General terms and conditions
Article 1: Definitions
In these conditions definitions are specified as follows:
1. Grace period
The period of time the consumer gets to use his/her right of withdrawal
2. Consumer
The natural person that does not act as exercising a profession or as a company and enters into a contract at distance with the entrepreneur (see art. I.1,2° van het Wetboek Economisch Recht).
3. Professional
Every natural person that is not a consumer as determined in article I.1, 2° van het Wetboek Economisch Recht.
4. Client
A consumer or a professional who orders products on the website and/or purchases from the enterprise.
5. Goods/products
All physical movable properties that the consumer can buy at the enterprise by closing a remote agreement, particularly hair products, products for body care and the accessories.
6. Web shop
The website www.oseap.be through which the client can order and purchase goods from the enterprise.
7. Day
Calendar day.
8. Right of withdrawal
The possibility for the consumer to cancel the remote agreement within the grace period.
9. Entrepreneur
The natural person or legal entity who offers products en/or services by distance to consumers.
10. Remote agreement
An agreement in which a system is used with only one or more techniques for communication by distance, organized by the entrepreneur and used for remote selling of products and/or services (until the agreement is closed) also have a look at art. I.8, 15° van het Wetboek economisch Recht).
11. General conditions
The present General Conditions of the entrepreneur.
Article 2: Identity of the entrepreneur
O’seap is a brand name that is being used by the natural person (entrepreneur)
Marijke Goderis
Vredestraat 40
8400 Oostende
Email address: info@oseap.be
VAT number BE 0793.401.701
GSM-nummer: 0498 05 15 14
Article 3: Applicability
1.
These General Terms and Conditions are applicable to every offer, every quotation and order of goods that are offered on the website and also on every remote agreement between the entrepreneur and the client.
2.
Before the remote agreements is closed, the text of the general terms and conditions is made available to the consumer. These general terms and conditions will be clearly visible at the bottom of the pages of the web shop on www.oseap.be, so clients can look into them. The entrepreneur also asks the clients to accepts these terms and conditions before placing an order.
3.
The client recognizes to agree with these terms and conditions and these always have priority to the General Terms and Conditions of the client, except when there is an explicit agreement in writing (between the entrepreneur and the client) that states otherwise.
4.
In case that next to these general terms and conditions there are also specific goods conditions, the consumer can, in case there are contradictory general conditions, invoke the provision that is most beneficial for him/her.
5.
The entrepreneur has every right to use a altered version of the General Terms and Conditions. The newer version is applicable as soon as the version on the web shop is also altered and applies to all orders placed after the publication of the new version.
6.
Situations that are not handled in these General Terms and Conditions have to be interpreted according ‘to the spirit’ of these General Terms and Conditions.
Article 4: Offers, quotations and prices
1.
If an offer or quotation is valid for a restricted period of time or is made under other terms, this is explicitly mentioned in the offer or the quotation.
2.
The offer is without obligation, the entrepreneur is always entitled to change or adapt the offer or quotation
3.
The offer contains a complete and detailed description of the products/goods. The description is detailed enough for the client to judge the offer in a correct manner. The offer refers tot he products as they are described in words, matching photos are used as illustration only and may contain elements that are not included in the price. The entrepreneur clearly states preservations about some specific specifications as they are shown in the pictures. There can always be a difference in colour with every handmade batch.
4.
All pictures and specification details in the supply are only an indication and cannot, under any circumstance, open rights to an compensation of any kind.
5.
Published prices by the entrepreneur are, unless stated differently, in euros, including additional taxes if there are any. The total price will always be visible during the transaction, costs for delivery (if applicable) will also be visible once the full price is charged.
6.
The entrepreneur is not bound to price entries that are clearly incorrect, due to a printing error or language errors. The costumer cannot derive any rights from unlawful pricing information.
Article 5: The order/agreement
1.
