GENERAL TERMS AND CONDITIONS FOR ONLINE PRODUCT SALES
Mlle D'Errico

1. Definitions and Scope of Application

These general terms and conditions of product sales ("these Terms" or "they") apply to all online orders placed by the Customer with S.N.C. Mlle D'ERRICO, whose registered office is located at 28, Avenue Guillaume Gilbert, 1050 Ixelles, Belgium, registered with the Crossroads Bank for Enterprises under number 0722.933.575, and duly represented by Mlle D'Errico, administrator, founder, and legal representative, hereinafter referred to as "the Seller".

The "Customer" is any natural person who places an order with the Seller through its Webshop, whether the order is made for personal use or on behalf of a company or a third party.

The "Webshop" refers to the website available at the address: https://mllederrico.shop.

The Seller and the Customer are hereinafter collectively referred to as "the Parties", and individually as "the Party".

2. Enforceability

These Terms alone are applicable.

In any event, they exclude the general or specific conditions of the Customer that the Seller has not expressly accepted in writing. Furthermore, they prevail over any other version or any other contradictory document, as well as over any possible purchase or other conditions of the customer.

These Terms are freely accessible at any time on the Seller's Webshop, such that by placing an order with the Seller, the Customer declares to have read them and confirms their acceptance of the rights and obligations related thereto.

The Seller reserves the right to modify these Terms at any time and without prior notice. The new general conditions will, if applicable, be brought to the Customer's attention in the manner the Seller deems appropriate. These modifications will apply to all subsequent orders.

Exceptions to the provisions of these Terms may be made exceptionally, provided that these deviations have been the subject of a written agreement between the Parties. These deviations may consist of the modification, addition, or deletion of clause(s). In all cases, such modifications will have no impact on the validity of the other provisions of these Terms.

3. Description and Availability of Products

The Seller offers for sale cosmetic products for men, specializing in beard care such as oils, balms, shampoos, combs, and other accessories ("the Products").

The Seller undertakes to make every possible effort to restock its inventory regularly to satisfy all its Customers but cannot under any circumstances be held liable in the event that a product is no longer available.

In the event of the unavailability of a Product, the Seller will inform the Customer by email as soon as possible in order to replace or cancel the order and potentially refund the relevant price, with the rest of the order remaining firm and final.

4. Online Ordering

To place an order, the Customer visits the Seller's Webshop.

The Customer adds the Product(s) they wish to acquire to their cart.

Once the cart is validated, the Customer has the option to fill out an online order form using an electronic form.

By filling out this electronic form, the Customer accepts the price and description of the Products.

The Customer must provide an email address, billing details, and, if applicable, a valid delivery address. Any exchange with the Seller may take place through this email address.

It is the Customer's responsibility, at the time of validating their order, to check its accuracy and their billing/shipping details. If the Customer notices an error, it is their responsibility to immediately contact the Seller.

Any change occurring in the information provided during the order (for example: a change of address, email, phone number, bank information, etc.) must be communicated to the Seller as soon as possible at the following contact address: info@mllederrico.shop.

In addition, the Customer must choose the delivery method and validate the payment method.

5. Confirmation and Payment of the Order

The Seller remains the owner of the ordered Product(s) until full payment is received.

a. Payment

The Customer makes the payment at the time of the final validation of the order using one of the proposed payment methods.

This validation serves as a signature.

The Customer guarantees the Seller that they have the necessary authorizations to use this payment method and acknowledges that all information given for this purpose serves as proof of their consent to the sale.

In the event of a refusal of payment authorization by credit card from accredited organizations or in the event of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.

The Seller also reserves the right to refuse an order from a Customer who has not fully or partially settled a previous order or with whom a dispute is pending.

The Seller also reserves the right to refuse an order for any of the following reasons:

• the customer refuses to provide the information required and necessary for the order and delivery of the products ordered;
• the order form has not been correctly completed and/or does not provide complete, exact, and correct information;
• the Customer has not complied with the obligations incumbent upon them under another contract concluded with the Seller;
• in the event of evidence or serious indications of non-payment and/or fraud on the part of the Customer;
• the Customer is in default of payment in accordance with these Terms, has disrupted, or has threatened the smooth running of one or more orders.

b. Confirmation of the Order

Upon receipt of the validation of the purchase accompanied by payment, the Seller sends the Customer an invoice, unless it is delivered with the order.

The Customer may request the invoice to be sent to an address other than the delivery address by sending a request to the Seller.

