Product selection

The buyer selects their product(s) under their own responsibility and with full knowledge of the facts.
Libinvest Cosmetics S.A. cannot be held liable for the erroneous choice and use by the buyer.

2. Order

When the buyer validates their order, they acknowledge having read the general terms and conditions of sale and expressly declare that they accept them without reserve.
Libinvest Cosmetics s.a. confirms the acceptance of the order to the buyer at the e-mail address provided by the latter. The sale shall only be concluded upon confirmation of the order. Libinvest Cosmetics s.a. reserves the right to cancel any order from a buyer with whom there is a dispute regarding the payment of a previous order.

3. Price

All our prices are in euros, including the applicable Belgian VAT of 21%. These prices include the cost of the products, handling, packaging, and preservation fees.

4. Payment method

Only the following payment methods are accepted:

• Cash on delivery if pickup at Libinvest is possible
  Cosmetics, Rue de la Princesse 19, B-7130 Binche.
• Payment by credit card, debit card and/or bank transfer. By choosing one of these payment methods, the buyer must
  pay the total amount of the order and the fees of
  delivery, before the dispatch of the goods.
• Payment by bank transfer will be made in euros to the bank account number of Libinvest s.a. and will reference the order number mentioned in the confirmation email as the communication.

Bank details:
BNP Paribas Fortis
IBAN: BE96 2710 0930 9305
BIC: GEBABEBB

Upon receipt of payment, Libinvest Cosmetics s.a. will process the buyer's order.

5. Delivery

Delivery is made to the address specified by the buyer, upon receipt of payment.
The package is delivered, against signature, to the destination address.

5.1 Delivery times

Belgium: 3 business days
France, Luxembourg, Netherlands, Germany: 5 to 7 business days

5.2 Delivery fees incl. VAT

Belgium: €7 | free from €70
France, Luxembourg, Netherlands, Germany: €20 | free on orders over €150

5.3 Absence upon delivery

In the event of absence at the delivery address, B Post will leave a delivery notice for the buyer, who will be able to collect the package according to the options offered by B Post (direct collection at the post point indicated on the delivery notice, or requesting a second delivery attempt at the delivery address by phone).

After 3 delivery attempts, the package will be returned to Libinvest Cosmetics s.a. Libinvest s.a. will not resend the order to the buyer and only the value of the products will be refunded, with the shipping costs remaining the responsibility of the buyer.

Libinvest Cosmetics s.a. cannot be held liable in the event of:

• Delivery delay
• Package returned due to inability to deliver to the address of
  destination
• Refusal to accept the shipment at destination
• Incorrect delivery address data
• Carrier strike
• Events beyond the control of Libinvest Cosmetics s.a.

In the event of a lost package, an investigation will be requested by Libinvest Cosmetics s.a. with the carrier. If after 21 days the package is not found, it will be considered lost. After this 21-day period, Libinvest Cosmetics s.a. may proceed with reshipping the order to the buyer.

5.4 Receipt of the package by the buyer

Upon receipt of the package, the buyer is required to inspect it and immediately report any potential damage to the carrier. Where applicable, the buyer has the right to refuse delivery and must notify the carrier in writing.

6. Right of withdrawal, returns and refunds

In accordance with Article 47 of the Belgian Law of April 6, 2010 on distance contracts, the buyer has a maximum period of 14 calendar days after receipt to cancel their purchase. Return shipping costs are the responsibility of the customer and the shipping costs of the initial order are non-refundable.
The returned product(s) must be new, unopened, unused, and in their original packaging, including the protective envelope. Returned products travel at the buyer's risk. Any damaged product will not be eligible for a refund. Only products meeting the aforementioned conditions will be refunded by bank transfer;

7. Privacy

In order to process the registration of their order and delivery, the buyer is requested to provide personal information.
Libinvest Cosmetics s.a. respects the privacy of its buyers and the information collected is used solely for internal commercial purposes. Under no circumstances will this information be transmitted to third parties.

8. Intellectual property

The content of this site is protected by national and international intellectual property law. The cited trademarks are registered trademarks. The elements comprising this website (trademarks, graphics, logos, texts, slogans, images, videos, and any other work) are the property of Libinvest Cosmetics s.a. or, where applicable, of third parties who have authorized Libinvest Cosmetics s.a. to use them. In accordance with the laws governing intellectual property rights, any reproduction of all or part of this site, by any means whatsoever, is strictly prohibited without prior authorization.

9. Dispute

Any dispute arising in connection with these terms and conditions shall be governed exclusively by Belgian law. In the event of any difficulty in interpreting these terms and conditions as translated into other languages, the parties shall refer to the French version, which alone shall be deemed authentic. Only the courts of the judicial district of Charleroi shall have jurisdiction in the event of a dispute.

These general terms and conditions of sale may be modified at any time by Libinvest Cosmetics S.A. without prior notice.

Version 01/2015.

