GENERAL TERMS AND CONDITIONS OF SALE
www.lodaites.com (hereinafter the "Site") is an e-commerce site accessible via the Internet. It is open to any user of this network. It is published by the NABILA & SOEURS Company, Inc. with capital of 20 000 euros, whose headquarters is in 3 street Bixio, 75007 Paris, registered with the Trade and Companies of Paris under number 531 842 797. The telephone number for entering into contact with the NABILA & SOEURS Company are the + 33 1 47 05 02 45 for the phone (available Monday to Friday from 9 h 19 h) the + 33 1 47 53 61 14 for fax and email@example.com for the email address. The Site allows NABILA & SOEURS propose the sale of cosmetic products (hereinafter "Products") to Net surfers sailing on the Site (hereinafter referred to as "Users"). For the purposes hereof, it is agreed that the User and NABILA & SOEURS will be collectively called the "Parties" and that the User having validated an order will be referred to as "Buyer". User rights and obligations necessarily apply to the buyer.
Destination of products
NABILA & SOEURS specifically reserves the sale of non-professional buyers to the products, buying products to personal use. Without the sale may take place under the conditions of this contract. NABILA & SOEURS therefore reserves the right to require proof of unprofessional shopping destination in case of orders above €1200 (1200 euros).
Legal capacity of the Buyer
The User wishing to purchase on the Site, states have full legal capacity. As such, the responsibility of NABILA & SOEURS can not be held on the verification of legal capacity of its customers.
Geographical demarcation of the offer
NABILA & SOEURS intend to restrict its contractual relationship with Buyers residing within the European Union, the USA and Switzerland. The online sale of products offered on the Website is accordingly for buyers who reside in the European Union, the USA and Switzerland.
Article 1. Object
These general conditions of sale are intended to define the rights and obligations of the Parties arising from the online sale of products offered on the Website. The Purchaser declares having read and ordering one or more products from the Buyer takes its express and unconditional acceptance to these terms of sale.
They prevail over any other document.
NABILA & SOEURS reserves the right to modify and update without notice these General Terms and Conditions.
The General Conditions of Sale applicable are those in line when the final confirmation of the order online.
Article 2. Products - Price
The Products offered for sale by NABILA & SOEURS and governed by these Conditions of Sale are those listed on the site the day of the final confirmation of the order and in the stocks.
Photos Products on the Site are not contractual.
The essential characteristics of the products are made known to the User before the confirmation of the order, with the presentation of the product and its description.
Product prices are indicated in euros all taxes included (TTC). They take into account the VAT applicable on the date of order.
NABILA & SOEURS reserves the right to change prices without notice. The products will be billed based on rates in effect at the time of the final validation of the order, subject to the availability of such products.
In case of manifest error in setting the price, exclusive of any will to NABILA & SOEURS of contracting these conditions, and generates the contract void for lack of cause; the customer will be asked to return the products against refund or to contract in accordance with new conditions that will be proposed.
Price is plus postage at the following rates:
Free shipping for purchases over
Metropolitan France, Monaco
Italy, United Kingdom, Spain, Germany, Austria, Belgium, Luxembourg, Netherlands, Portugal, Switzerland, USA
Other countries of the EU
Taxes and customs duties can be applied beyond the price and shipping cost for shipments to Switzerland.
The Purchaser shall have the ability to view the price includes postage and any additional fees before the final confirmation of his order.
Any delivery to a country outside the European Union and other than Switzerland is governed by the provisions of Article 4.2.4.
2.3. Product Availability
All bids submitted are valid subject to availability and subject to availability.
Product availability is indicated at the time of confirmation of the order. The accuracy of this information device can not however be guaranteed. In case of unavailability occurring after the final confirmation of the order, the customer will be informed of the option to cancel the order or keep for an extension of the shipment.
The Buyer will be informed of the possibility of substituting, with prior approval, a product of a quality and a price equivalent.
In case of total cancellation of the order to unavailability, the Buyer will be repaid within a maximum of thirty (30) days. In case of partial cancellation of the order, sending the rest of his command without the Product Out will be offered and the balance will be refunded within a maximum of thirty (30) days.
Article 3. Registration and confirmation of the order
3.1. Navigation within the site
Users can freely browse the pages of the Site without being committed to an order.
Internet connection charges are entirely dependent.
3.2. Saving a command
If the user wishes to order, he chooses the different Products in which he has an interest, and manifest such interest by clicking on the box labeled "ADD TO CART". At any time, the User may obtain a summary of the Products selected or alter his order, by clicking on "CHECKOUT". A summary of the order will appear on the screen. If the list submitted to it corresponds to the Products he has chosen, the user can continue the order by clicking on "I validate my basket." The User must then identify, either by entering their email address and password, if customer or by completing the form accurately made available, on which he will notably include the information necessary to identify and in particular name, postal address. The User is informed and accepts that the seizure of any identifier is worth proof of identity and exempts NABILA & SOEURS of any responsibility in case of identity theft.
