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CURVE-O GENERAL TERMS AND CONDITIONS OF SALE
CURVE-O BVBA, with its registered office at Tongersesteenweg 111, 3800 Sint-Truiden, Belgium and with company number 0837.199.179 (Antwerp Register of Legal Entities, Hasselt division), hereinafter referred to as CURVE-O.
The following definitions are applicable in these terms and conditions:
1. Commercial customer: any natural or legal person who enters into a distance contract with CURVE-O and who is not an individual customer as defined below;
2. Individual customer: a natural person who enters into a distance contract with CURVE-O and who is not acting in a professional capacity or on behalf of a business;
3. Cooling-off period: the period within which individual customers may exercise their right of withdrawal;
4. Right of withdrawal: the option for an individual customer to withdraw from a distance contract within the cooling-off period;
5. Distance contract: an agreement entered into within the scope of an organised system for the distance selling of products whereby, up to the conclusion of the agreement, exclusive use may be made of one or more remote communication technologies;
6. Day: a calendar day;
7. Durable medium: any medium that allows individual customers to store information personally addressed to them in a manner that facilitates future reference and unaltered reproduction of that stored information;
8. Product: all items offered, to be delivered or delivered by CURVE-O pursuant to the agreement.
2.1 These general terms and conditions are applicable to all offers issued by CURVE-O to individual customers and commercial customers, hereinafter referred to as Customer, and to all agreements entered into by CURVE-O and the Customer, including all distance sales made by CURVE-O arising from any order placed by the Customer online at www.CURVE-O.be, hereinafter referred to as the Website, in relation to all products in CURVE-O’s online catalogue.
2.2 The text of these general terms and conditions shall be clearly made available to the Customer prior to the conclusion of the distance contract, and the Customer shall have the option to store and print these general terms and conditions. Following the conclusion of the agreement, these general terms and conditions shall also always be e-mailed to the Customer at the e-mail address provided by the latter. If, for any reason, these general terms and conditions cannot be presented, the Customer may obtain a copy thereof from CURVE-O or be given access thereto by CURVE-O following an e-mail request submitted to CURVE-O. All electronic orders of products from the online catalogue presume prior consultation and express acceptance by the Customer of these general terms and conditions, without any requirement for a written signature as confirmation of this acceptance.
2.3 The instruction or order submitted by the Customer shall constitute acceptance of these general terms and conditions of sale of CURVE-O. Special provisions deviating from these general terms and conditions of CURVE-O shall only be binding if expressly agreed in writing between both parties. CURVE-O shall only accept the applicability of any general terms and conditions of Customers if such acceptance has been expressly agreed in writing.
2.4 The Customer is expressly informed that these terms and conditions may change in future, and that he/she is therefore obliged to read, accept and approve the terms and conditions again as part of every order.
2.5 The Customer acknowledges that he/she is aware of the limitations and risks of using the internet or any other medium by which the Website is made available currently and in the future. The Customer is also aware of the risks of digital or electronic storage and transfer of information and of online (payment) transactions. The Customer accepts that CURVE-O cannot be held liable for any damage arising from the use of the Website or the internet as a result of the aforementioned risks. CURVE-O shall never ask the Customer to provide his/her bank details (including pin codes) by e-mail or by telephone.
3.1 All products are offered without obligation, unless expressly stated otherwise. The online presentation of the products on the Website shall always constitute a non-binding invitation to purchase the products from CURVE-O, without any obligation on the part of CURVE-O.
3.2 The products offered are exclusively intended for normal use. CURVE-O shall only sell the items offered to individual customers in quantities reasonably customary in such transactions. Other quantities may be agreed for commercial customers.
3.3 CURVE-O shall always seek to describe the products it offers to Customers as completely and accurately as possible on its Website. If CURVE-O uses images, these shall always seek to represent the products as faithfully as possible, without CURVE-O accepting any obligation of result. CURVE-O is bound by an obligation of means in relation to the composition, accuracy, relevancy and completeness of the products offered on the Website. It may be possible that the information displayed is incomplete or out of date, or contains material errors or mistakes and CURVE-O cannot be held liable for such discrepancies, nor obliged to deliver the products.
