General terms and conditions of sale
IN FORCE ON 20/10/2017
1. Terms and conditions
These general terms and conditions of sale ("GTC") apply, without restriction nor reservation, to all sales concluded by the Seller with non professional Customers ("the Customers or the Customer"), wishing to acquire the Products offered for sale ("the Products or Products") by the Seller on the NABILLA BEAUTY website, whose internet address is www.nabillabeauty.com ("the site or site"). Governed by Article L.441-6 of the French Commercial Code and in accordance with Article L.111-1 of the French Consumer Code, these General Terms and Conditions of Sale determine the rights and obligations of the Seller and of the Customers under the various contracts offered on the site. The site is published by COSMIQUE DWC LLC, Dubai South, A3 building, Floor Number 3, P.O box 566632, Dubai; UAE. Registered Company number 10333.
The Products regulated by these Terms and Conditions are those which appear on the site and which are indicated as sold and shipped by the Seller. They are offered within the limits of available stocks. The essential characteristics of the Products are described and presented with the greatest possible accuracy on the product description sheet on the site. It is specified that the photographs of the articles or their reproduction on any other support which appear on the site have only an indicative value, they do not have a contractual nature and could not engage the responsibility for the Seller. The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site. The Customer is required to take note of these before ordering.
The information provided to the Seller must be accurate. The Customer must ensure that it is correct and compliant at the time of subscription. In the event of communication of erroneous data, the Seller could NOT be held liable. The choice and purchase of Products are the sole responsibility of the Customer. Customers declare that they are of legal age and fully capable of contracting. The offers of Products are within the limits of available stocks, as specified when placing the order. These GTC are accessible at any time on the site and will prevail over any other document. The Customer declares that he/she has read and accepted these GTC by checking the box provided for this purpose before placing an order online on the site. The purpose of this document is to set out the terms and conditions of the Seller's services. According to the evolution of the site, the Seller reserves the possibility of modifying these and consequently asks the Customer to refer to it regularly.
2. Prices and terms of payment
The Products are supplied at the prices in force appearing on the site, at the time of the recording of the order by the Seller. The prices are expressed in EUROS and all taxes included (TTC). In the event of a price change, these will only change for future orders, orders already paid will not be affected by the new pricing conditions. The prices do not necessarily include the costs of processing, shipping, transportation and delivery, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order. The payment requested from the Customer corresponds to the total amount of the purchase. An invoice can be requested by email to [email protected] The payment of the Products is carried out by bank card (Blue, Visa or Mastercard). The payment data are exchanged in an encrypted way with the protocol defined by the approved payment provider intervening for the banking transactions carried out on the site. The Seller cannot be held responsible in case of fraudulent use of the payment methods used. For payment by credit card, a request to debit the Customer's bank account will be sent to the paying agency within three days. The payments made by the Customer, and consequently the order, will be considered as final only after effective collection by the Seller of the sums due. The Seller will not be held to proceed to the supply of the Products ordered by the Customer if this one does not pay the Seller the price in totality in the conditions indicated above. In accordance with the regulations in force, the bank details of the Customers are not kept by the Seller.
It is the Customer's responsibility to select the Products to order on the site, according to the Customer’s wish and the following modalities: once the Customer has clicked on the "Add to Cart" button the product is added to MY ACCOUNT. When the Customer has finished to select items, he clicks on VIEW MY CART, a summary page appears indicating the total and the number of Products in the cart. The shipping costs are automatically calculated according to the number of Products and the weight. The Customer will then have to approve the part "I have read and I accept the general conditions of sale. "For the order to be validated by the Customer, he must enter personal credit card details. The product offers are valid as long as they are visible on the site, within the limit of available stocks. If the order is completely unavailable, after placing the order, the Customer will be notified by e-mail and will be reimbursed in accordance with French Article L.121-20-3 of the Consumer Code within thirty (30) days from the date of the order. In this case, the Seller cannot be held responsible for any prejudice suffered by the Customer, nor can he be held liable for any damages. The sale will be considered as firm only after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any error. Any order placed on the site entails the formation of a contract concluded at a distance between the Customer and the Seller. The Seller reserves the right to cancel or refuse any order from a Customer with whom there would be a litigation concerning the payment of a previous order.
