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Section 1. Preamble
1.1.Legal Notice

The general sales conditions (GSC) and the contractual relationships between Couleurs de Noir and the buyer are submitted to the laws of Belgium. In case of a pending litigation, parties will try to reach an amicable solution before commencing any legal action.
Edited by the company Pharma More, Limited Liability Company (PLC), with the intra communal VAT number : BE 0831 762 330, with head quarters at 9000 Gent, Apostelhuizen 105, bus 204, in Belgium.
Contact:info@lescouleursdenoir.com
We welcome you on our website: lescouleursdenoir.com
We ask that you read the general sales conditions added hereby thoroughly which explains the navigation on the website and also our trade relations in case of an order. If the buyer is a minor, the authorization of at least one of the parents is mandatory or of his/her legal guardian to proceed with an order and/or proceed with the purchase regulation.
Any order for a product in the website requires consultation and the express acceptance of the GSC notwithstanding the absence of a signature.

The order is possible if and only if, Les Couleurs de Noir accepts it, in this case an order will not be accepted especially in cases whereby there is pricing error, absence of the regulation of anterior purchases and in the case of remand or loss too often adjudicated by the articles by Les Couleurs de Noir.

Following the legislative dispositions and the relevant and related regulation on electronic signature (law dated 9th of July 2001), we remind buyers that the validation of the order form is as it is described in the GSC; comprises an electronic signature that has, between the parties, the same value as a handwritten signature. This signature is proof of the entirety of the order and the eligibility to claim the due sums for the above mentioned order.

In the context of GSC, it is agreed that the purchaser that navigates the website and/or makes an order, designates (defines) the identified brand in the legal references here above. The purchaser and Les Couleurs de Noir will be collectively denominated parties and an individual denominated party as well. Finally we point out that the purchaser has the right to save or to print the General Sales Conditions, on condition he/she does not modify them.

1.2. Definitions

Les Couleurs de Noir: this term defines the company Pharma More Belgique Sprl, with its headquarter at 9000 Gent, Apostelhuizen 105, bus 402, ECB/VAT 0831 762 330.
Product(s) this term defines the commercialized cosmetic products by les Couleurs de Noir and are proposed for selling on the website.
Purchaser: this term defines  the counterparty, the physical person and non-professional, who has made an order of one or more product(s) on the website.
The website: this term defines  the internet Website of Les Couleurs de Noir (lescouleursdenoir.com) on which the products are offered and sold to the purchaser. The website is established by One.com
Offer: this term defines  the purchase-agreement made between les Couleurs de Noir and the purchaser.
Party/Parties: this term defines jointly or individually the purchaser and/or Les Couleurs de Noir.

1.3. Purpose / Article

The goal of these general sales conditions is to define the conditions and arrangements with which Les Couleurs de Noirs proposes to work for the distribution of its products to the purchaser via its website: lescouleursdenoir.com
In other words: every order of products on the website induces an approval without withdrawal and a preliminary enrolment of the purchaser with the GSC, except particular conditions left out by Les Couleurs de Noir.

The purchaser must read thoroughly the GSC before placing any order.
The general sales conditions are only valid for the sale of products on the website. It is effective starting from 30th of March 2016 and can be amended at any time by Les Couleurs de Noir. The relevant GSC will be those conditions accepted by the purchaser the moment the order goes through the order website system.

Section 2. Dispositions for the product sale on the website
2.1 Purchase conditions

The offered online products of Les Couleurs de Noir are only meant for adults (or minors if they have the authorization of a legal guardian who gave them the permission to place on order on the website) and who can cope with placing orders on the website.

We wish to reserve the right to ask the purchaser:

proof of the identity and the age
authorization of the above-mentioned legal representative

We reserve the right to not follow up an order and/or or to delete from our database, each purchaser that has refused to respond to one of these demands above-mentioned or who mind the principles set in the clause.

The products are meant for personal consumption of the purchaser, and by no means he/she may have any link to this business or having a professional activity in the same domain nor any resale. For this purpose, the purchaser may not exceed the amount of 500Euros per order. The same purchaser may not exceed the limit of two orders per day. In the event of a higher above-mentioned amount and/or exceeding more than 2 orders per day, the order will be brought back to zero.

2.2. Availability

The purchaser can take notice about the characteristics, ingredients and active ingredients of the product(s) he wishes to order on the website. Moreover, our Customer Service can offer you personal and professional advice in order to help the purchaser as much as we can to do the right purchase.