3.4 Upon the submission of an online order by effectively clicking the final order button, following the provision of personal details, the choice of a payment method, the express acceptance of the general terms and conditions and the provision of payment details, the Customer shall have placed an order. The Customer shall receive an automated e-mail for information purposes and as confirmation of his/her order and the conclusion of the sale agreement, subject to the product ordered being in stock (see Article 3.5). Individual customers may only order products online if they are based within the European Union.
3.5 Products offered are at all times subject to availability in stock. If, following the placement of an order or the acceptance thereof, it becomes apparent that the product ordered is not in stock, CURVE-O shall expressly notify the Customer thereof. CURVE-O shall subsequently take the necessary steps to refund the full amount paid with due diligence, no later than within a period of 15 days from the Customer’s payment for the product ordered. CURVE-O cannot be held liable in any event for the non-availability of a product offered.
4.1 The following provisions in Article 4 apply solely to distance sales concluded via online orders by Customers acting in the specific capacity of Individual Customers. The provisions of Article 4 do not apply to Commercial Customers.
4.2 The Customer is entitled to decide to withdraw from an order and purchase, without incurring any penalty and without having to state any reason, within 14 days starting from the delivery of the product ordered, except in the circumstances listed below. The Customer accepts that the date of delivery shall be determined based on the delivery records of the courier service. The Customer shall be deemed to have received the goods on the date the mail carrier presented the goods for delivery at the delivery address, as determined by the delivery records of the courier service.
4.3 To exercise his/her right of withdrawal, the Customer shall, within a period of 14 days starting from the day following the date of delivery, notify CURVE-O of his/her intention to do so in an unequivocal statement (e.g. in written by post or by e-mail to CURVE-O ([email protected])). In order to comply with the cooling-off period, the Customer must submit his/her notification regarding the exercise of his/her right of withdrawal prior to the expiry of the cooling-off period. To do so, the Customer may use the template form provided with the delivery or provided on the Website via the following link www.curve-o.be/model-withdrawel-form/, with the Customer acknowledging that he/she has downloaded a copy before his/her order. Once the notification has been served, the customer shall immediately, no later than within 14 days from the date of notification, return the delivered products to CURVE-O BVBA. The Customer shall be deemed to have returned the goods on time if the goods are returned prior to the expiry of the 14-day period.
4.4 The cost of returning the goods to CURVE-O shall be borne by the Customer.
4.5 Within 30 days from the moment CURVE-O is notified of the Customer’s decision to withdraw from the agreement, the Customer will receive a refund for the full purchase price of the goods, including shipping costs. CURVE-O may withhold this refund until it has received the returned goods or until the Customer has provided evidence that the goods have been returned, whichever occurs first.
4.6 During the 14-day period following delivery, the Customer is expected to handle the order and its packaging with due care. The products shall be returned in an unused and undamaged state, and the Customer shall bear sole responsibility for any failure to do so. The products may only be unpacked and used to such an extent normally required to establish the nature, characteristics and functioning of the product, as would be the case in a physical store, to assess whether the Customer wishes to keep the products.
4.7 The products shall be returned with their original labels and tags, in their original state, together with all accessories provided and, if reasonably possible, in their original packaging, or in accordance with the instructions provided by CURVE-O if applicable. CURVE-O must be able to clearly identify the sender of the returned goods through the inclusion of the invoice number and/or order number, name, surname, address and e-mail address of the Customer and reference to the notification of withdrawal submitted to CURVE-O.
4.8 The Customer is liable for all risks involved in returning the products. If the products are lost or damaged during and/or as a consequence of transportation, CURVE-O is under no obligation to provide compensation for the products, nor any additional damage.
5.1 For Individual Customers, prices are always stated in euro and inclusive of all taxes, VAT and fees, as indicated on the Website. The price stated at the moment the order is placed shall be applicable.
