General terms and conditions

beautyaswell.com – Comptoir Adam B.V. – KBO 0733.826.972

Table of Contents

1. General provisions
2. Professional assortment
3. Price
4. Offer
5. Online purchases
6. Payment
7. Delivery and execution of the agreement
8. Retention of title
9. Right of withdrawal
10. Return policy products
11. Warranty
12. Complaint period
13. Allergies, skin reactions and professional conditions of use
14. Improper use
15. Limitation of liability
16. Force majeure
17. Customer service
18. Privacy
19. Use of cookies
20. Invalidity – Non-waiver
21. Amendment of conditions
22. Applicable law – Disputes
23. Intellectual property, completeness and applicability
24. Model withdrawal form

Article 1 – General provisions

The e-commerce website beautyaswell.com, operated by Comptoir Adam B.V., a private limited company with its registered office at Terbekehofdreef 6-8 A6, 2610 Wilrijk, Belgium, company number 0733.826.972, offers its customers the opportunity to purchase products from its online store.

These general terms and conditions ("conditions") apply to every order placed by a visitor of this e-commerce website ("customer"). When placing an order through the beautyaswell.com online store, the customer must expressly accept these conditions, thereby agreeing to their applicability, to the exclusion of all other conditions. Additional conditions of the customer are excluded, unless previously accepted in writing and expressly by beautyaswell.com.

All conditions and provisions mentioned on this website, including pages, specific conditions stated with a particular product, or advertisements, including delivery and return conditions, are in force and shall be considered binding.

Article 2 – Professional assortment

The assortment of beautyaswell.com consists exclusively of professional products intended for professional use. If you purchase these products as a consumer, you agree to these general conditions and acknowledge that the products are primarily intended for professional use.

beautyaswell.com sells exclusively original products and provide as much information as possible about the correct use of the product, such as for keratin and protein treatments. However, we are in no way liable for the end result after use of the products of beautyaswell.com. Failure to achieve the desired result does not give any right to a refund, replacement or any form of compensation.

By placing an order on the beautyaswell.com website, the buyer explicitly acknowledges and accepts that he/she acts in the capacity of a professional user, regardless of his/her actual status. No exceptions to this provision are permitted. The buyer declares that he/she possesses the necessary knowledge, training and experience to use the purchased products safely and in accordance with professional protocols. The absence of professional qualifications cannot under any circumstances be invoked as grounds for a complaint, return or refund.

The end result of the treatment falls entirely under the responsibility of the user. Factors such as hair condition, hair type, previous chemical treatments and the method of application can affect the result. The seller provides no guarantee on a specific end result.

These products are not suitable for children, pregnant women or persons with hair loss, open wounds or skin conditions on the scalp. Use on eyebrows or other body hair is not permitted.

Article 3 – Price

All stated prices are expressed in euros, always including VAT and all other taxes or levies that the customer is required to bear.

If delivery, reservation or administrative costs are charged, this will be stated separately.

The prices listed on the website for the offered goods at the time of ordering apply. beautyaswell.com reserves the right to change the prices of goods, in particular when a legally determined pricing factor gives cause to do so.

The price stated refers exclusively to the articles as literally described. The accompanying photos are intended as decoration and may contain elements not included in the price.

Article 4 – Offer

Despite the fact that the online catalogue and e-commerce website are compiled with the greatest possible care, it is still possible that the information offered is incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the offer do not bind beautyaswell.com. beautyaswell.com is only bound by a best-efforts obligation regarding the accuracy and completeness of the information offered. beautyaswell.com is in no case liable for obvious material errors, typographical or printing errors.

When the customer has specific questions about, for example, sizes, colour, availability, delivery time or delivery method, we request the customer to contact us in advance via info@beautyaswell.com.

The offer is always valid while stocks last and can be adjusted or withdrawn at any time by beautyaswell.com.

beautyaswell.com cannot be held liable for the unavailability of a product. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.

The binding composition, instructions for use and precautions of a product are always those stated on the product's packaging. Manufacturers may change their formulations, methods or usage protocols without prior notice to distributors. In the event of a discrepancy between the information on the beautyaswell.com website and the information on the product's packaging, only the data on the packaging shall prevail. The buyer is obliged to carefully consult the label and the product leaflet before each use. Use of the product constitutes acceptance of the composition, the method and the instructions for use as stated on the packaging. Any differences between the information published online and the information on the packaging cannot be invoked as grounds for a complaint, return or refund.

The buyer is responsible for the correct storage of the product. Products must be stored in a dry, cool place, away from direct sunlight. The seller is not liable for damage or altered results due to improper storage.

