Article 1 Definitions
In these General Terms & Conditions the following definitions are used:
- Sisay Cosmetics: Sisay Cosmetics with registered address Meirbrug 1 – 2000 Antwerp, Belgium.
- Client: The natural or legal person who enters into an agreement with Sisay Cosmetics
- Agreement: The Agreement between Client and Sisay Cosmetics.
Article 2 General Terms & Conditions
2.1 These General Terms & Conditions apply to every agreement, all offers and orders between Sisay Cosmetics and Client.
2.2 The applicability of any purchase or other conditions of the customer is explicitly rejected.
2.3 Any deviations on these General Terms & Conditions are only valid if explicitly agreed in writing or electronically.
2.4 Unless one or more of the provisions in these General Terms & Conditions are or will be annulled, the remaining provisions of these terms and conditions apply.
Article 3 Realization of the Agreement
3.1 The Agreement is concluded the Client approved with the offer of Sisay Cosmetics.
3.2 After the Client has agreed with the offer, Sisay Cosmetics will send a confirmation per e-mail.
Article 4 Execution of the Agreement
4.1 Sisay Cosmetics ensures that the execution of the agreement takes place in accordance with the requirements of due care and quality.
4.2 All offers of Sisay Cosmetics are without obligation. All offers are valid while supplies last.
4.3 Discount promotions and special promotional products are not exchangeable for money or products and services other than those indicated on the coupons or promotions.
Article 5 Time of Delivery
5.1 The by Sisay Cosmetics mentioned Time of Delivery cannot be taken in account as a final date and time.
5.2 Delivery will take place the moment that the products are received by or on behalf of the Client. After this the risk of the products passes to the Client.
5.3 The Time of Delivery commences at the moment the Client has received an electronic confirmation from Sisay Cosmetics and the Client has paid the invoice amount to Sisay Cosmetics.
5.4 In event of a force majeure, like mentioned in Article 13, the Time of Delivery will be extended by the period that the force majeure continues.
5.5 In case Sisay Cosmetics suspects that the stated Time of Delivery is not met, Sisay Cosmetics will notify the Client by telephone or via email. An exceeding Time of Delivery does not give the Client the right to dissolve the Agreement, reimbursement or any other form of compensation.
5.6 The Client is obliged to inform Sisay Cosmetics in writing of every address change or move. In case the Client does not inform Sisay Cosmetics in a timely manner, Sisay Cosmetics will not be held liable for the Delivery of the products at a wrong address.
Article 6 Prices
6.1 The stated Prices of the products and services are in Euros and include the VAT and exclude the Shipping Costs.
6.2 The Prices may be adjusted at any time. Sisay Cosmetics will adjust the Prices in the case of changes in legal regulations, formulas, costs, rates, market conditions, assortment, composition or any other reasons that matter.
6.3 The purchase price is the current price on the day of Delivery.
6.4 In case the Price increases have taken place for products between the moment the Client placed the order, the Client holds the right to cancel the order within 7 days after the announcement of the Price increase by Sisay Cosmetics.
Article 7 Billing and Payment
7.1 The invoice will be send by email. Payment, depending on the order or service, needs to be paid within 7 days or within the agreed period set by Sisay Cosmetics.
7.2 Payment can be done with one of the methods indicated during the order process. With Payment by bank transfer, the date of Payment is the date of the wire on the bank account of Sisay Cosmetics.
7.3 In the event of a non-payment or overdue payment the Client will owe legal interest on the outstanding amounts from the due date of the invoice until the day of full payment. Furthermore, all judicial and extrajudicial costs for collection are at the expense of the Client.
Article 8 Guarantee, complaint procedure and statute of limitations
8.1 Sisay Cosmetics guarantees that the delivered products meet the usual requirements and standards that can meet these requirements. The Client must further examine the delivery after it has been delivered to determine if the products meet the usual requirements.
8.2 In case the delivered products do not comply with the usual requirements, the Client has the right to initiate a complaint procedure. The Client will have to deliver the Complaint in writing within 7 days after the Delivery of the products by Sisay Cosmetics. The Client needs to mention the Date of Order, Invoice numbers and Tracking numbers.
8.3 Sisay Cosmetics will have the opportunity to investigate the Complaint within a period of maximum 4 weeks.
8.4 If Sisay Cosmetics determines that the delivered product indeed does not meet the set requirements and standards, the amount will be returned to you or a different product for the same amount will be charged.
8.5 All claims against Sisay Cosmetics that have not been submitted to Sisay Cosmetics within 1 year of their occurrence will expire by prescription.
Article 9 Return Shipment
9.1 In case the Client does not wish to purchase a product without defects, the product can be returned within 7 days after the Delivery. The product will have to be unopened in the original and undamaged packaging. The costs of the return shipment will be charged to the customer. Unstamped shipments will not be accepted.
9.2 In the event that the Client has already paid the products, Sisay Cosmetics will refund the price of the products within 14 days after receipt of the return shipment in accordance with the conditions in Article 9.1.
Article 10 Intellectual ownership
10.1 The Intellectual and Industrial ownership of the delivered products and services belong to Sisay Cosmetics.
10.2 The Client is strictly forbidden to resell or make the delivered products and/or services available to a third party.
10.3 If the customer infringes the intellectual and industrial property rights of Sisay Cosmetics, all damage suffered by Sisay Cosmetics will be charged to the customer. Damage includes, among other things, loss of turnover.
10.4 Sisay Cosmetics cannot guarantee that the delivered products and/or services supplied to you do not infringe on (unwritten) Intellectual and Industrial property rights of third parties.
Article 11 Suspension and termination of contract
11.1 Sisay Cosmetics is entitled to suspend the fulfillment of the obligations or to terminate the Agreement if:
- the Client does not, not fully or not timely fulfill the obligations under the Agreement;
- After the conclusion of the Agreement Sisay Cosmetics has come to know circumstances that give good grounds to fear that the Client will not fulfill the obligations.
11.2 If the Client has applied for suspension of payments or is in a state of bankruptcy or has applied for a trustee, Sisay Cosmetics is entitled to terminate the Agreement immediately.
Article 12 Force majeure
12.1 Sisay Cosmetics cannot be obliged to execute the Agreement and is not liable for any damage in case of a force majeure.
12.2 Force majeure includes: weather influences; internet and power failure; failure in mail traffic; computer intrusion or a hacker attack; delay in the execution or delivery by its suppliers, interruption of production, lack of raw materials, semi-finished products or auxiliary materials; government measures; theft; fire; business failure; illness or personal family circumstances of the natural person who performs the Agreement on behalf of Sisay Cosmetics.
Article 13 Confidentiality
13.1 Sisay Cosmetics is obliged to maintain the confidentiality of information available to the customer, except insofar as any statutory Sisay Cosmetics requires notification.
13.2 If you wish, Sisay Cosmetics will use your information to inform you about its products and services. If you do not want this you can report this in writing.
Article 14 Governing Law and Jurisdiction
14.1 The legal relationship between the Client and Sisay Cosmetics is exclusively subject to Dutch law / Belgian law. Parties will only appeal after they have made every effort to settle a dispute in mutual consultation.
14.2 The judge in Sisay Cosmetic’s place of business has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise.