General terms and conditions | Terms and Conditions
General terms and conditions | Terms and Conditions
This page contains the general terms and conditions ("General Terms and Conditions") under which Parfumerie Parfas supplies each of its Products listed on its Website, www.parfas.be, to you.
Please read these Terms and Conditions thoroughly before ordering Products via the Website. By ordering one of the Products from 'Parfas', you agree to these Terms and Conditions. Parfumerie Parfas recommends that you print a copy of these General Terms and Conditions for future reference.
You can always find and download these General Terms and Conditions via the Website, www.parfas.be. These General Terms and Conditions are only available in Dutch.
ARTICLE 1 – About us and these General Terms and Conditions
1.1. The website of the webshop 'Parfas' is published by the private limited liability company under Belgian law, 'Jennifer's Wellness Company', with registered office at 2930 BRASSCHAAT, Donksesteenweg 212. The BV is registered in the Belgian Crossroads Bank for Enterprises under number BE0889 .703,695. If you have any comments or suggestions, we would like to receive them via the following email address: info@parfas.be. You can also reach us by telephone on the number 03/297.66.16 from Belgium and 003232976616 from abroad. This telephone number is available from Tuesday to Friday from 10 a.m. to 6 p.m. and on Saturday from 9 a.m. to 1 p.m. If we cannot answer, you can always leave a voicemail.
1.2. These General Terms and Conditions apply to every Product that you order via our Website.
1.3. In these General Terms and Conditions:
a) Entrepreneur: Parfumerie Parfas, which is part of the aforementioned BV 'Jennifer's Welness Company', and which offers products and/or services remotely to the Buyer;
b) Buyer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract of any kind with the entrepreneur; Parfumerie Parfas, as part of BV 'Jennifer's Welness Company';
c) Distance agreement: an agreement in which, within the framework of a system organized by the entrepreneur for distance sales of products and/or services, exclusive use is made of one or more techniques for communicating on distance ;
d) Remote communication technology: means that can be used to conclude an agreement without the Buyer and the entrepreneur being together in the same room at the same time;
e) Day: calendar day;
f) Durable data carrier: any means that enables the Buyer or Entrepreneur to store information addressed to him personally in a manner that allows future consultation and unaltered reproduction of the stored information;
g) Order Confirmation: acceptance of your Order will be in the form of a document entitled “Order Confirmation”, which confirms acceptance of your Order;
h) Liability: liability for breach of contract, breach of obligation, misstatement, indemnity or any other cause of action whatsoever in connection with or arising out of these Terms and Conditions, including but not limited to liability expressly provided for in these Terms and Conditions or arising out of the invalidity or unenforceability of any provision of these Terms and Conditions (and for the purposes of this definition, all references to “these Terms and Conditions” shall be deemed to form part of any additional Contract);
i) Breach of obligations: the breach of any
(i) obligation arising from the express or implied provisions of a Contract to demonstrably take reasonable care or use his skills in the performance of the Contract or (ii) the unwritten legal obligation to demonstrably take reasonable care or of to use his abilities (but no other, more strict obligations)
ARTICLE 2 – General
2.1. In addition to these General Terms and Conditions, specific terms and conditions may apply to certain services and/or products, if expressly stated.
2.2. If there are any differences between these specific terms and conditions and these General Terms and Conditions, the provisions of the specific terms and conditions will in principle prevail over the General Terms and Conditions, unless otherwise stated.
2.3. One or more provisions in these General Terms and Conditions can only be deviated from on the condition of an express agreement and written proof thereof.
2.4. In that case, the other provisions of these conditions will remain in full force.
2.5. Parfumerie Parfas reserves the right to change and/or supplement the General Terms and Conditions at any time for future Orders.
2.6. By using the Website or other electronic portal of Parfas and/or placing an Order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the Website.
