GENERAL TERMS AND CONDITIONS

SECTION 1. INTRODUCTION

1.1. Legal notices

The general conditions of sale and the contractual relationship between Couleurs de Noir and the purchaser are subject to Belgian law. In case of a dispute, an amicable solution will be sought before any legal action is taken.

Edited by the company Pharma & More BV, a private limited company (besloten vennootschap bv), VAT number: BE 0774.831.545, with registered office at Bommelsrede 45, 9070 Heusden, Belgium.

Contact: info@couleursdenoir.com

We welcome you to the site: www.couleursdenoir.com.

We invite you to carefully read the general sales conditions before using this website and our relations when you wish to place an order. If under 18, the buyer must be authorised by at least one of the parents or legal guardians to order and/or pay for products. All orders of a product on the site presuppose the consultation and express acceptance of these terms and conditions, however without this acceptance being conditioned by a handwritten signature of the buyer.

The order is only possible if Couleurs de Noir accepts a certain order which cannot be honoured in case of wrong price indication, lack of payment of previous purchases or in case of too frequent return/loss of Couleurs de Noir products. By the applicable laws and regulations regarding the electronic signature (law of 9 July 2001), it is recalled that the validation of the order, as specified in these general terms and conditions of sale has an electronic signature, between the parties, with the same value as a handwritten signature. It is proof of the entire order and payment of the said order. Under the general terms and conditions of sale, it was agreed that the buyer is the person who navigates the website or is the one who places an order; Couleurs de Noir is identified more in the aforementioned legal provisions; the buyer and Couleurs de Noir are jointly referred to as part(s) and individually named party. Finally, it should be noted that the buyer may save or print the general conditions of the sale if it is not changed.

1.2. Definitions

Couleurs de Noir: this term refers to the company Pharma & More BV Belgium, with its registered office at Bommelsrede 45, 9070 Heusden, Belgium.

Product(s): this term refers to the cosmeceuticals sold by Couleurs de Noir and offered for sale on the site.

Buyer: refers to the other party, individual and unprofessional, who has ordered one/more product(s) on the website.

Website: this term refers to the website of Couleurs de Noir www.couleursdenoir.com on which the products are presented and sold to the buyer. This is hosted in the company Shopify.

Order: this term refers to the sales contract between Couleurs de Noir and the buyer. Party(ies) referring jointly or separately to the buyer and/or Couleurs de Noir.

1.3. Object

These general conditions of sale are intended to define the terms and conditions set by Couleurs de Noir for the distribution of products to buyers on the website: www.couleursdenoir.com. In other words, any order of products on the website, concerns an unconditional acceptance and registration of the buyer in the general terms and conditions of sale, except special conditions left out in writing by Couleurs de Noir. The buyer must be aware of the terms and conditions before placing an order.

The general terms and conditions of sale apply only to online sales of products on the website. They take effect from January 1st 2023 and may be amended by Couleurs de Noir at any time. However, the applicable conditions are accepted by the buyer at the time of the order.

SECTION 2. PROVISIONS RELATING TO THE SALE OF PRODUCTS ON THE SITE

2.1 Conditions of purchase

The products offered online by Couleurs de Noir are intended for adults (or young people/children with the consent of their legal guardian allowing them to place an order on the website) and with the full legal capacity to place orders on the website. We reserve the right to request from the buyer: proof of identity showing age; the authorised representative of the aforementioned legal representative. We reserve the right not to follow up on an order and/or remove from our database, any buyer who would have refused to comply with either of the above two conditions or who would not obey the principles mentioned in this article. The products are intended for the personal use of the buyer, they will in no way be linked to professional activity or resale.

2.2. Availability

The buyer can learn about the characteristics, materials, and ingredients of the product(s) he/she wishes to order from the website. There may be slight differences in the appearance of the product compared to the pictures shown. If these variations do not affect the essential functioning and characteristics of the product, there is in no case any contractual liability on the part of Couleurs de Noir. The buyer can always request personalised and qualified advice from our customer service department. To contact our customer service, please email info@couleursdenoir.com.

If the buyer has placed a valid order of one or more product(s) and the desired products are temporarily unavailable after the order has been placed, the products will be partially delivered. In case the products are permanently out of stock, a refund of the out-of-stock product may be made in a maximum redemption period of 14 days from the notification of the unavailability of the product. In case of the unavailability of a product, you will be notified:

  • At the time of the order: a message is displayed indicating the temporary/permanent unavailability of the desired product.
  • Or, after confirmation of the order and before delivery, by e-mail within 48 hours.

