TERMS & CONDITIONS OF SALES

  1. DESCRIPTION
    a.These General Terms and Conditions of Sale (hereinafter referred to as the “GTC”) define the rights and obligations of the parties in the context of the sale of products (hereinafter referred to as the “products”) via the website www.queenccosmetics.com (hereinafter referred to as the “site”). These GTC govern any sale of products made on the site, as well as services at the office and contact via various channels.

    b. The GTC are entered into between, on the one hand, YAELYS SRL, a company that owns Queen C Cosmetics, registered with the Belgian Crossroads Bank for Enterprises under number BE0782.949.059, with its registered office located in Waterloo, 13 Clos de la Commanderie, and its operational headquarters located at 842 Alsembergesstwg, 1180 Uccle, Belgium (Tel: +32/491.03.36.87), hereinafter referred to as the “seller,” and, on the other hand, the person wishing to visit the site and make a purchase there, hereinafter referred to as the “buyer.” The buyer and the seller are hereinafter collectively referred to as the “parties.” The parties agree that their relationship will be governed exclusively by the GTC, to the exclusion of any conditions previously available on the site.

    c. Any order for a product or service offered on the site (hereinafter the “order”) implies prior consultation and express acceptance of the GTC by the buyer, without this acceptance being conditioned on a handwritten signature by the buyer. In accordance with the provisions of the law of July 9, 2001, establishing certain rules relating to the legal framework for electronic signatures and certification services, it is reminded that validating the order form constitutes an electronic signature which, between the parties, has the same value as a handwritten signature and serves as proof of the completeness of the order and the amounts due for the execution of said order.

    d. The buyer who wishes to purchase a product on the site declares to have full legal capacity. Any person subject to incapacity within the meaning of Article 1123 and following of the Civil Code cannot in any way purchase on the site, or must do so through the intermediary and under the responsibility of their legal representative. This legal representative is required to comply with the GTC.

  2. PRODUCTS FOR SALE

    a. The products offered for sale are those listed on the site, with a description of their essential characteristics, on the day and at the specific time of the buyer’s site visit, and within the limits of available stock. The seller makes all reasonable efforts to display the availability of products in real time on the site but cannot be held responsible if a product is no longer available to fulfill the order placed by the buyer. In the event of unavailability of one of the ordered products, the buyer will be informed and will have the possibility to either modify their order or cancel it, in which case they will be refunded the amount of their order if they have already made the payment.

    b. The photographs, texts, and other descriptive elements illustrating the products are not part of the contractual scope. If these photographs and/or texts were to be incorrect, the seller’s liability could not be engaged on this basis. The seller undertakes to make their best efforts to promptly correct any errors or omissions after being informed thereof.

  3. SALE PRICES OF PRODUCTS DISPLAYED
    a. The price of each product is displayed on the site (hereinafter the “purchase price”) in euros and including VAT. This price is valid in countries where delivery is possible on the site and does not include preparation and delivery fees, which are also the responsibility of the buyer, nor the deduction of any discounts or vouchers granted to the buyer on a personal basis. The seller reserves the right to modify its prices at any time, but the products will be billed based on the purchase price in effect at the time of validation of the order, subject to availability.

    b. When placing an order, buyers commit to pay, in addition to the purchase price of the ordered products, the preparation and delivery fees (hereinafter the “fees”). These fees vary depending on the type and quantity of products ordered, and the chosen mode of delivery, and include VAT. The buyer can check the amount of these fees on the site by reviewing their “Cart,” where a calculation of the total amount is displayed, corresponding to the purchase price of the products and the fees. The seller reserves the right to modify the amount of the fees at any time, but the fees will be charged based on the rates in effect at the time of validation of the order, subject to availability.

    c. Products are only delivered to countries for which the site allows delivery. Buyers wishing to have their order delivered to one of the authorized countries but to an island within those countries will be charged an additional delivery fee. Any incorrect delivery address is the responsibility of the buyer and may result in additional charges. The indicated delivery times are not binding but are provided purely for indicative purposes. No delay in delivery can lead to the cancellation of the order or the payment of damages to the benefit of the buyer. The seller has the right to make partial deliveries. In the event of non-delivery of goods, any amounts paid by the buyer will be refunded without interest or any other form of compensation.

  4. ORDERS

    a. To place an order, the buyer must complete the order form made available on the site, on which they will provide the necessary information for their identification, including their name, first name, and delivery address. The seller cannot be held responsible for the consequences of providing incorrect information. After completing the order form, the buyer is invited to complete the order process by clicking on “Validate my order,” by which the buyer declares to fully and unconditionally accept these GTC, definitively validates their order, and undertakes to pay the full total amount due, i.e., the purchase price, plus the fees, and minus any applicable vouchers.

    b. The seller will confirm each order by sending an email to the buyer at the email address provided by the buyer during their registration (hereinafter the “order confirmation”). This order confirmation will mention, in particular, the (approximate) date of the order, the ordered product, its purchase price, plus the fees, and the delivery arrangements. The data recorded by the seller, as well as the order confirmation, will constitute proof of the contractual relationships entered into between the parties.

    c. The seller reserves the right to refuse or cancel any order or delivery in case of an existing dispute with the buyer, total or partial non-payment of a previous order, or refusal of payment authorization by credit card institutions. In this case, the seller’s liability could, in no case, be engaged.