These general terms and conditions of sale, together with the specific terms contained in the agreement concluded by the parties, govern the contractual relationship between the buyer and Libinvest s.a. and/or between the buyer and Ophethom s.a. (Libinvest s.a. and Ophethom s.a. hereinafter referred to as the «seller»). In the event of a conflict, the specific terms shall prevail. Any departure from these terms must be the subject of a written and express agreement by the seller, signed by the representative of both parties. The application of the buyer's general terms and conditions is expressly excluded hereby, which the buyer accepts or shall be presumed to have accepted.

1. Purpose of the Contract

The seller sells to the buyer, under the conditions stipulated in its catalog, the equipment and/or consumables referenced as follows, as presented in said catalog (paper and/or electronic format).

2. Order and Order Acceptance

Any order placed in any form whatsoever with the seller entails ipso facto, through the signing by the buyer of a purchase order, the acceptance of these general terms and conditions of sale. The buyer expressly declares that they have [inspected/evaluated] the equipment and/or consumables subject to the sales contract and thereby acknowledges that they have no recourse against the seller to be satisfied for any reason whatsoever regarding the sale.

3. Price and down payment

Our prices are quoted in euros, net and exclusive of VAT. Shipping and handling charges may be added to these prices, unless otherwise agreed upon between the seller and the buyer. The final prices are those in effect on the date the purchase order is signed and listed in the currently valid catalog. Unless otherwise specified in writing in the special terms agreed upon by the parties, the buyer agrees to pay the seller, on the date the purchase order is signed, a down payment equal to 5 % of the value of said order. The balance shall be payable by the buyer to the seller no later than eight days following delivery of the equipment and/or consumables.

4. Delivery Times

All deliveries are deemed to have been made at the time they leave our facilities. Delivery times are provided for informational purposes only. The seller shall not be held liable for delays beyond its control, and no claim for damages or compensation of any kind may be made for late delivery. Goods are always shipped at the buyer’s own risk, even when shipped with free delivery.

5. Force Majeure

Cases of force majeure automatically exempt the seller from any obligation to deliver. In addition to situations that are considered by law to be cases of force majeure, the following events also constitute cases of force majeure: strikes, inclement weather, shortages of materials or transportation, plant takeovers, fire, and machinery breakdowns.

6. Shipping Costs

Any order totaling more than 275.00 euros net (excluding VAT) shipped to Belgium and Luxembourg will be delivered free of charge to the buyer’s address. Any order below this amount will incur an additional charge of 30.00 euros toward shipping costs. Any order shipped to other European countries totaling more than 400.00 euros net, excluding VAT, will be delivered free of charge to the buyer’s address. Any order below this amount will incur an additional charge of 40.00 euros toward shipping costs.

7. Complaint

Upon pickup or delivery, the goods will be inspected and approved by the buyer. At the time of pickup or delivery, the seller shall in no event be bound by any verbal or written statement or commitment made by its delivery personnel or agents. In the event of a complaint regarding deliveries or services, the complaint must be communicated to the seller by certified mail within eight days of delivery. After this period, the delivery will be considered accepted and the complaint deemed unfounded.

8. Waiver or cancellation

When the sale has been concluded on the condition that the buyer obtains a loan or lease from an approved institution, the buyer agrees to take all necessary steps to obtain such a loan or lease from the institution of their choice within a period of 1 month from the date of signing the agreement. Orders will not be sent to production until the seller receives notification, via certified mail, that the buyer’s financial institution has approved the loan or lease. In this case, the delivery time will be calculated from the date of receipt of the registered letter. If the requested loan or lease is denied by the said institution, the buyer must notify the seller by registered letter, sent no later than the eighth day following the expiration of the one-month period mentioned above. In the absence of such notification, upon the expiration of this eight-day period, the loan or lease shall be deemed to have been granted, and the agreement shall take effect. In this case, the seller reserves the right to enforce the contract or to cancel it while retaining an amount equal to 50 % of the down payment made on the day the purchase order was signed, as lump-sum damages, without prejudice to the seller’s right to demand compensation for the actual damages incurred. The seller may require proof of the alleged refusal. Similarly, any request to cancel a binding sale, after the expiration of an eight-day period from the date the purchase order was signed, shall result in the withholding of 50 % of the down payment made by the buyer.

9. Payment Terms

All our invoices are always payable in Binche, in full and without discount. Any invoice unpaid by its due date shall automatically accrue interest at a rate of 1 % per month, without prior notice. In the event of nonpayment, a lump-sum penalty of 10% shall be due on the amount of the unpaid invoice, with a minimum of 200.00 euros, without prejudice to the seller’s right to claim compensation for the actual damages incurred. Furthermore, failure to pay a single invoice by its due date shall render all other invoices immediately due and payable, even if they are not yet due. Invoices must be disputed by the buyer within eight days of the invoice date by certified mail. After this eight-day period, the invoice is considered irrevocably accepted. The issuance or acceptance of a promissory note or any other form of payment by our customers does not constitute a waiver or novation of these General Terms and Conditions of Sale.