Invoicing by the Seller is done automatically.

6. Price

The Seller reserves the right to modify its prices at any time by publishing them online. Only the prices indicated and the taxes in force at the time of placing the order will apply, subject to availability on that date.

Prices are indicated in euros and do not include any delivery and transport costs. Delivery costs are mentioned before the validation of the order and invoiced, unless otherwise stated, as an additional charge.

The Customer may acquire the Products offered on the Webshop through a one-time payment. Full payment is a prerequisite for the preparation and shipping of the Products.

The Customer may also opt for a subscription formula, monthly or quarterly, including the recurring shipment of Products.

The subscription takes effect upon validation of the order and renews automatically each period, unless terminated by the Customer in accordance with Article 11 of these Terms.

Under a subscription, the amount corresponding to the chosen period (monthly or quarterly) is automatically debited at each maturity date until termination. The Products included in the subscription are shipped according to the frequency indicated at the time of subscription.

Any subscription period started is due in full.

The total amount of the order (including tax), and if applicable, delivery costs, will be indicated before the final validation of the order.

7. Proof

Communications, orders, and payments between the Parties may be proven using computerized records, kept in the Seller's computer systems, or through its paper records.

Order forms and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.

8. Delivery

Delivery is only made after confirmation of payment by the Seller's banking institution.

Products are delivered to the address indicated by the Customer, via an external carrier, on the online form acting as an order form.

Delivery costs and risks are transferred to the Customer upon delivery to the carrier.

Additional costs resulting from incomplete or erroneous information provided by the Customer will be invoiced to them.

For reasons of availability, an order may be subject to several successive deliveries to the Customer.

Delivery takes place according to the method chosen by the Customer, and within the following timeframes:

• 2 to 5 business days for deliveries in Belgium;
• 10 business days for deliveries within the European Union.

The Seller does not deliver outside the European Union.

These delivery times are given as an indication. In the event of a delay, the Customer is informed by email by the Seller. No compensation can be claimed from the Seller or the carrier in the event of a delivery delay.

a. Verification of the Order

Upon receipt of the Products, the Customer or the recipient checks their good condition.

In the event that one or more ordered Products is/are missing or damaged, the Customer or the recipient must formulate the necessary reservations to the carrier at the time of delivery and immediately inform the Seller by email at info@mllederrico.shop.

Verification is considered carried out once the Customer or a person authorized by them has received the order without expressing reservations.

Any reservation not made according to the rules defined above and within the allotted time cannot be taken into account and releases the Seller from any liability towards the Customer.

b. Delivery Error

In case of a delivery error or non-conformity of the Products compared to the indications on the order form, the Customer informs the Seller within three (3) business days following the delivery date.

Any claim not made within the allotted time cannot be taken into account and releases the Seller from any liability towards the Customer.

c. Returns and Exchanges

The Product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging, according to the following terms: (to be completed). Opened and used Products cannot be returned for hygiene reasons.

Any claim and any return not carried out according to the rules defined above or within the allotted time cannot be taken into account and releases the Seller from any liability towards the Customer.

Any refunds will be made by the Seller within fourteen (14) days following the receipt of the product to be refunded.

9. Legal Warranties

a. Legal warranties for all customers

The Seller is required to guarantee its Products against hidden defects that render them unfit for the uses for which they are intended, or which diminish this use so much that the Customer would not have acquired them or would have given only a lower price if they had known about them at the time of purchase.

In the event of a hidden defect being found, the Customer must act promptly, and within a maximum of seven days, and will have the choice between returning the Product affected by a hidden defect for a full refund, or keeping it for a partial refund.

The Seller is not required to guarantee Products against apparent defects, which the Customer could or should have noticed at the time of purchase. Similarly, the Seller is only required to guarantee Products against hidden defects of which it was aware at the time of sale and which it failed to warn the Customer about.

Only the invoice and/or order form serve as warranty certificates for the Customer towards the Seller.

These documents must be kept by the Customer and presented in their original version.

The Customer may contact the Seller by email at info@mllederrico.shop or via the contact form available on the Webshop.

b. Additional legal warranties for customers acting as consumers

In the event that the Customer is considered a consumer within the meaning of the Civil Code, they have an additional legal warranty.

This legal warranty implies that the Seller guarantees any lack of conformity of the Product that appears within two years from the delivery of the Product to the Customer.

When noticing such a defect, the Customer undertakes to contact the Seller as soon as possible, and at the latest within 2 months following the identification of the defect.

