General terms and conditions Delphin and Emerence

Last adaptation:  September 27, 2019

table of contents

Clause   1 – Identity of the vendor

Clause   2 – Applicability

Clause   3 – Our offer and your order

Clause   4 – Right of withdrawal

Clause   5 – Price

Clause   6 – Payment

Clause   7 – Conformity and warranty

Clause   8 – Delivery and execution

Clause   9 – Force majeure

Clause 10 – Intellectual property

Clause 11 – Complaints procedure and conflicts

Clause 12 - Privacy and Cookie Policy

Clause 1       Identity of the vendor

We are:

 

Green Fit Beauty Concept bvba (hereafter referred to as GFBC)

Established in Keukeldam 35 D, 8790 Waregem, Belgium

 

Email address: info@greenfitbeautyconcept.com

Company number:  BE 0632 457 816

Phone Number: 0032 486 511 154 (Belgium)

Bankaccount: BE 91 751 2075739 76

Clause 2       Applicability and conditions

1. Our terms and conditions are applicable to every offer from us as a webshop to you as Consumer (every natural person who, for non-occupational purposes alone, purchases or uses a good or service made available on the market).

 

2. We deliver exclusively in the countries mentioned in clause 8. If you submit a delivery address outside of these countries, we reserve the right to decline your order.

 

3. To be able to place an order, you must above the age of 18. If you are younger than 18, we ask you to let a parent or legal guardian place your order. If it comes to our attention that an order is made by a minor, we reserve the right to decline your order.

 

4. Placing an online order on the website constitutes a formal acceptance of our terms and conditions, which are always available through our website.

 

5. If you ordered online, we provide you in addition and together with the order confirmation or at the latest on delivery with a copy of these terms and conditions in a format that you can save or print. We moreover recommend that you always do this.

 

6. If in addition to these terms and conditions, additional special conditions apply, the above applies also to those special conditions. You as consumer can always invoke to your advantage the most preferential text if our terms and conditions would be contrary to the above special conditions.

 

clause 3        our offer and your order

1. We explicitly state in our offer when the latter is only valid for a constrained period of time or is subjected to specific conditions.

 

2. We always describe as complete and accurate as possible what we sell to you as well as the course of our delivery process. The description is in any case sufficiently detailed to allow you to make a proper assessment. If we make use of graphics, they are a true reflection of the offered goods and / or services. However, to err is human and if we are clearly mistaken, we are not obliged to deliver to you.

 

3. Your order is complete and the contract between us is final once we confirm your order by mail and regarding your payment made by credit or debit cards, as soon as we receive approval from the issuer of your card. We accept Bancontact, Maestro, Carte Bleu, V-pay, Visa, Mastercard and American Express. Should the issuer of your card refuse to agree on your payment to us, we cannot be held responsible for any delays in the delivery and/or non-delivery of your order. Orders without valid payment by name of the registered cardholder will not be accepted or processed.

 

 

4. In order to purchase a product, you add it to your shopping basket. Afterwards you submit your contact details and billing data. Depending on the country of delivery we ship with B-Post, PostNL, DPD or DHL. In the final step you are led to an overview page, you accept our terms and conditions and you confirm your payment by pressing the ‘Buy Now’ button, with the caption “order with payment”. If you have completed these steps, your purchase becomes final.

clause 4        Right of withdrawal

1. If you buy goods from us, you have the right to decide that you do not want to keep the goods for 14 days from the delivery or[1] the conclusion of the contract. You can then return your order without penalty and without giving any reason (the cost hereof is to be paid by you). Within 14 days after reception of your returned order or your indication that you wish to forgo the agreement, we will pay you back the full purchase price, by the same means of payment which you utilised for the purchase.
2. The direct costs of the return of the goods will thus be at your expense. We will indicate the costs of the return or make an assessment of the costs, if it is not reasonably possible to calculate them in advance. Should it be impossible to return the goods by postal service, we will pick up the goods from you without charging you additional costs.

 

3. We can refuse repayment as long as we have not received the returned goods or until you have shown you have returned the goods, depending on which event occurs first.

 

4. We expect you to handle the order as well as the packaging with the utmost care during the first 14 days after delivery. If you want to return the goods, being hair brushes, as described above, those may not have been used in the intented way due to hygienic reasons, you may only unpack the box to assess whether or not you wishes to retain them. Used goods (hair brushes) that have been used, will not be accepted for return. When returning the goods, you will also have to return all delivered accessories and – if reasonably possible – return the goods in their original condition, packaging and shipping box; as well as taking in account our instructions as listed below.

 

5. You can return you package through post or courier.

 

Green Fit Beauty Concept

Felix De Ruyckstraat 3

8790 Waregem

Belgium

 

6. In order to exercise your right to withdrawal quickly and correctly, both in case of delivery of services as in the case of delivery of goods, you can fill out the form in attachment and send it to info@delphinandemerence.com We will send you an acknowledgement of your withdrawal by email.

 

Clause 5       Price

1. During the period we mention in our offer, our prices do not change, except for price changes resulting from changes in VAT rates.

The prices are valid on the day they are being shown on the website or for the mentioned period of validity. The prices mentioned on www.delphinandemerence.com are being expressed in euro inclusive of Belgian VAT of 21% and excluding delivery or shipping costs. For certain currencies we do however give a non-binding indication of the value in other currencies. Green Fit Beauty Concept bvba has the right to change or correct pricing at all times. Green Fit Beauty Concept is not responsible for pricings that are clearly not correct, for example as a result of input- or printing mistakes and can correct those mistakes after your order. All prices on the website are therefore under the exception of those mistakes. The prices do not include local costs inherent to a certain country or area (like import duties, local taxes,…), therefore these are to be paid by the customer. These local costs depend on your region and local administration.

 

Professional clients (businesses)

At the moment only private clients can make an order on this website. If you are a company you can not yet place an order using your business administration number. If you have a demand for a professional order, we kindly request you to send us an email regarding your B2B-order. (info@delphinandemerence.com)

 

Promotional campaigns and pre-launch campaign.

GFBC, Green Fit Beauty Concept, will undertake promotional campaigns on a regular basis. (for example pre-sale, discounts, free products, free delivery,…) These promotional campaigns run till end of stock or the end of the mentioned validity period. It is possible that the delivery time for our products with special reductions, are different from our normal delivery times. In this case, this will be clearly described during the buying process. It will not be accepted as a reason for cancelling your order. The method of delivery (shipper) can also be different from normal procedure during special promotional campaigns. 

A user can never benefit from 2 different promotional campaigns/discounts at the same time, unless GFBC indicates clearly that it is possible. Therefore GFBC has the right to adjust your order when we notice that by for example a technical error two promotional offers (discounts) accidentally are applied to one or more products or product categories.

Discount codes are not valid on gift cards and books, unless we clearly mention it on our website or in our offer.

 

2. As mentioned before the prices mentioned on delphinandemerence.com are being expressed in euro inclusive of Belgian VAT of 21% and excluding delivery or shipping costs. Customers living in the European Union will be charged the Belgian VAT of 21%. For clients outside of the European Union, there is an applicable VAT percentage of 0%, the difference with the Belgian VAT will therefore be deducted from the price mentioned on the website when you go through the check-out and payment procedure. The invoice you receive will clearly indicate this. This 0% VAT will compensate any local taxes and import duties you might have to pay in your country of residence. Hence, you will never experience unpleasant surprises.

 

Clause 6       Payment

1. We only accept advance payment through our website using the payment methods indicated there.

 

2. In order to guarantee safe online payment and the safety of your personal data, the transaction data will only be wired while encrypted with SSL technology. In order to make payments with SSL no special software is required. You recognize a safe SSL-connection by the “lock” in the bottom status bar of your browser.

 

3. All payments are being processed in euro during the buying and payment process. Any indications of the value in other currencies on our website are just indications for your convenience.

 All steps in the process :

 

CLAUSE 7   Conformity and Warranty

1. We guarantee that our products are in accordance with your order and meet the normal expectations you may have taking into account the specifications of the product. We also guarantee that our goods are in accordance with any at the moment of your order applicable law.

 

2. As a consumer, you dispose over a statutory 2-year warranty on goods purchased from us if this good is not in accordance with the placed order. During this period and within the legal limits, we provide for the free replacement or repair of goods showing a defect covered by the statutory warranty.

