General terms and conditions of sale (GTC)

Version applicable as of December 01, 2020.

Article 1. SCOPE OF APPLICATION

The present general conditions of sale (GCS) govern the contractual relationship between SRL “D.C. Développements Cosmétiques”, abbreviated to “D.C.” and the final Consumer (hereinafter referred to as “the Buyer”) on the occasion of the sale of natural and organic cosmetic products (hereinafter referred to as “the products”, developed and created by “D.C.”). (hereinafter referred to as “the Seller”).

Our general terms and conditions of sale (hereinafter referred to as “GTC”) apply to all our offers/order forms made to you as a final consumer, i.e. a natural person who acquires or uses our products or services exclusively for non-professional purposes.

Our General Terms and Conditions of Sale are published on our website https://www.carescence.com/ in addition to the fact that they are also listed on the reverse side or attached as an appendix to any purchase order or contract concluded with the Buyer.

The Buyer also has the possibility to print the present GTC by clicking on this link.

If additional special terms and conditions apply in addition to these general terms and conditions, the preceding provisions shall also apply to these special terms and conditions.

Any deviation from the general terms and conditions shall only be valid if it is expressly accepted and confirmed in writing by the Seller.

In the event of any contradiction between our general terms and conditions and these special terms and conditions, our special terms and conditions shall prevail.

Any order signed by the Purchaser implies its acceptance of these general terms and conditions, which alone are binding on the Parties and take precedence over all general and special terms and conditions to which the Purchaser intends to subject the conclusion of the said contract.

All orders placed online on our e-shop https://www.carescence.com/ assume prior consultation and express acceptance of our general conditions of sale. No order can be validated without the field dedicated to the acknowledgement of the general terms and conditions having been ticked.

These T&Cs replace any previous agreement, arrangement or contract, written or unwritten, concluded between the Parties and relating to the same subject matter.

The headings of the articles in these T&Cs are for convenience only and do not in any way affect the meaning of the provisions to which they refer. No act of acquiescence by the Seller shall constitute a waiver by the Seller of any of the provisions of these T&Cs.

The said GTC are subject to change at any time by the Seller. In this case, the applicable GCS are those in force on the site, at the date of the Buyer’s order.

These GCS come into force on the date of signature of the Buyer on the order form or on the contract of sale.

Article 2. SUBJECT

The purpose of this agreement is the sale of natural organic cosmetic products developed and created by the Seller.

The Buyer declares to have been informed of the characteristics and conditions of use of the Product.

Article 3. ORDER FORM

All oral orders must be confirmed in writing, unambiguously identifying the name of the Buyer and the place of delivery, the product chosen, the selling price, the delivery date of the Product ordered, the billing address, and the reference number of the purchase order/contract.

Any lack of stock of a product listed on an Order Form shall not constitute an obligation to sell for the Seller.

3.1. Order intake/Offering online or on paper

3.1.1. Online orders on the eshop carescence with the introduction of a network code and/or promo code give the right to discounts.

Orders not made online do not qualify for the discount granted by a network code. However, a discount can still be granted via a coupon code. Order forms in paper format are valid only when they have been confirmed by the signature of the Buyer or any person duly authorized to do so.

3.1.2. Order taking

The purchase order signed and delivered to the Seller is irrevocable in all respects for the Buyer, unless otherwise accepted in writing by the Seller and subject to the exercise of the Buyer’s right of withdrawal.

Any modification accepted in writing that is made to the purchase order exempts the Seller from carrying out the availability of the Product within the initially agreed deadlines.

3.1.3. If a Network Code or a Promotional Code has been delivered to the Buyer, the Buyer, when placing an order, shall not fail to indicate its Network Code number or its Promotional Code number at the place concerned.