To contact the Customer Service, do not hesitate to click on the link.
If the purchaser validates his/her order and one or more wished product(s) are not available after doing the purchase online, he/she will receive a partial order. The amount for the unavailable products will be refunded within a time limit of maximum two weeks, starting on the day the purchaser has been informed about the unavailability of the concerning product(s).
In the case of unavailability of a product you will be informed:

Whether according to the validation of the order and before the delivery, by email within 48h.
The purchaser is not allowed to cancel his/her order, even if it is a partial order. The partial order is despatched and delivered to the client at the delivery standard rate. The delivery rate can be found in Section 2.3 Prices, stated below.

The price of the product in the order which is not available will immediately be deducted from the amount of the order. The price share that corresponds with the non-available product(s) will be refunded to the purchaser within a time limit of two weeks starting on the notification of the non-availability that has been transmitted to the purchaser (according to the way of payment of the purchaser).

2.3. Prices

The prices are indicated in Euros and British Pounds ( …) all taxes are included (ATI) and are valid in the European Union. They also take into account the possible discounts as well as the V.A.T., applied starting on the day of the order except for important modifications of possible costs and in particular the ones for the VAT.

The indicated prices do not take into account the delivery costs that will be also invoiced.
The costs and the mode of delivery depends on the region where you live.
The promotions in the method of a discount coupon or promo codes are valid for only one order per household and  or a period explicitly mentioned. The promotions cannot be combined with other ongoing discounts. Online order promotions are only valid as long as they are published on the website: lescouleursdenoir.com
Les Couleurs de Noir reserves the right to modify the prices. However, all the products will be invoiced based on rates that are applied at the moment of validation of the order (if they are available at that moment concerned).

2.4. Advice et comments of cybernauts

Les Couleurs de Noir would also like to know your vision on the range of its products. This is why we created a tool where we can hear your opinion. Furthermore you can also take advantage of the advice, recommendations and users reviews before buying a product on the website.
This advice and recommendations can by no means be a contractual element of Les Couleurs de Noir. These opinions are merely customers opinions. They will not be paid or rewarded in case of a change of beneficial opinions.

Article 3. Order modes : Registration and validation
3.1. Ordering products

The cosmetic products placed for sale on the website lescouleursdenoir.com are the ones that are shown on the website, on the day of the consultation of the website by the purchaser and within the limit of the available stock (cfr Section 2.2. availability of the products).

When the purchaser clicks to validate his order, it constitutes an electronic signature that has the same value as a handwritten signature. This click and also the acceptance of the CGV (conditions….) and the warranty (checkbox) establish a final and irrevocable approval for the order of the buyer.

The order will be considered as final after the sending of the confirmation of the sale by Les couleur de Noir and the perception of the brand of the entirety of the price. Les Couleurs de Noir advises at all times for customers to save the order confirmation which could be useful in case any problems occurs.

Nevertheless, les Couleurs de Noir reserves the right to cancel each possible order in case of litigation or other legitimate reason.

In accordance with the Section below, the buyer has a right  to rescind the order, without penalties and without the need of giving reasons within 2 weeks starting on the next day of the delivery of the products by Les Couleurs de Noir.

To make a purchase online the purchaser needs to go to the website and needs to make several personal inquiries in order to know how to place an order.
The purchaser can then learn to know the different products offered by Les Couleurs de Noir. The purchaser can consult in the website products that are for sale:

By characterising the name of the desired product in the search engine
By navigating through the different product ranges in the main menu
By selecting the tab “products” in the main menu and then;
All products consequently gives access to the collection of the offer
By browsing through the homepage

The purchaser can order by clicking on the ”add to my cart”. He can always consult and check the number of articles in his purchase basket by navigating through the website at any time. It is noted that the shopping cart is subjected to an expiration time.

The shopping cart may revoke some products of an order

The names of the selected products;
The unit price and the quantity of each product;
Any possible discount on the order;
The total amount of the order.

There is also a mode to update your shopping cart

Once he/she is satisfied with the products in the shopping cart, the purchaser can order them by clicking on “proceed to order” in the website or he/she can go on with his/her purchases on the website. If he/she decides to order something, a new page will open by inviting the purchaser to fix his/her order by completing or checking following different aspects:

If he/she is already a client, he/she can identify himself/herself by logging on;
Enter a promo code if needed;
Fill out the needed invoice details: first name, surname, address….;
Details of the order;
Determining the payment mode: with Paypal

The purchaser has to fill out correctly all details on the disposed form. The purchaser accepts that all information he/she gives to Les Couleurs de Noir and are stored in the information system are correct and evinces his identity. We caution that all personal information are governed by the personal data policy.