5.2 For Commercial Customers, prices are listed in euro, based on “ex works” delivery (Incoterms 2010) and exclusive of VAT, customs or import duties and other taxes, unless stated otherwise. If, following the conclusion of an agreement with a Commercial Customer, the cost of wages, social security contributions, corporate tax, import duties etc. increases, or currency fluctuations occur in either domestic or foreign currency, regardless of whether such fluctuations occur as a consequence of circumstances that could be foreseen at the time the products were offered, such increased costs may be charged on to Commercial Customers. Any increase in the rate of VAT or other tax of any nature whatsoever (including customs or import duties) between the placement of the order and its delivery shall be charged to the Customer.
5.3 If shipping costs, transport costs or other administrative costs are charged to the Customer on top of the purchase price, this shall be stated as such, together with the fees charged and the total price (including costs), prior to the placement of the order.
5.4 The purchase price displayed relates exclusively to the products as verbally described. Any associated photographs are provided for decorative/indicative purposes only and may contain products not included in the price.
6.1 For all distance sales, CURVE-O shall only accept advance payment by the Customer via the Website and using the payment methods indicated thereon. If such payment does not occur for some reason, no presumption of payment can be derived from this Article. The purchases made as part of each distance selling transaction may be paid for online, using electronic payment methods or credit cards, or via the direct banking service iDEAL, subject to the terms and conditions, with CURVE-O informing the Customer of the fact that any possible additional costs could be charged on the basis of the Customer’s agreements with banks and/or other credit institutions.
6.2 The Customer’s bank account shall be debited, following conclusion of the agreement, once the Customer has clicked to confirm his/her order. In the event that the bank rejects the Customer’s payment, the order shall be cancelled and rejected automatically.
6.3 The Customer is obliged to notify CURVE-O without delay of any error in the payment details or any suspicious events during the payment process and/or shortly thereafter.
6.4 CURVE-O cannot be held liable for any use of debit and/or credit cards by third parties, whether or not fraudulently.
6.5 In the event of non or late payment, the Customer shall, automatically and without notice of default, be charged an interest rate of 1% per month on the unpaid amount from the expiry date of the invoice, without prejudice to the exercise of all other rights available to CURVE-O. In addition, the Customer shall, automatically and without any warning, be charged a lump-sum compensation of 10% of the outstanding invoice amount, with a minimum of 40 euro per invoice. Should an invoice remain unpaid fully or partially on the due date, or in the event of any other breach of the Customer’s obligations, CURVE-O also reserves the right, automatically and without notice of default, to suspend the performance of all agreements with the Customer or to terminate such agreements with immediate effect, without any need for judicial intervention, and to demand payment of all outstanding amounts, including those that have not yet reached their due date, or to deliver upon cash payment only, notwithstanding the terms of any previous agreements and without prejudice to any other rights CURVE-O may be able to exercise.
7.1 Upon confirmation of a distance selling order, the Customer may choose delivery to a specific address (a residential, business or other address, except for PO box addresses) in the countries where the Website allows delivery. All products ordered shall be delivered to the address provided at the time of the order.
7.2 Insofar as reasonably possible and if the details provided are correct, CURVE-O shall ship accepted orders for distance sales without undue delay and no later than within 30 days, unless a longer delivery term has been agreed or indicated on the Website. CURVE-O is permitted to split delivery into several partial deliveries.
7.3 If delivery is delayed, or if an order cannot be completed or only partially completed, the Customer shall be notified thereof no later than within 30 days from the date the order was placed. In this event, the Customer is entitled to terminate the agreement free of charge. In case of termination for this reason, CURVE-O shall refund the amount paid by the Customer as soon as possible, and no later than within 30 days following the date of termination.
7.4 In the event that a shipment is lost during the delivery process and the conditions set forth in this Article are met, CURVE-O shall either send a new shipment at its own expense if the Product is still available, or refund the order amount including any shipment costs.
7.5 However, the risk of loss or damage shall be transferred to the Customer from the moment of delivery. For Commercial Customers, the risk of loss or damage shall be transferred EX WORKS (Incoterms 2010).
