> Terms and conditions
 

Terms and Conditions

 These terms and conditions of sale are entered into, on the one hand, by the company Designnailart, whose registered office is located in La Louviere, registered with the Trade and Companies Register under number 0541566341, hereinafter referred to as "Designnailart", and on the other hand, by any natural or legal person wishing to make a purchase via the Designnailart website, hereinafter referred to as "the buyer".


Purpose

These terms and conditions of sale aim to define the contractual relationship between Designnailart and the buyer, and the conditions applicable to any purchase made through the Designnailart online store, whether the buyer is a professional or a consumer. The acquisition of a product or service through this website implies full and unconditional acceptance by the buyer of these terms and conditions of sale.

These terms and conditions of sale shall prevail over any other general or specific conditions not expressly approved by Designnailart. Designnailart reserves the right to modify its terms and conditions of sale at any time. In this case, the applicable conditions shall be those in force on the date of the buyer’s order.

 

Characteristics of the products and services offered

The products and services offered are those listed in the catalogue published on the Designnailart website. These products and services are offered subject to availability. Each product is accompanied by a description.

The photographs in the catalogue are as accurate as possible but cannot guarantee perfect similarity with the product offered, particularly with regard to colours.

 

Prices

The prices shown in the catalogue are prices including VAT in euros, taking into account the VAT applicable on the day of the order; any change in the VAT rate may be reflected in the price of the products or services. Designnailart reserves the right to modify its prices at any time, it being understood that the price shown in the catalogue on the day of the order shall be the only one applicable to the buyer. The prices indicated do not include order processing, transport and delivery costs, provided that delivery takes place within the geographical areas specified below.

 

Geographical area

The online sale of the products and services presented on the website is reserved for buyers residing in Europe and for deliveries required within these geographical areas.

 

Orders

The buyer wishing to purchase a product or service must:

- complete the identification form with all required details or provide their customer number if they have one;

- complete the online order form by providing all references of the selected products or services;

- validate the order after checking it;

- make payment under the specified conditions;

- confirm the order and payment. Confirmation of the order implies acceptance of these terms and conditions of sale, acknowledgment of full knowledge thereof, and waiver of any other purchasing conditions. All data provided and the recorded confirmation shall constitute proof of the transaction. Confirmation shall constitute signature and acceptance of the operations carried out. The seller shall send confirmation of the recorded order by e-mail.

 

Loyalty program, reward points and levels

Designnailart offers its customers a loyalty program allowing them to obtain reward points and benefits based on certain actions carried out on the website (in particular purchases, choice of certain payment methods, posting a product review, or other actions offered from time to time).

1) Reward points
Reward points are credited to the customer account according to the terms in force at the time of the action. The rules for awarding points (number of points, eligible actions, possible exclusions, including depending on the payment method used) are indicated on the website and/or in the customer account.
Reward points:

  • have no monetary value, are not convertible into cash, and are neither transferable nor assignable;
  • may be adjusted or cancelled in the event of cancellation, full or partial refund, fraud, abuse, or non-compliant use;
  • have a validity period of 12 months from their date of allocation, unless otherwise stated. After this period, unused points automatically expire without refund or compensation.

2) Redemption of points
From their account, the customer may redeem their points, depending on the options available, in particular:

  • for gift vouchers of different values, issued in the form of a promotional code; these vouchers are valid for 30 days, non-refundable, and usable only if the required minimum order amount is reached. The minimum amount corresponds to the minimum order value required to use the voucher. No change will be given;
  • for gift products (added to the cart and paid with reward points);
  • for options or services that may be accessible exclusively via points, according to the conditions displayed at the time of redemption.

Gift vouchers, gift products, options and services obtained via points are subject to the conditions displayed at the time of redemption. In the event of non-compliance with the conditions (minimum amount not reached, expired period, etc.), the website may refuse the use of the code or benefit.

3) Loyalty levels (tiers, groups, plans)
The program may include loyalty levels granting access to additional benefits. Levels are determined based on the customer’s loyalty and overall activity, according to internal criteria defined by Designnailart, which may evolve.
Depending on the level, benefits may be offered, for example:

  • reward point multipliers (e.g. standard level, then higher multipliers);
  • priority and processing times for customer support (e.g. from 72 hours to less than 24 hours);
  • extension of the return period (e.g. from 14 days to 30 days), subject to applicable conditions;
  • access to certain services, options, products or specific benefits, and/or discounts.

