General conditions of Beauty-Market, trade name of the company Kenpro SRL, having its seat at one thousand two hundred and six (1206) chaussée de Haecht (1140), Evere, Belgium.
Article 1. General
1.1. In these terms and conditions, “Beauty-Market” means:
the company Kenpro SRL (VAT BE 0637.747.779).
1.2. These conditions have been placed in full on the online store.
1.3. An agreement with Beauty-Market is also referred to as an “order”.
1.4. These terms and conditions are an integral part of any offer made by and any contract entered into with Beauty-Market, unless otherwise expressly waived in writing.
1.5. Taking into account what is stipulated in Article 6.4, these conditions are also valid in the event that Beauty-Market should call upon third parties for the execution of all contracts.
1.6. In the absence of any other written agreement, the general or specific conditions and clauses of third parties are not recognized by Beauty-Market.
1.7. In the event that the General Terms and Conditions contain terms that conflict with those contained in an “Agreement”, the terms of the “Agreement” shall prevail.
1.8. If any part of the Terms and Conditions is invalid or void, the remaining provisions shall remain in full force and effect and the parties shall use their best efforts to mutually agree upon a valid replacement provision that is as close in scope as possible to the invalid provision.
1.9. Beauty-Market is a commercial company and not the manufacturer of the products it delivers.
Article 2. Offers and formation of a contract
2.1. All offers are without obligation, unless otherwise expressly stated by Beauty-Market.
2.2. The contract is formed when the offer is accepted. An electronically concluded contract is only formed once you have seen the general terms and conditions and have declared (by means of a confirmation button intended for this purpose or by ticking a confirmation box) that you have taken note of these terms and conditions and have accepted them.
2.3. The actual execution of the contract by Beauty-Market or the sending of a confirmation e-mail by Beauty-Market is equivalent to a written confirmation of the offer.
2.4. If the correctness of the content of this confirmation is not contested, in writing or by e-mail, within fourteen (14) days, Beauty-Market and the customer are bound.
2.5. Beauty-Market offers are not automatically valid for additional orders.
2.6. Beauty-Market shall not be liable for compliance with its offer if, in the event of a known error or oversight in said offer, the customer could reasonably be expected to detect the presence of the error or oversight in question.
2.7. More detailed additions, amendments and/or agreements are only valid if they have been agreed upon in writing.
2.8. The act of ordering implies the realization of a trial sale. Following receipt of your order, you have fourteen (14) business days to ensure that the items and/or services ordered meet your expectations and to inform Beauty-Market to the contrary or even return your order, the contract being considered terminated. At the end of this period, the sale is automatically finalized and you become the owner of the item(s).
2.9. The provisions of Article 2.8 do not expressly apply to cosmetic and hair care products, products for which the packaging seals (tubes, bottles, vials, blister packs, etc.) are or must be broken, products of a personal nature and/or which, due to their nature, cannot be returned and/or products which may deteriorate or age prematurely after opening the packaging.
2.12. If an order is not accepted or is subject to more detailed terms and conditions, Beauty-Market will notify the customer within ten (10) business days of receipt of the order, giving reasons.
Article 3. Prices/Price increases
3.1. Unless otherwise stated, all prices are expressed in euros (€) and are inclusive of sales tax, including VAT, for the private site, whereas in the professional version, prices are exclusive of VAT.
3.2. Beauty-Market undertakes not to make any price increase following the formation of the contract, unless said increase is the consequence of regulations and/or legal provisions.
3.3. If this price increase is not due to legal regulations and/or provisions, the consumer has the right to withdraw from the distance contract around the time the price increase comes into effect.
3.4. Beauty-Market is not bound to its offer or its prices, if there are lapses, misprints, typographical errors, color defects or programming errors in its magazines, mailings or on its website.
Article 4. Delivery
4.1. If goods are available in stock, they will be sent as soon as possible after receipt AND payment of the order. Beauty-Market is entitled to charge shipping costs for the shipment of ordered goods. Delivery of the ordered goods is made to the delivery address known to Beauty-Market, the latter not being of a temporary nature. The goods are delivered to the person present at the delivery address.
4.2. The customer is required to sign to confirm receipt of the products.
4.3. If the customer refuses the purchased items or fails to provide information or instructions, which are necessary for delivery, the items will be stored at the customer’s expense and risk.
4.4. Beauty-Market will have, unless proven otherwise, fulfilled its delivery obligation as soon as the goods delivered by Beauty-Market have been offered for pick-up to the customer at the address indicated by the latter. In the case of a home delivery, the carrier’s report, acting as a refusal of acceptance, shall be considered full proof of the proposed delivery, unless proven otherwise.
4.5. In case of refusal of the proposed goods, the delivery costs are entirely at the customer’s charge.
4.6. For orders up to € 39.00 delivered in Belgium, Beauty-Market charges € 4.95 for shipping. For orders up to € 39,00 delivered in Luxembourg and the Netherlands, Beauty-Market charges € 7,50 shipping costs. For France, the delivery costs are eight euros (8.00) for any shipment under € fifty-nine (59.00). Beyond that, the shipping costs are free.
