General Terms and Conditions
General Terms and Conditions of Curvalift
Definitions and Scope
1.1 In these General Terms and Conditions, the following terms have the following meanings:
- Offer: The products offered by the intermediary via this webshop.
- Intermediary: The party offering the product via this webshop.
- Order: The product ordered by the buyer, for which an agreement has been concluded.
- Cooling-off period: The period within which the consumer may exercise their right of withdrawal.
- On-demand retail: The buyer places an order through the website, where the intermediary receives the order and is authorized to act as an intermediary to conclude an agreement for one or more products between the buyer and the supplier. The intermediary acts at no cost or risk to itself, with payment for the agreement processed through the intermediary, and the supplier delivering the product directly to the buyer.
- Consumer: The natural person not acting in the course of a business or profession, who enters into a distance agreement with an intermediary.
- Form: The withdrawal form provided by the intermediary that a consumer may complete if they wish to exercise their right of withdrawal, as included in the appendix to these terms.
- Right of withdrawal: The possibility for the consumer to withdraw from the agreement within the cooling-off period.
- Buyer: The individual with whom an agreement is concluded on behalf of the supplier.
- Supplier: The supplier of a product.
- Agreement: An agreement for the purchase of products, entered into or established between the buyer and the supplier through the intermediary, whereby only one or more remote communication techniques are used to conclude the agreement.
- Product: A product offered by the intermediary via the website through on-demand retail.
- In writing: Any digital communication using characters that can be stored on a durable medium, and whose method of use is determined by the intermediary.
- General Terms and Conditions: The general terms and conditions established by Curvalift, acting as the intermediary.
1.2 These terms apply to every offer made by the intermediary, every order, and every agreement, including any additions or amendments, as well as any follow-up agreements.
1.3 Any applicability of general or (purchase) terms from the buyer to the intermediary is expressly rejected.
1.4 Articles 11.5, 11.6, 12, 13, and 14 of these General Terms and Conditions apply only to consumers.
1.5 If, at any time, one or more provisions of these terms are wholly or partially nullified, the remaining provisions and the agreement shall remain in effect, and the relevant provision(s) shall be replaced by a provision that aligns as closely as possible with the intent and purpose of the original provision.
2: On-demand Retail
2.1 The details of the intermediary are listed on the website.
2.2 If the supplier is not based in Belgium, the ordered product will be registered in the name of the buyer.
2.3 Prices listed in the offer Included VAT and other government levies as well as shipping costs and any transportation or packaging costs unless explicitly stated otherwise.
2.4 Payment for the order is processed through the intermediary, with the intermediary paying the supplier on behalf of the buyer.
2.5 The difference between the amount the buyer pays for the order and the amount the intermediary pays to the supplier is considered remuneration for the services provided by the intermediary.
3: Offer
3.1 Each offer by the intermediary has a limited validity, meaning it is valid until the product is no longer in stock or available from the supplier ("expired") or can no longer be ordered via the website.
3.2 If an offer is subject to certain conditions, this will be explicitly stated in the offer.
3.3 Every offer is non-binding. The intermediary reserves the right to modify the offer at any time.
3.4 Each offer includes a complete and as accurate as possible description of the products to enable proper assessment by the buyer. Product images are a true representation of the product. The intermediary does not guarantee that the displayed colors exactly match the real colors of the product. When placing an order, the buyer can assess the product, its image, and description, taking the above into account.
3.5 All images and descriptions of a product are indicative and cannot give rise to compensation or cancellation of the agreement in the event of inaccuracies and/or deviations, except in cases where deviations in the essential characteristics of the product are such that it is effectively a different product than what the buyer intended to order.
3.6 Any offer that the buyer could reasonably have expected or understood to contain an obvious clerical error shall not be honored by the intermediary. The buyer cannot derive any rights from such an error.
4: Agreement
4.1 Subject to Article 4.5, an agreement is concluded at the moment the buyer accepts the offer and places the order, provided that the associated terms are met.
4.2 The agreement is concluded in Dutch unless the intermediary offers the terms and further communication in another language via the website. In such cases, the agreement may be concluded in a language chosen by the buyer, and the buyer may also communicate with the intermediary in that language.
4.3 If the buyer accepts the offer electronically, the intermediary shall immediately confirm receipt of the acceptance electronically, thereby establishing the agreement. Until the intermediary confirms receipt of acceptance, the buyer may dissolve the agreement.
4.4 The intermediary shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe environment. If the buyer can pay electronically, the intermediary shall take appropriate security measures.