ARTICLE 3 – Agreement
3.1. Parfas takes the utmost care when placing information online about the properties of the products, including the technical descriptions that are based on data from its partners and suppliers, and with photos to illustrate the products, all insofar as the technical resources permitting and according to the best standards on the market. Certain characteristics of a product, such as color, size, and others, may differ upon delivery from the photographs as shown on the Website.
3.2. The Agreement is concluded at the time of the Buyer's acceptance of the offer and compliance with the conditions attached to the offer. In addition, an Order Confirmation must be sent to the Buyer by e-mail.
3.3. Your Order remains valid as an offer until we send you a Confirmation of your Order or before that, when we receive your notice of cancellation of your Order.
3.4. Parfas and its Buyer expressly agree that a valid Agreement is concluded by using electronic forms of communication. This concerns in particular a valid Distance Agreement.
3.5. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
3.6. Parfas may rely on third parties when this is required for the correct execution of an Agreement with the Buyer.
ARTICLE 4 – Offer
4.1. Each offer contains such information that it is clear to the Buyer what the rights and obligations are associated with acceptance of the offer.
4.2. The sales prices indicated on the Website include all taxes and other duties but do not include shipping costs.
4.3. Any shipping costs will be borne by the Buyer and will be displayed when checking out your digital shopping cart and in your Order Confirmation.
4.4. Special offers are only valid while supplies last.
ARTICLE 5 – Method of Order
5.1. When the Buyer wishes to place an Order, the Buyer can create an account on the Website (www.parfas.be) without obligation, to facilitate his/her subsequent Orders. However, for a one-off order, the buyer can also only enter the requested information without creating an account.
5.2. The buyer must always follow the ordering and payment instructions given via the Website.
5.3. Regardless of any price that the Buyer has previously seen or heard, from the moment the Buyer selects a Product that he/she wishes to order, it will be stated or indicated (on the Website) how much the costs include VAT, if applicable, and any other delivery costs.
5.4. Buyer must pay for the Product total at the time of placing the Order by providing us with your credit or debit card details from a credit or debit card institution acceptable to us or PayPal. Parfas needs this information to process the Order. The buyer may also pay in any other manner accepted by Parfas, but Parfas is not obliged to deliver the goods before Parfas has received full payment. The card or account must have sufficient funds to cover the requested payment.
5.5. Buyer undertakes that all details you provide to Parfas for the purchase of any of our Products are correct, that the credit or debit card or account or other payment method used by Buyer belongs to Buyer and that Buyer has sufficient credit or credit facilities to cover the costs of the Product. Parfas reserves the right to validate payment details before delivering the Product.
5.6. By placing an Order on the Website, the Buyer agrees to these General Terms and Conditions in the version applicable on the date the Buyer places the Order. Whenever he/she places an Order, the Buyer is solely responsible for reading the version of the General Terms and Conditions in force at that time.
5.7. A Contract will be entered into and Parfas is legally obliged to deliver the Product to you when they accept Buyer's Order. Acceptance takes place when Parfas expressly accepts his/her Order in an email addressed to the Buyer, in the form of a document called "Order Confirmation" confirming acceptance of the Order.
5.8. Until Parfas accepts an Order, it reserves the right to refuse to process the Order in question and the Buyer reserves the right to cancel his/her Order. If Parfas or Buyer has canceled the Order before Parfas accepted it, Parfas will as soon as possible refund any payment already made to it by Buyer or by Buyer's credit or debit card institution for the Product Order.
5.9. If, after placing it on the Website, the Buyer discovers that he/she has made an error with his/her Order, the Buyer must contact info@parfas.be by e-mail.
5.10. The concluded Contracts, the Website and the General Terms and Conditions are only available in Dutch.
5.11. Parfumerie Parfas will keep the concluded Agreements for a period of at least two years. The Buyer can always obtain his/her Agreement during that period by simple request by e-mail to info@parfas.be.