3.2. Right of withdrawal: concerns only the final Buyer-consumer-

3.2.1. Remarque importante : étendue du droit de rétractation

In accordance with Article VI.53-5° of the Code of Economic Law, the right of withdrawal cannot be exercised for contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

Consequently, the Customer has no right of retraction for perfumery and cosmetic products that he would have unsealed after their reception and perfumery and/or cosmetic products that will have been unsealed, opened or damaged will neither be refunded, nor taken back, nor exchanged.

Being specified that the final Consumer Buyer is not deprived for all that of the legal guarantees of conformity and the hidden defects stated in article 7 of the present CGV.

3.2.2. Time limit for the right of withdrawal.

In terms of distance selling by a final consumer, the latter has a legal withdrawal period of 14 calendar days. This means that the final consumer, without having to justify his decision, decides to cancel his order made online or at a distance, that is to say outside the seller’s usual establishment. The 14 calendar-day withdrawal period begins from the day on which the Buyer or a third party other than the carrier, in accordance with Article 6.5, takes physical possession of the product.

Les produits retournés en dehors du délai de 14 jours et/ou les retours pour lesquels la procédure de retour n’a pas été respectée ne seront pas acceptés et pas remboursés. En cas de retour manifestement abusif répétitif, le Vendeur se réserve le droit de refuser toute commande ultérieure.

3.2.3. Methods of exercising the right of retraction

The Buyer must inform the Seller of its decision to withdraw before the expiration of the withdrawal period referred to in Article 3.2.1. To do so, the Buyer may use the model withdrawal form appearing in the appendix to these general terms and conditions or may contact the Seller via the “Contact” section on the https://www.carescence.com/ website. If the Buyer wishes to use the model form appearing in the appendix to these general terms and conditions, this form must be sent to the e-mail address or postal address mentioned in this form. The form to withdraw from the order is found below.

After having informed the Seller of his decision to withdraw from his purchase, the Buyer may return the product to the Seller by mail to the address mentioned in his general terms and conditions. Any return costs are at the expense of the Buyer.

Products must be returned in new condition, in their original packaging, in perfect condition, including but not limited to the samples included and any instructions for use, necessarily accompanied by the delivery note and the return document sent by our Customer Service.

3.2.4. Effects of the right of withdrawal

Seller shall refund all payments received, including, if applicable, delivery charges. The Seller shall make the refund using the same means of payment used by the Buyer for the initial transaction, unless the Buyer expressly agrees to another means of payment, such as sending a gift card or voucher.

Seller shall not be obligated to reimburse additional charges if Buyer has expressly chosen a method of delivery other than the less expensive standard delivery method. If a voucher was used in connection with Buyer’s order, the net amount (i.e., the purchase price less the amount of the voucher) will be refunded to Buyer. At the express request of the Purchaser, a new voucher will be sent to him/her and can be used for a future purchase.

Reimbursement will be made as soon as possible after receipt of the product, or until Buyer has provided proof of shipment of the product, whichever comes first.

3.3. Acceptance of the order

3.3.1. Orders become final only after the following cumulative conditions have been met :

1°) that the product is available or is in stock at the Seller;

and

2°) that confirmation of the order has been given in writing by the Seller.

The Seller reserves the right to refuse an order if the Buyer fails to meet any of its obligations and, more generally, to refuse any order of an abnormal nature for any reason whatsoever.

3.3.3 The Seller shall use commercially reasonable means at its disposal to acknowledge receipt within ten (10) business days of the Purchase Orders duly completed and signed by the Buyer.

3.4. Delivery time

Unless otherwise specified by the Seller, delivery times are given for information purposes only and do not begin to run until the business day on which the Seller approves the sufficient quality and completeness of all the elements necessary for the delivery or availability of the Product. The delivery period for which the Seller is responsible shall be automatically extended if the causes are due to force majeure, including technical or computer problems beyond the control of the Seller, or if the causes of delay are due to the non-performance of the services for which the Buyer is responsible.

3.3.5. These delays in delivery or availability do not entitle the Buyer to cancel its order or to claim any compensation from the Seller.