The remote agreement comes into being at the moment the costumer accepts the offer and effectively places an order of one or more products by using the web shop of the entrepreneur and then also proceeds to valid and complete payment of the goods. If there is no correct payment, there is also no remote agreement.
2.
When the client has accepted the offer electronically, the entrepreneur confirms the reception of the offers as soon as possibly electronically. As long as the reception has not been confirmed by the entrepreneur, the client can still terminate the agreement.
3.
The client is supposed to transfer all useful and necessary information to the entrepreneur to make the remote agreement possible. The client commits to give correct, complete data when ordering. If there are reasonable suspicions for the entrepreneur to doubt that correct information has been supplied by the client, the entrepreneur can refuse the execute the order or apply special conditions to make the remote agreement.
4.
Only the client is held responsible for the order and the payment. If the payment is executed by a third party, the entrepreneur assumes the payment has been made on behalf of the client.
5.
Each agreement is entered into on the condition precedent of adequate availability of the products in question.
6.
If the agreement is made electronically, the entrepreneur will take all required, technical measures to ensure a safe web environment for the transfer of data and electronical payments.
Article 6: Right of withdrawal
1.
Consumers have a period of 14 days during which they may terminate the sales contract without any justification. This period commences the day after the products is received by the client. (also see art. VI.47 van et Wetboek Economisch Recht)
2.
If the client ordered more than one good, the period of 14 days of the right of withdrawal commences after receival of the last good by the consumer. The enterprise can, if the client has been informed prior to the ordering process, refuse the order of multiple goods with a different time of delivery.
3.
If there is only one good but it consists of multiple parts that are shipping separately, the term of 14 days begins after the consumer has received the last part.
4.
During the period of withdrawal the consumer is obliged to handle the goods carefully (the product and the packaging) and the consumer can only use it in a manner to judge whether he/she wished to keep the product. The consumer will be held responsible in case there is devaluation of the goods caused by actions that are in violation with ths article.
5.
The consumer that wishes to use his/her right of withdrawal needs to express this wish to the enterprise unambiguously. The consumer can do this preferably by email to info@oseap.be, the consumer can however also do this by writing a letter to the enterprise. The proof of the withdrawal and the returning the goods in a timely manner is completely the responsibility of the client.
6.
The costs of returning the goods and any diminished value of the goods are completely for account of the customer
Article 7: delivery
1.
The enterprise will handle the receipt, processing and execution of the orders of the clients with the greatest possible care.
2.
The ordered goods are delivered after receival of the complete payment. The place of delivery is the address as stated by the client.
3.
The enterprise commits to shipping the goods as soon as possible, within a delay of maximum 30 days after closing the romote agreement, unless both parties have negotiated another term. If the goods or a part of the ordered goods cannot be delivered with the delay of 30 days, the client will receive a message within the 30 days after closing the agreement. In this case, the client can terminate the remote agreement without any costs, but it does not entitle the client to any compensation.
4.
In case of termination, as described in the last point 3, the entrepreneur will refund the amount paid by the client within 14 days after the termination.
5.
For the delivery of the goods, the enterprise used an external firm which the enterprise thinks is best suited for the delivery of the goods.
6.
The risk of the goods bein damaged or lost, is transferred to the client from the moment the client or a third party being appointed by him/her (wwhich is not the transporter), effectively received the goods.
Article 8: Payment and invoices
1.
The client is obliged to transfer inaccuracies in provided or mentioned payment data to the entrepreneur without any delay.
2.
Unless explicitly agreed otherwise, the payment takes place at the moment of placing the order on the webshop. The payment is made by using the online payment platform Mollie and offers several online payment methods.
3.
After the payment an invoice is sent to the client by email. On this invoice, the invoice number, date of purchase and the tax rate ( if applicable) is mentioned.
4.
In case the consumer uses the right of withdrawal, the refund will be made by the enterprise, using the same payment method as used by the client, unless agreed otherwise between the parties. This refund can be refused by the entrepreneur if the client cannot prove that the goods have been sent back.
