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These General conditions of sale (GCS) and use (GCU) will apply between the Company EviDenS De Beauté (hereinafter, ‘EviDenS De Beauté’), Société par Actions Simplifiée [≈ simplified joint-stock company] with a capital of 8,070 euros, whose registered office is at 26, rue de Galilée, 75116 Paris, France registered on Paris register of trade and companies under number 484 898 051, and any natural person making a purchase (hereinafter, Purchaser) via its e-commerce site accessible via the Internet at www.evidensdebeaute.com (hereinafter, ‘the Site’), as well as any Internet user browsing the Site (hereinafter, User).
The prices of the Products displayed on the Site are stated in euros. These prices include the Value Added Tax (VAT) applicable on the date of the order. The price billed to the Purchaser is the price indicated on the order confirmation sent by email by EviDenS De Beauté. The prices indicated do not include shipping costs, which will be specified to the Purchaser when confirming the order. EviDenS De Beauté reserves the right to amend its prices at any time, but the Products will be billed on the basis of the prices in effect at the time the order was placed, subject to those Products’ availability. The price in effect is the price indicated on the Site unless there is a typological error. If the Site shows a price that is manifestly too low or excessive, for example due to a technical error or computer bug, the Order may be cancelled, even if confirmed, and the Customer will be informed immediately.
Unless the server is unavailable, the Purchaser will pay for their Order once it has been confirmed on the Site using the payment options available. For online payments by bank card, only cards bearing the ‘CB’ symbol, cards bearing the ‘VISA’, ‘EUROCARD’ or ‘MASTERCARD’ brand accepted in France, or cards issued as part of international networks approved by the Bank Cards Economic Interest Grouping (EIG) will be accepted. Confirmation of the order using the bank card number and expiry date constitutes an instruction to pay the price of that order. EviDenS De Beauté reserves the right to suspend any Order in the event of non-payment or the bank’s refusal to authorize payment. EviDenS De Beauté cannot be held liable for any embezzlement or fraudulent use of any means of payment not detected. The Purchaser warrants that they have the necessary permissions to use the payment method they have chosen for their Order. Any fraudulent use of a means of payment cannot give rise to a refund by EviDenS De Beauté. Transactions made on the Site are secured by the STRIPE payment system. The ’s’ in the ‘https’ on the payment page signifies that the site is secure. Confidential data concerning the means of payment cannot be accessed by EviDenS De Beauté but is managed directly by the security department. Purchase invoices are available in the My Account area of the Site and provided in each order. They are sent by email to the email address provided by the Purchaser when placing their Order on the Site.
The Purchaser agrees that exchanges between the Parties will take place by email. Retention of the Order information, confirmation of the Order acceptance and any exchanges between the Parties will be deemed proof of the contract of sale. The Customer may access details of orders they have placed at any time by sending an email to Customer Service.
The Customer must, at their own expense, return the Products in perfect condition, in their original packaging with any notices, accompanied by the return slip no later than within fourteen (14) days of notification of their decision to withdraw. Where the fourteen (14) day period expires on a Saturday, a Sunday, a bank holiday or other public holiday, this will be extended to the next working day.
Unless the server is unavailable, the Purchaser will pay for their Order once it has been confirmed on the Site using the payment options available.
For online payments by bank card, only cards bearing the ‘CB’ symbol, cards bearing the ‘VISA’, ‘EUROCARD’ or ‘MASTERCARD’ brand accepted in France, or cards issued as part of international networks approved by the Bank Cards Economic Interest Grouping (EIG) will be accepted.
Article L. 217-4 of the French Consumer Code:
‘The vendor will deliver the goods in conformity with the contract and is liable for any lack of conformity at the time of delivery. It is also responsible for conformity defects resulting from the packaging, assembly or installation instructions where it is responsible for these under the contract, or where they have been produced under its supervision.’
