Terms of sale
applicable from 31/10/2020
Article 1. Parties
These general conditions are applicable between Cosmetics Ichalalen, Self-employed recorded at the RCS of Couëron in France under the number 790077598, head office: 77 bis boulevard de la Liberation , France, Email: contact@ichalalen-cosmetiques.fr, VAT not applicable, article 293b of the CGI, below "the Publisher" and any person, physical or legal, of private or public law, registered on the site to buy a product, below "the customer" .
Article 2. DEFINITIONS
« Customer »: Any person, physics or legal, of private or public law, registered on the site.
« Site content " : elements of any kind published on the site, or not protected by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
« The Publisher » : Cosmetics Ichalalen, Self-employed taken in its capacity as editor of the site.
« Internet user »: Any person, physics or legal, of private or public law, connecting to the site.
« Product ": Well of all kinds sold on the site by the Publisher to customers.
« Site ": URL accessible website ichalalen-cosmetiques.fr, as well as sub-sites, mirror sites, gates and variations in related URLs.
Article 3. Field of application
The site is free and free access to any internet user. Navigation on the site supposes acceptance by any internet user of these General Conditions. The simple connection to the site, by any means whatsoever, in particular through a robot or a browser, will take full acceptance of these general conditions. When registering on the site, this acceptance will be confirmed by checking the corresponding box.
The internet user recognizes in the same fact having taken fully aware of it and accepting them without restriction.
Checking the aforementioned box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user recognizes the evidence of the author's automatic registration systems of the Publisher and, except for him to provide contrary, he gives up to challenge them in the event of a dispute.
These general conditions are applicable to relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
The acceptance of these general conditions requires on the part of Internet users that they enjoy the legal capacity necessary for this, or failing that they have the authorization of a tutor or a curator if they are incapable , of their legal representative if they are minors, or even they hold a mandate if they act on behalf of a legal person.
Article 4. Site object
The purpose of the site is the sale of products to customers.
Article 5.
5.1. Order
In order to order, Internet users will be able to select one or more products and add them to their basket. The availability of products is indicated on the site, in the description sheet of each item. When their order is complete, they can access their basket by clicking on the button provided for this purpose.
5.2. Validation of the order by the Internet user
By consulting their basket, Internet users will have the ability to check the number as well as the nature of the products they have chosen and will be able to check their unit price, as well as their overall price. They will have the opportunity to remove one or more products from their basket.
If their order suits them, Internet users will be able to validate it. They will then access a form on which they can either enter their connection identifiers if they already have them, or register on the site by completing the registration form using personal information concerning them.
5.3. Payment by the Customer
As soon as they are connected or after they have perfectly completed the registration form, customers will be invited to control or modify their delivery and billing contact details, then will be invited to make their payment by being redirected for this purpose On the secure payment interface including the mention "order with payment obligation" or any similar formula.
5.4. Confirmation of the order by the Publisher
Once the payment is actually received by the Publisher, the latter undertakes to acknowledge receipt to the Customer by electronic means, within a maximum of 24 hours. Within the same period, the Publisher undertakes to send the customer a summary email of the order and confirming the processing, taking up all the information relating to it.
Article 6. Price - Payment
6.1. Price
The applicable prices are those displayed on the site on the day of the order. These prices can be changed at any time by the Publisher. The prices displayed are only valid on the day of the order and do not have an effect for the future.
The prices indicated on the site are heard in euros, all taxes included, excluding delivery costs.
6.2. Payment method
The customer can pay by Paypal, Stripe. Bank card payments are made by means of secure transactions provided by Stripe.
As part of bank card payments, the Publisher does not have access to any data relating to the customer's payment methods. Payment is made directly in the hands of the banking establishment.
In the event of payment by mandate, check or bank transfer, delivery times only start to run from the date of payment of payment by the Publisher.
6.3. Billing
The Publisher will send or provide the customer with an invoice by electronic means after each payment. The customer expressly agrees to receive invoices electronically.
6.4. Default
The agreed payment dates cannot be delayed under any pretext whatsoever, including in the event of a dispute.
Any sum not paid at the due date will give rise, automatically and without formal notice, to the application of late penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this Penalty harvested with the exigibility of the sums due in principal.
