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Terms and Conditions

Terms and Conditions

ARTICLE 1 - DEFINITIONS

In these conditions the following terms have the following meanings:

Entrepreneur: the natural or legal person who offers products and / or services to consumers from a distance;

Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

Distance contract: an agreement whereby, in the context of a system organized by the entrepreneur for the distance sale of products and / or services, up to and including the conclusion of the agreement, you only use one or more techniques for distance communication. ;

Technology for distance communication: means that can be used to conclude an agreement, without the consumer and the entrepreneur being together in the same room at the same time;

Reflection period: the period within which the consumer can make use of his right of withdrawal;

Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;

Day: calendar day;

Duration transaction: a distance contract with regard to a series of products and / or services, the delivery and / or purchase of which is spread over time;

Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.

1.1 USE OF THE SITE

We do our best to ensure that the information on this site is accurate and up to date and reserve the right to correct this information at any time without notice. However, we do not guarantee the correctness, precision or completeness of the information on this site. We therefore decline any responsibility in the following cases, except in the case of serious error or intent:

For unclear, incorrect or incomplete information on the site;

For damage resulting from a fraudulent break-in by a third party that led to a change in the information on the site;

And more generally any direct or indirect damage, regardless of cause, origin, nature or consequences, resulting from the access of any person to the site or the inability to access the site, from the use of the site and / or the credit attributed to information coming directly or indirectly from the latter;

All instructions on our paper or digital offers are communicated subject to mistakes and typing or printing errors;

1.2. GENERAL

These general terms and conditions only regulate the sale of products that are offered on the site, by letter or by telephone or the beauty evenings. For orders via the Internet, the buyer has systematic access to these general terms and conditions before confirming his order. Therefore, every order implies the buyer's agreement with these general terms and conditions, to the exclusion of all other terms and conditions from brochures, catalogs of the seller and more specifically those in force in the DS Beauty stores. These conditions are purely indicative.

1.3. INFORMATICS

Publisher of the site:

DS Beauty / Power2Heal / Stavrianidis

Tremelobaan 27, 3140 Keerbergen

Belgium

Host of the site: Shopify.com

1.4. CUSTOMER SERVICE

Our customer service is at your disposal for information, questions, advice or complaints.

By letter to:

Stavrianidis D.

Tremelo track 27

3140 Keerbergen

By mail:

On dimi@ds-beauty.eu

We undertake to reply to you within 7 working days of receipt of your request. The costs incurred by the consumer remain at his expense.

1.5. OFFERS AND PRICES

Promotions are only valid within the double condition of the validity of the offer in question and the available stock.

The prices on this site are in euros, inclusive of taxes and exclusive of postage or availability costs (see Delivery) and may change during the year, except that ordered products will be charged at the price in effect at the time of registration. from the order.

  1. PROHIBITION ON SALE OUTSIDE THE NETWORK

Our products are intended for sale only in our distribution networks. Any sale and purchase or handover as a gift of our products for resale outside these networks, including through websites, is prohibited and may give rise to a claim based on the civil and, where appropriate, criminal liability of the authors, regardless of an infringement of the brand or the integrity of the products.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

DS Beauty / Stavrianidis Dimitrios

Tremelo track 27

3140 Keerbergen

Phone number +32 492 96 96 00

Opening hours: AFTER appointment

E-mail address: dimi@ds-beauty.be

Company number: BE0547568166

ARTICLE 3 - APPLICABILITY

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.

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 electronically in such a way that they can be can be easily stored 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 inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him. is.

ARTICLE 4 - THE OFFER

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

the price including taxes;

the possible costs of delivery;

the way in which the agreement will be concluded and which actions are required for this;

whether or not the right of withdrawal applies;

the method of payment, delivery or your performance of the agreement;

the term for accepting the offer, or the term for adhering to the price;

the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;

if the agreement is filed after the conclusion, how it can be consulted by the consumer;

the way in which the consumer can obtain information about actions that he does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded;

any languages in which, in addition to Dutch and French, the agreement can be concluded;

the behavioral codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioral codes electronically; and

the minimum duration of the distance contract in the case of an agreement that extends to the continuous or periodic delivery of products or services.