10. Transfer of Ownership

Ownership of the goods sold will not be transferred until the purchase price has been paid in full. The transfer of risk occurs upon the conclusion of the contract, or, if the sale involves goods of a specific kind, at the time the ordered goods are shipped to the buyer. The buyer must therefore take out all necessary insurance to cover these risks and agrees to list the equipment for which title has not yet been transferred as a separate line item on the asset side of its balance sheet and to ensure that such equipment can always be identified individually. As long as ownership has not been transferred, the buyer is expressly prohibited from selling the goods, leasing them, pledging them as collateral, otherwise disposing of them, or making any changes to them that would diminish their value. In the event that we notify the buyer of our intention to invoke the retention-of-title clause, any down payments made shall be retained by us as compensation for the use of the sold goods, without prejudice to the seller’s right to claim compensation for any actual damages incurred. In the event of an unauthorized resale, the seller shall be automatically subrogated to the rights of its contracting party against the final buyer. The buyer agrees to protect the seller’s rights and to notify the seller in the event of seizure or any other infringement of the goods.

11. The Buyer’s Contractual Obligations

If the buyer fails to perform a contractual obligation (such as non-payment of one or more invoices), fails to comply with any of their obligations, or if there is a serious change in the buyer's status (such as insolvency, incapacity, or any other similar and well-known event), the seller reserves the right to suspend the performance of their services and to terminate the sale without prior formal notice and without judicial intervention. In this case, the seller reserves the right to retain as damages an amount corresponding to 50 % of the down payment made upon signing the contract or purchase order, without prejudice to the seller's right to claim compensation for the actual damage suffered. For the same reasons, the seller may demand immediate payment of any claim the seller may have against the client or require guarantees. If the buyer does not comply with the seller's request, this will be considered a default of a contractual obligation by the buyer.

12. Right of Publicity

Unless the seller provides written authorization, the buyer is prohibited from using any visuals, illustrations, or photos from the catalog, documents, or brochures published by the seller. Any use not subject to prior approval will result in legal action and a claim for damages by the seller and/or the owner of the image rights. The seller’s materials and visuals may be distributed by the buyer only for the purpose of presenting and promoting the equipment and/or consumables to the buyer’s own customers and within the predefined framework of the concept sold by the seller. The seller reserves the right to make any changes to the equipment and consumables presented in the catalog. Photos, illustrations, and captions are not binding and do not constitute a guarantee of results. The seller is authorized to use the buyer’s trade name or brand as a reference to the buyer’s status as a client of the company for the equipment and/or consumables ordered. This information may be used in any medium: catalogs, print materials, and online. The primary purpose of this information is to highlight the brand’s distribution points, with a view to ensuring the best possible promotion in the mutual interest of both parties.

13. End of agreement

If an agreement is terminated or cancelled for any reason whatsoever, all amounts owed under any title whatsoever by the buyer to the seller shall immediately and automatically become due and payable, regardless of whether or not they have already been invoiced. The seller shall always have the right – even in the event of insolvency proceedings affecting the buyer's assets – to set off all amounts that it can or may be able to claim from the buyer for any reason whatsoever against all amounts owed by it to the buyer under any title whatsoever.

14. Warranty

The seller warrants the goods against hidden defects and manufacturing defects for a period of 1 year from the date of delivery. The invoice serves as the warranty and must be retained during this period. The warranty is limited to the free repair or replacement of any defective part, provided that the seller has been notified immediately and that no third party has tampered with the goods. This warranty does not cover normal wear and tear of the equipment. All damages other than those to the purchased goods (including, but not limited to, loss of revenue and lost profits, and loss of profitability of the buyer’s employees) are expressly excluded from the warranty. The seller shall not be liable to the buyer for any obligation of result that the buyer may have communicated to its own customers, nor for any direct or indirect damages suffered, such as: personal injury or damage to property other than the subject matter of the sale. The buyer may not invoke any warranty from the seller other than that provided for in the agreement. All service calls are performed at our premises: 19 Rue de la Princesse, 7130 Binche, Belgium (in the event of a relocation of our premises, service calls will be performed at the new address). The buyer shall always be responsible for the delivery and return of the goods. If the repair is not covered by the warranty or if fees are due, the goods may only be returned after payment of the invoice for the repair has been received in our account. For each service call, administrative and travel expenses will be charged. The warranty will be suspended in the event of failure to pay in full for the equipment, failure to comply with the instructions for use, intervention by third parties, abnormal use or use not in accordance with the equipment’s intended purpose, failure to comply with storage, temperature, and humidity conditions, power supply issues, improper handling, lack of supervision, and, in general, any cause external to the item sold.

15. Seller's Liability

In the event that proof of the seller’s contractual or tortious liability is established, the damages for which the seller is liable may not exceed the amount of the contract, provided that damages due for a proven breach relating to a specific order may not exceed the amount of that order.

16. Dispute Resolution

Any dispute relating to the agreement concluded by the parties shall be exclusively governed by Belgian law. In the event of any difficulty in interpreting these conditions translated into other languages, the parties shall refer to the French version, which alone shall prevail. The courts of the judicial district of Charleroi shall have sole jurisdiction in the event of a dispute.

17. Validity of the General Terms and Conditions of Sale

The nullity or lack of validity (in whole or in part) of a clause of the general terms and conditions shall not affect the validity of the remainder of that clause or of the other clauses.