4. Delivery and compliance
Delivery is constituted by the transfer to the Customer of the physical possession or control of the Products. Except in special cases or when one or several Products are unavailable, the Products ordered will be delivered at once. The Products ordered by the Customer will be delivered in the following areas: France including French Overseas Departments and Territories, Corsica, the Principality of Monaco, Switzerland, Belgium, Italy, Spain, Germany, England, Luxembourg, Austria, Bulgaria, Cyprus, Croatia, Denmark, Finland, Greece, Hungary, Ireland, Latvia, Lithuania, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Sweden, Canada, United States, South Africa, Algeria, China, Egypt, Hong Kong, India, Indonesia, Morocco, Singapore, Taiwan, Tunisia, Japan, Saudi Arabia, Argentina, Australia, Bahrain, Bolivia, Brunei, Cameroon, Colombia, Congo, Dominican Republic, United Arab Emirates, Israel, Lebanon, Madagascar, Mauritius, Oman, Russia, Qatar and Kuwait. Shipping costs are at the Customer's expense and vary according to the destination. Possible customs fees or local taxes may be added to the price of our Products and remain at the Customer's expense. It is therefore the responsibility of the Customer to find out the amount of these charges from his local customs office. The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified below. The deliveries are conducted within 14 days as from the company of logistics to the address indicated by the Customer when ordering on the site. However, these deadlines are communicated as an indication. Sundays and public holidays are not considered as working days. If the Products ordered have not been delivered within twenty-one days, the Seller recommends that the Customer contacts the Customer service. In order for these deadlines to be met, the Customer must ensure to have provided accurate and complete information regarding the delivery address. In addition, during BLACK FRIDAY or SALES periods, the delivery time from the company may be reasonably extended. If the ordered Products were not delivered within thirty days after the indicative date of delivery for any other cause of the force majeure or the fact of the Customer, the sale could be solved at the written request of the Customer under the conditions envisaged in the articles L 216-2, L 216-3 and L241-4 of the French code of the consumption. The sums paid by the Customer will then be restored to him in the fourteen days at the latest which follow the date of denunciation of the contract, with the exclusion of any compensation or withholding. In the event of a particular request from the Customer concerning the conditions of packaging or transport of the ordered Products, duly accepted in writing by the Seller, the costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Customer. The Customer is required to check the condition of the Products delivered. He has a period of three days from delivery to make claims by mail, accompanied by all supporting documents (including photographs). After this period and without having respected these formalities, the Products will be considered in conformity and free of any apparent defect and no complaint could be validly accepted by the Seller. If the Products are no longer available in stock, the Customer will be able to obtain a full refund and the Customer’s wish must be notified within thirty days. If one of the Products sent is defective or simply missing, it will be replaced or shipped within the limits of available stocks. Failure to receive an order will not give rise to any other compensation or refund. In any event, the Seller's liability is limited by the value of the order.
Since January 1, 2014, online sales sites are subject to the new regulations in force concerning tax exemption. Thus, tourist tax-free slips in the payer format can no longer be issued and two legal conditions have been added: (i) the merchant must be able to check the identity of the Customer at the same time as he creates the tourist tax-free vouchers on the customs administrative software; (ii) the date that appears on the tax-free voucher must be identical to the date of the invoice, which is impossible on our site, because the invoice is issued on the date of shipment of the package. For these legal reasons, our site is not able to follow up on requests for tax-free shipping. During the period of sales, Black Friday, or any promotional period, no refund will be possible. The articles are indeed neither exchangeable nor refundable.