ARTICLE 6 - Payment
6.1. The payment options made available to the Buyer are Visa, Mastercard, Bancontact/Mistercash, iDEAL, PayPal or bank transfer.
6.2. The Order will only be shipped after receipt of payment.
6.3. The Buyer owes the price stated by Parfumerie Parfas in its confirmation in accordance with Articles 3.3 and 4.3. has communicated these conditions to her. Obvious or obvious errors in the quotation, such as obvious inaccuracies, can also be corrected by Parfumerie Parfas after the conclusion of the agreement.
6.4. The Buyer has the obligation to immediately report any inaccuracies in payment details provided or stated to Parfas.
6.5. Parfas reserves the right to change prices at any time, but undertakes to apply the rates indicated on the Website at the time of your Order, unless obvious errors in the quotation, such as obvious inaccuracies, can also be found after the conclusion of the agreement will be corrected by Parfumerie Parfas.
6.6. Online Orders can be paid via commonly valid and internationally accepted credit cards and electronic payment methods. Security measures via SSL are intended to ensure that your online payment is made safely.
6.7. If a payment method with a credit card (independently or via PayPal) is chosen, the terms and conditions of the relevant card issuer apply. Parfas is not a party to the relationship between the Buyer and the card issuer.
6.8. If the payment cannot be processed immediately due to the choice of a financial payment method that cannot implement such immediate payment, such as bank transfer, the Buyer has a payment term of seven (7) days after the day of Order.
6.9. In the event that the Buyer has indicated that he will pay via the means mentioned under 6.8., but does not do so within the payment term of seven (7) days, Parfas reserves the right to charge the Buyer for the reasonable costs communicated in advance to the Buyer. to bring.
ARTICLE 7 – Delivery
7.1. Deliveries take place at the address specified by the Buyer during the conclusion of the Agreement.
7.2. The Buyer's Order will be prepared for delivery as soon as Parfumerie Parfas has received confirmation of your payment.
7.3. Orders are delivered as quickly as possible. However, a minimum delivery period of two (2) working days and a maximum delivery period of ten (10) working days must be taken into account.
7.4. Exceptions to the above terms are possible. Parfas will inform the Buyer in that case by telephone or email. This may be the case, for example, when a Product is no longer in stock.
7.5. However, Parfas takes no responsibility for late deliveries or for an Order that is lost by third parties or due to unforeseen circumstances or force majeure.
7.6. If an Order is not delivered within the specified time, an investigation will be initiated by the carrier, which may take several days. During this period, a refund or other shipment cannot be made.
7.7. As soon as the products to be delivered have been delivered to the specified delivery address, the risk as regards these products passes to the Buyer.
ARTICLE 8 – Right to renounce
8.1. The Buyer can exercise the right of withdrawal within fourteen (14) working days after delivery of the product without penalty and without giving reasons.
8.2. This is only possible if the product and packaging are in original, complete, with foil, seal intact, undamaged and unused.
8.3. All documentation, warranty certificates, samples and packaging materials sent must be included with the return shipment.
8.4. The Buyer must return the product to: Parfumerie Parfas, Donksesteenweg 248, 2930 Brasschaat, Belgium. Or the Product must be delivered to this address yourself. The costs associated with the return are borne by the Buyer.
8.5. The Buyer must always request a return document via info@parfas.be.
8.6. In the event that he exercises his right of renunciation, the Buyer is obliged to report the received product to Parfumerie Parfas within fourteen (14) working days after delivery.
8.7. The product must then be returned to Parfas in the condition in which the Buyer received the product, stating his bank account number. The costs associated with the return are borne by the Buyer.
8.8. If the Buyer has exercised the right of renunciation as stated in the previous paragraph, Parfas will ensure reimbursement of the amount paid by the buyer to Parfas within ten (10) days by means of a bank transfer to the account number designated by Parfas by the Buyer for this purpose. has got.
8.9. However, Parfas is never liable for any damage - including but not limited to theft or loss - that occurs to the packaging or product upon return.