It is impossible for the buyer to cancel the order, even if it is partial. The partial order will be dispatched and delivered to the customer at standard delivery for a fee. The delivery rate is defined in the table indicated in article 2.3. Price below. The product of the order that is permanently unavailable will be deducted directly from this. The part of the price for the product that is unavailable will be refunded to the buyer within a period of 14 days from the notification of unavailability, which was addressed to the buyer (depending on the method of payment used by the buyer).

2.3. Price

Prices are shown in euros (€), VAT included and are valid in the European Union. They consider possible discounts, as well as the applicable VAT on the day of the order unless significant changes in costs and VAT occur. Prices do not include shipping costs which will be charged in addition. Shipping methods and costs depend on the region.

Discounts granted in the form of coupons or promo codes are only valid for one order per person and have an explicitly stated validity period. They are also not cumulative with other discounts such as online promotions, they are valid when announced on the site www.couleursdenoir.com

Couleurs de Noir reserves the right to change prices. Products will be charged based on the rates in force at the time of validation of the order (if available).

2.4. Customer ratings and reviews

Couleurs de Noir would like to hear your opinion on products included in its range. That's why the brand has a system in place to get the word out to you. In addition, enjoy advice, recommendations, and notes from other users before purchasing a product on the website.

These opinions and recommendations are in no way a contractual element of Couleurs de Noir. These opinions are therefore genuine opinions of customers. They have in no way been bribed or paid in exchange for favourable advice.

SECTION 3. HOW TO ORDER: REGISTRATION AND VALIDATION

3.1. Ordering of products

The products sold on the Couleurs de Noir website are those listed on the website on the day of consultation by the purchaser and within the limit of stocks available (see section 2.2 Availability). When the buyer clicks to confirm the order, this is an electronic signature that has the same value as a handwritten signature. The click and acceptance of the general terms and conditions of sale and guarantees constitute a final and irrevocable acceptance of the order by the buyer. The order will be considered final after sending the purchase confirmation to the buyer from Couleurs de Noir and the perception of the brand of the full price. Couleurs de Noir always advises the seller to keep the order confirmation as it can be useful in case of problems.

Nevertheless, Couleurs de Noir reserves the right to cancel any orders in case of dispute or any other legitimate reason. Under the article mentioned below, the buyer has the right to cancellation of the purchase, without penalty and circulation within 14 days from the day after delivery of the products by Couleurs de Noir.

To place an order, the purchaser must log in to the website and enter various personal details to identify that he/she can exercise control. The purchaser can then learn about the various products offered by Couleurs de Noir. The buyer can see which products are offered for sale through:

  • By entering the name of the product you want in the search engine;
  • By navigating the different product categories in the main menu;
  • By choosing the "Complexion", "Lips", “Eyes”, "Tools" or “Sets” tab in the main menu and then;
    • All products giving you access to all offers;
    • By browsing the introduction page.
  • The buyer can order by pressing the "add to cart" button. Then, he/she can while navigating the website, have it displayed and check the number of items in the shopping cart. Keep in mind that the shopping cart is subjected to a timeout of the request.

The shopping cart, therefore, contains some of the elements of the order:

  • The names of the selected products;
  • The unit price and quantity of each product;
  • Reduction of price;
  • The total amount of the order;
  • The possibility of updating your shopping basket.

Once the selection of the desired products has taken place, the buyer can validate the order via the "Place Order" button or continue the purchases on the website. If he/she decides to order, a new page opens and invites the buyer to modify the order, by completing and controlling various aspects:

  • If an existing customer, there is an opportunity to identify and log in;
  • Enter coupon code if required;
  • Enter billing details: name, first name, address, ...;
  • Additional information, order comments;
  • Details of the order;
  • Method of payment.

The buyer must correctly complete the form provided to them. The buyer acknowledges that the data they communicate to Couleurs de Noir is correct and proves their identity, these are stored in our information systems. It is reminded that these personal data are governed by the privacy policy.

After being informed of the status of the order, the buyer is requested:

  • To click on the button to pay for the order, under the terms of the general terms and conditions of sale;
  • To click on the button to modify the shopping basket and/or personal data information.
  • To click on the button giving access to the payment of the order, for which the buyer must, first of all, be aware of the general terms and conditions of sale and confirm acceptance thereof.

Once the buyer confirms the acceptance of the general terms and conditions, the payment of the order will proceed under the conditions described in the said terms and conditions.

By choosing to pay by credit card, the buyer will be automatically referred to the electronic payment of the payment provider's server. The payment provider's server is subject to encryption for securing S.S.L. (Secure Socket Layer) to more efficiently protect all data related to means of payment, and at no time send the buyer’s bank details on the seller’s information system. His/her responsibility is clear.

