TERMS & CONDITIONS
1. Definitions and application of the Terms of Sale
The present terms of sale (hereafter the "Terms of Sale") can be found on the website (hereafter: the “Website”). The Website and the related services are offered by:
Company number (VAT-BE): 0899.533.557
For the purpose of these Terms of Sale, the following definitions shall have the following meanings:
i. “Purchaser”: Every natural or legal person who enters into a contractual relationship with Udäv Krit. Each Purchaser agrees not to purchase the Products of Udäv Krit with the sole purpose of reselling them. Further also referred to as “you” or “your”.
ii. “Consumer”: Every natural person in the capacity of Purchaser acting for purposes outside his business or professional activity.
iii. “Products”: All goods that are the subject matter of one or more Sales Contracts.
iv. “Sales Contract”: Every contract in which Udäv Krit commits to transfer the property of the Products to the Purchaser and where the Purchaser commits to pay for these Products.
The Terms of Sale apply to all current and future sales of Products by Udäv Krit to the Purchaser. By using the Website, you expressly accept our Terms of Sale, as well as all other rights and obligations as stated on the Website.
These Terms of Sale are always and exclusively applicable, except in the case of an explicit derogation. An explicit derogation is only valid when it is the result of a mutual agreement that is recorded in writing. Explicit derogations are only valid when they replace or supplement the clauses they relate to. These derogations do not affect the applicability of other provisions of the Terms of Sale.
Udäv Krit reserves the right to amend and/or supplement the Terms of Sale in the future. Any future changes will have no effect on existing product orders and consequential Sales Contracts.
2. Offer and acceptance
Our online offer is presented with the utmost care. We provide information about the features of our Products, including technical descriptions based on information we receive from our partners and suppliers, and photographs illustrating the Products. We provide this information to the extent technical resources permit us.
The images displayed on our Website provide an approximate representation of the substantial features of our Products. The Purchaser accepts that, upon delivery, certain non-substantial characteristics of a Product may differ from the photographs and descriptions displayed on the Website.
Our online offer is presented as an invitation to purchase. Udäv Krit is not bound by its online offer. An offer is only valid while stocks last. We reserve the right to attach particular conditions to a specific offer, such as a limited duration. The Purchaser can rest assured that these particular conditions are only applicable when explicitly communicated prior to the order placement.
To purchase a Product from the Udäv Krit range, the Purchaser must complete our online ordering method.
This purchase is binding on the Purchaser. Udäv Krit will send a confirmation of the order within seven (7) calendar days directed to the e-mail address specified by the Purchaser at the moment of ordering. The Sales Contract shall be concluded as soon as the Purchaser has received the order confirmation email issued by Udäv Krit.
Udäv Krit retains the possibility to refuse the sending of an order confirmation email or to unilaterally reject an order placement by means of an explicit statement. Udäv Krit will inform the Purchaser and will – where possible – propose a similar Product if the initial order cannot be executed or can only be partially executed. There is no Sales Contract if Udäv Krit refuses the order or if the Purchaser does not agree with the proposed alternatives. In such case, all payments that have been made will be soon refunded. The Purchaser is not entitled to any form of compensation.
The Parties expressly acknowledge that the use of different types of electronic communications, such as email, give rise to a valid Sales Contract. This is fully consistent with the Belgian Code of Economic Law. Within the limits of what is permitted by law, Udäv Krit can make use of all electronic files available to prove the existence of the Sales Contract. An ordinary digital or electronic qualified signature is not an essential requisite proof.
All prices towards Consumers are indicated in EURO and include VAT and other taxes. The individual product price does not include the costs of delivery and other additional costs. Udäv Krit will communicate these costs in the last step of the online ordering process. The delivery costs may vary depending on the country of delivery.
The price as displayed on the confirmation of order is the final price to be paid. Obvious errors in pricing, such as obvious inaccuracies, can still be corrected by Udäv Krit after the conclusion of the Sales Contract.
The Purchaser must communicate any complaints regarding the pricing or the payment within seven (7) calendar days after the order confirmation, in writing. The filing of a complaint does not suspend due payments.