The buyer is responsible for using the product within the indicated expiry date. The seller accepts no liability for results when the product is used after the expiry date.

Article 5 – Online purchases

All offers, orders and agreements are subject to the provisions of these General Terms and Conditions of Sale, unless beautyaswell.com expressly deviates from these in its offers. By ordering, you accept the applicability of the General Terms and Conditions in force at that time.

Offers

All offers from beautyaswell.com are without obligation and may be revoked. The duration of all offers is: while stocks last, or the duration as stated on the website. After the expiry of an offer's duration, you can no longer make use of that offer.

Orders

You can place orders in the manner described on the website. beautyaswell.com does not accept orders if beautyaswell.com cannot verify the provided address details as correct. beautyaswell.com is also entitled to refuse orders on other grounds or to attach special conditions to the agreement. If an order is not accepted, or if beautyaswell.com wishes to attach special conditions to the agreement, beautyaswell.com will notify the customer at the latest within 5 calendar days of receiving the order.

An agreement is only concluded after beautyaswell.com has confirmed your order by email.

beautyaswell.com is entitled to refuse an order due to a serious failure by the customer with regard to orders involving the customer.

Article 6 – Payment

Payments must be made at the time of ordering via the payment methods offered on the website. The order will only be processed upon receipt of full payment.

If the customer fails to make payment, beautyaswell.com is entitled to suspend or cancel the order. Any additional costs, including collection costs and statutory interest, are at the expense of the customer.

All offers, discounts and promotional codes are valid as indicated on the website and cannot be combined, unless expressly stated otherwise.

Article 7 – Delivery and execution of the agreement

Articles ordered through this online store are delivered throughout Europe. For orders delivered in Belgium, the Netherlands and Germany above €40.00, beautyaswell.com charges no shipping costs. For orders up to €40.00 delivered in Belgium, the Netherlands and Germany, beautyaswell.com charges €6.95 for shipping. For France, delivery costs are €9.95.

Unless otherwise agreed or expressly stated, the goods are delivered to the customer's home address within 1 to 7 working days after receipt of the order.

Any visible damage and/or qualitative deficiency of an article or other deficiency upon delivery must be reported by the customer to beautyaswell.com immediately, within 2 working days.

The risk of loss or damage passes to the customer from the moment he (or a third party designated by him, who is not the carrier) physically takes possession of the goods. However, the risk already passes to the customer upon delivery to the carrier, if the customer's carrier has been instructed to transport the goods and this choice was not offered by beautyaswell.com.

For all deliveries to countries outside the European Union, customs duties, import taxes and any other levies imposed by the country of destination are not included in the product prices of beautyaswell.com or shipping costs.

These costs are determined and collected by the customs authorities of the recipient's country upon arrival of the package. The nature and amount of these costs vary depending on the country of destination and applicable regulations.

Payment of all customs duties, import taxes and associated costs is solely the responsibility of the recipient.
Beauty as Well has no control over these costs and cannot predict the exact amount in advance.

By placing an order for delivery outside the European Union, the customer acknowledges and accepts full responsibility for all applicable customs duties, import taxes and additional costs.

Obligation to report damage or shortages

Any damage or shortages must be reported within 24 hours of receipt by email to info@beautyaswell.com, accompanied by clear photos of:

• The products
• The box (inside and outside)
• The label
• The full contents of the delivery

Reports without the above photographic evidence will not be processed.

Article 8 – Retention of title

The delivered articles remain the exclusive property of beautyaswell.com until the moment of full payment by the customer.

The customer undertakes, if necessary, to notify third parties of beautyaswell.com's retention of title, for example to anyone who may seize articles not yet fully paid for.

Article 9 – Right of withdrawal

The provisions of this article apply only to customers who purchase articles online from beautyaswell.com in their capacity as consumers.

The customer has the right to withdraw from the agreement within a period of 14 calendar days without giving reasons. The withdrawal period expires 14 calendar days after the day on which the customer or a third party designated by the customer, who is not the carrier, physically takes possession of the goods.

To exercise the right of withdrawal, the customer must notify beautyaswell.com, Terbekehofdreef 6-8 A6, 2610 Wilrijk, Belgium, email info@beautyaswell.com, by means of an unambiguous statement (for example in writing by post or email) of his decision to withdraw from the agreement. The customer may use the attached model withdrawal form for this purpose, but is not obliged to do so.

To comply with the withdrawal period, the customer must send his communication regarding his exercise of the right of withdrawal before the withdrawal period has expired.

