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Terms and Conditions

General terms and conditions of Special Beautiful, the trade name of the company SPECIAL BEAUTIFULL, with registered office at sixty (60) waversesteenweg at thousand and fifty (1050), Brussels, Belgium

Article 1. General 1.1. In these general terms and conditions, "Special Beautiful" means: the company la société Special Beautifull (TVA BE 0864.872.190). 1.2. These terms and conditions have been incorporated in full in the online shop. 1.3. A contract concluded with Special Beautiful is also referred to as an "order". 1.4. These terms and conditions form an integral part of any offer made by and of any contract with Special Beautiful, unless expressly requested in writing. 1.5. Taking into account the provisions of Article 6.4., the present terms and conditions also apply in the event that Special Beautiful calls on third parties for the execution of all agreements. 1.6. In the absence of all other written agreements, the general and specific terms and conditions and clauses of third parties are not recognized by Special Beautiful. 1.7. If the terms and conditions contain conflicting clauses with those contained in a "contract", the clauses of the relevant "contract" shall prevail. 1.8. Should any part of the terms and conditions be declared void or revoked, the remaining provisions shall remain in full force and effect and the parties undertake to use their best endeavors to jointly establish a valid replacement provision, the scope of which is as close as possible to the invalid provision. . 1.9. Special Beautiful is a commercial enterprise and not the manufacturer of the products it supplies.

 

Article 2. Offers and conclusion of an agreement 2.1. All offers are without obligation, unless otherwise indicated by Special Beautiful. 2.2. The contract is drawn up when the offer is accepted. An electronic contract is only concluded after you have seen the general terms and conditions and you have declared (by means of a confirmation button provided for this purpose or by ticking a confirmation box) that you have taken note of the relevant terms and conditions and that you have accepted them. 2.3. The actual execution of the contract by Special Beautiful or the sending of a confirmation e-mail by Special Beautiful counts as written confirmation of the offer. 2.4. If the correctness of the content of this confirmation is not disputed in writing or by e-mail within fifteen (15) days, Special Beautiful and the customer are bound. 2.5. Special Beautiful offers are not automatically valid for additional orders. 2.6. Special Beautiful cannot be held to the observance of its offer if, in the event of an error or a clear misunderstanding in the relevant offer, the customer can reasonably be expected to establish the presence of the error or the misunderstanding in question. 2.7. More detailed additions, amendments and/or agreements are only effective if agreed in writing. 2.8. The act of ordering implies the execution of a trial sale. Upon receipt of your order, you have fifteen (15) working days to ensure that the items and/or services ordered meet your expectations and, if not, to notify Special Beautiful, let alone to return your order. send. The contract is then considered terminated. After this period, the sale is automatically completed and you become the owner of the item(s). 2.9. The facts set out in Article 2.8 do not expressly apply to cosmetics and hair products, to products for which the seals of the packaging (tubes, bottles, flasks, wafers or other) have been or must be broken, to products of a personal nature and / or which, due to their nature, cannot be returned and/or on products that may deteriorate or age prematurely after opening the packaging. 2.12. If an order is not accepted or is even subject to more detailed conditions, Special Beautiful will make this known within ten (10) working days of receipt of the order by substantiating the reasons.

 

Article 3. Price / price increase 3.1. In the absence of any other stipulation, all prices are expressed in euros (€) and include sales tax, including VAT, for the site concerned, while in the professional version the prices are exclusive of VAT. 3.2. Special Beautiful undertakes not to implement a price increase after the conclusion of the contract, unless such increase is the result of regulations and/or legal provisions. 3.3. If this price increase is not due to regulations and/or legal provisions, the consumer has the right to cancel the distance contract about the day on which the price increase takes effect. 3.4. Special Beautiful is not bound by its offer or prices if there are misspellings, misprints, typos, color errors or errors of notorious programming in its magazines, its mailings or on its website.

 

Article 4. Delivery 4.1. If goods are in stock, they will be shipped as soon as possible after receipt and payment of the order. Special Beautiful has the right to charge shipping costs for sending ordered goods. The delivery of ordered goods is made to the delivery address known by Special Beautiful, the latter cannot be temporary in nature. The goods are delivered to the person present at the delivery address. 4.2. The customer must sign to confirm receipt of the products. 4.3. If the customer refuses the purchased items or fails to provide information or instructions necessary for delivery, the items will be stored at the customer's own risk and expense. 4.4. Unless otherwise proven, Special Beautiful will have fulfilled its delivery obligation as soon as the goods delivered by Special Beautiful have been taken over by the customer at the address indicated by him. In the case of home delivery, the carrier's report that acts as a refusal of acceptance will serve as complete proof of the delivery proposal, unless proven otherwise. 4.5. In case of refusal of the goods offered, the delivery costs are fully borne by the customer. 4.6. For orders delivered in Belgium up to € nineteen (19.00), Special Beautiful charges € five point nine (7.50) shipping costs. For orders up to €thirty-nine (39.00) delivered in Luxembourg and the Netherlands, Special Beautiful charges €7 coma five (7.50) for shipping. For France, the private delivery costs are eight euros (8.00) for each shipment less than fifty-nine euros (59 euros). Above that amount, the shipping costs are offered. 4.7. Once the package has been shipped, Special Beautiful will send a "shipping confirmation" to the customer at the email address provided. If the ordered product can no longer be delivered or if the delivery cannot be made within the specified period, Special Beautiful will contact the customer. If the order is not delivered within four (4) days after receipt of the shipping confirmation and without any justification by Special Beautiful, the customer is requested to inform Special Beautiful immediately. 4.8. If you have moved and you have failed to notify Special Beautiful in writing, the delivery made to the address known by Special Beautiful at the time the order was processed will be considered a valid delivery. 4.9. Special Beautiful is not liable for any damage you may incur as a result of late notification of a change of address. The possible delivery and transport costs as well as the additional or additional return costs that may arise are for your account.