We have the right to change our prices at any time but commit to always apply the prices that were indicated on our Website at the time of your order. Price changes that are due to changes in VAT rates will be borne by the Purchaser.
4. Payment terms
In most cases, payments are handled promptly and completely, i.e. when the Purchaser places his order.
We accept the payment methods as indicated on our Website:
PayPal (No registration required)
Purchasers can also pay via bank transfer. As soon as you have placed your order via the Website, you will receive a confirmation email containing the payment details. You can then transfer your payment to the bank account number of Udäv Krit via your trusted network banking system.
In the future, Udäv Krit can always expand the payment methods. These expansions will always be announced on our Website. Udäv Krit takes all necessary precautions to ensure safe payments. Our main concerns are a loss or theft of your identity or financial information. The use of the abovementioned authorized payment partners and credit card issuers provide the necessary guarantees.
We make use of the secured payment system of Mollie for the further processing of the payment. This closed security system processes your bank details always in an encrypted manner. Security measures via the SSL protocol are provided.
Udäv Krit shall only deliver the order as soon as it has received the full payment of all amounts owed by the Purchaser. Udäv Krit always retains ownership of all Products ordered until full payment of all amounts due under this Agreement has been made, regardless whether the delivery has already occurred.
We process every order in a rapid manner. We do our utmost to deliver your Products within five (5) business days after the order confirmation. However, the Purchaser understands that this delivery period is purely indicative and that we cannot give any guarantees in this respect.
Unless otherwise agreed, your order will be delivered within thirty (30) calendar days upon order confirmation at the latest. If Udäv Krit fails to deliver the Products within the agreed upon timeframe or within thirty (30) days upon order confirmation, the Purchaser is recommended to request delivery within an additional, appropriate timeframe. The Purchaser may only terminate the Sales Contract if Udäv Krit fails to deliver the Products within the additional communicated timeframe. In the event of such termination, Udäv Krit will reimburse all sums paid without undue delay and no later than fourteen (14) calendar days after termination of the Sales Contract. The exceeding of the delivery time does not give rise to an additional right to compensation.
When you order a Product that is not in stock, there may be an indication of when the Product will be back in stock. The delivery time starts as soon as the Products are back in stock.
Udäv Krit uses external parties and carriers for the execution of the delivery. This may have an effect on the deliveries. However, Udäv Krit takes no responsibility for late deliveries by third parties or for orders which are lost by third parties, nor does it take responsibility for late or lost deliveries in case of unforeseen circumstances or force majeure. If an order that has been sent remains undelivered, Udäv Krit will conduct an investigation at the carrier’s end. This can take several days. During this period, Udäv Krit cannot provide any reimbursement or proceed to a re-delivery of the Products.
The Purchaser is responsible to make the delivery possible at the indicated address, either by being present himself or by designating a third-party present at the indicated address at the moment of the delivery. A delivery is performed as soon as the ordered Products are offered one time at the indicated address. If a delivery is unsuccessful due to a failure by the Purchaser or by the third party designated by the Purchaser, the cost of this delivery attempt is fully borne by the Purchaser.
Udäv Krit bears the risk for damage and/or loss of the Products until the moment of delivery. Risk associated with the Products shall pass from Udäv Krit to the Purchaser on delivery. Each delivery requires a signature of the delivery confirmation, but a lack of signature does not affect the transfer of risk.
6. Statutory warranty
Every Consumer has a legal warranty period of two (2) years. The Consumer may rely on this legal warranty if the Products delivered do not match the requested or ordered Product (non-conformity), in so far as the Consumer could not establish this non-conformity upon receipt of the Product.
If the Product is defective within the first six months after delivery, there will be a presumption that the defect has existed since delivery. Udäv Krit can prove the opposite.
If the Product defect is detected more than six months after delivery, then the Consumer must prove the non-conformity of the Product at the time of delivery.
Furthermore, Udäv Krit shall be responsible with respect to all Customers for the hidden (non-visible) defects in the Products delivered by it. For the Consumer, this system applies after the statutory guarantee period of two years has expired. The system of hidden defects does not apply if the Customer was aware of these defects at the time of purchase. Consequently, each Customer is entitled to rectification if, after delivery, he discovers a hidden defect in the delivered Product, in accordance with the legal requirements.