The customer must return or hand over the goods to beautyaswell.com, Terbekehofdreef 6-8 A6, 2610 Wilrijk, Belgium, without undue delay and in any event no later than 14 calendar days after the day on which he communicated his decision to withdraw from the agreement to beautyaswell.com. The customer is on time if he returns the goods before the 14 calendar day period has expired.

The direct costs of returning the goods are at the customer's expense.

If the returned product has diminished in value in any way, beautyaswell.com reserves the right to hold the customer liable and claim compensation for any diminution in value of the goods resulting from the customer's use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.

Only articles that are in their original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be returned.

If the customer withdraws from the agreement, beautyaswell.com will refund all payments received from the customer up to that point, including standard delivery costs, to the customer within a maximum of 14 calendar days after beautyaswell.com has been informed of the customer's decision to withdraw from the agreement. In sales agreements, beautyaswell.com may wait with the refund until it has received all goods back, or until the customer has demonstrated that he has returned the goods, whichever comes first.

Any additional costs resulting from the customer's choice of a delivery method other than the cheapest standard delivery offered by beautyaswell.com will not be refunded.

beautyaswell.com will refund the customer using the same means of payment as the customer used for the original transaction, unless the customer has expressly agreed otherwise; in any case, no costs will be charged to the customer for such a refund.

Withdrawal and shipping costs

In accordance with articles 6 and 13 of Directive 2011/83/EU on consumer rights, the consumer has the right to withdraw from a purchase within 14 days of receiving the goods. If the customer exercises this right of withdrawal, beautyaswell.com will refund the full purchase amount, including the costs of the cheapest standard delivery method if offered by beautyaswell.com.

However, if the customer has expressly chosen a more expensive delivery option than standard delivery (such as DHL Express), the additional shipping costs will not be refunded, in accordance with article 13, paragraph 2 of the above-mentioned directive.

The costs of returning the products are in all cases at the customer's expense, unless otherwise agreed in writing.

Simply put: paid shipping costs (such as DHL Express) will not be refunded if a free standard option was available and the customer chose a paid or more expensive shipping method.

If the customer refuses the package upon delivery or does not collect it from the collection point within the specified period and it is returned to beautyaswell.com, the order will be considered cancelled by the customer. In that case, the purchase amount will be refunded after deduction of fixed costs of €15.00 for shipping and return costs.

If the customer requests the package to be resent, he must pay €15.00 (return costs) plus €6.95 (new shipping costs), a total of €21.95.

Article 10 – Return policy products

10.1 Used products

Products such as shampoo, keratin and protein will not be returned if they have already been used. Only unopened and unused products are eligible for return, provided they are in original and undamaged packaging.

10.2 Used tools and equipment

Tools and equipment such as trimmers, clippers, straighteners and hair dryers that have been used will not be accepted for return. By "used" we mean, among other things but not limited to: visible signs of use, hair residue, scratches, used accessories or the absence of protective film.

10.3 Diminution in value

beautyaswell.com unilaterally determines the diminution in value of returned products and tools. This diminution in value can amount to 100% of the purchase price if the product or tool is clearly used, damaged or no longer in new condition. The customer accepts this when placing the order.

10.4 Return of used articles

If the customer returns a used article that is not eligible for return, beautyaswell.com reserves the right to:

• Destroy the article without further notice, or
• Return the article to the customer at the customer's expense.

beautyaswell.com is in no case obliged to make a refund for articles returned in a used condition.

10.5 Incorrectly ordered product

If the customer has ordered the wrong product (for example the wrong colour, size or type), return is only possible if the product is unopened and unused. The return costs are in that case at the buyer's expense.

10.6 Return conditions tools and equipment

Tools and equipment that have been opened, used, or found in a damaged condition will not be accepted for return and are not eligible for a refund.

10.7 Return costs

Return costs are always at the buyer's expense, unless there is a factory defect acknowledged by beautyaswell.com.

Article 11 – Warranty

Pursuant to the law of 21 September 2004 on the protection of consumers in the sale of consumer goods, the consumer has statutory rights. This statutory warranty applies from the date of delivery to the first owner. Any commercial warranty leaves these rights unaffected.

To invoke the warranty, the customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.

The warranty period is one year, as the products of beautyaswell.com are intended for professional use.

For articles purchased online and delivered to the customer's home, the customer must contact us via info@beautyaswell.com and return the article to beautyaswell.com at his own expense.

11.1 Warranty on tools and equipment

The warranty on tools applies exclusively to the motor and the battery/accumulator.

