General terms and conditions of sale

Effective 08/03/2022

 

ARTICLE 1 - SCOPE OF APPLICATION

These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional purchasers ("the Customer"), wishing to acquire the products offered for sale ("the Products") by the Seller on the website https://www.vertuousbeauty.com/. The Products offered for sale on the site are the following: products cosmetic products.

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the https://www.vertuousbeauty.com/ website, which the client is required to read before placing an order.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are subject to availability, as specified when the order is placed.

These GTC are available at any time on the website https://vertuousbeauty.com and shall prevail over any other document.

The Customer declares that he/she has read these GTC and accepted them by ticking the box provided for this purpose before implementing the online ordering procedure on the website https://www.vertuousbeauty.com/.

In the absence of proof to the contrary, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:

Vertuous Beauty, SASU

Share capital of 5,000 euros

Registered at the RCS of Nanterre, under the number 897400883

1 avenue becquerelle 92600 Asnières sur Seine

Email : contact@vertuousbeauty.fr

Intracommunity VAT number FR59897400883

The Products presented on the https://www.vertuousbeauty.com/ website are offered for sale in the following territories:

Europe, UK, USA

In the case of orders to countries other than Europe and the United Kingdom, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne and are the sole responsibility of the Customer.

ARTICLE 2 - PRICES

The Products are supplied at the prices in force on the websitehttps://vertuousbeauty.com/, at the time the order is registered by the Seller.

Prices are expressed in Euros, including VAT.

The prices take into account any discounts granted by the Seller on the website https://www.vertuousbeauty.com/

We reserve the right to change our prices at any time.

The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.

ARTICLE 3 - ORDERS

It is the Customer's responsibility to select on the https://www.vertuousbeauty.com/website the Products he/she wishes to order, according to the following procedures:

The Customer chooses a Product which he puts in his basket by clicking on the button for adding the Product to the basket. 

The Customer may delete or modify the Product before validating the order and accepting these general terms and conditions of sale.

They will then enter their details or log in to their space and choose the delivery method.

After validation of the information, the order to be definitive will require payment from the Customer.

The offers of Products are valid as long as they are visible on the site, within the limits of available stocks. 

The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.

Any order placed on the https://www.vertuousbeauty.com/ website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.

Once the order has been confirmed and your payment validated in accordance with the terms and conditions set out below, an order confirmation email is sent to you summarising the order references. 

The Customer may also follow the progress of his order on his customer area of the site.

ARTICLE 3 BIS - CUSTOMER AREA - ACCOUNT

In order to place an order, the Customer is invited to create an account (personal space).

To do so, he/she must register by filling in the form that will be offered to him/her at the time of his/her order and undertakes to provide sincere and accurate information concerning his/her civil status and contact details, in particular his/her email address.

The Customer is responsible for updating the information provided. He is informed that he can modify them by logging into his account.

To access his personal space and order history, the Customer must identify himself using his user name and password which will be communicated to him after his registration and which are strictly personal. In this respect, the Customer shall refrain from disclosing them. Otherwise, the Customer shall remain solely responsible for the use that is made of them.

The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to: contact@vertuousbeauty.fr. This will be effective within a reasonable time.

In the event of non-compliance with the general conditions of sale and/or use, the site https://www.vertuousbeauty.com/ will have the possibility of suspending or even closing the account of a customer after formal notice sent by electronic means and remained without effect.

Any deletion of an account, for whatever reason, will result in the deletion of all personal information of the Customer.

The Seller shall not be held liable for any event due to force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance.

The creation of an account implies acceptance of these general terms and conditions of sale.

ARTICLE 4 - PAYMENT CONDITIONS

The price is paid by secure payment, as follows:

-payment by credit card

The price is payable in cash by the Customer, in full on the day the order is placed.

The payment data are exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the site https://www.vertuousbeauty.com/

Payments made by the Customer shall not be considered final until the Seller has actually received the amounts due.

The Seller shall not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the price in full in accordance with the above conditions.

ARTICLE 5 - DELIVERIES

The Products ordered by the Customer will be delivered to the address communicated at the time of the order.

Deliveries are made within 3-5 days to the address indicated by the Customer when ordering on the site.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above.

If the ordered Products were not delivered within 21 days after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale could be cancelled at the written request of the Customer under the conditions envisaged in articles L 216-2, L 216-3 and L241-4 of the Code of consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, with the exclusion of any compensation or retention.

Deliveries are made by an independent carrier to the address given by the Customer at the time of ordering and to which the carrier has easy access.

When the Customer has himself/herself called upon a carrier that he/she chooses, delivery is deemed to have taken place as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservations. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and shall have no recourse against the Seller in the event of failure to deliver the goods transported.

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs associated with this shall be subject to specific additional invoicing, based on a quotation previously accepted in writing by the Customer.

The Customer is required to check the condition of the products delivered. The Customer has a period of 3 days from the date of delivery to make complaints by e-mail. For any claim, please send an e-mail to the following address: contact@vertuousbeauty.fr, accompanied by all related documents (notably photos). After this period and if these formalities are not respected, the Products will be deemed to be in conformity and free of any apparent defect and no claim will be validly accepted by the Seller.

The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the Customer has duly proved the defects of conformity or the apparent or hidden defects, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC.

The transfer of the risks of loss and deterioration relating thereto shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.

