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Legally binding contract with the users consent before using or purchasing goods or services on our website.
Article 1 – Definitions
- General Terms and Conditions: the present General Terms and Conditions of Tropy Beauty.
- Reflection period: the period within which the buyer can exercise his right of withdrawal;
- Day: calendar day unless indicated otherwise;
- Durable data carrier: any means that enables the buyer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the buyer to waive the distance contract within the reflection period;
- Buyer: the natural or legal person who has instructed Tropybeauty.com to deliver products or to perform work.
- Entrepreneur: the natural or legal person who offers distance products and / or services to copper;
- Distance contract: an agreement whereby, within the framework of a system for the distance selling of products and / or services organized by Tropy Beauty, up to and including the conclusion of the agreement, use is exclusively made of one or more communication techniques.
Article 2 - Identity of the company
Tropy Beauty is a webshop of FamiLu Group details mentioned below:
Whatsapp: +32 493 32 40 49
Email address: firstname.lastname@example.org or email@example.com
VAT Number: FamiLu Group BE0718668842
Article 3 - General
3.1. By placing an order you indicate that you agree with the terms and conditions. Tropy Beauty reserves the right to change its terms and conditions after the expiry of the term.
3.2. General (purchase) conditions of the buyer do not apply to these agreements, unless expressly agreed otherwise in writing between Tropy Beauty and the buyer.
3.4. Tropy Beauty guarantees that the delivered product meets the agreement and meets the specifications stated in the offer. With due observance of the provisions of these conditions.
Article 4 - Applicability
4.1. These delivery conditions apply to the formation, content and fulfillment of all agreements concluded between the buyer and Tropy Beauty.
4.2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the buyer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at Tropy Beauty and they will be sent free of charge at the request of the buyer.
4.3. If one or more provisions in these general terms and conditions are in whole or in part void or destroyed at any time, the agreement and these terms and conditions will continue to apply and the provision in question will immediately be replaced by a provision that, in consultation, from the original as close as possible.
4.4. Situations not covered by these terms and conditions should be assessed "in the spirit" of these terms and conditions.
4.5. Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained "in the spirit" of these terms and conditions.
4.6. All rights, obligations, offers, orders and agreements to which these Conditions apply, as well as these Conditions, are exclusively governed by Belgian law.
Article 5 - The agreement
5.1 An agreement between Tropy Beauty and a buyer is concluded when Tropy Beauty has accepted the buyer's order after the order has been assessed for feasibility and the buyer has been notified of this by receiving the purchase amount electronically.
5.2. Tropy Beauty reserves the right not to accept orders or assignments without giving reasons. Orders are processed and processed as stated in the conditions. In case of refused orders or orders, the amount of the refused order will be returned within 8 working days.
5.3. Premature termination of the agreement: In the event of early termination, in addition to reimbursement of costs incurred, Tropy Beauty is entitled to a reasonably determined part of the total reimbursement, taking into account the work already carried out and the buyer's benefit.
5.4. Retention of title: The goods delivered by Tropy Beauty remain its property until all claims of Tropy Beauty have been paid in full.
5.6. Additional or deviating provisions from these general terms and conditions may not be to the disadvantage of the buyer and must be recorded in writing or in such a way that they can be stored by the buyer in an accessible manner on a durable medium.
Article 6 - The offer
6.1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
6.2. The offer is without obligation. Tropy Beauty is entitled to change and adjust the offer.
6.3. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
6.4. Any typing or scanning errors in product data, product application or prices are expressly reserved and cannot be used against Tropy Beauty.
6.5. Pictures with products are a true representation of the products offered. Tropy Beauty cannot guarantee that the colors shown exactly match the real colors of the products. It is not allowed for others than Tropy Beauty to copy photos of the products on www.tropybeauty.com.
Article 7 - Payment
7.1. Unless otherwise agreed, the amounts owed by the buyer must be paid within 7 working days after the start of the reflection period as referred to in Article 1 of the right of withdrawal. In the event of an agreement to provide a service, this period commences after the buyer has received the confirmation of the agreement.
7.2. The buyer has the obligation to immediately report any inaccuracies in payment details provided or stated to Tropy Beauty.
7.3. In case of non-payment by the buyer, the Tropy Beauty has the right, subject to legal restrictions, to charge the reasonable costs made known to the buyer in advance.
Article 8 - Prices
8.1. Prices will not be increased within the duration of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
8.2. All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. Tropy Beauty also reserves the right to cancel the order if they find that the price on the site is not correct with the product. The amount will be returned to the buyer within 20 workingdays.