The Customer may contact the Seller by email at info@mllederrico.shop or via the contact form available on the Webshop.

In the event of a lack of conformity appearing during the legal warranty period, the Customer may request the Seller to repair or replace the defective Product, unless this is impossible or disproportionate for the Seller.

In the event that repair or replacement is impossible or cannot be carried out within a reasonable time and without major inconvenience to the Customer, the latter also has the option to request a price reduction or the cancellation of the sales contract, namely the refund of the price paid.

In the event of a refund, the Seller may take into account the use made of the Product by the Customer since the date of its delivery.

Only the invoice and/or the purchase receipt serve as warranty certificates for the Customer towards the Seller. These documents must be kept by the Customer and presented in their original version. The warranty period starts on the date mentioned on these documents.

This warranty does not apply if the failure results from erroneous use, external causes, poor maintenance, normal wear and tear phenomena, or any use that is not in accordance with the Seller's instructions in the Product description.

The two-year warranty period is suspended during the repair or replacement period. The period already started resumes from the moment of replacement or completion of the repair.

In case of damage, theft, or loss of a Product submitted for repair, the Seller's liability will in any case be limited to the sale price of the Product.

At the end of this 2-year warranty period, the regime provided for in the previous point applies, and the consumer Customer must then provide proof of the existence of the defect at the time of sale. In this case, the consumer Customer may only claim a price reduction or a refund.

10. Withdrawal

In the event that the Customer is a consumer, and knowing that purchases are made on the Seller's Webshop, they may assert their legal right of withdrawal within fourteen (14) business days following the delivery of the Product.

After communicating to the Seller their decision to withdraw by email at info@mllederrico.shop or via the contact form available on the Webshop, the Customer then has fourteen (14) days to return or restore the Products.

Any withdrawal not carried out according to the rules and timeframes defined by this article cannot be taken into account and releases the Seller from any liability towards the Customer.

The Customer may request a refund for the returned Product, without penalty, with return shipping costs being covered by the Seller.

The return or exchange of the Product can only be accepted for Products as a whole, intact and in their original condition.

The Seller must refund the Customer all sums paid, including delivery costs, within fourteen (14) days of recovering the Products or receiving proof of their shipment.

11. Termination of the Order

a. One-time purchase (without subscription)

In the context of a one-time purchase of Products, the Customer has no right to terminate these Terms after delivery, as these only govern the contractual relationship related to the current order.

The Customer nevertheless retains their legal rights, particularly in terms of warranty and withdrawal, as provided previously.

b. Subscription formulas

When the Customer has subscribed to a subscription formula (monthly, quarterly, or otherwise), they can terminate their subscription at any time by sending a written request to the Seller by email at info@mllederrico.shop.

Termination will take effect at the end of the current subscription period. Any period started remains due in full, and no pro-rata refund will be granted.

The Customer continues to be subject to these Terms until the effective date of the termination.

The exercise of the right of withdrawal, where applicable, does not entail automatic termination of the subscription: an explicit request for termination must be sent by the Customer.

12. Intellectual and Industrial Property and Data Protection

Information, logos, drawings, brands, models, slogans, etc., accessible through the Webshop are protected by intellectual and industrial property rights belonging to the Seller.

Unless expressly agreed otherwise in writing and beforehand, the Customer is not authorized to modify, reproduce, rent, borrow, sell, distribute, or create derivative works based in whole or in part on the elements present on the Seller's Webshop.

Unless expressly deviated, the agreed price therefore does not include any transfer whatsoever of intellectual and/or industrial property rights for any reason whatsoever.

As part of the ordering process, the Seller collects and processes personal data concerning the Customer (such as contact details, payment information, delivery address, order history, etc.).

The Seller acts as the Data Controller within the meaning of Regulation (EU) 2016/679 (GDPR). These data are processed to allow the management of orders, payments, the delivery of Products, as well as the management of the commercial relationship with the Customer. For detailed information on the purposes of the processing, the legal bases, the retention period, the recipients, potential transfers, and the rights available to the Customer (access, rectification, opposition, erasure, restriction, portability), they are invited to consult the Seller's Privacy Policy, accessible at the following address: (URL Link).

13. Liability

The Customer recognizes and accepts that all obligations for which the Seller is liable are exclusively obligations of means and that it is only responsible for its fraud, gross negligence, or slight but habitual fault.

