General terms & conditions

GENERAL TERMS & CONDITIONS WEBSHOP “CRYOSPLASH” (FACIAL CARE, ACCESSORIES) - EFFECTIVE FROM MAY 31, 2025

COMPANY INFORMATION
CryoSplash – NBA
Prinsboudewijnlaan 7, 2970 Schilde
hello@cryosplash.com
VAT BE0768648784
IBAN BE74 0689 4160 6107

Article 1: General Provisions

1.1 In these terms and conditions of CryoSplash - NBA, with registered office in Schilde, the company is hereinafter referred to as CryoSplash and its customers/buyers/resellers as the customer.
1.2 This version dated 31 MAY 2025 supersedes all previous versions of CryoSplash’s General Terms and Conditions.
1.3 All agreements concluded between CryoSplash and the customer are subject to these general terms and conditions, unless explicitly agreed otherwise in writing. The customer’s own general terms and conditions shall never be applicable and are deemed null and void with respect to CryoSplash. The customer is presumed to have taken note of and accepted CryoSplash’s general terms and conditions.
1.4 In addition to these general terms, specific additional terms may apply depending on the circumstances of certain transactions or services. These additional terms form an integral part of these general terms and conditions.
1.5 Any customer making a purchase from CryoSplash in any way, or entering into a repair agreement, must accept these general terms and conditions. Each order is governed by the version of the general terms that is in force at that time on the website and/or order confirmation, to the exclusion of any older or newer provisions.
1.6 By placing an electronic order, the customer explicitly confirms their acceptance of these general terms and conditions.
(Example of acceptance procedure: ticking the checkbox “I unconditionally accept the General Terms and Conditions.”)
Anyone placing an order declares to have read and accepted CryoSplash’s general terms. An electronic order without this acceptance is technically impossible (except in case of fraud), so these conditions are always binding on the customer. The sales conditions also apply to any reservation or order placed via the webshop.
1.7 The buyer explicitly declares that they are of legal age. CryoSplash reserves the right to cancel the purchase if it appears that the buyer is underage. In such case, a compensation note will be drawn up equal to the costs incurred by CryoSplash.

Article 2: Quotations

2.1 All quotations are provided without obligation.
2.2 Price indications and prices on websites do not constitute binding offers.

Article 3: Conclusion of Agreement

3.1 Each agreement is made in writing and is only final after acceptance of these general terms, the prices and the description of the goods or repair services. Commencing execution of the agreement also constitutes confirmation.
3.2 CryoSplash undertakes to process orders placed on the site as long as stocks last and within the limitations set out in these conditions.
3.3 CryoSplash reserves the right to refuse orders in cases of strong suspicion of legal abuse or bad faith, unacceptable commercial purposes, or if the stock of a particular item is exhausted.

Article 4: Graphic Materials, Images and Content - Product Description

4.1 All images, videos, tutorials, technical specifications, descriptions, compatible items or products and similar data are intended to provide as accurate a representation as possible of the product or service. They do not grant any right to compensation and/or dissolution of the purchase.
4.2 The above product descriptions are provided as truthfully as possible. Price listings apply only to the items as literally described. Associated photos are decorative and may include items not included in the price.
4.3 All information developed by CryoSplash under Article 4.1 remains the property of CryoSplash and may not be copied, reproduced or used in any way without written permission.
4.4 In case of infringement of these provisions, CryoSplash is entitled to claim compensation of €1,000 per day for each day the unlawful user continues to use such data.

Article 5: Pricing

5.1 All prices on CryoSplash websites are in EURO and always include VAT for end users and exclude VAT for resellers. Shipping costs are not included in the displayed prices. Levies such as Recupel, Bebat, Reprobel or Auvibel are always included.
5.2 Shipping costs are charged for orders under €45 incl. VAT. For orders of €45 incl. VAT or more, shipping is free. Current shipping fees are listed on CryoSplash’s website.
5.3 If after a return the order value falls below €45 incl. VAT, the initial shipping cost will be deducted from the refund.
5.4 Certain prices/offers may be time-limited, which will be indicated alongside the price.
5.5 Prices are valid while stocks last.

