GENERAL CONDITIONS OF SALE
The present general conditions of sale (hereinafter the "General Conditions") apply to any purchase made by a natural person (hereinafter the "CUSTOMER") on the website https://www.itstylemakeup.fr (hereinafter the "WEBSITE") from it Style Distribution, SAS registered in the register of companies 882 448 558 under the number 882 448 558, having its registered office at 122, Rue du Commandant Rolland, France Tel : 09 71 16 50 33, email : firstname.lastname@example.org (hereinafter the "SELLER").
Any order placed on the Site implies the CUSTOMER's unreserved acceptance of these terms and conditions
ARTICLE 1. DEFINITIONS
- "CUSTOMER": means the co-contractor of the SELLER, who guarantees to have the quality of consumer as defined by French law and jurisprudence. In this respect, it is expressly provided that the CUSTOMER is acting outside of any usual or commercial activity.
- "DELIVERY": means the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated at the time of the order.
- "PRODUCTS": refers to all the products available on the SITE.
- "TERRITORY" shall mean Metropolitan FRANCE (excluding DOM/TOM).
ARTICLE 2. OBJECT
The CUSTOMER is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from distinct contractual conditions.
ARTICLE 3. ACCEPTANCE OF THE GENERAL CONDITIONS
These Terms and Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download and print the Terms and Conditions and to keep a copy of them.
The SELLER advises the CUSTOMER to read the Terms and Conditions with each new order, as the latest version of the Terms and Conditions applies to all new orders of PRODUCTS.
By clicking on the first button to place the order and then on the second button to confirm the order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
ARTICLE 4. PURCHASE OF PRODUCTS ON THE SITE
The CUSTOMER will be asked to provide information allowing him/her to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be filled in for the CLIENT's order to be processed by the SELLER. The CUSTOMER can check on the SITE the status of his order. Tracking of DELIVERY can, if necessary, be done using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER's sales department at any time by e-mail at email@example.com to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information provided.
ARTICLE 5. ORDERS
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under the applicable law.
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
Unless otherwise expressly indicated on the SITE, all PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the standards applicable in France.
Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER's home page, the steps may differ slightly).
The CUSTOMER shall select the PRODUCT(S) of his choice by clicking on the PRODUCT(S) concerned and choosing the desired characteristics and quantities. Once the PRODUCT is selected, the PRODUCT is placed in the CUSTOMER's basket. The latter can then add as many PRODUCTS as he/she wishes to his/her cart.
Once the PRODUCTS have been selected and placed in the shopping cart, the CUSTOMER must click on the shopping cart and check that the content of his order is correct. If the CUSTOMER has not yet done so, he/she will then be invited to identify himself/herself or to register.
Once the CUSTOMER has validated the contents of the shopping cart and has identified himself/herself/registered, he/she will be presented with an online form that will be filled in automatically and that will summarize the price, the applicable taxes and, if applicable, the delivery charges.
The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.
The CUSTOMER can then proceed to the payment of the PRODUCTS by following the instructions appearing on the SITE and provide all the information necessary for the billing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all information necessary to process the order.
The CUSTOMER must also select the delivery method chosen.
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the order acknowledgement is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address communicated through the registration form is correct.
The SELLER does not send any order confirmation by mail or fax.
During the ordering process, the CUSTOMER shall enter the necessary billing information (the sign (*) shall indicate the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER).
The CUSTOMER shall in particular clearly indicate all information related to the DELIVERY, in particular the exact address of the DELIVERY, as well as any possible access code to the DELIVERY address.
The CUSTOMER must also specify the chosen method of payment.
Neither the order form that the CUSTOMER establishes online, nor the acknowledgement of receipt of the order that the SELLER sends to the CUSTOMER by e-mail, constitutes an invoice. Regardless of the method of order or payment used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE only start to run from this date.
For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros including all taxes, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).
The prices include in particular the value added tax (VAT) at the rate in force at the date of the order. Any change in the applicable rate may affect the price of the PRODUCTS from the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in case of special offers or sales.
The prices indicated are valid, except in case of gross error. The applicable price is the one indicated on the SITE on the date the order is placed by the CLIENT.
The Trader undertakes to deliver the PRODUCT on the date or within the period indicated to the CLIENT, unless the parties have agreed otherwise.
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.
In any case, if the unavailability has not been indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.
In the event that a PRODUCT is unavailable, the SELLER may, and if the parties agree, offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CLIENT decides to cancel his order for unavailable PRODUCTS, he shall obtain reimbursement of all sums paid for the unavailable PRODUCTS within thirty (30) days of payment at the latest.