5. Right of withdrawal
The Customer has the right to withdraw without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the goods. In order to exercise the right of withdrawal, the Customer must notify the Seller of his decision to withdraw by means of an unambiguous statement (for instance, by letter sent by post, fax or email) to the following address COSMIQUE DWC LLC, Dubai South, A3 building, Floor Number 3, P.O box 566632, Dubai; UAE. Registered Company number 10333. or at [email protected]. The Customer may request a sample letter by contacting the brand at the same email address. In order for the withdrawal period to be respected, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period. In the event of withdrawal by the Customer, the Seller shall refund all payments received from the Customer, including delivery costs (with the exception of any additional costs arising from the Customer's choice of a delivery method other than the cheaper standard delivery method offered by the Seller) without undue delay and in any event no later than fourteen days from the day on which the Seller is informed of the Customer's withdrawal decision. The Seller will proceed with the refund using the same means of payment as the one used by the Customer for the initial transaction, unless the Customer expressly agrees to a different means; in any case, this refund will not incur any costs for the Customer. The Customer shall return the Products to NABILLA BEAUTY at NEOLYS Parc d'Activité de Parisud 1 605/610 Garonor Boulevard d'Italie 77127 Lieusaint, without undue delay and, in any event, no later than fourteen days after the Customer has taken decision to withdraw and has informed the Seller about it. This deadline is deemed to have been met if the Customer returns the goods before the expiry of the fourteen-day period. The returns are to be made in their original state and complete (packaging, accessories, instructions) allowing their remarketing in new condition, accompanied by the purchase invoice printed from the confirmation email. Products that have been opened (tamper-evident label on the case torn), damaged, soiled or incomplete are not accepted for reasons of hygiene. The Customer must bear the direct costs of returning the goods. The exchange (subject to availability) or refund will be made within fourteen days of receipt by the Seller of the Products returned by the Customer under the conditions provided in this article. In no case the use by the purchaser of the right of withdrawal will be abusive. In any case, any order returned incomplete and those including the explanatory notes, damaged, used, damaged, deteriorated, soiled or consumed / opened (label of inviolability torn) even partially will not be refunded by measure of hygiene. The responsibility of the Customer may be engaged in case of depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the contents of the Products. To establish the nature, characteristics and proper functioning of the Products, the Customer may only handle and inspect them in a manner that would also be permitted in a store. For example, the Customer can only look at the product, not open it and try it on. Therefore, the Customer should handle and inspect the Products with all due care. In the specific case of Products belonging to the FASHION category, exchanges are possible within the limit of one time per order and while stocks last. The articles must not have been worn or soiled and must be returned in the original transparent pouch correctly folded. Upon receipt, if the items are soiled and/or damaged, no refund or exchange will be possible. During the period of sales, Black Friday, or any promotional period, no refund will be possible. The articles are indeed neither exchangeable nor refundable.
6. Acceptance of the Terms and Conditions
The Customer acknowledges having been informed, prior to placing the order, in a legible and understandable manner, of these Ts & Cs and of all the information and data referred to in Articles L. 111-1 to L. 111-7 of the Consumer Code, and in particular: (i) the essential characteristics of the Products, (ii) the price and ancillary costs (delivery, shipping etc.); (iii) in the absence of immediate execution of the contract, the date or deadline by which the Seller undertakes to deliver, (iv) information relating to the Seller's identity, postal, telephone and electronic contact details, (v) information relating to the legal and contractual guarantees and their implementation procedures, (vi) the functionalities of the digital content; (vii) the possibility of resorting to conventional mediation in the event of a dispute; (viii) information on the right of withdrawal, the cost of returning Products, the terms of cancellation and other important contractual conditions. The fact that a natural person (or legal entity) orders services from the Seller implies full and complete acceptance of these Ts & Cs, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
7. Seller's liability
The Products supplied by the Seller are subject to: (i) the legal guarantee of conformity, for defective, damaged or deteriorated Products or not corresponding to the order; (ii) the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the Products delivered and making them unfit for use. Provisions relating to legal guarantees: (i) Article L217-4 of the Consumer Code - The Seller delivers a good in conformity with the contract and is responsible for defects in conformity existing at the time of delivery. The Seller is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter is the Seller’s responsibility by the contract or was carried out under his responsibility. Article L.217-5 of the Consumer Code - The good is in conformity with the contract: 1° If it is fit for the purpose usually expected of a similar good and, where appropriate, if it corresponds to the description given by the Seller and has the qualities that the latter has presented to the Customer in the form of a sample or model ; 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the Customer, brought to the attention of the Seller and accepted by the latter. Article L 217-12 of the Consumer Code - The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. Article L 217-16 of the code of consumption - When the Customer asks the Seller, during the course of the commercial guarantee which was granted to him at the time of the acquisition or the repair of a movable good, 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 shall run from the date of the Customer's request for intervention or from the date the goods in question are made available for repair, if the goods are made available after the request for intervention. (ii) Article 1641 of the Civil Code - The Seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which diminish so much this use that the Customer would not have acquired it, or would have given only a lesser price, if he had known them. Article 1648 paragraph 1 of the Civil Code - The action resulting from redhibitory defects must be brought by the Customer within two years from the discovery of the defect. In order to assert its rights, the Customer must inform the Seller in writing of the non-conformity of the Products or the existence of hidden defects as of their discovery. The Seller will refund, replace or repair the Products or parts under warranty deemed non-conforming or defective. Shipping charges will be refunded at the invoiced rate and return shipping charges will be refunded upon presentation of receipts. The refunds, replacements or repairs of the Products judged nonconforming or defective will be carried out as soon as possible and at the latest fourteen days following the observation by the Seller of the nonconformity or the hidden defect. This refund can be made by bank transfer. The responsibility of the Seller cannot be engaged in the following cases: non-compliance with the legislation of the country in which the Products are delivered, which it is up to the Customer to check, in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure, and the photographs and graphics presented on the Site are not contractual and cannot engage the responsibility of the Seller. The guarantee of the Seller is, in any case, limited to the replacement or the refunding of the Products not in conformity (in term of use and not of image) or affected by a defect.