In addition, any delay in payment will result in invoicing to the customer defaulting the recovery costs of 40 euros, the immediate payment of all sums remaining due whatever the agreed deadlines, increased by compensation for compensation 20 % of the amount as a penal clause, as well as the possibility of terminating the contract unilaterally to the harm of the customer. This clause is part of the provisions of article 1152 of the Civil Code allowing the judge to reduce compensation if the judge considers that it is excessive.
6.5. Reserve of ownership
The products sold remain the property of the Publisher until full payment of their price, in accordance with this reserve of ownership clause.
Article 7. Responsibility of the Publisher
7.1. Nature of the Publisher's obligations
The Publisher undertakes to provide the care and diligence necessary for the supply of quality products in accordance with the specifications of these General Conditions. The Publisher only responds to an obligation of means concerning the subject of these services.
7.2. Force majeure - Customer failure
The Publisher will not engage his responsibility in the event of force majeure or fault of the customer, as defined in this article:
7.2.1. Force majeure
In the sense of these general conditions, will be considered as a case of force majeure enforceable against the customer any impediment, limitation or disturbance of the service due to fire, epidemic, explosion, earthquake, fluctuations in the band Passage, breach attributable to the provider of access, failure of the transmission networks, collapse of installations, illicit or fraudulent use of passwords, codes or references provided to the customer, computer hacking, a flaw security attributable to the host of the site or developers, flooding, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, requisition, requisition, requisition, requisition, requisition, requisition, requisition, of strike, boycott, or other circumstances outside the reasonable control of the Publisher. In such circumstances, the Publisher will be exempt from the execution of his obligations within the limits of this impediment, this limitation or this disturbance.
7.2.2. Customer fault
In the sense of these general conditions, will be considered as a fault of the customer enforceable against the latter any improper use of the service, for lack, negligence, omission or failure on his part or that of his attendants, non-compliance with the advice given by the Publisher on his site, any disclosure or illicit use of password, client codes and references, as well as erroneous information information or the absence of updating such information in his personal space. Also considered as a customer's fault, the implementation of any technical process, such as robots, or automatic requests, the implementation of which would violate the letter or the spirit of these general conditions of sale.
7.3. Technical problems - Hypertext links
In the event of impossibility of access to the site, due to technical problems of all kinds, the customer cannot take advantage of damage and cannot claim any compensation. The unavailability, even extended and without any limitive duration, of one or more online services, cannot constitute damage to customers and cannot give rise to the granting of damages on the part of The Publisher.
The hypertext links on the site can refer to other websites. The responsibility of the Publisher cannot be engaged if the content of these sites contravenes the legislation in force. Likewise, the Publisher cannot be liable if the Internet user's visit of one of these sites, caused him a damage.
In the current state of the technique, the rendering of the representations of the products offered for sale on this site, in particular in terms of colors or forms, can significantly vary from one computer position to another or differ from reality according to The quality of the graphic accessories and the screen or depending on the resolution of the display. These variations and differences will not be able to be attributed to the Publisher who can in no way be their responsibility engaged in this fact.
7.4. Damages in charge of the Publisher
In the absence of contrary legal or regulatory provisions, the responsibility of the Publisher is limited to direct, personal and certain damage suffered by the customer and linked to the failure in question. The Publisher cannot in any case be held responsible for indirect damage such as, in particular data losses, commercial loss, order losses, brand image damage, commercial disorders and profit loss or profits or customers. Similarly and within the same limits, the amount of damages charged to the Publisher cannot in any event exceed the price of the ordered product.
7.5. Hypertext links and site content
The contents of the site are published as an indication, without guarantee of accuracy. The Publisher can in no case be held responsible because of an inaccurate omission, an inaccuracy or any error contained in this information and which would be at the origin of direct or indirect damage caused to the Internet user.
Article 8. Final stipulations
8.1. Applicable law
These general conditions are subject to the application of French law.
8.2. Changes from these General Conditions
These general conditions can be modified at any time by the Publisher. The general conditions applicable to the Customer are those in force on the day of their order or its connection to this site, any new connection to the personal space taking acceptance if necessary new general conditions.
8.3. Disputes
Under the ordinance n ° 2015-1033 of August 20, 2015, all disputes with a consumer client who could arise within the framework of the execution of these general conditions and whose solution could not be found beforehand amicable between the parties should be subject to Medicalys: www.medicalys.fr.
In addition, the consumer customer is informed of the existence of the online dispute settlement platform, accessible to the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Any dispute relating to this contract or in relation to it will be decided by arbitration in accordance with the regulation of the Digital Arbitration and Mediation Institute: www.fast-arbiter.com.