Article 6: Shipping

6.1 Unless agreed otherwise, CryoSplash determines the shipping method, in accordance with the fees under Article 5.2.
6.2 When shipping to an address provided by the customer, the customer is responsible for receiving the goods. If not, the delivery is stored at the carrier or returned to CryoSplash at the customer’s risk.
6.3 For collection from a pickup point, a valid ID must be shown. Without it, the products cannot be handed over.

Article 7: Delivery Period

7.1 Agreed delivery periods or start/end dates of works are given for information only and do not bind CryoSplash. Delay can never justify dissolution of the agreement or any penalty or compensation. The statutory maximum delivery period is 30 calendar days, unless agreed otherwise with the customer. If exceeded, the customer has the right to cancel the agreement free of charge by written notice.

Article 8: Payments

8.1 Payment is always made electronically via the payment methods offered on the webshop. Each order is payable immediately upon conclusion of the agreement.
8.2 Payments always settle the oldest fees, interest and invoices, even if the customer references a different invoice.
8.3 If the invoice is not paid by the due date, an interest of 12% per annum is owed on the outstanding amount without prior notice.
8.4 In case of late payment, compensation of 10% of the outstanding amount, with a minimum of €25 per invoice, is due, without prejudice to the principal sum, interest, collection, reminder and legal costs.
8.5 In case of non-payment, CryoSplash has the right to suspend any agreement or delivery to the customer without notice, without the customer being entitled to compensation or dissolution of the agreement.
8.6 Repairs under warranty or promotions do not entitle the customer to defer or partially pay invoices.
8.7 If CryoSplash must refund any amount to the customer, the same fees under Articles 8.3 and 8.4 apply.

Article 9: Retention of Title

9.1 Until full payment of an invoice, including any interest and costs, the goods and services charged on that invoice remain the property of CryoSplash.
9.2 The customer is not permitted to dispose of, rent out, or pledge the goods without CryoSplash’s prior written consent.
9.3 At CryoSplash’s first request, the customer must make the goods available to CryoSplash and hereby irrevocably authorizes CryoSplash or its appointed agents to enter the location where the goods are kept in order to retrieve them.
9.4 CryoSplash transfers ownership of said goods to the customer only once all obligations have been met, without prejudice to other claims CryoSplash may have. The customer must provide any cooperation requested by CryoSplash under penalty of €500 per day of non-compliance.
9.5 Goods or parts under repair or warranty remain or become the property of CryoSplash until outstanding claims are settled.
9.6 The customer undertakes to inform third parties as necessary about this retention of title, such as in the event of attempted seizure of unpaid items.
9.7 All risks after delivery—including theft, moisture damage, breakage, etc.—are borne by the buyer, even if payment has not yet been completed.

Article 10: Complaints

10.1 Non-conformities or visible defects must be reported at the time of pickup or delivery, under penalty of forfeiture. Complaints regarding invoices must be sent by registered mail within 8 calendar days from the invoice date, with a clear description. After this period, CryoSplash considers its obligations fulfilled, and the customer is deemed to acknowledge the performance/invoice as correct.
10.2 Complaints never entitle the customer to suspend payment of an invoice.
10.3 If CryoSplash deems a complaint justified, it may at its discretion:
 10.3.1 Revise and adjust the invoice,
 10.3.2 Deliver an equivalent alternative, or
 10.3.3 Take back the goods, dissolve the agreement, and credit the invoice.
10.4 The customer must allow CryoSplash the opportunity to remedy defects or propose another solution.
10.5 Returns are always at the customer’s expense and risk. Returns are only accepted after written approval by CryoSplash and must be sent by the customer to CryoSplash’s address in original packaging and condition.
10.6 If an order initially qualified for free shipping (≥ €45 incl. VAT), but after a return falls below that amount, the original shipping cost will be deducted from the refund.
10.7 Repairs cannot be returned for credit. In case of defect, the repair must be resubmitted.