3.5. Delivery charges

3.5.1. For any order of at least 60.00 euros excluding VAT, the delivery costs for Belgium, the Netherlands, France and the Grand Duchy of Luxembourg, are borne by the Seller.

3.5.2 Apart from the cases of delivery under point 3.5.1, the delivery costs are always borne by the Buyer. The Buyer receives information on delivery costs at the time of placing his order and before he has validated it.

Article 4: PRESENTATION OF THE PRODUCT AND ITS AVAILABILITY

4.1. The images presented on our website have no contractual value. We decline all responsibility for any errors that may appear in the descriptions of the products or the ordering process. However, and provided that they have been brought to our attention in writing, we undertake, as far as possible and within our means, to rectify these errors as soon as possible.

4.2. The products offered for sale are those that appear on the website on the day and at the precise moment of your consultation of the website. We undertake to put all the means at our disposal to honour all your orders. In any event, we cannot be held responsible for any damage resulting from the unavailability of a product.

4.3 In the event of unavailability of a product that is the subject of a confirmed order, you will be informed by e-mail or telephone of the total or partial cancellation of your order. If the unavailability is communicated when the amount of your order has already been debited from your bank account, reimbursement will take place as soon as possible following the date of cancellation of your order.

Article 5. SALES PRICE AND INVOICING

5.1 Price

5.1.1. The sale price is that in force on the day of the Buyer’s order. It is denominated in euros and does not include VAT. VAT is 21%.

Any increase in VAT or any new tax that may be imposed between the time of the order and the time the Product is made available will be at the expense of the Purchaser.

5.1.2. The Seller reserves the right to modify its prices at any time. In any case, the products will be invoiced on the basis of the price in force at the time of the Buyer’s order.

5.1.3. The prices mentioned on the Seller’s Web site are in euros, and include, unless otherwise stated, VAT, administrative costs and all other services. They do not include, where applicable, the contribution to logistics and shipping costs, which is mentioned separately and clearly during the order process and included in the total price.

5.2. Terms of payment

5.2.1. The Purchaser pays either in cash for a non online purchase or he makes his payment online by following the online payment process. The terms of online purchase and the online payment process are defined in the Seller’s General Terms and Conditions of Use which the Buyer may read here.

5.3. Error on the price

If the Buyer discovers a fault in the selling price of the Product ordered, he has the choice to continue the sale of the Product at the right price or to cancel its sale.

The Seller is not obliged to deliver the Product at an incorrect (too low) selling price and where it appears that this faulty price is based on a clear and recognizable fault, that the Buyer should reasonably have realized that this price had been set incorrectly, regardless of the phase of the order process.

Article 6. CONDITIONS OF DELIVERY.

6.1 In the event that the purchased product could not be picked up by the Buyer at the time of purchase because the product is not or no longer available, the Seller will deliver the product to the location indicated in the purchase order.

The transport of the Product is carried out under the responsibility of the Seller or its agent.

6.2. All the information you provide when you order is binding on you. We cannot be held responsible for the consequences of the communication of erroneous data. The products ordered can only be delivered to the address of the place of delivery that has been mentioned by the Buyer.

6.3. Without derogating from Article 6.7, in all cases, when a loss is noted upon arrival of the Product, the recipient must immediately notify the Seller in writing of the legal reservations.

6.4. Products that are not available from stock will not be delivered and you will be refunded the amount of the products concerned as soon as possible and your account has already been debited from your purchase.

6.5. In case of delivery of your product purchased online, you will receive by e-mail a track & trace number allowing you to track your package online. You will also receive an e-mail with the invoice for your order. The invoice will include details of the delivery costs and VAT. The delivery will be accompanied by a delivery note with the list of products delivered.