8.4. Full
The nullity of one of the clauses of this contract will not result in the nullity of the other clauses of the contract or the contract as a whole, which will keep their full effect and carried. In such a hypothesis, the parties will have to replace the stipulation canceled by a valid stipulation corresponding to the spirit and object of the present stipulation.
8.5. Non-renunciation
The absence of exercise by the Publisher of the Rights recognized by these can in no way be interpreted as a waiver to assert the said rights.
8.6. Phone canvassing
The customer is informed that he has the possibility of registering on the list of opposition to canvassing at the address http://www.bloctel.gouv.fr/.
8.7. Languages of these General Conditions
These general conditions are offered in French.
8.8. Abusive clauses
The stipulations of these General Conditions apply subject to compliance with the imperative provisions of the Consumer Code concerning abusive clauses in contracts concluded between a professional and a consumer.
General conditions of use
applicable from 31/10/2020
Article 1. Parties
These general conditions are applicable between Cosmetics Ichalalen, Self-employed, share capital: To be informed [Capital] €, recorded at the RCS of Couëron in France THE To be informed [registrationdate], under the number 790077598, head office: 77 bis boulevard de la Liberation , France, Email: contact@ichalalen-cosmetiques.fr, VAT not applicable, article 293b of the CGI, below "the Publisher" and any person, physical or legal, of private or public law, registered on the site to buy a product, below "the customer" .
Article 2. DEFINITIONS
« Customer »: Any person, physics or legal, of private or public law, registered on the site.
« Site content " : elements of any kind published on the site, or not protected by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
« The Publisher » : Cosmetics Ichalalen, Self-employed taken in its capacity as editor of the site.
« Internet user »: Any person, physics or legal, of private or public law, connecting to the site.
« Product ": Well of all kinds sold on the site by the Publisher to customers.
« Site ": URL accessible website ichalalen-cosmetiques.fr, as well as sub-sites, mirror sites, gates and variations in related URLs.
Article 3. Field of application
The site is free and free access to any internet user. Navigation on the site supposes acceptance by any internet user of these General Conditions. The simple connection to the site, by any means whatsoever, in particular through a robot or a browser, will take full acceptance of these general conditions. When registering on the site, this acceptance will be confirmed by checking the corresponding box.
The internet user recognizes in the same fact having taken fully aware of it and accepting them without restriction.
Checking the aforementioned box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user recognizes the evidence of the author's automatic registration systems of the Publisher and, except for him to provide contrary, he gives up to challenge them in the event of a dispute.
These general conditions are applicable to relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
The acceptance of these general conditions requires on the part of Internet users that they enjoy the legal capacity necessary for this, or failing that they have the authorization of a tutor or a curator if they are incapable , of their legal representative if they are minors, or even they hold a mandate if they act on behalf of a legal person.
Article 4. Site object
The purpose of the site is the sale of products to customers.
Article 5.
Site customer service is accessible from the site contact page: https://ichalalen-cosmetiques.fr/pages/contactez-nous or by email at contact@ichalalen-cosmetiques.fr or by post to the address indicated in article 1 of these general conditions.
Article 6. Personal space
6.1. Creation of personal space
The creation of a personal space is an essential prerequisite for any order of a user on the site. To this end, the user will be invited to provide a certain number of personal information. Some of this information is deemed to be essential for the creation of personal space. The refusal by a user to provide said information will have the effect of preventing the creation of the personal space as well as, incidentally, the validation of the order.
When creating the personal space, the Internet user is invited to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in the personal space. The user therefore refrains from transmitting it or communicating it to a third party. Otherwise, the Publisher cannot be held responsible for unauthorized access to the personal space of a user.
The Customer undertakes to proceed with a regular verification of data which concerns him and to proceed online, from his personal space, to the updates and modifications necessary.
6.2. Personal space contents
The personal space allows the customer to consult and follow all his orders placed on the site.
The pages relating to personal spaces are freely printable by the account holder in question, but do not constitute eligible evidence by a court. They have only an informative nature intended to ensure effective management of its orders by the customer.
The Publisher undertakes to keep all the contractual elements in a secure manner whose conservation is required by the law or the regulations in force.
