Terms and Conditions of Sale
October 14, 2020
To download these terms and conditions, click HERE.
PREAMBLE
The MAC COSMETICS Belgium merchant site www.maccosmetics.be (the "Website") is an e-commerce site accessible via the Internet, open to any user of this network. It is published by the company Estée Lauder Cosmetics ("ELCO-MAC", "We", "Us" or "Our") whose contact details and corporate identity are accessible at all times:
Identity
Estée Lauder Cosmetics SA
Attention: M-A-C Cosmetics
Kyoto Building
Leonardo Da Vincilaan 19
1831 Diegem
Belgium
VAT BE 0403.769.0321 RPM Brussels
Customer Service : Contact Us
Telephone: +3228085114
ELCO-MAC offers cosmetic products and accessories manufactured by and/or for ELCO-MAC or its possible commercial partners (the "Products") for sale to persons browsing the Internet Site (the "Users").
For the purposes of these terms and conditions, it is agreed that the User and ELCO-MAC will be collectively referred to as the "Parties" and individually referred to as the "Party", and that the User who has validated an order will be referred to as the "Purchaser". The rights and obligations of the User necessarily apply to the Buyer.
Any order of a Product offered on the Website or in the catalogs implies the consultation and express acceptance of these General Terms and Conditions of Sale (hereinafter "GTCS") by the Buyer.
It is specified that the User may save or print these GSC, provided that they are not modified. These GSC are also available at any time on the Website. They may be modified at any time, the applicable GTC being those in force on the Website on the date the order is placed by the Buyer.
In accordance with the legislative and regulatory provisions in force relating to electronic signatures, it is recalled and the parties expressly acknowledge that the validation of the order form under the conditions provided for in these GTCs constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and is proof of the completeness of the order and the payability of the sums due in execution of the said order.
1. DATA PROCESSING AND LIBERTIES - PERSONAL DATA
THE PRIVACY CHARTER - PRIVACY POLICY AND COOKIES is an integral part of the present contract.
2. PERSONAL USE OF THE PRODUCTS - ORDER THRESHOLDS
It is specified that the Products are intended for personal use by the User, without any direct connection with the professional activity of the latter. In this respect, the User's attention is particularly drawn to the fact that the amount of his orders must not exceed the sum of 400 Euros including VAT per order. In addition, it is specified that the same User may only order a maximum of four (4) Products of the same reference, per order and fourteen (14) pieces of various products per order. In case of an order exceeding the above-mentioned amount and/or number, the order tool will invite the User to revise downwards the selected quantities to comply with the above-mentioned thresholds. Daarnaast moeten we bestellingen ook beperken tot niet meer dan drie (3) bestellingen per klant per dag.
3. PURPOSE
The purpose of these GTC is to define the rights and obligations of the Parties arising from the online or catalog sale of the Products offered on the Website.
4. PRODUCTS - PRICES
4.1 PRODUCTSThe Products offered for sale by ELCO-MAC are those that appear on the Website on the day the User consults the Website and within the limits of available stocks.
ELCO-MAC is very vigilant about the availability of its Products and accepts orders within the limits of available stocks. However, in the event of unavailability of one of the Products, the Purchaser will be informed as soon as possible and will be reimbursed without delay and at the latest within thirty (30) days of the payment of the sums he has paid.
Only the delivered products will be invoiced.
The photographs and texts illustrating the Products are not part of the contract. ELCO-MAC cannot be held responsible for minor variations in the representation of the Products and these variations do not affect the validity of the sale.
4.2 PRICESThe prices are indicated in Euros and are valid in Belgium. They take into account possible reductions, as well as the VAT, applicable on the day of the order.
The prices indicated on the Website are guaranteed until the validity date indicated in the offer.
The prices indicated do not take into account the costs of processing, postage and packaging, which will be invoiced in addition:
- All orders are sent with UPS.
All orders are sent on working days, Monday to Friday (except vacations).
Orders placed on Saturday and Sunday will be processed the next business day. - Standard shipping costs are € 3,95 (standard delivery in 2 to 4 working days). Express delivery costs € 9,95.
5. REGISTRATION AND VALIDATION OF THE ORDER
5.1 NAVIGATION WITHIN THE WEBSITEThe User can view the various Products offered for sale by ELCO-MAC on the Website.
The User can browse freely on the different pages of the Website, without being committed to an order. By connecting to or using the Website, the User is nevertheless subject to the CONDITIONS OF USE and the PRIVACY POLICY AND COOKIES, which he acknowledges having read, understood and accepted without limitation or reservation.
