General conditions of sale and use
Article 1 – Definitions
These General Conditions of Sale (hereinafter the “GTC”) are offered by the company Léa MakeUp. We will designate hereafter:
- “Site”: the site www.lea-makeup.com and all of its pages.
- “Products” or “Services”: all the products (materials) and services (services) that can be purchased or to which it is possible to subscribe on the Site.
- "Seller": Léa MakeUp, legal or natural person, offering its Products or Services on the Site.
- "Customer": the Internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.
- "Consumer", in accordance with the definition of the preliminary article of the Consumer Code: "any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, artisanal or liberal activity".
The Internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these T&Cs carefully, to print them and/or save them on a durable medium, before placing an order on the Site. The Customer acknowledges having read the T&Cs and accepts them in full.
Article 2 – Application of the T&Cs and purpose of the Site
The Seller reserves the right to modify the GCS at any time by publishing a new version of them on the Site. The T&Cs applicable to the Customer are those in force on the day of their order on the Site. The legal information concerning the host and the publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notices and the data charter of this Site. This Site offers the online sale of various products. The Site is open and free to all Customers. The acquisition of a Product or a Service implies the acceptance, by the Customer, of all of these GCS, who acknowledges by the same fact having read them fully. This acceptance may consist, for example, for the Customer, in checking the box corresponding to the sentence of acceptance of these GCS, having for example the mention " I acknowledge having read and accepted all the general conditions of the Site ". Ticking this box will be deemed to have the same value as a handwritten signature from the Customer. The acceptance of these GCS assumes on the part of the Customers that they have the legal capacity necessary for this. If the Customer is a minor or does not have this legal capacity, he declares to have the authorization of a guardian, a curator or his legal representative. The Customer acknowledges the evidentiary value of the Seller's automatic recording systems and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
Article 3 – Creation of a customer account
The creation of a "customer account" is an essential prerequisite for any Customer order on this Site. To this end, the Customer will be asked to provide a certain amount of personal information such as his first and last name, his email address, his postal address and his telephone number, this list not being exhaustive. As such, the Customer undertakes to provide accurate information. The Customer is responsible for updating his data.He must therefore notify the Seller without delay in the event of a change. The Customer is solely responsible for the veracity, accuracy and relevance of the data provided. The Customer registered on the Site has the possibility of accessing it by logging in using his identifiers (e-mail address defined when registering and password) or possibly by using systems such as third-party social network connection buttons. . The Customer is fully responsible for protecting the password he has chosen. It is encouraged to use complex passwords. If the password is forgotten, the Customer has the option of generating a new one. This password constitutes the guarantee of the confidentiality of the information contained in its “my account” section and the Customer is therefore prohibited from transmitting it or communicating it to a third party. Otherwise, the Seller cannot be held responsible for unauthorized access to a Customer's account. The customer account allows the Customer to consult all his orders made on the Site. If the data contained in the customer account section were to disappear following a technical breakdown or a case of force majeure, the responsibility of the Seller could not be engaged, this information having no probative value but only a character informative. The pages relating to the customer account are freely printable by the Customer holding the account in question but do not constitute proof, they are only informative in nature intended to ensure effective management of his orders or contributions by the Customer. Each Customer is free to close his account on the Site. For this, he must send an e-mail to the Seller indicating that he wishes to delete his account. No recovery of his data will then be possible. The Seller reserves the exclusive right to delete the account of any Customer who has contravened these GCS (in particular, and without this example having any exhaustive character, when the Customer has knowingly provided erroneous information, when registering and of the creation of his personal space) or any account that has been inactive for at least a year. Said deletion will not be likely to constitute damage for the Customer who will not be able to claim any compensation for this fact. This exclusion does not exclude the possibility for the Seller to take legal action against the Customer, when the facts have justified it.