 

To the extent of what is possible or reasonable, you have a choice between replacement or repair. Only if replacement or repair is excessive or impossible, or impossible to delive within a reasonable time, do you have the right to a reduction or to demand the dissolution of the contract of sale.

 

During the first six months, you can in all cases call upon the guarantee. Afterwards you have to prove that the defects in the goods are not caused by abnormal use.

 

3. When we find out that the indications for use and maintenance mentioned on our website have not been followed, any damage resulting from this will not fall under the warranty conditions.

Clause 8       Delivery and execution

1. All goods and services are delivered to the address provided by you when ordering.

2. When a good is in stock it will be delivered to the delivery address within a period of 1 to 4 working days. If a good is not in webshop stock, we will inform you of the adjusted delivery period in your order confirmation.

3. For all deliveries we depend on the service from our shipper. The track & trace we will send you will update that information.

Standard delivery:

Orders for Belgium, The Netherlands and Luxemburg: 

All orders for Belgium, The Netherlands and Luxemburg are through our distributor www.johnbeerens.com. Click through to their website to order and see terms and conditions.

COUNTRY	SHIPPER	Delivery Time	COST incl VAT
Belgium	only through Johnbeerens.com	see website distributor	see website distributor
The Netherlands	only through Johnbeerens.com	see website distributor	see website distributor
Luxemburg	only through Johnbeerens.com	see website distributor	see website distributor

 

 Delivery to France, Germany: 

FREE DELIVERY for purchases over 100 euro.

COUNTRY	SHIPPER	Delivery Time	COST incl  VAT
France	Bpost or DHL	48u	7,95€
Germany	Bpost or DHL	48u	7,95€

 

 Delivery rest of Europe and rest of the world:

FREE DELIVERY for purchases over 100 euro.

Orders under 100 euro: delivery cost is 16,95€

USA-customers: we often ship "fulfilled by Amazon" from their warehouse in the USA to make sure you get your package fast! In that case there are no import duties to be paid from your side. Only sales tax or other local taxes in your hometown.

The recipient of the goods is responsible for all import duties, local VAT, local taxes, and extra costs inherent to the country of delivery, remote areas or islands.

Goods are being delivered with DHL Express or Bpost. Delivery time is usually around 48 hours or maximum 4 days.(depending on shipment company). You will receive a track & trace link to follow-up your order.  The recipient is responsible for all import duties, local VAT, local taxes, and extra costs inherent to the country of delivery, remote areas or islands. We are not responsible for any delays caused by the shipping company.

 

We currently are unable to deliver to the following countries:

 Belarus, Democratic Republic Congo, Ivoorkust (Côte d’Ivoire), Libanon (Republic of Lebanon), Liberia, Myanmar, Syria, Zimbabwe, Cuba, Iran, Irak, Democratic people’s Republic of Korea, Sierra Leone, Sudan, Afghanistan, Burundi, Libia, Mali, Niger, South-Soedan, Jemen, Central-African Republic, Eritrea, North-Korea, Somalia, Antartica, American Samoa, Federal states of Micronesia, French Guiana, Guam, Marshall Islands, Northern Mariana Islands(Noordelijke Marianen), Puerto Rico, Palau, Virgin Islands, Aland Islands, Birma, Gaza-strip, West Bank, Svalbard, Sao Tomé, Principe, French Southern Areas and Southpole, Tokelau, Wallis, Futuna, Kosovo.

 General information on deliveries

Orders are being sent from our warehouse after we receive your payment. Orders placed during the weekend or national holidays will be shipped the next working day. Please make sure that the address of delivery is written correctly and that there is always someone present to receive your package at the delivery address (usually a signature is demanded upon delivery). We are not responsible for loss or damage to the goods once they have been delivered according to the normal procedure. A delivery address is an address where someone is present for the receiving of the goods, this is highly recommended. It might be good to choose a delivery address at your work place, family, friends or neighbours or a neighbourhood shop in your area. Never fail to inform those people of the delivery of your package. Please note that all products and delivery costs are subject to Belgian VAT. If you live outside of the European Union, local taxes or import duties might be asked to pay upon receivingby the authorities.

