TERMS & CONDITIONS
Article 1: General provisions
Bracke Cosmetics e-commerce website, with its registered office at Baron Romain Moyerson Park 30 B, 9300 Aalst, Belgium, VAT BE 0760130503, (hereinafter "GlennBrackeArt") offers its customers the opportunity to purchase the products online from its web shop.
These General Terms and Conditions ("Terms") apply to any order placed by a visitor of this e-commerce website ("Customer"). When placing an order through the GlennBracke.com web shop, the Customer must expressly accept these Terms, by means of which he agrees with the applicability of these Terms, excluding all other terms. Additional terms of the Customer shall be excluded, unless previously expressly agreed in writing by GlennBrackeArt.
Article 2: Price
All prices listed are expressed in EURO, including VAT and all other duties or taxes payable by the Customer.
If delivery, reservation or administrative costs are charged, this will be listed separately.
The indication of price only refers to the articles as described in writing. The accompanying photos are for decorative purposes and may contain items that are not included in the price.
Article 3: Offer
Despite the fact that the online catalogue and e-commerce website are compiled with the utmost care, it is possible that the information offered is incomplete, contains material errors, or is not up-to-date. Apparent errors or errors in the offer are not binding upon GlennBrackeArt. GlennBrackeArt is, in terms of accuracy and completeness of the information offered, only held to a best-efforts obligation. GlennBrackeArt is in no case liable in case of manifest material errors, typing or printing errors.
When Customers have specific questions about e.g. size, colour, availability, delivery time or delivery method, we ask them to contact our customer service in advance.
The offer is valid as long as the item in question is in stock and may be modified or revoked at any time by GlennBrackeArt. GlennBrackeArt cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
Article 4: Online purchases
The Customer has the choice between the following payment methods:
• by credit card
• by bank card
GlennBrackeArt is entitled to refuse an order as a result of a serious shortcoming on the part of the Customer with regard to the orders involving the Customer.
Article 5: Delivery and implementation of the agreement
Upon receipt of payment, the order will be sent to the specified shipping address by parcel service.
Items ordered through this web shop are shipped worldwide.
The delivery is done by Belgium Post and DHL
Unless otherwise agreed or expressly stated otherwise, the goods shall be delivered to the Customer's place of residence within 30 days of receipt of the order.
Any visible damage and/or qualitative defect of an item or other shortcoming in delivery must be reported to GlennBrackeArt without delay.
The risk of loss or damage is transferred to the Customer from the moment he (or a third party designated by him, who is not the carrier) is physically in possession of the goods. However, the risk is already transferred to the Customer upon delivery to the carrier, if the Customer's carrier was instructed to transport the goods and this choice was not offered by GlennBrackeArt.
Article 6: Retention of title
Until the time of full payment by the Customer, the delivered items remain the exclusive property of GlennBrackeArt.
The Customer undertakes, if necessary, to point out the GlennBrackeArt’s retention of title to third parties, for example to anyone who would seize the items not yet fully paid.
Article 7: Right of withdrawal
The provisions of this article only apply to Customers who, in their capacity, purchase items from GlennBrackeArt online.
The Customer has the right to revoke the agreement within a period of 14 calendar days without stating any reasons.
The cancellation period expires 14 calendar days after the date on which the Customer or a third party designated by the Customer, who is not the carrier, physically holds the last shipment or the last item of the order.
In order to exercise the right of withdrawal, the Customer must inform Bracke Cosmetics, Baron Romain Moyerson Park 30 B, 9300 Aalst, Belgium, through an unambiguous statement (e.g. by letter, fax or e-mail) of his decision to revoke the agreement. The Customer may use the attached model form for revocation, but is not required to do so.
In order to comply with the withdrawal period, the Customer must send notice regarding his exercise of the right of withdrawal before the expiry of the cancellation period.
The Customer must return, or hand over, to Bracke Cosmetics, Baron Romain Moyerson Park 30 B, 9300 Aalst, Belgium, the goods without delay, but not later than 14 calendar days after the date he has informed Bracke Cosmetics of his decision to revoke the agreement. The Customer is on time when he returns the goods before the 14 calendar days have lapsed.
The direct cost of returning the goods will be borne by the Customer.
If the returned product is in some way reduced in value, GlennBrackeArt reserves the right to render the Customer liable and to claim damages for any impairment of the goods resulting from the use of the goods by the Customer that goes beyond what is necessary to determine the nature, characteristics and operation of the goods.
Only items that are in the original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be returned.
If the Customer revokes the agreement, GlennBrackeArt will refund to the Customer all payments received, including the standard delivery costs, within 14 calendar days after Bracke Cosmetics, Baron Romain Moyerson Park 30 B, 9300 Aalst, Belgium is notified of the Customer's decision to revoke the agreement. In the case of sales agreements, Bracke Cosmetics can wait to refund until it has recovered all the goods, or until the Customer has shown that he has returned the goods, whichever comes first.
Any additional costs incurred by the Customer's choice of delivery other than the cheapest standard delivery provided by Bracke Cosmetics will not be refunded.
Bracke Cosmetics reimburses the Customer with the same means of payment as the Customer made the original transaction, unless the Customer expressly agreed otherwise; In any case, the Customer will not be charged for such repayment.
Article 8: Warranty
Under the Act of 21 September 2004 on consumer protection regarding the sale of consumer goods, the consumer has legal rights. This legal warranty applies from the date of delivery to the first owner. Any commercial warranty shall not prejudice these rights.
