Version effective as of December 1, 2020

GENERAL TERMS OF SALE FOR INDIVIDUALS

Article 1: Scope of Application

These general terms of sale (CGV) govern the contractual relationship between SRL “D.C. Développements Cosmétiques”, abbreviated “D.C.,” and the final consumer (hereinafter “the Buyer”) regarding the sale of natural and organic cosmetic products (hereinafter “the Products”) developed and created by D.C. (hereinafter “the Seller”).

These CGV apply to all offers and order forms made to you as a final consumer, i.e., a natural person purchasing or using our products or services exclusively for non-professional purposes.

The CGV are published on our website https://www.carescence.com/ and are also included on the reverse or attached to any order form or contract concluded with the Buyer.

The Buyer may also print the CGV via this link: https://www.carescence.com/conditions-generales-de-vente-cgv/.

If additional specific conditions apply, the general provisions of these CGV also apply.

Any derogation from these CGV is valid only if expressly accepted and confirmed in writing by the Seller.

In case of conflict between general and specific conditions, the specific conditions prevail.

Any order signed by the Buyer implies acceptance of these CGV, which alone are binding and prevail over any other conditions the Buyer may wish to impose.

All online orders via our e-shop https://www.carescence.com/ require prior consultation and explicit acceptance of these CGV. No order is valid unless the field acknowledging the CGV has been checked.

These CGV replace any previous agreement, arrangement, or contract, written or not, between the Parties regarding the same subject.

Article titles are for convenience only and do not affect interpretation. Tolerance by the Seller does not constitute a waiver.

The Seller may modify the CGV at any time; the applicable version is the one in effect on the website on the date of the Buyer’s order.

The CGV take effect upon the Buyer signing the order form or sales contract.

Article 2: Purpose

This agreement covers the sale of natural organic cosmetic products developed and created by the Seller.

The Buyer confirms being informed of the Product’s characteristics and conditions of use.

Article 3: Order Form

All oral orders must be confirmed in writing, clearly identifying the Buyer, delivery address, chosen product, price, delivery date, billing address, and order/reference number.

Insufficient stock for a product does not constitute an obligation for the Seller to sell.

3.1. Order Acceptance / Online or Paper Offers

3.1.1. Online orders on the Carescence e-shop with a network code and/or promo code may receive discounts.

Non-online orders cannot benefit from network code discounts, though promo codes may still apply. Paper order forms are valid only when signed by the Buyer or a duly authorized person.

3.1.2. Order Acceptance
A signed order form is irrevocable for the Buyer unless the Seller provides written consent and subject to the Buyer’s right of withdrawal.

Any written modification to the order form releases the Seller from delivering the Product within initially agreed deadlines.

3.1.3. If a network or promo code was provided to the Buyer, they must enter it at the appropriate field when ordering.

3.2. Right of Withdrawal (Final Consumer Only)

3.2.1. Scope of the Right of Withdrawal
Under Article VI.53-5° of the Belgian Economic Law Code, the right of withdrawal does not apply to goods unsealed by the consumer after delivery for hygiene or health reasons.

Consequently, the Buyer has no withdrawal right for perfumery or cosmetic products unsealed after receipt. Opened, unsealed, or damaged products will not be refunded, returned, or exchanged.

This does not affect legal guarantees for conformity and hidden defects (Article 7 CGV).

3.2.2. Withdrawal Period
For distance sales, the final consumer has a 14-calendar-day legal withdrawal period from physical receipt by the Buyer or a third party other than the carrier.

Returns outside this period or not following return procedures will not be accepted or refunded. Repetitive abusive returns may result in the Seller refusing future orders.

3.2.3. Exercising the Right of Withdrawal
The Buyer must notify the Seller before the withdrawal period expires. Notification can use the withdrawal form: https://www.carescence.com/wp-content/uploads/Formulaire-de-retractation.pdf

After notification, the Buyer may return the Product by mail at their expense. Products must be returned in new condition, original packaging, with all included samples and documentation, and accompanied by the delivery note and return form from Customer Service.

3.2.4. Effects of Withdrawal
The Seller refunds all payments, including shipping, via the same payment method unless expressly agreed otherwise (e.g., gift card).

If a gift card was used, the net amount (price minus gift card value) will be refunded. Upon the Buyer’s request, a new gift card may be issued for future use.

Refunds are processed promptly after receipt of the Product or proof of shipment, whichever occurs first.

3.3. Order Acceptance

3.3.1. Orders become final once:

The Product is in stock; and
Written confirmation is given by the Seller.

The Seller may refuse orders if the Buyer fails obligations or if the order is abnormal for any reason.

3.3.3. The Seller will acknowledge receipt of duly completed and signed order forms within 10 business days using commercially reasonable means.

3.4. Delivery Time

Unless otherwise indicated, delivery times are indicative and begin once the Seller confirms all necessary elements for delivery. Force majeure, technical or IT issues, or Buyer delays extend delivery times.

3.3.5. Delivery delays do not allow the Buyer to cancel the order or claim compensation.

3.5. Delivery Costs

3.5.1. Orders ≥ €60 (excluding VAT) delivered to Belgium, Netherlands, France, or Luxembourg are free of charge.

3.5.2. Otherwise, delivery costs are borne by the Buyer and disclosed before order confirmation.

Article 4: Product Presentation and Availability

4.1. Images on the website are not contractually binding. Errors will be corrected promptly if reported in writing.

4.2. Products available correspond to the site at the time of consultation. The Seller commits to doing its best to honor all orders but is not responsible for unavailability.

4.3. If a Product becomes unavailable after a confirmed order, the Buyer will be informed via email or phone. Refunds for pre-paid orders are processed promptly.