4.5 The intermediary may investigate whether the buyer can meet their payment obligations and any other factors relevant to responsibly entering into the agreement. If the intermediary has valid reasons not to enter into the agreement, they reserve the right to refuse acceptance of the order or impose special conditions on its execution.
4.6 The buyer shall ensure that all information indicated by the intermediary as necessary, or which the buyer reasonably ought to understand is necessary for executing the agreement, is provided to the intermediary in a timely manner. If such information is not provided promptly, the intermediary reserves the right to suspend execution of the agreement and/or charge additional costs caused by the delay at the intermediary's standard rates.
4.7 The intermediary is not liable for damages of any kind caused by reliance on inaccurate and/or incomplete information provided by the buyer unless the inaccuracy or incompleteness was known to the intermediary.
5: Price
5.1 The prices listed in the offer are based on cost factors prevailing at the time the agreement is concluded, such as import and export duties, freight and unloading costs, insurance, and any taxes and duties. Any favorable or adverse differences at the time of arrival, departure, or delivery shall benefit or be borne by the buyer.
5.2 Offer prices are subject to typographical and printing errors. The intermediary accepts no liability for the consequences of such errors. In the event of typographical or printing errors, the intermediary is not obliged to deliver the product at the erroneous price.
5.3 A combined offer does not obligate the intermediary to deliver any part of the items included in the offer at a corresponding portion of the quoted price.
6: Compliance and Warranty
6.1 Subject to relevant provisions in these General Terms and Conditions, the products comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions and regulations applicable on the date the agreement is concluded.
6.2 The intermediary notes that certain products have a limited shelf life, which is stated on the respective product. Buyers must consider this shelf life to ensure the quality and safety of the product according to the supplier's warranty.
6.3 Any defects or incorrectly delivered products must be reported to the intermediary in writing within four (4) weeks of delivery. The products must be returned in their original packaging and unused condition.
6.4 The intermediary’s warranty period corresponds to the manufacturer’s warranty period. However, the intermediary is never responsible for the ultimate suitability of the products for individual application by the buyer, nor for any advice on the use or application of the products.
6.5 In the event of a warranty claim, the intermediary shall, at its discretion, provide a replacement or repair. In the case of replacement, the buyer agrees to return the replaced item to the intermediary.
6.6 The warranty does not apply if:
- The buyer has repaired and/or altered the delivered products themselves or had them repaired and/or altered by third parties.
- The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the intermediary's instructions and/or packaging.
- The defect is wholly or partially caused by regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
7: Delivery and Execution
7.1 The intermediary shall process product orders with the utmost care.
7.2 The place of delivery is the address provided by the buyer to the intermediary when placing the order.
7.3 The intermediary will promptly forward and ensure the execution of accepted orders.
7.4 All delivery times are estimates. When delivering products from a country other than Belgium, delivery times may be longer than those stated on the website. This period depends on the supplier's delivery time. The buyer cannot derive any rights from these indicated delivery times.
7.5 If an order cannot be fulfilled, or can only be partially fulfilled, the buyer will be notified within 30 days of placing the order.
7.6 The intermediary is entitled to deliver items in parts unless this deviates from the agreement or the partial delivery has no independent value. The intermediary has the right to invoice such delivered parts separately. Exceeding a delivery time does not entitle the buyer to compensation.
7.7 The delivery times stated on the website are only guidelines.
7.8 Exceeding the stated delivery time does not entitle the buyer to dissolve the agreement or claim damages, unless explicitly agreed otherwise.
7.9 In the event of dissolution in accordance with paragraph 3 of this article, the intermediary will refund the amount paid by the buyer as soon as possible, but no later than 14 days after the dissolution.
7.10 If delivery of an ordered product proves impossible, the intermediary will make every effort to provide a substitute item. At the latest upon delivery, it will be clearly communicated that a substitute item is being delivered. The right of withdrawal cannot be excluded for substitute items. The costs of returning a substitute item are borne by the intermediary.
7.11 The risk of damage and/or loss of products lies with the intermediary until delivery to the buyer or a representative designated and announced to the intermediary, unless explicitly agreed otherwise. Accepting goods without any remarks on the shipping receipt/invoice serves as proof that the packaging was in good condition at the time of delivery.
8: Payment
8.1 Unless otherwise agreed, the amounts owed by the buyer under the agreement must be paid immediately upon placing the order.
8.2 The buyer is obliged to promptly report any inaccuracies in payment details provided to the intermediary.
8.3 If the buyer does not meet their payment obligations on time, they owe statutory interest on the outstanding amount, and if the buyer is not a consumer, they owe statutory commercial interest. The intermediary is entitled to charge for extrajudicial collection costs incurred by or on behalf of the intermediary. Collection costs are calculated in accordance with the laws and regulations on extrajudicial collection fees.
