Article 1: object
These General Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of cosmetic products, temporary tattoos, freckles.
Article 2: General provisions
These General Conditions of Sale (GTC) govern the sales of Products, made through the Company's websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who accepted them before placing an order:
- The Seller reserves the right to modify these conditions at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment of the order.
- The Customer declares to have read all of these General Conditions of Sale, and, where applicable, the Special Conditions of Sale related to a product or a service, and to accept them without restriction or reservation.
- The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs.
- The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committed.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Price
The prices of the products sold through the Internet sites are indicated in Euros including tax on the product description pages and excluding specific shipping costs. For all products shipped outside the European Union and / or DOM-TOM, the price is calculated excluding tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). As such, the Seller invites the buyer to obtain information on these aspects from the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Company's websites are the responsibility of the Customer. If applicable, also the delivery costs.
Article 4: Conclusion of the online contract (article 1127-1 of the Civil Code)
In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to place his order:
- Information on the essential characteristics of the Product
- Choice of Product, if applicable, of its options
- Indication of the essential contact details of the Customer (identification, e-mail, address))
- Acceptance of these General Conditions of Sale
- Verification of the elements of the order (double-click formality) and, if necessary, correction of errors.
Before proceeding with its confirmation, the Buyer has the option of checking the details of his order, its price, and correcting any errors, or canceling his order. Confirmation of the order will constitute the formation of this contract.
Then follow the instructions for payment, payment for the products, then delivery of the order. The Customer will receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it.
The customer will have the opportunity during his ordering process to identify any errors made in entering data and correct them. The language proposed for the conclusion of the contract is the French language.
The terms of the offer and the general conditions of sale are sent by email to the buyer when ordering and archived on the Seller's website.
The archiving of communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information can be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. For the purposes of successful completion of the order, the Customer undertakes to provide truthful identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the purchaser on the company's websites, as well as, where applicable, the mode of use of the product. In accordance with article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or any other appropriate process, of the prices and the special conditions of sale and of the execution of services before any conclusion of the sales contract. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, this one not including the shipping costs invoiced in addition. These possible costs are indicated to the Buyer during the sales process, and in any event at the time of confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and to its activities in the context of this sale. The Seller undertakes to honor the Customer's order within the limit of stocks of available Products only. Otherwise, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller will reimburse the customer.
The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the Natural Freckles have no contractual value. The period of validity of the Product offer as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless there are special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address provided).
Article 6: Compliance
In accordance with article L.411-1 of the Consumer Code, the products and services offered for sale through these GTCS meet the requirements in force relating to the safety and health of persons, the loyalty of commercial transactions and consumer protection. Regardless of any commercial warranty, the Seller remains liable for any lack of conformity and hidden defects in the product.
In accordance with article L.217-4, the seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging and the instructions for use when this has been charged to it by the contract or has been carried out under its responsibility.
In accordance with the legal provisions regarding conformity and hidden defects (art. 1641 c. Civ.), The Seller reimburses or exchanges products that are defective or do not correspond to the order. Refund can be requested by sending us a photo of the defective product. The refund will be made as soon as possible.
Article 7: Terms of delivery
The products are delivered to the delivery address that was indicated when ordering and within the deadlines indicated. These times do not take into account the time taken to prepare the order. In the event of late delivery, the Customer has the option of terminating the contract under the terms and conditions defined in Article L 216-2 of the Consumer Code. The Seller then reimburses the product and costs go under the conditions of the provisions of articles L216-3 and L241-4 of the Consumer Code. The Seller provides a point of contact indicated in the order confirmation email in order to follow up on the order. The Seller recalls that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations regarding the delivered product. The Customer therefore recognizes that it is the carrier who is responsible for making the delivery and has no recourse in warranty against the Seller in the event of failure to deliver the goods transported.s.
Article 8: payment
Payment is due immediately upon ordering. The Customer can pay by payment card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or in the event that it is impossible to debit the card, the Sale is automatically terminated and the order canceled.
Article 9: withdrawal period
In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days of the date of receipt of his order. The right of withdrawal can be exercised by contacting the Company firstname.lastname@example.org . If the right of withdrawal is exercised within the aforementioned period, the price of the product (s) purchased and the shipping costs will be reimbursed, with the return costs remaining the responsibility of the Customer. Product returns are to be made in their original condition and complete (packaging, accessories, instructions); they must be accompanied by a copy of the proof of purchase. In accordance with legal provisions, you will find below the standard withdrawal form to be sent to us at the following address: 17 rue Alfred Roll, 75017 Paris. Refund procedure: Once the product has been received, we will check that the product is in its original condition. Once the verification is complete, we will proceed with the refund..
Article 10: Guarantees
In accordance with the law, the Seller assumes the guarantees of conformity and relating to hidden defects of the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order made. The refund request must be made by sending an email email@example.com.
Article 11: Complaints and mediation
If necessary, the Buyer may submit any complaint by contacting the company using the following contact details (indicate contact details and procedure).
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, consumers are informed that they can use a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.
In the event of failure of the complaint request to the Seller's customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will independently attempt to bring the parties closer together. with a view to obtaining an amicable solution.
Article 12: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of Natural Freckles. No assignment of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 13: Protection of personal data
In accordance with Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller sets up a processing of personal data which has for purpose the sale and delivery of products and services defined in this contract. The Purchaser is informed of the following: the identity and contact details of the controller and, where applicable, of the representative of the controller - the legal basis for the processing: contractual performance - the recipients or categories of recipients personal data, if they exist: the controller, his departments in charge of marketing, the departments in charge of IT security, the department in charge of sales, delivery and ordering, the sub - contractors involved in delivery and sales operations as well as any authority legally authorized to access the personal data in question the retention period of the data: the time of the commercial prescription - the data subject has the right to ask the controller access to, rectification or erasure of personal data, or restriction of processing relating to the person data subject, or the right to oppose the processing and the right to data portability - The data subject has the right to lodge a complaint with a supervisory authority - the information requested when ordering is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, otherwise the order cannot be placed. No automated decisions or profiling is implemented through the ordering process.
Article 14: Applicable law and clauses
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale transactions referred to therein, will be subject to French law.
Article 15: Consumer information
For consumer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. acquired, or would have given only a lower price, if he had known them.
Article 1648 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity.
Article L. 217-4 of the Consumer Code: The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to it by the contract or has been carried out under its responsibility.
Article L. 217-5 of the Consumer Code: The good complies with the contract if it is suitable for the use usually expected of a similar good and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
Article L. 217-12 of the Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the goods.
Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, condition covered by the warranty, any downtime of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.