General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Withdrawal period: the period within which the consumer may exercise the right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
Means of distance communication: a method that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same place at the same time;
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Applicability
These General Terms and Conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated that the General Terms and Conditions can be inspected at the entrepreneur’s premises and will be sent free of charge upon request.
If the contract is concluded electronically, the terms may be provided electronically in such a way that the consumer can easily store them on a durable medium.
If additional product- or service-specific conditions apply, the consumer may always rely on the provision most favorable to them in case of conflicting conditions.
If one or more provisions are wholly or partially invalid, the remainder of the agreement and these terms shall remain in force.
Situations not covered shall be assessed in accordance with the spirit of these General Terms and Conditions.
Article 3 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated.
The offer is non-binding. The entrepreneur may amend or adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. Obvious mistakes or errors do not bind the entrepreneur.
All images and specifications are indicative and cannot give rise to compensation or dissolution of the agreement.
Each offer clearly states the consumer’s rights and obligations, in particular:
-
The price (excluding import VAT and customs clearance costs)
-
Shipping costs
-
How the agreement is concluded
-
Whether the right of withdrawal applies
-
Payment, delivery and execution methods
-
Period for acceptance
-
Whether the agreement is archived
-
How the consumer can check and correct their data
-
Available contract languages
-
Applicable codes of conduct
-
Minimum duration in case of long-term contracts
Optional: available sizes, colors, materials.
Article 4 – The Agreement
The agreement is concluded at the moment the consumer accepts the offer and meets the stated conditions.
If acceptance is electronic, the entrepreneur will confirm receipt electronically without delay.
The entrepreneur will take appropriate security measures for electronic data transfer.
The entrepreneur may verify whether the consumer can meet payment obligations.
Each agreement is concluded subject to sufficient availability of the relevant products.
Article 5 – Right of Withdrawal
When purchasing products, the consumer has the right to withdraw from the agreement within 14 days without giving reasons.
The withdrawal period starts on the day after the consumer receives the product.
The consumer must handle the product and packaging with care.
The consumer must notify the entrepreneur in writing within 14 days if exercising the right of withdrawal.
The product must be returned within 14 days.
Article 6 – Costs in Case of Withdrawal
The consumer bears the direct costs of returning the products.
Refunds will be made within 14 days after withdrawal.
Article 7 – Exclusion of the Right of Withdrawal
The right of withdrawal may be excluded for:
-
Products made to the consumer’s specifications
-
Clearly personalized products
-
Products that cannot be returned due to their nature
-
Products that spoil quickly
-
Opened hygiene products
-
Audio/video recordings or software with broken seals
Article 8 – The Price
Prices will not increase during the validity period of the offer, except due to VAT changes.
No liability is accepted for printing or typographical errors.
Article 9 – Identity of the Entrepreneur
COSMETIGO (varto49 bv)
Lozenberg 21, 1932 Zaventem
info@cosmetigo.be
Company number: BE 0802.239.488
VAT number: BE0802.239.488
Article 10 – Conformity and Warranty
The entrepreneur guarantees that products and/or services comply with the agreement and applicable legal requirements.
The warranty does not apply if products have been repaired or altered improperly.
Article 11 – Delivery and Execution
Delivery takes place at the address provided by the consumer.
Orders will be executed within 30 days unless otherwise agreed.
Risk transfers upon delivery.
Article 12 – Long-Term Transactions
The consumer may terminate agreements with a maximum notice period of one month.
No automatic renewal for a fixed term unless legally permitted.
Article 13 – Payment
Payment must be made within 7 working days unless otherwise agreed.
The consumer must report incorrect payment details immediately.
Article 14 – Complaints Procedure
Complaints must be submitted within 7 days after discovering the defect.
Complaints will be answered within 14 days.
Article 15 – Disputes
Dutch law exclusively applies to agreements covered by these terms.
Article 16 – CESOP
Due to measures introduced and strengthened from 2024 under the implementation of the Payment Services Directive and the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.