1. General information :
1.1 These general terms and conditions govern online sales concluded via the website www.roxils.com (hereinafter referred to as “the Website”) between ROXILS, whose registered office is Rue Renory 38, 4031 Angleur (Liège), registered under number BCE 0896.755.397 (hereinafter referred to as “ROXILS”) and its private customers (“the consumer”).
1.2 Online sales concluded via the Website are governed exclusively by the present terms and conditions. These are available on the [insert link] website. They take precedence over all other terms and conditions of purchase or sale.
1.3 ROXILS can be contacted regarding the performance of this contract by the following means and contact details: – Telephone: +32 (0) 493 70 98 68 – E-mail: info@roxils.com
2. Contract formation :
2.1 The contract is formed by the receipt by ROXILS of an order issued and validated by the consumer at the end of the ordering process made available by the Website, provided that the order has been confirmed by ROXILS to the consumer by sending an order confirmation by email to the email address provided by the consumer during the ordering process. The ordering process includes the following technical steps: Registration on the website, confirmation of the basket, choice of delivery and payment method, order confirmation and payment.
2.2 ROXILS shall be entitled, insofar as necessary, to suspend performance of the contract until full payment of the order has been received by the consumer.
2.3 ROXILS reserves the right to cancel an order if the products which are the subject of it are no longer available or for other serious and legitimate reasons which will be indicated to the consumer. In this case, ROXILS will take the initiative to inform the consumer at the coordinates provided at the time of the order and refund to the consumer all sums paid.
2.4 The essential characteristics of the products which are the subject of the order are described on the Website at the time of the order. However, the photographs are only indicative, and the products actually delivered may differ slightly from the description given on the Website or from the foreseeable use for which the consumer intended. Finally, the consumer acknowledges that ROXILS cannot be held responsible in the event of non-conformity of the products ordered to an abnormal or unforeseeable use for which the consumer intended them.
3. Order processing and dispatch
3.1 ROXILS undertakes to deliver the products ordered within a maximum of eight days, provided that ROXILS has received payment for the order. If, due to the state of stocks, the ordered products cannot be delivered within this period, ROXILS will contact the consumer; the parties will agree on another reasonable delivery period. The products ordered will be delivered to the delivery address agreed with the customer at the time of ordering, i.e. by post to the address specified by the customer.
3.2 If ROXILS has not delivered the order within the time limits referred to in the previous paragraph, the consumer has the right to notify ROXILS that he cancels his order. In the event of a valid cancellation by the consumer, ROXILS will reimburse the consumer for all sums paid by the consumer in payment for the cancelled order, no later than thirty days after receipt of the cancellation notification.
3.3 ROXILS shall not bear the risks associated with the delivery of ordered products to private individuals once the products have left the ROXILS warehouse (FOB Angleur). The consumer is responsible for checking that the order is complete. No complaint from the consumer in this respect will be accepted if it is not reported within 24 hours of delivery.
4. Right of withdrawal
4.1 The consumer has the right to notify ROXILS that he/she renounces the purchase, without penalty and without giving any reason, within 14 calendar days from the day following the delivery of the ordered products.
4.2 OPTION: By way of exception, the consumer does not have the right to cancel the purchase if the order concerns: – Custom-made products, or products personalized according to the consumer’s instructions; – Newspapers, journals or beauty magazines; – Products which, due to their nature, cannot be reshipped or are likely to deteriorate or expire rapidly;
4.3 Notification by the consumer of his/her wish to renounce the purchase must be communicated in writing, in the manner communicated by ROXILS on the Website.
4.4 The consumer who exercises his right of withdrawal undertakes to comply with ROXILS’ instructions concerning the return of the purchases he renounces. The consumer bears the costs and risks of shipment, unless he can prove that the products delivered did not conform to his order; in this case, ROXILS will bear the costs of reshipment. In the event that the consumer exercises his/her right of withdrawal, ROXILS will reimburse the consumer for the price paid for the products in question no later than thirty days after ROXILS has received the products dispatched by the consumer.
4.5 ROXILS reserves the right to refuse the return of products and/or the refund of the price if the products returned by the consumer have been damaged or opened (liquids, boxes of eyelashes, etc.). If the returned products have suffered minor deterioration, ROXILS will retain part of the price in proportion to the deterioration suffered.