4.7. As soon as the package has been sent, Beauty-Market will send a “shipment confirmation” to the customer’s e-mail address. If the product ordered cannot be delivered or if the delivery cannot be made within the given time, Beauty-Market will contact the customer. If the order is not delivered within four (4) days after receipt of the shipment confirmation and without giving reasons, the customer must inform Beauty-Market immediately.
4.8. If you have moved and failed to notify Beauty-Market in writing, then delivery to the address known to Beauty-Market at the time the order was placed will be considered a valid delivery.
4.9. Beauty-Market is not responsible for any damages you may suffer as a result of late communication of a change of address. You are responsible for any additional or extra shipping, transportation or return costs that may result.
Article 5. Delivery time
5.1. A delivery time communicated by Beauty-Market should never be considered as a fatal delay. This delivery period starts upon receipt of the payment of the invoice and all necessary data by Beauty-Market, after which Beauty-Market will proceed with the delivery within two to four days (working days and for the Benelux, except in case of force majeure (see Article 7).
5.2. Within the framework of the rules in force for remote sales, Beauty-Market will carry out the orders with all the diligence required, but however within a minimum of seven (7) days. If this is not possible (insofar as the ordered items are not in stock or can no longer be delivered), or if there is a delay for any other reason, or if an order cannot be carried out or can only be carried out in part, the customer (client) will be informed of this within four (4) (working) days after the order has been placed, and will have the right to cancel the order without incurring any costs and without giving any notice.
Article 6. Cancellation
6.1. Without prejudice to Beauty-Market’s rights under the law, Beauty-Market is entitled, by means of a written declaration to the customer, to suspend or terminate the contract in whole or in part with a claim for damages against the customer, if (non-limiting list)
a. After the conclusion of the contract, circumstances come to Beauty-Market’s attention on the basis of which Beauty-Market has good reason to fear that the customer will not comply with its obligations;
b. Beauty-Market is not able to determine the residence or permanent address of the customer.
6.2. If circumstances arise with respect to the materials that Beauty-Market uses or is accustomed to use for the execution of the contract, which are of such a nature that the execution of the contract becomes impossible or particularly difficult and/or unreasonably expensive, so that compliance with the contract can no longer be reasonably demanded, Beauty-Market is entitled to withdraw from the contract.
6.3. If the customer makes valid use of his right of withdrawal and returns the product, the return shipment and the resulting costs shall be at his own expense and risk.
6.4. Before proceeding with a return shipment, the customer must notify Beauty-Market within fourteen (14) business days after delivery. The customer is obliged, if requested by Beauty-Market, to prove that the delivered goods were returned in a timely manner (at the latest fourteen (14) working days after delivery), e.g. by means of a proof of delivery by post.
6.5. Returned goods must be sent in the original packaging (with accessories and related documentation) and must be in new condition. If the goods have been used, encumbered or damaged in any way at the customer’s premises, the right of withdrawal is cancelled. Taking into account the facts stipulated in the previous sentence, Beauty-Market will confirm, following the receipt and control of the returned goods, the termination of the sale by return mail and will gracefully ensure the refund of the total amount of the purchase within thirty (30) days following the proper receipt of all returned goods.
Article 7. Force majeure
7.1. Force Majeure refers to all circumstances beyond the control of Beauty-Market, including, but not limited to, strikes at Beauty-Market and/or its suppliers, Internet or WAP failures, power failures, e-mail failures and disruptions or changes in the technology provided by third parties, which make it impossible to deliver the goods, in addition to what is understood in this respect in the law and jurisprudence.
7.2. A case of force majeure can also be invoked if the circumstance that prevents (further) compliance with the contract occurs after Beauty-Market should have fulfilled its obligations.
7.3. If the period during which the fulfilment of the obligation incumbent on Beauty-Market is impossible due to force majeure lasts longer than two (2) weeks, both parties are entitled to terminate the contract, without this leading to an obligation to pay damages.
Article 8. Warranty
8.1. Beauty-Market does not offer any other warranty on the delivered goods than the warranty (warranty conditions) of the manufacturer of the goods, without prejudice to the customer’s rights and obligations arising from mandatory legal provisions.
8.2. However, Beauty-Market is not responsible for the suitability of the goods for the specific application intended by the customer, nor for any advice regarding the use or application of the goods in question.
8.3. The customer is obliged to inspect the delivered goods directly upon receipt. If any of the delivered goods are found to be incorrect, defective or incomplete, the customer is required to notify Beauty-Market directly in writing (and before returning the goods to Beauty-Market). Any defects or misdeliveries must and can be reported to Beauty-Market in writing up to fourteen (14) days after delivery. Returned goods must be sent in the original packaging (with accessories and related documentation) and must be in new condition.