ARTICLE 6. RIGHT OF WITHDRAWAL
ARTICLE 7. PAYMENT
The CLIENT may pay for PRODUCTS online on the SITE by the means proposed by the SELLER.
The CUSTOMER guarantees the SELLER that he/she holds all the necessary authorizations to use the chosen means of payment.
The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online in the context of the online payment on the SITE.
It is hereby specified that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
In case of a one-time payment by credit card, the CUSTOMER's account will be debited as soon as the PRODUCTS are ordered on the SITE.
In case of partial DELIVERY, the total amount will be debited from the CUSTOMER's account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel the order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these Terms and Conditions.
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money owed by the CUSTOMER proves impossible, the order will be canceled and the sale will be automatically terminated.
ARTICLE 8. PROOF AND ARCHIVING
The SELLER agrees to archive this information in order to ensure a follow-up of the transactions and to produce a copy of the contract at the request of the CUSTOMER.
In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
ARTICLE 9. TRANSFER OF OWNERSHIP
The above provisions do not prevent the transfer to the CLIENT, upon receipt by the CLIENT, or by a third party designated by the CLIENT other than the carrier, of the risks of loss or damage to the PRODUCTS subject to retention of title, as well as the risks of damage that they may cause.
ARTICLE 10. DELIVERY
ARTICLE 11. PACKING
ARTICLE 12. GUARANTEES
In addition to the commercial warranties that the SELLER may offer for certain PRODUCTS, any Customer benefits from "legal" warranties, for all PRODUCTS, which are detailed below, in accordance with Article L.111-1 of the French Consumer Code
ARTICLE 13. RESPONSIBILITY
The SELLER shall not be held responsible, or considered to have failed to comply with the present contract, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of the French courts.
It is further specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, the SELLER excludes all responsibility for the information published on these sites. Links to third-party websites are provided for information purposes only and no guarantee is given as to their content.
ARTICLE 14. FORCE MAJEURE
The responsibility of the SELLER cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in the present GTC results from a case of force majeure.
Force majeure occurs in contractual matters when an event beyond the control of the debtor, which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from fulfilling his obligation.
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the cancellation of the contract. If the impediment is definitive, the contract is terminated by operation of law and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
In this respect, the SELLER's liability shall not be incurred, in particular, in the event of a hacker attack, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communication networks, as well as in the event of any circumstance or event outside the SELLER's control occurring after the conclusion of the GTCs and preventing their execution under normal conditions.
It is specified that, in such a situation, the CUSTOMER may not claim the payment of any compensation and may not bring any action against the SELLER.
In the event of the occurrence of one of the above-mentioned events, the SELLER will endeavor to inform the CLIENT as soon as possible.
ARTICLE 15. PERSONAL DATA
The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyze orders and, if the CUSTOMER has expressly chosen this option, send him/her commercial prospecting mail, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CLIENT's data is kept confidential by the SELLER for the purposes of the contract, its execution and in compliance with the law.
CLIENTS may at any time unsubscribe by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by e-mail.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer to its business partners the names and contact information of its CUSTOMERS, provided that they have expressly given their prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting the SELLER. The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.
In accordance with Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation known as the RGPD), the SELLER ensures the implementation of the rights of the persons concerned.
It is recalled that the CUSTOMER whose personal data are processed has the right to access, rectify, update, portability and deletion of information concerning him, in accordance with the provisions of Articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15, 16 and 17 of the European General Regulation on the Protection of Persons (RGPD).
In accordance with the provisions of Article 38 of the amended Data Protection Act and the provisions of Article 21 of the RGPD, the CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him, without reason and without charge.
The CUSTOMER can exercise these rights by sending an e-mail to the address: firstname.lastname@example.org or by sending a letter to 122, Rue du Commandant Rolland.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.
ARTICLE 16. CLAIMS
ARTICLE 17. INTELLECTUAL PROPERTY
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request authorization from the SELLER in writing.
This authorization from the SELLER will in no case be granted permanently. This link must be removed at the request of the SELLER. Hypertext links to the SITE using techniques such as framing or in-line linking are strictly prohibited.
Any representation or reproduction, in whole or in part, of the SITE and its contents, by any means whatsoever, without the prior express authorization of the SELLER, is prohibited and will constitute an infringement punishable by Articles L.335-2 and following articles and L.713-1 and following articles of the Intellectual Property Code.