 

Article 5. Delivery period 5.1. A delivery term communicated by Special Beautiful may never be regarded as a fatal delay. This delivery period runs from receipt of payment of the invoice and all necessary information by Special Beautiful, after which Special Beautiful will proceed to delivery within forty-eight (48) hours (working days and for the Benelux, except in case of force majeure (see article 7). )). 5.2. In accordance with the applicable distance selling rules, Special Beautiful will execute the orders without undue delay, but within a minimum of seven (7) days. If such is not possible (to the extent that the ordered items are out of stock or no longer available), or if there is a delay due to another reason or if an order cannot be fulfilled or only partially fulfilled , the customer (payer) will be informed within four (4) (working) days after placing the order and in this case will have the right to declare the order in question null and void without costs or reminder.

 

Article 6. Termination 6.1. Without prejudice to Special Beautiful's rights under the law, Special Beautiful has the right, by means of a written statement to this effect to the customer, to suspend or terminate the contract in whole or in part with the right to compensation to the customer, if (not -Limitative summary): a. after concluding the agreement, Special Beautiful obtains circumstances from which it appears that Special Beautiful has good reasons to fear that the customer has not fulfilled its obligations; b. Special Beautiful is unable to determine the domicile or permanent residence of the client. 6.2. If circumstances arise with regard to the materials that Special Beautiful uses or is habitual to use for the execution of the contract, which are of such a nature that the execution of the contract becomes impossible or perhaps particularly difficult and / or unreasonably too expensive so that the compliance with this contract can no longer be reasonably required, Special Beautiful is entitled to terminate the contract. 6.3. If the customer makes valid use of his right of cancellation and returns the product, the return shipment as well as the resulting costs are at his own expense and risk. 6.4. Before proceeding with a return shipment, the customer is obliged to report this to Special Beautiful within fifteen (15) working days after delivery. At the request of Special Beautiful, the customer is obliged to demonstrate that the delivered goods have been returned in time (no later than fifteen (15) working days after delivery), for example by means of a proof of delivery by post. 6.5. Returned goods must be shipped in the original packaging (with accessories and accompanying documentation) and must be in new condition. If the goods have been used, encumbered or damaged by the customer in any way whatsoever, the right of cancellation lapses. Taking into account the facts indicated in the previous sentence, Special Beautiful confirms by return mail, after receipt and checking of the returned goods, the cancellation of the sale and ensures, free of charge, to refund the total amount of the purchase in the thirty (30) days after the proper receipt of all returned goods.

 

Article 7. Force majeure 7.1. Force majeure refers, although in addition to what is prescribed in this regard in the law and in case law, to all extraordinary causes and beyond the control of Special Beautiful, which impede or make the delivery impossible, including but not limited to a strike at Special Beautiful and/or its suppliers, internet or WAP outages, power outages, disruptions in email correspondence, and interruptions or changes in technology provided by third parties. 7.2. A case of force majeure can also be invoked if the circumstance that prevents (further) fulfillment of the agreement occurs after Special Beautiful should have fulfilled its obligations. 7.3. If the period during which fulfillment of the obligation for which Special Beautiful is responsible is impossible due to force majeure lasts longer than two (2) weeks, both parties have the right to dissolve the agreement, without this entailing an obligation to pay compensation.

 

