Terms and conditions of sale
Preamble :
Cosmeticayou.com is the online sales site of Europharma Group BV, a cosmetics distributor.
The present terms and conditions exclusively govern the contractual relationship between Europharma Group BV and any person browsing the Cosmeticayou.com website. and/or wishing to purchase any of the products offered on this site. These conditions apply to all commercial transactions relating to products offered for sale on the site Cosmeticayou.com,to the exclusion of all other conditions. Europharma Group BV is registered with the Crossroads Bank for Enterprises under number 0811.185.660 and has its registered office at Heersterveldweg 16/9 3700 Tongeren, Belgium (email : info@cosmeticayou.com ).
Europharma Group BV reserves the right to modify these terms and conditions at any time, without prior notice, provided that such modifications are published on its website. If special conditions are agreed between Europharma Group BV and the purchaser, they will prevail over the present conditions insofar as they derogate from them.
If any provision of these General Terms and Conditions of Sale is declared invalid by a court of law or any other authority, such decision shall in no way affect the validity of the remaining provisions and Europharma Group BV undertakes to replace the invalidated provision by another, legally valid, provision having equivalent economic effect.
Article 1 – Products
The products available for sale on the Cosmeticayou.com website are those for which a product sheet is available.
Article 2 – Prices
All prices indicated on product sheets are expressed in euros (€) per unit of product and include all taxes (VAT included) but exclude shipping costs.
The price indicated in the order confirmation is the final price inclusive of all taxes (VAT included). It includes the price of the products ordered as well as the costs of handling, packaging, storage and shipping of these products.
Europharma Group BV reserves the right to change prices at any time. However, products will be invoiced on the basis of the rates in force at the time orders are registered, subject to availability.
Europharma Group BV reserves the right to apply the correct price or to unilaterally cancel an order if it appears that the indicated price and/or the description of the product(s) are incorrectly indicated on the website due to a technical failure or human error.
Article 3 – Ordering
Orders may only be placed by legally competent persons.
Orders are placed directly on the Cosmeticayou.com website.
To use the Cosmeticayou.com website, In order to use the Europharma Group BV website, the customer must have access to the Internet and must first create an individual account for strictly personal use. When the Customer creates an account with Europharma Group BV, after acceptance of the Data protection charter, the Customer warrants that the information provided is accurate, complete and up-to-date at all times. If the Customer creates an account on behalf of an entity (company), the Customer declares that he/she has the necessary legal authority to accept these General Terms and Conditions of Sale on behalf of said entity. Inaccurate, incomplete or outdated information may result in immediate termination of the account. The Customer assumes responsibility for all activities or actions that occur under its account. The Customer agrees to inform Europharma Group BV immediately upon becoming aware of any breach of security or unauthorized use of his account.
Any order implies acceptance of the prices and descriptions of the products.
Upon receipt of the order, Europharma Group BV will send a confirmation message to the e-mail address provided by the Customer to confirm acceptance of the order. The sale is only concluded once the order confirmation has been sent.
Europharma Group BV reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of the current order or of a previous order, or to an inappropriate or forbidden use of the products ordered.
Furthermore, Europharma Group BV reserves the right to refuse orders without having to justify its decision in the event of any problem observed in the operation of the site, including attempts at fraud or circumvention of the security protocols in place.
Article 4 – Validation
By placing an order, the Customer acknowledges having read and accepted without reservation the present General Terms and Conditions of Sale. Validation of the order therefore implies acceptance of these General Terms and Conditions of Sale.
The General Sales Conditions can always be consulted by clicking at the bottom of each page of our Cosmeticayou.com website. by means of the hypertext link “Terms and Conditions” where a copy can be saved by the Customer. Our General Terms and Conditions of Sale can also be sent on request by e-mail to the following address: info@cosmeticayou.com.
The Customer acknowledges that the data recorded by Europharma Group BV constitutes proof of the nature, content and date of the order.
Article 5 – Availability
Our product offers and prices are valid as long as they are visible on the site, while stocks last.
