Terms of use (GTCU)

Version applicable as of December 01, 2020.

ARTICLE 1: Scope of application

1.1. The present “General Conditions of Use”, abbreviated to “the GTCU” are intended to provide a legal framework for the terms and conditions of provision of the e-shop’s services https://www.carescence.com/ and their use by the “User”.

1.2. The general conditions of use must be accepted by any User wishing to access the site. They constitute the contract between the site and the User. Access to the site by the User signifies his or her acceptance of these Terms and Conditions of Use.

1.3 In case of non-acceptance of the general conditions of use stipulated in this contract, the User must renounce access to the services offered by the site.

Carescence reserves the right to unilaterally modify the content of these TOU at any time.

ARTICLE 2 : Legal notice

2.1. The publishing and operation of the e shop site https://www.carescence.com/ is carried out by the SRL ” D.C. Développements Cosmétiques, in abbreviated form ” D.C. ” registered at the BCE under the number 0666.835.507, RPM Mons-Charleroi, Division Tournai, whose head office is located at 7700 Mouscron, rue des Brasseurs 8.

2.2. The Director of the publication is Mrs. Francine ROTSAERT, also administrator of the SRL ” D.C. “, who can be reached at the e-mail address info@carescence.com.

The host of the site is
SAS OVH, 2 rue Kellermann 59100 Roubaix
France RCS Lille Métropole 424 761 419 00045
Code APE 2620Z

ARTICLE 3 : Definitions

The purpose of this clause is to define the various essential terms of the contract:

– User: means any person who uses the site or one of the services offered by the site.

– User content: are the data transmitted by the User within the site.

– Identifier and password: all the information necessary to identify a User on the site. The username and password allow the User to create his Customer Account and to access services reserved for members of the site. The password is confidential.

ARTICLE 4: access to the services of the e-shop

4.1. To be able to order on the eshop, the User must create a Customer Account.

The creation of a Customer Account allows the User to enter a network code that he received from a Seller of the Carescence network in order to benefit from a 5% discount on his purchases and, if applicable, also with a promotional code.

4.2. In order to create a Customer Account, the User must create his personal space on the e-shop site by filling in the various fields of the account creation form (last name, first name, address, telephone, email, etc.). The data thus provided by the User to the Seller for registration as a Customer must be expressed accurately and correctly. He undertakes to provide true and accurate information concerning his civil status and contact details, including his email address. He is responsible for updating the information provided. It is specified to him that he can modify them by connecting to his Customer Account.

4.3. To access the services of the eshop Carescence, the User must identify himself using his username and password which are strictly personal. As such, he is prohibited from disclosing them. Otherwise, he will remain solely responsible for the use that will be made of it.

4.4. Any account deletion, for whatever reason, entails the outright deletion of all personal information of the User.

4.5. The website uses all means at its disposal to ensure quality access to its services. The obligation being of means, the site does not commit itself to achieve this result.

4.6. Any event due to a case of force majeure resulting in a malfunction of the website or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the e-shop Carescence. In these cases, the User agrees not to claim any compensation in case of interruption, suspension or modification of this contract.

4.7. The User has the possibility to contact the site by e-mail at the publisher’s e-mail address info@carescence.com.

ARTICLE 5: Personal data

5.1. In the event of collection of personal data, the website ensures the User a collection and processing of personal information in compliance with the European Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the Belgian law of 30 July 2018 on the protection of individuals with regard to the processing of personal data.

5.2. The User has the opportunity to find out how we treat his personal data by reading our privacy policy and the rights he has over his personal data by clicking on this link.

ARTICLE 6: Intellectual Property

6.1. The name “carescence” and the “carescence” logo are trademarks registered with the INPI (for France and French Polynesia) and the BOIP (for the BENELUX), over 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 Economic Law Code relating to intellectual property and trade secrets.

6.2. 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.

6.3. All Internet users undertake 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 medium, 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 Website 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”.