In the event that the Customer demonstrates the existence of gross negligence on the part of the Seller, the prejudice for which the Customer may claim compensation includes only the material damage directly resulting from the fault attributed to the Seller, to the exclusion of any other damage, and cannot, in any event, exceed 75% (excluding tax) of the amount actually paid by the Customer in execution of their order.

The Customer also acknowledges that the Seller is not responsible for any direct or indirect damage caused by the delivered Products, such as, in particular, loss of profit, increased costs, loss of customers, etc.

The Seller is also not responsible in case of communication of erroneous data by the Customer, or in case of an order carried out in their name by an unauthorized third party.

14. Internet and New Technologies

The Customer acknowledges the restrictions and risks related to the use of the Internet or any other means by which the Webshop is currently or will in the future be made available. The Customer also acknowledges the risks of storage and transmission of information digitally and electronically.

The Customer accepts that the Seller cannot be held responsible for any damage caused by the use of the Webshop or the Internet, following the aforementioned risks.

Every effort is made to allow access to the Webshop 24 hours a day, 7 days a week. However, given the technical characteristics of the Internet, the structure of the Webshop itself, IT resources, and the need to carry out periodic maintenance, update, or modernization work, uninterrupted access and service cannot be guaranteed. In case of a normally acceptable interruption or disruption of access to the Webshop, every effort will be made to remedy it as soon as possible. These normally acceptable interruptions or disruptions are inherent to the Internet service and cannot be considered as failures on the part of the Seller, and will therefore not give rise to any compensation.

In all cases, the Seller can under no circumstances be held responsible for any damage, direct or indirect, that the Customer incurs during their use of the Webshop.

The Customer will also hold the Seller harmless from any claim in any of the following cases:

• loss of opportunities or income of any kind due to the functioning or non-functioning, or use or non-use of the Webshop, or the content therein or supposed to be there;
• illegal or unauthorized intrusion by any third party into the web server or onto the Webshop;
• introduction of a computer virus into the web server or onto the Webshop;
• temporary congestion of bandwidth;
• interruption of the Internet connection service for a cause beyond the Seller's control.

15. Miscellaneous Provisions

a. Force Majeure and Fortuitous Events

The Seller cannot be held responsible, both contractually and extra-contractually, in case of non-performance, temporary or definitive, of its obligations when this non-performance results from a case of force majeure or fortuitous event.

In particular, the following events will be considered cases of force majeure or fortuitous events: 1) the total or partial loss or destruction of the Seller's computer system or its database when either of these events cannot reasonably be directly attributed to the Seller and it is not demonstrated that it failed to take reasonable measures to prevent either of these events, 2) earthquakes, 3) fires, 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) strikes, declared or not, 8) lockouts, 9) blockades, 10) insurrections and riots, 11) a shutdown of energy supply (such as electricity), 12) a failure of the Internet network or the data storage system, 13) a failure of the telecommunications network, 14) a loss of connectivity to the Internet network or the telecommunications network on which the Seller depends, 15) an act or decision of a third party when this decision affects the smooth execution of this contract, or 16) any other cause beyond the reasonable control of the Seller.

b. Unforeseeability (Hardship)

If, due to circumstances beyond the Seller's control, the performance of its obligations cannot be continued or is simply rendered more burdensome or difficult, the Parties undertake to negotiate in good faith and fairly an adaptation of the contractual conditions within a reasonable time in order to restore the balance.

In the absence of agreement within a reasonable time, each of the Parties may invoke the termination of the contractual relationship uniting them without compensation or indemnity of any kind whatsoever.

c. Illegality

The possible illegality or nullity of an article, paragraph, or provision (or part of an article, paragraph, or provision) shall not affect in any way the legality of the other articles, paragraphs, or provisions of these Terms, nor the rest of that article, paragraph, or provision, unless an obvious contrary intention exists in the text.

d. Headings

The headings used in these Terms are for reference and convenience purposes only. They do not affect the meaning or scope of the provisions they designate.

e. Non-Waiver

Inertia, negligence, or delay by a Party in exercising a right or remedy under these Terms shall under no circumstances be interpreted as a waiver of that right or remedy.

16. Applicable Law and Competent Jurisdictions

These general conditions are subject to Belgian law.

In case of dispute relating to the validity, interpretation, execution, or breach of these Terms, the Parties undertake to resort to mediation prior to any other mode of conflict resolution or other form of alternative dispute resolution.

In case of failure of mediation or the other alternative dispute resolution mode chosen by mutual agreement of the Parties, the French-speaking courts of the judicial district of Brussels will have jurisdiction.