11.2 No warranty on wearing parts

The warranty covers only factory defects (such as motor failures or electrical defects). Wearing parts such as the cutting blade or shaving head are not covered by the warranty, as these parts are subject to normal use and natural wear. If the cutting blade does not function properly or does not cut, this is not covered by the warranty.

11.3 No warranty on chemically treated or damaged hair

No warranty is given on the result for hair that has been chemically treated, dyed, bleached or otherwise damaged. The user applies the product at their own risk. The seller is not liable for damage, hair breakage or other consequences when applied to previously treated or damaged hair.

11.4 Warranty lapses in case of

• Self-repair or modification by the customer
• Use of non-original parts
• Water damage, drop damage or improper use
• Commercial excessive use beyond normal professional use
• Neglect, dropping or rough handling
• Use of the article contrary to the purpose for which it was designed
• Non-compliance with the instructions for use or manual
• Adaptations or modifications to the article
• Poor maintenance or any other abnormal or incorrect use

11.5 Reporting defects

Upon discovering a defect, the customer must inform beautyaswell.com as soon as possible. In any event, every defect must be reported by the customer within a period of 14 days of its discovery. After this, any right to repair or replacement lapses.

11.6 Free promotional products

All products sent free of charge as a promotion with orders via the beautyaswell.com website must be returned if you decide to return the order to beautyaswell.com. If the order is returned without these free products, it will not be accepted under the return conditions of beautyaswell.com. Free products cannot be exchanged, changed, or requested for another article.

In addition, a free product received as a promotion with your order is not covered by warranty. In the event of a defect, you cannot claim warranty through us.

Article 12 – Complaint period

Complaints about delivered products must be reported in writing (by email to info@beautyaswell.com) within 48 hours of receipt, accompanied by clear photos of the products, the box (inside and outside), the label and the full contents of the delivery.

Complaints submitted after this period or without the required photographic evidence will not be processed.

Article 13 – Allergies, skin reactions and professional conditions of use

The customer is personally responsible for performing an allergy test before using a product. beautyaswell.com is not liable for allergic reactions or skin irritations after use of the products of beautyaswell.com.

beautyaswell.com strongly recommends performing a patch test on a small area of skin before each first use.

For all professional treatment products (keratin, capillary botox, protein treatment, Brazilian straightening) the following mandatory precautions apply:

• Allergy test (patch test) 48 hours before the treatment
• Test on a hair strand before full application
• Wearing protective gloves during the entire handling
• Eye protection – in case of accidental contact, rinse immediately with water
• Application at 0.5–1 cm distance from the scalp – the product must under no circumstances come into contact with the skin or scalp
• Use in a well-ventilated room with sufficient air circulation
• Use of professional equipment (titanium or ceramic straightener, professional hair dryer)
• Thorough knowledge of treatment protocols is required
• The hairdresser and the user are obliged to strictly respect the prescribed processing time of the product. Processing for too short or too long a time can lead to undesirable results

Failure to comply with the above precautions may lead to undesirable reactions. The seller disclaims all liability for reactions resulting from non-compliance with these precautions. The occurrence of irritation, redness or other reactions as a result of not respecting the professional conditions of use cannot be invoked as grounds for return or refund.

The seller is not liable for damage or unsatisfactory results as a result of non-compliance with the recommended processing time.

Article 14 – Improper use

beautyaswell.com is not liable for damage to products or tools caused by improper use, failure to follow the supplied instructions for use, or negligent maintenance. The customer acknowledges that he/she is responsible for applying the product correctly in accordance with the supplied instructions.

Article 15 – Limitation of liability

The liability of beautyaswell.com is at all times limited to the purchase price of the relevant product. beautyaswell.com is not liable for consequential damage, lost income, loss of profit or indirect damage of any kind.

beautyaswell.com is not liable for damage resulting from the failure to deliver or late delivery of products due to force majeure or circumstances beyond its control.

Article 16 – Force majeure

In the event of force majeure, beautyaswell.com is not obliged to fulfil its obligations. beautyaswell.com may in that case suspend its obligations for the duration of the force majeure, or dissolve the agreement in whole or in part, without being obliged to pay any compensation.

Force majeure includes in any event, but is not limited to: strikes, fire, operational disruptions, energy disruptions, disruptions to a (telecommunications) network or connection, pandemics, government measures, transport problems, and failures of suppliers or other engaged third parties.

Article 17 – Customer service

The customer service of beautyaswell.com can be reached at:

• Phone number: +32 3 541 36 45
• Email: info@beautyaswell.com
• Post: Terbekehofdreef 6-8 A6, 2610 Wilrijk, Belgium

All communication by email is considered as written evidence. The customer must contact beautyaswell.com exclusively through the above channels for matters relating to orders, complaints or warranty.