7.6 The Customer accepts that the date of delivery shall be determined based on the delivery records of the courier service. The Customer shall be deemed to have received the goods on the date the mail carrier presented the goods for delivery at the delivery address, as determined by the delivery records of the courier service.
7.7 The Customer must inspect the parcel and the order upon delivery in all cases. If the customer notices any visible damage upon delivery, he/she must immediately have this recorded on the consignment note, prior to signing for delivery. The unconditional receipt of the products by the Customer covers all possible faults or non-conformities that could have been observed at the time.
7.8 Other complaints regarding quality and/or quantity shall only be accepted if received in writing by CURVE-O: (a) in the event of a complaint due to non-compliant delivery, immediately following delivery (no later than within 24 hours in any case), (b) in the event of a complaint due to a non-compliant invoice, within three (3) days of receipt of such invoice and (c) in the event of hidden defects, within two (2) months of the discovery of such defects, or of the moment such defects could reasonable have been discovered if the Customer is an Individual Customer. If the Customer is a Commercial Customer, he/she should notify CURVE-O of any defects within eight (8) days of the discovery of such defects or of the moment such defects could reasonable have been discovered.
8.1 The delivered products shall remain the property of CURVE-O until such time the price and any additional fees, including any compensation and interest, have been fully paid, If necessary, the Customer undertakes to notify third parties of CURVE-O’s retention of title, for example if such third party might seize any products that have not yet been fully paid for.
8.2 In the event of non-payment, CURVE-O reserves the right to repossess the products, automatically and at the expense of the Customer.
9.1 The following provisions in Article 9 apply solely to distance sales concluded via online orders by Customers acting in the specific capacity of Individual Customers. The following provisions of Article 9 do not apply to Commercial Customers.
9.2 CURVE-O guarantees that the goods shall comply with the Customer’s order and with the normal expectations the Customer may have of such goods, considering the specifications of such goods. CURVE-O also guarantees that the goods shall comply with all legislation applicable at the time of the order. The purchaser shall use the products delivered exclusively for hair care purposes, interpreted in the strictest sense of the term. If the Customer fails to comply with this obligation, no warranty shall be granted whatsoever.
9.3 The Customer shall enjoy a statutory warranty of 2 years from the date of delivery of the products purchased from CURVE-O. Unless expressly agreed otherwise, the statutory warranty provisions shall apply.
9.4 During this period and within the statutory limits, CURVE-O shall provide free replacements or repairs for any defective products covered by the statutory warranty. Defects caused by accidents, negligence or improper use (by the Customer or by third parties) shall not be covered by this warranty.
9.5 To claim the warranty, the Customer must be able to produce proof or purchase or an invoice. Warranties are non-transferable.
9.6 The Customer must notify CURVE-O of any defect in writing as soon as possible after the discovery of such defect, and no later than within two months of such discovery, either by post or by e-mail ([email protected]). All rights to repair or replacement shall lapse upon expiry of this period.
10.1 The following provisions in Article 10 apply solely to distance sales concluded via online orders by Customers acting in the specific capacity of Commercial Customers.
10.2 Notwithstanding the above, CURVE-O may only be held liable for hidden defects if (i) it can be demonstrated that the defect was already present in an early stage at the time of collection and/or delivery and (ii) on the condition that the defect manifests itself within twelve (12) months (to the day) of the date of delivery. Defects caused by accidents, negligence or improper use (by the Customer or by third parties) shall not be covered by this warranty. The purchaser shall use the products delivered in compliance with the technical and specialist knowledge of a professional hairdresser and exclusively for hair care purposes, interpreted in the strictest sense of the term. If the Customer fails to comply with this obligation, no warranty shall be granted whatsoever.
10.3 The Customer may only hold CURVE-O liable if he/she informs CURVE-O of the defect, by registered letter and with a detailed explanation, within eight (8) days of the date on which such defect was discovered or could reasonably have been discovered. If the Customer fails to do so, all rights he/she (may have) had shall lapse.
