General Terms and Conditions of Sale
"CUSTOMER": THE USER making a purchase on the SITE.
"Minca Beauty": The company Minca Beauty, whose registered office is located at Rue de la sécurité 2, boîte 5, 1081 Brussels, Belgium.
"SITE ": defines the mincabeauty.com website whose purpose is the ONLINE SALE of beauty products to individuals.
"USER": Any Internetuser connected to the WEBSITE.
The present general conditions of sale govern the contractual relations between Minca Beauty and the CUSTOMER and are applicable to any order made through the WEBSITE.
- Opposability of the general terms and conditions of sale
The sale of products offered by Minca Beauty is subject to the present general conditions. Any order on the WEBSITE implies the CUSTOMER's full and unreserved adherence to the present general terms and conditions of sale. The contract entered into by the CUSTOMER when purchasing products on the SITE is an electronic contract subject in particular to the rules of Chapter VII of the Civil Code entitled "Contracts in electronic form. ». After having checked the details of the order and its total price and after having corrected any errors in the wording, the CLIENT is irrefutably deemed to have read the general terms and conditions of sale of Minca Beauty and to have accepted them after having clicked on the dedicated area. The present general terms and conditions of sale prevail over any other document not expressly accepted by Minca Beauty. The fact that Minca Beauty does not avail itself of the provisions of these general terms and conditions of sale does not constitute a waiver of its right to avail itself of them at a later date. Minca Beauty reserves the right to modify its general terms and conditions of sale at any time. In this case, the modifications will be applicable to sales contracted after the modified general terms and conditions of sale have been put online on the WEBSITE.
- Products offered for sale online
The products offered for sale online are those presented on the SITE. The products are illustrated by one or more photographic shots and/or illustration(s) and/or video(s) to enable the buyer to visualize the product as faithfully as possible before possibly finalizing his purchase and its essential characteristics are described in accordance with the consumer code. However, due to the technical hazards related to the use and quality of the screen used by the CUSTOMER to view the products for sale on the WEBSITE, the buyer is informed that the graphic representations representing the products for sale are present for illustration purposes only. Minca Beauty makes the best possible efforts to ensure the most faithful correspondence to the products offered for sale with the description accompanying them. The CUSTOMER must therefore read the product description and, in case of doubt, contact Minca Beauty by any means to obtain the necessary details before proceeding with the purchase.
- Unavailability of the product
Product offers and prices listed on the SITE are valid while stocks last. In case of unavailability of a product, Minca Beauty will inform the CUSTOMER as soon as possible by any means. The CUSTOMER may confirm his order by accepting a longer delivery time than initially indicated or request a refund of the product on the basis of the price that may have been invoiced.
The prices of the products appearing on the WEBSITE are expressed in euros (€) and must be understood to be inclusive of all taxes (VAT included). These prices do not include delivery and parcel preparation costs, which will be indicated before the final validation of each order. The prices of the products can be modified at any time by Minca Beauty. The CUSTOMER is therefore invited to carefully consult the prices before proceeding with his purchases.
The CUSTOMER has the opportunity to check the details of his order and its total price and to correct any errors before definitively validating it. The order is definitively recorded after validation of the acceptance of the general terms and conditions and the payment operation and its acceptance by the banking establishment. The CUSTOMER then receives a confirmation e-mail indicating the essential elements of the order placed (order reference, list of products ordered, price reminder, etc.). The validity of the transaction is subject to the absence of any previous unresolved dispute that may have arisen between the CUSTOMER and Minca Beauty, which reserves the right to cancel the transaction in such a case.
- Payment and invoice
The CUSTOMER can pay for his purchases by Paypal, credit card, bank transfer or by cheque. To ensure the security of online banking transactions, Minca Beauty has chosen the STRIPE solution. Thus, credit card numbers never circulate unencrypted on the web. Any order paid by cheque will be validated only upon receipt of the signed order form accompanied by the payment. Cheques should be made out to Minca Beauty and sent to : Minca Beauty - Rue de la sécurité 2, box 5, 1081 Brussels, Belgium. In the event of payment by cheque, the transfer of property relating to the purchase of the ordered products will only take place if sufficient funds are available to honour the payment by cheque. In case of payment by bank transfer, any absence of payment within 5 days of the order will lead to the cancellation of the order. Purchase invoices are sent electronically to the CLIENT.
The products are sent to the delivery address that the CUSTOMER indicated during the order process. Delivery charges are calculated according to the weight and volume of the package and the distance of delivery. The delivery of the order is ensured by BPOSTE. For any order placed on a non-working day or on a public holiday, the announced delivery times do not start until the first working day following the date of the order. Upon dispatch of his order, the CUSTOMER is informed by an Email. Any delay of delivery must be indicated to Minca Beauty to allow the carrier to check the issued claim. The delivery is made by BPOST: the order is delivered from Monday to Saturday at the time of passage of the postman directly to the address indicated. In case of absence or impossibility of delivery of your package, the postman will leave a delivery notice mentioning the date and address of the post office where you can collect your package upon presentation of proof of identity. From the date mentioned on the notice of passage, you have 15 days to collect your package. After this period, it will automatically be returned to its sender. You can track the package by logging on to the BPOST website to find out where it is thanks to the tracking number that is given to you.
