Terms and conditions of sale

GENERAL TERMS AND CONDITIONS

Article 1. Identification and Contact Details

LULU NAILS SRL, with its registered office located at Rue du Chêne, No. 216, 4100 Seraing, and registered with the Crossroads Bank for Enterprises under the number (BE) 0741.380.797 (hereinafter: "LULU NAILS", "we"), is a company specialized in the sale of manicure and nail care products for hands and feet to its clients (hereinafter: the "Client", "you") via its website www.lulunails.be (hereinafter: "the Site").

LULU NAILS provides customer service available from Monday to Friday from 9:00 AM to 4:00 PM and can be contacted:

Article 2. Definitions

  • "Client": the legal or natural person established or domiciled in the European Union and bound by these General Terms and Conditions who enters into a contractual relationship with LULU NAILS to purchase Products on the Site;
  • "Account" or "Client Account": the personal interface that a Client has on the Site, allowing them to purchase Products, access their personal space, and the features provided by this space, such as order history, billing and delivery information, etc.;
  • "General Terms and Conditions" or "Terms": these contractual provisions;
  • "Order": any purchase of a Product by the Client on the Site;
  • "Indirect Damages": indirect damages are the direct consequences of direct damages. Without being limited to this list, these damages include any financial or commercial harm, loss of clientele or savings, any increase in costs and other overheads, loss of profit, loss of brand image, any delay or disruption in project or activity schedules, loss of data and its consequences;
  • "Intellectual Property Rights": all patents, copyrights, rights to designs or models, rights to plans and architectural works, trademark rights, logos, trade names, trade secrets, know-how, sui generis rights to databases, and any other intellectual property rights (whether registered or not), and all applications of these rights worldwide;
  • "Force Majeure": in addition to the circumstances usually recognized by doctrine and courts, the following circumstances are considered Force Majeure cases: legislative and regulatory changes, fires, storms, floods, total or partial strikes, especially of postal services and transport and/or communication means, lockdowns, quarantines, epidemics and pandemics, natural disasters, terrorist acts, wars, power surges and electrical shocks, electromagnetic shocks, storms, solar radiation from solar eruptions, cooling system failures, and computer hardware failures, network blockages and slowdowns in electronic communication systems, viruses, cyber-attacks including denial of service attacks, and generally any unforeseeable event for the Parties;
  • "Party": refers to either one of the Parties;
  • "Parties": refers to the different Parties;
  • "Products": all goods available for sale on the Site;
  • "Site": LULU NAILS' website at www.lulunails.be.

 

Unless stated otherwise, plurals include singulars and vice versa, and the enumerations in the Terms are not exhaustive.

Terms not defined should be understood in their common sense.

The Terms are to be interpreted strictly.

Article 3. Purpose and Limitations of These Terms

LULU NAILS SRL is a company that offers its Clients via its Site a range of manicure and nail care products (hands and feet) (nail care products, nail polish, false nails, lamps and vacuums, files, grinders, brushes, decoration tools, etc.).

These Terms exclusively govern the manner in which LULU NAILS provides its Clients with Products on its Site.

They do not govern the services offered via the Site, namely appointment scheduling in the salon, services performed in the salon, and training. These services are subject to the general terms and conditions of the partners offering them, which we invite you to review.

Article 4. Acceptance and Modifications of These Terms

By creating an account, the Client expressly acknowledges having read these General Terms and Conditions, understood them, and accepted them without reservation.

LULU NAILS reserves the right to adapt or modify the Terms at any time, notably to account for any legal, jurisprudential, or technical developments.

The General Terms and Conditions applicable at the time of the Order will apply to the Parties. In other words, modifications will only apply to Orders placed after the said modification.

Article 5. Creating an Account on the Site

The Client must create an account in order to order Products on the Site.

When creating the Client Account, the Client guarantees that they are of legal age and have the capacity to contract.

