The company ASTRA NAILS SPRL, with its head office located in 1070 Brussels, Wolvenstraat 15, is manufacturer and distributor of products for natural and artificial nails.
Unless specified explicitly and by written agreement between both parties, the relationship between ASTRA NAILS and her customers will be subjected to the present general terms and conditions, of which it is assumed that they are accepted by the customer, even in the hypothetic case that they are conflicting with the customer’s own general or specific terms and conditions. ASTRA NAILS’s acceptance of an order or delivery without objection to the general or specific terms and conditions of the customer does by no means indicate that ASTRA NAILS is subjected to the concerned general or specific terms and conditions of the customer. The fact that the customer did not receive the present general terms and conditions in his/her own mother tongue does not mean that the customer is not subjected to them. The company’s general terms and conditions, as well as the ASTRA NAILS site, were solely edited for and adapted to customers located in Belgium, although they can be consulted worldwide. Customers located outside Belgium should realize that certain parts of the general terms and conditions are not applicable to them, hence that they can’t invoke them. However, this does not alter the validity of the general terms and conditions. ASTRA NAILS reserves to oneself the right to alter general terms and conditions from time to time, without notifying the customers. This action does by no means entitle the customers to any sort of damage claim. The customers should therefore regularly check the general terms and conditions for possible changes.
The offers and price-lists communicated to the customers are not binding. ASTRA NAILS is only committed in respect to the customer after her written or electronic confirmation or starting from the execution of the contract.
Orders can only be placed through the ASTRA NAILS site, by phone at the number 02/377 96 53 or by fax at the number 02/378 47 53.
Payment of orders placed by fax or phone or through the ASTRA NAILS site, only occurs cash and upon delivery, without discount. Payment of orders with a delivery address located outside Belgium can be performed through VISA or MASTERCARD credit cards, or through international bank transfer on the account with IBAN: BE50001509923218 and BIC bank code: GEBABEBBXXX. ASTRA NAILS guarantees confidential treatment of credit card numbers communicated to her in the frame of payments.
Invoices are also payable in Euros and without discount in the ASTRA NAILS warehouse located in 1600 Sint-Pieters-Leeuw. In that case, ASTRA NAILS reserves the right to refuse payment through check, bill of exchange or other values. Representatives of ASTRA NAILS are not entitled to cash payment of invoices nor are they allowed to deliver any kind of receipt. Non-payment of an invoice after its payment deadline produces by right and without further notice:
a) the lawful claim of all not yet expired invoices. For these invoices, the deadline for payment will be changed to the payment deadline of the first unpaid invoice. b) a raise of the due balance with a monthly interest of 1 %, whereby each commenced month will be considered an entire month. The due money will also, by right and without further notice, be raised with a sum equaling 15 % of the due balance, with a minimum of 125€, in quality of indivisible penal forfeit. c) the permission to suspend or abort all other operations. The possible granting of extension of time for payment does not mean that ASTRA NAILS will not apply the present general terms and conditions.
Normally, deliveries in Belgium will be carried out within 48 hours by TAXIPOST services providing that the order was placed before 11 AM, unless the article is not in stock, an event of force majeure has occurred or the dossier needs to be analyzed beforehand. In the absence of confirmation of the order before 11 AM, delivery will be carried out within 72 hours. Possible late deliveries will in no case confer the right to claim damages. Delivery costs amount to 15 € VAT excluded for any order worth less than 175 € VAT excluded; orders worth over 175 € VAT excluded and to be delivered in Belgium, are post paid. Orders worth less than 50 € VAT excluded will be charged with a supplement of 12,50 € VAT excluded for administration costs, on top of delivery costs. However, the customer may, if he so wishes, collect his order at the ASTRA NAILS warehouse to avoid having to pay administration costs. Postage for an extraterritorial delivery is entirely at the customer’s expense, regardless of the price of the order. Extraterritorial delivery costs will only be spent upon explicit request of the customer. ASTRA NAILS guarantees that the merchandise, which is delivered by a shipping company, is of good quality and shows no defect whatsoever. ASTRA NAILS guarantees that the merchandise is packed adequately before shipping, in accordance with the shipping company's regulations. ASTRA NAILS cannot be held responsible in case of damage to the merchandise during shipping. It is advisable that the customer takes out insurance to protect him- or herself against any kind of damage. Shipping and administrative costs for orders that have already been shipped and that are refused or cancelled by the customer will be charged.The expedition costs are totally at charge of the Agent or Distributor that have signed a distribution agreement.
All international orders are delivered EXW. Means that the international customers needs to organize the pick-up of the order and is from our warehouse totally responsible of its order. ASTRA NAILS doesn't guarantee any damages or losses that may occur during the total period of the transport.
As an exception to article 1583 of the Civil Code, ASTRA NAILS remains the owner of the sold items until the day of full payment of their sum total, including possible interests and/or compensations. The customer hereby grants the right to the seller to claim all sums owed to the customer by third parties. The customer relieves ASTRA NAILS from any service of writ and will bare all possible expenses related thereto. The customer also grants the right to ASTRA NAILS to repossess the goods, wherever they are. When and as necessary, the customer will allow ASTRA NAILS to enter the customer’s premises in order to repossess the goods.
