General sales conditions
General Sales Conditions of the e-commerce site
Acceptance of the general conditions
The website www.salembier.be (The “Site”) is an e-commerce site. It is produced by the company Nadine Salembier Diffusion (“the seller”), Limited Company, with registered office situated at 18 rue de Wervicq, 7780 Comines (B), entered in the company register under number BE 0413.692.726. It is hosted by the company Defimedia with registered office at Parc Crealys, Rue Phocas Lejeune, 32, B-5032 Gembloux.
The website allows the seller to offer beauty products for sale to surfers visiting the Site. All Product orders made through the site assume that these general sales conditions have been read and accepted explicitly without this acceptance being subject to a written signature on the part of the User. The validation of the order form constitutes an electronic signature, which has the same value between the Parties as a written signature. The User may save or print these general sales conditions, under the condition in any event of not changing them.
These general sales conditions are valid from 1st October 2008. The seller reserves the right to change these sales conditions at any time and without notice. In any event the changes are not applicable to reservations and orders previously accepted and confirmed by the buyer. These conditions are applicable excluding all other documents. The user declares that they do not intend to resell the products purchased. Retailers, interested by the products distributed by N Salembier Diffusion SA, are invited to contact by email: firstname.lastname@example.org.
All the offers for the products made available via the Site are limited to the country for which the site has authorised them. The promotional offers are only valid with the double limitation of the period of validity of the offer concerned and the stocks available.
The Buyer may, before placing their order, read about the special characteristics of the product or products that you wish to order on the website. In the event that one or more of the products required are not available after placing the order, you will be informed by email. You may also cancel an order placed on the website by contacting the customer service at +220.127.116.11.92. Images, graphics and descriptions of the products offered for sale are only indicative and shall not in any way entail the liability of the seller.
The prices are indicated in Euro and include all taxes and are subject to change during the year. The products ordered are invoiced at the amount in force at the time the order is placed. They do not include the postage and packing costs, which are invoiced in addition to the prices for the products purchased according to the amount of the order. The shipping costs will be indicated before registering the order by the Buyer.
All orders assume the agreement without restriction or reserve with these general sales conditions. Once the order is confirmed, the Buyer declares acceptance thereof and of these general sales conditions. Once the order is registered a detailed acknowledgement of receipt will be sent to the buyer, to the email address given by them. This acknowledgement of receipt stipulates the exact amount invoiced and the delivery terms for the order, it is valid as acceptance of the order and validates the transaction. The seller reserves the right to cancel any orders on any legitimate grounds.
All orders are payable in Euro. The buyer can pay with the bankcards accepted on the website. The seller reserves the right to suspend or cancel all orders in the event of non-payment of any amounts owed by the buyer. The delivery of all new orders may be suspended in the event of payment delays of a previous order and this notwithstanding these stipulations.
The products are delivered by TNT, the French post (colissimo), the Belgian post, to the address given by the Buyer on the order form. The delivery will be realised within an average period of 3 to 8 days from receipt of the order form and according to the shipping method chosen. The delivery periods are indicative. Any delays cannot in any event give rise to any right to damages or interests from the seller. The customers duties, notably import or excise taxes due shall be payable by the addressee and may consequently not give rise to any right or claim to compensation from the seller.
In deviation from article 1583 of the Belgian Civil Code, the seller remains the owner of the sold products until the date of the payment in full of the principal and any interests for delayed interests or damages and interests.
Returns and Refunds for products
The products may be returned by the Buyer under strict compliance with the following conditions and instructions:
-The products must be returned in perfect condition for resale, in their original condition (intact and unopened packaging, accessories, note, etc.) and accompanied with a signed return voucher.
-The seller accepts the return if it is returned within 7 days from the date the order is received by the Buyer.
-The postage fees for the return package are payable by the Buyer except in the event of a non-conforming product or an error in the references delivered. The return fees shall be refunded in that case by the seller. Instructions for the returns procedure:
- Use the original packaging to return the product.
- Complete and attach the “Return form” (on the back of the invoice). Returns without the said form shall not be accepted.
- Send the package to the following address: Nadine Salembier Diffusion SA Retour e-commerce Rue de Wervicq, 18 - 7780 COMINES (Belgium). The risk related to the return of the product is payable by the Buyer. Failure to comply with the procedure and periods indicated shall entail that the Buyer shall not be able to submit any claim of non-conformity or visible defect of the products delivered, the products shall consequently be considered conforming and absente of any visible defect.
In the framework of remote sales to consumers falling within the scope of the act of 14 July 1991, amended by the act of 25 May 1999, the consumer has the right to inform the seller that they shall relinquish the purchase, without penalty and without any statement of reason, within seven working days from the day after the delivery date. In the event that this option is exercised, the buyer shall return the merchandise to the seller in their original condition at their own risk and liability and cost with a view to the reimbursement of the merchandise. Returns and reimbursements for products shall be realised on condition that the instructions and procedures for returns as describe in point 7 above are fulfilled. The reimbursement shall be realised by re-crediting the bankcard within 15 days following receipt of the package.
The seller may not be held liable for the non-fulfilment of the contract in the vent of a lack of stock or unavailability of the product due to force majeure, disruption or strike notably of postal services and methods of transport and/or communication. The seller may not be held liable for any indirect damages that may arise from the purchase of the products. The seller rejects any liability: - for any interruptions on the site or occurrence of “bugs” – for any inaccuracies or omissions relating to the information available on this site.
Applicable law and competent jurisdiction
Disputes resulting from the conclusion, validity, interpretation or execution of the contract are exclusively subject to Belgian law. In the event of litigation, only the Courts of the registered office of the seller shall be competent.
Through the simple fact of placing an order on the seller's website, the buyer authorises proceeding to the treatment of their personal information and for it to be used for the purpose of the administration of the clientele, the management of orders, deliveries and invoicing, monitoring solvency, marketing and advertising. Use of the data for personalised marketing or advertising is subject to prior agreement by the customer, given during the ordering process. N Salembier Diffusion SA undertakes only to communicate this information to the needs of its subsidiaries, the exclusion of any other third parties. Customers who have placed an order on the site may ask to consult and correct the personal information recorded at any time. The customer is entitled, on request and free of charge, to object to the use of the information for direct marketing purposes. For more detailed information the customer is invited to contact the public register set-up by the Committee for the Protection of Privacy in Brussels.