6.4. The User undertakes to use the contents of the site in a strictly private setting. A use of the contents for commercial purposes is strictly prohibited.

6.5. Any content put online by the User is the sole responsibility of the User.

The User undertakes not to put online any content that may harm the interests of third parties. Any legal action taken by an injured third party against the site will be borne by the User.

The User’s Content may be removed or modified by the Site at any time and for any reason. The User does not receive any justification or notification prior to the deletion or modification of User Content.

ARTICLE 7 : Responsibility

7.1. The sources of the information disseminated on the site e shop “carescence” are deemed reliable but the website does not guarantee that it is free of defects, errors or omissions.

7.2. The information provided is presented for general information purposes only and has no contractual value. In spite of regular updates, the e-shop site “carescence” cannot be held responsible for changes in administrative and legal provisions occurring after publication. In the same way, the website cannot be held responsible for the use and interpretation of the information contained in this site.

7.3. The User shall ensure that his or her password is kept secret. Any disclosure of the password, regardless of its form, is prohibited. He or she assumes the risks associated with the use of his or her login and password. The site declines all responsibility.

7.4. The “carescence” website cannot be held responsible for any viruses that may infect the Internet user’s computer or any other computer equipment, following use, access or downloading from this site.

7.5. An optimal guarantee of the security and confidentiality of the data transmitted cannot be guaranteed by the site. However, the site undertakes to implement all the necessary means to guarantee the security and confidentiality of data as well as possible.

7.6. The responsibility of the site cannot be engaged in case of force majeure or the unforeseeable and insurmountable fact of a third party.

ARTICLE 8: Hypertext links

8.1. If outgoing hypertext links are present on the site, the web pages where these links lead do not engage the responsibility of the eshop “carescence” which has no control of these links.

8.2. The User therefore refrains from engaging the responsibility of the site concerning the content and resources relating to these outgoing hypertext links.

ARTICLE 9 : Cookies

9.1. The User is informed that during his visits to the site, a cookie may be automatically installed on his browser software.

9.2. The user is invited to read the cookie policy of the eshop “carescence” by clicking here.

ARTICLE 10: Publication by the User

10.1. The site allows Customers to post comments.

10.2. Any content put online by the User is his sole responsibility. The User undertakes to respect the rules of good conduct of the Internet and not to put online any content that may harm the interests of third parties. Any legal action taken by an injured third party against the site will be borne by the User.

10.3. The User’s Content may be removed or modified by the Site at any time and for any reason without notice.

10.4. The site exerts a prior moderation on the publications and reserves the right to refuse to put them on line, without having to justify itself to the Customer. Indeed, users/buyers can either leave a notice during the online purchase process, or submit recommendations that they have sent by e-mail, to the Website operator.

10.5. The Customer remains the owner of all of its intellectual property rights. However, by submitting his opinion on the website or his recommendation, he gives the publishing company the non-exclusive and free right to represent, reproduce, adapt, modify, broadcast and distribute his publication, directly or through an authorized third party, worldwide, on any medium (digital or physical), for the duration of the intellectual property. In particular, the Customer grants the right to use its publication on the Internet and on mobile telephone networks.

10.6. The publishing company undertakes to include the Customer’s name close to each use of its publication.

ARTICLE 11 : Evolution of the contract

The site reserves the right to modify the clauses stipulated in this contract at any time.

ARTICLE 10: Duration

The duration of this contract is indefinite. The contract produces its effects with regard to the User as of the use of the service.

ARTICLE 11 : Applicable law and jurisdiction

11.1. Belgian law applies to this agreement. In the absence of an amicable resolution of a dispute arising between the parties, the dispute shall be finally and exclusively settled by the courts of the Entreprise du Hainaut, Division Tournai, unless the Buyer is acting for non-professional purposes, in which case the dispute shall be 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.

11.2. If you have any questions regarding the application of these TOU, you can contact the publisher at the contact information listed in Article 2 above.