Article 11: Warranty Provisions

11.1 CryoSplash carefully develops its products to offer optimal quality. In the event of problems, the following warranty conditions apply:
11.2 The statutory 2-year warranty applies to consumer sales, covering only non-conformities present at delivery. During this period, CryoSplash will replace or repair the defective item or part free of charge. CryoSplash may exchange the item if repair costs are disproportionate or repair is impossible. Defects appearing more than 4 weeks after delivery are presumed not to have existed at delivery, unless proven otherwise by the customer.
11.3 Errors, defects, or shortcomings shown by the customer and attributable to CryoSplash will be rectified as soon as possible or taken back for credit if rectification is impossible.
11.4 Consumables are not covered by warranty unless expressly agreed in writing.
11.5 The customer must return goods under warranty at their own cost and risk, always accompanied by a copy of the purchase invoice and/or a correctly completed form.
11.6 Goods under warranty are not credited unless they cannot be replaced or repaired.
11.7 The warranty expires in the following cases:
 11.7.1 The product was neglected.
 11.7.2 The product was modified by the customer or a third party.
 11.7.3 A repair was handled or altered by a third party.
 11.7.4 Inappropriate or careless use, incorrect installation, physical damage, moisture damage, or other external factors.
 11.7.5 Improper or erroneous use of the product.
 11.7.6 Use of unsuitable accessories.
 11.7.7 If the customer used the product negligently in any other way, or tried to repair it themselves or through a third party.
 11.7.8 Software problems are never covered by warranty.
 11.7.9 Removal of serial numbers.

Article 12: Limitation of Liability

12.1 CryoSplash and third parties it engages for the conclusion or execution of any agreement are not liable for any damage arising from or related to the agreement suffered by the customer or any third party involved by the customer, directly or indirectly, regardless of the cause.
12.2 In any case, CryoSplash is never liable:
 12.2.1 For non-delivery or late delivery.
 12.2.2 For information in documentation, brochures, websites, quotes, etc.
 12.2.3 In cases of force majeure.
 12.2.4 If the customer has the product repaired by themselves or a third party, or through improper use.
 12.2.5 For business losses or consequential damages.
 12.2.6 For damage caused by software.
 12.2.7 For any kind of damage from data loss.
12.3 The customer shall indemnify CryoSplash against all third-party claims against CryoSplash.
12.4 These exclusions and limitations do not apply to damage resulting from intentional acts or gross negligence by CryoSplash.

12.5 CryoSplash takes the utmost care in the development and quality of its products. Nevertheless, use is always at the customer's own risk.
12.6 CryoSplash, nor any third parties engaged by it for the establishment or execution of any agreement, shall be liable for any direct or indirect damage, including bodily injury or allergic reactions, resulting from the use of the products, regardless of the cause, except in cases of intent or gross negligence by CryoSplash.
12.7 In particular, CryoSplash shall not be liable for:

• damage caused by improper, careless or inappropriate use of the product;
• use that does not comply with the enclosed manual or instructions on the packaging;
• ignoring warnings or recommendations regarding use (such as water temperature, duration or frequency of use);
• use in the case of existing skin injuries, skin conditions or medical sensitivities without prior advice from a doctor.
  12.8 The customer fully indemnifies CryoSplash against any claims from third parties for damage as described above.
  12.9 Warning:
  CryoSplash products are intended exclusively for cosmetic use on healthy skin. Do not use the products on wounds, active skin conditions or if you are allergic to cold or certain materials. In case of doubt or known medical conditions, always consult your doctor first. Follow the instructions for use strictly. Improper use may cause skin irritation or other physical reactions, for which CryoSplash accepts no liability.

Article 13: Force Majeure

13.1 If after concluding the agreement, CryoSplash is unable to fulfill it due to circumstances that could not reasonably have been foreseen at the time of agreement, this is considered non-attributable non-performance (force majeure).
13.2 Such circumstances include, but are not limited to, strikes, government measures, supply delays, export bans, riots, war, mobilization, transport impossibilities, import restrictions, negligence of CryoSplash’s suppliers/manufacturers or assistants, employee illness, defects in auxiliary or transport equipment, lockouts, or other labor disturbances, and events not reasonably insurable by CryoSplash.
13.3 In case of force majeure, CryoSplash has the right to suspend obligations or to dissolve the agreement wholly or partly, or to demand modification of the agreement to allow execution. CryoSplash shall never owe penalties or compensation. CryoSplash retains the right to payment for work already performed and costs incurred.
13.4 If execution is permanently impossible or if the temporary impossibility lasts more than six months, either party may dissolve the agreement without the customer being entitled to compensation.