 

Stock availability:

Unfortunately, from time to time, there is a chance that we run out of stock on some goods. In that case we will contact you. The available goods in your order will be shipped immediately. We will ship the missing items as soon as they are back in stock. You will only be charged delivery cost one time.

 

4. If we are not able to deliver on time, we will always notify you before the end of the delivery period. If we do not, you can cancel your order free of charge (except for special offers, see above). In that case we will refund you within 30 days after dissolution of the agreement.

 

5. The shipment of goods and gift vouchers is always at our risk. So you do not have to worry about goods lost during transportation. If you, however, return goods to us within 14 days after delivery because you prefer not to keep them, you will be responsible for the transportation.

 

6. If the delivered goods were damaged during transport, do not correspond to the goods mentioned on the delivery note or do not correspond to the goods you ordered, you have to report this as quickly as possible and in any case within 3 days. Subsequently, you have to send the goods back within 14 calendar days after delivery. You have to use the enclosed “return form” for this. If you have any questions while filling in this return form, you can contact one our employers on the email address info@delphinandemerence.com

 

We cannot be held responsible for any consequential damage suffered due to late delivery or non-delivery by the transporter assigned by the company. In such cases our liability remains limited to the value of the goods of which it is shown that they were not received by the customer.

 

CLAUSE 9   Force majeure

1. In case of force majeure, we are not obliged to fulfil our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate the agreement.

 

2. Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the webshop, late delivery or absence of delivery by suppliers or other third parties,…

Clause  10    Intellectual property

1. Our website, logos, texts, photographs, names, and in general all our communications are protected by intellectual property rights either belonging to us or our suppliers or other claimants.

 

2. It is forbidden to use and/or change any of the intellectual property rights as described in the present clause. So you may not copy nor reproduce for example drawings, photographs names, texts, logos, colour combinations, etc. ...without our prior written and explicit consent.

clause  11     Complaints procedure and conflicts

1. We do hope that all our customers are always 100% satisfied. If nevertheless you would have complaints concerning our services, please do not hesitate to contact us at info@delphinandemerence.com. We will do the utmost to deal with your complaint within 7 days.

2. All contracts we conclude with our customers are, regardless of their place of residence, exclusively governed by Belgian law. Only the courts of Belgium are competent to adjudicate with disputes arising out of or connected to these contracts. If as a result of international law the law of a different country applies, the interpretation of the current terms and conditions will in the first instance be done in accordance to Book VI of the Belgian Commercial Code.

3. By way of Alternative Dispute Resolution measure, the Federal Service de Médiation des Consommateurs has been appointed to receive all demands of out of court settlement of consumer disputes. The Service will intervene directly or transfer your complaint to the appropriate service. You can contact the Service de Médiation des Consommateurs via this link: http://www.mediationconsommateur.be//en.
4. Another way to resolve disputes is by contacting in writing the "Comité van Verzoening (Noordkustlaan 1, 1702 Groot-Bijgaarden, Belgium"), that will mediate between the consumer and the seller. In case of cross border dispute, you can contact the "Online Dispute Resolution" platform of the European Union via this link: http://ec.europa.eu/odr .

clause  12     Privacy and cookie policy

1. General Terms

The company “Green Fit Beauty Concept bvba” with headquarters at Keukeldam 35 D, 8790 Waregem, Belgium, registered at the “Kruispuntbank Ondernemingen” by number BE0632 457 816 (hereinafter GFBC) is responsible for the processing of your personal data on the website www.delphinandemerence.com

 GFBC as a Belgian company, applies the “law of December 8, 1992 on Privacy Protection in relation to the Processing of Personal Data” as modified by the “law of December 11, 1998” and by the “law of June 13, 2005 on electronic communications”.

 GFBC takes responsibility for the processing of your personal data. A notification has been made to the Commission for the protection of privacy with regard to the processing of your personal data, as required by the Law.

2. Collected personal data

 2.1.      Data that you communicate to us

On the Registration Form on the Website: email adress, name

During the ordering process: email address, name, address

2.2.      Data that are automatically collected

 Certain data will be collected through cookies: see below for our cookie policy.

