General conditions of sale and use

 General conditions of sale online products to private consumers

 

 

 Preamble 

 

These General Conditions of Sale apply to all sales concluded on the Ichalalen-cosmetiques.com website.

 

The website https://www.ichalalen-cosmetiques.com is a service of: 

• Ichalalen cosmetics sole

• Manager's name: Sadia Buruk

• Located 13 rue Jean Jacques Rousseau, 44000 Nantes, France

• Site URL address: https://www.ichalalen-cosmetiques.com

• E-mail: ichalalen.cosmetiques@gmail.com

• Phone number: 06 01 00 15 08

The Ichalalen-cosmetiques.com website markets the following products: Natural cosmetology products.

The Customer declares that they have read and have accepted the general conditions of sale prior to the placing of his order. The validation of the order is therefore worth acceptance of the general conditions of sale.

 

Article 1 - Principles

 

These general conditions express all the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for store sales or by means of other distribution and marketing circuits.

They are accessible on the Ichalalen-Cosmetiques.com website and will prevail, if necessary, on any other version or any other contradictory document.

The seller and the buyer agree that these general conditions govern their relationship exclusively. The seller reserves the right to punctually modify its general conditions. They will be applicable as soon as they put online.

If a condition of sale were to be lacking, it would be considered to be governed by the uses in force in the distance selling sector whose companies have their headquarters in France.

These general conditions of sale are valid until December 31, 2022.

 

 

Article 2 - Contents

 

The purpose of these General Conditions is to define the rights and obligations of the parties as part of the online sale of goods offered by the seller to the buyer, from the website www.ichalalen-cosmetiques.com.

These conditions only concern purchases made on the Ichalalen-cosmetiques.com site and delivered exclusively in metropolitan area or in Corsica. For any delivery in the DOM-TOM or abroad, a message should be sent to the following e-mail address: ichalalen.cosmetiques@gmail.com.

These purchases concern the following products: natural cosmetology products.

 

Article 3 - Pre -contractual information

 

The Buyer acknowledges having had communication, prior to the placing of his order and the conclusion of the contract, in a readable and understandable manner, these general conditions of sale and all the information listed in article L. 221- 5 of the Consumer Code.

 

Are transmitted to the buyer, in a clear and understandable manner, the following information:

- the essential characteristics of the property;

- the price including tax and/or the method of calculating the price;

- if applicable, all additional transport, delivery or postage costs and all other possible costs due;

- in the absence of immediate execution of the contract, the date or period at which the seller undertakes to deliver the property, whatever his price;

- information relating to the identity of the seller, its postal, telephone and electronic contact details, and its activities, those relating to legal guarantees, the functionalities of the digital content and, if necessary, its interoperability, existence and the terms of implementation of guarantees and other contractual conditions.

 

Article 4 - The order

 

The buyer has the possibility of placing his order online, from the online catalog and by means of the form which appears there, for any product, within the limits of available stocks.

The buyer will be informed of any unavailability of the product or the property ordered.

In order for the order to be validated, the buyer will have to accept, by clicking in the indicated location, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.

The sale will be considered final:

- After sending the buyer to confirm the acceptance of the order by the seller by email;

- and after collection by the seller of the full price.

Any order incorporates the acceptance of prices and the description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees below mentioned.

In some cases, including payment defect, erroneous address or other problem on the buyer's account, the seller reserves the right to block the purchaser's order until the problem is resolved.

For any questions relating to the follow -up of an order, the buyer can call the following phone number: 06 01 00 15 08 (cost of a mobile call), in the following days and hours: Monday to Friday: 9 a.m. to 12 p.m., or send an email to the seller at the following email address: ichalalen.cosmetiques@gmail.com.

 

Article 5 - Electronic signature

 

The online supply of the buyer's bank card number and the final validation of the order will be worth proof of the buyer's agreement:

- ESSEMBLIBILITY OF SUMMERS DUE UNDER OF THE CONTROL PLACE;

- Signature and express acceptance of all operations carried out.

In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noted, to contact the seller at the following telephone number: 06 01 00 15 08. 

 

Article 6 - Order confirmation

 

The seller provides the buyer with an order confirmation, by electronic messaging.

 

Article 7 - Proof of the transaction

 

Computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as evidence of communications, orders and payments between the parties. The archiving of order orders and invoices is made on a reliable and durable support that can be produced as proof.

 

Article 8 - Product information

 

The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.

The products are described and presented with the greatest accuracy possible. However, if errors or omissions have been able to occur as for this presentation, the seller's responsibility could not be engaged.

Product photographs are not contractual.