8.10. The Buyer cannot exercise the right of renunciation for agreements regarding the delivery of products that are manufactured according to the Buyer's specifications or that have a clearly personal character or that by their nature cannot be returned or can deteriorate or become outdated quickly.
8.11. If the product has not been received in accordance with the conditions of the right of withdrawal, the purchase amount will not be refunded. The product remains the property of the Buyer, who is obliged to collect its property from the aforementioned address within two weeks. The product can also be delivered at the request of the Buyer. In that case, the costs for delivery will be borne by the Buyer
ARTICLE 9 – Cancellation
9.1. Parfumerie Parfas may cancel a Contract if the Product is unavailable for any reason. In that case, Parfas will immediately contact the Buyer and undertake to refund any amount already paid by the Buyer within 30 days following the notification of cancellation of the Order.
9.2. Parfas will refund all amounts transferred by Buyer using the same payment method that Buyer used to pay for the Product.
ARTICLE 10 – Defects
10.1. Parfas does its utmost to deliver the ordered Products in excellent condition.
10.2. The Buyer is obliged to carefully inspect the Products immediately after delivery.
10.3. Complaints from the Buyer relating to defects in the product or the delivery that are externally visible must be notified to Parfas in writing by the Buyer within seven (7) working days after delivery.
10.4. The Buyer is obliged to keep the Product concerned in its current condition in the meantime.
10.5. If Parfas determines that there is indeed a visible defect, the Buyer is always entitled to replacement of the defective Product or to repair free of charge.
10.6. The buyer is not entitled to the above replacement or repair if he has not informed Parfas in writing of the defect within seven (7) working days.
ARTICLE 11 – Force majeure
11.1. Each party is legally released and not obliged to fulfill any obligation towards the other party in the event of force majeure.
11.2. Force majeure is defined as the situation in which the execution of the agreement by one of the parties is prevented in whole or in part, temporarily or otherwise, by circumstances beyond the control of that party.
11.3. Without aiming for exhaustiveness, the following are considered forms of force majeure:
a) Stock depletion
b) Delays in or failure to deliver by suppliers
c) Destruction of goods as a result of accidents, strike or lockout, fire, riot, war, epidemic, flood, high absenteeism due to illness, electrical, IT, internet or telecommunications disorders, government decisions or interventions and errors or delays attributable To third parties.
11.4. If the force majeure lasts longer than two (2) months, the other party is entitled to terminate the agreement without judicial intervention, without the party claiming force majeure being obliged to pay any compensation to the other party.
ARTICLE 12 – Limitation of Liability
12.1. This section supersedes all other sections in these Terms and Conditions and sets forth Entrepreneur's entire liability and Buyer's sole and exclusive remedies for:
a) performance, non-performance or alleged delay in performance of these General Terms and Conditions, of a Contract or via the Website (in whole or in part); or
b) all other matters in connection with these General Terms and Conditions or the coming into force or implementation of these General Terms and Conditions.
12.2. Nothing in these Terms and Conditions excludes or limits:
a) The Liability of Parfas for (i) fraud; (ii) death or personal injury caused by a Breach of our Obligations; or (iii) any other Liability which cannot be excluded or limited by applicable law; or
b) the legal rights of the Buyer as a Customer.
12.3. When performing any obligation under these General Terms and Conditions, Parfas is solely obliged to perform that obligation with reasonable care and skill.
12.4. As set out in clause 12.2, Parfas accepts no Liability and we exclude it in its entirety, other than any such Liability arising from the provisions of these Terms and Conditions.