In the event of use after the discovery of defects, damage after the discovery of defects, or use and/or resale after the discovery of defects, this right of complaint and return is cancelled in its entirety.
8.4. If the customer’s claims are found to be justified by Beauty-Market, Beauty-Market will either replace the delivered goods free of charge or enter into a written settlement of damages, this choice being left to its discretion, it being understood that Beauty-Market’s liability and, consequently, the amount of damages will always be limited at most to the amount of the invoice for the goods in question, or (at Beauty-Market’s discretion) to the maximum amount covered by Beauty-Market’s liability insurance in this case.
8.5. Beauty-Market’s liability for any other form of damages is excluded, including but not limited to additional damages in any form, compensation for indirect damages, consequential damages or damages for loss of profit.
8.6. Beauty-Market is not liable for damages caused by fraud or any comparable intentional reckless conduct on the part of non-executive personnel.
8.7. This warranty is not valid if:
a. and as long as the customer is in default to Beauty-Market;
b. the customer has repaired and/or adapted the delivered goods himself or had them repaired or adapted by third parties;
c. the delivered goods have been exposed to abnormal conditions, have been treated negligently in any other way, or have been handled in a manner that does not comply with Beauty-Market’s instructions and/or the instructions for use on the packaging;
d. the defect is wholly or partly attributable to prescriptions which have been or will be made by the public authorities with regard to the nature or quality of the materials used.
8.8. A warranty activation is only valid with the submission of the warranty certificate and the invoice.
Article 9. Payment
9.1. In the absence of any other agreement, the order must be paid in advance by means of a bank or postal transfer. Payment by instalments is not possible.
9.2. If, ten (10) days after the invoice date, payment has not yet been made, the customer shall be in default by operation of law and shall be liable to pay interest on the amount due from that moment onwards at the rate of one (1) percent per month, unless the statutory interest is higher, in which case the statutory interest shall apply, in which case a part of a month shall be deemed to be a whole month.
9.3. In the event of bankruptcy or suspension of payment on the part of the Customer or if such a request has been made, the claims of Beauty-Market and the obligations of the Customer to Beauty-Market shall become due immediately.
9.4. If Beauty-Market is forced to dispose of its claim for collection, the customer shall be liable for the extrajudicial costs of such collection, which amount to fifteen (15) % of the amount due, with a minimum amount of € two hundred and fifty (250,00).
9.5. If Beauty-Market is able to prove that it has incurred higher costs, which were reasonably necessary, these shall also be considered for compensation.
Article 10. Privacy Policy
10.1. Beauty-Market respects the privacy of its website visitors and is the sole owner of the information obtained through this website, unless otherwise stated. Beauty-Market will not sell, share or rent this information to third parties in any manner other than as set forth in this privacy statement.
10.2. Any information that would allow the identity of a visitor to the Beauty-Market website to be inferred is provided voluntarily by the visitor. This type of information may be used within Beauty-Market (and all of its subsidiaries and brands) in order to make visits to our websites easier and more enjoyable. It is also possible that this information will be used for analysis and to communicate information about the product portfolio offered by Beauty-Market. The customer gives his express permission for this.
10.3. Beauty-Market is, in exceptional cases, entitled to publish information about a visitor when there is reason to assume that the publication of such information is necessary for the purpose of identifying, contacting or bringing legal action against a person who, whether or not intentionally, is harming or causing damage to the rights or property of Beauty-Market, other users of its website or any other person who may be harmed thereby. Beauty-Market is entitled to disclose information about users of its site when Beauty-Market believes, to the best of its knowledge and belief, that such action is required by law.
10.4. Beauty-Market collects non-personal information about visitors to its website in order to determine the total number of visitors and the type of Internet browser and operating system used.
10.5. Personal data may be deleted at the request of the site visitor, provided that this does not require disproportionate effort or expense on the part of Beauty-Market.
Article 11. Intellectual property rights
11.1. Unless otherwise expressly agreed in writing, Beauty-Market and/or its suppliers are the sole owners of all copyrights and other intellectual and industrial property rights in the goods or services supplied by Beauty-Market, including trademark rights, site rights, design rights, patent rights, etc.
11.2. The parties undertake to take sufficient measures to ensure the secrecy of their mutual confidential data, which data shall be made known to them during the performance of the contract.
Article 12. Applicable law
12.1. All offers and contracts of Beauty-Market are exclusively governed by Belgian law. Any contract concluded with the application of the present general conditions is considered to have been concluded on Belgian territory.
Article 13. Litigation
13.1. In case of questions and/or complaints, the customer can contact our sales department from Monday to Friday from 9am to 5pm (GMT+1) via the contact form.
Complaints are generally processed within 24 to 48 hours.
If this is not possible for any reason, the customer will be informed of the duration of the delay.
Article 14. Applicability of the general conditions
14.1. The present general conditions are applicable to all contracts concluded with Beauty-Market.