 Some data can also be collected without being stored in cookies. These data may only be consulted by GFBC and only during the visit of the Website. They are: 1°) address TCP/IP 2°) the type and version of your navigation system 3°) the last window opened on internet. 

2.3.      Personal data communicated by commercial partners

In this case, the commercial partners of GFBC guarantee to GFBC that they have actually received the authorization to communicate these personal data.

3. Purposes of the processing of data

 3.1.      General purposes

 The personal data are collected to:

• Offer you the services of the Website;
• Allow a market research in order to improve the technical and intrinsic quality of the Services;
• Provide you with information related to the future offers that might interest you;
• Administer the technical aspect of the Website;
• After having checked the anonymous characteristic of the data, compile statistics or lead an investigation regards as the quantity of visits on the different parts of the Website.

 3.2.      Direct marketing and communication or transfer to third parties

 Your personal data stay strictly confidential and will not be communicated to third parties or be used for direct marketing purposes, other than GFBC.

In case of whole or partial reorganization or cession of GFBC’ activities, whereby GFBC reorganizes, transfers, ceases her business activity or in case GFBC goes bankrupt, your personal data may be transferred to new entities or third parties. GFBC will try, if reasonably possible, to inform you beforehand of the fact that GFBC transfers your personal data to a third person, but you must be aware of the fact that this is not always possible nor technically nor commercially. GFBC won’t sell, let, hand out  your personal data nor place them at disposal of third parties, except in the situations provided for in this policy or unless your explicit and preliminary consent.

 3.3.      Serious violations

 GFBC will be able to communicate your data at the request of the Justice in case of serious violations of the rules of conduct.

 

 4. Duration of the conservation of the data

 All the personal data are held as long as necessary for providing the Services by GFBC.

5. Right to access and rectify

We follow EU-guidelines stated in the GDPR. Following those rules you have the right to consult free of charge your personal data at any time, to rectify or modify them, by sending an email to the address @info@delphinandemerence.com or by letter to the address in article 1 (provide address in article 1 or stipulate other address) of this Privacy Policy, providing in attachment a copy of your identity card.

 You are entirely free whether or not you communicate your personal data to GFBC. However, you must be aware that some services may be refused if you do not complete your personal data on the Registration Form and that you are the only one liable for the correctness of the data that you communicate to GFBC. 

6. Right to object

 You may exercise your right to object within the framework of the processing of your personal data if you consider that serious and legitimate reasons exist to do so, by sending an email to the address info@delphinandemerence.com

However, you cannot object against the processing of your personal data if this processing is essential to the fulfillment of the contractual obligations.

7. Security and confidentiality

 GFBC has developed technically and organizationally appropriate security measures in order to avoid the destruction, loss, forgery, modification, forbidden access and mistaken communication to third parties as well as every other unauthorized processing of the collected personal data.

 GFBC may never be held liable for any direct or indirect damage that results from a wrong or illegal handling of the personal data by a third party.

 GFBC warns you that the Website can include links, hyperlinks or references to other websites from partners, that are not controlled or managed by GFBC and to which this Privacy Policy does not apply. GFBC is not liable for the content of these websites, or for the offers, products and services offered by those. GFBC advises you to carefully read the Privacy Policy of every website that you visit, given that these rules can differ from the present Privacy Policy. The websites and partners concerned are, non-limited list: Mailchimp, Justuno, Mollie Payments, Shopify...

8. Cookies

8.1.         Information on our use of Cookies

Our website uses Cookies and similar technologies to distinguish your preferences from those of the other users of our Website. This allows us to offer you a better experience when you visit our Website and to optimize our Website in the meantime.

Cookies and similar technologies do not allow to systematically collect data that enable us to identify the users of our Website. They only allow us to approve the operation of our Website, to understand the interests of our users and to measure the effectiveness of the content of our Website.

As a result of recent amendments of the law, all Websites focusing on certain parts of the European Union are obligated to ask for your permission in order to use or save cookies and similar technologies on your computer or mobile devices. This cookie policy clearly and completely informs you about the cookies we use and their purpose. Please read our Privacy Policy in order to take note of the Privacy rules applicable to the Website.