The data stored by the seller are proof of all transactions between the buyer and Couleurs de Noir.

3.2. Order confirmation

Online order of products includes:

  • First: A confirmation and summary of the order are sent via email by Couleurs de Noir.
  • Second: Couleurs de Noir sends a shipping confirmation of the order via e-mail.
  • Third: Delivery of the products is sent by Couleurs de Noir, by post, to the address provided by the purchaser when placing the order.
3.3. Order follow-up

The purchaser can track the order at any time using a code that will be received by e-mail. The code allows, through an external platform, to follow up on each step of the order.

3.4. Proof of order

The buyer can, according to the rules of common law, access the electronic agreement between them and the Couleurs de Noir brand. The intention is to inform customer service, in particular, of the order number and contact details.

The order is deemed to have been transmitted via the website and the general conditions of sale and guarantees are accepted as soon as the buyer has validated the payment. The data recorded by Couleurs de Noir and the payment provider are proof of order.

3.5. Guarantee and after-sales service

Product prices are expressed in euros and include all taxes (VAT), excluding the cost of handling and shipping, the fixed amount for standard home delivery for each purchase can be found in article 2.3. Price (above).

The flat rate will be applied and indicated during the validation of the order by the buyer if the amount required for free delivery has not been reached, i.e. 40 euros, only within Belgium. A shipping amount of €12 will be applied outside the Belgian borders.

The products remain the property of the Couleurs de Noir brand until after full payment of the product price and shipping costs charged to the buyer. Promotional offers are valid if they are announced on the website and in the period declared applicable and proprietary.

SECTION 4. PAYMENT

Orders are placed online via the website www.couleursdenoir.com. When purchasing one or more products on the website, the buyer will be given the option to pay via credit card, debit card or PayPal. If the buyer wishes to pay for the order via one of these payment methods, he/she will be directed directly to the official website of the respective payment method, where he/she can make the payment.

The payment is made within seconds, and you will be automatically redirected to the Couleurs de Noir website, which will confirm the transaction. The full amount of the order will therefore be charged on the day of the order.

The order is validated by Couleurs de Noir after the acceptance of the general terms and conditions (GTC) and verification and confirmation of the validity of the payment. Couleurs de Noir reserves the right to interrupt any order and delivery in case of non-payment or refusal of authorisation of payment by credit card on the part of official bodies. Couleurs de Noir reserves the right to refuse or modify any order from a buyer who has not paid all or part of a previous order or with whom a payment dispute has allegedly occurred. With any order, Couleurs de Noir reserves the right to refuse any order or delivery in case of:

  • Dispute with the buyer;
  • Of non-payment of a previous order by the purchaser (in full or in part);
  • Refusal of authorisation of payment by banking institutions;
  • Non-payment or partial payment.

The Couleurs de Noir brand cannot be held liable for misuse or fraudulent use of a payment method that would not have been found by the verification process.

The buyer guarantees Couleurs de Noir that the necessary consents have been given from the chosen payment method for the order payment. Any misuse or fraudulent use of a credit card will not be refunded by Couleurs de Noir, which assumes no responsibility. It should be noted that the product remains the property of Couleurs de Noir until the order is fully completed.

SECTION 5: SHIPMENT AND DELIVERY OF THE ORDER

5.1. Delivery conditions

Delivery of products is limited to the European Union.

Orders placed on the website www.couleursdenoir.com will be dispatched after confirmation of dispatch. All orders are prepared at our logistics partner:

DistriMedia for Pharma & More BV
Schoenstraat 14
9140 Temse
East Flanders, Belgium

Delivery of an order takes place between 1 and 5 working days. There will be no delivery on Sundays and public holidays. Each order will be delivered within a maximum period of 30 days from the day the order was placed. To ensure the correct delivery of your parcel, it will be delivered by registered post. If you are not present to receive the delivery, the parcel will be delivered to your post office. Shipping costs depend on your country. (See section 2.3 Price). Delivery is made to the delivery address indicated by the buyer during the order, located in the EU. The goods are transported at the risk of Couleurs de Noir until delivery at the address indicated by the purchaser. From then on, the buyer is responsible. Couleurs de Noir cannot be held responsible for late delivery by the carrier. In case of incorrect or missing information in the delivery address and of the identity of the purchaser, Couleurs de Noir can discharge any responsibility for the delivery. Delivery times are indicative. If they exceed 30 days from the confirmation of the order, the order can be cancelled by the buyer and it will be refunded.

