Terms and Conditions
Article 1. Applicability
1.1. 'BoTh Cosmetics' is the commercial name for the online webshop of BOEYKENS Patricia with Belgian registration number BE0734363541 (hereinafter referred to as: BoTh Cosmetics)
These general conditions (hereinafter referred to as: conditions) apply to all offers, orders and contracts of BoTh Cosmetics
1.2. Accepting an offer or placing an order means that you accept the applicability of these Terms and Conditions.
1.3. The provisions of these terms and conditions may be deferred only after notification or approval of BoTh Cosmetics, in which case the other provisions will remain in full force.
1.4. All rights and claims as set forth in these Terms and Conditions and any other agreement in favor of BoTh Cosmetics are also stipulated for the intermediaries and other third parties engaged by BoTh Cosmetics.
1.5 The Distance Selling Act only applies to purchases made through the BoTh Cosmetics Shop online store.
Article 2. Offers / agreements
2.1. All offers are non-binding and BoTh Cosmetics expressly reserves the right to change prices, especially where necessary on the basis of (legal) regulations.
2.2. An agreement is only reached after the acceptance of your order by BoTh Cosmetics. This will be done via a confirmation email sent by BoTh Cosmetics. BoTh Cosmetics has the right to refuse orders or set certain conditions upon delivery, unless otherwise specified. If an order is not accepted, BoTh Cosmetics will inform you as soon as possible.
2.3. BoTh Cosmetics offers do not automatically apply to repeat orders.
Article 3. Prices and payments
3.1. Prices quoted for the products and services offered are in euros, VAT included, unless otherwise indicated or agreed.
3.2. The payment in the online store can be made via PayPal, credit card (visa), iDeal or Bancontact. The order will be sent after receipt of payment.
3.3.Payment charges will be passed on to you unless it is explicitly stated that these services are offered free of charge.
3.4. The contract will be automatically terminated if the total amount has not been credited to the aforementioned bank account within 7 days.
3.5. Packaging and shipping costs are charged to you, unless it is explicitly stated that these services are free of charge.
3.6. There is no minimum order amount.
Article 4. Delivery
4.1. Shipping of products is always at the risk of the buyer. BoTh Cosmetics is not responsible for defects or damage resulting from transportation.
4.2. The shipping of the ordered products is always done as quickly as possible and almost always takes place within 3 working days of receipt of payment (excluding holidays).
4.3. The delivery time indicated by BoTh Cosmetics is only indicative. Exceeding the delivery time due to unforeseen circumstances does not give any right to refund the customer.
4.4. If the ordered goods are not in stock, the delivery time can be deflected, this will be reported to the customer as soon as possible.
4.5 If, for some reason, BoTh Cosmetics is not able to deliver a product, it will refund immediately at any time the prepaid amount of the relevant item to the customer.
4.6. BoTh Cosmetics has the right to send the goods to be delivered in several parts. BoTh Cosmetics will not charge the additional costs of the subsequent delivery, unless the parts are sent at the request of the customer.
4.7 Orders are only accepted for deliveries to Belgium, the Netherlands, France, Germany, Austria, Luxembourg.
Article 5. Exchange and responsibility
5.1. The customer is required to check on delivery if the products are in accordance with the agreement. If this is not the case, the customer must inform BoTh Cosmetics as soon as possible and in any event within two days of delivery, or at least after the observation has been reasonably possible.
5.2. If it has been shown that the products do not comply with the agreement, BoTh Cosmetics has the option to let return the products in question and replace them with new products or refund the invoice value of the products to your account after receipt of the product.
5.3. If the products delivered to you do not meet the expectations, you may return them to the return address of BoTh Cosmetics within 14 days of receipt of the products. This is possible without giving any reason, but you must inform us in writing or by e-mail within 14 days of receipt of the goods. Return costs are at the expense of the customer.
BoTh Cosmetics by Patricia Boeykens
9451 KERKSKEN, BELGIUM
You may use the below modelform, fill in all necessary fields and send this back to the above adress or to email@example.com.
5.4 Returned items will only be refunded if they return unused and in the original packaging . The amount of the purchase of the returned products will be refunded (in the 7 days following its reception to the beauty salon Patricia) on the account from which it comes.
5.5 If the goods have been used, encumbered or damaged in any manner whatsoever, the right of dissolution provided for in Article 5.3 shall lapse.
Article 6. Retention of title
6.1. Ownership of the products supplied will only be transferred if the customer has paid all he owes BoTh Cosmetics on the basis of any contract. Product risk is transferred to the customer at the time of delivery.
Article 7. Intellectual and Industrial Property Rights
7.1. The customer must fully and unconditionally respect all intellectual and industrial property rights based on the products delivered by BoTh Cosmetics.
Article 8. Orders / communication
8.1. In the event of misunderstanding, mutilation, delay or poor agreement between the order data and the communications resulting from the use of the Internet or any other means of communication in the traffic between the customer and BoTh Cosmetics or between BoTh Cosmetics and third parties, to the extent that it relates to the relationship. between the client and BoTh Cosmetics, BoTh Cosmetics is not responsible except in case of willful misconduct or gross negligence on the part of BoTh Cosmetics.
Article 9. Personal data
9.1. BoTh Cosmetics complies with GDPR regulations. The information provided is saved to a file. BoTh Cosmetics respects the privacy of all users of her site and guarantees that personal information is always treated confidentially. This data will be used to process orders as quickly and easily as possible. Personal data will never be made available to third parties who are not affiliated with BoTh Cosmetics.
Article 10. Force majeure
10.1. Without prejudice to the other rights to which he is entitled, BoTh Cosmetics has the right, at his option, to suspend the execution of your order or to terminate the contract without judicial intervention by informing you in writing. BoTh Cosmetics is not required to pay any compensation unless it is unacceptable in the given circumstances, in light of the standards of reasonableness and fairness.
10.2 Force majeure means any defect that can not be attributed to BoTh Cosmetics, as it is not attributable to its fault or to its account under the law, legal act or generally accepted opinions .
Article 11. Miscellaneous
11.1. If you provide an address to BoTh Cosmetics, the latter is entitled to send all orders to that address, unless you provide a written address to BoTh Cosmetics from another address to which your orders must be sent. .
11.2 If, for a short or long period of time, BoTh Cosmetics permits exceptions to these Terms and Conditions, whether by implication or not, this will not affect the right to demand immediate and strict compliance with these Terms and Conditions. You can never claim any rights based on the fact that BoTh Cosmetics applies these conditions in a harmonious way.
11.3. If one or more of the provisions of these terms and conditions or any other agreement with BoTh Cosmetics were to conflict with any applicable legal provision, the corresponding provision will lapse and be replaced by a new legally authorized comparable provision established by BoTh Cosmetics.
11.4. BoTh Cosmetics is authorized to use third parties for the execution of your order.