Article 1 - Fields of Application
These general conditions "GTC" express all the obligations of the parties. They apply without restriction or reservation to all sales made by the seller to non-professional buyers
In this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the website www.maevaghennambeauty.com and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to fail, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
These general conditions of sale are valid until 12/31/2021.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website www.maevaghennambeauty.com
These conditions only apply to purchases made by buyers located in France and delivered exclusively on French territory. For any delivery outside France, you should send a message to email@example.com
These purchases concern all of the products offered on the website: www.maevaghennambeauty.com
The buyer declares to have read these general conditions of sale and to have accepted them before his immediate purchase or the placing of his order. In this regard, they are enforceable against it in accordance with the terms of Article 1119 of the Civil Code.
Article 3 - Pre-contractual information
The buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221- 5 of the Consumer Code.
The following information is sent to the buyer in a clear and understandable manner:
- the essential characteristics of the good or service;
- the price of the good or service;
- all additional costs of transport, delivery or postage and all other possible costs;
- in the absence of immediate execution of the contract, the date or the deadline at which the service provider undertakes to deliver the goods or perform the service, whatever its price;
- information relating to the identity of the service provider, his postal, telephone and electronic contact details, and his activities, those relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, to the existence and the terms of implementation of guarantees and other contractual conditions.
The seller communicates the following information to the buyer:
- its name or corporate name, the geographical address of its establishment and, if it is different, that of the registered office, its telephone number and its e-mail address;
- the terms of payment, delivery and performance of the contract, as well as the terms provided by the professional for handling complaints;
- in the event of a sale, the existence and the procedures for exercising the legal guarantee of conformity provided for in Articles L. 217-1 et seq. Of the Consumer Code, the guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code, as well as, where applicable, the commercial guarantee and after-sales service respectively referred to in Articles L. 217-15 and L. 217-17 of the Consumer Code;
- the duration of the contract, when it is concluded for a fixed period, or the conditions for its termination in the event of a contract of indefinite duration.
The seller indicates, with regard to digital content:
- any relevant interoperability of this content with certain hardware or software of which the professional is or should reasonably be aware.
Article 4 - The order
The buyer has the possibility of placing his order online, from the online catalog and by means of the form which appears there, for any product, within the limit of available stocks.
In case of unavailability of an ordered product, the buyer will be informed by email.
It is up to the buyer to select on the site the products he wishes to order, according to the following methods: once the buyer has clicked on the "Add to cart" button, the product is added to the account of the Buyer. When the buyer has finished his selection, he clicks on the "my basket" tab, a summary page then appears indicating the total and the number of products in the basket. Shipping costs are calculated automatically according to the number of products and the weight.
In order for the order to be validated, the buyer must accept, by clicking on the place indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final:
- after sending the buyer confirmation of acceptance of the order by the seller by email;
- and after receipt by the seller of the full price.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, including default of payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
The cancellation of the order for this Product and its possible refund will then be made, the rest of the order remaining firm and final.
For any questions relating to the follow-up of an order, the buyer must contact the support service by email at the following address: firstname.lastname@example.org
Article 5 - Electronic signature
The online supply of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:
- payment of amounts due under the order form,
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noted, to contact the support service by email at the following address: email@example.com
Article 6 - Order confirmation
The seller provides the buyer with a copy of the contract, on a durable medium, confirming the express commitment of the parties.
Article 7 - Proof of the transaction
The computerized registers, kept in the computer systems of the seller under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.
Article 8 - Product information
The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.
Article 9 - Price
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment of the full price must be made when ordering. At no time may the sums paid be considered as a deposit or down payment.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change could be reflected in the selling price of the products.
The price is payable in full and in a single payment when ordering the product, according to the following terms: Visa credit card, Mastercard, American Express
Article 10 - Method of payment
It is an order with obligation of payment, which means that the placing of the order implies a payment by the buyer.
To pay for his order, the buyer has his choice of all the payment methods made available to him by the seller and listed on the seller's site. The buyer guarantees the seller that he has the necessary authorizations to use the method of payment chosen by him, when validating the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by bank card from officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. . The seller has put in place an order verification procedure to ensure that no one is using another person's bank details without their knowledge.
As part of this verification, the buyer may be asked to send the seller by fax or email a copy of an identity document as well as proof of address. The order will then be validated only after receipt and verification by the seller of the parts sent.
Payment of the price is made in cash when ordering, as follows:
Visa, Mastercard, American Express credit card
Payments made by the buyer will only be considered final after actual receipt of the sums due by the seller.
Article 11 - Product availability - Refund - Resolution
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in Metropolitan France, the deadline is 30 working days from the day following that on which the buyer placed his order.
In the event of failure to comply with the agreed delivery date or deadline, the buyer must, before terminating the contract, order the seller to perform it within a reasonable additional period.