5. PRICES AND PAYMENTS
5.1 The price of the products ordered is the price displayed on the Website on the date of the order. The prices shown include VAT, as well as any delivery charges, including those relating to the preparation of the parcel.
5.2 The consumer is obliged to pay the price of the products ordered at the time the order is placed on the Website. Payments may be made by credit card or by any other electronic means of payment offered on the Website when the order is placed. ROXILS reserves the right not to accept certain electronic payment methods.
5.3 Online payment operations are carried out by the services of ROXILS’ partner, i.e. X Online payment methods are automatically integrated into the Website; however, the consumer is informed that ROXILS does not intervene in any way in these online payment operations, which are exclusively under the control of ROXILS’ partner; ROXILS declines all responsibility in the event of unavailability or malfunction of its partner’s online payment service. ROXILS also makes available to the consumer, via the electronic payment module, a refund process, the use of which is strictly limited to the return of the purchase price in the event of the consumer exercising the right of withdrawal pursuant to and within the limits of article 4 of these general terms and conditions.
6. GUARANTEES
6.1 ROXILS guarantees that the products ordered by the consumer conform to normal and foreseeable use. The consumer is obliged to verify upon delivery that the totality of his order has been delivered to him; if this is not the case, he is obliged to inform ROXILS within 24 hours of receipt of his order.
6.2 The guarantee of conformity of delivered products is governed by articles 1649bis et seq. of the French Civil Code, to the exclusion of any other commercial guarantee. This is without prejudice to any commercial guarantees offered to the consumer by the manufacturers of certain products.
6.3 The warranty period is two years from delivery of the product. If the lack of conformity appears more than 6 months after delivery of the goods, the consumer must prove that the defect existed at the time of delivery. The consumer must notify ROXILS of any lack of conformity immediately and no later than two months after the appearance of this defect, under penalty of forfeiture of the guarantee of conformity. Proof of the time of appearance of the lack of conformity lies with the consumer.
6.4 In the event of non-conformity, ROXILS will, at its option, repair or replace the non-conforming products. If replacement with an identical product is impossible or disproportionate, the defective product will be replaced with a functionally equivalent product. If the replacement or repair of the defective products is impossible or imposes disproportionate costs or inconvenience on ROXILS, ROXILS shall have the option of reimbursing the consumer for the price of the products concerned (after deduction of compensation for the use that the consumer has had of the goods since their delivery, to the exclusion of any other indemnity or compensation).
6.5 The consumer shall notify ROXILS of any defects and return the defective products in accordance with the instructions provided by ROXILS. ROXILS will bear the cost of returning the goods, provided that the consumer has complied with these instructions.
6.6 If it appears that the products returned by the consumer are not defective, that the defects complained of did not exist at the time of delivery of the products or that the defects complained of were caused by the fact of the consumer, by normal wear and tear, by a lack of maintenance or precaution or by a use contrary to the instructions for use or inappropriate, ROXILS shall be entitled to: – Either invite the consumer to recover the goods in their current condition. In this case, the consumer will recover the goods at his own expense. – Or offer to repair the defective goods at the consumer’s expense. In this case, ROXILS will send the consumer an estimate for the repair and will proceed with the repair after acceptance of the estimate by the consumer. ROXILS may demand advance payment from the consumer for all or part of the repair work.
7. LIMITATION OF LIABILITY
7.1 In the event of culpable non-performance on the part of ROXILS, the liability of ROXILS shall be limited to direct and foreseeable damage, insofar as this can be proven by the consumer. ROXILS accepts no further liability. In particular, ROXILS shall in no event be liable for indirect damages such as economic and financial losses, loss of expected profits or savings, loss of customers, image, data, opportunities.
7.2 In any event, the total liability of ROXILS under this contract shall be limited to an amount equal to the amount of the consumer’s order.