5.2 REGISTRATION OF AN ORDER"On the Website, at any time, the User may :
- find out about the costs applicable to the different delivery methods available;
- obtain a summary of the Products they have selected, by clicking on their basket;
- continue his selection of Products by clicking on "Continue shopping";
- finish his selection of Products and order these Products by validating his basket and clicking on "Order with payment obligation".
To order the Products he has chosen, after clicking on "Order with payment obligation", any User must identify himself, either by entering his e-mail address and his confidential password, if he has already created his account, or by clicking on "To identify yourself, Click here! "otherwise.
In the latter case, the User must accurately fill in the form provided, on which he/she will include the information necessary for his/her identification and in particular his/her last name, first name and postal address. In addition, the User must provide his e-mail address and a password of his choice which will be personal and confidential and which he will need to identify himself later on the Website.
The User is informed and accepts that entering these two identifiers is proof of his/her identity and demonstrates his/her consent.
Once the User is identified, he/she will have to validate the delivery address or the In-Store Pickup then an order form will appear on the screen, summarizing: the nature, the quantity and the price of the Products selected by the User, as well as the total amount of the order, the delivery charges, the User's contact information, and the address and the delivery time of the Products, or the In-Store Pickup point. The User may choose the method of payment he/she wishes, among those proposed by ELCO-MAC below.
5.3 FINAL VALIDATION OF THE ORDERAfter having read the status of the order, and once all the information requested has been completed by the User, the latter will :
- either click on the chosen method of payment to definitively confirm the order;
- or click on the button allowing him to modify his basket and/or his personal information.
By clicking on the payment method button, the User must, before continuing the transaction, read these GTC, then confirm his agreement to all of these GTC, by means of an acceptance confirmation action implemented by the Website (for example, by checking a box).
Once the User has duly accepted the confirmation of the GTC, he/she can then make his/her payment by credit card.
The User will have to transmit his credit card number, according to the type of the latter, the expiry date of the latter as well as the cryptogram number (3 digit number appearing on the back of the credit card).
It is specified that by choosing an immediate payment by bank card, as provided for in article 8 below, the User will be automatically transferred to the BNP (the "Bank") electronic payment server. The Bank's server is secured by S.S.L. (Secure Socket Layer) encryption in order to protect all data related to payment methods as effectively as possible. At no time will the User's banking data pass through ELCO-MAC's computer system. ELCO-MAC is therefore not responsible for this.
The order is validly registered once the Buyer has been able to check the details of his order and its total price, that he has been able to correct any errors, and that he has validated his order. The User then becomes a Buyer.
The order form will be recorded on ELCO-MAC's computer registers, themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relations between the Parties.
5.4 CONFIRMATION OF THE ORDEROnce the Purchaser has validated his or her payment method on the Internet Site (if necessary with the provision of his or her card number and expiry date), a printable and recordable summary of the Purchaser's order will be displayed, mentioning in particular the references of the order. A confirmation e-mail will be sent to the Buyer when the order is registered, including the following information :
- Identity and contact details of the seller;
- References of the order;
- Summary of the order and essential characteristics of the Product(s);
- Delivery times, costs and any restrictions on delivery;
- Possible withdrawal in store and place of withdrawal;
- Total amount of the order, including VAT and delivery costs;
- Rights and legal guarantees available to the Buyer;
- Confirmation of payment.
6. PAYMENT
The amount due by the Buyer is the amount indicated on the order confirmation sent by e-mail by ELCO to the Buyer.
Payment will be made on the Internet by credit card (Visa, Eurocard/Mastercard, American Express, Sofort). It is specified that only bank cards issued by a financial institution within the European Union will be accepted.
If the Buyer has a "PayPal" account, he/she may also use this means of payment on the Site. To do this, when ordering, the Buyer must select the "PayPal" payment method; he/she will be redirected to a PayPal page allowing him/her to identify himself/herself and validate his/her payment. Once the payment has been validated, the Buyer will then be automatically redirected to the Site to finalize his/her order.
In any case, ELCO-MAC reserves the right to refuse any order or any delivery in the event of:
- (i) the ceilings indicated in the preamble to the present document are exceeded;
- (ii) an existing dispute with the Buyer;
- (iii) non-payment in whole or in part of a previous order by Buyer;
- (iv) refusal to authorize payment by card by banking institutions;
- (v) non-payment or partial payment;
- (vi) use of a credit card not issued by a recognized financial institution.
7. RETENTION OF TITLE
To the extent permitted by applicable law, ELCO-MAC retains ownership of the Product(s) ordered until full payment of the price and accessories, including delivery charges, has been received. In the event of a payment incident, the Buyer undertakes to return to ELCO-MAC the Product(s) that may have been received, without delay and on first request.
