1.1 These General Terms and Conditions of Sale (hereinafter the “GTC”) define the rights and obligations of the parties in connection with the sale of products (hereinafter the “products”), via the website www.divainstitutbeauty.com (hereinafter referred to as the “site”). These GTC govern all sales of products made on the site.
1.2 The GTC is concluded between, on the one hand, Diva Beauty Institute, Rue de la Regence 36 1000 Regiunea Capitalei Brussels (Tel: +32 2 646 22 80), hereinafter referred to as the “seller” and on the other hand , the person wishing to consult the site and make a purchase, hereinafter referred to as the “buyer”. The buyer and the seller are hereinafter jointly referred to as the “parties”. The parties agree that their relations will be governed exclusively by the GCs excluding all conditions previously available on the site.
1.3 Any order of a product offered on the site (hereinafter the “order”) assumes the prior consultation and express acceptance of the GC by the buyer, but this acceptance is conditioned by a handwritten signature from the buyer. In accordance with the provisions of the law of 10 July 2019 laying down certain rules relating to the legal framework for electronic signatures and certification services, it is recalled that the validation of the purchase order constitutes an electronic signature which has, between the parties, the same value that a handwritten signature and is worth proof of the completeness of the order and the exigibility of the sums due in execution of said order.
1.4 The GTCs only concern buyers, non-commercial individuals. The buyer who wishes to buy a product on the site declares to have full legal capacity. Any person incapacitated within the meaning of Article 1123 and following of the Civil Code, can in no way buy on the site, or must do so through the intermediary, and under the responsibility of his legal representative. This legal representative is required to respect the GC.
2. PRODUCTS ON SALE
2.1 The products offered for sale are those listed on the site, with a description of their essential characteristics, on the day and at the precise moment of the consultation of the site by the buyer, and within the limits of available stocks. The seller makes all reasonable efforts to display the availability of products in real time on the site but could not be held responsible if a product was no longer available to honor the order made by the buyer. In case of unavailability of one of the products ordered, the buyer will be informed, and will have the possibility, either to modify his order, or to cancel it, in which case he will be refunded the amount of his order if he has already made the payment.
2.2 Photographs, texts and other descriptive elements illustrating the products do not enter the contractual field. If these photographs and / or texts were of an erroneous character, the responsibility of the seller could not be engaged on this account. The latter undertakes to provide its best efforts to correct errors or omissions as soon as possible after having been informed.
3. SELLING PRICES OF PRODUCTS POSTED
3.1 The price of each product is displayed on the website (hereinafter the “purchase price”) in euros and including VAT. This price is valid in the countries for which the delivery is possible on the site, and does not include the expenses of preparation and delivery, also chargeable to the purchaser, nor the deduction of any discount or voucher granted to the buyer on a personal basis. The seller reserves the right to change prices at any time, but the products will be billed based on the purchase price in effect at the time of validation of his order, and subject to availability.
3.2 At the time of the order, the buyers undertake to pay, in addition to the purchase price of the products ordered, the preparation and delivery costs (hereinafter the “expenses”). These fees vary depending on the type and quantity of products ordered, and the delivery method chosen, and include VAT. The buyer can consult the amount of these fees on the site by consulting his “Basket”, where a calculation of the total amount corresponding to the purchase price of the products and the costs is displayed. The seller reserves the right to change the amount of fees at any time, but the fees will be charged on the basis of rates in effect at the time of validation of the order, and subject to availability. These fees remain due and will not be refunded if the buyer returns all or part of the order under its right of withdrawal.
3.3 The products are only delivered in the countries for which the site authorizes the delivery. Buyers wishing to be delivered in one of the authorized countries but on an island in these countries will be billed for additional delivery. Any wrong delivery address is the responsibility of the buyer and may result in additional charges. The delivery times indicated are not binding but are given for information only. No delay in delivery may result in termination of the order or payment of damages for the benefit of the buyer. The seller has the right to make partial deliveries. In the event of non-delivery of the goods, any sums paid by the buyer will be refunded without interest or other form of compensation.
4.1 To place an order, the buyer must fill out the order form made available on the site, on which he will include the necessary information to identify him including his name, first name and delivery address. The seller can not be held responsible for the consequences of the communication of erroneous information. After completing the order form, the buyer is invited to close the ordering process, by clicking on “Validate my order”, by which the buyer declares to accept fully and without reserve the entirety of the present GTC, validates definitively his order and agrees to pay the full amount due, being the purchase price, plus fees, and less any purchase orders.