6.6. Your order will be presented to you or any other person present at the delivery address. We are not liable for damages of any kind whatsoever that may result from the receipt of your order by any other person present at the delivery address. If no one can receive your order at the time of delivery, a delivery notice will be left. This notice contains the mailing address where you can pick up your products as well as a telephone number so that you can arrange a delivery time with the carrier. Your products remain at your disposal for 15 days after delivery. After this period, the products will, if necessary, be returned to our warehouse. In this case, you can contact us to arrange a new delivery, at your expense.

6.7. The risks related to the loss, theft or deterioration of the products will be borne by you from the moment of delivery of these products.

6.8. We cannot be held liable for any indirect damage caused by late delivery or non-delivery by the carrier. In this case, our liability shall be limited to the value of the products for which the absence of receipt is demonstrated.

Article 7: LEGAL GUARANTEE

7.1. The legal guarantee also known as the guarantee of conformity corresponds to the guarantee on consumer goods provided for in Articles 1649bis and following of the Civil Code, which protects the end consumer when the products purchased by him have a lack of conformity. The legal guarantee of conformity benefits all individuals residing in the European Union.

If you encounter a problem with a sold product, you can contact our Customer Service.

7.2. The legal warranty applies to any lack of conformity of the product when :

– the characteristics of your purchase do not correspond to those of the model presented ;

– the quality and services do not meet your expectations

– the product cannot be used for its normal intended use or for the specific functions you have requested.

7.3. If the purchased product has a defect covered by the warranty of conformity, the Purchaser shall have the right to obtain, free of charge, a repair or replacement of the product.

The Purchaser shall have the right to obtain a reduction of the price or the termination of the contract in the following cases:

– if replacement of the product is not possible ;

– if the product cannot be replaced within a reasonable period of time;

– if the replacement of the product cannot be implemented without major inconvenience for the Buyer.

7.4. The Seller draws attention to the fact that a minor defect for which the replacement of the product is not possible or excessively expensive, will not entitle the Seller to rescind the contract.

7.5. The legal guarantee of conformity covers defects in conformity that occur within two years of delivery of the product. The Buyer is therefore required to keep proof of purchase of the product. Defects of conformity that appear within six months of delivery of the product are presumed to exist at the time of delivery, unless this presumption is not compatible with the nature of the product or the nature of the defect of conformity or unless proven otherwise.

7.6. Method of exercising the legal guarantee.

In order to make use of the legal warranty, the Buyer must be able to present proof of purchase, order confirmation or invoice. The warranty is not transferable. Any lack of conformity must be communicated to the Seller’s customer service department within 2 months of its discovery. After the expiry of this period, any right to repair or replacement lapses. The Seller’s Customer Service Department will provide instructions on how to return the product to the Seller. In any case, the possible return of the product will only take place after prior written confirmation from the Seller.

Any complaint for apparent defects of the product and missing product must be communicated to the Customer Service of the Seller by e-mail info@carescence.com , at the latest within 5 days of delivery, without prejudice to the right of withdrawal. In the absence of such communication within 5 days of delivery, the Buyer loses the right to file a complaint for apparent defect and missing product. Complaints for defects will only be valid and processed if the Buyer has not used or otherwise damaged the product.

In the event that a delivered product does not correspond to the Buyer’s order and provided that the procedure referred to in Article 7.6 has been complied with, the Seller undertakes to replace the product. In the event that replacement is impossible or disproportionate, the Seller shall refund all payments received, including, where applicable, delivery costs. If a purchase voucher was used as part of Buyer’s order, the net amount (i.e., the purchase price minus the amount of the purchase voucher) will be refunded to Buyer. At the Buyer’s express request to the Seller’s Customer Service Department, a new voucher will be sent to the Buyer, which can be used for a future purchase.

The commercial and/or legal guarantee is never applicable to defects which, among other things, are due to accidents, damage to the condition of the product through negligence, falls, use of the product in contradiction with the purpose for which it was designed, failure to comply with the instructions for use, modifications or adaptations of the product, incorrect, abnormal or improper use. It also does not apply to products with a short service life or in the event of intervention by an undesignated third party.