8. DELIVERY
ELCO-MAC sends a shipping notice when the package is sent.
The Products ordered by the Purchaser will be delivered only in Belgium, to the address indicated by the latter on the order form. An order can only be associated with one postal address. If you wish to send the same parcel to several addresses, you must create an order for each of the addresses concerned.
In any case, the Products will be delivered by UPS:
- Standard Delivery (order processing and shipping 2-4 business days);
- Express delivery (processing and shipping of orders within 24 hours if ordered before 11am).
We process orders on business days from Monday to Friday, except on holidays. Orders placed on Saturday and Sunday are processed the following Monday.
An order is only shipped once it has been processed.
However, delivery cannot be assured in case of force majeure (see below).
9. IN-STORE PICK-UP OPTION
The In-Store Pickup option allows the Buyer to pick up his order paid on the Website in one of the stores offering this option. It is specified to the Buyer that once the order is validated, the Products can only be collected from the store that was indicated during the order.
The Purchaser will receive an e-mail informing him/her of the date from which he/she will be able to collect his/her order from the store. The Products will only be available within 2 to 6 working days from the validation of the order.
In order to pick up the order in store, the Buyer must present a valid ID and the order confirmation email in store.
The Purchaser may also pick up his or her order in the store through a third party (hereinafter, the "Third Party"), who must, in order to pick up the said order, present his or her valid ID, the Purchaser's valid ID, as well as the order confirmation email that was given to him or her by the Purchaser.
Each article of the order will be given by ELCO-MAC to the Buyer or the Third Party in its original packaging; the Buyer or the Third Party will thus be able to check the conformity and the state of the article(s) of the order.
The Buyer or the Third Party will have to sign a slip to confirm the reception of the order in order to be able to definitively withdraw the order. This slip is proof of the delivery by ELCO-MAC and of the withdrawal by the Buyer of the items in the order in perfect condition.
In the event that the Product(s) subject to the order are not collected from the store within a period of between 3 and 7 working days after the date on which the Product is available in the store, the Purchaser will receive a reminder by email indicating that the Product is still available for collection for a further 7 working days from receipt of the reminder email.
After this period of 7 working days, the order is cancelled and the Buyer is refunded the amount of this order.
10. WARRANTIES
10.1 COMMERCIAL WARRANTYSome of the Products sold on the Website may benefit from a commercial guarantee, the duration and conditions of which are indicated on the page of the Product(s) concerned.
10.2 LEGAL GUARANTEESIndependently of any commercial warranty that may be granted to the Buyer, the Buyer benefits from rights as a consumer under the seller's two-year legal warranty of conformity applicable to consumer goods (Articles 1649bis to 1649octies of the Civil Code), and under the warranty of hidden defects (Articles 1641 to 1649 of the Civil Code).
11. RIGHT OF WITHDRAWAL
In application of the applicable law, the Buyer has a period of fourteen (14) calendar days to exercise his right of withdrawal to return the Product(s) he ordered, without having to give reasons for his decision.
This withdrawal period expires fourteen days after the day of receipt of the Product(s) ordered or :
- in the case where the Buyer orders multiple Products in a single order and delivered separately, from the day after the Buyer, or the third party he/she designates other than the carrier, takes physical possession of the last good;
- in the case of delivery of a Product consisting of multiple lots or pieces, from the day after Buyer, or its designee other than the carrier, takes physical possession of the last lot or piece;
- in the case of contracts for the regular delivery of Products over a specified period of time, from the day after Buyer, or a third party designated by Buyer other than the carrier, takes physical possession of the first good.
To exercise the right of withdrawal, the Buyer shall notify Us of its decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail).
For this purpose, the Buyer will also have the possibility of using the model of withdrawal form downloadable by clicking on the following link WITHDRAWAL FORM and provided in annex and notifying us by Contact Us. Or by mail to :
Estée Lauder Cosmetics SA
to the attention of M-A-C Cosmetics
Kyoto Building
Leonardo Da Vincilaan 19
1831 Diegem
Belgium
If the Buyer submits the cancellation electronically, We shall send the Buyer an acknowledgement of receipt of the cancellation on a durable medium (e.g. by e-mail) without delay.
In order to comply with the withdrawal period, it is sufficient for the Buyer to send the notice of withdrawal before the withdrawal period has expired.
In accordance with the applicable provisions, it is specified to the Buyer that notwithstanding a request for withdrawal made within the period previously indicated, the right of withdrawal cannot be exercised in particular for "the supply of sealed goods that cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery".
