations can consist in the modification, the addition or the deletion of the clauses to which they relate and have no incidence on the application of the other provisions of the GCU.
We reserve the right to modify the GCU at any time, without prior notification, but we undertake to apply the provisions which were in force when you used our Site.
The Seller takes all reasonable and necessary measures to ensure the proper functioning, security and accessibility of the Site. However, the Seller cannot offer any guarantee of absolute operability and its actions must therefore be considered as being covered by an obligation of means.
Any use of the Site is always at the User’s own risk. All use of the Site is always at the User’s own risk. Thus, the Seller is not responsible for damages that may result from possible malfunctions, interruptions, defects or harmful elements present on the Site.
The Seller reserves the right to restrict access to the Site or to interrupt its operation at any time, without prior notification obligation.
The Seller largely determines the content of the Site and takes great care of the information on it. The Vendor takes all possible measures to keep the Site as complete, precise and up to date as possible, even when the information on it is provided by third parties. The Seller reserves the right to modify, supplement or delete the Site and its content at any time, without liability being incurred.
The Seller cannot offer an absolute guarantee concerning the quality of the information present on the Site. It is therefore possible that this information is not always complete, exact, sufficiently precise or up to date. Consequently, the Seller cannot be held liable for damages, direct or indirect, that the User would suffer from by the information present on the Site.
If certain content on the Site is in violation of the law or the rights of third parties, or is contrary to morality, we ask you to inform us as soon as possible by email so that we can take appropriate measures.
Any download from the Site always takes place at the risk of the User. The Seller cannot be held liable for any damage, direct or indirect, arising from these downloads, such as loss of data or damage to the User’s computer system, which is entirely and exclusively the responsibility of the User.
Access to certain services is subject to the registration of the User.
Registration and access to the Site’s services are reserved exclusively for legally capable natural persons, who have completed and validated the registration form available online on the Site as well as these GCU.
When registering, the User undertakes to provide accurate, sincere and up-to-date information on his person and his marital status. The User must also carry out a regular verification of the data concerning him in order to maintain its accuracy.
The User must imperatively provide a valid e-mail address, on which the Site will send him a confirmation of his registration for his services. An email address cannot be used more than once to register for services.
Any communication made by the Site and its partners is therefore deemed to have been received and read by the User. The latter therefore undertakes to regularly consult the messages received on this e-mail address and, if necessary, to reply within a reasonable time.
Only one registration is allowed per natural person.
The User is assigned an identifier allowing him to access a space to which access is reserved for him (hereinafter “Personal Space”), in addition to entering his password.
The User’s name and password can be changed online by the User in his Personal Space. The password is personal and confidential, the User thus undertakes not to communicate it to third parties.
The Seller reserves in any event the possibility of refusing a request for registration to the services of the Site in the event of non-compliance by the User of the GCU.
The regularly registered User may at any time request his unsubscription by going to the dedicated page in his Personal Space. Any unsubscription from the Site will be effective within 14 (fourteen) days after the User has completed the form provided for this purpose.
The Site may contain links or hyperlinks to external websites. Such links do not automatically mean that there is a relationship between the Seller and the external website or even that an implicit agreement exists with the content of these external sites.
The Seller has no control over external websites. We are therefore not responsible for the safe and correct functioning of hyperlinks and their final destination. From the moment the User clicks on the hyperlink, he leaves the Site. We cannot therefore be held liable in the event of subsequent damage.
The structure of the Site, but also the texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. which make it up or which are accessible via the Site are the property of the publisher and are protected as such by the laws in force under intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the contents, registered trademarks and services offered by the Site, by any process whatsoever, without the express prior written authorization of the publisher, is strictly prohibited, at the except the elements expressly designated as free of rights on the Site.
The Site User is granted a limited right of access, use and display of the Site and its content. This right is granted on a non-exclusive, non-transferable basis and can only be used for personal, non-commercial use. Without prior written agreement, Users are not authorized to modify, reproduce, translate, distribute, sell, communicate to the public, in whole or in part, the protected elements.