After this stage of the order: the purchaser is asked to:

either click on the pay button of his/her order, following the GSC;
click to modify his shopping cart and/or his personal data information.

By clicking unto the pay button gives access to the payment of the order, the purchaser needs first of all to take note of the GSC and then to confirm his agreement with the GSC.

Once the purchaser confirms the acceptance of the GSC, he must proceed with the payment of his/her order following the described conditions mentioned in the GSC.

By choosing a purchase by cash card, the purchaser will be automatically directed to the electronic bank server of the recipient of the payment. The server of the recipient is subjected to a security system by encryption S.S.L (Secure Socket Layer) in order to protect all the information concerning means of payment as efficient as possible, and also in order to avoid that at no time and by no means the information of the cash card of the purchaser could be transmitted to the computer system of the salesman. Therefore, the responsibility of the salesman is discharged. The recorded data by the salesman comprise the proof of the collection of transmitted transactions between Les Couleurs de Noir and the purchaser.

3.2. Confirmation of the order.

An online order of products entails the following:

Firstly, the confirmation and summary of the order by email by Les Couleurs de Noir.
Secondly, the confirmation of the dispatch of the order by email by Les Couleurs de Noir.
Thirdly the delivery of the products by mail by les Couleurs de Noir to the indicated address, filled out on his/her order form at the moment of ordering.

3.3. Follow-up of the order

The purchaser can at all times track his/her order with the help of a code that he will receive by email. This code will enable him/her to track the order in which case the system operates independently from Les Couleurs de Noir.

3.4. Proof of the order

The purchaser can have access, according to the rules of common right, to the electronic contract, made between him/her and the brand Les Couleurs de Noir. Therefore he/she can contact the Customer Service to whom he/she can provide all the information the CS will need, such as the order number and his/her contact information.
The order is considered as “placed” on the website and the terms of sales and the warranty accepted once the purchaser has validated his/her payment. The recorded data by Les Couleurs de Noir and the payment provider establish the proof of the order.

3.5 Warranty and the after sales service

Les prix des Produits sont exprimés en euros/livres sterling et sont toutes taxes comprises (TTC), hors participation aux frais de traitement et d’expédition dont le montant forfaitaire pour une livraison standard à domicile pour tout montant d’achat se trouve à l’Article 2.3. Prix (ci-dessus).

Ledit montant forfaitaire sera appliqué et indiqué lors de la validation définitive de la Commande par l’Acheteur si le montant nécessaire pour bénéficier de la gratuité de la livraison n’est pas atteint, c.-à.-d. 30 ou 35 euros selon le pays de l’Acheteur.

Les Produits restent la propriété de la marque Les Couleurs de Noir jusqu’au paiement total du prix et des frais d’envoi par l’Acheteur.

Les offres promotionnelles sont valables tant qu’elles sont annoncées sur le Site et dans la durée d’application indiqué et qui leur est propre.

Section 5. Payment

The prices of the products are denominated in Euros/British Pounds and all taxes are included (ATI), except the treatment costs and forwarding charges whereof the lump sum for standardized home delivery for the whole purchase price falls within the above-mentioned article 2.3 Prices.

The reported lump sum will be applied and indicated once the order is completely validated by the purchaser, if the minimum amount needed to benefit from the free delivery is not reached, videlicet 30 or 35 Euros depending on the country of the purchaser.
The products stay in the possession of the brand of Les Couleurs de Noir until the entire amount and the forwarding charges have been paid by the purchaser.
The promotional offers are valid as long as they are advertised on the Website in the period of their application.

The rules of the order can be found online on the Website lescouleursdenoir.com. The purchaser has the the possibility to pay by bank transfer or via Paypal if orders are made via the website. If he/she decides to pay via this payment medium, he will be immediately redirected to the official Paypal website where he needs to fill out an email address together with the password of his/her own Paypal account. All inscriptions and bank transfers are free. In a few seconds, the payment will be effective and you will be automatically redirected to the Website of lescouleursdenoir.com that will confirm your transaction. The total amount of the order will be debited on the day of the order.
If your Paypal account is not credited in the amount of your order, it is also possible to pay online by bank transfer on the Paypal Portal. This way your bank details will be protected and will be kept confidential.