6.3. Deletion of personal space
The Publisher reserves the right to delete the account of any customer who contravenes these general conditions, especially when the customer provides inaccurate, incomplete, false or fraudulent information, as well as when the personal space of a customer has been inactive For at least a year. The said deletion will not be likely to constitute a fault of the Publisher or damage to the excluded customer, who will not be able to claim any compensation.
This exclusion is without prejudice to the possibility, for the Publisher, to undertake legal proceedings against the customer, when the facts have justified it.
Article 7. Personal data
As part of his service, the Publisher will have to process personal data from his customers.
7.1. Identity of the controller
The manager of the collection and data processed on the site is the Publisher.
7.2. Identity of the data protection delegate
The data protection delegate is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, contact@deshoulieres-avocats.com, 01 77 62 82 03, www.deshoulieres-avocats.com"Always taking care to create a hypertext link on the URL of our site
7.3. Data collected
7.3.1. Data collected from customers
As part of his contractual relations, the Publisher may have to collect and process information from his customers, namely: Email, name and first name, telephone, address, state, province, postal code, city.
7.3.2. Purposes of collecting personal data
The data collected during the contractual relationship is subject to automated processing having the purpose of:
- run contractual commitments;
- Contact customers;
- avoid any illegal or illegal activity;
- enforce the general conditions;
- initiate legal proceedings;
- Check the identity of customers;
7.3.3. Legal bases of treatment
The data collected is a legal basis a contractual relationship.
7.3.4. Data recipients
The data collected can only be viewed by the Publisher within the limits strictly necessary for the execution of contractual commitments.
These data, whether in individual or aggregated form, is never made freely visualizable by a third -party natural person.
7.3.5. Personal data retention period
The personal data collected is kept during the time of the contractual relationship, and during the time during which the responsibility of the Publisher can be engaged.
After the retention period, the Publisher undertakes to permanently delete the data of the persons concerned without keeping a copy.
7.3.6. Safety and confidentiality of personal data
Personal data is kept under secure conditions, according to current means of technique, in compliance with the provisions of the General Data Protection Regulations and national legislation in force.
Access to the Publisher's premises is also secure.
7.3.7. Data minimization
The Publisher can also collect and process any data voluntarily transmitted by its customers.
The Publisher directs its customers so that it provides personal data strictly necessary for the execution of contractual commitments.
The Publisher undertakes to keep and process only the data strictly necessary for its professional activities, and will delete any data received not useful to its activities as soon as possible.
7.4. Respect for rights
The Publisher's customers have the following rights concerning their personal data, which they can exercise by writing to the postal address of the Publisher or by filling out the online contact form.
7.4.1. Right of information, access and data communication
Publisher's customers have the possibility of accessing personal data concerning them.
Due to the obligation of security and confidentiality in the processing of personal data which is the responsibility of the Publisher, requests will only be processed if customers provide proof of their identity, in particular by the production of a scan of Their valid identity title (in the event of a request by the dedicated electronic form) or a photocopy signed by their valid identity title (in the event of a request addressed in writing), both accompanied by the mention " On the honor that the copy of this identity document conforms to the original. Done to ... ", followed by their signature.
To help them in their approach, customers will find here A mail model developed by the CNIL.
7.4.2. Right of rectification, deletion and right to be forgotten of data
Publisher's customers have the possibility of requesting rectification, update, locking or erasure of their personal data which may be inaccurate, erroneous, incomplete or obsolete.
Publisher's customers can also define general and specific directives relating to the fate of personal data after their death. If necessary, heirs of a deceased person may require taking into account the death of their loved one and/or to carry out the necessary updates.
To help them in their approach, customers will find here A mail model developed by the CNIL.
7.4.3. Right of opposition to data processing
Publisher's customers have the possibility of opposing their personal data.
To help them in their approach, customers will find here A mail model developed by the CNIL.
7.4.4. Right to data portability
Publisher's customers have the right to receive the personal data they have provided to the Publisher in a transferable, open and readable format.
7.4.5. Right to limit treatment
Publisher's customers have the right to request that processing their personal data by the Publisher is limited. Thus, their data can only be kept and no longer used by the Publisher.
7.4.6. Response time
The Publisher undertakes to respond to any request for access, rectification or opposition or any other additional request for information within a reasonable time which cannot exceed 1 month from the receipt of the request.
7.4.7. Complaint with the competent authority
If the Publisher's customers consider that the Publisher does not comply with his obligations with regard to their personal data, they can send a complaint or a request to the competent authority. In France, the competent authority is the CNIL to which they can send a request here.