ARTICLE 6 - TRANSFER OF OWNERSHIP

The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the Products.

ARTICLE 7 - RIGHT OF WITHDRAWAL

According to the terms of Article L221-18 of the Consumer Code "
For contracts providing for the regular delivery of goods during a defined period, the time limit runs from the receipt of the first good.

The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other unambiguous statement expressing the desire to withdraw and in particular by mail addressed to the Seller at the postal or e-mail address indicated in ARTICLE 1 of the GTC.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products will not be taken back.

The cost of returning the goods will be borne by the Customer.

The exchange (subject to availability) or refund will be made within 14 days of the Seller's receipt of the Products returned by the Customer under the conditions set out in this article.

ARTICLE 8 - SELLER'S LIABILITY - GUARANTEES

The Products supplied by the Seller benefit from :

  • the legal guarantee of conformity, for defective, damaged or damaged Products or Products that do not correspond to the order,
  • the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging,

the installation instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility.

Article L217-5 of the Consumer Code

"The property is in conformity with the contract:

1° Whether it is fit for the purpose ordinarily expected of similar goods and, if so :

- if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;

- it has the qualities that a purchaser may legitimately expect or with regard to the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L217-12 of the Consumer Code

"The action resulting from the lack of conformity shall be barred after two years from the delivery of the goods.

Article 1641 of the Civil Code.

"The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known about them.

Article 1648 paragraph 1 of the Civil Code

"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

Article L217-16 of the Consumer Code.

"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for service or from the time the goods in question are made available for repair, if this is after the request for service.

In order to assert his rights, the Customer must inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects from the moment of their discovery.

The Seller will refund, replace or repair Products or parts under warranty that are found to be non-conforming or defective.

The cost of postage will be reimbursed on the basis of the invoiced rate and the cost of return will be reimbursed on presentation of the receipts.

Refunds, replacements or repairs of Products deemed to be non-conforming or defective shall be made as soon as possible and at the latest within 14 days of the Seller's finding of the lack of conformity or hidden defect. This refund may be made by bank transfer.

The Seller shall not be liable in the following cases:

  • non-compliance with the legislation of the country to which the products are delivered, which it is up to the Customer to check,
  • in case of misuse, professional use, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
  • The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.

  • The Seller's guarantee is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

    ARTICLE 9 - PERSONAL DATA

    The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the execution of the sales contract.

    9.1 Collection of personal data

    The personal data that are collected on the http://www.vertuousbeauty.com/ website are the following:

    Opening an account

    When creating a customer/user account: 

    Name, surname, postal address, telephone number and e-mail address.

    Payment

    In the context of the payment of the Products offered on the http://www.vertuousbeauty.com/ website , the latter records financial data relating to the bank account or credit card of the Customer/user.

    9.2 Recipients of personal data

    Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.

    The category(ies) of co-contractor(s) is/are :

    • Transport providers
    • Payment institution providers

    9.3 Data controller

    The data controller is the Seller, within the meaning of the French Data Protection Act and as of 25 May 2018 of Regulation 2016/679 on the protection of personal data.

    9.4 Limitation of treatment

    Unless the Customer expressly agrees, his personal data will not be used for advertising or marketing purposes.

9.5 Data retention period

The Seller shall keep the data thus collected for a period of 10 years, covering the period of prescription of the applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Enforcement of Client and User Rights

In application of the regulations applicable to personal data, the Clients and users of the site https://www.vertuousbeauty.com/ have the following rights:

  • They can update or delete their data in the following ways:

By sending us an email to the following address: contact@vertuousbeauty.fr.

  • They can delete their account by writing to the e-mail address indicated in article 9.3 "Controller".
  • They may exercise their right of access to the personal data concerning them by writing to the address indicated in Article 9.3 "Data controller".
  • If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 "Controller".
  • They may request the deletion of their personal data, in accordance with the applicable data protection laws, by writing to the address indicated in Article 9.3 "Data controller".
  • They may also request the portability of data held by the Seller to another provider.
  • Finally, they may object to the processing of their data by the Seller.

These rights, provided that they do not oppose the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.

The controller must provide a response within a maximum of one month.

If the Customer's request is refused, reasons must be given.

The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box by which he agrees to receive informative and advertising e-mails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 - INTELLECTUAL PROPERTY

The content of the site https://www.vertuousbeauty.com/ is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright.

ARTICLE 11 - APPLICABLE LAW - LANGUAGE

These GTCs and the transactions arising from them are governed by and subject to French law.

These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

ARTICLE 12 - DISPUTES

For any complaint, please contact the customer service department at the Seller's postal or e-mail address indicated in ARTICLE 1 of these GTC.

The Customer is informed that he may in any case have recourse to conventional mediation, with the existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute. 

The Customer is also informed that he/she can also use the Online Dispute Resolution (ODR) platform:https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from the purchase and sale operations concluded in application of these GTC and which have not been settled amicably between the seller or by mediation, shall be submitted to the competent courts under the conditions of common law.

ANNEX I

WITHDRAWAL FORM

 

Date ______________________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on http://www.vertuousbeauty.com/, except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.

To SASU, Vertuous Beauty

1 avenue becquerelle 92600 Asnières sur Seine

I hereby give notice of withdrawal from the contract for the following goods:

- Ordered on (indicate date)

- Order number: ...........................................................

- Customer name: ...........................................................................

- Customer address: .......................................................................