 For further information about this Cookie Policy you can contact us at info@delphinandemerence.com

 8.2.       What is a cookie?

 A “cookie” is a small text file that is sent from the server of GFBC and is stored on your computer’s hard drive. This way we can remember your preferences when visiting our Website.

 The information registered by these cookies may only be read by (GFBC) and only during the visit of the Website. You can refuse the use of these cookies by modifying the navigation configuration settings.

 8.3.       Kind of cookies

 Cookies can be subdivided based on their offspring, function and durability.

 First party cookies are cookies set by a website visited by the user i.e. the website displayed in the address bar. (e.g. cookies placed by URL of your website if you use these cookies)

Third party cookies are cookies that are set by a domain other than the one being visited by the user. A third party cookie occurs when a user visits a Website and a third party sets a cookie through that Website (e.g. cookies placed by Google, Twitter and Facebook).

Functional cookies are cookies that ensure the proper functioning of the Website (e.g. cookies for log-in or registration, language preferences). Functional cookies are logically first party cookies.

Non-functional cookies are cookies that can be set for statistical, social, targeting and commercial purposes. They are not related to the mere technical support of the Website. Cookies with statistical purposes allow us to check which pages of the Website you visit, where your computer is localized etc. Cookies with social purposes allow the user to share the content of the visited Website through social media directly to others. Cookies with targeting purposes allow a creation of your profile based on your surfing behaviour so that the displayed advertisement will be adapted to your interests. Cookies with commercial purposes keep track of how many and which advertisements were displayed to a user. Non-functional cookies can be first party or third party cookies.

Persistent cookies are stored on a users’ device in between browser sessions which allow preferences or actions of the user to be remembered. The cookies are activated every time the user that set these cookies visits the Website (e.g. cookies set by social media such as Twitter, Facebook, Google Analytics etc.) Most non-functional cookies are persistent cookies.

Session cookies allow websites to link the actions of a user only during a browser session. A browser session starts when a user opens the browser screen and ends when he closes the browser screen. Session cookies are only set temporarily. When you close the browser, the cookies will be removed. Most functional cookies are session cookies.

 8.4.       Your permission

By using our Website, you accept the use of cookies. In order to make optimal use of our Website, you need to accept the cookies, which you can do through your browser.

You can block Cookies by activating your browser settings which allows you to refuse the cookies. The rejection of these cookies may have the effect of not allowing you to use some functionalities on the Website. Carefully read this Cookie Policy for more information.

If at any moment you want to revoke your permission, you have to remove your cookies through your browser settings. If you wish to find out more about removing or blocking cookies, we find this website quite helpful: http://www.aboutcookies.org/Default.aspx?page=2.

8.5.     Changing your browser settings

 We would like to point out that Web browsers allow you to change your cookie settings. These settings can generally be found in the menu ‘Options’ or ‘Preferences’ of your web browser. In order to understand these settings better, the following links can be useful. In case you need additional information, you can consult the ‘Help’ function in your web browser.

• Cookie settings in Internet Explorer
• Cookie settings in Firefox
• Cookie settings in Chrome
• Cookie settings in Safari

8.6.       More information on cookies

Information on cookies

You can find useful information on cookies: http://www.allaboutcookies.org/

Internet Advertising Bureau

The association for digital marketers drafted a guide on online behavioural advertising and online privacy that you can find on: http://www.youronlinechoices.eu/

8.7.     Which cookies do we use on www.delphinandemerence.com?

As our website is running on Shopify their platform takes the following cookies when you are visiting our website. You can read any updates on this policy on their website through this link: 

 For cookies set by third parties (Google Analytics) we kindly refer you to the statements set forth by these parties on their respective websites. Beware, we do not have any influence on the content of these statements nor on the content of the cookies of these third parties.   

9. Applicable law and jurisdiction clause

 This Privacy Policy is managed, interpreted and executed in accordance with the Belgian law that exclusively applies to every potential dispute.

 The courts of Brussels (Dutch-speaking) are exclusively competent for any kind of disagreement that could arise from the interpretation or execution of the present Privacy Policy.

10. Agreement

 By using the Website, you agree to all the clauses of the present Privacy Policy and agree to the statement by which GFBC collects your personal data and process them in accordance with this Privacy Policy.