Article L. 217-5 of the French Consumer Code:
’The goods will be in conformity with the contract:
1. If they are fit for the purpose habitually expected of similar goods and, where applicable:
- if they correspond to the description provided by the vendor and possess the qualities the latter presented to the buyer in the form of a sample or model;
- if they exhibit the qualities that a buyer may legitimately expect in view of public statements made by the vendor, by the producer or by their representative, for example in publicity or labelling;
2. If they exhibit the characteristics defined by mutual agreement by the Parties or are fit for the special purpose sought by the buyer, brought to the vendor’s attention and accepted by the latter.’
Article L. 217-12 of the French Consumer Code:
‘Action resulting from a non-conformity will have a statute of limitations of two years as from delivery of the goods.’
Article L. 217-16 of the French Consumer Code:
‘Where, during the validity period of the commercial guarantee granted at the time of purchase or repair of movable goods, the buyer requests from the vendor a repair covered by guarantee, any period of at least seven days in which these goods are out of use will be added to the remaining term of the guarantee.
This period will begin to run as from the request for action by the buyer, or from the provision of the goods in question for repair if such provision occurs after the request for action.’
Article 1641 of the French Civil Code:
‘The vendor is bound by the guarantee against hidden defects of the item sold that render it unfit for its intended purpose, or which diminish its usage in such a way that the buyer would not have purchased the item or would have purchased it at a lower price if they had known about these defects.’
Article 1648(1) of the French Civil Code:
‘Action resulting from latent defects must be brought by the purchaser within two years of the discovery of such defects.’
The following are excluded from any guarantee:
· products modified or altered by the Purchaser or by any other person not authorized by EviDenS De Beauté
· visible defects
· *products damaged during transport or misused.
These general conditions of sale and the order summary forwarded to the Purchaser form a contractual whole and constitute the entirety of the contractual relationship between the Parties. In the event of a discrepancy between these documents, the general conditions of sale will prevail. Any invalidity of one or more of the clauses of these General Conditions of Sale and Use will not affect the validity of these General Conditions as a whole.
EviDenS De Beauté owns the intellectual property rights or holds the usage rights over all information available on its Site, including brands, designs and models, patents, copy, images, videos, graphic designs, logos, icons, sounds, software, as well as the structure of the website, its graphic style and any computer applications that could be used to operate this site.
Any reproduction, representation, modification, publication, usage or adaptation of all or part of its Products or components of the website, as listed above on a non-exhaustive basis, regardless of the means or process used, is prohibited without the prior written permission of EviDenS De Beauté.
Any unauthorized use of the website or any of its components will be deemed to be an act of infringement and/or an act of unfair competition and/or unfair trade practices likely to incur the liability of its perpetrator.
The User undertakes to use the website’s contents in accordance with strict confidentiality. Use of the contents for commercial purposes is strictly prohibited.
These general conditions of sale and the order summary forwarded to the Purchaser form a contractual whole and constitute the entirety of the contractual relationship between the Parties.
In the event of a discrepancy between these documents, the general conditions of sale will prevail.
Any invalidity of one or more of the clauses of these General Conditions of Sale and Use will not affect the validity of these General Conditions as a whole.
These general conditions of sale and the contractual relationship between EviDenS De Beauté and the Purchaser are exclusively subject to French law.
In the event of a dispute, the Purchaser undertakes to first contact EviDenS De Beauté to attempt to amicably resolve any dispute that may arise between the Parties.
If an agreement cannot be reached, the French courts and tribunals, and more specifically the courts and tribunals of Paris, the place of permanent establishment of EviDenS De Beauté, will have sole jurisdiction.
However, under Article L. 141-5 of the French Consumer Code, any dispute or suit between EviDenS De Beauté and a consumer within the meaning of the introductory article of the Consumer Code will, depending on the consumer’s choice, be heard by one of the courts with regional jurisdiction under the code of civil procedure, or the court where they resided at the time of concluding the contract or of the occurrence of the harmful event.
The Purchaser may also have recourse to consumer mediation for any disputes concerning the sale of Products on the Website, in accordance with Articles L.611 to L.616 and R.612 to R.616 of the French Consumer Code. At EU level, the European Commission has also set up an online dispute resolution platform here.
Updated on 3 August 2021