 

Article 9 - Price

 

The seller reserves the right to modify its prices at any time, but undertakes to apply the prices in force indicated at the time of the order, subject to availability on this date.

The prices are indicated in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. Prices take into account the VAT applicable on the day of the order and any change in the rate applicable VAT will automatically be passed on to the price of online store products. 

If one or more taxes or contributions, especially environmental, were to be created or modified, upwards as down, this change may be reflected in the sale price of products.

 

ARTICLE 10 - Payment method

 

This is an order with payment obligation, which means that placing the order implies a buyer's payment.

To pay his order, the buyer has, at his choice, all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees the seller that he has the authorizations possibly necessary to use the payment method chosen by him, when validating the order form. The Seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization to pay by bank card on the part of the organizations officially accredited or in the event of non-payment. The seller reserves in particular the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially set a previous order or with whom a payment dispute would be being administrated . 

Payment of the price is made in full on the day of the order, according to the following terms:

- Bank card 

- Paypal 

- Applepay

 

 

Article 11 - Product availability - Refund - Resolution

 

Except in case of force majeure or during the closing periods of the online store which will clearly be announced on the site's home page, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

For deliveries in mainland France and Corsica, the deadline is 6 days from the day following that where the buyer placed his order, according to the following terms: Colissimo - Mondial Relay - Relai Coli. At the latest, the period will be 30 working days after the conclusion of the contract.

For deliveries in the French overseas departments and territories or another country, the delivery methods will be specified to the buyer on a case-by-case basis.

In the event of non-compliance with the agreed date or delivery time, the buyer must, before breaking the contract, enjoin the seller to execute it within a reasonable additional time.

In the absence of execution at the expiration of this new period, the buyer may freely break the contract.

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by a writing on another sustainable medium.

The contract will be considered to be resolved upon receipt by the seller of the letter or the writing informing him of this resolution, unless the professional has executed in the meantime.

The buyer may however immediately resolve the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.

In this case, when the contract is resolved, the seller is required to reimburse the buyer from all the sums paid, at the latest in the  14 days  depending on the date on which the contract was denounced.

In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will be able to cancel his order. The buyer will then have the choice to request either the reimbursement of the sums paid within 14 days at the latest of their payment, or the exchange of the product.

 

 

Article 12 - Force majeure

 

All circumstances independent of the will of the parties preventing execution under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and lead to their suspension.

The part which invokes the circumstances referred to above must immediately warn the other part of their occurrence, as well as their disappearance.

Will be considered as force majeure all irresistible facts or circumstances, external to the parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all the reasonably possible efforts. Expressly, are considered as force majeure or fortuitous cases, in addition to those usually retained by the case law of French courses and courts: blocking of means of transport or supplies, earthquakes, fires, storms, floods, Lightning, stopping telecommunications networks or difficulties specific to external telecommunications networks to customers.

The parties will come closer to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure has a duration of more than three months, these general conditions may be terminated by the injured part.

 

Article 13 - Intellectual property

 

The content of the website remains the property of the seller, the only holder of intellectual property rights on this content.

Buyers undertake to make no use of this content; Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

 

Article 14 - IT and freedoms

 

The nominative data provided by the buyer is necessary for the processing of his order and the establishment of invoices.

They can be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated through the Ichalalen-cosmetiques.com website has been declared to the CNIL.

The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the terms defined on the ichalalen-cosmetiques.com site.

 

Article 15 - Partial non -validation

 

If one or more stipulations of these General Conditions are held for non -valid or declared such as law, regulation or following a final decision of a competent court, the other stipulations will keep all their strength and their scope.

 

Article 16 - Non -renunciation

 

The fact for one of the parties not to claim a breach by the other party to any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation In question.

 

Article 17 - Title

 

In case of difficulty in interpretation between any of the titles appearing at the top of the clauses, and any of the clauses, the titles will be declared nonexistent.

 

Article 18 - Language of the contract

 

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text is faith in the event of a dispute.

 

Article 19 - Mediation and settlement of disputes

 

The buyer can use conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative mode of dispute settlement (conciliation, for example) in the event of dispute. The mediator's names, contact details and email address are available on our site.

 

In accordance with article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an online dispute settlement platform, facilitating the independent settlement by extrajudicial disputes between consumers and professionals of the 'European Union. This platform is accessible to the following link: https://webgate.ec.europa.eu/odr/.

 

Article 20 - Applicable law

 

These general conditions are subject to the application of French law. The competent court is the judicial court.

This is the case for the substantive rules as for the rules of form. In the event of a dispute or complaint, the buyer will primarily aim at the seller to obtain an amicable solution.