In the absence of performance at the expiration of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract will be considered as terminated upon receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime.
The buyer may however immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.
In accordance with Article L. 242-4 of the Consumer Code, when the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased:
- the legal interest rate if the reimbursement is made no later than 10 days after the expiry of the 14-day period set out above,
- 5% if the delay is between 10 and 20 days,
- 10% if the delay is between 20 and 30 days,
- 20% if the delay is between 30 and 60 days,
- 50% between 60 and 90 days,
- and five additional points for each new month of delay up to the price of the product, then the legal interest rate.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting either the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 12 - Terms of delivery
Delivery means the transfer to the consumer of physical possession or control of the good. It is only made after confirmation of payment by the seller's banking organization.
The products ordered are delivered as follows:
- Collissimo Monitoring 48H or by an independent carrier, depending on the size and weight of the products ordered and at the exclusive initiative of the seller.
The products are delivered to the address indicated by the purchaser on the order form, the purchaser must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliveryman will leave a calling card in the letterbox, which will allow the package to be collected from the place and during the period indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged package, broken products ...).
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm by registered mail these reservations to the carrier at the latest within two working days of receipt of the item (s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the mentions. legal rights of the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 7 days of delivery. Any complaint made after this deadline cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 13 - Delivery errors
The buyer must formulate with the seller on the same day of delivery or at the latest on the first working day following delivery, any claim of delivery error and / or non-conformity of products in kind or in quality with respect to details on the order form. Any complaint formulated beyond this period will be rejected.
The claim may be made, at the buyer's choice:
- email address: firstname.lastname@example.org
Any claim not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability towards the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product (s) concerned and will communicate it to the buyer by e-mail. The exchange of a product can only take place after the allocation of the exchange number.
In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the seller as a whole and in its original packaging, by registered Colissimo, to the following address: 66 boulevard notre dame- 13006 MARSEILLE
Return shipping costs are the responsibility of the buyer.
Article 14 - Transfer of risk
The property of the thing sold is transferred to the buyer as soon as the parties agree on the thing and on the price. Consequently, the transfer of ownership of the products and of the related risks of loss and deterioration is carried out, at the buyer's expense, upon acceptance of the order form by the seller.
Article 15 - Product warranty
Legal guarantee of conformity and legal guarantee against hidden defects
SAS MAEVA GHENNAM BEAUTY having its registered office at 66 boulevard notre dame -13006 MARSEILLE (RCS MARSEILLE n ° 884 428 798 00018) is responsible for the conformity of the goods with the contract, allowing the buyer to make a claim under the guarantee legal compliance provided for in Articles L. 217-4 et seq. of the Consumer Code or the warranty against defects in the item sold within the meaning of Articles 1641 et seq. of the Civil Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
- the buyer has a period of 2 years from the delivery of the goods to act;
- the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
- the buyer is exempt from providing proof of the existence of the lack of conformity of the goods during the 6 months following delivery of the goods.
In addition, it is recalled that:
- the legal guarantee of conformity applies independently of the commercial guarantee indicated below;
- the buyer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he can choose between the resolution of the sale or a reduction of the price in accordance with article 1644 of the civil code.
Article 16 - Right of withdrawal
The buyer has the right to withdraw without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day on which the buyer, or a third party other than the carrier and designated by the buyer, takes physical possession of the goods.
To exercise the right of withdrawal, the customer must notify the seller of his decision to withdraw by means of an unambiguous declaration (letter sent by post or email) to the following coordinates: SAS MAEVA GHENNAM BEAUTY - 66 Bouelavrd Notre Dame- 13006 MARSEILLE or on maevaghennambeauty.com.
A withdrawal form is made available to facilitate exchanges.
The buyer is entitled to request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.
The products must however be returned in their original packaging and in perfect condition within 14 (Fourteen) days of notification to the seller of the buyer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing their remarketing in new condition, accompanied by the purchase invoice.
Products damaged, used, soiled or incomplete are not taken back.
The right of withdrawal can be exercised, using a withdrawal form. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express the desire to retract.
The exchange (subject to availability) or the refund will be made within 14 days of receipt by the seller of the products returned by the buyer under the conditions provided above.
Article 17 - Force majeure
All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered grounds for exemption from the obligations of the parties and lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers, health crisis.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Article 18 - Intellectual property
The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, the sole holder of the intellectual property rights over this content.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
Article 19 - Data processing and Freedoms
The personal data provided by the purchaser are necessary for the processing of his order and the establishment of invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the website www.maevaghennambeauty.com has been declared to the CNIL.
The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the website: www.maevaghennambeauty.com
Article 20 - Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
Article 21 - Non-waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
Article 22 - Language of the contract and applicable law
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This is the case for the substantive rules as for the rules of form. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.