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The home page of NOESIS Co. Ltd. (hereafter denominated as „Site”) is an electronic commercial page, which is accessible by internet at the address: www.shop.evidensdebeaute.com (hereafter the”Site”).
The website makes it possible for NOESIS Co. Ltd. (hereafter denominated as NOESIS)- established with a capital of EUR 7000,- (seven thousand), and having its main office at 25 rue Boissière, 75116 Paris, registered at Registre du Commerce et des Sociétés de Paris at No. 484 898 051- to offer for sale its cosmetics products Evidens de Beauté (hereafter denominated as „Products”) to all those (hereafter denominated as „Users”), who are visiting the website.
The company OGONE Plc. –established with a capital of EUR 40000 (forty thousand) and based in France- is in charge of online financial transactions.
The Site offers an opportunity for NOESIS to propose its cosmetics and perfumes (hereafter referred to as „Products”) for sale for those, who are visiting the website (hereafter referred to as „Users”). When applying the present terms it is agreed that the User and NOESIS will collectively be called „Parties” and individually denominated as „Party”. The User will be referred to as „Buyer” after having validated an order. The rights and obligations of a User are evidently applied to a Buyer. It is stipulated that the products are destined for the strict personal use of the Buyer, irrespective of his professional activities. In this respect the User will be kindly reminded that the value of his order should not exceed the amount of EUR 1000 (one thousand). In addition, it is also understood that the same Buyer could order in a single transaction and for a period of one month (1) only three (3) products of the same line. If the order exceeds the above-mentioned amount or the limited number, the order will be considered as null and void. The User, who would like to purchase on the website should declare that he has full legal capacity. It is envisaged that all orders of any product offered for sale by internet should be consulted and the present conditions of sale must be explicitely accepted, irrespective of the fact however, if the User signs the order manually. In conformity with the provisions of articles 1316 to1316-4 of the Civil Code, amended by Decree No.2001-272 on 30 March, 2001, enacted in order to apply article 1316-4 of the Civil Code in relation to electronic signatures, the User is reminded, that the validation of the order- as it is stipulated in paragraph 4 of the „Methods of order”- constitutes an electronic signature, which has the same value between the Parties as a manual signature.
It is specified that the User may save or print the present general conditions of sale, on the condition that he will not amend the text. The main objective of the present general conditions of sale is to define –exclusively for reasons of relationships that it will establish through internet and on the Site in particular- the rights and obligations of the Parties originating from the online sale of Poducts offered by the French Site. The general conditions of sale will determine all the stages that are necessary for the realization of an order as specified in the „Methods of order” and assures the Parties of the follow-up of the order. To read the actual general conditions of sale please, click here: www.shop.evidensdebeaute.com.
NOESIS retains the right to revise the actual general conditions of sale at its own discretion. The present conditions are applied to exclude any other document.
The products offered for sale by NOESIS are those, that will appear on the Site, when the USER visits the website. They are available until stocks last and under the conditions stipulated in the above preamble and in view of the following restrictions: perfumes with alcoholic contents are limited to a volume of 200ml per parcel and can not be delivered to Corsica or any Arab country.
The photographs illustrating the Products are not part and parcel of the contract. If they demonstrate an erroneous character, NOESIS will have no involvment in the matter. Even if all efforts are made to ensure that the colours of the photos appearing on the website www.shop.evidensdebeaute.com should be identical with the original products, variations could occur because of technical limits, namely, the availability of colours provided by a computer. Therefore, NOESIS will not take any responsibility for any error or inaccuracy of photography or the graphic demonstration of the products of Evidense de Beauté on the Site www.shop.evidensdebeaute.com
Availability of products
Our products are for sale to the limit of available stocks. If some of the products are not available the Buyer will be immediately notified. That information will be forwarded to him by a message contained in the description of the product.
If payment is made by bank card NOESIS will do all the necessary through the banking group OGONE to subtract the price(s) of the unavailable product(s) from the amount drawn from the Buyer’s bank account. If payment was made by banker’s cheque, NOESIS will reimburse the amount in excess.
In cases when unavailability of a product becomes evident only after validation of the order has been done, Buyer can chose either to cancel the order and request a reimbursement of the money transferred for the goods within 30 days the latest after the money had been drawn from the account, or can initiate a replacement of the product(s) out of stock by e-mail: email@example.com NOESIS will not take any responsibility if stocks run out or some products are not available.
The ordered products will remain the property of NOESIS until NOESIS has collected the total price to be paid. If any problems should occur in payment, the Buyer will be obliged to restitute the goods to NOESIS upon first notice. Starting on the actual day of delivery however, the Buyer shall take all the risks (namely: loss, theft or degradation of the products) of the delivered goods.
The prices of the products are given in Euro, Yen and USD. It involves VAT, applicable on the day of the order. The invoiced price sent to the Buyer is the price indicated on the confirmation of the order sent by e-mail by NOESIS. The indicated price will not include packaging and delivery charges, these will be invoiced under separate cover and will be detailed to the User, when he finally validates his order. NOESIS maintains the right –which is accepted by User-to modify its prices at any time, but the products will be invoiced according to the price list valid at the moment of the registration of an order, depending however, on the availability of the mentioned product. The actual price list is the one that you will find on the Site, except typing errors.
The collection of personal data during a long distance sale is obligatory since these information are indispensable for processing and for the delivery of the orders as well as for the basic facts of an invoice. These information shall be strictly confidential. If these information are not provided, the order is automatically rejected. In accordance with Act No. 78-17 of 6th Jnuary, 1978 on informatics, files and liberties, the processing of personal data collected on the Site will be subject to a declaration by the Commission Nationale de l’Informatique et des Libertés (National Commission on Informatics and Liberties). The User disposes of the right of access, amendments, corrections and cancellation of his data. To exercise these rights Buyer should send a postal message to the customer service: NOESIS –Evidens de Beauté, Service clientele, 25 rue Boissière, 75116 Paris, France.
Act of God
None of the Parties shall be responsible for non-implementation, or partial implementation of the said contract if non-implementation is caused by an event of Act of God. Those events shall be considered as Act of God, which meet the criteria fixed by the 2nd civil chamber of the Cour de cassation (court of nullity). The Party refering to an event of Act of God should notify the other Party in five working days of the occurrence or threat of Act of God. The Parties agree that they will work together in the best possible way, in order to jointly decide on the methods of implementation of the order during an event of Act of God. After one month (1) of interruption for reasons of Act of God NOESIS might not respect the order any more and its obligation to reimburse the Buyer in a given case.
If one or more stipulations of the present general conditions of sale are held non-valid, or declared as such by applying law, a regulation, or as a result of a definitive decision of a competent jurisdiction, all the other stipulations shall remain in force and shall safeguard their power.
The complete contract
The present general conditions of sale and the summary of the order sent to the Buyer form the complete contract and constitutes the complete contractual relationship established between the Parties. In case of contradiction between the documents the general conditions of sale shall prevail.
Law to be applied
The present general conditions of sale and the contractual relations between NOESIS and the Buyer shall be subjected to French law. Explicit competence is attributed to the jurisdiction of Paris, venue of the permanent headquarters of NOESIS.