Article 9: Conformity
1.
The entrepreneur commits to deliver the ordered goods without defects.
2.
If there would be any defects or of the delivered goods do not conform with the order, a professional needs to contest the delivery under penalty of forfeiture within a delay of 10 calender days. If the professional does not do this within the agreed delay, he/she confirms to accept the delivery unconditionally and definitively.
3.
The company is liable for all defects that occur upon delivery of the goods for a delay of 2 years (legal guarantee) and this from the day of delivery. If the delivery is not in accordance with the order or if it has defects, the consumer needs to contest the delivery under penalty of forfeiture within a delay of 2 months after delivery. If the consumer does not contest the delivery within this period of time, the consumer confirms that he/she has accepted the order definitively.
4.
There can be no defects if the defects are the consequence of the negligence or wrong usage by the consumer or if the consumer had been notified of any defects.
Article 10: liability of the company
1.
The company cannot be held responsible towards the professional for damage to people, goods or services that are the consequence of the ordered goods. There can only be liability towards the professional in case of intent or gross error on the part of the company.
2.
The company can only be held responsible towards the consumer for damage to people, goods or services that are directly the consequence of the orDe onderneming kan ten opzichte van de consument enkel aansprakelijk gesteld worden voor schade aan personen, goederendered goods and this for a maximum amount of two times the value of the goods sold except in case of gross erroron the part of the company.
Article 11: Force majeure
1.
In case of force majeure the company does not have to comply with the obligations any longer. In this case, the company is entitled to suspend her obligations for the duration of the force majeure or the company can terminate the agreement.
2.
Force majeure is every situation resulting from circumstances beyond the control of the company and that prevent meeting the obligations partly or totally impossible, such as strikes, pandemics, work stoppages, energy failures or non-timely deliveries by suppliers or other third parties used by the company for the purpose of offering and delivering the products.
Article 12: Layout web shop
The company engages itself to display all the products and the information on the website accurately. The company does however not guarantee the accuracy of the information. The client needs to be aware of the fact that the proposed information is prone to alterations without prior announcement. The company is not responsible for any material, clerical errors on the web shop.
Article 13: Complaints
The costumer is obliged to notify any complaints about the products immediately to the seller. The complaint needs to contain a as detailed as possible description of the deficiency to make it possible for the seller to react in an adequate manner towards the client. If a complaint is justified according to the entrepreneur, the entrepreneur will substitute the good.
Article 14: Intellectual Property
Marijke Goderis maintains all intellectual property rights (including copyright, patent law, trademark law, drawing-and design right, etc.) on all products, designs, drawings, writings, portals for data or other information, quotations, images, sketches, models etc., unless otherwise agreed. The client cannot use or copy the named intellectual property rights for third parties without prior written consent of Marijke Goderis
Article 15: disputes
Only Belgian law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad. The Vienna Sales Convention does not apply. If one or more provisions of these general terms and conditions are declared null and void in legal proceedings, the other provisions will remain in full force and therefore there can be no question of total nullity of all other general terms and conditions.
In the event of a dispute, both the consumer and the seller can appeal to the ODR (the Online Dispute Resolution). If a problem is not resolved, parties can contact this EU institution via the following link:https://ec.europa.eu/odr
Article 16: Guarantee
O'seap is obliged to deliver a product as agreed. As a consumer you are entitled to a product without defects. It goes without saying that O'seap does everything in its power to realize this and that customer satisfaction is central.
Products must meet expectations under normal use. The law refers to a product that complies upon delivery (see art. 1649ter Civil Code). The product must therefore comply with the seller's description, with regard to the advertising, the instructions for use and the purchase documents. This declaration of conformity is valid for two years.
If you nevertheless experience problems with the product or if you believe it does not meet the conditions of normal use, do not hesitate to contact us atinfo@oseap.beso that we can discuss together whether the good should be returned and whether a refund applies