In all cases Paypal allows you safe and effective transaction in a few seconds. For more information, don’t hesitate to contact them on the website: “https://www.paypal.com/webapps/mpp/home
The order will only be validated by Les Couleurs de Noir from the moment the terms of sales (TOS) and the verification and confirmation of the validity of the payment have been accepted.

Les Couleurs de Noir reserves the right to cancel any order and delivery in case of non-payment or refusal of authorized payment by bank transfer commissioned by official bodies or institutions.

Les Couleurs de Noir reserves the right to cancel any order made by a purchaser who has not paid the entire amount/sum (or only a part) of a previous order or with whom there has been a payment dispute/litigation before.
In any case, Les Couleurs de Noir reserves also the right to refuse any order or delivery, e.g. :

exceeding the mentioned limits ……article 2.1. Purchase-agreement;
litigation with the purchaser;
Non-payment of an preliminary orders by the purchaser (totally or partially);
authorised refusal of payment by banking organisations
non-payment or partially payment

The brand Les Couleurs de Noir cannot be held liable of any misappropriation or any fraudulent use of method of payment that has not been detected during the verification procedure. The purchaser ensures Les Couleurs de Noir that he is disposing of the necessary authorisations to use his/her chosen method of payment of the order.
Any misappropriation or/and fraudulent use of a bankcard will not be reimbursed by Les Couleurs de Noir and it disclaim all responsibilities. Note that the product(s) remain the property of Les Couleurs de Noir as long as the order has not been entirely settled/paid fully.

Section 5. Dispatch and delivery of the order
5.1. Terms of delivery

The delivery of products is limited to the European Union.
The orders placed on the Website lescouleursdenoir.com will be delivered when there is confirmation of the dispatch. The delivery time of an order can vary from 1 til 5 working days. Sundays and bank holidays are thus not included. In any case the order will be always delivered within a maximum of 30 days, starting from the first day following the day on which the purchase order has been made.

To ensure products are received, signature is required  once delivered. If you are not available to receive the delivery, it will be rerouted to your local post office.

You will be charged with delivery costs, depending on the country you are located in. (follow….article 2.3 Prices). This contribution of delivery costs will be presented to the purchaser, if the amount of his/her order is higher than the specified amount, based on where it comes from. (cfr. article 2.3. Prices).

The delivery ends, when the package(s) are delivered to the address (only in the European Union), given by the purchaser at the time of the order. The products are transported at the risk of Les Couleurs de Noir until the delivery at the specified address, given by the purchaser at the time of order. From this point the purchaser will assume the risks.
Les Couleurs de Noir cannot be held responsible for the delay of delivery of the of the carrier.

Les Couleurs de Noir is not responsible for possible wrong delivery, due to error(s) in the address, an incomplete address, or wrong identity of the purchaser, given by the purchaser at the time of the purchase.
The delivery time is given as guidelines only. If the delivery time exceeds 30 days, starting from the confirmation of the order, the delivery can be cancelled by the purchaser and the amount concerned will be reimbursed to him/her.

Once the purchaser receives the order, he/she may:

formulate comments and complaints to the delivery person or refuse reception of the package(s) if it/they have been opened or damaged;
to report possible complaints/problems/comments to the CS by filling out the contact forms;
these comments and complaints have to be sent to the CS, at the latest 3 working days, starting from the day of the reception of the order.

If the purchaser does not comply with these three conditions, the order will be considered as accomplished in good condition. Any overdue and/or late objection will be rejected.

5.2. Delivery delay

The products will be delivered, starting from the confirmation of the dispatching of your order. The average delivery time of an order varies from 2 to 5 working days. Sundays and bank holidays are not included. The tracking link of your package(s) is available in your confirmation shipping email. By any notice of delay, don’t hesitate to contact our consultants by using our contact forms.
Les Couleurs de Noir is not responsible for any delay of delivery made by the carrier.