When the Client creates their Account, they will also have access to their personal space as well as additional features (viewing purchase history, managing a wish list, managing the address book (billing/shipping), updating personal information and passwords).

The creation of an Account by the Client implies acknowledgment and acceptance of the General Terms and Conditions.

To create an Account, the user must provide various information (contact details, billing address, delivery address, etc.). Each Client is solely responsible for the information provided and its accuracy.

The Client is solely responsible for securing and maintaining the confidentiality of their Accounts, devices, passwords, and connection. They must ensure that their account is protected against any fraudulent use. This protection includes, notably, using a sufficiently complex, personal, and strictly confidential password. The Client must immediately notify LULU NAILS of any fraudulent use of their account.

LULU NAILS reserves the right to delete the Account of any Client who does not comply with these Terms and Conditions. Account deletion does not entitle the Client to any claims or compensation.

Article 6. Order

The Products offered are those listed on the Website, subject to availability.

Each Product is presented on the Website with a description provided by LULU NAILS, outlining its main technical characteristics (type of Product, content, composition, photograph, etc.). These descriptions are for informational purposes only and are not contractual.

The Client who wishes to place an Order on the Website declares that they are at least 18 years old and have full legal capacity or hold parental authorization to place the Order on the Website at the time of ordering.

By validating an Order on the Website, the Client fully accepts these Terms and Conditions, which the Client explicitly acknowledges having read before placing the Order by checking the appropriate box.

LULU NAILS reserves the right to refuse any order, at its sole discretion, notably for security reasons (hacked account), fraud (minor client), errors (unknown address), commercial transactions (purchasing for resale purposes, etc.), etc. If the Client places an Order in violation of the provisions of these Terms and Conditions, LULU NAILS reserves the right to claim damages from the Client.

Article 7. Price

The prices displayed on the Website are in euros, and unless otherwise explicitly stated, include VAT but exclude shipping, transportation, delivery, or postage fees.

LULU NAILS reserves the right to modify its prices at any time. The prices applicable to an Order are the ones in effect at the time the Order is confirmed. The new price will apply to orders placed after the price change.

Delivery fees are the responsibility of the Client and will be specified at the time of the Order, depending on the delivery country and the delivery method selected by the Client.

All orders must be paid in advance and in euros.

The Products ordered remain the property of LULU NAILS until the price (including delivery fees) has been fully and definitively paid by the Client.

Each order on the Website is confirmed by sending a confirmation email to the Client. This email contains a description of the Products ordered, the price, the payment method, the chosen shipping method, and these Terms and Conditions.

Orders can be paid for in several ways:

Online payments can only be made via bank transfers. The Client must indicate the order number as a reference/communication during the bank transfer. Payment is considered complete and the order will be validated only after the full amount has been received in LULUNAILS' bank account.

The payment checks are carried out by the Client's payment organization (bank). This organization guarantees the security of payments. The security of electronic fund transfers and the proper execution of payment orders are exclusively the responsibility of the aforementioned financial institution. LULU NAILS cannot be held responsible for any damage resulting from an error, omission, malfunction, or wrongful act not directly attributable to LULU NAILS. It is the Client's responsibility to review the terms and limitations of liability related to the payment services they use.

Article 8. Delivery

The delivery time for Products is specified during the Order process and in the confirmation email. This time is only calculated from the effective receipt of the Client’s payment.

These delivery times are given for informational purposes and are not binding on LULU NAILS. However, LULU NAILS will make all reasonable efforts to meet the stated deadline.

The Client acknowledges that the delivery of the Products is handled by an external provider and that delivery times depend on the chosen provider and the destination country. LULU NAILS cannot be held responsible for any delay caused by the external provider.

LULU NAILS currently delivers Products in Belgium and the European Union.

Shipping may be restricted to certain countries defined in the list during the order process and depending on the available delivery method.

Delivery is governed by the general terms and conditions of the external provider.