Acceptance of these GTCs implies recognition by the CUSTOMER of the intellectual property rights of the SELLER and commitment to respect them.
ARTICLE 18. VALIDITY OF THE GENERAL CONDITIONS
All conditions not expressly dealt with herein shall be governed in accordance with the usage of the retail sector, for companies whose head office is located in France.
Article 19. MODIFICATION OF THE GENERAL CONDITIONS
The General Conditions are dated accurately and may be changed and updated by the SELLER at any time. The applicable Terms and Conditions are those in effect at the time of the order.
Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.
Article 20 - JURISDICTION AND APPLICABLE LAW
IN CASE OF DISPUTE, ONLY FRENCH COURTS WILL HAVE JURISDICTION.
However, prior to any recourse to an arbitral or state judge, the Customer is invited to contact the SELLER's claims department.
If no agreement is reached or if the CUSTOMER justifies having tried, beforehand, to resolve his dispute directly with the SELLER by a written complaint, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement at the time of the occurrence of any conflict relating to this contract, including those concerning its validity.
To initiate this mediation, the CUSTOMER may contact the SELLER's mediator: David AMAR, whose contact details are: email@example.com and who can be contacted via this link: https://www.itstylemakeup.fr .
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict
. Mediation is not mandatory, the CUSTOMER or the SELLER may at any time withdraw from the process
IN THE EVENT THAT MEDIATION FAILS OR IS NOT CONSIDERED, THE DISPUTE WHICH MAY HAVE GIVEN rise to a mediation shall be referred to the competent court designated above.
Article 21. NOTICES (Trust Beauty module)
Within the framework of the notices that the user makes on the site www.itstylemakeup.fr, the user undertakes, without this list being restrictive, not to publish notices:
a) contrary to public order and good morals in general,
b) inciting to suicide, inciting to commit an offence, a crime or an act of terrorism, or glorifying war crimes or crimes against humanity.
c) not respecting the rights of others and in particular all intellectual property rights such as copyright, rights related to copyright, trademark rights, the right to the image of a person and in general the rights of persons and property.
d) of a commercial nature, in particular not to propose products or services accessible against any payment.
e) showing minors under 18 years of age, unless the legal representative has given permission for publication on the site.
In the event of non-compliance with these rules by the user, the latter may be prohibited from using or accessing the site.
In addition, www.itstylemakeup.fr reserves the right to refuse, at its sole discretion, any content. We will be particularly vigilant regarding duplicate content:
- Reviews or comments copied from other sites or from other user reviews,
- Duplicated notices or comments, reproduced identically on several product sheets,
- Reviews or comments identically reproduced under the articles
We will also be forced to delete the following reviews, comments or swatches:
- Reviews or comments that do not sufficiently describe the advantages, positive aspects or qualities of the products (a simple "I like this product" or "I recommend it", "it is good value for money", "it is not expensive" is not enough),
- Reviews or comments including punctuation abuse (!!!! or .............., etc),
- Reviews or comments incomprehensible due to lack of punctuation,
- Notices or comments that are incomprehensible because of too many spelling mistakes, syntax errors, written in abbreviated language. Language that is too familiar, vulgar or slangy will not be tolerated,
- Opinions or comments written with the only aim of manipulating the algorithm to gain points within the framework of the program of fidelity (Trustbeauty could be brought to ask for justifications of purchase in the event of doubt on the tested products).
- Presence of affiliated links or links towards stores of e-commerce,
- Swatches that do not belong to you (e.g. advertising visuals, visuals taken from other sites, unless it is your own content from a blog, a site or a social network, in which case, you must be able to justify it).
The CUSTOMER has the right to withdraw from the contract by returning the PRODUCT to the SELLER.
For this purpose, the PRODUCT shall be returned or restituted without undue delay, and at the latest within fourteen (14) days following the communication of his decision to withdraw, unless the SELLER offers to collect the PRODUCT himself.
In accordance with article L.221-18 of the Consumer Code, the withdrawal period expires fourteen (14) days after the day the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT.
If the CLIENT has ordered several PRODUCTS in a single order resulting in several DELIVERIES (or in the case of an order of a single PRODUCT delivered in several batches), the withdrawal period shall expire fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT delivered.
If the CLIENT's order includes several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT.
Notification of the right of withdrawal
To exercise his right of withdrawal and in accordance with Article L.221-21 of the French Consumer Code, the CLIENT shall notify his decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) to 122, Rue du Commandant Rolland or firstname.lastname@example.org.