The User is prohibited from entering data on the Site that would modify or that could modify its content or appearance.
The personal data provided by the User during his visit or use of the Site are collected and processed by the Seller exclusively for internal purposes. The Seller assures its users that it attaches the utmost importance to the protection of their privacy and personal data, and that it always undertakes to communicate in a clear and transparent manner on this point.
The Seller undertakes to comply with the legislation applicable in this area, namely the Law of July 30th 2018 on the protection of privacy with regard to the processing of personal data as well as the European Regulation of April 27th 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
The User’s personal data is processed in accordance with the ‘Privacy Policy’ available on the Site.
These Terms are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district where the Seller has its registered office.
The Seller reserves the right to modify, extend, delete, limit or interrupt the Site and the associated services at any time, without prior notification, and without incurring liability.
In case of violation of the GCU by the User, The Seller reserves the right to take appropriate sanction and repair measures. The Seller notably reserves the right to refuse the User any access to the Site or its services temporarily or definitively. These measures can be taken without giving any reason and without notice. They cannot engage the responsibility of the Seller or give rise to any form of compensation.
The illegality or the total or partial nullity of a provision of these GCU will have no impact on the validity and application of the other provisions. The Seller has, in such a case, the right to replace the provision by another valid provision of similar scope.
These general conditions of sale (hereinafter the “GCS”) define the reciprocal rights and obligations in the event of the purchase of products or services on the Site by a User (hereinafter “Customer”).
The GCS express all the obligations of the parties. The Customer is deemed to accept them without reservation, failing which his order will not be validated.
Exceptions may exceptionally be made to the provisions of the GCS insofar as these exceptions have been the subject of a written agreement. These derogations may consist of the modification, addition or deletion of the clauses to which they relate and have no effect on the application of the other provisions of the GCS.
The Seller reserves the right to modify the GCS from time to time. The modifications will be applicable as soon as they are put online for any purchase after this date.
Through the Site, the Seller provides the Customer with an online store presenting the products or services sold, without the photographs having a contractual value.
The products or services are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the responsibility of the Seller cannot be engaged as a result.
The products and services are offered within the limit of their availability.
Prices and taxes are specified in the online store.
The Seller reserves the right to modify its prices at any time by publishing them online.
Only the prices indicated and the taxes in force at the time of the order will apply, subject to availability on this date.
The prices are indicated in euros and do not take into account any delivery costs, which are indicated and invoiced in addition before the validation of the order by the Customer.
The total amount of the order (all taxes included and, if applicable, delivery costs) is indicated before final validation of the order form.
The Customer has the possibility to fill in an online order form, using an electronic form. By filling in the electronic form, the Customer accepts the price and description of the products or services.
For his order to be validated, the Customer must accept these GCS by clicking on the place indicated.
The Customer must provide an email address, billing details and, where applicable, a valid delivery address. Any exchange with the Seller may take place using this email address.
In addition, the Customer must choose the delivery method and validate the method of payment.
The Seller reserves the right to block the Customer’s order in the event of default of payment, incorrect address or any other problem on the Customer’s account, until resolution of the problem.
The Seller remains the owner of the items ordered until receipt of full payment for the order.
The Customer makes the payment at the time of the final validation of the order using the chosen payment method. This validation serves as a signature.
The Customer guarantees to the Seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given for this purpose constitutes proof of his consent to the sale as well as the payment of the sums due under the order.
The Seller has set up a procedure for verifying orders and means of payment intended to reasonably guarantee it against any fraudulent use of a means of payment, including by asking the Customer for identification data.
In the event of refusal to authorize credit card payment from accredited bodies or in the event of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.
The Seller also reserves the right to refuse an order from a Customer who has not fully or partially settled a previous order or with whom a payment dispute is in progress.
Upon receipt of the validation of the purchase accompanied by payment, the Seller sends a confirmation to the Customer, as well as a shipping note.
The communications, orders and payments made between the Customer and the Seller can be proven using computerized registers, stored in the Seller’s computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
Delivery is only made after confirmation of payment by the Seller’s banking organization.