LULU NAILS cannot be held responsible for any delivery delays caused by the external provider responsible for this delivery.

The Client is solely responsible for the delivery data provided and must communicate all necessary information. If the information provided by the Client to LULU NAILS is incomplete and/or inaccurate, LULU NAILS cannot be held responsible for the inability to deliver the Product.

If, for any reason (absence, incorrect address, etc.), the Client does not receive the Product and it is returned to LULU NAILS, the cost of redelivery will be charged to the Client.

Products are subject to Belgian export laws and regulations. If customs fees or specific authorizations are required at the time of shipping, the Client is responsible for these costs and must ensure that the necessary authorizations are obtained in relation to the nature of the Products, their destination, or their use.

Article 9. Receipt and Claims

The goods are transported at the Client’s responsibility.

Any damaged product must be refused by the Client who is the recipient. The Client must have the damaged goods taken back by the carrier.

Under penalty of forfeiture, the Product must be inspected upon receipt to verify whether it corresponds to the Order made, and any defects and/or errors must be reported within the 14-day withdrawal period by email (info@lulunails.be) or via the withdrawal form available at any time on the Website. After this period, the Product is presumed to have been definitively accepted by the Client.

If an incorrect Product (i.e., one ordered by LULU NAILS by mistake) was delivered, the Client must report it to LULU NAILS by email (info@lulunails.be) or by phone (+32 499 84 08 50) within 14 days of receiving the Product, under penalty of forfeiture. LULU NAILS then offers to exchange or refund the Product in question. The returned Product must reach LULU NAILS within 14 days of notifying the defect, to the following address: Rue G.Baivy 16/1, 4101 Jemeppe, Belgium. At this time, LULU NAILS will proceed with the exchange or refund.

Article 10. Warranty

Products are guaranteed against apparent defects and non-conformities, subject to compliance with this article.

For consumers only, LULU NAILS guarantees the products it sells in accordance with the law of September 1, 2004, regarding the protection of consumers in the case of the sale of consumer goods (articles 1649 bis to 1649 octies of the Civil Code).

In accordance with legal provisions, Products are guaranteed against any non-conformity for a period of 2 (two) years, starting from the availability of the Product by LULU NAILS to the Client.

When a defect appears within 6 months of the delivery of the Product, it is presumed to have been present at the time of delivery. However, after this 6-month period, the Client must prove that the defect existed at the time of receipt of the Product.

The Client is required to report the defect, under penalty of forfeiture, within 2 months from the moment they become aware of it. No claims will be accepted after the expiration of the aforementioned periods.

If the product is used for non-private purposes, the following clauses related to the legal warranty for consumer goods do not apply. The product is presumed to be purchased for non-private purposes if the customer places the order on behalf of a company or provides their VAT number during the order process.

In the event of a lack of conformity, the customer has the right to choose, unless it is impossible or disproportionate, to demand the repair or replacement of the product from LULU NAILS, all within a reasonable time, and without major cost or inconvenience for the customer. If the customer is not entitled to repair or replacement of the product, or if LULU NAILS has not carried out the repair or replacement within a reasonable time or without major inconvenience for the customer, the customer has the right to demand an adequate reduction in the price or, in the case of a serious defect, the termination of the contract, excluding any claim for additional damages.

Any refund to the customer will be reduced to account for the depreciation of the products resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the products.

The warranty described in this article only covers defects of conformity existing at the time of delivery. The warranty excludes damages caused intentionally or by negligence and any product showing signs of tampering; similarly, the warranty does not apply to damages resulting from wear, transport, improper use, lack of maintenance, and/or failure to follow instructions in a user manual.

No application of the warranty can have the effect of extending its duration. When the warranty is invoked by the customer in the event of a product defect, the already elapsed period resumes upon the replacement or completion of the repair of the product.

Article 11. Right of Withdrawal

The customer has a 14-day period to withdraw from their order via the website without having to justify this decision and without penalty. This period begins when the customer physically takes possession of the product. After this period, LULU NAILS will no longer be able to accept returns.

