General terms and conditions of sale

• NameSPA3 SRL
• Registered officeRue de l'Ancien Bourg 12
  Braine-l'Alleud, 1420
• VAT numberBE 0780.418.547
• Emailcontact@ohbabyspa.be
• Websitewww.ohbabyspa.be

These general terms and conditions of sale represent all the clauses applicable to the offer of Oh Baby Spa, whose registered office is located at Rue de l'Ancien Bourg 12, Braine-l'Alleud, 1420, company number BE 0780.418.547, hereinafter referred to as “the Company”, for the attention of any potential buyer of products via the website www.ohbabyspa.be, hereinafter referred to as “the customer”. All correspondence with the Company is carried out at the aforementioned address or by email.

These General Terms and Conditions apply to any order placed by a visitor (hereinafter "Customer") of this e-commerce site www.ohbabyspa.be. When placing an order via the Company's online shop, the Customer must expressly accept these General Terms and Conditions, thereby accepting the applicability of these Terms to the exclusion of all other general terms and conditions. The Customer's additional general terms and conditions are excluded, unless expressly and previously accepted in writing by the Company.

All prices indicated are expressed in EURO, always including VAT and all other duties or taxes required from the Customer. If delivery, booking or administrative fees are charged, this will be indicated separately. We charge shipping and handling costs in addition to the price of your order.

The Company reserves the right to change these amounts at any time. Below this amount, a contribution to postage costs will be charged in addition. Shipping is done via Bpost.

The price statement refers exclusively to the items as described in words. The accompanying photos are for decorative purposes and may contain elements that are not included in the price.

Despite the fact that the online catalogue and the e-commerce site have been prepared with the greatest care, it is always possible that the information provided is incomplete, contains errors or is not up to date. Obvious errors or mistakes in the offer are not binding on the Company. The Company is only bound by an obligation of means as regards the accuracy and completeness of the information provided. The Company is in no way liable in the event of obvious material errors, typesetting or printing errors. The Company reserves the right to correct errors, even if an order has already been confirmed. In this case, the Customer has the right to choose to withdraw from the purchase or to confirm it at the corrected price or conditions.

If the Customer has specific questions about, for example, sizes, colour, availability, delivery time or delivery method, we ask the Customer to contact us in advance. The Customer can find the contact details on the aforementioned site. The offer is valid while stocks last and may be adjusted or withdrawn by the Company at any time. The Company cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

The characteristics of the products ordered by the customer can be consulted on the pages of the website. All products offered comply with Belgian legislation and the standards applicable in Belgium. The product photos are not part of the contract and are provided for information purposes only. Differences between the photo and the delivered product cannot give rise to the Company's liability, without prejudice to the right of withdrawal. The product range and prices are valid as long as they are visible on the site and within the limits of available stocks.

The product range remains valid while stocks last. In the event that the agreement cannot be performed because an ordered product is not in stock, the customer will be informed by email. The order will be cancelled and the payment will be refunded to the customer, at the Company's choice, to the customer's bank account. In such a case, no compensation may ever be claimed from the Company.

All products on the site can be purchased online. You can pay securely via our proposed payment methods. This is done via a secure SSL server that sends the credit card details securely. Payment must be made before delivery and is done via one of the payment options. The Company is entitled to refuse an order due to a serious breach by the Customer with regard to orders involving the Customer.

Placing an electronic order via the online shop does not create an agreement. An online purchase is only completed upon receipt by the consumer of the Company's confirmation email, even if it is received by the consumer in the “spam” inbox of their email account, and as soon as we have processed your payment transaction. If your payment is refused by the issuer of your card, we cannot be held liable for delivery delays and/or the non-delivery of your order. Orders without valid payment in the name of the registered cardholder will neither be accepted nor processed.

The Company reserves the right to request additional information about the consumer and their activities for the safety and security of the consumer, and failing that to refuse to perform the order. The Company is entitled, without giving reasons, to refuse orders, to adapt delivery methods, to split deliveries or to attach other conditions to delivery.

Shipping costs are indicated with each product. Deliveries are made only in Belgium. Other countries are not eligible for delivery. Delivery of digital gift vouchers is done by email or messenger. If the Customer has not received an email, the Customer should check spam emails or contact the Company.

