ARTICLE 1 - PURPOSE AND SCOPE
These terms and conditions (hereinafter "GTC") apply to all sales made by JOED BEAUTY for products offered on the website www.finallyness.com (hereinafter "Product") to consumer customers (non-professional) (hereinafter "Customer"). To order a Product to JOED BEAUTY implies express and unreserved acceptance of the General Terms and Conditions by the Customer being the consumer, which declares ordering for non-professional purposes. Terms & conditions prevail over all other terms and conditions or other commercial documents, without prior written acceptance of JOED BEAUTY. The contract with JOED BEAUTY only consists in the GTC and the specific conditions mentioned in the summary of the order (hereinafter "the Contract"). Any Customer contrary condition will, in the absence of express acceptance, unenforceable against JOED BEAUTY, regardless of when it may have been brought to its attention.
ARTICLE 2 - IDENTITY OF SELLER
JOED BEAUTY is a company with a capital of € 20,000, registered at the RCS Lyon under number 812 266 807. Its registered office is at 41 rue Louis Guérin 69100 Villeurbanne. JOED BEAUTY Sales Department can be contacted for any questions or information by e-mail at the following address: firstname.lastname@example.org
ARTICLE 3 - RATES
3.1 - Price of products: Products are sold at prevailing prices on the website www.finallyness.com (hereinafter "Site") at the time of placing the order. In all cases, the prices are in euros all taxes included. These prices do not include shipping and transport, which are charged extra. All duties, taxes, fees or other benefit payable under French regulations, an importing country or a transit country are at the Customer. In particular, any change in VAT rate will be applicable at the time of confirmation of the order by the Customer.
3.2 - Delivery costs: The amount of shipping is calculated according to the weight and bulk of the delivered products and the delivery location. The costs of delivery indicated to the Customer before any order validation. It is expressed all taxes included.
ARTICLE 4 - CREATION OF A PERSONAL SPACE
The placing of an order to JOED BEAUTY requires first to create a personal space on the website (hereinafter "Personal Space").
4.1 - How to Create: To create a personal space, Customer must visit the site and complete the required fields on the registration form. Each customer can only create one profile for his personal account.
4.2. - Management of IDs: The IDs, login and password to access the personal space are chosen by the customer taking into account the availability given the IDs already created by other Clients. These identifiers are strictly personal and must be kept secret by the Customer is responsible. In case of loss or theft of his password or any unauthorized use of his personal space, it is the Customer's contact JOED BEAUTY so that it can communicate new password.
4.3 – Activation of the Personnal Space: By enabling the creation of her/his personal space, the Customer:
* Recognizes she/he could check and modify, if necessary, the information made therein;
* Guarantees for providing accurate, current and complete information about her/his identity and contact information.
Once the Client has approved the creation of her/his personal space, JOED BEAUTY dispatches a confirmation email with an activation link.
4.4 - Updating of the Personnal Space: The Customer undertakes to regularly update all of her/his personal information in his personal space in order to preserve their accuracy.
ARTICLE 5 - ORDER
To order, the customer must go to the website www.finallyness.com and connect to her/his personal space.
By validating the order, the Customer expressly accept the Terms and Conditions without restriction or reservation. After validation of the order by the Customer, JOED BEAUTY confirms it by email. Once the order is confirmed, the Customer may follow the treatment of it by accessing his personal space on the site. In case of unavailability of a product, JOED BEAUTY inform the Customer and can either cancel the order or propose a later delivery date. Further, JOED BEAUTY reserves the right to refuse or cancel any order or delivery in case of:
* Exceeding the following limits:
- Order amount exceeding the sum of five hundred (300) euros;
- And / Or order exceeding five (5) products of the same reference during a single sale and / or a period of one (1) month,
* From existing dispute with the Client,
* In total or partial non-payment of a previous order by the Customer,
* From refusal to authorize payment by credit card banking organizations,
* In non-payment or partial payment.
Where appropriate, The Client will be reimbursed for the sum paid based on the order cancelled at the latest within thirty days from the date of cancellation of the order.