9: Liability Provisions
9.1 The intermediary is not responsible for errors and/or irregularities in the functionality of the website. The intermediary is not liable for any failure or unavailability of the website, for any reason.
9.2 The intermediary does not guarantee the accurate and complete transmission of content from emails or other digital communications sent by or on behalf of the intermediary, nor for timely receipt thereof.
9.3 All claims by the buyer due to defects on the part of the intermediary lapse if they are not reported in writing to the intermediary within one (1) year after the buyer became aware or should reasonably have become aware of the defects on which they base their claims.
9.4 The intermediary expressly disclaims all liability and claims from buyers and third parties who have suffered (physical) harm due to careless, improper, or unnecessary use of the products. Products may only be used in accordance with their instructions for use.
9.5 The intermediary advises buyers to always read the instructions for use before using the products and act accordingly. Products must be stored and used in accordance with the instructions.
9.6 Any advice regarding the use of products is general and non-binding. The buyer must assess independently and at their own responsibility whether a product is suitable for them. In case of doubt about the use of a product, the buyer should contact the supplier or their (family) doctor for advice on usage in specific cases.
9.7 Certain products, such as those containing small parts, external care products, and electrical devices, must be kept out of reach of young children.
9.8 The intermediary advises the buyer, especially in cases of pregnancy, breastfeeding, taking medication, or suspected sensitivity to any of the ingredients, to consult an expert before using products such as cosmetic care products, where necessary, after reading the instructions for use.
10: Force Majeure
10.1 The intermediary is not liable to the buyer if the obligations under the agreement cannot be met due to force majeure. Force majeure includes but is not limited to:
- Force majeure on the part of the supplier;
- Government measures and restrictions;
- Power failure;
- Disruption of internet, data networks, and telecommunication facilities, e.g., due to cybercrime and hacking;
- Natural disasters;
- War and terrorist attacks;
- General transport problems and restrictions;
- Strikes by suppliers or intermediaries; and
- Other situations beyond the intermediary's control that temporarily or permanently prevent fulfillment of obligations.
10.2 During the period of force majeure, the obligations under the agreement will be suspended. If this period lasts longer than two months, either party is entitled to dissolve the agreement without obligation to compensate the other party or the intermediary for damages.
10.3 If the intermediary has already partially fulfilled their obligations under the agreement or is able to do so at the time of force majeure, and the fulfilled or to-be-fulfilled portion has independent value, the intermediary is entitled to invoice the already fulfilled or to-be-fulfilled portion separately. The buyer is obliged to pay this invoice as if it were a separate agreement.
11: Data Protection
11.1 The (personal) data of the buyer is stored in a database. This data will primarily be used for the execution of the agreement. Upon request, the intermediary may send the buyer information about its products, such as newsletters and offers. The buyer can object at any time to the use of personal data for direct marketing purposes and/or the (further) receipt of (specific) marketing information by submitting an objection to the intermediary.
11.2 The buyer agrees to the use of electronic means of communication. The buyer acknowledges that despite all reasonable security measures taken by the intermediary, electronic communication is not secure and may be intercepted, manipulated, infected, delayed, or misaddressed, including by viruses and spam filters. The intermediary cannot guarantee absolute security against unauthorized access.
11.3 The intermediary takes appropriate measures to ensure the confidentiality and secure storage of (personal) data in accordance with GDPR regulations.
11.4 For the execution of the agreement, (personal) data may also be transferred to countries outside the European Union, for instance, to a supplier in China. Otherwise, the agreement between the buyer and supplier cannot be executed, and the order cannot be delivered. However, the intermediary will provide contractual guarantees for this.
11.5 The buyer, as a consumer, has the right to request the intermediary in writing for access to and/or (if applicable) correction, supplementation, deletion, or blocking of personal data processed by the intermediary. A request for access and/or correction should be addressed to the intermediary’s management. Upon first request, the registered personal data will be provided, corrected, or deleted.
11.6 Personal data of the buyer, who is a consumer, will not be disclosed to third parties unless the intermediary is required to do so by applicable laws and regulations or it is necessary for the execution of the agreement.
12: Consumer
12.1 For consumers, prices are inclusive of VAT, taxes, and inclusive of shipping costs.
12.2 Before an agreement with a consumer is concluded, the text of the terms and conditions will (electronically) be made available to the consumer in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated where and how the terms and conditions can be accessed electronically before the agreement is concluded, and that the terms and conditions will be provided free of charge upon request.