8. Pre-sales and sales
The pre-sales period concerns all orders placed during a period when delivery times are postponed. During this period, the delivery times classically announced are not valid. The Seller cannot be held responsible for the time taken by the carrier, if it is longer than usual due to the number of orders. The delivery times will vary between Metropolitan France, Overseas Departments and Territories and abroad. During the period of sales, Black Friday, or any promotional period, no refund will be possible.The articles are indeed neither exchangeable nor refundable.
The Customer acknowledges the validity and probative force of electronic exchanges and records kept by the Seller and agrees that these elements receive the same probative force as a handwritten document signed by hand under Law No. 2000-230 of March 13, 2000 adapting the law of evidence to information technology and relating to the electronic signature.
11. Data processing and freedom
In application of the law 78-17 of January 6, 1978, it is recalled that the personal data which are requested from the Customer are necessary for the treatment of their order and, in particular, the establishment of the invoices. These data may be communicated to any partners of the Seller in charge of the execution, processing, management and payment of orders. The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification and opposition with regard to the information concerning this one. In accordance with the provisions of the French law n° 78-17 of January 6, 1978, as amended, relating to data processing, files and liberties, the Customer has the right to access, question, modify and delete information concerning them, to be exercised at any time with the Vendor, either by email at the following address: [email protected], or by post at the following address COSMIQUE DWC LLC, Dubai South, A3 building, Floor Number 3, P.O box 566632, Dubai; UAE. For security reasons and to avoid any fraudulent request, this request must be accompanied by proof of identity. After the request has been processed, this proof of identity will be destroyed. The information collected may be communicated to third parties linked to the Seller by contract for the execution of subcontracted tasks necessary for the management of the Customer's account and without the Customer's authorization. In the event of a proven violation of legal or regulatory provisions, this information may be communicated to the judicial authorities upon request, with reasons. When certain information is mandatory to access specific features of the Site, the Seller will indicate this mandatory nature at the time of data entry. If, when consulting the Site, the Customer accesses personal data, this one must refrain from any collection, any unauthorized use and any act that may constitute an infringement of the privacy or reputation of individuals. The Seller declines all responsibility in this respect. Protection of personal data processed by COSMIQUE DWC LLC: In the course of the missions, COSMIQUE DWC LLC has access to personal data as defined by the French law 78-17 of January 6, 1978 (hereinafter, the " Loi Informatique et Libertés" (Computer Law and Liberties)) and/or is required to process them, as a subcontractor, on behalf of the Customer, acting in the capacity of data controller (hereinafter, the "Personal Data"). Under these conditions, COSMIQUE DWC LLC undertakes to comply with all applicable regulations and in particular the provisions of the French Data Protection Act, as well as those of the European Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter, the "Regulation"), which came into force on May 25, 2018.
Personal Data and categories of data subjects: personal data will only be accessed and processed to the extent strictly necessary for COSMIQUE DWC LLC to perform its duties as specified herein. The types of Personal Data processed and the categories of persons concerned are name, address, e-mail and telephone number.
Personal data of COSMIQUE DWC LLC's employees processed by the Customer: within the framework of the execution of the contractual relationship, the Customer is required to process personal data of COSMIQUE DWC LLC's employees. These personal data are: name, surname, business cell phone number, business postal address and business email. The Customer agrees to process the personal data of COSMIQUE DWC LLC's employees in accordance with the French law "Informatique et Liberté" (Computer and Freedom Law) n°78-17 modified and the European regulations applicable to the protection of personal data.