Within this period, the customer wishing to exercise their right of withdrawal must notify LULU NAILS of their decision to cancel the purchase. This notification can be made using the return form available on the website or by email at info@lulunails.be or by any other means that clearly expresses the customer's intention to withdraw.

The products ordered must be returned within 14 days of the withdrawal notification to the address of LULU NAILS (rue G. Baivy 16, 4101, JEMEPPE, Belgium). The returned product must not have been used or handled in ways other than those necessary to establish the nature, characteristics, and proper functioning of the product. Otherwise, the customer's liability may be engaged to the extent of the depreciation of the products resulting from such handling. Therefore, orders returned by the customer exercising their right of withdrawal that are incomplete, damaged, soiled, or in any way altered by the customer will not be refunded, in whole or in part.

The burden of proof regarding the exercise of the right of withdrawal under this article is the responsibility of the customer. Furthermore, it is the customer’s responsibility to retain proof of shipment of the products, whether by post or any other method of their choice.

Within a maximum period of 14 days after the withdrawal notification or receipt of the returned product, or when the customer has provided proof of shipment of the product, LULU NAILS undertakes to refund the payment. The refund will be made by bank transfer to the customer’s account.

LULU NAILS only refunds the delivery fees paid by the customer if they selected the standard delivery method. In contrast, if the customer selected a different means of transport (e.g., express shipping at a higher cost), LULU NAILS will only refund the standard shipping costs. The customer, however, bears the direct costs incurred by returning the product, as well as the risks associated with the return.

In accordance with Article VI.53 of the Economic Law Code, the customer does not have the right to withdraw from the purchase of sealed goods that cannot be returned for reasons of health or hygiene protection and which have been unsealed after delivery.

Article 12. Data Protection

As part of the execution of the contract between the parties under these Terms, the customer's personal data is processed by LULU NAILS in accordance with applicable data protection legislation, including the European Regulation 2016/679 of April 27, 2016, relating to the protection of individuals with regard to the processing of personal data ("GDPR") and the Belgian Law of July 30, 2018, regarding the protection of individuals in relation to the processing of personal data.

This data is processed to enable the creation and management of your account on the site and to allow you to purchase products on the site. Therefore, the processing is necessary for the execution of these Terms.

This data is processed in accordance with our data protection policy available at the following address: Privacy Policy  , which is also attached to these Terms.

Article 13. Intellectual Property Rights

The site is the exclusive property of LULU NAILS. This intellectual property right covers the entire site and its content, design, interface, source code, texts, images, as well as the LULU NAILS databases, its software, its name, its brand, logo, domain name, graphic elements, and their assembly.

The customer may not, under any circumstances, copy, reproduce, represent, modify, transmit, publish, adapt, distribute, broadcast, sublicense, transfer, sell, on any medium, by any means, or exploit in any way, all or part of the elements protected by intellectual property rights held by LULU NAILS. Any exploitation, in any form, must be authorized in writing and in advance by LULU NAILS. Without such authorization, this use constitutes an infringement that may lead to civil and/or criminal proceedings.

Article 14. Liability

Unless otherwise provided by mandatory legal provisions, all commitments made by LULU NAILS under these Terms and Conditions are obligations of means.

LULU NAILS provides the Site as is, with all its imperfections and according to its availability. The Client acknowledges and agrees that computer and electronic communication systems are not free from defects and that service interruptions may occur.

The Client is also aware that a technical problem, such as a virus, a computer bug, or a malicious intrusion during the use of the Site, cannot be completely excluded. LULU NAILS disclaims any liability for any of these inconveniences or damages attributed to third parties such as, but not limited to:

  • absence, disruption, or slowness of the internal connection or a slow server or other infrastructure component,
  • external intrusion or presence of computer viruses transmitted via the internet or other means, and any resulting consequences on the server or any other element of the infrastructure,
  • phishing attempts (or any other technique),
  • information hijacking or theft,
  • computer crash,
  • partial or total, temporary or permanent, interruption of the Site due to a third party's actions.