8. FORCE MAJEURE
ROXILS shall not be obliged to perform its obligations in the event of force majeure, which includes for example natural disasters, acts and orders of public authorities, acts of terrorism or war, unavailability of electrical networks or telecommunication services, failure of a supplier or partner, accidents and illnesses, as well as any other event that was not reasonably foreseeable and surmountable for ROXILS. In the event of force majeure, ROXILS’ obligations shall be suspended until the disappearance of the circumstances preventing their performance. If the state of force majeure lasts for more than 30 days, either party has the right to terminate the contract by notifying the other party. Where applicable, the consumer will be reimbursed for payments made, to the exclusion of any other indemnity or compensation.
9. USE OF THE WEBSITE
The consumer who places an order undertakes to comply with the general conditions of use of the Website, published here X.
10. PROCESSING OF PERSONAL DATA
When the consumer registers on the website and/or places orders, ROXILS (the company) will collect and process personal data concerning the consumer. This processing is governed by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27/04/2016 (RGPD).
The Company collects and processes the identity data and contact details it receives from the User, in particular via the contact form on the website, and from any other person on the Company’s behalf.
useful contact. The purposes of these processing operations are to answer questions asked by the User, to execute an agreement, to manage customers and their orders, and for accounting and data processing purposes.
direct prospecting activities, such as sending promotional or commercial information. The legal bases are the performance of a contract, the User’s consent, compliance with legal and regulatory obligations and/or the Company’s legitimate interests.
The aforementioned personal data will be processed in accordance with the provisions of the General Data Protection Regulation and, unless otherwise agreed by
the User, to subcontractors, recipients and/or third parties, insofar as this is necessary for the aforementioned purposes.
The User is responsible for ensuring that the personal data he provides to the Company is accurate and up-to-date, and undertakes to comply strictly with the provisions of the General Data Protection Regulation.
of data protection with regard to the persons whose personal data it has transmitted, as well as with regard to any personal data it may receive from its own customers.
Personal data is stored and processed for the period necessary to meet the purposes of the processing and the relationship (contractual or otherwise). Users’ data will, in all cases, be removed from our systems no later than December 31 of the seventh year following the collection of the data or the placing of their last order, except in the case of personal data that we are obliged to keep for a longer period on the basis of specific legislation or in the event of ongoing litigation for which the personal data is necessary.
By agreeing to the collection and use of personal data, the User consents to the collection and use of personal data as defined below, in addition to the processing operations defined above.
The Company collects personal identification information (name, address, telephone number, e-mail address, VAT number, total number of visits to the site, number of visitors to each page of the site, domain names of visitors’ Internet service providers, IP addresses, cookie).
The User agrees that his data may be used for advertising, commercial or marketing purposes and consents to receiving information from the Company at his e-mail address (newsletter, etc.) or by post.
The Company undertakes to implement the technical and financial to ensure an adequate level of safety for all users. protect data confidentiality. The Company notifies the customer any violation of personal data of which it is aware.
The User is hereby informed that he/she may at any time withdraw his/her
consent and exercise the aforementioned rights by sending an e-mail to
11. GENERAL PROVISIONS
11.1 Availability and updating of the general terms and conditions. ROXILS reserves the right to modify them unilaterally in order to take into account, in particular, any changes in legislation or its own needs; in this case, the new terms and conditions will apply to all orders placed by the consumer after the new terms and conditions have been published online.
11.2 Non-waiver. The fact that ROXILS or the consumer does not avail itself of a breach of any of the obligations may not be interpreted as a waiver of the obligation in question.
11.3 Partial invalidity. If any clause of these general terms and conditions of sale is declared null and void in application of a law, regulation or following a final decision by a competent court, it shall be deemed unwritten; the other clauses shall remain valid and retain all their binding force and scope. ROXILS and the consumer may agree to replace the invalidated stipulation(s) by means of a rider.
11.4 Securities. In the event of any difficulty of interpretation between any of the headings and any of the clauses, the clauses shall prevail over the headings.
11.5 Capacity – Powers. ROXILS and the consumer warrant that they have the full capacity to enter into the contract and to be bound by all its provisions.
11.6 Applicable law – jurisdiction. These terms and conditions are governed by Belgian law. All disputes relating to the formation, performance or interpretation of the Contract shall be submitted to the exclusive jurisdiction of the Commercial Court of Liège. The consumer waives the right to contest the applicable law as well as the material and territorial jurisdiction of the competent court.