ARTICLE 5 - THE AGREEMENT

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to your performance.

The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

the visiting address of the business location of the entrepreneur where the consumer can go with complaints;

the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

information about existing after-sales service and guarantees;

the information included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to your execution of the agreement

the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.

ARTICLE 6 - RIGHT OF WITHDRAWAL ON DELIVERY OF PRODUCTS

For hygiene reasons, care products cannot be returned.

ARTICLE 7 - COSTS IN THE EVENT OF WITHDRAWAL

If the consumer makes use of his right of withdrawal, the costs of return are for his account.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.

ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.

For hygiene reasons, care products cannot be returned.

ARTICLE 9 - THE PRICE

During the period of validity stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes as a result of changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

they are the result of statutory regulations or provisions; or

the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

ARTICLE 10 - CONFORMITY AND WARRANTY

The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations.

A scheme offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur towards the entrepreneur on the basis of the law and / or the distance contract.

You also benefit from the legal guarantee for hidden defects on the delivered goods. A complaint for hidden defects that are not due to a case of force majeure, to an incorrect action by you or a third party or due to normal wear and tear, must be submitted by e-mail to our customer service department, and this at the latest 2 months after discovery of the hidden defect. If such notification is not made within a period of 2 months after the discovery of the hidden defect, you will lose your right to file a complaint for hidden defects. Our Customer Service will indicate which steps you must follow to return the goods. In any case, the possible return of the goods can only take place after our prior written confirmation.

If a delivered product does not correspond to your order and provided that the procedure stated in ARTICLE 10.1 has been followed, we undertake to replace the product. If the replacement is not possible or is disproportionate, we undertake to refund all payments received, including the delivery costs. If a purchase receipt was used with your order, the net amount (ie the purchase price less the amount of the purchase receipt) will be refunded to you. At your express request to our customer service, you will receive a new purchase receipt that you can use for a subsequent purchase.

ARTICLE 11 - DELIVERY AND PERFORMANCE

The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer makes known to the company.

With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than one month after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.

In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur.

The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.

ARTICLE 12 - DURATION TRANSACTIONS

The consumer can terminate an agreement that has been entered into for an indefinite period at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.

A fixed-term agreement has a maximum term of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the contract will be continued as a contract for an indefinite period and the notice period after continuation of the contract will be a maximum of one month.

ARTICLE 13 - PAYMENT

Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or, in the case of an agreement to provide a service, within 14 days after delivery of the documents relating to this agreement.

When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. When prepayment has been stipulated, the consumer cannot assert any rights whatsoever with regard to the execution of the order or service (s) before the stipulated prepayment has been made.

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of non-payment of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

ARTICLE 14 - COMPLAINTS PROCEDURE

The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the implementation of the agreement must be submitted to the entrepreneur promptly, fully and clearly described, after the consumer has discovered the defects.

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 reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.

ARTICLE 15 - HANDLING OF COMPLAINTS AND DISPUTES

We always hope to fully satisfy our clients. However, if you wish to formulate a complaint regarding our products or services, please do not hesitate to contact customer service. We do what is necessary to handle your complaint within 14 days.

Every contract concluded with our customers, regardless of the customer's place of residence, is exclusively governed by Belgian law and only the Belgian courts are competent to hear any disputes. If another law is applicable under international law, reference is firstly, for the interpretation of these general terms and conditions, to Belgian law on market practices and consumer protection.

As a customer you can also submit a complaint via the “Online Dispute Resolution” platform of the European Commission.

ARTICLE 16 - WE TAKE PRIVACY VERY SERIOUSLY

The personal data we process depends on how you use our services. We use your personal information to tailor our online and shopping services to your preferences, to offer you purchases and services, to handle your requests, to contact you about special products and services that may be of interest to you , to organize prize draws, games or competitions or to perform relevant administrative services. All personal data is processed in accordance with applicable data protection law. Please see our website for a full version of our privacy policy.

ARTICLE 17 - MARKETING COMMUNICATIONS - PERMISSION

By accepting these terms and conditions and by checking the appropriate box (newsletter) you confirm that you would like to receive fantastic news and offers tailored to you as explained in the marketing communications in section 5 of our privacy policy.