The customer can view in their account the level to which they currently belong. Access thresholds for levels are not necessarily disclosed and may evolve.

4) Private circle (by invitation)
A level may be a private circle accessible by invitation only, reserved for selected customers with whom Designnailart works in close collaboration. Access to, maintenance of, and benefits related to this circle are at the sole discretion of Designnailart.

5) Evolution, modification, suspension
Designnailart reserves the right to modify, add, remove, suspend or terminate the loyalty program (reward points, eligible actions, ratios, validity periods, levels, benefits, options, services, redemption conditions, exclusions, etc.).
Except where required by law or in specific cases, these changes may occur at any time. Any useful information will be communicated by any appropriate means (website, customer account, e-mail, etc.). Changes to the loyalty program do not affect orders already validated. However, reward points constitute an evolving commercial benefit and may be subject to conversions, recalculations or adjustments, in particular based on their age, the rules in force and the reference periods defined by Designnailart.
When the loyalty program evolves, Designnailart may recalculate reward points by taking into account only the points acquired during a limited reference period, in particular the last 12 months.
Points acquired outside this period may be removed without compensation.
When a conversion is applied, only eligible and unused points are taken into account. Points already used are not re-credited.

 

Withdrawal

This provision applies only to distance sales to consumers for physical products. It does not apply to online training courses, for which the right of withdrawal is excluded under applicable laws. Furthermore, it does not apply to natural persons acting within the scope of their commercial, industrial, artisanal or professional activity, nor to legal entities.

The consumer may withdraw from the contract, without having to justify their decision, within 14 days from the date of delivery.

The customer has the choice:

a) Either to return the physical products, accompanied by the invoice or receipt, to our Designnailart store within 14 days from the date of delivery.
b) Or to notify in writing, within 14 days from the date of delivery, their decision to withdraw, preferably by e-mail. The customer will then receive instructions to return the product without undue delay and in any event no later than 14 days following the communication of withdrawal, by returning the product at their own expense to the postal address Designnailart, Place de Goegnies 28, 7110 Houdeng-Goegnies.

The products must be returned, as far as possible, in their original packaging, with all accessories provided, and in their original condition.

The customer is responsible for any depreciation of the products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the products. The customer is also required to respect the products and handle them with care.

Within 14 days following notification to Designnailart of the customer’s decision to withdraw, all amounts paid will be refunded using the same payment method as that used by the customer for the purchase (minus transport costs and the aforementioned depreciation, where applicable).


Designnailart reserves the right to postpone the refund until the goods have been recovered.

 

Payment

For online orders, the customer may make payment:


a) directly (online purchases only):

  • by payment card: Visa, Mastercard, Bancontact, Mister Cash, Maestro, Paypal;
  • by Net Banking: Belfius Direct Net, KBC/CBC Online, ING Homepay, Paypal

b) by bank transfer to our account BE30 1262 0886 4211 (not possible for "In-store pickup")

In the latter case, the products are set aside for the customer for 7 days, pending payment. After this period, we may decide to cancel the order.

For orders with home delivery by mail or delivery to a pickup point, the customer must always pay the full amount of the order.

For an "In-store pickup", the customer must pay the full amount at the time of collection of the order in the store.

In the latter case, the products are set aside for the customer for 7 days, pending payment. After this period, we may decide to cancel the order.

The buyer’s account will only be debited upon confirmation of the order and only for the amount of the products or services shipped or downloaded. An invoice showing VAT will be issued on paper.

 

Delivery

Deliveries are made to the address indicated on the order form, which must be within the agreed geographical area. The risks are borne by the buyer from the moment the products leave the premises of Designnailart.

In the event of damage during transport, a justified complaint must be submitted to the carrier within three days of delivery. Delivery times are given for information purposes only; if they exceed thirty days from the date of the order, the sales contract may be terminated and the buyer refunded, except in the event of loss by the carrier for an uninsured shipment. Any request for delivery insurance must be made to Designnailart before the order is shipped.