 

 

Annex: 

 

Withdrawal form 

Withdrawal form   For the attention of: Cosmetics Ichalalen Located at: 13 rue Jean Jacques Rousseau, 44000 Nantes, France email address: ichalalen.cosmetiques@gmail.com   I notify you, by this, my withdrawal of the contract on ....................., ordered: .........   Consumer's first name and name: ................. Consumer address: .................   Date : ..................   Consumer signature

 

 

 

 

Annex:

 

Consumer code

 

Article L. 217-4 : “The seller delivers good to the contract and responds to existing compliance faults during issuance.

He also responds to compliance defects resulting from packaging, assembly instructions or installation when it has been charged by the contract or was carried out under his responsibility. ”

 

Article L. 217-5 : “The good is in accordance with the contract:

1 ° If it is specific to the usually expected use of a similar property and, if applicable:

- if he corresponds to the description given by the seller and has the qualities that he presented to the buyer in the form of a sample or model;

- if it presents the qualities that a buyer can legitimately expect having regard to public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2 ° or if it presents the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the buyer, brought to the attention of the seller and which the latter accepted. ”

 

Article L. 217-6 : "The seller is not held by the public declarations of the producer or his representative if he is established that he did not know them and was legitimately unable to know them".

 

Article L. 217-7 : “The defects of conformity which appear within twenty-four months from the issuance of the property are presumed to exist at the time of deliverance, unless proven otherwise. For second -hand goods sold, this period is set at six months. The seller can fight this presumption if it is not compatible with the nature of the property or the lack of conformity invoked. ”

 

Article L. 217-8 : “The buyer is entitled to demand the conformity of the property from the contract. However, he cannot contest the conformity by invoking a defect which he knew or could not ignore when he contracted. The same is true when the defect has its origin in the materials which he himself provided. ”

 

Article L. 217-9 : “In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the property. However, the seller may not proceed according to the choice of the buyer if this choice results in a manifestly disproportionate cost with regard to the other modality, taking into account the value of the property or the importance of the defect. It is then required to proceed, except impossibility, according to the modality not chosen by the buyer. ”

 

Article L. 217-10 : “If the repair and replacement of the property are impossible, the buyer can make the property and be returned the price or keep the property and have part of the price. The same faculty is open to it: 1 ° if the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month of the buyer's claim; 2 ° or if this solution cannot be without major inconvenience for it given the nature of the property and the use it seeks. The resolution of the sale cannot however be pronounced if the lack of conformity is minor. ”

 

Article L. 217-11 : The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost for the buyer. These same provisions do not preclude damages allocation.

 

Article L. 217-12 : “The action resulting from the lack of conformity is prescribed by two years from the delivery of the property.”

 

Article L. 217-13 : "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from the crumbling defects as it results from articles 1641 to 1649 of the Civil Code or any other action of contractual or extra -contractual nature which is recognized by law. "

 

Article L. 217-14 : "Recur action fear being exercised by the final seller against successive sellers or intermediaries and the producer of bodily movable property, according to the principles of the Civil Code.

 

Article L. 217-15 : "The commercial guarantee means any contractual commitment of a professional with regard to the consumer for the reimbursement of the purchase price, replacement or repair of the property or the service of any other service in relation With the property, in addition to its legal obligations aimed at guaranteeing the conformity of the property. 
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer. 
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial extent as well as the name and address of the guarantor. 
In addition, he mentions clearly and specifies that, regardless of the commercial guarantee, the seller remains held from the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to the defects of the Sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code. 
The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the civil code are fully reproduced in the CONTRACT. 
In the event of non-compliance with these provisions, the guarantee remains valid. The buyer is entitled to claim it. "

 

Article L. 217-16 : “When the buyer requests the seller, during the price of the commercial guarantee which was granted to him during the acquisition or repair of a movable property, a repair covered by the guarantee, any period of Immobilization of at least seven days is added to the duration of the guarantee which remained to run.

This period runs from the buyer's intervention request or the provision for compensation for the property in question, if this provision is after the intervention request. ”

 

Civil code

 

Article 1641 : “The seller is held from the guarantee due to the hidden defects of the thing sold which make it unfit for the use to which it is intended, or which decreases this use so much, that the buyer would not have acquired it, or would have given a lower price, if he had known them. ”

 

Article 1648 : “The action resulting from crumbling defects must be brought by the buyer, within two years from the discovery of the vice. In the case provided for in article 1642-1, the action must be introduced, under penalty of foreclosure, in the year following the date on which the seller can be discharged from vices or defects of Coapparent nformed. "