Delivery of physical goods is carried out by Bpost. When the Company has received payment for your order, you will receive a confirmation email. When shipping your order, we will also send you an email with a tracking number. You can track your parcel on the Bpost website using this number.

Unless otherwise agreed, the goods are delivered to the delivery address indicated by the customer. If you are not at home at the time of delivery, Bpost will leave a note. With this proof, you can collect your parcel at the post office or at a pick-up point. When you have successfully completed all the ordering and payment steps and your order has been accepted by the Company, the Company will make every effort to deliver your order as soon as possible.

The Company aims to deliver within three to five working days. This delivery time is purely indicative. Exceeding the average delivery time cannot give rise to cancellation of the order, price reduction or compensation, provided the order is delivered to the customer within 30 days of the validation of the order. If the goods are not delivered 30 days after the order, the customer has the right to terminate the contract by simple notification to the Company. In this case, the customer will be refunded, unless the product is on its way to the customer.

Any visible damage and/or qualitative defect of an item or other delivery defect must be reported by the Customer to the Company without delay. The customer is required to inspect the delivered goods upon receipt. If the delivered goods do not comply with the agreement (wrong or under-delivered, and/or with an error or damage), the Customer must report this in writing to the Company by email immediately after delivery of the goods. The Customer must then return a wrongly delivered or damaged item to the Company immediately after receipt, indicating the defect.

The risk of loss or damage is transferred to the Customer as soon as they (or a third party designated by them, who is not the carrier) has physically taken possession of the goods. However, the risk is already transferred to the Customer upon handover to the carrier, if the carrier was mandated by the Customer to transport the goods and this choice was not offered by the Company.

The delivered items remain the exclusive property of the Company until full payment by the Customer. The Customer undertakes, where applicable, to inform third parties of the Company's retention of title, for example anyone who would seize items not yet fully paid for.

The provisions of this article apply only to Customers who purchase items online from the Company in their capacity as consumers. The Customer has the right to terminate the contract within 14 calendar days without giving any reason.

The withdrawal period expires 14 calendar days after the day of the conclusion of the contract or the day on which the Customer or a third party designated by the Customer, who is not the carrier, physically takes possession of the goods. You can then return your order without penalty or justification (this is done at your expense and preferably by registered mail) or bring it back to the shop.

The customer who wishes to make use of the right of withdrawal must do so in writing, sent to the Company by email with a clear description of the reason for the return and indicating the item number(s) and the order number before the expiry of the 14-day period. After the Company approves the return request, the Company will send the Customer a return form by email with which the Customer can return the product or return it to the shop. Only authorised returns can be processed.

In order to comply with the withdrawal period, the Customer must send their communication regarding the exercise of their right of withdrawal before the expiry of the withdrawal period. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the customer.

The Customer must return the goods to the Company without delay, but in any case no later than 14 calendar days from the day following delivery of the product. The Customer is on time if they return the goods before the period of 14 calendar days after the expiry of the delivery date. The direct costs of returning the goods are borne by the Customer.

The Customer is asked to return the items, together with the return form, or to exchange them in the shop (see art 9) in their original condition and packaging with all accessories, labels, instructions for use, including proof of purchase. If the returned product undergoes any loss of value, the Company reserves the right to hold the Customer liable and to claim compensation for any loss in value of the goods resulting from the Customer's use of the goods that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.

All returned items are carefully examined. The basic principle here is that the Customer may only inspect the item as they would be allowed to do in a shop. Returned items may be tried on but must not have been used. If an item has depreciated as a result of the Customer's use, this will be charged to the Customer.

If the Customer terminates the contract, the Company will refund the Customer all payments received from the Customer up to that point, with the exception of delivery costs, within a maximum period of 30 calendar days after the Company has received and approved the returned goods. The Company will refund the Customer by bank transfer.

The Customer may not exercise the right of withdrawal for:

Products that have been used, soiled or washed or that show signs thereof. Care and hygiene products whose protective packaging has been opened or unsealed, for hygiene reasons. Products with missing parts or accessories. Products whose visible labels have been removed. Products with an odour foreign to the shop (cigarette smell, body odour, pet smell, etc.). Gift cards are also excluded from the right of withdrawal.