3.3. Final command validation - secure payments - reservation
The Buyer will have the opportunity to verify the details of his order and its total price to correct any errors, through a summary of the order sent to him before the final confirmation thereof by the payment.
The validation of the order by the Buyer implies acceptance without restriction or reservation prices and descriptions of products, as well as general conditions of sale. The payment is made integrally in one go.
After learning of the status of his order and once all requested information has been indicated by the user, it will click on the button "I validate my cart" to pay his order by using the services of PayPal secure payment. The User pays its purchases with the secure payment system PayPal, the secure site www.paypal.com, by credit card (Visa, Mastercard, or credit card, etc ...). It shall state the name on the card, the card number, expiry date and the control code on the back of the card. All information exchanged to process the payment is encrypted using SSL (Secure Socket Layer). These data can not be detected, intercepted or used by third parties. Business processes and technical solutions used by PayPal meet high standards for secure exchange and protection of banking data. As soon as the payment is validated, the User's order is recorded and becomes irrevocable. The User becomes Buyer. The order is recorded on computer records NABILA & SOEURS, themselves stored on a reliable and durable, and will be considered as proof of the contractual relationship between the Parties.
NABILA & SOEURS reserves ownership of delivered Products until full payment.
3.4. Order confirmation - suspended or canceled
When the Buyer validates the payment, a confirmation of the order and payment will be immediately sent to him via e-mail, e-mail address given by him at the time of identification. It will be recalled in particular the order number and the transaction number.
This confirmation will be accompanied by these Conditions of Sale, including the withdrawal form as provided for in Article L121- 17 I 2 ° of the French Consumer Code, the document appended to these Terms.
A third e-mail will be sent to Buyer upon shipment of the order. NABILA & SOEURS recommends the customer to keep these three e-mails on a paper or computer. The invoice will be sent by a fourth email.
Also, in case of error input the address of concerned e-mail, or non-receipt of order confirmation email message, responsibility NABILA & SOEURS could not be committed.
NABILA & SOEURS reserves the right to cancel any order after its final validation for legitimate reasons and objectives. These reasons may include: acquisition of products by the Buyer for professional purposes, out of stock, fraudulent order or in bad faith, existing dispute with the Buyer on the payment of a previous order. In this case, NABILA & SOEURS inform as quickly as possible the Purchaser by sharing the reasons for the refusal. The latter will be offered the maintenance of order on different terms or full refund in case of desire NABILA & SOEURS permanently cancel the order.
NABILA & SOEURS reserves the right to suspend or cancel any order and / or delivery in case of default of the Purchaser of incident of payment and / or fraud in the use of the site or through payment chosen by the Buyer.
Article 4. Delivery
The order will be shipped at the latest within thirty (30) working days from the date of receipt by NABILA & SOEURS of the order confirmation and payment. This deadline is valid for France and Monaco. For other countries the delivery period is extended to forty-five (45) working days.
According to Article L138- 2 of the Consumer Code, in the event of late delivery in relation to aforementioned deadlines, the Purchaser may require NABILA & SOEURS to run within a reasonable time by registered letter with acknowledgment of receipt or written on any other durable medium. If this injunction remains unanswered the Purchaser may terminate the contract by registered letter with acknowledgment of receipt or written on any other durable medium.
The contract will be resolved upon receipt by the professional letter or written informing of the resolution, unless the professional will be executed in the meantime.
NABILA & SOEURS not responsible for delays in delivery due to force majeure, the fact of a third to a fault attributable Buyer.
4.2. Methods of delivery
Products will be sent to the shipping address that the Buyer indicated during the process of his order. If a mistake when entering the delivery address by the Buyer's responsibility NABILA & SOEURS could not be committed.
The User is informed that NABILA & SOEURS entrusts the entire transport company MAIL, with the Colissimo service, involving overseas local postal services, according to the specific delivery rules MAIL and its foreign partners, without the responsibility of NABILA & SOEURS being incurred due to the application of these rules.
Responsibility for NABILA & SOEURS not be engaged for any damage generated by the delivery by MAIL.
All the risks of theft, loss or damage to the goods are transferred to the Buyer when the actual delivery to the address provided on the order.
The computer system of flashing the local postal service confirms delivery.4.2.1. Apparent damage
At the reception, in case of visible damage on the package, the Buyer shall refuse to issue the package or have reservations on the receipt that is provided at reception. Otherwise, the Purchaser shall return the unopened package to your local post office or at any place indicated by the carrier and convey its reservations to the carrier (company POST) within three (3) working days.