7.5. Transfer of data collected
7.5.1. Transfer to partners
The Publisher has used authorized providers to facilitate the collection and processing of customer data. These providers can be located outside the European Union.
The Publisher has previously ensured the implementation by its providers of adequate guarantees and compliance with strict conditions in terms of confidentiality, use and data protection, for example via the UN PRIVACY SHIELD.
The Publisher calls on the following subcontractors:
| Partner | Quality | Recipient country | Treatment carried out | Guarantees |
7.5.2. Transfer on requisition or judicial decision
Customers also agree that the Publisher communicates the data collected to any person, on the requisition of a state authority or by judicial decision.
7.5.3. Transfer as part of a merger or acquisition
If the Publisher is involved in a merger, a sale of assets, a financing operation, a liquidation or bankruptcy or in an acquisition of all or part of its activity by another company, customers consent to the data collected Be transmitted by the Publisher to this company and that this company operates the processing of personal data referred to in these general service conditions instead of the Publisher.
Article 8. Intellectual Propertie
8.1. Legal protection of site content
The content of the site are likely to be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, integral or partial, carried out illegally and without the consent of the Publisher or its beneficiaries or the causes constitutes a violation of books I and III of the Intellectual Property Code and will be likely to give rise to legal proceedings for counterfeiting.
8.2. Contractual protection of site content
The Internet user commits contractually towards the Publisher not to use, reproduce or represent, in any way whatsoever, the contents of the site, whether or not they are protected by an intellectual property right, to another end than that of their reading by a robot or a browser. This prohibition is not applicable to indexing robots having the sole purpose of scaning the content of the site for indexing purposes.
8.3. Protection of General Conditions
The general conditions of the site, written by the office Deshoulières Associés Associés (www.deshoulieres-avocats.com), are protected by commercial law. Any reproduction, integral or partial, carried out without the consent of associated lawyers will be likely to give rise to legal proceedings for parasitism.
Article 9. Final stipulations
9.1. Applicable law
These general conditions are subject to the application of French law.
9.2. Changes from these General Conditions
These general conditions can be modified at any time by the Publisher. The general conditions applicable to the Customer are those in force on the day of their order or its connection to this site, any new connection to the personal space taking acceptance if necessary new general conditions.
9.3. Disputes
Under the ordinance n ° 2015-1033 of August 20, 2015, all disputes which could occur within the framework of the execution of these general conditions and whose solution could not have been found to be amicable between the parties between the parties between the parties between the parties between the parties will have to be submitted to MEDIDYS: www.medicalys.fr.
In addition, the customer is informed of the existence of the online dispute settlement platform, accessible to the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Any dispute relating to this contract or in relation to it will be decided by arbitration in accordance with the regulation of the Digital Arbitration and Mediation Institute: www.fast-arbiter.com.
9.4. Full
The nullity of one of the clauses of this contract will not result in the nullity of the other clauses of the contract or the contract as a whole, which will keep their full effect and carried. In such a hypothesis, the parties will have to replace the stipulation canceled by a valid stipulation corresponding to the spirit and object of the present stipulation.
9.5. Non-renunciation
The absence of exercise by the Publisher of the Rights recognized by these can in no way be interpreted as a waiver to assert the said rights.
9.6. Phone canvassing
The customer is informed that he has the possibility of registering on the list of opposition to canvassing at the address http://www.bloctel.gouv.fr/.
9.7. Languages of these General Conditions
These general conditions are offered in French.
9.8. Abusive clauses
The stipulations of these General Conditions apply subject to compliance with the imperative provisions of the Consumer Code concerning abusive clauses in contracts concluded between a professional and a consumer.
Reimbursement policy
applicable from 31/10/2020
Article 1. Parties
This reimbursement policy is applicable between Cosmetics Ichalalen, Self-employed recorded at the RCS of Couëron in France under the number 790077598, head office: 77 bis boulevard de la Liberation , France, Email: contact@ichalalen-cosmetiques.fr, VAT not applicable, article 293b of the CGI, below "the Publisher" and any person, physical or legal, of private or public law, registered on the site to buy a product, below "the customer" .
Article 2. DEFINITIONS
« Customer »: Any person, physics or legal, of private or public law, registered on the site.
« Site content " : elements of any kind published on the site, or not protected by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
« The Publisher » : Cosmetics Ichalalen, Self-employed taken in its capacity as editor of the site.