After receiving the order, the buyer is obliged to:

  • Formulate a complaint/reservation after the delivery of the product or refuse the package if it was opened or damaged;
  • Report possible complaints/reserves to customer service via email to info@couleursdenoir.com;
  • These reserves and complaints must be submitted within 3 days of receiving the order.

If these three conditions are not met, the order is considered to have been delivered in good condition and cannot form part of any subsequent objections.

5.2. Delay of delivery

Products will be shipped after confirmation of your order. The average delivery time of an order is 2-5 working days and not on Sundays and public holidays.

The link to track your order will be sent in the shipping confirmation e-mail. However, if you notice a delay, please feel free to contact our customer service department by emailing info@couleursdenoir.com. Couleurs de Noir is not liable for any delays in delivery by the carrier.

SECTION 6. RIGHT OF WITHDRAWAL

Upon receipt of the package, the purchaser benefits from the possibility to return the unused product in perfect condition and its original packaging, together with the return slip and the invoice (see article VI.47 to VI.53 WER) to the following address until 14 days after receipt of the goods:

Pharma & More BV - Couleurs de Noir
Customer service
Bommelsrede 45
9070 Heusden
East Flanders, Belgium

The purchaser must carry out the return of the product no later than fourteen days after the decision to cancel. The purchaser must return the products concerned in their original packaging and condition, without signs of excessive handling, use, or significant damage to the original packaging or the original product. The purchaser must send the delivery note along with it so that Couleurs de Noir can identify the purchaser stating the reason for the return and requesting an exchange or refund. This way, the buyer can get his/her money refunded.

If the reason for return is due to an error on the part of Couleurs de Noir (the product received does not comply with the order or the product is damaged) the return costs will be refunded by Couleurs de Noir.

If this is not an error of Couleurs de Noir, then the return costs remain the responsibility of the purchaser. The customer bears all shipping risks in this case. Couleurs de Noir is not liable in case of loss, theft or delay of the product delivered. The burden of proof for the return lies with the purchaser.

Products purchased online cannot be returned or exchanged at an authorised dealer. Products purchased from an authorised dealer cannot be part of an online return. A product offered by a third party (if you do not like it or if it is damaged) can be returned under the same conditions. However, this will be refunded to the buyer. The amount due will be transferred within 2-3 days.

If there is no return of the goods within 14 days of receiving the goods, no refund or exchange can be made.

Couleurs de Noir undertakes to refund the buyer the total amount due. The refund will be made according to the buyer's method of payment within a period of 14 days after receipt of the goods. However, this amount may be delayed until after the repair of the returned product.

For more information regarding the refund to the buyer or exchange of goods, please contact our customer service team.

SECTION 7. ENFORCEMENT AND JURISDICTION - EVIDENCE

The general conditions of sale as well as the sale of products from Couleurs de Noir are subject to Belgian law.

Failing to reach a consensus, any dispute regarding the contracts between the buyer and Couleurs de Noir will be reported to the competent court in the country where the buyer is located. If the purchaser is located in Belgium, the courts of Brussels will have exclusive jurisdiction.

SECTION 8. PERSONAL INFORMATION

Individual and personal information collected as part of the online sale is mandatory. This information is necessary for the proper processing of the order, delivery of the products and preparation of the invoice. This information is strictly confidential and is only used by Couleurs de Noir or its suppliers during order processing. The purchaser's bank details are not stored after purchase unless the customer has agreed. Under no circumstances will the cryptogram be stored by Couleurs de Noir.

We would like to remind the buyer that he/she has the right to access, modify, correct and delete his/her personal data. This is done by connecting to www.couleursdenoir.com, logging in and changing the profile data.

The buyer has the option to subscribe to the Couleurs de Noir newsletter. Preferred information is confidential and will only be used by Couleurs de Noir.

Couleurs de Noir may use cookies on the website www.couleursdenoir.com. The purchaser can oppose the registration of these cookies by configuring his/her computer.

The purchaser has the right to access, modify, correct and delete any personal information. This can be done by contacting info@couleursdenoir.com or the postal address of the head office (see section 1.1 Legal notices).

SECTION 9. INTELLECTUAL PROPERTY

The website www.couleursdenoir.com is protected by intellectual property law. All elements (brand name, slogans, logos, images, illustrations, texts, and videos) are the private property of Couleurs de Noir. Couleurs de Noir is the only one authorised to use the intellectual property and personality rights (except for his/her consent).

Any reproduction of the website or any of its elements is prohibited. Any reproduction or representation will have to be subject to the authorisation of Couleurs de Noir. Couleurs de Noir is a trademark placed and protected by the company Pharma & More BV. Any unauthorised use is considered fraudulent and will be criminally sanctioned.