Astra Nails provides electrical appliances against deposit, which is usually € 150.00, but may vary depending on the value of the device that is under repair. The deposit is used to cover any damage the customer may have caused to devices made available by Astra Nails. The deposit is used to cover the rental costs, which are estimated at 5 euros per month. The customer has a period of 15 days after being informed by one of the means of communication, to take back the device filed for repair. From this period, the customer expressly authorizes Astra Nails to deduct all sums due from its deposit to cover the costs of repair and rental of its devices or those made available by Astra Nails.
The customer will dispose of online help regarding the product he purchased from ASTRA NAILS. However, ASTRA NAILS invites the customers to first consult the manuals delivered with the product or to read the product information provided on the site, in order to allow ASTRA NAILS to focus on more complicated problems. The ordered products will neither be taken back, nor exchanged; only products presenting one or several defects will be exchanged. The customer will then be entitled to send the product back at ASTRA NAILS’s expense providing that the product is still in its original packing. If it isn’t, the package will not be accepted and it will be sent back to the customer. Color variations are sensitive to many external settings that Astra Nails can not handle. Color variations between site photos or labels can not be considered as a reason for exchange.
In respect to the role of intermediate fulfilled by ASTRA NAILS regarding certain products of the range, the guarantee offered for delivered goods always equals the guarantee provided by the manufacturer. Inasmuch as the general terms and conditions and their extent allow it, ASTRA NAILS will in any case limit her intervention to the replacement of the malfunctioning goods or the refunding of the paid price of the goods. Thus the customer does not have the right to claim supplementary damages. ASTRA NAILS will by no means take the responsibility for the manufacturer’s failure to meet his obligations regarding guarantee, notably in case of bankruptcy of the manufacturer’s company.
ASTRA NAILS is in no case responsible for loss or material as well as any other damage, incurred by the customer or third persons, resulting from transport, delivery, storage, placement, use of or putting into use of delivered goods. Without restrictions, this also means: damage to materials, premises, nail stylists clientele - or third persons - and their possessions, damage to the company or bodily harm.
When and as necessary, ASTRA NAILS will notify her customers of the fact that the ASTRA NAILS site may contain links or hyperlinks to other sites (the “linked sites”). ASTRA NAILS is free of blame regarding the content of a linked site or any product or service to be found on it. An operator totally unrelated to ASTRA NAILS manages the linked site.
Sales and delivery of goods by ASTRA NAILS do by no means entail a transferability of the intellectual rights related to them. These rights remain the sole property of ASTRA NAILS’s supplier and the customer commits himself not to violate them. Therefore, ASTRA NAILS bares no responsibility in case of possible infringements of possession, exercise or violation of intellectual rights for the delivered goods.
In the frame of mail-order sales to consumers in application of the law of July 14 1991, revised under the law of May 25 1999, the consumer has the right to notify the seller that he wishes to waive an acquisition, without fine and without having to give any reason whatsoever, within seven working days counting from the day after the delivery of the goods. This decision will only be in effect providing that the consumer has notified the seller through a recommended letter and that the goods are still in their original packing. Upon the exercise of this right, the consumer will have to send the goods back to ASTRA NAILS, any way he can, at his own expense and at his own risk. With “consumer” is meant: each natural person or corporate body that buys or uses products, offered for sale on the market, for non-professional purposes. Thus, this clause is not applicable to natural persons or corporate bodies that buy ASTRA NAILS products for professional use.
By placing his order via phone, fax or e-mail or on the Internet site of ASTRA NAILS, the customer explicitly grants his permission to ASTRA NAILS to process and use his personal information for internal management purposes within the company. With “internal management purposes” is meant: customer data management, processing of orders, deliveries, billing and services, solvency inquiries as well as marketing and publicity directed to his home address. The customer ordering by phone or through the ASTRA NAILS site, may at any given time request to consult, correct or remove his personal information, which ASTRA NAILS registered, upon simple written request directed to ASTRA NAILS’s head office. For supplementary information, the customer is invited to address the public list, kept by the Commission for the Protection of Privacy.
The customer commits himself not to sell, redistribute or export purchased products, unless he obtained the explicit authorization to do so beforehand. The customer may only sell to “consumers” those products that don’t require special training for their correct use. Only distributors licensed by ASTRA NAILS may sell products requiring special training in order to use them properly or may provide training classes in nail styling or other techniques or treatments in the ASTRA NAILS range.
The expiry or unenforceability of one of the conditions in the present text does not alter the other conditions, which remain fully valid. The concerned condition will remain applicable inasmuch as the law allows it.
Both parties accept the validity of electronic mail and fax as proof in the frame of their relationship.
Disputes related to the signature, the validity or the execution of the contract or of the present general terms and conditions shall exclusively be governed by Belgian law and will only be subjected to the Courts of Brussels.
The means of communication are telephone, mail, fax and mail.