Article 8: RESPONSIBILITY OF THE BUYER

8.1. The Product must be used in accordance with the instructions and rules of use accompanying the Product.

8.2. The Buyer may not use the Product for any other purpose than that for which it is normally intended.

8.3. Any complaint, of any nature whatsoever, concerning the Product delivered must be made in writing within 8 days of receipt of the Product. It is up to the Buyer to provide all justifications as to the reality of the defects or shortcomings observed. Failing this, the Product is deemed to be in conformity.

8.4 It should be noted that the Buyer is not relieved of its responsibility to check the adequacy of the delivery and the use of the product.

Article 9: SELLER’S LIABILITY AND LIMITATION

9.1. The Seller cannot be held responsible for problems or damages of any kind that may result from improper use of the product. In this respect, the Buyer undertakes to read carefully the instructions provided by the manufacturer on or in the packaging of the product and which contain the information (and in particular dosages and contraindications) that the Buyer must comply with.

9.2. The Seller shall not be held liable for any inconvenience or damage inherent to the use of the Internet network, in particular a break in service, external intrusion or the presence of a computer virus.

9.3. The Seller’s liability can only be invoked if the damage was caused by its gross negligence or willful misconduct.

9.4. The Seller’s liability is limited to direct damages only. Any indirect damage, including, but not limited to, consequential damage and damage to third parties, is therefore excluded from its liability.

9.5. In the event that the Seller is held liable for any damage whatsoever, its liability shall be limited to the amount of the invoice for the Buyer’s order, and at most to the part of the order for which it is liable.

9.6. The Seller shall be released by operation of law and shall not be required to comply with any obligation in the event of force majeure. In the event of force majeure, the Seller may either suspend its obligations for the duration of the force majeure event or definitively terminate the contract.

Force Majeure shall mean any event beyond Seller’s reasonable control, including, but not limited to, acts of God, war, riots, civil disturbances, economic sanctions, fire, floods, severe weather conditions, explosion, epidemic, terrorism, labor disputes, strikes, employer strikes or any other form of industrial action or labor dispute, as well as any circumstance that prevents normal production, shipment or transportation of products, and other similar situations that may affect Seller, its subcontractors, suppliers or carriers.

Article 10. EXPRESS RESOLUTORY CLAUSE

The parties expressly agree that the provisions of this section are an express resolutory clause.

The Seller reserves the right to terminate or cancel the Buyer’s order at any time without prior notice and without taking legal action, in the event of, in general, the Buyer’s failure to comply with its commitments, and, in particular, infringement of its intellectual property, or any other fact that may involve proceedings to recover the Buyer’s debts.

Article 11. PROTECTION OF PRIVATE LIFE

The processing by the Seller of the personal data received by the Buyer has the following purposes: execution of this agreement, customer administration, promotion of the Seller’s products and services, establishment of personalized information and direct marketing campaigns, including by means of e-mail. At any time, the Buyer has the right to access, check and rectify free of charge the personal data concerning him/her in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of personal data. The data controller is Mrs. Francine Rotsaert and can be contacted by e-mail at: carescence@privacy.com.

The Buyer is invited to read the Seller’s privacy policy to be informed of how the Seller processes and uses its personal data. Its privacy policy can be downloaded here.

Article 12 – INDEPENDENCE

12.1. The nullity or inapplicability of one of the clauses of the present general conditions cannot affect the validity or applicability of the other clauses. Where applicable, in the event of the nullity of a clause, the parties shall endeavour to replace it with a valid clause that is closest in economic terms to the null or inapplicable clause.

12.2. The fact that the Seller does not avail itself of the present general terms and conditions of sale at a given moment cannot be interpreted as a waiver of the right to avail itself of them at a later date.