Article 18 – Privacy

The data controller, beautyaswell.com, respects the AVG/GDPR privacy legislation. More information can be found in the privacy policy of beautyaswell.com on the website.

The customer is personally responsible for keeping his login details confidential and for the use of his password. Your password is stored in encrypted form; beautyaswell.com therefore has no access to your password.

Article 19 – Use of cookies

During a visit to the site, cookies may be placed on the hard drive of your computer. A cookie is a text file that is placed by the server of a website in the browser of your computer or on your mobile device when you visit a website. Cookies cannot be used to identify persons; a cookie can only identify a machine.

You can set your internet browser so that cookies are not accepted, that you receive a warning when a cookie is installed, or that cookies are subsequently deleted from your hard drive. You can do this via the settings of your browser (via the help function). Please note that certain graphic elements may not appear correctly, or that you may not be able to use certain applications.

Article 20 – Invalidity – Non-waiver

If a provision of these conditions is declared invalid, unlawful or void, this shall in no way affect the validity, lawfulness and applicability of the other provisions.

The failure by beautyaswell.com at any time to enforce any of the rights listed in these conditions, or to exercise any right thereof, shall never be considered as a waiver of such a provision and shall never affect the validity of these rights.

Article 21 – Amendment of conditions

If one or more of the provisions of these conditions or any other agreement with beautyaswell.com should be in conflict with any applicable legal provision, the relevant provision shall lapse and shall be replaced by a new legally permissible comparable provision to be established by beautyaswell.com.

beautyaswell.com reserves the right to amend these General Terms and Conditions at any time. The conditions that were published on the website at the time the agreement was concluded shall apply to the agreement. You can print these before or during the ordering process on the website.

Article 22 – Applicable law – Disputes

Belgian law is applicable, with the exception of the provisions of private international law regarding applicable law.

The courts of the consumer's place of residence have jurisdiction in the event of legal disputes. In the absence of an amicable settlement, the courts of the district of Antwerp, division Wilrijk, have exclusive jurisdiction for disputes with professional customers.

beautyaswell.com always strives to resolve any dispute amicably in the first instance. beautyaswell.com therefore requests customers to contact info@beautyaswell.com in the event of complaints or disputes before taking legal action.

The consumer can also turn to the ODR platform (Online Dispute Resolution): http://ec.europa.eu/consumers/odr/

Article 23 – Intellectual property, completeness and applicability

23.1 Intellectual property

All content on the beautyaswell.com website, including but not limited to texts, photos, logos, images, graphic elements and the name beautyaswell.com itself, are the exclusive property of Comptoir Adam B.V. and are protected by copyright and other applicable intellectual property rights.

It is strictly forbidden to copy, reproduce, distribute, modify or use any content from the beautyaswell.com website in any other way without prior written permission from beautyaswell.com. Infringement of these rights may result in civil and criminal prosecution.

23.2 Applicability to professionals and consumers

beautyaswell.com sells products primarily intended for professional use. Customers who make purchases in their capacity as professional users or resellers do not benefit from the consumer protection provided by applicable consumer protection legislation, including the right of withdrawal and the extended warranty scheme.

Customers who make purchases as consumers (natural persons, not acting in the context of a professional activity) retain the rights granted to them by applicable consumer legislation, to the extent that these are not expressly excluded by these conditions.

By placing an order, the customer explicitly confirms in what capacity he/she is acting. beautyaswell.com cannot be held liable for incorrect declaration of capacity by the customer.

23.3 Completeness of the agreement

These general terms and conditions, together with the product information, delivery conditions and return conditions stated on the website, constitute the complete agreement between beautyaswell.com and the customer with regard to the purchase of products. They replace all previous oral or written agreements, communications or arrangements between the parties on the same subject.

If beautyaswell.com fails to exercise a right or enforce an obligation at any time, this does not constitute a waiver of that right or obligation for the future.

Annex 1 – Model withdrawal form

Dear customer, this form should only be completed and returned if you wish to withdraw from the agreement.

To beautyaswell.com, Terbekehofdreef 6-8 A6, 2610 Wilrijk, Belgium

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the sale of the following goods/supply of the following service (*):

......................................................................

Ordered on (*): ......................................................................

Received on (*): ......................................................................

Name of customer(s): ......................................................................

Address of customer(s): ......................................................................

Date: ......................................................................

(*) Delete as appropriate.