Article 14: Dissolution of Agreement

14.1 If the customer fails to fulfill their obligations to CryoSplash, or in the event of bankruptcy (filed or declared), judicial reorganization (WCO), an offer of arrangement to creditors, seizure of assets, sale or liquidation of (part of) their business, death, guardianship or temporary administration, or loss of control over their business, any claim CryoSplash has becomes immediately due without notice.
14.2 In such cases, CryoSplash may by written notice, without prior default or judicial intervention, suspend or dissolve the agreement wholly or partly without owing any termination compensation.
14.3 CryoSplash remains entitled to claim damages from the customer and to take back delivered goods.
14.4 If the customer wishes to dissolve the agreement, they must first put CryoSplash in default in writing, allow a reasonable period to still fulfill obligations or remedy shortcomings, precisely describing them.
14.5 The customer cannot dissolve the agreement wholly or partly or suspend obligations if they themselves are already in default.
14.6 In partial dissolution, the customer cannot cancel performances already rendered, and CryoSplash retains the right to payment for completed work.

Article 15: Right of Withdrawal

15.1 Under Articles VI 47-52 of the Belgian Code of Economic Law, the consumer has 14 days to withdraw from the contract without stating reasons, free of charge.
15.2 This applies only to sales via the CryoSplash website, where there is no direct contact, constituting a “distance contract” under Article VI 45 et seq. of the Code. Otherwise, the customer cannot invoke this provision.
15.2.1 The buyer must be a consumer as defined by the Code.
15.2.2 The product is not custom-made, personalized, or specially ordered without stock.
15.2.3 The product does not involve audio/video recordings or software.
15.2.4 For sealed goods like skincare products or serums, the right of withdrawal does not apply once the seal is broken or other evidence of use is shown.
15.2.5 The product must be returnable without easily being damaged.
15.3 The customer may only exercise this right if they:
 15.3.1 Notify CryoSplash within 14 days with the request to withdraw and refund, providing proof of payment; refunds are made within 30 days of notice to an account designated by the customer.
 15.3.2 If already in possession of the product, return it within the same 14-day period at their own cost and risk, properly packed.

Article 16: Liability for Website Use

16.1 CryoSplash’s website provides general information to customers about products and activities. CryoSplash only has a best-efforts obligation for access, ordering, delivery or services.
16.2 CryoSplash may suspend or terminate the site at any time for maintenance, updates or any other reason, even without prior notice.
16.3 CryoSplash cannot be held liable for inconvenience or damage caused by internet use, system failures, hacking, viruses, or third-party content or actions, or any case of force majeure.

Article 17: Privacy Protection

17.1 CryoSplash reserves the right to collect customer data for internal use, both directly through data provided upon registration/order and indirectly through cookies, newsletter sign-ups or booking requests.
17.2 Under the Act of December 8, 1992 on Privacy Protection, the customer may at any time view, amend or delete their data if they no longer wish to receive information on CryoSplash’s activities. To do so, they can contact CryoSplash.
17.3 The full privacy and cookie policies can be consulted at www.cryosplash.com.

Article 18: Intellectual Property

18.1 All parts of CryoSplash’s websites, including technology used, are the exclusive property of CryoSplash and protected by copyright. Photos, texts, etc. may never be copied, reproduced or distributed without written permission from CryoSplash. Users with their own websites who wish to link to CryoSplash’s homepage—even for personal use—must request explicit authorization.

Article 19: Disputes

19.1 All disputes are governed by Belgian law and subject exclusively to the jurisdiction of the courts of the judicial district of Antwerp, where CryoSplash’s registered office is located. If any provision conflicts with Belgian law, the remaining provisions remain fully in force. The terms can be sent free of charge upon the buyer’s request and are also available online under “General Terms.”
19.2 In case of a dispute, the consumer may also use the European online dispute resolution platform (ODR).

Disclaimers

This information is provided for educational purposes only and does not constitute medical advice. Always consult a doctor or specialist if you have any doubts.

The CryoSplash™ facial bowl is inspired by cryotherapy but is not a medical device. Its use is intended as a refreshing beauty ritual that offers a stimulating sensation for the skin. No healing or medical effects are guaranteed.