Article 4 – Method of subscribing to orders and description of the purchasing process
The Products and Services offered are those listed in the catalog published on the Site. Each Product is accompanied by a description established by the Seller based on the descriptions provided by the supplier. The photographs of the Products in the catalog reflect a faithful image of the Products and Services offered. We will define below as "Basket" the intangible object grouping all the Products or Services selected by the Customer of the Site for a purchase by having clicked on these elements. In order to proceed with his order, the Customer chooses the Product(s) he wishes to order by adding them to his "Basket", the content of which may be modified at any time. As soon as the Customer considers that he has selected and added to his basket all the Products he wishes to buy, he will have the possibility, to validate his order, to access his basket by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will be informed of the number and characteristics of the Products ordered, as well as their unit price.If he wishes to validate his order, the Customer must tick the box relating to the ratification of these GCS and click on the validation button. The Customer will then be redirected to a page in which he must fill in the order form fields. In the latter case, he will have to fill in a certain number of personal data concerning him, necessary for the smooth running of the order. All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions, or cancel the order, until its validation. Once the Customer has completed the form, he will then be invited to make his payment with the means of payment listed in the section of these GCS relating to payments. After a few moments, the Customer will be sent an e-mail confirming the order, reminding him of the content of the order and the price thereof. The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.
Article 5 – Price and terms of payment
Unless otherwise stated, the prices listed in the catalog are prices in Euros, all taxes included (TTC). Léa MakeUp reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to modify its prices at any time. However, the price appearing in the catalog on the day of the order will be the only one applicable to the Customer. The Customer can place an order on this Site and can make payment by Credit Card, Paypal. Payments by credit card are made using secure transactions provided by an online payment platform provider. This Site does not have access to any data relating to the Customer's means of payment. Payment is made directly to the bank or payment provider receiving payment from the Customer. The availability of the Products is indicated on the Site, in the description of each Product. Léa MakeUp will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 6 – Deliveries
The delivery costs will be indicated to the Customer before any payment. Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (60) days after the conclusion of the contract with a Consumer Customer. During a delivery by hand, the customer can refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.); any anomaly must then imperatively be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. to contact Léa MakeUp support if he notices any anomaly. exercise of the Customer's right of refusal.If the Customer's package is returned to the Seller by post or by other postal service providers, the Seller will contact the Customer upon receipt of the returned package to ask him what to do with his order If the Customer has mistakenly refused the package he may ask for it to be returned by first paying the postage for the new shipment. Postal costs must be paid even for orders for which the shipping costs were offered when the order was placed. In the event of a delivery or exchange error (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract concluded to acquire the Product or Service allows withdrawal, any product to be exchanged or refund must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or incorrect handling by the Customer cannot be attributed to the Seller. Any delay in delivery with respect to the date or time indicated to the Consumer Customer when ordering or, in the absence of indication of date or deadline when ordering, more than thirty (60) days from the conclusion of the contract may result in the cancellation of the sale at the initiative of the Consumer Customer, at his written request by registered letter with acknowledgment of receipt, if after having ordered the Seller to make the delivery, he has not complied. The Consumer Customer will then be reimbursed, at the latest in the fourteen (14) days following the date on which the contract was terminated, of the total amount paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure. Special case of a package whose tracking number indicates that it is "delivered" but not received in the mailbox: if the customer finds and informs the seller that the package is not in his mailbox despite his tracking number indicating that it is "delivered", customer service may ask him for additional information as well as an official document from La Poste responding to his complaint regarding the tracking number corresponding. The seller will not reimburse the customer and will not send him a second merchandise. In the event of a complaint for a defective or missing product, the Customer will contact the Customer Service of the Léa MakeUp brand within 48 hours maximum upon receipt of the package, with obligatorily photos of the package received as is (package reference and visible transport label) as well as than its content. Léa MakeUp Customer Service reserves the right to refuse any complaints that do not comply with the above instructions.