You further consent to our use of information about beauty and health products for marketing purposes as explained in the privacy policy, if you purchase beauty or health products (online or in-store) with your loyalty card for this purchase.

You can opt out of such marketing at any time and withdraw your consent in 'My Account' or directly in the communication received. Such opt-out will not affect the other services under this program.

For more information about how we handle your personal data, please see our privacy policy.

ARTICLE 18 - ADDITIONAL OR DIFFERENT PROVISIONS

Additional provisions or provisions deviating 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 medium.

ARTICLE 19 - Loyalty system, beauty points

  1. Application of these general terms and conditions

These general terms and conditions apply with regard to all aspects in the relationship between the Customer and DS Beauty in connection with the beauty points system. Using the beauty points implies unconditional and full acceptance of these General Terms and Conditions.

  1. How to collect beauty points?

The Customer receives one (1) Reward Point for each purchase tranche of one (1) euro with and only for purchases made online through our website www.ds-beauty.eu

An overview of the collected beauty points can be consulted when the Customer logs in to

  1. Redeeming beauty points

The collected beauty points can only be paid out as a discount on an order given through our website www.ds-beauty.eu , an order must be at least 50 Euro incl. VAT excl. shipping costs to be able to use the beauty points / discount

Each point collected is worth 0.01 Euro.

beauty points cannot be exchanged for cash under any circumstances.

4 Personal nature of the beauty points

The beauty points are strictly personal. The beauty points are not transferable, even in

in case of termination of the agreement with DS Beauty for any reason.

5 Consequences of abuse of the beauty points

In the event of abuse of the beauty points or of the discounts or in case of any other non-compliance with these General Terms and Conditions, DS Beauty can withdraw access to the website with immediate effect and / or prevent its further use.

In such a case, the Customer cannot assert any claim against DS Beauty. The beauty points already collected in accordance with article é will expire immediately and can

  1. General provisions

6.1. Changes to these general terms and conditions

DS Beauty is free to change these general terms and conditions at any time and these changes will apply from the first communication thereof, via any medium whatsoever (eg Website). However, such changes will only apply in the future, and the Customer always has the right to refrain from any further use of the beauty points.

6.2. Exclusion of other terms and conditions

Any general terms and conditions used by the Customer can in no way apply to the relationship between the Customer and DS Beauty.

4.6.3. Not detracting from more specific conditions

These General Terms and Conditions apply to the relationship between the Customer and DS Beauty, unless the Customer and DS Beauty agree on special conditions in writing that deviate from this. These General Terms and Conditions do not affect the more specific conditions that DS Beauty would use with regard to, among other things, but not limited to, the DS Beauty privacy statement.

6.4. Limitation of Liability

DS Beauty is in no way liable for any direct or indirect damage to the IT system or devices of the Customer resulting from the use of the beauty points DS Beauty declines any responsibility in the event of interruption, even temporary, of the services. connected to the beauty points, either online, in a branch or anywhere else. DS Beauty cannot be held liable for any indirect or consequential damage or for any damage.

6.5. Discontinuation of the beauty points program

DS Beauty reserves the right to discontinue the beauty points program in whole or in part (this means, for example: some parts or with regard to a group of people), without having to give reasons for this. In the event of termination, DS Beauty will notify the Customer of this and give the Customer the opportunity for a further period of 3 months to exchange the available points balance and use the points in accordance with these General Terms and Conditions.

6.6. No distance

The failure by DS Beauty to enforce any provision of these General Terms and Conditions or the failure to take any action with regard to the Customer in the event of a possible infringement of any provision cannot be interpreted as any waiver of claim or right with regard to such provision or infringement, unless this is confirmed in writing by DS Beauty. In any case, this cannot be interpreted as any waiver of claim or right in respect of any future infringement.

6.7. Evidence

The Customer accepts that communications with DS Beauty and stored electronic files can serve as evidence and that telephone conversations with DS Beauty can be recorded to serve as evidence of any relevant fact.

6.8. Jurisdiction and Governing Law

Belgian law applies to these General Terms and Conditions. Only the Belgian courts are competent.