Consequently, the Buyer shall return the complete, unused Product(s) in its (their) original, undamaged packaging to Us without undue delay and, in any event, no later than fourteen days after the Buyer has communicated its decision to withdraw. This period will be deemed to have been respected if the Buyer returns the complete Product(s) before the expiry of the fourteen-day period.
The Buyer must contact the customer service to know the procedure allowing him to send back the Product(s) free of charge. The Buyer is only liable for the depreciation of the Product(s) resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product(s).
The Buyer shall ensure, insofar as possible, to attach to his package the number of his order and a shipping note to be stuck on the package, the latter can be obtained by contacting the Customer Service +4314240104 or by Contact Us.
In the absence of notification of the decision to withdraw within the aforementioned period of fourteen days, from the day of actual receipt of the order, the order is deemed final and no refund will be made, except in the cases provided for in these GTC.
In case of withdrawal of the Buyer, We will refund all payments received from him, including delivery costs (except for additional costs arising from the fact that the Buyer would have chosen, where appropriate, a method of delivery other than the less expensive method of standard delivery offered by Us) without undue delay and, in any event, no later than fourteen days from the day we are informed of the decision of withdrawal of the Buyer.
We will proceed with the refund using the same means of payment that you used for the initial transaction; in any case, this refund will not incur any costs for the Buyer.
The refund of the above-mentioned sums will be deferred until the Product(s) have been recovered in the above-mentioned conditions, or until the Buyer has provided ELCO-MAC with proof of the shipment of these goods, the date of the first of these facts.
For any additional information on the scope, content and methods of exercising the right of withdrawal of the Buyer, the latter may contact the customer service by Contact Us.
12. FORCE MAJEURE
ELCO-MAC will not be responsible for the total or partial non-execution of its obligations under the present contract, if this non-execution is caused by an event constituting force majeure.
Events that meet the criteria established by the case law and laws in force will be considered as force majeure.
In the event of an event constituting force majeure, ELCO-MAC will notify the User/Purchaser within five (5) working days of the occurrence or threat of such event.
The Parties agree that they will consult each other as soon as possible in order to determine together how to carry out the order during the period of the force majeure event.
After a period of one (1) month of interruption due to force majeure, ELCO-MAC may not honor the order, and will be responsible for reimbursing the Purchaser if necessary.
13. PARTIAL INVALIDITY
If one or more stipulations of these GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
14. COMPLETENESS OF THE CONTRACT
These GTC and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the Parties.
15. APPLICABLE LAW
These GTC and the contractual relationship between ELCO-MAC and the Buyer are subject to Belgian law.
16. ASSIGNMENT OF JURISDICTION
Any dispute arising from the formation, interpretation or execution of this contract will be submitted to the competent Belgian courts or to any other competent judicial authority.
17. CUSTOMER SERVICE CONTACT AND MEDIATION OF CONSUMER DISPUTES
For any question relating to a purchase made on the Website, the Buyer may contact the Customer Service Department as follows
- By telephone at +3228085114 from Monday to Friday from 8am to 8pm and on Saturday from 9am to 8pm, excluding public holidays.
- By internet: Contact Us
- By post:
PVS Fulfillment-Service GmbH
ELCO-MAC
Heinz-Nixdorf -Str.2, D-74172 Neckarsulm
GERMANY
In accordance with the applicable law, the Buyer has the right to use the mediation service offered by ELCO-MAC free of charge.
The name and contact details of the Consumer Ombudsman offered by ELCO-MAC are :
| Country of your billing address | Alternative Dispute Resolution Institution |
|---|---|
| Belgium | Commercial Ombudsman |
In accordance with the applicable law, the Consumer Ombudsman Service refuses to deal with a request referred to in paragraph 1:
1° when the complaint is fanciful, vexatious or defamatory;
2° if the complaint is anonymous or the other party is not identified or identifiable
3° when the complaint has already been processed by a qualified entity, including if it has refused to process the complaint for one of the reasons referred to in Article XVI.25, § 1, 7°, with the exception of point e)
4° when the complaint concerns the settlement of a dispute that is or has already been the subject of legal proceedings;
The Service de médiation pour le consommateur may refuse to deal with a request referred to in paragraph 1:
1° when the complaint in question has not been previously lodged with the business concerned;
2° when the complaint in question has been lodged for more than one year with the undertaking concerned;
3° when the handling of the dispute would seriously hamper the effective functioning of the Mediation Service for the consumer;"
You can also initiate the mediation process via the online dispute resolution platform developed and managed by the European Commission at the following address
HTTPS://WEBGATE.EC.EUROPA.EU/ODR/MAIN/?EVENT=MAIN.HOME.SHOW
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