The products are delivered to the address indicated by the Customer on the online form worth order form. Additional costs arising from incomplete or incorrect information by the Customer will be invoiced to him. For reasons of availability, an order may be the subject of several successive deliveries to the Customer.
Delivery takes place, according to the method chosen by the Customer, within the following deadlines:
See ‘Delivery and return Policy’
Delivery times are indicative. No compensation may be claimed from the Seller or the carrier in the event of late delivery. If the delivery times exceed thirty days from the order, the sales contract may however be terminated and the Customer reimbursed.
Upon receipt of the products, the Customer or the recipient checks the good condition of the product delivered or the conformity of the service provided.
In the event that one or more of the products ordered are damaged, the Customer must immediately inform the Customer Service.
In the event of a delivery error or non-conformity of the products in relation to the indications appearing on the order form, the Customer shall inform the Seller within 3 (three) working days of the delivery date.
Any complaint not made within the time limit will not be taken into account and will release the Seller from any responsibility towards the Customer.
The product to be reimbursed must be returned to the Seller in its entirety and in its original packaging, together with a copy of the shipping note. The return must be made within 14 (fourteen) days after receipt of the order.
Any complaint and any return not made according with rules defined above and within the time limits could not be taken into account and will release the Seller from any responsibility towards the Customer.
Any product to be reimbursed must be returned to the Seller as a whole and in its original packaging. Return costs are the responsibility of the Customer.
The Seller 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 prescriptions of the public authorities existing on the date of the completion of the contract.
The Customer also benefits from the legal guarantee against hidden defects on the products delivered. Any complaint for hidden defects which are not due to force majeure, faulty intervention on the part of the Customer or third parties or which are due to normal wear and tear must be reported to the Seller as soon as possible and, in all state of affairs, at the latest 60 (sixty) days after the discovery thereof.
In the absence of such communication within 60 (sixty) days of the discovery of the hidden defect, the Customer loses his right to file a complaint for hidden defects.
If the Customer is a consumer, he may exercise his legal right of withdrawal within 14 (fourteen) working days of receipt of the product by the Customer or on his behalf.
To notify the return of an item, the Customer must send an email at [email protected], with the following information:
Product Name:…………………………………………………………………………………………….
Ordered on:…………………………………………………………………………………………………..
Consumer’s name:……………………………………………………………………………….……..
Consumer’s address:…………………………………………………………………………………..
After communicating his decision to withdraw, the Customer then has 14 (fourteen) days to return or return the goods.
Any withdrawal not made according to the rules and deadlines defined by this article cannot be taken into account and will release the Seller from all responsibility towards the Customer.
The Customer may request a refund of the returned product, without penalty, except for the return costs which remain at his expense.
The return or exchange of the product can only be accepted for entire products, intact and in their original condition, in complete packaging, intact and in sale condition.
The Seller shall reimburse the Customer for all the sums paid, including the delivery costs, within 14 (fourteen) days of the recovery of the goods or the transmission of proof of the shipment of these goods.
The Seller will keep in his computer systems and under reasonable security conditions a proof of the transaction including the order form and the invoice.
The Seller guarantees his Customer the protection of his personal data in accordance with the ‘Privacy Policy’ available on the Site.
If the Seller is prevented, in whole or in part, from fulfilling the order due to an unforeseen circumstance beyond his control, then force majeure is involved.
In the event of force majeure, the Seller is authorized to suspend the execution of the order, in whole or in part, for the duration of the force majeure. The Seller immediately notifies the Customer.
If the force majeure continues for more than 90 (ninety) days without interruption, each of the parties to the contract will have the right to terminate the contract unilaterally, by registered letter sent to the other party. The services already performed by the Seller will nevertheless be invoiced in proportion to the Customer.
The illegality or the total or partial nullity of a provision of these GCS will have no impact on the validity and the application of the other provisions. The Seller reserves the right to replace the illegal or void provision with another valid provision of similar scope.
These GCS are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district of the Seller’s registered office.