- Right of withdrawal
As from the purchase made online, the consumer benefits from a 14-day withdrawal period to cancel the purchase. In accordance with the Consumer Code, the CUSTOMER also has a legal period of fourteen (14) days from the day of receipt of the package to return it. If this period expires on a Saturday, Sunday or holiday, it is extended until the first following business day.
For any return, the CUSTOMER is required to complete the return form provided in the documents accompanying the product and then attach it to the returned item(s). He can also find this form in the "return" section on the WEBSITE or log into his account and go to the "my orders" section.
The address for the return of the products is the one indicated on the withdrawal form, i.e. :
Rue de la sécurité 2, boîte 5
The product must be returned in its original packaging, unused and in perfect condition. Any observation of a degradation such as it is of the returned products will prohibit the CUSTOMER from being able to benefit from a refund and the products concerned will not be taken back by Minca Beauty. The package will then be returned to the CUSTOMER at his expense.
Any return accepted by Minca Beauty, initiates a process of refunding intervening within a maximum delay of fourteen days as from the day when Minca Beauty receives the article, subject to the good state of restitution of the products.
- Transfer of ownership / transfer of risk
The transfer of ownership of the products to the CUSTOMER occurs only after full payment of the price by the latter, regardless of the delivery date of the said products. However, the transfer of the risks of loss and deterioration of the products will be made to the benefit of the CLIENT as soon as they are actually received. In the event of damage or loss, the CUSTOMER is therefore responsible for making the necessary reservations directly to the carrier of the package, who is required to register them and then exercise the required recourse with the carrier at fault.
Minca Beauty replaces or reimburses any item with a hidden defect. In order to conform to the order, the good must correspond to the description given on the WEBSITE and have the qualities presented or present the qualities that a buyer can legitimately expect in view of the public statements made by Minca Beauty. The return costs will be reimbursed, upon proof, after return of the product if the lack of conformity is proven. The CUSTOMER is therefore invited to keep the proofs of his return. Failing this, if the CUSTOMER does not enclose his proof, he will be reimbursed at the basic postal rate for the delivery of a parcel.
Access to the WEBSITE requires an Internet connection. The USER acknowledges that the Internet network is subject to possible interruptions and/or slowdowns in its operation and that Minca Beauty cannot be held responsible for this. Minca Beauty cannot be held responsible for problems related to the USER's connection to the Internet, computer viruses transmitted via this network or by any other means, or any malicious acts carried out via this network or by any other means. Minca Beauty is not responsible for any damage caused to the USER's equipment and/or data via the Internet or by other means. Minca Beauty does not guarantee the continuity of the use of the WEBSITE, which can be used by the USER through a remote connection via the Internet network.
- Force majeure
Any failure to comply with any of the obligations of the present agreement caused by a case of force majeure will exonerate Minca Beauty from its responsibility (force majeure being understood as an unforeseeable, irresistible and external event to the debtor of obligation). If such an event occurs, Minca Beauty will inform the CUSTOMER as soon as possible if it is unable to perform its service. The suspension of the obligations or the delay can in no case be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages or penalties for delay.
- Intellectual Property
The entire content of the WEBSITE including, but not limited to, graphics, images, texts, videos, animations, sounds, logos, gifs and icons as well as their formatting are the exclusive property of Minca Beauty, with the exception of trademarks, logos or content belonging to other partner companies or authors: any reproduction, distribution, modification, adaptation, retransmission or publication, even partial, of these various elements is strictly prohibited without its express written consent. This representation or reproduction, by any process whatsoever, constitutes an infringement punishable by law. Failure to comply with this prohibition constitutes an infringement that may result in the civil and criminal liability of the counterfeiter. In addition, it is recalled that the offenders expose themselves to the risk that the owners of the copied contents will take legal action against them on these grounds. Minca Beauty is also the owner of the "rights of the database producers", as provided by the Intellectual Property Code relating to copyright and databases.
- Personal data and registration
Simply consulting the SITE does not require registration or identification with Minca Beauty. The (optional) creation of a personal account will result in the recording and computer processing of personal data, including IP addresses, which will be communicated to Minca Beauty. This recording and computer processing is intended to allow the taking and processing of the order and to ensure the delivery of the CUSTOMER. The data are exclusively intended for the use of Minca Beauty but may also be communicated to its partners when the CUSTOMER has expressly agreed to their disclosure by ticking the corresponding box when placing the order. Under no circumstances will this data be transferred to third parties. The CUSTOMER has the right to access, rectify, modify and delete information concerning him/her, which he/she may exercise by contacting Minca Beauty:
- By post: Minca Beauty - Rue de la sécurité 2, box 5, 1081 Brussels, Belgium
- By e-mail to: firstname.lastname@example.org
With regard to the needs of data processing to ensure the recording, processing and routing of orders as well as the after-sales service, the customer is informed that in case of opposition to the data processing, no order can be validly recorded and processed by Minca Beauty.
As a prelude to this article, the introductory article of the Consumer Code states: " (...) the term : - consumer: any natural person who acts for purposes which are not within the scope of his commercial, industrial, craft, liberal or agricultural activity; - non-professional: any legal person who does not act for professional purposes; - professional: any natural or legal person, public or private, who acts for purposes which are within the scope of his commercial, industrial, craft, liberal or agricultural activity, including when acting in the name or on behalf of another professional. ». The general conditions of use are subject to Belgian law, to the exclusion of any other legislation. In the event of a dispute, the consumer is informed that he can have recourse to a consumer ombudsman.