  5. PAYMENT

    a. Payment for purchases is made by credit card, such as Visa or Mastercard, and by debit cards such as “Visa Debit,” “Maestro,” and “Bancontact – Mistercash.” Upon validation of the order, the buyer provides the name on their credit card or bank card, the card number, its expiration date (and the control number in the case of a Visa and/or Mastercard). Some issuing banks may require an additional digital signature, such as a digipass. Payment in installments is not possible. If the payment is confirmed, the deduction occurs after the order is invoiced, according to the arrangements agreed upon with the card-issuing bank.

    b. The ordered product(s) remain(s) the property of the seller until the full payment of the purchase price and the fees indicated at the time of the order.

  6. DELIVERY

    a. Delivery is carried out by the seller in Belgium, France, and Luxembourg.

    b. The order is delivered to the home address or the address indicated by the buyer. Orders are handled by GLS, Bpost in Belgium, and Bpost International for other countries.

    c. Upon delivery, a sales invoice is provided to the buyer.

    d. For delivery in Belgium, the seller will make every effort to have the order shipped to the delivery address within 5 working days following the validation of the order and the receipt of payment. The courier will arrive at this address between 8 a.m. and 6 p.m., on business days, and will deliver the parcel(s) to the recipient or any other person present at the specified address. In case of absence, a notice will be left at the delivery address. It will then be the responsibility of the buyer to contact the courier to arrange either a new delivery date to the same address, a new delivery date to a new address, or a pickup at the nearest Post Office or GLS ParcelShop. If the buyer fails to do so within 15 days from the date of the notice left by the courier or if the buyer is absent during the new delivery, the order will automatically be returned to the seller, who will contact the buyer to arrange a new delivery of the order. In this case, additional delivery charges may be billed to the buyer.

    CAUTION: GLS & Bpost make every effort to continue their logistics services, but delays in delivery remain possible.

    e. For delivery outside of Belgium, the seller will make every effort to have the order delivered within 15 days following the validation of the order and the receipt of payment. The delivery arrangements will be specific to the postal services of the relevant country.

    f. The indicated delivery time is an estimation only. Non-compliance with it does not create any right to damages in favor of the buyer.

    g. The transfer of risk to the buyer occurs at the moment when the ordered products are made available to the courier. Proof of this availability will be materialized by the control system used by the courier.

    h. It is the responsibility of the buyer to check shipments upon arrival and to make any justified reservations and claims, or even to refuse the package if it appears to have been opened or shows obvious signs of damage. If there are any claims following the receipt of the order, it is necessary to send an email to the address customer@queenccosmetics.com, with the subject “Delivery Claim,” along with 3 supporting photos, within 48 hours after receiving the order.

  7. WITHDRAWAL AND RETURN POLICY
    a. If the product(s) purchased on the site do not suit the buyer, they have a period of fourteen (14) calendar days, from the day after the day of delivery, to withdraw from the purchase without penalty and without indicating reasons, in accordance with the Economic Law Code.

    Within this period, the buyer must notify the seller of their intention to exercise their right of withdrawal, as follows: 

    • Send an email to customer@queenccosmetics.com 
    • Provide the buyer’s full name and first name 
    • Provide a detailed description of the item(s) being returned

    b. The return to the seller will be made to the following address, unless otherwise communicated to the buyer, by any means of transport chosen by the buyer, who must retain proof of dispatch. Queen C Cosmetics, Waterloo, 13 Clos de la Commanderie, B-1410 Belgium.

    c. All costs and risks related to the return shipment of items are borne by the buyer.

    d. In the event of the buyer exercising their right of withdrawal within the aforementioned period and returning the product(s) no later than fourteen (14) days following the communication of their decision to withdraw in accordance with the arrangements agreed upon in the preceding paragraphs, the seller undertakes to reimburse the purchase price to the buyer, provided that it has already been paid, no later than upon receipt of the product(s) by the seller.

    e. In the event of a refund of returned products, the seller will credit the credit card or debit card used for the payment of said products with an amount equivalent to the purchase price of those products, minus any discounts applied during the order. The buyer’s refund will be made in accordance with the arrangements agreed upon with the card-issuing bank.

    f. If the purchase was made using vouchers, the refund will be in the form of vouchers.

    g. The buyer cannot exercise their right of withdrawal and/or exchange if the delivered product(s) has (have) obviously been used, if the seal has been broken, or if the product(s) has (have) been damaged.

    h. The product(s) must be returned properly protected, in its (their) original packaging, in perfect resalable condition (not damaged, damaged, or soiled by the customer), accompanied by all possible accessories, instructions for use, etc., to the address indicated below. If not, they cannot be returned or exchanged.

    i. Products for which no attached element allows the sender to be identified (return number, order number, name, first name, address) cannot be returned or exchanged either. Products returned but not accepted for return by the seller will be kept available to the buyer at the seller’s premises. The buyer remains obliged to pay for them. In case of abnormal or abusive returns, the seller reserves the right to refuse a subsequent order.