4.2 The seller will confirm each order by sending an e-mail to the buyer at the e-mail address indicated by the buyer upon his affiliation (hereinafter the “order confirmation”). This order confirmation will include the date of order, the product ordered, the purchase price, plus fees, and delivery terms. The data recorded by the seller, as well as the order confirmation, will constitute proof of the contractual relations between the parties.
4.3 The seller reserves the right to refuse or cancel any order or delivery in case of dispute with the buyer, total or partial payment of a previous order or refusal of authorization to pay by credit card banking organizations. In this case, the seller’s liability could not, under any circumstances, be incurred.
5.1 Payment for purchases is made by bank transfer, Visa or Mastercard credit card and PayPal. During the validation of the order, the user indicates the name which appears on his credit card or bank, the number of the card, its date of expiry (and the number of control in the case of a Visa and / or Mastercard). Some issuing banks may request an additional signature of the digipass type. The validity of the payment is confirmed or not after verification by the issuing bank. If the payment is confirmed, the levy comes after the billing of the order, according to the terms agreed with the banking institution issuing the card.
5.2 The product (s) ordered remain (s) the property of the seller until full payment of the purchase price and the costs indicated during the order.
6.1 Delivery is made by the seller in European countries.
6.2 The order is delivered at home or at the address indicated by the user. Orders are taken care of by Bpost in Belgium and Bpost International for other countries.
6.3 On delivery, a sales invoice is given to the user.
6.4 For a delivery in Belgium, the seller will make every effort to ensure that the order is shipped to the delivery address within 5 working days after the validation of the order and receipt of payment. The delivery person will come to this address between 8am and 6pm, on working days, and deliver the package (s) to the consignee or any other person present at the address indicated. In case of absence, a notice will be left at the delivery address. It will then be up to the user to contact the delivery person to agree either a new delivery date at the same address, a new delivery date to a new address, or a pickup at the Post Office. closer. Failing to do this within 15 days from the date left by the delivery person or if the user is absent during the new delivery, the order will be automatically returned to the seller, who will contact the user for schedule a new delivery of the order. In this case, additional delivery charges may be charged to the user.
6.5 For a delivery outside Belgium, the seller will make every effort to ensure that the order is delivered within 15 days following the validation of the order.
6.6 The indicated delivery time is only indicative. His disrespect will not create any right to damages on behalf of the user.
6.7 The transfer of risks to the user is made at the moment when the ordered products are made available to the deliveryman. The proof of this provision will be materialized by the control system used by the deliveryman.
6.8 It is the user’s responsibility to check the shipments on arrival and make any reservations and claims that would appear justified, or even refuse the package, if it is likely to have been opened or if it bears obvious signs of deterioration. If there are any complaints following the reception of the order, it is de rigueur to send an email to the address firstname.lastname@example.org, subject “Complaint of delivery”, with 3 photos in support, all this within 48 hours after receipt of the order.
7. RETRACTION AND TERMS OF RETURN
7.1 If the product (s) purchased on the site do not agree with the user, the user has a period of fourteen (14) calendar days from the day of delivery, to renounce the purchase without penalty and without giving reasons, in accordance with the code of economic law. Within this period, the user must notify the seller of his intention to use his right of withdrawal, as follows: Send an email to email@example.com, Notify buyer’s name and surname, Give a detailed description the delivered item (s)
7.2 The return to the seller will be made to the following address, unless otherwise instructed to the user, by any means of transport chosen by the user, who must keep the proof of shipment.
7.3 All costs and risks related to shipping the return of items are the responsibility of the user.
7.4 In case of use of his right of retraction by the user within the aforementioned period and the return of the products at the latest fourteen (14) days following the communication of his decision to retract according to the modalities agreed in the preceding paragraphs, the Seller agrees to refund the purchase price to the user, provided that it has already been paid, at the latest on receipt of the product (s) by the seller.
7.5 In the event of refund of the returned products, the seller will credit the credit card used for the payment of said products by an amount equivalent to the purchase price thereof, minus the amount of the coupon (s). purchase or discounts made during the order. The refund of the user will be made according to the terms agreed with the banking institution issuing the card.