NABILA & SOEURS will also be notified of these formalities by electronic mail with AR at firstname.lastname@example.org or by registered mail AR, within the said period of three (3) days of receipt.
When the Buyer personally take delivery of the package and when the delivery service company's Colissimo MAIL does not justify having left him the opportunity to actually check their condition, the delay in return of the parcel or of reservations is ten (10) working days.
4.2.2. Compliance Products
Buyer must verify the conformity of products to the order. If an anomaly (missing or broken product, product does not conform to the one ordered etc.); Buyer must inform NABILA & SOEURS by registered letter with acknowledgment of receipt or by writing on another durable medium, such as an e-mail with acknowledgment of receipt addressed to email@example.com.
For health and safety reasons the people, no substitute which was unsealed cardboard packaging can be made. For the same reasons and for products without carton, they will not in any case have been opened and, for example, the pump must not have been activated or the opening or sealing system should not have been actuated.
Non-conforming products must be returned in their packaging and the original packaging. This return must be accompanied by a letter detailing the Buyer references, the number and date of invoice, the reference product and the reason for the request. NABILA & SISTERS reserves the right to verify the returned Products), to study the pattern of demand and therefore whether to proceed to the replacement of products without any compensation being due. In case of non-compliance return costs are the responsibility of NABILA & SOEURS.
4.2.3 Failure to deliver
No dispute on the delivery itself is possible if the package appears to have been delivered, the automatic system (flashing) The postmark.
NABILA & SOEURS disclaims all liability for failure to deliver in delivery due to force majeure, the fact of a third to a fault attributable Buyer.
4.2.4. Delivery outside the EU and Switzerland
If the Buyer requests that its order delivered in the country other than one of the countries of the European Union or Switzerland, it is for him to report to Nabila & Sisters during the order validation process.
It will be solely responsible, as regards the conformity of the delivery to the regulations applicable in the country of destination, including customs and health matters.
Nabila & Sisters can not be held liable since the recipient takes possession of the goods ordered.
The contracting partner and interlocutor Nabila & Sisters remains the Buyer, who alone may request the application of this contract.
Article 5. Responsibility
Responsibility for NABILA & SOEURS will in no event be held liable for direct or indirect damages, foreseeable or not, arising from use Site.
The Buyer is solely responsible for determining whether the products correspond to the specific use intended.
Based on the clause "Warranty" below and within the limits defined by law, the responsibility of NABILA & SOEURS for breach of its obligations defined in the Terms of Sale or other legal provisions (y including the inherent flaws in the product) is limited to a refund of the price paid by the buyer, or replacement of the offending products.
Article 6. legal guarantees products - compliance and hidden defects
NABILA & SOEURS is subject to the statutory warranty conditions laid down in Articles L211- 4, 5 and L211- L211- 12 and following of the Consumer Code and sections 1641 and 1648 and following of Civil Code.
"The seller must guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use that the buyer would not have acquired, or n ' have paid a lower price if he had known.
The action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect.
The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery.
It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under his responsibility.
To comply with the contract, the product must:
1 ° Be suitable for the purpose usually of a similar property and, where applicable:
- match the description given by the trader and possess the qualities that he has presented to the buyer as a sample or model;
- the features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
2 Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.
The action resulting from lack of conformity lapses two years after delivery of the goods. "
Article 7. Commercial warranty
NABILA & SOEURS provides no commercial guarantee in excess of legal guarantees.
Article 8. Right to retract
For health and safety reasons individuals, no right of withdrawal may be exercised for products whose packaging was unsealed card can be made. For products without cardboard packaging, these should not in any case have been opened, for example, the pump must not have been activated or the opening or sealing system must not have been actuated.
NABILA & SOEURS reserves the right to check these elements to receiving products and possibly refuse the exercise of the right of withdrawal if it considers that these conditions have not been met.