Exchange in the shop takes place in the same way and under the same conditions as those set out in art 8. The product can be exchanged in our shop within 14 calendar days after receipt. It must be in its original condition and complete (packaging, accessories, labels…) and accompanied by a copy of the invoice and the duly completed return form. Incomplete, worn, destroyed, damaged or soiled products will not be exchanged.

Under the law of 21 September 2004 on the protection of consumers in the sale of consumer goods, the consumer has legal rights. This legal warranty applies from the date of delivery to the first owner. No commercial warranty affects these rights. Any problem or defect concerning the delivery of an item, damage or qualitative defect must be reported in writing by email within seven calendar days.

In the event of a claim or recourse under warranty, the consumer is entitled to a free repair or a free replacement of the defective product, unless this would be impossible or disproportionate or if it cannot be carried out within a reasonable time. In this case, the consumer is entitled to a price reduction or a (partial) refund. A solution is then sought with the consumer. An item with a recognised defect will be replaced or repaired free of charge.

To invoke the warranty, the Customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods. For items purchased online and delivered to the Customer's home, the Customer must contact Customer Service and return the item to the Company at their own expense. This in the manner described in art. 8.

The warranty (commercial and/or legal) never applies to defects resulting from accidents, negligence, falls, use of the item contrary to the purpose for which it was designed, non-compliance with the instructions for use or the manual, adjustments or modifications to the item, misuse, poor maintenance or any other abnormal or incorrect use. Defects that appear after a period of 6 months following the date of purchase, where applicable of delivery, are deemed not to be hidden defects, unless proven otherwise by the Customer. The warranty is not transferable.

The Company's customer service can be reached by telephone, email or post. Any complaint may be addressed to it.

Without prejudice to the exercise of the other rights available to the Company, in the event of non-payment or late payment, from the day of default, automatically and without notice of default, the Customer owes interest of 10 % per year on the unpaid sums. In addition, automatically and without notice of default, the Customer owes a fixed compensation of 10 % of the amount concerned, with a minimum of 25 euros per invoice. Notwithstanding the foregoing, the Company reserves the right to take back items that have not been (fully) paid for.

As data controller, the Company complies with the Belgian law of 8 December 1992 on the protection of privacy in the processing of personal data. The personal data you provide to us will only be used for the following purposes: such as, for example, the performance of the concluded contract, the processing of the order, the sending of newsletters.

You have a legal right of access and possibly of rectification of your personal data. Upon presentation of proof of identity (copy of the identity card), you can obtain free written communication of your personal data by means of a written, dated and signed request addressed to the Company. Where applicable, you can also request the rectification of data that would be incorrect, incomplete or irrelevant.

In the event of use of the data for direct marketing purposes: You can object free of charge to the use of your data for direct marketing purposes. You can always contact the Company for this purpose. We treat your data as confidential information and will not pass it on, rent it out or sell it to third parties.

The customer is responsible for the confidentiality of their login information and the use of their password. The Company keeps online traffic statistics in order to see which pages of the website are visited and to what extent. If you have any questions about this privacy statement, you can contact us by email.

When visiting the site, “cookies” may be placed on your computer's hard drive. A cookie is a text file placed by a website's server in your computer's browser or on your mobile device when you visit a website. Cookies cannot be used to identify individuals; a cookie can only identify a machine.

“First-party cookies” are technical cookies that are used by the visited site itself and that aim to make the site work optimally. E.g.: settings that the user made during previous visits to the site, or: a form pre-filled with data that the user entered during previous visits.

“Third-party cookies” are cookies that do not come from the website itself, but from third parties — for example a marketing or advertising plug-in, cookies from Facebook or Google Analytics. For such cookies, the site visitor must first give their consent — this can be done via a bar at the bottom or top of the site, referring to this policy, which does not prevent continued browsing of the site.

You can set your internet browser so that cookies are not accepted, that you are warned when a cookie is installed or that cookies are subsequently deleted from your hard drive. You can do this via your browser settings (via the help function). Bear in mind that some graphic elements may not appear correctly, or that you will not be able to use certain applications.

By using our website, you accept our use of cookies.