11.1 CURVE-O shall never accept liability for any human damage and/or trading losses and/or indirect damage and/or consequential damage (including but not limited to lost time, emotional damage, loss of income and loss of opportunity) that are a direct or indirect consequence of the products sold or that is associated with the products sold.
11.2 CURVE-O shall never accept liability for viruses or damage to computers, telecommunications equipment or other property as a consequence of visiting or using the Website or downloading items from the Website.
11.3 CURVE-O shall never accept liability for possible errors and/or inaccuracies in the photographs or texts used in product descriptions on the Website.
11.4 CURVE-O shall never accept liability for damage caused as a direct or indirect consequence of force majeure, errors and/or negligence on the part of the Customer or his/her legal or actual servants, or of any other external cause.
11.5 Any contractual or extra-contractual liability and/or obligation on the part of CURVE-O shall in all cases be limited to the amount effectively paid by the Customer for the order in question, exclusive of VAT.
12.1 In the event of force majeure, CURVE-O is not obliged to fulfil its obligations. In such event, CURVE-O may suspend its obligations for the duration of the period of force majeure or permanently terminate the agreement subject to written notice to the Customer, without any damage compensation becoming due.
12.2 The term “force majeure” includes all circumstances outside of the will and control of CURVE-O that prevents CURVE-O from fulfilling its obligations in part of in full. This includes: strikes, fire, operational failure, energy failure, failure of any (telecommunications) networks, connections and communications systems used and/or the unavailability at any time of the Website, non or late delivery by suppliers etc.
13.1 When the Customer visits the Website, CURVE-O collects personal data about the Customer. For more information on how this data is handled by CURVE-O, please refer to CURVE-O’s privacy statement: Privacy Statement.
14.1 The complete content of CURVE-O’s Website, including texts, names, logos, all visual elements, all sound elements, including the technology used for these purposes, photographs, images, moving images, sounds, illustrations and software is the property of CURVE-O or the property of its suppliers, associated companies, licence holders and/or content providers. These elements are protected by copyright or other rights. As such, these elements may only be used with prior written permission from CURVE-O.
14.2 The content may only be downloaded, and only one copy may be made for exclusively personal, non-commercial use, on the condition that the content of the material subject to intellectual property rights remains in its original state. The copying or storage of any content whatsoever for non-personal, commercial use is prohibited.
14.3 Furthermore, the Customer shall respect all other intellectual property rights of CURVE-O, including intellectual property rights relating to products and/or documents (including instruction manuals), brands, trade names, software developments (including the Website), know-how, processes and other elements protected by law.
15.1 The Website serves to provide general information on the activities of CURVE-O to its users. CURVE-O is only bound by an obligation to use best endeavours in relation to access to the Website, the order process, deliveries and other services.
15.2 CURVE-O shall seek to ensure that the Website is accessible at any time to a normal number of users. However, CURVE-O is entitled to suspend or terminate (access to) the Website in full or in part at any time due to maintenance, updates or any other reason, including and even without prior warning.
16.1 The Customer accepts that electronic communications and back-ups may be used as evidence.
16.2 In the event that any provision whatsoever of these general terms and conditions is declared invalid, unlawful or void, the validity, legality and applicability of the remaining provisions shall not be affected.
16.3 The failure by CURVE-O at any time to enforce or exercise one of the rights set forth in these terms and conditions, shall in no event be taken as a waiver of such rights and shall in no event affect the applicability of these rights.
17.1 Customer with questions or complaints may contact CURVE-O at any time by telephone on +32 11 69 28 13, by e-mail to [email protected] or by post to the following address: CURVE-O BVBA, Tongersesteenweg 111, 3800 Sint-Truiden, Belgium. CURVE-O shall make every effort to deal with questions or complaints with due care and within a reasonable period.
17.2 This agreement is exclusively governed by the laws of Belgium, except for its provisions on international private law.
17.3 Without prejudice to the right of CURVE-O to summon the Customer before the courts of his/or her place of residence or registered address, the Courts competent for the location Hasselt (Belgium) have exclusive jurisdiction in any disputes relating to the conclusion, applicability, interpretation or (non) performance of the agreement or these general terms and conditions.