The statutory warranty does not apply to:
Damage caused by normal wear and tear, accidental or deliberate changes made by the Customer to the Products, including injudicious and incorrect use and exposure to moisture, fire, and other external causes;
Consumables: this covers all skincare and make-up products.
Additional commercial warranties are always possible in accordance with the Terms of Sale and will always be expressly communicated.
6.2 Complaint mechanism
The Customer or the third party designated by the Customer is required to examine the Products accurately on their conformity as soon as he receives the Products. If the Product is affected by a defect, and the receiver perceives this defect, he must submit a complaint.
Customer shall communicate these complaints towards Udäv Krit in a written statement and in an explicit, unambiguous and motivated manner. This must be done:
For visible defects: within three (3) calendar days upon delivery to the Udäv Krit or third party designated by the Customer.
For invisible defects: within seven (7) calendar days upon discovery of the presumed defect.
It is the duty of the Customer to motivate this communication sufficiently. In the absence of a sufficiently motivated complaint, the Customer is not entitled to send back the Products.
6.3 How to return a Product when exercising your statutory warranty right
Every Customer is obliged to send back the non-compliant Product to Udäv Krit within thirty (30) calendar days after filing the complaint with a view to a repair, replacement or refund. In the other case, the suspension of the statutory warranty period will be considered invalid.
The term of thirty (30) calendar days does not apply when it is clearly shown that the Product is damaged as a result of transportation. In such event, the Customer shall return the Product without delay and at the latest within the three (3) calendar days.
Products must be returned to Udäv Krit in their original condition, including their packaging, accessories and documentation, and always accompanied by the original invoice or a valid proof of payment. Any failure to comply with this obligation will result in a proportional reduction in the repayment.
Sending back a Product is always at risk of the Customer. All costs for return shipment shall be borne by Udäv Krit, if the Customer complies with the warranty terms. Udäv Krit will provide the Customer with a return slip. In any case, we recommend a registered and insured return shipment to avoid the risks of loss and theft.
This return shipment must be done within seven (7) calendar days after the communication.
6.4 Repair or replacement
If the abovementioned conditions are met, the Customer is firstly entitled to a free repair or replacement of the ordered Products, if the situation renders it possible. Please note that we will only replace the Product with the same item of the same size, depending on available inventory. If the Product cannot be repaired or the same Product is not available, the Customer will receive a voucher with a value equal to the amount of the initial order. The Customer always has the right to refuse the voucher and demand a full refund instead.
Udäv Krit is only held to a refund if the reparation or replacement no longer produces the same benefit for the Customer. The Customer will have to communicate this ground in a clear and motivated manner. Any compensation and reimbursement can never exceed the amount invoiced to the Customer.
If the Products have been sent back even though the conditions were not met, Udäv Krit will send the Products back to the Customer. The cost of this shipment will be borne by the Customer. Udäv Krit may stock the returned Products on behalf and at risk of the Customer, as long as the costs of return have not been paid.
7. Right of Withdrawal
The Consumer enjoys a right of withdrawal, in accordance with the Distance Selling Regulations (DSR) and article VI.47 Belgian Code of Economic Law The right of withdrawal provides the Consumer with the possibility to terminate the Sales Contract within fourteen (14) calendar days after the delivery. No motivation or penalty fee is required. Udäv Krit welcomes your feedback in order to improve its services.
Udäv Krit authorizes the Consumer to remove the delivered Products from their packaging in order to verify that they meet the Consumer’s expectations. However, Udäv Krit does not accept that Products showing clear signs of use (including, but not limited to: stains, streaks, tears, odors, etc.) are returned by the Consumer.
If the Consumer applies his right of withdrawal in conformity to the legal conditions, Udäv Krit will take care of the reimbursement of the amount actually paid for the Product within thirty (30) calendar days This also applies for orders placed during promotional offers. The Consumer will receive a voucher with a value equal to the amount of the initial order, with the exception of the shipping costs for returning the Products. The Consumer always has the right to refuse the voucher and demand a refund instead. In such a case, a refund will be given for the total value of the order, with the exception of shipping costs for returning the Products. The refund will be carried out by means of the same payment method you used for the initial transaction, unless you expressly agree otherwise. No additional fee will be charged for the refund.