Article 7 – Right of withdrawal and withdrawal form
The customer has fourteen (14) working days from the date of receipt of the product of his order to withdraw. He will be required to return any product that does not suit him and request an exchange or refund without penalty, with the exception of return costs, within fourteen days of receipt by Léa MakeUp of the refund request. The Product must be returned in perfect condition, in its original packaging (including the blister). It is understood that the Customer will bear the cost of returning the Product in the event of withdrawal. It is recommended that the Customer make the return using a solution allowing the tracking of the package. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services to ask them to locate the latter. The refund will be made in the form of a voucher.The Seller also reserves the right to defer reimbursement until receipt of the Product or as long as the Customer has not demonstrated that he has shipped the Product, if such a demonstration has not previously taken place. In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable. In accordance with article L121-17 of the Consumer Code, ("Hamon law") of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:
To obtain your product return form, please send your withdrawal request by e-mail: firstname.lastname@example.org indicating: Order number / Customer Name / Telephone number / The subject of your withdrawal
Article 8 – Product Warranty
Legal provisions to reproduce
The legal guarantee of conformity applies independently of any commercial guarantee granted. The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of the Article 1641 of the Civil Code, unless the seller has stipulated that he will not be bound by any guarantee; in the event of an implementation of this guarantee, the buyer has the choice between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code. He has a period of two years from the discovery of the defect. The postponement, suspension or interruption of the prescription cannot have the effect of extending the extinctive prescription period beyond twenty years from the day of birth of the right in accordance with article 2232 of the Civil Code.
All items acquired on this site benefit from the following legal guarantees, provided for by the Civil Code;
Legal guarantee of conformity
The Seller is required to deliver goods that comply with the contract concluded with the Consumer Customer and to respond to any lack of conformity existing during the delivery of the Product. The conformity guarantee may be exercised if a defect should exist on the day of taking possession of the Product. On the other hand, it will be up to the Customer to prove that the defect existed at the time of taking possession of the Product. “ in the event of a lack of conformity, the buyer chooses between repairing and replacing the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer".
Legal guarantee against hidden defects
In the event of non-compliance of a Product delivered, it may be returned to the Seller who will exchange it. If it is impossible to exchange the Product (obsolete Product, out of stock, etc.) the Customer will be reimbursed by check or transfer of the amount of his order. The costs of the exchange or refund procedure (in particular the shipping costs for returning the Product) are then borne by the Seller.
Article 9 – Customer Service
The customer service of this Site can be reached by email at the following address: email@example.com, by form or by post to the address indicated in the legal notices
Article 10 – Liability
The Seller Léa MakeUp cannot be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure. Regarding the Products purchased, the Seller will not incur any liability for any consequential damages as a result of the present, operating loss, loss of profit, damages or costs, which may arise. The choice and purchase of a Product or a Service are placed under the sole responsibility of the Customer. The total or partial impossibility of using the Products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Consumer Customer and the contract concluded to acquire the Product or the Service allows withdrawal, according to the article L 121-21 of the Consumer Code. The Customer expressly admits using the Site at his own risk and under his exclusive responsibility. In any case, Léa MakeUp can in no way be held responsible:
- any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, of data which may, among other things, result from the use of the Site, or on the contrary from the impossibility of its use;
- malfunction, unavailability of access, misuse, improper configuration of the Customer's computer, or even the use of a browser that the Customer rarely uses;
- the content of advertisements and other links or external sources accessible by Customers from the Site.
The Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the visuals present on the Site or if the latter are erroneous or incomplete.
Article 11 – Independence of clauses
If any provision of the T&Cs is found to be illegal, void or for any other reason unenforceable, then that provision shall be deemed severable from the T&Cs and shall not affect the validity and enforceability of the remaining provisions. These T&Cs replace any prior or contemporaneous written or oral agreements. The T&Cs are not assignable, transferable or sub-licensable by the Customer himself. A printed version of the T&Cs and of all notices given in electronic form may be requested in legal or administrative proceedings relating to the T&Cs. The parties agree that all correspondence relating to these T&Cs must be written in the French language..