7.6 The user may not make use of his right of withdrawal and / or exchange if the product (s) delivered has (have) obviously been the object of a durable use, has (have) ) has been damaged, contains missing parts, garment (s) from which the tag (s) has been removed.
7.7 The product (s) must (must) be returned properly protected, in its original packaging, in a perfect state of resale (not damaged, damaged or soiled by the customer) accompanied by all possible accessories, instructions for use, label (s) of the garment (s), etc. at the address below. Otherwise, they can not be taken back or exchanged.
7.8 The product (s) for which no attached element can identify the sender (return number, order number, surname, first name, address) can also be returned or exchanged. The product (s) returned but can not be accepted in return by the seller are held at the disposal of the user at the seller. The user remains obliged to pay the price. In case of abnormal or abusive returns, the seller reserves the right to refuse a subsequent order.
8. PROTECTION OF PRIVACY WITH RESPECT TO PERSONAL DATA OF USERS
8.1 The seller collects personal data about the buyers, which are communicated to him on the website or by e-mail. He undertakes not to disclose these data to third parties. These are confidential. They will be used by its internal services only for the processing of orders, in order to strengthen and personalize the communication, including by letters / emails of information and as part of the personalization of the site according to the buyers’ preferences, or for monitoring solvency.
8.2 The seller therefore does not sell, do not market, and does not rent out information about buyers to third parties. In case of transfer or use by third parties of personal data, the seller undertakes to inform the buyer beforehand to enable him to exercise his right of opposition. The seller can also provide consolidated statistics on its buyers, sales, trade patterns and information.
9.1 The seller incurs only obligations of means, for all stages of access to the site, the order, delivery or subsequent services. The responsibility of the seller could not be held liable for any inconvenience or damage inherent to the use of the Internet, including a break in service, external intrusion or the presence of computer viruses, or any fact that may be qualified as force majeure. In any case, the seller’s liability under these GTC may not exceed an amount equal to the sums paid or payable during the transaction giving rise to the said liability, regardless of the cause or form of the action concerned.
9.2 The seller can not be held responsible for cases of force majeure such as a delay in the execution or for the non execution of its engagements due to events beyond its normal control, including interruptions of production, difficulties of supply or shortage of raw materials, labor, energy or transportation, or delays in transportation, strikes, lockouts, interruptions of work or other collective labor disputes affecting or affecting its suppliers, and that same if these events were predictable.
10. INTELLECTUAL PROPERTY
All elements of the site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents and more generally by intellectual property as well as by the law relating to data base. They are the exclusive property of the seller. The buyer who has a personal website and who wishes to place, for personal use, on his own website a simple link directly to the site, must compulsorily ask the seller for permission. It will not be in this case an implicit agreement of affiliation. However, any hypertext link to the site and using the technique of framing or in-line or deep linking is strictly prohibited. In any case, any link, even tacitly authorized, must be withdrawn on request of the seller.
11. CONTACT WITH SELLER
In case of questions about his purchase, the buyer has the opportunity to get in touch with the seller by means of the contact form available in the “Contact” section of the seller’s website or by means of the e-mail address info @ secretcils.be. The seller undertakes to respond to the request of the buyer as soon as possible.
12. NULITY AND INTEGRALITY
If one or more provisions of the GTC are held to be invalid or declared as such under a law, regulation or following a final decision of a competent court, the other stipulations will retain their full force and their reach. The GTC and the order summary sent to the buyer form a contractual whole and constitute the entire contractual relationship between the parties. In case of contradiction between these documents, the CG will prevail.
13. VALIDITY OF THE CI GC PRESENT
These general conditions of sale apply throughout the duration of online services offered by the seller.
The computerized records kept in the computer systems of the seller and its partners under reasonable conditions of safety, will be considered as proof of communications, orders and payments between the parties. In the context of their relations, the parties accept the principle of electronic evidence (for example: e-mail).
The seller reserves the right to modify the GSC and will communicate the new version to buyers via the site.
16. APPLICABLE LAW AND COMPETENT COURTS
These GTC are subject to Belgian law. In case of dispute, an amicable solution will be sought before any legal action. In the absence of an amicable settlement, the courts of the judicial district of Brussels-Belgium will have sole jurisdiction.