General Conditions of Sale

The www.jybcosmetics.com website is the property of SPRL BH COMPANY (hereinafter BH COMPANY), whose registered office is situated at 69 rue des Mélèzes, 1050 BRUSSELS – Company number 0846 659 748 – email address: info@jybcosmetics.com.

These terms and conditions are concluded between SPRL BH COMPANY on the one hand and any person wishing to make a purchase from the aforesaid website (hereinafter “the user”) on the other.

The Parties agree that their relations shall be governed solely by this contract, to the exclusion of all other terms and conditions available hitherto on the website.

 

ARTICLE 1 – Scope

These General Conditions of Sale shall apply to all Orders placed on the www.jybcosmetics.com  website and aim to define the terms of sale between BH COMPANY and the user, from the placing of the order with the departments, including payment and delivery where specified on the order.

These General Conditions of Sale shall override all other general or specific terms and conditions.

The use of the www.jybcosmetics.com website, as well as any Order passed or addressed to BH COMPANY via the website, shall necessarily imply as an essential and determining condition, the acceptance without reservation by the user and the customer of these General Conditions of Sale. BH COMPANY reserves the right to adapt or modify the General Conditions of Sale at any time. From the date on which a new version is posted online, any person placing an order for a product shall be deemed to accept in full the entire new version of the General Conditions of Sale, with which he or she shall acknowledge that they have become fully conversant before placing the Order.

 

ARTICLE 2 – Definitions

2.1 Definitions

Products and services: all products and services offered by BH COMPANY on its website in general, including in particular the remote sale of products and goods through the intermediary of an internet channel.

User: any person who registers with the BH COMPANY website.

Customer: any user who generates a commercial relationship through the purchase online of Products or Services offered by BH COMPANY on its website. Customers shall be deemed to have the legal capacity to place orders and to conclude a commercial transaction with BH COMPANY.

The Order: any Order placed by a Customer under the conditions specified in this document.

 

2.2 Undertakings by BH COMPANY

Pursuant to the law on consumer protection, BH COMPANY shall present on its website its products and services in such a way as to “enable the consumer to be in a position to know the essential characteristics of the goods before concluding the contract”. However BH COMPANY may not be held liable for errors that occur on the website.

Where an order is accepted, BH COMPANY shall sell and deliver the products ordered pursuant to the General Conditions of Sale.

 

ARTICLE 3 – Creation of a customer account

Any new customer of BH COMPANY must, when placing his order, create a customer account by entering his contact details (name, first name, postal address, email address).

Personal data recorded and processed in this manner shall be subject to the provisions of Article 13 below.

 

ARTICLE 4 – Orders

When placing an order, the customer shall have an opportunity to verify the details of the order and the total price and to correct any errors before confirming it by validating the order summary screen to express his agreement and proceed to the check-out screen to pay for the order.

By clicking on the “Buy” button, the customer shall be deemed to have fully accepted all the General Conditions of Sale, the prices, the volumes and the quantities of the products ordered.

Upon that final click, the Order shall be irrevocable and may be reversed only in the cases specified below.

BH COMPANY shall then send an email confirming the order and the details concerning delivery (in the case of delivery).

This clause shall not apply in the case of sales to persons other than consumers (thus in particular and specifically in the case of sales to merchants (for commercial purposes) or to companies, …).

 

ARTICLE 5 – Archiving of information

All the data recorded and stored on the data processing systems of BH COMPANY shall provide evidence of communications and transactions carried out between BH COMPANY and the customer.

 

ARTICLE 6 – Offer and availability of products

Our product offers shall be valid as long as they are visible on the website. Photographs depicting products shall have only an indicative value because of alterations that may be made to them during their transfer to the website.

At all events BH COMPANY may not be held liable for damage resulting from the lack of availability of a product or service.

 

ARTICLE 7 – Price

All prices quoted on the website shall be in euros including all taxes (21% VAT) but excluding delivery charges which shall be indicated separately.

They shall include VAT at the rate applicable on the day the order is placed. The prices of the products shall be automatically adjusted to account for any change in the rate of VAT.

BH COMPANY reserves the right to alter its prices at any time but undertakes to apply the prices indicated at the time the order is placed.

 

ARTICLE 8 – Payment

Products ordered and delivery charges shall be payable when the order is placed, exclusively in euros.

Orders shall be paid in full online by bank card. Payment online shall be strictly governed by the banking regulations in force.

No order shall be considered as valid until the payment has been accepted by the chosen settlement system. Data recorded by the payment system shall constitute evidence of all financial transactions.

BH COMPANY shall not be held liable for any fraudulent use of a means of payment.

 

ARTICLE 9 – Delivery

Orders shall be delivered to the delivery address indicated by the customer during the online ordering process and in accordance with the instructions specified in the order.