He can also use the form below:
In order for the withdrawal period to be respected, the CUSTOMER must transmit his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
In case of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse the totality of the sums paid, including the delivery costs (with the exception of the additional costs resulting, if any, from the choice by the CUSTOMER of a delivery method other than the standard delivery method proposed by the SELLER) without excessive delay and, in any case, at the latest fourteen (14) days from the day the SELLER receives the returned PRODUCT.(Article L.221-24 of the Consumer Code).
The SELLER shall proceed to the refund using the same means of payment that the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means, in any case, this refund shall not entail any costs for the CUSTOMER.
The SELLER is not obliged to reimburse additional costs if the CUSTOMER has expressly chosen a more expensive method of delivery than the standard method offered by the SELLER.
The SELLER may defer reimbursement until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, the date retained being that of the first of these facts.
Terms of return
The CUSTOMER shall, without undue delay and, in any event, no later than fourteen (14) days after communication of his decision to withdraw from this contract, return the goods to : 122, Rue du Commandant Rolland.
This time limit shall be deemed to have been met if the CLIENT returns the good before the expiry of the fourteen (14) day period.
The CLIENT shall bear the direct costs of returning the good.
In case the weight of the PRODUCT would prevent the CLIENT from returning this PRODUCT by post, the CLIENT shall bear the direct costs of returning the good
Condition of the returned good
The PRODUCT shall be returned according to the SELLER's instructions and shall include all the accessories delivered.
The CLIENT shall only be liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the PRODUCT. In other words, the CLIENT may test the PRODUCT but may be held liable for any manipulations other than those necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases
- Supply of goods or services whose price depends on fluctuations in the financial market
- Supply of goods made to the CUSTOMER's specifications or clearly personalized
- Supply of goods likely to deteriorate or expire rapidly
- Supply of sealed audio or video recordings or software that have been unsealed after delivery
- Newspaper, periodical, magazine (except subscription contracts)
- Provision of accommodation services other than for residential purposes, transport of goods, car rental catering or services related to leisure activities if the offer provides for a specific date or period of performance
- Supply of goods which by their nature are inseparably mixed with other items
- Supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after DELIVERY
- Supply of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract of sale whose delivery can be made only after 30 days and whose real value depends on fluctuations in the market beyond the control of the SELLER
- Supply of digital content not provided dematerialized if the execution has begun with the prior express consent of the consumer, who also recognized that he will thereby lose his right of withdrawal
- contracts concluded at a public auction
The PRODUCTS offered can only be delivered within the TERRITORY.
It is impossible to place an order for any delivery address located outside this TERRITORY.
The PRODUCTS are shipped to the delivery address(es) that the CLIENT will have indicated during the ordering process.
The times to prepare an order and then to establish the invoice, before shipping the PRODUCTS in stock are mentioned on the SITE. These times do not include weekends or public holidays.
An e-mail message will automatically be sent to the CLIENT when the PRODUCTS are shipped, provided that the e-mail address given in the registration form is correct.
Delivery times & costs
During the ordering process, the SELLER indicates to the CLIENT the possible delivery times and shipping options for the PRODUCTS purchased.
The shipping costs are calculated according to the delivery method.
The amount of these costs will be due by the CLIENT in addition to the price of the PRODUCTS purchased.
The details of the delivery times and costs are detailed on the SITE.
In the absence of indication or agreement as to the delivery date, the SELLER delivers the PRODUCT without undue delay and at the latest thirty (30) days after the conclusion of the contract. (Article L.216-1 of the Consumer Code).
The parcel will be given to the CLIENT against signature and on presentation of an identity document.
In case of absence, a notice of passage will be left to the CLIENT, in order to allow him to go and collect his parcel in his post office.
The CLIENT is informed of the delivery date fixed at the time he chooses the carrier, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries will be carried out under thirty (30) days maximum. Failing this, the CUSTOMER must give the SELLER formal notice to deliver within a reasonable period of time and in the event of non-delivery within this period, the contract may be terminated.
The SELLER shall refund, without undue delay after receipt of the termination letter, to the CUSTOMER the total amount paid for the PRODUCTS, including taxes and delivery charges, by the same method of payment used by the CUSTOMER to purchase the PRODUCTS.
The SELLER is responsible until the PRODUCT is delivered to the CLIENT. It is reminded that the CLIENT has a period of three (3) days to notify the carrier of any damage or partial loss noted during delivery.