6.9. Complaints and questions.

by email (dimi@ds-beauty.eu),

DS Beauty makes every effort to respond to the complaint as quickly as possible, and at the latest within 72 hours, and

always strives to find a satisfactory solution.

6.10. Address change

If the Customer changes mail or e-mail address, DS Beauty must be notified in writing via the website.

  1. THE ORDER

We draw your attention to the fact that:

An order cannot contain more than 9 items with the same product reference.

When registering your order, a detailed receipt will be sent to your email address. This receipt states the correct amount charged and the delivery terms of your order. You accept that our order registration systems are proof of the nature and date of the agreement.

We reserve the right to cancel any order from a customer in arrears or a dispute regarding the payment of a past order, an outstanding balance of more or any other lawful reason related to the abnormal nature of the order.

All orders must be paid in advance before delivery of the products takes place

  1. AVAILABILITY OF THE PRODUCTS

The offers on the site are valid as long as the products are in stock. If a product you have ordered is unavailable, DS Beauty reserves the right to send you all available products after a maximum period of 8 days. The rest will be sent as soon as the item (s) is (are) available. If you wish, you can cancel and change the balance of your order (refund within 15 days). You can contact us for this

If a product is definitely unavailable, we will notify you in writing

  1. PAYMENT

You can pay via Bancontact / Maestro app or PayPal with the order, bank transfer, visa or mastercard

Payment is made according to the payment method that the commercial offer concerned allows. Online payment by bank card or Bancontact / Maestro is completely secure. The transaction is encrypted in SSL (Secure Socket Layer) mode and sent to a bank server for authentication. You can make your purchases in complete safety.

The information provided by the customer is intended for internal use by DS Beauty. The customer accepts that this data can be communicated to organizations that are contractually bound to DS Beauty. The customer has the right to access and rectify his personal data, as provided for by the law of 8 December 1992 on the protection of privacy with regard to the processing of personal data. For questions about this privacy policy or the processing of your personal data and for any complaint regarding our use of your data, please contact customer service: by email: dimi@ds-beauty.eu

  1. DELIVERY

The products are delivered worldwide, in accordance with the address of your choice that you entered during the order. You must provide all information necessary for the correct shipment of your order. Each order for which the items are in stock will be delivered within 14 working days from receipt of your order form by DS BEAUTY

  1. REFUND / RETURN / SATISFIED OR MONEY BACK

For hygiene reasons, care products cannot be returned.

  1. LIABILITY

The proposed products comply with the applicable Belgian legislation.

DS Beauty cannot be held liable for the non-performance of the concluded contract if the product is not in stock or available, in case of force majeure, total or partial failure or strike of the postal services and the means of transport and / or communication. DS BEauty cannot be held liable for indirect damage as a result of this, operating loss, loss of profit, loss of opportunity, damage or costs.

The hyperlinks may lead you to other than this website. DS Beauty declines all responsibility if the content of these websites would violate the applicable legal and regulatory provisions.

DS Beauty also reminds that the creation of a hyperlink to the homepage of this site or to any other page of the site is subject to the express, prior and written agreement of DS Beauty.

  1. APPLICABLE TEXTS / JURISDICTION

This contract is governed by Belgian law. In the event that a dispute arises and you have not been able to resolve this directly with DS Beauty, you can also contact the Consumer Ombuds Service (North Gate II, Koning Albert II-laan 8 bus 1 - 1000 Brussels; Tel .: 02 / 702.52. 00; Fax .: 02 / 808.71.20; email: contact@consumentenombudsdienst.be). If it concerns a cross-border dispute online, you can contact the European platform ODR (Online Dispute Resolution) via the website: https://ec.europa.eu/consumers/odr. In the event of a dispute and in the absence of reconciliation with the consumer, the court of Mechelen will have sole jurisdiction.

  1. AMENDMENT OF THE GENERAL TERMS AND CONDITIONS

Taking into account the possible evolutions of the site, DS Beauty reserves the possibility to adapt or change these general terms and conditions at any time. In that case, the new terms and conditions will be communicated to the customer by online amendment and will apply to any sale made after the change.