In the event that a product is temporarily unavailable after an order has been placed, Europharma Group BV will inform the Customer and refund the amount of the product(s) concerned to the account used by the Customer to place the order.
Article 6 – Payment
The order is payable in cash by one of the means of payment proposed on the site at the time the order is placed.
Payment is executed by MOLLIE. The order validated by the Client shall not be considered effective until the secure bank payment center and MOLLIE have given their agreement to the execution of the transaction. In the event of refusal by the secure bank payment center or by MOLLIE, the order will be automatically cancelled and the Client notified by e-mail. MOLLIE ensures both the security of payments and protection against fraudulent use of the means of payment or against any challenges to the payment of the price of an order. Information concerning the order is subject to automated data processing for which MOLLIE is responsible. The purpose of this automated data processing is to combat credit card fraud. MOLLIE and Europharma Group BV are the recipients of the data relating to the order. Failure to transmit order-related data prevents the transaction from being completed and analyzed. In the event of fraudulent use of a bank card, the details relating to the order associated with this non-payment may be entered in a payment incident file implemented by MOLLIE. An irregular declaration or anomaly may also be subject to specific processing.
Article 7 – Delivery
Once the order has been confirmed and payment accepted, the products are dispatched to the delivery address indicated during the order process. All delivery details (name of carrier, rates and delivery times) can be found in the “Delivery” section. Deliveries “on the site. Except in cases of force majeure, delivery times are generally between 1 and 7 working days, depending on the destination.
In the event of an order for items that can be delivered on different dates depending on their availability, the delivery time for the order is based on the longest delivery time. However, Europharma Group BV reserves the right to split delivery, without this giving the Customer the right to cancel the order in whole or in part. Shipping and handling charges will only be invoiced for a single shipment. In this case, the Customer will be notified by e-mail.
In the event of the Customer’s absence or an error in the delivery address making delivery impossible, it is the Customer’s responsibility to agree a new delivery with the carrier. Any additional costs thus incurred shall be borne by the Customer. In the event of failure to deliver at the time agreed with the Customer for reasons attributable to Europharma Group BV, any additional costs incurred by the Customer shall be borne by Europharma Group BV.
Europharma Group BV can in no way be held responsible for errors made by the Customer in the delivery address, nor for delays in delivery or the impossibility of delivering the products ordered.
If a parcel is not received despite several visits by the carrier, it will be returned to Europharma Group BV and the recipient will be notified by e-mail.
The risks are transferred to the Customer as soon as the latter takes physical possession of the goods.
Article 8 – Retraction
In accordance with the legislation in force for distance selling (Book VI, Title 3, Chapter 2 of the Code of Economic Law), the Customer has the right to notify Europharma Group BV that he/she renounces his/her purchase without penalty and without giving reasons within a maximum period of 14 calendar days. from the day after delivery. To do this, the consumer can either use the model withdrawal form in Annex 2 of Book VI “Market practices and consumer protection” of the Code of Economic Law, or make another unambiguous statement setting out his decision to withdraw from the contract. This request for withdrawal can be made by completing the withdrawal procedure established for this purpose in My Account. Via the My orders, the customer will find an overview of his past orders. The Customer may then select the order for which he wishes to exercise his right of withdrawal. By clicking on “return my order”, the Customer will be able to select the products to be returned and will be asked to complete a short questionnaire. These steps are essential for the withdrawal request to be effective. You will then be asked to print* and complete a withdrawal form and return it (or them) directly by post at the Customer’s expense (in accordance with Art VI.51 §1 of the Economic Law Code).
Il vous sera alors demandé d’imprimer* et de compléter un formulaire de rétractation et de le (ou les) renvoyer directement par la poste aux frais du Client (conformément à l’Art VI.51 §1 du Code de droit économique). We also ask the Customer to return the products in new and undamaged condition (with the delivery note), together with any accessories (such as and among others user manuals and documentation), to the following address: Europharma Group BV, Heersterveldweg 16/9 3700 Tongeren, Belgium.
