- About us and these General Terms and Conditions
The internet portal PerfectHair as well as the shopping community integrated therein (hereinafter jointly referred to as the “website”) are managed by Mr Dieter VERVOORT, of Huyten 8, 2431 LAAKDAL, with company number 0630.986.681, firstname.lastname@example.org (hereinafter “PerfectHair”, “us” or “we”).
These General Terms and Conditions apply to the offering of any product ordered by the customer on this […] of PerfectHair.
These terms and conditions, including the special terms and conditions for each order, shall apply to the agreement between PerfectHair and its customer.
The current terms and conditions are considered to be formally and explicitly accepted by the customer. They apply to the exclusion of the customer’s own general terms and conditions (even if these terms and conditions are contrary to the general or special terms and conditions of the customer), even if these are dated more recently.
Order and delivery
The customer bears responsibility for the correctness of the information provided by the customer to PerfectHair. PerfectHair has no obligation to check and in the event of inaccurate or incomplete information from the customer, the latter shall bear all the consequences (delivery date), as well as direct and indirect additional costs and an administrative charge for amending and correcting the order.
PerfectHair spends a huge amount of time and energy on getting perfect information from the customer so that they can make their choice in the best possible circumstances. This is based on comprehensive and representative photo material and a detailed, comprehensive product description. The customer states that he or she has been able to make a well-considered choice using the website and does not need any further information.
The customer knows that he or she can make personal contact with PerfectHair (http://staging.perfecthair.be/support/) at any time to ask for further information about the product and additional photos. The customer is expressly asked to look closely at his or her choice given the consequences associated with it.
The commitments that PerfectHair has entered into shall only be binding after written confirmation on its part, which is generated by the website after correct order and payment. The communication of prices, rates, delivery dates, and terms and conditions of sale does not imply any undertaking on the part of PerfectHair until this order is expressly confirmed.
Delivery will take place either through handing goods over directly to the customer, or through the issue of goods to a shipper or carrier in the PerfectHair buildings. Goods will be transported at the customer’s risk, even if these are shipped carriage paid. PerfectHair is free to designate shipper or carrier.
Right of withdrawal
The customer has 14 days to withdraw from the distance agreement without giving reasons. The customer can only make use of this right if he or she withdraws the entire order.
The customer shall bear the costs of returning the goods. If the customer has paid an amount, PerfectHair shall refund this amount as soon as possible, and in any event within 14 days of withdrawal. However, this is on condition that the returned product has already been received by the online retailer or that conclusive proof can be provided that the goods have been returned in full. Products must be returned in their original packaging, as new.Pursuant to the relevant provisions of the Code of Economic Law the customer cannot exercise the right of withdrawal for the delivery of sealed goods that are not suitable for return due to health protection or hygiene reasons and the seal of which has been broken after delivery.
By breaking the seal the customer irrevocably waives the right to his or her right of withdrawal. This is because for hygiene reasons the delivered goods are no longer suitable for use or re-use once the seal has been broken.
Prices and Payment
The prices quoted on the website are inclusive of VAT, but exclusive of any packaging and/or shipping costs. If an incorrect VAT percentage is applied, PerfectHair can always rectify this, and the customer accepts the consequences of this.
The goods must be paid for in cash, without discount, before PerfectHair dispatches the goods. If payment is not made, is incomplete or is late, PerfectHair reserves the right not to dispatch the ordered goods, pending clearance of the outstanding balance.
The goods will remain the property of PerfectHair until they have been paid for in full.
If a customer decides to collect the goods, he or she must arrange full payment on site (cash or bank card).
If payment is still outstanding on the due date (30 days from invoice date unless otherwise agreed) the outstanding invoices shall incur default interest of 6% per annum by operation of law and without prior notice of default.
In the event of unjustified non-payment of an invoice, a fixed sum of 10% of the invoice amount, with a minimum of €100, shall be payable to the other party by way of compensation.
In calculating these terms, each part month shall be taken as a full month. In the event of non-payment on the due date, all sums owed shall fall due immediately, regardless of the payment facilities previously granted. Furthermore, PerfectHair reserves the right not to deliver any more goods and services until all payments have been made.
As soon as the customer fails to observe his or her contractual obligations, PERFECTHAIR can, by operation of law and without prior notice of default, either suspend its obligations or dissolve the agreement. The same obviously applies to the customer if PERFECTHAIR fails to comply with its contractual obligations.
5.1. PerfectHair guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usefulness and the statutory provisions and/or government regulations existing on the date the agreement comes into effect. If agreed, the company will also guarantee that the product is suitable for other than normal use.
5.2. A guarantee provided by PerfectHair, or by the manufacturer or importer, shall not affect the statutory rights and claims that the customer has vis-à-vis the merchant under the terms of the agreement.
The guarantee shall not apply if:
The consumer has modified and/or treated the delivered products himself or herself or has had this done by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled in a negligent manner or contrary to the directions of the merchant and/or noted on the packaging;
The defect is fully or partially the consequence of current or future government regulations regarding the nature or quality of the materials used.
Except in cases of hidden defects, any complaint regarding the goods delivered, or service or repair provided, must be reported to PerfectHair within 8 days of receipt of the goods and/or service, by registered letter, on pain of nullity. Complaints regarding visible defects and defects relating to the quantities delivered shall not be admissible after delivery and acceptance of the goods.
Minor deviations or tints that are deemed acceptable or technically unavoidable in the industry cannot give grounds for complaint.
In the event of incorrect delivery or an admissible, well-founded complaint regarding hidden defects, the customer accepts that PerfectHair shall, as suitable compensation and reimbursement of its losses, get the refused goods replaced by other goods at its own expense. In that event, PerfectHair shall not normally owe any additional compensation, nor can any other sanction be imposed upon it, unless it is proved and, in principle, is also apparent from the order. The incorrect delivery shall not, in principle, constitute a ground for cancelling the agreement.
The liability of PerfectHair cannot be invoked if the failure to comply with its obligations is due to instances of force majeure and/or circumstances beyond its control. Force majeure shall suspend the delivery term and shall under no circumstances give the customer the right to dissolve the agreement or entitlement to compensation.
The following instances are in any case regarded as force majeure (this list is not exhaustive): accidents, material tearing, delays or failures at the supplier, traffic disruption, strikes, business embargoes, lock-outs, fire, transport problems, war, lack of energy or transport, unforeseen government measures and abnormal climatic conditions.
Courts of competent jurisdiction and applicable law
All disputes between PerfectHair and the customer shall be heard exclusively by the competent Court of First Instance in Antwerp, Turnhout Division, which shall apply Belgian law.
The possible nullity of one or more provisions of these conditions shall not affect the applicability of all other clauses. Parties undertake, where applicable, to replace the null and void clause with the clause that most closely resembles the actual will and intentions of parties and the economics of the agreement.
Parties agree, if applicable, to always choose the basic rate of the updated costs of legal representation, including in a hearing on an objection.