ARTICLE 6 - PAYMENT
6.1 - Payment: Customers can pay her/his purchases by credit card. Only the following credit cards are accepted: Carte Bleue, Visa, Mastercard, Eurocard, Amex. The Customer must indicate the number of his card, expiration date, name of the card holder and the security code directly into the area provided for this purpose. The order amount is debited at the time of confirmation of the order by JOED BEAUTY. To secure credit card payments, JOED BEAUTY uses technology "3D Secure" which requires the introduction of data to verify that the customer is the card holder. This system allows to preserve the integrity and confidentiality of exchanges so that the transmitted information is encrypted by software and are not communicated to JOED BEAUTY. Furthermore, no third party can read it in transit on the network. In case of fraudulent use of his credit card, the Customer is to inform JOED BEAUTY upon the finding of such use.
6.2 - Billing: An invoice is established by JOED BEAUTY and transmitted to the Customer with the delivery of the order. It will also be available on his personal space. No discount will be granted for early payment.
ARTICLE 7 - PROPERTY RESERVE
The product(s) ordered remain the property of JOED BEAUTY until full payment is received by JOED BEAUTY. In case of incident of payment, the Customer agrees to return to JOED BEAUTY the product(s) receipt(s) and, upon first request. However, at the effective date of taking possession of (the) product(s), risks (including loss, theft or damage) relating to the product(s) delivered are borne by the Customer.
ARTICLE 8 - DELIVERY
8.1 - Place of delivery: The products can be delivered anywhere in the world. When the order is shipped, a shipping confirmation email is sent to the Customer. Products ordered by the Customer will be delivered to the address as provided when ordering.
8.2 - Delivery time: The delivery deadline is mentioned to the Customer before the order validation.
8.3 - Delivery delay: In case of delayed delivery upon receipt of the e-mail informing the customer of the shipment of the Products, the Customer must report the delay within eight days at the customer service JOED BEAUTY , sent by email to email@example.com. If necessary, JOED BEAUTY may approach postal services to initiate an investigation, being specified that a postal survey can only be triggered 48h00 after shipping the package.
In accordance with the Article L138-2 of the Consumer Code, in the event of late delivery, the Customer may direct JOED BEAUTY by registered letter with acknowledgment of receipt or written on another durable medium, to make the delivery within a reasonable additional period. If JOED BEAUTY did not execute the order within this period, the Customer may rescind the contract by registered letter with acknowledgment of receipt or written on another durable medium. The Contract is considered resolved upon receipt by JOED BEAUTY of the letter or other writing informing it of the resolution, unless JOED BEAUTY has executed the command meantime. JOED BEAUTY is required to reimburse the Client the total amount paid at the latest within fourteen days from the date the contract was terminated.
ARTICLE 9 - RECEPTION
On receipt of the product(s) ordered, the Customer must check the conformity of this (these) product(s). Any anomaly concerning the delivery (missing or broken product, damaged package ...) must imperatively be notified within 3 business days after reception to the Carrier and the Customer Service by email: firstname.lastname@example.org. These reserves must be sufficiently accurate and comprehensive to establish the existence and extent of damage.
ARTICLE 10 - RIGHT OF WITHDRAWAL
10.1 - Exercise of the right of withdrawal: the Customer has the right to withdraw from the contract without giving any reason, within fourteen days, provided that the product is intact, in the original state. It must not have been used. The withdrawal period ends fourteen days after the day:
* Either the Customer or a third party other than the carrier and indicated by the Client, takes physical possession of (the) product(s);
* Either the Customer or a third party other than the carrier and indicated by the Client takes physical possession of the last product in the event that several products have been ordered by the Customer using a single order and if these products are supplied separately.
To exercise the right of withdrawal, the Customer must notify JOED BEAUTY - 41 rue Louis Guérin 69100 Villeurbanne - email: email@example.com - its decision of withdrawal of the Contract through a unequivocal statement (eg : a letter sent by mail or email). Customer may use the withdrawal form attached as Annex 1 Specimen to GTC but this is not mandatory. To comply with the withdrawal period, Customer only has to transmit its communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
10.2 - Withdrawal effects: In case of cancellation of the Contract by the Customer, the Customer must return the product(s) to JOED BEAUTY without undue delay and in any event, not later than fourteen days after the Customer has communicated its decision of withdrawal of the Contract. This deadline is met if the customer returns the product(s) before the end of the fourteen day period. The Customer must support the direct cost of returning the product(s) except in the case of an error attributable to JOED BEAUTY.