8.3. All prices on the site are in Euros and include 21% VAT.
8.4 Tropy Beauty may place products with € 0.00. This means that the product is out of stock or that it has to be imported even further. For € 0.00 Tropy Beauty does not sell anything. The buyer can request the price of the product by e-mail at any time.
Article 9 - Delivery
9.1. Tropy Beauty will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
9.2. The place of delivery is the address that the buyer has made known to Tropy Beauty.
9.3. Delivery takes place while supplies last.
9.4. Under the rules of distance selling, Tropy Beauty will execute orders at least within 30 days, unless a different delivery period has been agreed. If delivery within 30 days or otherwise agreed delivery time is not possible (because the ordered is out of stock or no longer available), or there is a delay for other reasons, or an order cannot or only partially be executed, the buyer will receive within 1 month after placing the order, he has the right to cancel the order without costs and notice of default. The buyer is not entitled to compensation. In the event of payments made, the buyer will be refunded as soon as possible, but no later than 20 working days after cancellation. At the buyer's option, a subsequent delivery can also take place.
9.5. The risk of damage and / or loss of products rests with Tropy Beauty until the moment of delivery to the buyer or a pre-designated and Tropy Beauty representative, unless expressly agreed otherwise.
9.6. All terms mentioned on www.tropybeauty.com are indicative. No rights can therefore be derived from the aforementioned periods.
9.7. The buyer is responsible for providing the correct information when ordering.
If Tropy Beauty gets the package returned, because the address is incorrect, there are 2 options:
- the buyer pays the shipping costs again so that we can send your order again.
- the buyer or Tropy Beauty cancels the entire order. Tropy Beauty will then refund the total amount minus the shipping costs incurred.
Article 10 - Reflection period / right of withdrawal
10.1. In the case of a copper purchase, in accordance with the Distance Selling Act (Article 7: 5 of the Dutch Civil Code), the buyer has the right to return (part of) the delivered goods within a period of 14 days without giving any reason. This period starts when the ordered goods have been delivered. Before proceeding to return, the buyer is obliged to report this in writing to Tropy Beauty within 14 days of receipt and return the items, in accordance with the reasonable and clear instructions provided by Tropy Beauty.
10.2. The cancellation of the purchase must be done through the return process of Tropy Beauty. The product must be returned unused and unopened (well packaged).
10.3. In case of dissolution, Tropy Beauty will refund the amount that the buyer has paid as soon as possible, but no later than 20 working days after dissolution. Tropy Beauty uses the same payment method that the buyer used for reimbursement.
10.4. The refund is free of charge for the buyer. If the buyer has not reported to make use of the statutory right of return within the trial period of 14 days after receipt, the purchase is a fact.
10.5. During the reflection period, the buyer will handle the product and packaging with care. The buyer is liable for any diminished value of the product that is the result of a way of handling the product that goes beyond what is permitted.
10.6. The buyer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. Return of the goods must be in the original packaging (including accessories and accompanying documentation) and in new condition.
10.7. If the goods have been used, encumbered or damaged in any way by the buyer, Tropy Beauty reserves the right to charge depreciation. With due observance of what has been determined in the previous sentence, Tropy Beauty will bear a refund within 20 working days after receipt of the return or 20 working days after proof of return (the contents of the return must be explicitly stated on the shipping receipt).
10.8. When the entire purchase is returned, the full purchase amount including any calculated shipping and / or payment costs will be refunded to the buyer. When returning only part of the received purchases, only the purchase value of the returned goods will be refunded. Additional costs due to a more expensive shipping method than the cheapest standard delivery will never be refunded.
10.9. Returning the delivered goods is entirely at the expense and risk of the buyer.
10.10. The right of withdrawal does not apply to:
- Goods or services, the price of which is subject to fluctuations in the financial market, over which the supplier has no influence and which may occur within the withdrawal period.
- Goods that have been manufactured according to the buyer's specifications, for example custom work, or that have a clearly personal character.
- Products whose shelf life has expired within the reflection period of 14 days (spoilage).
- Sealed products that are not suitable for return for health or hygiene reasons and of which the seal has been broken after delivery.
- For goods or services that cannot be returned due to their nature, for example in connection with hygiene or that can spoil or age quickly.
- Missing original labels.
- Products that have been opened and / or used.
- Goods whose original packaging is damaged.
- Buyer has not reported the return and not within the stipulated time.
Article 11 - Data management
Tropy Beauty treats your personal data with the utmost care.
11.2. Tropy Beauty respects the privacy of the users of the internet site and ensures confidentiality of your personal data.
11.3. In some cases, Tropy Beauty uses a mailing list. Each mailing contains instructions to remove yourself from this list.
