Terms and Conditions
Collapsible content
Definition
1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance agreement relating to a range of products and/or services, the obligation of which to deliver and/or purchase is spread over time;
5. Sustainable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
8. Distance contract: an agreement whereby, in the context of a system organized by the entrepreneur for distance sale of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication is used;
9. Technique for distance communication: means that can be used to conclude an agreement, without consumer and entrepreneur having met simultaneously in the same room.
Identity of the entrepreneur
Company Name: Sheri’s SPRL
• Shop Name: Sheri’ Beauty
• Company Address: Molenstraat 39, Aalst 9300, Belgium 🇧🇪
• Return Address: Sheri’s Beauty, Molenstraat 39, Aalst 9300, Belgium 🇧🇪
• Email: sherisprl@gmail.com
• Phone: ☎️ 00329230 76 60
• VAT Number: BE0672918593
Applicability
1. These general terms and conditions apply to any offer by the entrepreneur and to any distance agreement concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge at the request of the consumer as soon as possible.
3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that it can be stored by the consumer in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be taken into electronic means and that they will be sent electronically or otherwise free of charge at the request of the consumer.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
The offer
1. If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the products and/or services offered. Apparent mistakes or apparent errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that the consumer is clear about the rights and obligations associated with the acceptance of the offer. this includes in particular:
* the price including taxes;
* any cost of delivery;
* the way in which the agreement will be concluded and what actions are necessary for this;
* whether or not the right of withdrawal applies;
* the method of payment, delivery and execution of the agreement;
* the deadline for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
* the amount of the rate for remote communication if the cost of using the technique for remote communication is calculated on a basis other than the regular basic rate for the means of communication used;
* whether the agreement is archived after its establishment, and if so, how it can be consulted by the consumer;
* the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore them;
* any other languages in which, in addition to Dutch, the agreement can be concluded;
* the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
* the minimum duration of the distance agreement in the case of a duration transaction.
The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set out in it.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur has good reasons on the basis of this investigation not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
* the visiting address of the entrepreneur's branch where the consumer can go with complaints;
* the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement about being excluded from the right of withdrawal;
* the information about warranties and existing post-purchase service;
* the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the contract;
* the requirements for termination of the agreement if the contract has a duration of more than one year or is of an indefinite duration.
* In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Right of withdrawal
Upon delivery of products:
1. When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to that extent necessary to be able to assess whether he wishes to retain the product. If he makes use of his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. In the event of termination of the agreement, the consumer is obliged to return the relevant products within 14 days. This period starts on the day the consumer makes it known that he wants to use his right of withdrawal on the method indicated by the entrepreneur.
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When providing services:
1. In the esupply of services, the consumer has the possibility to dissolve the agreement without giving reasons for at least fourteen days, starting from the day of entering into the agreement.
2. In order to exercise his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest at the time of delivery.
Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, at most the costs of return shipping will be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after revocation. This is the condition that the product has already been returned by the online retailer or conclusive proof of complete return can be provided.
Exclusion of right of withdrawal
1. The entrepreneur can exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
* which have been established by the entrepreneur in accordance with the consumer's specifications;
* which are clearly personal in nature;
* which by their nature cannot be returned;
* who can quickly spoir or age;
* whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence;
* for separate newspapers and magazines;
* for audio and video recordings and computer software whose seal has been broken by the consumer.
* for hygienic products whose seal has been broken by the consumer.
* Exclusion of the right of withdrawal is only possible for services:
* concerning accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
* whose delivery began with the express consent of the consumer before the cooling-off period has expired;
* concerning betting and lotteries.
The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This bond to fluctuations and the fact that any prices listed are target prices are mentioned in the offer.
3. Price increases within 3 months of the establishment of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the establishment of the agreement are only allowed if the entrepreneur has stipulated this and:
* these are the result of legal regulations or provisions; or
* the consumer has the power to terminate the agreement with effect from the day on which the price increase takes effect.
* The prices mentioned in the offer of products or services include VAT.
* Article 10 - Conformity and Warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the establishment of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
2. A warranty provided by the entrepreneur, manufacturer or importer does not detract from the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Delivery and execution
1. The entrepreneur will take the utmost care in receiving and executing orders of products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with appropriate urgency but no later than 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract at no cost and the right to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement item available. No later than delivery, it will be reported in a clear and understandable manner that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a representative designated in advance and disclosed to the entrepreneur, unless expressly agreed otherwise.
7. If customer provides incorrect address and company package is returned then shipping costs will be paid by customer.
8. If customer has package not picked up at pick up location and package has been returned after a certain period, then shipping costs will be paid by customer.
Duration transactions: duration, cancellation and extension
Cancellation
The consumer may terminate an agreement that has been entered into for an indefinite period of time and which extends to the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of up to one month.
2. The consumer can terminate an agreement that has been entered into for a fixed period of time and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the fixed period, subject to the agreed termination rules and a notice period of up to one month.
3. The consumer may agree to the agreements referred to in the preceding paragraphs:
* cancel at all times and not be limited to termination at a certain time or in a certain period;
* at least cancel in the same way as they were entered into by him;
* always cancel with the same notice period that the entrepreneur has stipulated for himself.
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Extension
1. An agreement that has been entered into for a fixed period of time and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed period.
2. By way of derogation from the previous paragraph, an agreement that is entered into for a fixed period of time and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a certain duration of a maximum of three months, if the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month.
3. An agreement that is entered into for a fixed period of time and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of not more than one month and a notice period of up to three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. An agreement of limited duration until the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the end of the trial or introductory period.
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Duration
1. If a contract has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of not more than one month, unless reasonableness and fairness opposes notice before the end of the agreed duration.
Payment
1. Unless otherwise agreed, the amounts due by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period shall start after the consumer has received confirmation of the agreement.
2. When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s), before the stipulated advance payment has taken place.
3. The consumer has the obligation to report inaccuracies in the payment details provided or mentioned to the entrepreneur without delay.
4. In the event of default by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.
Complaints Procedure
The entrepreneur has a sufficiently disclosed complaints procedure and handles the complaint in accordance with this complaint procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, in full and clearly defined, after the consumer has identified the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved in mutual agreement, a dispute arises that is subject to the dispute settlement.
Disputes
1. Only Belgian law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
2. In the event of disputes, the consumer can turn to Stichting WebwinkelKeur, which will mediate free of charge. If a solution is not yet reached, the consumer has the opportunity to have his complaint handled by Stichting GeschilOnline, the ruling of this is binding and both entrepreneur and consumer agree to this binding ruling.
Additional or derogating provisions
1. Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.