12.3. Any communication or notification between the parties shall be validly made by registered letter, faxed mail, e-mail with acknowledgement of receipt, for the Seller at its registered office and for the Buyer at its domicile.

Article 13 INTELLECTUAL PROPERTY

13.1. The name “carescence” and the “carescence” logo are trademarks registered with the INPI (for France and French Polynesia) and the BOIP (for the BENELUX) on which SRL “D.C.” has exclusive rights of use. Any reproduction, use or affixing of the said trademarks without the prior authorisation of SRL “D.C.” is prohibited, in accordance with the provisions of Article L713-2 of the French Intellectual Property Code and the provisions of Book XI of the Belgian Code of Economic Law relating to intellectual property and trade secrets.

13.2. The Seller’s website, https://www.carescence.com/, may be used exclusively for strictly personal purposes, in accordance with the terms and conditions set forth in these terms and conditions. The website visitor or Buyer may not use this website for any other purpose, including, but not limited to, commercial, speculative and/or fraudulent (personal) purposes.

This website and the texts, photos, illustrations, pictograms, sounds, videos, software, databases, structures, layouts and all other data and elements of this website are protected by intellectual and/or other (property) rights by application of the provisions set out in the aforementioned Code and Book on Intellectual Property.

Access to and use of the website does not confer any rights or claims to any part of this website and shall in no way be construed as an assignment or license of such (intellectual property) rights.

Any Internet user agrees not to use them and not to allow anyone to use these contents for illegal purposes. Any representation or reproduction, total or partial, permanent or temporary, on a computer and/or paper support, and by any process whatsoever (in particular by means of framing= action of capturing the content of pages of a website in order to transfer it to its own website by means of a hypertext link, making the said content appear as its own), of any of the elements of the Site or of the services offered, without the prior and express agreement of SRL ” D. C”) is prohibited, and constitutes an act of counterfeiting, which may result in civil and/or criminal sentences.

The visitor of this website or the Purchaser may not reproduce, restore, modify, transfer, publish, adapt or exploit in any other way the said website (or part of it) on any medium and in any way, in whole or in part, without the prior written consent of SRL “D.C”.

Article 14 PROCESSING OF CLAIMS

For any claim to be made, the Buyer is invited to send it by email to the email address info@carescence.com. The Seller will make every effort to process the claim as soon as possible.

Article 15. APPLICABLE LAW AND JURISDICTION

15.1. The present general conditions are governed by Belgian law, even in the event of a guarantee call.

15.2. Any dispute relating to the validity, interpretation or execution of these general terms and conditions of sale or in relation to them, such as a dispute over the amount to be recovered and which could not be resolved amicably, the Parties in question undertake to try to resolve their dispute through mediation.

The Parties expressly agree to use the services of an accredited mediator within the meaning of Article 1726 of the Belgian Judicial Code, which can be found on the list of the Federal Mediation Commission at the FPS Justice accessible via its website: https://www.cfm-fbc.be/fr/content/liste-mediateurs-agrees.

The duration of mediation may not exceed three months unless expressly agreed by the parties.

The seat of the mediation shall be in Tournai, unless the Parties expressly agree otherwise.

The language of the mediation will be French.

15.3. If mediation does not result in an agreement, the dispute is submitted, at the choice of the plaintiff, to the jurisdiction of the courts designated by Article 624, 1°, 2° or 4° of the Judicial Code.

15.4 There is also the possibility, in the event of a dispute concerning a national or European online sale, to use the European online payment platform or to also use the Belmed 2.0 platform. See the link https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN or the link https://economie.fgov.be/fr/themes/line/belmed-mediation-en-ligne/reglement-alternatif-de/introduire-une-demande-de.

15.5. Costs, duties and fees

Each Party shall bear the fees, costs and disbursements of its respective lawyers, counsel, accountants and other experts, and all other expenses incurred in connection with the negotiation, preparation, execution and coming into force of this Agreement and the transactions and agreements referred to herein.