LULU NAILS is also not liable for the content of third-party sites to which it links, especially regarding the protection of personal data.

LULU NAILS disclaims any liability:

  • in the event of any type of damage, whether physical or material, resulting from improper or improper use of the services or products provided by LULU NAILS;
  • in the case of Indirect Damages;
  • in case of Force Majeure;
  • in case of insufficient cooperation by the Client in the execution of these Terms and Conditions.

In any case, the liability of LULU NAILS remains limited to the amounts paid for Orders placed by the Client during the year.

The Client remains solely responsible for the information they transmit via the Site and for the consequences arising from it. LULU NAILS assumes no responsibility for the information provided by the Client during the creation of an Account and/or any other information entered via the Site by the Client. LULU NAILS disclaims any liability in case of loss and/or disclosure to third parties of the information provided by the Client via the Site.

This contract concerns the sale of manicure and nail application materials. The Client declares and guarantees that they possess the necessary skills, experience, legal authorizations (if applicable to their profession), and qualifications required for the proper and safe use of these materials and tools.

The Client expressly acknowledges that any difficulty, incident, or damage resulting from the use, maintenance, or handling of the Products is solely their responsibility. LULU NAILS cannot be held liable for any damages, losses, or consequences arising from the inappropriate, negligent, or non-compliant use of the Products purchased, whether the damage is caused to the Client, their property, or third parties.

Article 15. Miscellaneous Provisions

  • No act, behavior, tolerance, or omission by LULU NAILS shall be interpreted as a waiver, even partial, of their strict and full execution of the provisions of these General Terms and Conditions.
  • If any provision of these Terms and Conditions is found to be illegal, invalid, or unenforceable, in whole or in part, under any applicable law or court decision, such provision will be deemed not to be part of the General Terms and Conditions, without affecting the legality, validity, or enforceability of the rest of the Terms. Each Party will make its best efforts to immediately negotiate in good faith a valid replacement provision that will, as much as possible, maintain the economic balance and intent of the Parties as reflected in the removed provision.
  • With the Client's information, LULU NAILS may transfer the Terms or any part of it — including claims, debts, and related invoices, as well as the intellectual property rights addressed — to another company at any time.
  • LULU NAILS may use subcontracting to fulfill its services.
  • These Terms constitute the entire agreement between the Parties. They cancel and replace any previous agreement, whether oral or written.
  • Only deviations expressly agreed to in writing may alter the application of these General Terms and Conditions. Furthermore, it is expressly agreed that in the case of a conflict between the Client's General Terms and those of LULU NAILS, only the latter will prevail.
  • The Parties expressly agree to accept electronic documents as proof.
  • These Terms are written in French. Translations are provided for guidance and informational purposes. In case of a difference or contradiction between the Terms and their translations, the French version will prevail.

Article 16. Applicable Law and Dispute Resolution

The law applicable to these General Terms and Conditions, including their conclusion, interpretation, execution, resolution, and all related disputes, is Belgian law, to the exclusion of any other.

As far as possible, the Parties undertake to attempt to resolve in good faith any dispute related to the validity, interpretation, or execution of these Terms through negotiation.

Unless otherwise required by mandatory or public policy, any dispute arising from these General Terms and Conditions, including their conclusion, interpretation, execution, or resolution, will be definitively resolved through arbitration in accordance with the arbitration rules of the C.A.E. (Center for Arbitration of the Euregio).

For cross-border disputes, you may use the European Online Dispute Resolution Platform (ODR). This website is available for free in all EU languages. If you file a complaint through this site, LULU NAILS and you will need to agree on an alternative dispute resolution body to handle your dispute. Each body has its own rules and procedures, which may involve costs.