If the products are returned within the aforementioned conditions and deadlines, Europharma Group BV undertakes to reimburse the sums paid by the customer free of charge within 14 days of being informed of the decision to withdraw.
Reimbursement will be made within 14 days of Europharma Group BV being informed of the Customer’s decision to withdraw from the contract. However, reimbursement will be deferred until the goods have been recovered and their condition validated.
In accordance with article VI.53 of the Code of Economic Law, the right of withdrawal cannot be exercised for :
- the supply of goods or services whose price depends on fluctuations in the financial market beyond the company’s control and which may occur during the withdrawal period;
- the supply of goods liable to deteriorate or expire rapidly;
- the supply of sealed goods which cannot be returned for health or hygiene reasons and which have been unsealed by the consumer after delivery.
In all cases where the right of withdrawal cannot be exercised, the customer has the right to return the products delivered if they do not correspond to the order or are not in good condition, in accordance with the provisions of article 9 of these terms and conditions.
Article 9 – Conformity to delivery
The customer has the right to return the products delivered if they do not correspond to the order or are not in good condition. The following procedure will then apply:
The customer or recipient must check the conformity of the product(s) delivered with the order and their good condition. In the event that one or more of the products ordered are missing or damaged, or do not correspond to the order, we advise the customer to make the necessary reservations as soon as possible, ideally within 48 hours of delivery. In any event, the customer must inform Europharma Group BV of the existence of a lack of conformity within 7 days of its discovery (article 1649 quater §2). After this time, it cannot be taken into account.
The product and the request for an exchange or refund must be sent together with all the necessary information to demonstrate that the disputed product(s) were purchased from Europharma Group BV. and the date of purchase. We suggest you return products in their original packaging. It should be sent to the following address: Europharma Group BV, Heersterveldweg 16/9 3700 Tongeren, Belgium.
In the event of improper returns, Europharma Group BV reserves the right to refuse any further orders.
Article 10 – Use of products
All products ordered on the Cosmeticayou.com website are intended for the personal use of the Customer or the recipient of the products, who shall refrain from any partial or total resale of these products.
Before using any product, the customer must familiarize himself with the conditions of use set out in the instructions supplied.
Article 11 – Liability and warranty
- General
Europharma Group BV cannot be held responsible for the total or partial non-fulfillment of an order in the event of stock shortage or force majeure, defined as the occurrence of an event making it impossible or more difficult from a technical, economic or logistical point of view for Europharma Group BV to fulfill any of its obligations towards the Customer.
- Website, ordering and delivery process, quality of information
Europharma Group BV is only bound by a simple obligation of means concerning access and navigation on its site, the ordering and delivery processes, and the quality of the information available.
Cosmeticayou.com website and its contents are provided “as is”, without warranty of any kind. The responsibility of Europharma Group BV cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, or of any program or application that is incompatible with the infrastructure used by the user, in particular a bug, a computer virus in any form whatsoever, a break in service for any reason whatsoever, or any event recognized as force majeure in accordance with jurisprudence.
Links to other sites on this site are provided for information purposes only. Cosmeticayou.com or Europharma Group BV cannot be held responsible for the current or future content of these sites, nor for the practices of their owners or managers, nor for the content of external sites that have a link to the Cosmeticayou.com site.
- Products, information and health tips
The health information and advice available on the site are in no way intended to replace medical advice. Although Europharma Group BV has taken all necessary steps to ensure the reliability of the information contained on this site, Cosmeticayou.com or Europharma Group BV shall not be held liable for errors or omissions in the presentation of products, or for results that may be obtained through misuse thereof.
The photos of products on the site are provided for information purposes only, and no claim may be made in the event of a discrepancy between the product’s container or content and the photo available on the site.