12.3 The intermediary will make the following information available to the consumer via the website or ensure that this information can be stored in an accessible manner on a durable data carrier:
- The conditions and methods for filing a complaint by the consumer;
- The conditions and methods for exercising the consumer's right of withdrawal, or a clear statement if the right of withdrawal is excluded;
- Information about warranties and after-sales service;
- The form. 12.4 To exercise any legal rights that the consumer has against the supplier, the consumer can contact the intermediary, provided this is in accordance with the general terms and conditions.
12.5 Any warranty provided by or on behalf of the intermediary or supplier does not affect the consumer's statutory rights under the agreement with the intermediary.
12.6 In the event of Article 7.5 being applicable, the buyer, as a consumer, has the right to terminate the agreement free of charge for products that are unavailable or cannot be delivered within a reasonable period.
12.7 The intermediary may deviate from Article 8.3 concerning the collection costs charged to the consumer.
13: Right of Withdrawal
13.1 When purchasing products, the buyer, as a consumer, has the right to cancel the agreement without giving any reason within 14 days. This cooling-off period starts on the day after the consumer receives the product or a pre-designated representative who has been made known to the intermediary.
13.2 During the cooling-off period, the consumer will handle the product and packaging with care. The product will only be unpacked or used as necessary to assess whether the consumer wishes to keep the product. If the consumer exercises their right of withdrawal, they must return the product with all delivered accessories and—if reasonably possible—in its original condition and packaging, following the reasonable instructions provided by the intermediary.
13.3 If the consumer wishes to exercise their right of withdrawal, they must notify the intermediary within 14 days of receiving the product using the form. After notifying the intermediary, the consumer must return the product to the supplier within 14 days. The consumer must provide proof that the products have been returned on time.
13.4 If the consumer does not notify the intermediary of their intent to exercise the right of withdrawal or fails to return the product to the supplier within the periods specified in Articles 13.2 and 13.3, the purchase is final.
The following products are excluded from the right of withdrawal: a) Products that are clearly personal in nature; b) Products that cannot be returned due to their nature; c) Products that spoil or age quickly; d) Products whose price is subject to fluctuations in the financial market over which the intermediary has no control; e) Audio and video recordings and computer software whose seals have been broken after delivery; f) Sealed products that, for reasons of health protection or hygiene, are unsuitable for return, and whose seal was broken after delivery; and g) Products made at the consumer's request according to consumer specifications.
14: Identity of the Entrepreneur
Curvalift
2840 REET/ Rumst
Email Address: info@curvalift.com
Enterprise Number: 0792.807.358
VAT Number: BE 0792.807.358
15: Costs of Withdrawal
15.1 If a consumer exercises their right of withdrawal, they must bear the costs of returning the goods.
15.2 If the consumer has made a payment, the intermediary will refund the amount as soon as possible but no later than 14 days after receiving the withdrawal. Refunds will be made using the same payment method used for the purchase unless the consumer explicitly agrees to another payment method, which the intermediary accepts. A refund requires the intermediary or supplier to have already received the product or conclusive proof of complete return provided.
15.3 If the product is damaged due to careless handling by the consumer, the consumer is responsible for the depreciation of the product.
16: Complaints and Disputes
16.1 If the buyer has a complaint, they must report it in writing to the intermediary.
16.2 A complaint does not suspend the buyer's or intermediary's obligations unless the intermediary indicates otherwise in writing.
16.3 A complaint about the execution of the agreement must be submitted in writing and substantiated within seven (7) days of the buyer discovering the defect.
16.4 A complaint will be responded to within 14 days of receipt by an authorized representative. If a complaint requires a foreseeable longer processing time, the complainant will be informed within 14 days and given an estimate of the time required to handle the complaint.
16.5 The intermediary always has at least four (4) weeks to resolve a complaint amicably. After this period, the complaint is considered a dispute under Article 16.8.
16.6 If the intermediary deems a complaint valid, they may choose to replace or repair the delivered products at no cost. If the complaint cannot be resolved amicably, it becomes a dispute under Article 16.8.
16.7 If the complainant is a consumer, they may also contact a dispute arbitration committee via the European ODR platform (https://ec.europa.eu/consumers/odr/).
16.8 All disputes arising from or related to the agreement or these terms are governed exclusively by Belgian law and are subject solely to the jurisdiction of Belgian courts unless mandatory legal provisions stipulate otherwise.
16.9 The applicability of the Vienna Sales Convention is excluded.
Contact:
Email: info@curvalift.com
We will respond to your email within 24 hours.
Location:
Curvalift
Belgium