12.5. Regardless of other legal provisions, Parfas disclaims all liability for:
a) loss of turnover;
b) loss of actual or anticipated profits;
c) loss of contracts;
d) loss of use of money;
e) loss of expected savings;
f) loss of activities;
g) loss of productive time;
h) loss of opportunity;
i) loss of goodwill;
j) loss of reputation;
k) loss, damage or corruption of data; O
l) any indirect or consequential damage
12.6. Liability is excluded regardless of whether it is foreseeable, known, expected or in any other form. For the avoidance of doubt, clauses 12.5(a) to 12.5(l) apply whether the loss is direct, indirect, consequential or otherwise.
12.7. Regardless of what is stated in Article 12.2:
a) Parfas' entire Liability under any Contract will in no event exceed, in aggregate, an amount equal to a maximum value of: i) €100.00; or ii) 110% of the total value of the relevant Contract under which the need to take action arises
b) the entire liability of Parfas towards the Buyer or a third party will in no case exceed, in total, an amount equal to a maximum value of: i) € 100.00; or ii) 110% of the total amount paid by Buyer to Parfas in the 12 months prior to any need to take action.
12.8. The limitation of liability under article 12.7. applies both to any Liability expressly provided for in these General Terms and Conditions, and to any Liability arising from the invalidity or unenforceability of any other article in these General Terms and Conditions.
ARTICLE 13 – Intellectual Property Right
13.1. All intellectual property rights and their derivative rights remain reserved by Parfumerie Parfas. These works are protected by copyright laws and treaties around the world.
13.2. These intellectual property rights include copyright, trademark, drawing and model rights and/or other (intellectual property) rights, including patentable technical and/or commercial know-how, methods and concepts.
13.3. Buyer must not modify the paper or digital copies of any materials it has printed or downloaded in any way, or use any illustrations, photographs, video or audio or any graphics separately from any accompanying text.
13.4. If Buyer prints, copies or downloads any part of the Website in breach of this provision, his right to use the Website will cease immediately and he must, at Merchant's option, return or return any copies of the materials he has made. destroy.
ARTICLE 14 – Protection of personal data
14.1. Parfumerie Parfas will collect personal data from the Buyer in the context of the contractual relationship with the customer and via the Website. These personal data are the following:
a) Surname and First Name
b) Address
c) Email address
d) Telephone number
e) Date of birth
f) Nationality
14.2. During the payment process, credit card details may be requested via the secure payment system. However, credit card details are never transferred to third parties.
14.3. The personal data provided by the Buyer are necessary for processing and completing the Orders and preparing the settlement.
14.4. The Buyer hereby gives his/her unambiguous consent to process this personal data in accordance with the conditions in this provision.
14.5. The data concerned will be used in accordance with the provisions of the Act of 8 December 1992 on the protection of privacy with regard to the processing of personal data (as amended).
14.6. Parfas acts as the controller and will process the data for the following purposes: customer administration, processing and completing deliveries, preparing the bill and direct marketing of Parfas, including, for example, a newsletter.
14.7. The Buyer has the right to inspect and correct the data relating to him/her that is processed in Parfas' files. Requests for this can be sent by e-mail to info@parfas.be.
14.8. Parfas takes all reasonable measures to guarantee the confidentiality of the data communicated by the Buyer. However, the Buyer acknowledges that the transmission of personal data via the Internet is never without risk. The Buyer therefore acknowledges and accepts that the damage he/she may suffer due to the unlawful use of personal data by third parties who have not received permission from Parfas can never be recovered from Parfas.
14.9. Providing incorrect or false personal data will be considered a breach of these Terms and Conditions and will automatically lead to cancellation of the Order. The same applies to the case where the data is missing.
ARTICLE 15 – Express choice of forum
For all disputes between the Buyer and the Entrepreneur that arise from the concluded Contract that is subject to these General Terms and Conditions, or are related to this Contract or arise from this Contract, the courts of the district of Antwerp (Belgium) have exclusive jurisdiction.
ARTICLE 16 – Express choice of law
All offers from the Entrepreneur and all Contracts subject to these General Terms and Conditions and all disputes relating to this Contract or arising from this Contract are exclusively governed by Belgian law.