Article 5: Pricing and Invoicing

5.1. Price
5.1.1. Sale price is valid on the order date, in euros, excluding VAT (21%). Any tax changes are borne by the Buyer.

5.1.2. The Seller may modify prices at any time; Products are invoiced at the order date price.

5.1.3. Prices include VAT and other charges unless specified. Delivery/logistics fees are separate and included in total cost at checkout.

5.2. Payment Terms
Payment may be upfront for offline purchases or via the online process. Terms follow the Seller’s Terms of Use: https://www.carescence.com/wp-content/uploads/CGV.pdf

5.3. Pricing Errors
If a price error is detected, the Buyer may accept the correct price or cancel the sale. The Seller is not obliged to honor an obviously incorrect price.

Article 6: Delivery Conditions

6.1. If the Product cannot be collected immediately due to unavailability, the Seller delivers to the address in the order.

6.2. Buyer-provided information is binding. Incorrect data is the Buyer’s responsibility.

6.3. Any damage must be reported in writing immediately upon receipt.

6.4. Unavailable stock items will not be delivered and refunded promptly.

6.5. For online orders, the Buyer receives a track & trace number and invoice by email.

6.6. Orders are presented to the Buyer or another person at the delivery address. If no one is available, a notice is left with collection instructions. Products remain available for 15 days before returning to warehouse. Buyer bears cost of re-delivery.

6.7. Risk of loss, theft, or damage passes to the Buyer upon delivery.

6.8. The Seller is not liable for indirect damages from delayed or failed delivery; liability is limited to the value of the undelivered Product.

Article 7: Legal Warranty

7.1. The legal warranty (guarantee of conformity) under Articles 1649bis et seq. of the Civil Code protects consumers against non-conforming products within the EU.

7.2. The warranty applies if the Product does not match the model, quality, or intended use.

7.3. If a defect occurs, the Buyer may obtain free repair or replacement.

7.4. Minor defects that are impractical or costly to replace do not justify contract termination.

7.5. Warranty covers defects within two years of delivery. Proof of purchase must be kept. Defects within six months are presumed to exist at delivery unless proven otherwise.

7.6. To exercise the warranty, the Buyer must present proof of purchase. Complaints must be reported within 2 months of detection. Customer Service will guide returns, which require prior written confirmation.

Complaints for apparent defects or missing items must be reported within 5 days of delivery via info@carescence.com. Otherwise, rights are forfeited.

Replacement or refund applies per above, including delivery costs and gift card adjustments if used.

The warranty does not cover damage from accidents, misuse, negligence, or interventions by third parties.

Article 8: Buyer Responsibility

8.1. Products must be used according to instructions.

8.2. Products may not be used for unintended purposes.

8.3. Complaints about delivered products must be submitted in writing within 8 days.

8.4. The Buyer remains responsible for checking product suitability and usage.

Article 9: Seller Liability

9.1. The Seller is not liable for misuse of the Product. Buyers must follow provided instructions, including dosages and contraindications.

9.2. The Seller is not liable for internet-related issues, including service outages, external intrusion, or viruses.

9.3. Liability applies only in cases of gross negligence or willful misconduct.

9.4. Liability is limited to direct damages; indirect or consequential damages, including third-party damages, are excluded.

9.5. Liability is capped at the invoice amount of the relevant order.

9.6. The Seller is not liable in cases of force majeure (natural disasters, war, riots, strikes, severe weather, epidemics, etc.). Obligations may be suspended or the contract terminated.

Article 10: Express Termination Clause

The Seller may terminate or cancel the Buyer’s order without prior notice or legal action in case of non-compliance, intellectual property violations, or other actions warranting debt recovery.

Article 11: Privacy Protection

The Seller processes personal data for contract execution, customer management, product promotion, and direct marketing, including email campaigns. Buyers have access, correction, and deletion rights under EU Regulation 2016/679.

The Data Controller is Ms. Francine Rotsaert, reachable at carescence@privacy.com.

Article 12: Independence

12.1. If any clause is invalid or unenforceable, others remain valid. Parties will replace the invalid clause with an economically equivalent one.

12.2. Failure to enforce CGV does not constitute a waiver.

12.3. Communications must be sent via registered mail, fax, or email with acknowledgment.

Article 13: Intellectual Property

13.1. The name “Carescence” and logo are registered trademarks owned exclusively by SRL D.C. Unauthorized use is prohibited.

13.2. The website https://www.carescence.com/ is for personal use only. Commercial, speculative, or fraudulent use is prohibited. All website content is protected under intellectual property law.

Unauthorized reproduction, framing, or use constitutes infringement with civil and/or criminal penalties.

Article 14: Claims Handling

All claims must be sent by email to info@carescence.com. The Seller will handle complaints as promptly as possible.

Article 15: Applicable Law and Jurisdiction

15.1. Belgian law governs these CGV, even in warranty cases.

15.2. Disputes unresolved amicably will first seek mediation by an accredited mediator under Article 1726 Belgian Judicial Code. List of mediators: https://www.cfm-fbc.be/fr/content/liste-mediateurs-agrees

Mediation lasts no more than three months unless parties agree otherwise. Location: Tournai, language: French.

15.3. If mediation fails, disputes fall under the jurisdictions in Article 624 Belgian Judicial Code.

15.4. National or European online sales disputes may use the EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr or Belmed 2.0: https://economie.fgov.be/fr/themes/line/belmed-mediation-en-ligne

15.5. Costs, fees, and expenses
Each party bears its own professional fees and other expenses related to negotiation, signing, or execution of these CGV and associated agreements.