For any order amounting to less than €50 including VAT, delivery costs shall be charged to the customer. Should there be a delay, you will be contacted by telephone or by email. BH COMPANY undertakes to deliver orders as soon as possible.

On average articles that are available take 31 days to deliver.

Goods always travel at the risk of the customer who must verify the state of the goods on arrival. The customer shall have a period of 48 hours in which to inform BH COMPANY of any damage to or impairment of the product caused during transportation.

The order shall be presented to the customer or to any other person present at the delivery address or holding a proxy. If no one is available to accept the order at the time it is delivered, a notification shall be left and the customer shall have to contact the transport company to learn the address from which he can retrieve his package. BH COMPANY shall endeavour to meet the delivery dates, but cannot be held liable for any delays in the handling of orders or in their delivery.

The system of control carried out by the transport company during the delivery of the order shall constitute a presumption that the order has been effectively delivered (and accepted by the customer) unless evidence to the contrary is supplied by the customer.

Where a product that has been ordered fails within 30 calendar days of the confirmation of the order to reach the delivery address provided, it shall be the responsibility of the customer to inform BH COMPANY thereof within a period of 7 working days through the “Contact Us” page on the website. Once that period of 7 days has expired, complaints will no longer be entertained.

Products that have been delivered late may be returned provided they are despatched in their new state in the original packaging, also in perfect condition, together with the invoice. Any return in respect of which the sender cannot be identified shall be refused. Once the deadline of 7 days has expired, BH COMPANY will no longer be able to accept the return and may return it to the sender. The return must be sent to the address of BH COMPANY as specified in the preamble to these General Conditions of Sale. Reimbursement of the order shall be effected within 30 days following the receipt of the products by BH COMPANY, on condition that all the arrangements for the return of the goods have been strictly followed. The amount reimbursed shall at all events be limited to the sums actually paid by the customer.

Damage or lost products risks lies upon BH COMPANY until delivery to the customer has taken place.

 

ARTICLE 10 – Non-conformity

All products and services offered by BH COMPANY are described in good faith and as truthfully as possible. Even so, the images presented on its website have no contractual value. BH COMPANY declines all liability for errors that may appear in the descriptions of the products and services. However, provided they are brought to its knowledge in writing, BH COMPANY undertakes, insofar as it can, to correct those errors as soon as possible.

Failing that, products that do not conform to their description shall be exchanged – available stocks permitting – or refunded. However, no product may be exchanged or refunded before being returned to and accepted by BH COMPANY, as delivered by it and accompanied by the original invoice.

The refund or delivery of new products by BH COMPANY shall take place within a period of 30 days from the date the products that do not conform to their description are received. In that case, the refund or delivery of new products shall result in no charge being made to the customer.

If the product or the service delivered fails to correspond to the specifications in the invoice, the customer may return it within a period of 14 days from the day after the order is delivered. The customer may then choose between a refund and delivery of a similar product, depending on availability. After that deadline, complaints and returns shall not be considered or accepted.

The customer shall be refunded by BH COMPANY for the costs incurred in returning the goods in the form of a purchase voucher redeemable on his next purchase. Proof of such return costs must obligatorily accompany the returned package. If not, those costs shall not be refunded. All returns must be sent by registered post or by a transport courier from whom the customer must retain a copy of the proof of despatch.

 

ARTICLE 11 – Right of cancellation

Pursuant to the Belgian law of 6 April 2010 on market practices and the protection of the consumer, the consumer has the right to notify the seller that he is cancelling the purchase without penalty or giving his reasons within 14 calendar days from the day following delivery of the product or the conclusion of the service contract. That right of cancellation is not available to professional buyers.

The customer must give notification of his cancellation by registered letter with recorded delivery sent to the registered office of BH COMPANY, at the address mentioned at the start of these General Conditions of Sale.

The right of cancellation does not apply if the products have been used or damaged.

The customer shall return his order in its original packaging at his own cost. He shall have a maximum period of 14 working days in which to do so, counting from the day after the delivery of his order.

The customer may return the products that do not suit him and request a refund without penalty, except for the return costs which he shall bear.

That right of cancellation may in no case apply if the product delivered is not returned in perfect condition and as delivered by BH COMPANY.

In particular, the product must be returned correctly protected in its original packaging in perfect condition for resale (unspoiled, undamaged, unused and unopened) together with any accessories as well as the original sales invoice of which you shall retain a copy. Packages for which there is no indication of the sender (order number, first name, last name, address) shall not be accepted.

BH COMPANY undertakes to make an exchange – available stocks permitting – or to effect a refund by bank transfer within a maximum of 30 days once the right of cancellation has been exercised, in exchange for the return of the product.