JOED BEAUTY will reimburse all payments received from the Customer, including delivery charges (excluding additional costs arising from the fact that the customer has chosen, if necessary, a type of delivery other than the least expensive way of standard delivery proposed byJOED BEAUTY) without undue delay and in any event within fourteen days from the day JOED BEAUTY is informed of the decision of the Customer to withdraw from the Agreement. JOED BEAUTY will refund using the same means of payment used by the Customer for the initial transaction, unless the client expressly agrees to the use of a different way; in any event, such reimbursement will not cause costs for the Client. The responsibility of the Customer is liable for any depreciation of the product(s) resulting from the handling other than those necessary to establish the nature and characteristics of the product(s).
ARTICLE 11 - WARRANTY
All products sold by JOED BEAUTY benefit from the legal guarantee of conformity (Articles L 211- 4 to L.211-14 of the Consumer Code) and the guarantee against hidden defects (articles 1641 to 1649 of the Civil Code) according to the conditions set out in the legal texts.
In accordance with Article L133-3 of the Consumer Code, the Customer is informed that when acting legal guarantee of conformity, he/she:
* Benefits from a period of two years from delivery of the product to act;
* Can choose between repair or replacement of the goods subject to the conditions laid down in Article L. 211-9 of the Consumer Code;
* Is provided to prove the existence of the lack of conformity of the property during the six months following the delivery of the goods. This period is extended to twenty-four months starting on 18 March 2016, except for used goods.
The legal guarantee of conformity is applicable irrespective of the commercial guarantee eventually granted. The Customer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between canceling the sale or reduction of the purchase price in accordance with Article 1644 of the Civil Code.
ARTICLE 12 - USE PRODUCT REQUIREMENTS
The Customer acknowledges and agrees that the Products sold by Joed BEAUTY must be used as prescribed use of products listed on the website and on the leaflet accompanying the products.
ARTICLE 13 - LIABILITY
The responsibility of JOED BEAUTY shall under no circumstances be held liable if the customer does not use the products according to the requirements for the use of products listed on the website and on the leaflet accompanying the products. In general, JOED BEAUTY is not liable when improper performance or non-performance of obligations resulting from the sale is attributable to the Customer or to the unpredictable and insurmountable a third contract, or to a case force majeure as defined by case law, ie including social conflicts, intervention by civil or military authorities, natural disasters, fire, water damage, interruption of the telecommunications network or the power grid, external intrusion or presence of computer viruses.
ARTICLE 14 - DATA PROTECTION
The personal data requested from the Customer is required to process the order. The Customer acknowledges and agrees that the order will not be processed if information is incomplete, outdated or inaccurate. In accordance with the Data Protection Act 78-17 of 6 January 1978, the Customer has a right to access, to modify, to rectify and to oppose as regards information about him/her. To this end, the Customer may make changes by accessing his/her personal space. It may also address any application with a copy of an ID at JOED BEAUTY at the following address: JOED BEAUTY - 41 rue Louis Guérin 69100 Villeurbanne - FRANCE. The website has been declared to the CNIL, French authority of protection of personal data under number: 1877655.
ARTICLE 15 - COOKIES
15.2 – As to date, JOED BEAUTY does not collects nor treats any personal information called "behavior" of the Client, as defined by Order No. 2011-1012 of 24 August 2011 on electronic communications. Any implementation of « behavior » cookies on the webite by JOED BEAUTY will be the subjected to prior express consent of the Client on the website.
ARTICLE 16 - INTELLECTUAL PROPERTY
All elements of the website, whether visual or audio, including the underlying technology, and products are protected by intellectual property rights such as copyright, trademark or patent. They are the exclusive property of JOED BEAUTY or its suppliers. Any reproduction or reuse, in full or partly, in any medium is prohibited. Failure to comply with this prohibition constitutes an infringement and may result in civil and criminal penalties. The Customer who has a personal website and wishes to place, for personal use on his/her website a simple link pointing directly to the JOED BEAUTY website must request written authorization prior to JOED BEAUTY, without this authorization is considered as an implicit agreement of affiliation. In all cases, any link must be removed at the request of JOED BEAUTY.
ARTICLE 17 - PARTIAL INVALID
If one or more specifications of the GTC are required for non-valid or declared as such under any law, regulation or following a final decision of a competent court, other provisions shall remain in full force and scope.
ARTICLE 18 - APPLICABLE LAW - DISAGREEMENT
The Terms and Conditions are subjected to French Law. Pursuant to Article L.133-4 of the Consumer Code, the Customer is informed by JOED BEAUTY of the possibility to resort to a conventional mediation or other alternative dispute resolution in case of a disagreement .