The buyer has a period of fourteen (14) calendar days to submit to NABILA & SOEURS its willingness to withdraw. This period runs from the receipt of the order of day. Buyer to exercise this right of withdrawal must within that time inform NABILA & SOEURS of his decision to withdraw, for example by registered mail with return receipt, or by writing on another durable medium, such as a e-mail with acknowledgment of receipt addressed to firstname.lastname@example.orgIt may use the standard form of withdrawal which has been supplied to him at the time of confirmation of the order and which is annexed to these Terms. The Buyer shall then return, at its expense, the (s) Product (s) in its (their) original condition, namely in their packaging, accessories and instructions included, no later than fourteen ( 14) calendar days following the communication of its decision to withdraw at the following address: NABILA & SOEURS - 3 street Bixio - 75007 Paris FRANCE. We recommend that you keep the receipt obtained by the carrier until you are sure that your package has been received by NABILA & SOEURS. We may ask you to produce it if we do not receive your package. If the above conditions are met, NABILA & SOEURS reimburse the Purchaser the total amount paid by the Buyer as soon as possible and at the latest within fourteen (14) calendar days following the date NABILA & SOEURS was informed of the decision of the Buyer to withdraw. NABILA & SOEURS reserves the right to defer settlement until recovery (es) product (s). The initial delivery shipping costs are included, except for the return costs are borne by the Buyer. When the period of fourteen (14) calendar days expires on a Saturday, Sunday or a holiday or holiday, it is extended to the next business day.
The right of withdrawal of the Purchaser shall apply only to a buyer who is a consumer, that is to say, any person who acquires or uses exclusively for non-business products placed on the market by NABILA & SOEURS.
Article 9. Computing and freedom
Article 10. Force majeure
In case NABILA & SOEURS be delayed or unable to perform the obligations under the order following an unforeseeable event beyond its control, NABILA & SOEURS will not be held responsible and the deadline for s 'in pay will be extended to the duration of the event considered as force majeure.
Article 11. Partial invalidity
If one or more provisions of these terms and conditions of sale are held to be invalid or declared as such under any law, regulation or following a final decision of a competent jurisdiction, the remaining provisions remain in full force and effect.
Article 12. Entire agreement
These general conditions of sale and the order summary sent to the Buyer form a contract and constitute the entirety of the contractual relations between the Parties. In case of contradiction between these documents, the terms and conditions shall prevail.
Article 13. Intellectual property
The group companies that owns NABILA & SOEURS and / or NABILA & SOEURS own all the intellectual and industrial property related to Websites and brand NABILA & SOEURS or hold usage rights pertaining thereto.
Access to this website does not grant the user any right to the intellectual property rights relating to the Site which remain the exclusive property of Group companies belongs NABILA & SOEURS and / or NABILA & SOEURS.
The general structure of the site, but the items available on the Site, such as text, photographs, animated images, icons, maps, sounds, videos, software, databases, data and all other components of the Site is the property of the group companies that owns NABILA & soeurs and/or NABILA & SOEURS.
The User may not in any case reproduce, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or operate in any manner whatsoever, all or part of the Site without the prior written permission of group companies that owns NABILA & SOEURS. The User is informed that this prohibition applies in particular, but not exclusively, practices such as scrapping or the use of robots for extraction, reproduction of any portion of the Site, including product offerings that are are presented, including for commercial purposes.
The User is not allowed to be inserted in a frame or utilize framing techniques ( "framing") to insert a trademark, logo or any other information (including images, text, page layout or form) the group of which NABILA & SOEURS and / or and / or NABILA & SOEURS without their prior express written consent. It is not allowed to use meta tags or any other "hidden text" using the name or trademarks in the group to which NABILA & SOEURS and / or NABILA & SOEURS without their prior express written consent.
The operation not previously authorized by the group to which NABILA & SOEURS, and / or NABILA & SOEURS, for any reason whatsoever, of all or part of the Site may be subject to appropriate action, including a infringement action. The inclusion of hyperlinks to any part of the Site is prohibited without prior written authorization of the group that NABILA & SOEURS and / or NABILA & SOEURS.
Article 14. Applicable law - mediation - jurisdiction
Sales of NABILA & SOEURS products are subject to French law, both for the substantive rules for the form of rules, regardless of the country of residence of the buyer and place of issuance of the Order.
According to Article L133- 4 of the Consumer Code, the Purchaser is informed by NABILA & SOEURS its possible use before any judicial procedure, a conventional mediation or other alternative dispute of disputes.
FOR ANY DISPUTE, EXPRESS COMPETENCE IS ATTRIBUTED TO THE JURISDICTION OF PARIS NOTWITHSTANDING MULTIPLE DEFENDANTS OR WARRANTY, EVEN FOR EMERGENCY PROCEDURES OR PROTECTIVE PROCEEDINGS, INTERIM OR REQUEST.
Article 15. Attachments
To the attention of ............................................. [insert here the professional's name, geographical address and, where available, fax number and email address] :
I / We (*) notifies you / Notifies (*) by my / our (*) Cancellation of the contract for the sale of the property (*) / for the provision of services (*) below:
Ordered on the(*)/received on the(*):
Name (s) Consumer (s):
Address (of) consumer (s):
Signature (of) consumer (s) (only if notification of this form on paper):
(*) Delete as appropriate.
Send the letter by registered letter with acknowledgment of receipt.