  8. PRIVACY PROTECTION REGARDING USERS’ PERSONAL DATA
    a. The seller collects personal data concerning buyers, which is communicated to them on the site or by email. The seller undertakes not to disclose this data to third parties. This data is confidential. It will only be used by its internal services for order processing, to strengthen and personalize communication, including letters/emails of information, as well as for the personalization of the site based on observed preferences of buyers, or for solvency monitoring.

    b. The seller does not sell, market, or rent to third parties any information concerning buyers. In the event of transfer or use by third parties of personal data, the seller agrees to inform the buyer beforehand in order to allow them to exercise their right of opposition. The seller may also provide consolidated statistics about its buyers, sales, exchange structure, and information about the site to trusted third parties, but these statistics will not contain any personal data. However, this article cannot prevent the assignment or transfer of activities to a third party.

  9. LIABILITY
    a. The seller assumes only an obligation of means for all stages of access to the site, from ordering to delivery or subsequent services. The seller’s liability cannot be engaged for any inconveniences or damages inherent to the use of the Internet network, including a service interruption, an external intrusion, or the presence of computer viruses, or any event that could be considered as force majeure. In any case, the seller’s liability under these CGs cannot exceed an amount equal to the amounts paid or payable during the transaction giving rise to such liability, regardless of the cause or form of the action concerned.

    b. The seller shall not be held liable for force majeure events such as delays in performance or the non-performance of its obligations due to events beyond its normal control, including production interruptions, supply difficulties, or shortages of raw materials, labor, energy, or transportation, or delays in transportation, strikes, lockouts, work stoppages, pandemics, weather conditions, or other collective labor disputes that affect it or its suppliers, even if these events were foreseeable.

  10. INTELLECTUAL PROPERTY
    All elements of the website, whether visual or auditory, including the underlying technology, are protected by copyright, trademarks, patents, and generally by intellectual property law, as well as by the law concerning databases. They are the exclusive property of the seller. The buyer who has a personal website and wishes to place a simple link directly referring to the website for personal use must obtain permission from the seller. This shall not constitute an implied affiliation agreement in such cases. On the other hand, any hyperlink referring to the website and utilizing the techniques of framing, in-line linking, or deep linking is strictly prohibited. In all cases, any link, even tacitly authorized, must be removed upon a simple request from the seller.
  11. CONTACT WITH THE SELLER
    In the event of questions about their purchase, the buyer has the option to contact the seller through the contact form available in the “Contact” section of the seller’s website or via the email address customer@queenccosmetics.com. The seller undertakes to respond to the buyer’s request as promptly as possible.

    If one or more provisions of the General Conditions are deemed invalid or declared as such under a law, regulation, or definitive decision of a competent court, the other provisions shall retain their full force and effect. The General Conditions and the order summary transmitted to the buyer constitute a contractual whole and represent the entirety of the contractual relations between the parties. In the event of a contradiction between these documents, the General Conditions shall prevail.

    These general conditions of sale apply throughout the duration of the transaction between the buyer and the seller.

    Computer records kept in the computer systems of the seller and its partners under reasonable security conditions shall be considered as evidence of communications, orders, and payments between the parties. The parties accept the principle of electronic proof in the context of their relations (e.g., email, backups, etc.).

  12. NULLITY AND ENTIRETY

    If one or more provisions of the General Conditions are deemed invalid or declared as such under a law, regulation, or definitive decision of a competent court, the other provisions shall retain their full force and effect. The General Conditions and the order summary transmitted to the buyer constitute a contractual whole and represent the entirety of the contractual relations between the parties. In the event of a contradiction between these documents, the General Conditions shall prevail.

  13. VALIDITY OF THESE PRESENT GENERAL CONDITIONS OF SALE
    These general conditions of sale apply throughout the duration of the transaction between the buyer and the seller.
  14. EVIDENCE
    Computer records kept in the computer systems of the seller and its partners under reasonable security conditions shall be considered as evidence of communications, orders, and payments between the parties. The parties accept the principle of electronic proof in the context of their relations (e.g., email, backups, etc.).
  15. MODIFICATIONS
    The seller reserves the right to modify the General Conditions of Sale and will communicate the new version to buyers via the website.
  16. APPLICABLE LAW AND COMPETENT COURTS

    These General Conditions of Sale are subject to Belgian law. In the event of a dispute, an amicable solution shall be sought before any legal action. In the absence of an amicable settlement, the courts of the judicial district of Nivelles shall have sole jurisdiction.

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