Article 8. Warranty 8.1. Special Beautiful offers no other warranty on the delivered goods than the warranty (guarantee conditions) of the manufacturer of these goods, without however prejudice to the rights and obligations of the customer arising from legally binding and mandatory provisions. 8.2. However, Special Beautiful is in no way responsible for the suitability of the goods for the specific application intended by the customer, nor for giving any advice regarding the use or application of the relevant goods. 8.3. The customer is requested to check the delivered goods immediately upon receipt. If any of the delivered goods are found to be incorrect, defective or incomplete, the customer must report this directly in writing to Special Beautiful (before returning the products to Special Beautiful). Potential defects or poor deliveries must and can be reported in writing to Special Beautiful up to a maximum of fifteen (15) days after delivery. Returned goods must be shipped in the original packaging (with accessories and associated documentation) and must be in new condition. In case of use after discovery of defects, of damage that has arisen after discovery of defects or cracks and / or resale after discovery of defects, this right to complaint and return is canceled in its entirety. 8.4. If the complaints of the customer are recognized by Special Beautiful as well-founded, the latter will either proceed to the free replacement of the delivered goods or to conclude a written agreement with regard to compensation, this choice being left to its discretion, it being understood that the responsibility of Special Beautiful and consequently the amount of the compensation will always be limited to the maximum amount of the invoice for the goods concerned, or even (at Special Beautiful's discretion) up to the maximum amount covered in this case by Special Beautiful's professional liability insurance. 8.5. Special Beautiful's liability for any other form of compensation is excluded, including in particular any additional compensation, in whatever form, the repair of indirect damage, consequential damage or damage related to loss of profit. 8.6. Special Beautiful is not liable for damages caused by fraud or any similar willful unethical conduct by non-executive personnel. 8.7. This warranty is not valid if: a. and as long as the customer is in default towards Special Beautiful; b. the customer has repaired and/or modified the delivered goods himself or has had them repaired or modified by third parties; c. the delivered goods have been exposed to abnormal conditions, have been treated negligently in one way or another or have been handled contrary to the instructions and/or instructions for use of Special Beautiful on the packaging; d. the defect is wholly or partly attributable to requirements that have been or will be imposed by the government with regard to the nature or quality of the materials used. 8.8. An activation of the guarantee is only valid with the communication of the guarantee certificate and the invoice.

 

Article 9. Payment 9.1. In the absence of any other agreement, the order must be prepaid by bank transfer or postal transfer. Payment in installments is not possible. 9.2. If, ten (10) days after the invoice date, payment has not yet been made, the customer will be in default by operation of law and from that moment on will owe interest on the required amount, which amounts to one (1) % per month, unless the statutory interest higher, in which case statutory interest will apply, with part of a month being regarded as a whole month. 9.3. In the event of bankruptcy or postponement of payment on the part of the customer or if such a request is made, the claims of Special Beautiful and the obligations of the customer towards Special Beautiful are immediately due and payable. 9.4. If Special Beautiful is forced to dispose of its claim for recovery, the customer will be held liable for extrajudicial costs of collection, which can amount to a fixed amount of fifteen (15)% of the amount owed, with a minimum amount of € two hundred and fifty (250.00). ). 9.5. If Special Beautiful can demonstrate that it has incurred higher costs that were reasonably necessary, these are also eligible for repair.

 

Article 10. Privacy 10.1. Special Beautiful respects the privacy of visitors to its website and is the sole owner of the information obtained through this website, in the absence of all other various mention. Special Beautiful undertakes not to sell, share or rent this information to/with third parties in any way other than as set out in this privacy statement. 10.2. All information to deduce the identity of a visitor to the website of Special Beautiful is provided voluntarily by the latter. This type of information may be used within Special Beautiful (and all of its subsidiaries and brands) to make visits to our websites as enjoyable and easier as possible. It is also possible that this information is used for analysis and for communication of information about the product portfolio offered by Special Beautiful. The customer gives his express permission for this. 10.3. Special Beautiful is authorized to publish information about a visitor in exceptional cases, when there are reasons to believe that the publication of such information is necessary for identification, contact or the opening of a lawsuit against a person who intentionally or not causes harm to the rights or property of Special Beautiful, other users of its website, or any other person who may be harmed by doing so. Special Beautiful has the right to disclose information about users of its website when Special Beautiful believes in good faith that such is required by law. 10.4. Special Beautiful collects non-personal information about visitors to its website in order to determine the total number of visitors as well as the type of internet browser and the operating system used. 10.5. Personal data can be removed at the request of the site visitor, insofar as this does not involve any effort or disproportionate costs for Special Beautiful.

 

Article 11. Intellectual property rights 11.1. In the absence of any other express written agreement, Special Beautiful and/or its suppliers are the sole custodians of all copyrights and all other intellectual and industrial property rights in the goods or services provided by Special Beautiful, such as trademark rights, site rights, design rights, patent rights, etc. 11.2. The parties undertake to take adequate measures to ensure the secrecy of their mutually confidential information, which information will be disclosed during the performance of the contract.

 

Article 12. Applicable law 12.1. All Special Beautiful offers and contracts are exclusively governed by Belgian law. Any contract signed under these terms and conditions is deemed to have been concluded on Belgian territory.

 

Article 13. Disputes 13.1. In case of questions and / or complaints, the customer can contact the sales department of Special Beautiful (tel +32 (0) 2 - 324 86 30), available from Monday to Friday from 9 am to 5 pm (GTM + 1). Complaints are usually handled within thirty (30) days. If such a thing is impossible for any reason, the customer will be informed of the duration of this delay.

 

Article 14. Applicability of the general terms and conditions 14.1. These terms and conditions apply to all contracts with Special Beautiful

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