Attention: Udäv Krit does not reimburse any additional delivery costs, such as the cost endorsed if the Consumer selects a delivery method that differs from the cheapest standard delivery method.
7.2 Exceptions to the right of withdrawal
The Consumer is not entitled to exercise his right of withdrawal in case of the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery (Article VI.53, 5° WER). As a consequence, any make-up products which have been taken out of their packaging by the Consumer, cannot be returned to Udäv Krit.
7.3 How to exercise your right of withdrawal
The Consumer who wishes to invoke the right of withdrawal must communicate his decision explicitly and unambiguously, in a written statement. The communication must happen within fourteen (14) calendar days since the day of acquiring physical possession of the Products.
It is up to the Consumer to prove that he can rely on his right. The following information must always be clearly communicated:
The following three dates: the date of order, date of receipt and the date on which the right of withdrawal is used;
Name and address of the Consumer;
Signature of the Consumer.
The notice of withdrawal must be sent by e-mail to firstname.lastname@example.org.
7.4 How to return a Product when exercising your right of withdrawal
The Consumer must return the Products to Udäv Krit as soon he has notified his decision to exercise his right of withdrawal, and no later than fourteen (14) calendar days of the communication. The delivered Products have to be returned to the following address: Meir 18, 2000 Antwerpen.
The Consumer has to return the Product by safe means of transportation in order to ensure that the Product arrives in good condition. The return shipment can only be done by manner of an authorized carrier. We strongly recommend you to insure your return shipment to the extent that you are responsible for the care of the items and will be responsible for any damage caused until they are received at our warehouse. In case of dispute, we also recommend that you keep a proof of sending. In any case, the Consumer will bear all costs and risks of return. Udäv Krit may suspend the reimbursement until receipt of evidence by the Purchaser that the Products have been returned.
In addition, the Purchaser is liable for any diminished value of the Products resulting from the handling of the Products beyond what is necessary to establish the nature, char¬acteristics and functioning of the products. Udäv Krit is entitled to charge the costs of the impairment in proportion to the repayment. This, however, only after Udäv Krit has repaid the initial purchase price to the Consumer.
The Consumer has no right of withdrawal if the above conditions are not met. In that case, the Products will be returned to the Consumer at the expense and risk of the Consumer. Udäv Krit commits to clearly communicate its motives to the Consumer.
8. Force Majeure
Force majeure exists if Udäv Krit is, wholly or partially, prevented to accomplish its obligations towards the Purchaser by circumstances beyond its control. In this case Udäv Krit is not obliged to fulfil its obligations. Udäv Krit may suspend its obligations for the duration of the force majeure.
The personal data provided by the Purchaser is necessary to process and complete the orders, and to draw up the invoices and guarantee contracts. If this information is missing, the order will inevitably be cancelled. Giving incorrect or false personal information is considered to be a violation of the present Terms of Sale. The Purchaser's personal data will only be processed in accordance with our Privacy Statement, which can be consulted here.
10. Intellectual property
Udäv Krit retains all intellectual property and other related rights with regard to the Website. These intellectual property rights include copyrights, trademarks, design rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. The Purchaser is not allowed to make use of any of our intellectual property rights and/or to make changes in the presentation of these rights as described in this article, unless this is necessary for private use of the Product.
11. Applicable law and court of competent jurisdiction
These Terms of Sale shall be governed and interpreted exclusively in accordance with Belgian law. All offers and Sales Contracts are governed exclusively by Belgian law. The applicability of the Vienna Sales Convention is expressly excluded.
In the event of any dispute regarding the execution or interpretation of these Terms of Sale, Udäv Krit will do everything in its power to find an amicable solution. In the absence of an amicable solution, the dispute may be submitted to an arbitration and mediation center (such as CEPANI).
All disputes relating to or arising from offers made by Udäv Krit, or Sales Contracts concluded with it, will be submitted to the courts of the judicial district Antwerp.
As a Consumer, you can also submit a dispute regarding the Terms of Sale to an independent dispute resolution body.