Europharma Group BV strives to receive reliable data from its suppliers and to communicate such reliable data on its Web Site. Europharma Group BV cannot guarantee the accuracy, completeness and/or timeliness of such data. There may be differences between the data shown on the Website and that shown on product labels. The data available on the Website does not replace the data mentioned on product labels. In the event of discrepancies, the information on product labels takes precedence. Before concluding the purchase agreement and prior to consuming the products, the Customer must check the product data indicated on the product labels (in particular contraindications and allergens). The Customer expressly waives all claims against Europharma Group BV in case of discrepancy. The notices on the Website are provided directly by the suppliers.
Cosmeticayou.com or Europharma Group BV can in no way be held responsible for damages of any kind that may result from malfunction or misuse of the products marketed. In the same sense, the responsibility of Cosmeticayou.com or Europharma Group BV shall not be held liable for any product modifications resulting from the manufacturers.
The responsibility of Cosmeticayou.com or Europharma Group BV will, in any event, be limited to the amount of the order and cannot be held liable for simple errors or omissions that may have remained despite all the precautions taken in the presentation of the products. The responsibility of Cosmeticayou.com or Europharma Group BV shall not be held liable for indirect or consequential damages.
The customer remains solely responsible for the data communicated via the health form, which he/she is invited to complete at the time of ordering.
The products available for sale comply with current Belgian legislation. The responsibility of Cosmeticayou.com or Europharma Group BV shall not be held liable in the event of failure to comply with the legislation of the country to which the products are delivered.
Provided that the Customer is a consumer within the meaning of the law, the Customer benefits from the two-year legal warranty on the products purchased, granted by virtue of the law of September 1, 2004 on consumer goods warranties. After this period, any hidden defects must be reported to Europharma Group BV by registered letter, within 5 days of discovery of the defect.
Article 12 – Protection of personal data
The collection of personal information for the purposes of distance selling is compulsory, as this information is essential for the processing and delivery of orders. Failure to provide this information will result in the order not being validated.
Cosmeticayou.com or Europharma Group BV undertakes never to communicate its customers’ contact details to a third party.
In order to simplify site access and navigation, and to personalize the presentation of the site for each visitor, the site uses “cookies”.
You will find further information on the processing of your personal data, as well as how to exercise your rights (e.g. the right of access, rectification, deletion, opposition, etc.).
Article 13 – Intellectual property
The entire Cosmeticayou.com website is protected by Belgian and international copyright and intellectual property laws. All reproduction rights are reserved, including for downloadable documents and iconographic and photographic representations. Reproduction of all or part of this site on any electronic medium whatsoever is strictly prohibited without the prior written consent of Cosmeticayou.com or Europharma Group BV.
Article 14 – Applicable law – Conflicts
The validity, interpretation and execution of these General Terms and Conditions of Sale are governed by Belgian law.
Any contractual or other relationship between Europharma Group BV and the Customer is subject to Belgian law.
Any question relating to the validity, interpretation, performance or non-performance of these General Terms and Conditions of Sale shall be subject to the exclusive jurisdiction of the courts of Brussels, irrespective of the place of delivery of the products or the Customer’s domicile, for any type of proceedings, without prejudice to the consumer’s right to bring the matter before the courts designated by Article 624, 1°, 2°and 4° of the Judicial Code or by Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of December 12, 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
If you have a problem concerning a purchase on our online sales site, you can use this site (https://ec.europa.eu/consumers/odr) to appeal to an alternative dispute resolution method by filing a complaint for out-of-court settlement.
Article 15 – Shipping costs and shipping zones
| Country | Shipping costs | Free shipping from: |
| Belgium | 3,99 € | 49 € |
| Luxembourg | 3,99 € | 49 € |
| Netherlands | 6,99 € | 49 € |
| France | 8,99 € | 59 € |
| Germany | 7,99 € | 59 € |
| Italy | 15,99 € | 59 € |
| Spain | 15,99 € | 59 € |
| Sweden | 15,99 € | 59 € |
| Denmark | 15,99 € | 59 € |
| Austria | 15,99 € | 59 € |
| Poland | 15,99 € | 59 € |
| Finland | 18,99 € | 69 € |