 

Delivery time

For items in stock at the time of the order and to be delivered to the customer’s home or to a pickup point, the time within which the order will be available is indicated.

In the case of an "In-store pickup" order placed during the store’s opening hours, the order will be available, except in cases of force majeure, 30 minutes after the order is placed. Orders placed after 5:30 p.m. will be available in store from 10:30 a.m. on the next working day.

For items that are not in stock at the time of the order, a maximum delivery period of 30 days applies, unless an explicit agreement to the contrary exists. As soon as the order is in stock, Designnailart will ship it or contact the customer for pickup if the order is marked as "In-store pickup".

Designnailart is not responsible for damage resulting from late delivery or non-delivery by the designated carrier. In such a case, liability is limited to the value of the items for which the customer provides proof of non-receipt.

 

Warranty

All products purchased or delivered for private use benefit from a legal warranty provided for by Articles 1641 et seq. of the Civil Code, for a period of 2 years. The warranty offered by Designnailart corresponds to the legal warranty and does not affect the buyer’s statutory rights. If the product is used for non-private purposes, the limiting warranty conditions of the manufacturer/supplier apply.

This warranty covers only conformity defects existing at the time of delivery of the goods. The following are therefore excluded:

  • any direct or indirect damage caused to the device after delivery (e.g. oxidation, shocks, falls, etc.);
  • replacement of elements or accessories requiring regular renewal;
  • damage resulting from fire, water damage, lightning, accidents or natural disasters;
  • defects caused intentionally or through negligence, improper handling, poor maintenance, abnormal use or use not in accordance with the manufacturer’s instructions;
  • damage resulting from commercial, professional or collective use.

We guarantee that our products comply with your order and meet the normal expectations you may have, taking into account the product specifications. We also guarantee that our products comply with all laws in force at the time of your order. Any request for intervention must be addressed to our after-sales service.
Regarding the delivery of goods, any defect must be repaired or replaced by us. Only in the event that repair or replacement is disproportionate or impossible, or cannot be carried out within a reasonable period, do you have the right to terminate the sales contract. If the defect is discovered more than six months after delivery, the consumer must prove that the lack of conformity existed at the time of delivery. Defects or damage due to misuse, such as water damage, oxidation, falls or impacts, negligence, poor maintenance, use contrary to the manufacturer’s instructions, as well as wear and tear, are not covered by the warranty. Repairs carried out by technicians not approved by the supplier result in the forfeiture of the warranty if such repair relates to the defect. For more information, please consult the instruction manual supplied with the product.

Return costs under warranty:
In the event of returning a product under warranty for repair, the cost of sending the product to Designnailart is borne by the buyer. Designnailart will bear the cost of repair and return of the product to the buyer.

In the event of non-conformity of a product sold, it may be returned to the seller who will take it back, exchange it or refund it. All complaints, requests for exchange or refund must be made by post to the following address: Rue de l’Infante Isabelle 114, 7110 La Louviere (HA) Belgium, within thirty days of delivery.

 

Liability

In the online sales process, the seller is bound only by an obligation of means; its liability cannot be engaged for damage resulting from the use of the Internet network such as data loss, intrusion, viruses, service interruption, or other involuntary problems.

 

Intellectual property

All elements of the Designnailart website are and remain the exclusive intellectual property of Designnailart.

No one is authorised to reproduce, exploit, redistribute, or use, in any capacity whatsoever, even partially, elements of the website whether software, visual or audio. Any simple or hypertext link is strictly prohibited without the express written agreement of Designnailart.

 

Personal data

In accordance with the law relating to information technology, files and freedoms of 6 January 1978, personal data relating to buyers may be subject to automated processing. Designnailart reserves the right to collect information on buyers, including through the use of cookies, and, if it so wishes, to transmit the information collected to commercial partners.

Buyers may object to the disclosure of their contact details by notifying Designnailart. Likewise, users have a right of access to and rectification of data concerning them, in accordance with the law of 6 January 1978.

 

Archiving & Proof

Designnailart will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code. The computerised records of Designnailart shall be considered by the parties as proof of communications, orders, payments and transactions carried out between the parties.