« Internet user »: Any person, physics or legal, of private or public law, connecting to the site.
« Product ": Well of all kinds sold on the site by the Publisher to customers.
« Site ": URL accessible website ichalalen-cosmetiques.fr, as well as sub-sites, mirror sites, gates and variations in related URLs.
Article 3. Field of application
The site is free and free access to any internet user. Navigation on the site supposes acceptance by any internet user of these General Conditions. The simple connection to the site, by any means whatsoever, in particular through a robot or a browser, will take full acceptance of these general conditions. When registering on the site, this acceptance will be confirmed by checking the corresponding box.
The internet user recognizes in the same fact having taken fully aware of it and accepting them without restriction.
Checking the aforementioned box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user recognizes the evidence of the author's automatic registration systems of the Publisher and, except for him to provide contrary, he gives up to challenge them in the event of a dispute.
These general conditions are applicable to relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
The acceptance of these general conditions requires on the part of Internet users that they enjoy the legal capacity necessary for this, or failing that they have the authorization of a tutor or a curator if they are incapable , of their legal representative if they are minors, or even they hold a mandate if they act on behalf of a legal person.
Article 4. Site object
The purpose of the site is the sale of products to customers.
Article 5.
5.1. Order
In order to order, Internet users will be able to select one or more products and add them to their basket. The availability of products is indicated on the site, in the description sheet of each item. When their order is complete, they can access their basket by clicking on the button provided for this purpose.
5.2. Validation of the order by the Internet user
By consulting their basket, Internet users will have the ability to check the number as well as the nature of the products they have chosen and will be able to check their unit price, as well as their overall price. They will have the opportunity to remove one or more products from their basket.
If their order suits them, Internet users will be able to validate it. They will then access a form on which they can either enter their connection identifiers if they already have them, or register on the site by completing the registration form using personal information concerning them.
5.3. Payment by the Customer
As soon as they are connected or after they have perfectly completed the registration form, customers will be invited to control or modify their delivery and billing contact details, then will be invited to make their payment by being redirected for this purpose On the secure payment interface including the mention "order with payment obligation" or any similar formula.
5.4. Confirmation of the order by the Publisher
Once the payment is actually received by the Publisher, the latter undertakes to acknowledge receipt to the Customer by electronic means, within a maximum of 24 hours. Within the same period, the Publisher undertakes to send the customer a summary email of the order and confirming the processing, taking up all the information relating to it.
Article 6. Price - Payment
6.1. Price
The applicable prices are those displayed on the site on the day of the order. These prices can be changed at any time by the Publisher. The prices displayed are only valid on the day of the order and do not have an effect for the future.
The prices indicated on the site are heard in euros, all taxes included, excluding delivery costs.
6.2. Payment method
The customer can pay by Paypal, Stripe. Bank card payments are made by means of secure transactions provided by To be informed [Bankgateways].
As part of bank card payments, the Publisher does not have access to any data relating to the customer's payment methods. Payment is made directly in the hands of the banking establishment.
In the event of payment by mandate, check or bank transfer, delivery times only start to run from the date of payment of payment by the Publisher.
6.3. Billing
The Publisher will send or provide the customer with an invoice by electronic means after each payment. The customer expressly agrees to receive invoices electronically.
6.4. Default
The agreed payment dates cannot be delayed under any pretext whatsoever, including in the event of a dispute.
Any sum not paid at the due date will give rise, automatically and without formal notice, to the application of late penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this Penalty harvested with the exigibility of the sums due in principal.
In addition, any delay in payment will result in invoicing to the customer defaulting the recovery costs of 40 euros, the immediate payment of all sums remaining due whatever the agreed deadlines, increased by compensation for compensation 20 % of the amount as a penal clause, as well as the possibility of terminating the contract unilaterally to the harm of the customer. This clause is part of the provisions of article 1152 of the Civil Code allowing the judge to reduce compensation if the judge considers that it is excessive.
6.5. Reserve of ownership
The products sold remain the property of the Publisher until full payment of their price, in accordance with this reserve of ownership clause.
Article 7. Reclamation - Retractation - Guarantee
7.1. Customer service
Site customer service is accessible from the site contact page: https://ichalalen-cosmetiques.fr/pages/contactez-nous or by email at contact@ichalalen-cosmetiques.fr or by post to the address indicated in article 1 of these general conditions.