Section 6. Right of retraction

Once the purchaser receives the package(s), he/she disposes of a delay of 14 days after delivery, to send back the non-used product(s), in good state and undamaged, in its original package(s) and with the purchase order to the following address

Pharma More BVBA – Les Couleurs de Noir
Service clientèle
Apostelhuizen 105 bus 402
9000 Gent
Belgique

The purchaser needs to send back the purchase order in order to enable Les Couleurs de Noir to identify him/her by specifying the reason for return and his/her wishes: exchange or reimbursement. This enables Les Couleurs de Noir to reimburse the purchaser. If the return decision appeared to be a mistake made by Les Couleurs de Noir (the received products are not complying with those of your order or the package(s) has/have been damaged), the shipping costs will be reimbursed as well. If it does not concern an error made by Les Couleurs de Noir, the purchaser will be charged with the return costs.

The products bought online cannot be reimbursed nor exchanged with an authorised distributor.. In the same way, the products bought from an authorised distributor cannot be returned via the online system. As far as concerns a product offered by a third party (if the product is not convenient to you or is damaged), you have to send it back under the same conditions. The product(s) will be nevertheless paid back to the purchaser. The account of the bankcard used for the payment of the order will automatically credited within 2 or 3 days, following the necessary terms.

If the products are sent back later than the deadline of 14 days, starting from the day of the reception of the order, the order will be definitive and no reimbursement can/will be effected.

Les Couleurs de Noir commits himself to reimburse the purchaser the total amount of the paid sum. The same method of payment will be used by les Couleurs de Noir to reimburse the purchaser, within a period of 14 days after the return of the product(s). The reimbursement of that sum can nevertheless be postponed until all the product(s) has/have been sent back to Les Couleurs de Noir.

Download here the retraction form.
Please contact the CS for all additional information about the retraction of the purchaser.

Section 7. Legal assurances

The purchaser is benefiting from the legal guarantee for every lack of conformity at the moment of delivery of his/her product(s).
The purchaser is entitled to a guarantee:

If he did not know or was not supposed to be informed about this lack when the contract has been made;
If the lack occurred after a period of two years after the date of delivery.

In that case the purchaser can claim a reparation or a replacement. If none of these two solutions is possible, he can get a discount or he has the right to cancel the contract, based upon artic. 1649 bis de la code Civil belge. The purchaser needs to write Les Couleurs de Noir within 2 months, starting from the day the fault has been noted. If the default appeared within 6 months, starting from the day of delivery, the brand Les Couleurs de Noir needs to prove that this default did not exist at the moment of the delivery. After a period of two years, the purchaser cannot claim the reparation or the replacement of his/her product(s), unless otherwise specified on the Website. Products that have an expiry date, lasting less than 2 years, are only under warranty for the duration of their normal life.

Section 8. Application of the law & Competent Jurisdiction – Proof.

The general terms and conditions of sale and also the sale of the products of Les Couleurs de Noir are in accordance with the laws of Belgium. To reach any consensus, any relative litigation of the contracts between Les Couleurs de Noir and the purchaser will be solely handled by the concerning courts, where the purchaser is residing. As far as purchasers located in Belgium are concerned, the courts of Brussels will be exclusively competent.

Section 9. Personal information

The individual and personal information that is collected as part of the sales online is mandatory. As a matter of fact, this information is needed for a good processing, for the delivery of the order and the making of the invoices. This information is confidential and is only used by Les Couleurs de Noir or its subcontractors as part of the processing of the orders. Mind that the purchaser has a right of access, modification, correction and suppression to his/her personal data. For this purpose he can connect to the Website of lescouleursdenoir.com, he can identify himself and can modify the information on his/her profile. The purchaser has the right to subscribe to the Newsletter of Les Couleurs de Noir. The information derived from his preferences are confidential and are will be only used by Les Couleurs de Noir.

Les Couleurs de Noir can use cookies on its Website Lescouleursdenoir.com. Nevertheless, the user can always set face against the recording of these cookies, by using the configuration of his/her computer.

Section 10. Intellectual Property

The Website Lescouleursdenoir.com is an intellectual work of the mind, protected by the Right of Intellectual Property. Each element of it (brand name, slogans, logos, images, illustrations, texts and videos) are private property of the brand Les Couleurs de Noir. Les Couleurs de Noir is the only authorised entity that has the right to use the rights of its intellectual property and the only one that has rights on the personality that are related with it (except if there is authorization of its side).

Every reproduction of the Website or a copy of one of its characteristics is forbidden. Every person or entity that wants to make a reproduction or representation of it, needs to ask Les Couleurs de Noir for authorization. Les Couleurs de Noir is a registered trademark and protected by the company Pharma More.
Each person or entity (ab)using the name without any authorisation will be prosecuted by penalties.