If a provision of these Terms is found to be invalid, illegal or void, this will in no way affect the validity, legality and enforceability of the other provisions. The Company's failure at any time to enforce any of the rights listed in these Terms, or to exercise any right hereunder, will never be considered a waiver of that provision and will never affect the validity of these rights.

The Company may amend these general terms and conditions of sale at any time. Any customer may at any time consult the general terms and conditions of sale on the site. As these general terms and conditions of sale are liable to change, the applicable terms are those appearing on the site on the date of the order.

The Customer accepts that electronic communications and backups may serve as evidence.

Belgian law applies, with the exception of the provisions of private international law relating to the applicable law. The courts of the Company's place of residence have jurisdiction in the event of a dispute. If a part of these terms and conditions, which form the agreement between the parties, were to be illegal or void for any reason whatsoever, this will not affect the validity of the other parts of the agreement, unless it cannot continue to exist without that clause.

Booking a treatment on the Site requires the payment of a deposit online via the secure Mollie B.V. platform. The amount of the deposit is specified at the time of booking, at the payment step (the booking may also be paid in full if the customer chooses the “full payment” option). Any remaining balance is due on the day of the appointment, on site, in cash, by Bancontact or by bank card.

The Customer's booking is confirmed by the sending of a summary email after confirmation of the deposit payment by Mollie. In the absence of effective payment, no booking is guaranteed.

Cancellation and rescheduling policy:

• The deposit is never refunded, in accordance with Article 6 of the Royal Decree of 18 July 2019 on booking services.
• If the Customer notifies the Company more than 48 hours before the appointment, the appointment can be rescheduled to a new date without loss of the deposit, subject to availability.
• If the Customer sends the Company a medical certificate covering the date of the appointment (by email to contact@ohbabyspa.be), the appointment can also be rescheduled without loss of the deposit.
• In the event of a no-show without notice or cancellation less than 48 hours before the appointment without a medical certificate, the deposit remains acquired by the Company as compensation for the reserved slot.

Attendance at the appointment: the Customer is asked to arrive at the exact time of their appointment (neither early nor late). Any delay of more than 10 minutes may result in a reduction of the treatment duration or its cancellation, with the deposit remaining acquired.

Promotional codes: promo codes and promotional zones are valid once only, cannot be combined with each other unless otherwise stated, and their application is automatic at the time of booking. No retroactive refund will be made for a code not applied at the time of payment.

Treatments not recommended / contraindications: in the event of medical doubt (fever, severe eczema, etc.), it is up to the Customer to inform the Company before the appointment. Certain treatments may be inadvisable and the Company reserves the right to refuse or modify the treatment for health reasons.

The Company offers gift cards of a free amount (minimum €30) or corresponding to a specific treatment, to be composed via the dedicated page of the Site.

• Period of validity: 12 months from the date of purchase. Beyond this, the card can no longer be used and the amount remains acquired by the Company.
• Delivery method: PDF email (free, instant) or gift box by post (+ €6.95, shipping within Belgium only, 3 to 5 working days). The delivery address is mandatory for sending the gift box.
• Use: the gift card can be used once only for booking a treatment via the Site or by telephone. If the amount of the card exceeds the price of the chosen treatment, the difference is neither refundable nor given as change.
• Non-refundable and non-exchangeable for cash: in accordance with Article VI.53 of the Code of Economic Law, gift cards are excluded from the right of withdrawal.
• Loss or theft: in the event of loss or theft of the gift card, the unique card number is required to invoke a possible replacement. The Company reserves the right to assess on a case-by-case basis.

All online payments (bookings, gift cards, shop products) are processed by Mollie B.V., a payment institution licensed by the De Nederlandsche Bank (DNB), registered office: Keizersgracht 313, 1016 EE Amsterdam, Netherlands.

Accepted payment methods: Bancontact, Visa, Mastercard, Maestro, Apple Pay, Google Pay, SEPA transfer. All payments pass through Mollie's secure servers (PCI-DSS level 1 certification). The Company at no time has access to the Customer's banking data.

Payment receipt: for each successful payment, a confirmation email containing the payment details is sent to the address provided. An invoice can be requested in writing at contact@ohbabyspa.be.

Refunds: in the cases legally provided for (unilateral cancellation by the Company, technical failure, etc.), the refund is made via Mollie to the Customer's original payment method, within a maximum period of 14 calendar days.