7.2. Right of withdrawal - Distance sale
This article 7.2 is applicable to the customer having the quality of consumer within the meaning of the introductory article of the Consumer Code.
7.2.1. Conditions of exercise of the right of withdrawal
In accordance with the legislation in force in terms of distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, except, if necessary , return costs.
The time mentioned in the previous preceding paragraph to count either from the day when the remote contract is concluded for contracts relating to the provision of a service provision and/or the provision of digital content not provided on a support material, either from the reception of the property by the customer or a third party, other than the carrier, appointed by him, for contracts for the sale of goods and the contracts for the provision of services including the delivery of goods.
In the case of an order relating to several goods delivered separately or in the case of an order of an property made up of lots or multiple parts whose delivery is staggered over a defined period, the time runs from receipt of the last good or lot or the last room. For contracts providing for regular delivery of goods for a defined period, the time short from receipt of the first property.
When the fourteen -day period expires on a Saturday, a Sunday or a holiday or an unemployed day, it is extended until the first next working day.
The withdrawal decision must be notified to the Publisher to the contact details indicated in article 1 of these General Conditions by means of a declaration devoid of ambiguity. The Customer has, for example, the possibility of using the standard form provided at the end of these General Conditions. In any event, the Publisher will send to the customer at the earliest an acknowledgment of receipt of the said withdrawal by email.
7.2.2. Effects of the right of withdrawal
The customer returns or restores the products to the professional or anyone designated by the latter, without excessive delay and, at the latest, within fourteen days of the communication of his decision to retract.
When the right of withdrawal is exercised, the professional is required to reimburse the customer from all the sums paid, as soon as possible and at the latest within fourteen days of the date on which this right was exercised. If necessary, the professional may postpone the reimbursement until the products are recovered or until the customer has provided proof of the shipment of the products, as soon as possible of the two events. Beyond that, the sum due is, automatically, productive of interest at the legal rate in force, as specified in article L. 242-4 of the Consumer Code.
If necessary, the professional makes the reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless expressly agreed by the Customer for the use of another means of payment and insofar as reimbursement Do not cause fees for the customer. However, the professional is not required to reimburse additional costs if the customer has expressly chosen a more expensive delivery method than the standard delivery method offered.
Direct cost for returning the product are the responsibility of the customer. These costs are estimated at a maximum of 6 euros if, due to its nature, the product cannot normally be returned by post.
The customer's responsibility is only engaged in the depreciation of the product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this product.
The conditions, deadlines and methods of exercising the right of withdrawal are exposed in the standard form provided at the end of these general conditions.
7.2.3. Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts:
- provision of services fully executed before the end of the withdrawal period and whose execution began after express prior agreement of the Customer and expressly renouncing his right of withdrawal;
- provision of goods made according to customer or clearly personalized specifications;
- provision of goods likely to deteriorate or expire quickly;
- provision of goods which have been unconstruction by the customer after delivery and which cannot be returned for reasons of hygiene or health protection;
- provision of goods which, after having been delivered and by their nature, are inseparable with other articles;
- provision of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market escaping the control of the professional;
- maintenance or repair work to be carried out in emergency at the customer's home and expressly asked by him, within the limits of spare parts and strictly necessary works to respond to the emergency;
- Supply of audio or video recordings or computer software when they were unzore by the customer after delivery;
- providing a newspaper, periodical or magazine, except for subscription contracts to these publications;
- concluded during a public auction;
- services of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;
- Supply of digital content not provided on a material support whose execution began after express prior agreement of the Customer and expressly renouncing their right of withdrawal.
Likewise, the right of withdrawal is not applicable to contracts fully executed by the two parties at the express request of the customer before the latter exercised his right of withdrawal.
When validating the order of digital content independent of any material medium before the expiration of the withdrawal period, the customer's renunciation of the right of withdrawal will be manifested by checking the box corresponding to the following sentence: "I expressly renounce my 14 -day withdrawal right for delivered products". The customer will then receive an email confirmation from his renunciation of the right of withdrawal.
7.3. Resolution of the contract on the customer's initiative
The consumer customer may denounce the contract by registered letter with request for acknowledgment of receipt in the event of exceeding the date of delivery of the property exceeding seven days. The customer will then be refunded the sums engaged by him when ordering.
This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the Customer undertakes not to exercise prosecution against the Publisher and renounce to take advantage of the resolution of the sale provided for in this article.