The amount reimbursed shall in all cases be limited to the sums actually paid by the customer. If a purchase voucher (issued following the return of a product that fails to meet its description) has been used towards the order that is being cancelled, the total amount including the voucher shall be refunded. The voucher may therefore not be reused.

The customer has the right to renounce his purchase when delivery has a period of more than 30 days.

 

ARTICLE 12 – Reservation of title

BH COMPANY expressly reserves title to the products delivered until their price including principal and interest has been settled in full.

That shall not prevent the customer from bearing the risk of loss or impairment.

 

ARTICLE 13 – Data protection

BH COMPANY reserves the right to collect personal data regarding the customer, in particular upon the creation of his customer account.

Such data may not be communicated to third parties without the prior authorisation of the customer.

Moreover, such data is intended for BH COMPANY only for the processing of the order and for improving the services offered on the website (communication of information by email, personalisation of the website in line with the customer’s preferences, …).

Pursuant to the law on data protection, the customer has a right of access to, and of amendment, correction and deletion of personal data concerning him.

To exercise that right, the customer must send an email to info@jybcosmetics.com. He may also do so by sending a request in writing to BH COMPANY, at the address mentioned in the preamble to these General Conditions of Sale.

 

ARTICLE 14 – Liability

14.1. Liability under the online selling procedure:

In the online selling procedure, BH COMPANY is subject only to an obligation of means.

In particular it may not be held liable for:

  • damage resulting in particular from the use of the internet such as loss of data, intrusion, virus, breakdown in service;
  • in the case of force majeure or by chance, including, but not limited thereto, general or partial strikes by the postal services, catastrophes, fires, failures or break-downs in the internet or telecommunications networks or in the electricity grid, or external intrusions or computer viruses and in general terms any event that prevents the proper execution of orders.

 

14.2. Liability for products sold:

Notwithstanding mandatory legal provisions, BH COMPANY may not be held liable:

  •  in the case of errors in one of the photographs or one of the texts illustrating the products;
  • in the case of damage of any kind, whether tangible or intangible that might arise from the wrong use of the products;
  • in the case where a product is out of stock or unavailable.

The customer’s attention is drawn:

  • to the fact that the products sold by BH COMPANY contain different components that are liable to cause a reaction when mixed with other (even residual) components and/or with regard to certain characteristics of certain persons (notably in dermatological or allergological respects);
  • to the need for the customer to take steps to use the products sold by BH COMPANY in accordance with the instructions issued regarding them;
  • to the necessity for him to find out whether he can use the products sold by BH COMPANY taking account of all its characteristics regarding health and in particular with regard to allergies and to the need to obey the safety rules derived from scientific information regarding those products.

 

Given the natural and/or organic nature of the products and/or the components of the products sold by BH COMPANY, irritations and/or allergies can in particular arise in the case of more sensitive persons.

 

BH COMPANY may never be held liable for a failure by the customer to use the products distributed by BH COMPANY in accordance with the instructions issued regarding them and/or for the need for the customer to find out whether he is able to use the products sold by BH COMPANY given his health characteristics, in particular with respect to possible allergies, and to follow the safety rules resulting from scientific information regarding those products.

At all events and notwithstanding the foregoing stipulations, BH COMPANY’s liability shall be limited to the sums paid or payable in respect of the order invoking such liability, whatever the cause or the form of the action in question.

 

ARTICLE 15 – Intellectual property

All components of the website and in particular the texts, notes, illustrations and images, whether audio or visual, are protected by intellectual property rights and are and remain exclusively the intellectual property of BH COMPANY.

It is strictly forbidden to reproduce, imitate, use, disseminate or exploit in any way whatsoever, even partially, components of the website without having obtained authorisation to do so from BH COMPANY beforehand.

The foregoing provisions shall also apply to any use, in particular for advertising or promotional purposes, of the name and logo of BH COMPANY.

Anyone wishing to place on his own personal website for his own personal use a link establishing a direct connection to this website must obtain written authorisation to do so from BH COMPANY beforehand.

In all cases, any unauthorised link must be deleted at the mere request of BH COMPANY.

 

ARTICLE 16 – Applicable law

The General Conditions of Sale are subject to Belgian law.

 

ARTICLE 17 – Competent court

Any dispute generally of whatever kind regarding the interpretation of the contract and its performance shall be the exclusive competence of the courts and tribunals of Brussels applying Belgian law.

 

ARTICLE 18 – Nullity – divisibility

Where one or more clauses in these General Conditions of Sale are ruled as being null and void, that shall not render the remaining clauses null and void unless it thereby becomes impossible to apply them separately.

 

ARTICLE 19 – Duration

The General Conditions of Sale shall apply throughout the whole period during which the products and services of BH COMPANY are offered on its website.