To make use of the warranty, the Customer must be able to submit proof of purchase. Customers are advised to keep the original packaging of the goods.
For items purchased online and delivered to the Customer at home, the Customer should contact GlennBrackeArt Customer Service and return the item to GlennBrackeArt at his expense.
In the event of a defect, Customer should inform GlennBrackeArt as soon as possible. In any event, any defect must be reported by the Customer within a period of 2 months after this defect being established. After that, any right to repair or replacement will cease.
The (commercial and/or legal) warranty never applies to defects arising from accidents, neglect, falls, use of the article in contravention of the purpose for which it was designed, failure to comply with the operating instructions or manual, adjustments or article changes, heavy-handed use, poor maintenance or any other abnormal or incorrect use.
Defects that occur after a period of six months following the date of purchase or delivery are deemed to be no hidden defects, unless the Customer can prove otherwise.
Article 9: Customer Service
GlennBrackeArt customer service is available by e-mail at email@example.com or by mail at the following address Baron Romain Moyerson Park 30 B, 9300 Aalst, Belgium. Any complaints may be directed towards them.
Article 10: Penalties for non-payment
Without prejudice to the exercise of other rights which GlennBrackeArt has, the Customer, in the case of non-payment or late payment from the date of non-performance of duty, is liable -by law and without notice – to pay a 10% interest per annum on the unpaid amount. In addition, the Client is – by law and without notice – obliged to pay a flat-rate compensation of 10% on the amount involved, with a minimum of 25 euros per invoice.
Without prejudice to the foregoing, GlennBrackeArt reserves the right to demand the return of non-fully paid items.
Article 11: Privacy
Bracke Cosmetics confirm that personal data processing takes place in compliance with the applicable laws and regulations, including the General Data Protection Regulation (henceforth referred to as "GDPR") since its coming into effect.
Bracke Cosmetics implement the obligatory requirements regarding requests of the Customer (data subject), especially based on Articles 15-22 of GDPR including, process, correction or deletion of personal data or limitation of processing in association with the personal data.
Bracke Cosmetics is responsible and shall provide to the Customer (data subject) information listed in the Articles 13 and 14 of the GDPR. Irrespective of the terms of the arrangement referred to in the present clause, the Customer (data subject) may exercise his or her rights under GDPR in respect of and against Bracke Cosmetics.
The personal data you provide will only be used for the following purposes: processing the order.
You have a legal right to access and, if necessary, correct your personal data. With proof of identity (copy ID), you can obtain the written notification of your personal data by means of a written, dated and signed request to Bracke Cosmetics – Baron Romain Moyerson Park 30 B, 9300 Aalst Belgium, for free. If necessary, you can also ask to correct any data that are incorrect, incomplete or irrelevant.
In the case of the data being used for direct marketing purposes, you can object to this for free by contacting Bracke Cosmetics – Baron Romain Moyerson Park 30 B, 9300 Aalst, Belgium at any time.
We treat your information as confidential and will not pass it on, loan it or sell it to third parties.
Customers are individually responsible for keeping their login information confidential and for the use of their password. Since your password will be encrypted, GlennBrackeArt will not be able to access your password.
GlennBrackeArt keeps online (anonymous) visitor statistics to see which pages of the website are visited to what extent.
If you have any questions about this privacy statement, please contact us at firstname.lastname@example.org.
While visiting the site, ‘cookies’ can be placed on your computer's hard drive. A cookie is a text file that is placed by the server of a website in your computer's browser or on your mobile device when you consult a website. Cookies cannot be used to identify people, they can only identify machines.
'First-party cookies' are technical cookies used by the visited site, whose purpose is to ensure that the site functions optimally. For example, settings made by the user during previous visits to the site or a pre-filled form with data that the user has completed during previous visits.
You can set your Internet browser to prevent cookies from being accepted, to receive a warning when a cookie is installed or to remove cookies from your hard drive afterwards. This can be done through your browser settings (via the help function). Please note that certain graphics may not be displayed correctly, or you may not be able to use certain applications.
Article 13: Validity – non-cancellation
If a provision of these Terms is declared invalid, illegal or null and void, this will in no way affect the validity, legality and applicability of the other provisions.
Any failure by GlennBrackeArt at any time to enforce any of the rights listed in these Terms, or practise any right thereof, shall never be deemed to be a breach of such provision and will never affect the validity of these rights.
Article 14: Modification of Terms
These Terms are supplemented by other terms expressly referred to, and the general sales terms of GlennBrackeArt. In case of contradiction, these Terms will prevail.
Article 15: Evidence
The Customer accepts that electronic communications and backups can serve as evidence.
Article 16: Applicable law – Disputes
Belgian law applies, with the exception of the provisions of international private law on applicable law.
The courts of the Consumer's domicile have jurisdiction in court proceedings. The Consumer may also contact the ODR (Online Dispute Resolution) platform (http://ec.europa.eu/consumers/odr/).
Appendix 1: Model form for revocation
Dear Customer, this form should only be completed and returned if you wish to revoke the agreement.
To Bracke Cosmetics
Baron Romain Moyerson Park 30 B,
I / We (*) hereby inform you that I / we (*) revoke our agreement on the sale of the following goods / delivery of the following service (*):
Ordered on (*) / Received on (*):
Name / Names consumer(s):
Signature of consumer(s):
(*) Delete as appropriate.