7.4. Guarantees
7.4.1. Guarantee of visible defects and defects
It is up to the customer to check the good condition of the products at the time of delivery. This verification must in particular relate to the quality, quantities and references of the products as well as their compliance with the order. No complaints will be taken into account after three days from delivery. In any event, any complaint concerning the parcels delivered will only be taken into account if the customer having the quality of merchant has issued reservations to the carrier in accordance with articles L. 133-3 and following
7.4.2. Guarantee of hidden defects and defects
7.4.2.1. Legal guarantees
Customers have a legal guarantee of compliant issuance (article 1604 of the civil code), a legal guarantee against hidden defects (articles 1641 and s. Of the Civil Code) and a security guarantee (articles 1245 and s .
Customers with the quality of consumers also have a legal guarantee of compliance (articles L. 217-4 and s. Consumer code).
7.4.2.2. Conventional guarantee
The products benefit, in addition to the legal warranty, from a conventional guarantee of compliance on French territory, of a period of 1 years from the delivery of the product.
7.4.2.3. Back
In order to implement the guarantee, it is up to the customer to return the product to the editor's headquarters, accompanied by an explanatory letter by asking for either the repair, the exchange, or refund.
In any event, the customer is asked to follow precisely the instructions of the Publisher relating to the return of the products.
The return costs of the product remain the responsibility of the customer, except for consumer customers implementing the guarantee of compliance of articles L. 217-4 and S. consumer code.
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The consumer customer has a period of 2 years from the issuance of the property to act with the seller. As such, he can choose between the repair or replacement of the product, subject to the cost conditions provided for in article L.217-9 of the Consumer Code. Finally, the Customer is exempt from reporting proof of the existence of the lack of compliance of the product during the 24 months following the issuance of the said product, except for second -hand goods.
If necessary, the legal compliance guarantee applies independently of the commercial guarantee.
When the consumer customer decides to implement the guarantee of hidden defects, he can choose between the resolution of the sale or a reduction in the sale price. |
Article 8. Final stipulations
8.1. Applicable law
These general conditions are subject to the application of French law.
8.2. Changes from these General Conditions
These general conditions can be modified at any time by the Publisher. The general conditions applicable to the Customer are those in force on the day of their order or its connection to this site, any new connection to the personal space taking acceptance if necessary new general conditions.
8.3. Disputes
Under the ordinance n ° 2015-1033 of August 20, 2015, all disputes with a consumer client who could arise within the framework of the execution of these general conditions and whose solution could not be found beforehand amicable between the parties should be subject to Medicalys: www.medicalys.fr.
In addition, the consumer customer is informed of the existence of the online dispute settlement platform, accessible to the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
Any dispute relating to this contract or in relation to it will be decided by arbitration in accordance with the regulation of the Digital Arbitration and Mediation Institute: www.fast-arbiter.com.
8.4. Full
The nullity of one of the clauses of this contract will not result in the nullity of the other clauses of the contract or the contract as a whole, which will keep their full effect and carried. In such a hypothesis, the parties will have to replace the stipulation canceled by a valid stipulation corresponding to the spirit and object of the present stipulation.
8.5. Non-renunciation
The absence of exercise by the Publisher of the Rights recognized by these can in no way be interpreted as a waiver to assert the said rights.
8.6. Phone canvassing
The customer is informed that he has the possibility of registering on the list of opposition to canvassing at the address http://www.bloctel.gouv.fr/.
8.7. Languages of these General Conditions
These general conditions are offered in French.
8.8. Abusive clauses
The stipulations of these General Conditions apply subject to compliance with the imperative provisions of the Consumer Code concerning abusive clauses in contracts concluded between a professional and a consumer.
Legal notices
applicable from 31/10/2020
Article 1. Publisher
You are currently connected to the website ichalalen-cosmetiques.fr, edited by Cosmetics Ichalalen, Self-employed recorded at the RCS of Couëron in France under the number 790077598, head office: 77 bis boulevard de la Liberation , France, Email: contact@ichalalen-cosmetiques.fr, VAT not applicable, article 293b of the CGI, below "the Publisher" and any person, physical or legal, of private or public law, registered on the site to buy a product, below "the customer" .
Article 2. Host
Information relating to the legal and technical accommodation of this site appears at the address: https://www.shopify.fr/legal/mentions-legales