Article 12 - Warranty and conformity
12.1. Tropy Beauty guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations.
12.2. An arrangement offered by Tropy Beauty as a guarantee does not affect the rights and claims that the buyer can assert in respect of a shortcoming in the fulfillment of the obligations of Tropy Beauty towards Tropy Beauty on the basis of the law and / or the agreement on distance.
12.3. If it appears that the delivered item is wrong, defective or incomplete, then the buyer (before returning to Tropy Beauty) must report these defects in writing to Tropy Beauty within 24 hours after discovering the defect. Return of the goods must be in the original packaging (including accessories and accompanying documentation). Commissioning after the discovery of a defect, damage caused by the detection of a defect, encumbrance and / or resale after the detection of a defect, will invalidate this right to complain and return. If the relevant products have to be returned, the shipping costs are for the account of Tropy Beauty.
12.4. If complaints from the buyer are found to be well-founded by Tropy Beauty, Tropy Beauty will repair or replace the delivered goods at the option of the buyer free of charge. Any liability of Tropy Beauty in the event of damage is limited to a maximum of the invoice amount of the relevant goods, or (at the option of Tropy Beauty) to the maximum amount covered by the liability insurance of Tropy Beauty in the relevant case. Any liability of Tropy Beauty for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to loss of profit.
12.5. This warranty does not apply if:
- and as long as the buyer is in default towards Tropy Beauty;
- the buyer has parried and / or processed the delivered goods himself or has them repaired or processed by third parties.
- the delivered goods have been exposed to abnormal circumstances or are otherwise treated carelessly or have been treated in contravention of the instructions of Tropy Beauty and / or instructions on the packaging;
- The defect is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.
Article 13 - Offers and promotions
13.1. Offers are without obligation, unless stated otherwise in the offer.
13.2. Oral promises only bind Tropy Beauty after they have been explicitly confirmed in writing.
13.3. Tropy Beauty offers do not automatically apply to repeat orders.
13.4. Tropy Beauty cannot be held to its offer if the buyer should have understood that the offer, or any part thereof, contained an obvious mistake or error.
13.5. Additions, changes and / or further agreements are only effective if agreed in writing.
13.6. By agreeing to the terms and conditions, the buyer automatically agrees to the promotional terms and conditions attached to the special promotions.
Article 14 - Force majeure
14.1. Tropy Beauty is not liable if and insofar as its obligations cannot be met due to force majeure.
14.2. Force majeure means any strange cause, as well as any circumstance, which should not reasonably be at its risk. Delays or defaults by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology provided by third parties, transport difficulties, strikes, government measures, delays in supply, supplier negligence and / or manufacturers of Tropy Beauty as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly regarded as force majeure.
14.3. In the event of force majeure, Tropy Beauty reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be changed in such a way that execution remains possible. Under no circumstances is Tropy Beauty obliged to pay any fine or compensation.
14.4. If Tropy Beauty has already partially fulfilled its obligations upon commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the buyer is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
Article 15 - Liability
15.1. Tropy Beauty is not liable for any irritation to your skin after using hair products and for any hair damage or hair loss after using certain hair products. Tropy Beauty advises the buyer at all times to carefully read the instructions on the product before applying and to consult your doctor if in doubt. Information on the site is only a brief explanation and tropybeauty.com cannot be held liable for this.
15.2. If something goes wrong with your package in the meantime, for example: delivered to the wrong address; not delivered; lost, gone wrong when delivering in the broadest sense of the word, then Tropy Beauty is not liable for that.
If you want to avoid these annoying situations, you can also choose to have your order sent by registered / insured mail. For more information, please contact our customer service by email.
Article 16 - Complaints procedure
16.1. Tropy Beauty has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
16.2. Complaints about the implementation of the agreement must be fully and clearly described and submitted to Tropy Beauty within 24 hours, after the buyer has discovered the defects.
16.3. Complaints submitted to Tropy Beauty will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Tropy Beauty will reply within the period of 14 days with a notice of receipt and an indication when the buyer can expect a more detailed answer.
16.4. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.
16.5. In case of complaints, a buyer must first turn to Tropy Beauty. In case of complaints that cannot be resolved by mutual agreement, the buyer must contact Stichting WebwinkelKeur, which will mediate free of charge. If a solution is still not reached, the buyer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the buyer agree with this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the buyer to the relevant committee. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).
16.5. A complaint does not suspend the obligations of Tropy Beauty, unless Tropy Beauty indicates otherwise in writing.
16.6. If a complaint is found to be well-founded by Tropy Beauty, Tropy Beauty will, at its option, replace or repair the delivered products free of charge.