Technical and organizational measures: COSMIQUE DWC LLC will take all technical and organizational measures to ensure the security and confidentiality of Personal Data in order to prevent their accidental, unauthorized or illegal destruction, deterioration, modification, loss, disclosure or access and any form of illegal processing. The security measures taken by COSMIQUE DWC LLC shall comply with the regulations in force and shall be proportionate to the risks represented by the processing and the nature of the Personal Data to be processed, taking into consideration the state of the art in security measures to protect such data and the costs of implementing such measures. COSMIQUE DWC LLC undertakes to respond to the Customer's requests for an audit of COSMIQUE DWC LLC's obligations, as set forth in Article 10 of these Terms, with respect to the protection of personal data. This audit will be carried out at the Customer's expense, no more than once a year. The Customer shall inform COSMIQUE DWC LLC of the date of the audit, the company that will audit, the list of documents to be audited and/or the COSMIQUE DWC LLC collaborators to be interviewed, at least 15 days in advance in writing (email or post).
Confidentiality: COSMIQUE DWC LLC ensures that any individual acting under their authority who has access to Personal Data only processes it to the extent strictly necessary for the execution of their missions. In this regard, COSMIQUE DWC LLC ensures that their employees, agents, or any other person authorized to access and process Personal Data on their behalf are committed to confidentiality or are subject to an appropriate legal obligation of confidentiality. COSMIQUE DWC LLC agrees to keep the Personal Information confidential and not to disclose it to third parties without the prior and written consent of the Customer.
Use of Subcontractors: The Customer authorizes COSMIQUE DWC LLC to engage subcontractors to fulfill the contractual obligations under these Terms, provided that each subcontractor is bound by the same data protection obligations as those contained in these Terms, in particular with respect to presenting sufficient guarantees regarding the implementation of appropriate technical and organizational measures. If COSMIQUE DWC LLC engages a new subcontractor, it will promptly notify the Customer in writing and the Customer will notify COSMIQUE DWC LLC in writing within ten (10) days if it objects. In the absence of any written objection, Customer shall be deemed to have approved the subcontracting and COSMIQUE DWC LLC's commitment to the subcontractor. Where the subcontractor fails to fulfill their data protection obligations, COSMIQUE DWC LLC shall remain fully responsible for the subcontractor's performance of its obligations to the Customer.
Instructions and requests for information: COSMIQUE DWC LLC will deal appropriately and as soon as possible with all instructions and requests for information from the Customer concerning the process carried out. If, in its reasonable judgment, COSMIQUE DWC LLC or a processor considers that the processing of personal data may violate a law, rule or regulation or if COSMIQUE DWC LLC or a processor, is compelled to comply with a legal request for personal data, COSMIQUE DWC LLC shall promptly inform the Customer of such potential violation or request. As the case may be, COSMIQUE DWC LLC may suspend or modify the processing in light of the applicable law, rule or regulation and/or comply with such legal request, in each case without fault or liability therefor, notwithstanding Customer's instructions or these Terms. COSMIQUE DWC LLC shall correct, delete, lock, update any Personal Data as soon as it is instructed to do so by the Customer. In addition, COSMIQUE DWC LLC will cooperate with the Customer in case of a request for information or control of the processing by any organization such as the CNIL.
Notification and assistance: In order to allow the Customer to notify the CNIL of any violation of Personal Data in a timely manner, COSMIQUE DWC LLC undertakes to inform the Customer in writing of any such violation within 24 hours of the discovery of the violation. COSMIQUE DWC LLC shall cooperate with the Customer in order to provide him with the information required by articles 33 and 34 of the Regulation. In the event that the processing of Personal Data is likely to result in a high risk to the rights and freedoms of natural persons and the Customer is required to carry out a "data protection impact assessment" or a "prior consultation" in accordance with articles 35 and 36 of the Regulation, COSMIQUE DWC LLC undertakes to provide all necessary assistance to the Customer in order to enable him to fulfill the obligations incumbent upon him.
LKeeping a record of the categories of processing activities: COSMIQUE DWC LLC declares to keep a written record of all categories of processing activities carried out on behalf of the Customer in accordance with the Data Protection Act and Article 30 of the Regulation.
Transfer of personal data: in principle, COSMIQUE DWC LLC does not transfer personal data that it processes outside the European Economic Area. However, within the framework of the execution of the missions as defined by the present Conditions, COSMIQUE DWC LLC has recourse to certain service providers located in the United States, in particular with regard to backups. The United States has less stringent legal standards for the protection of personal data than those applicable in France. To ensure a level of protection of personal data equivalent to that which they enjoy in France, COSMIQUE DWC LLC uses service providers who are party to the Privacy Shield set up by the United States Department of Commerce. To learn more about the Privacy Shield, the Customer may visit the following website: https://www.privacyshield.gov/welcome or the following CNIL page: https://www.cnil.fr/fr/le-privacy-shield ;
COSMIQUE DWC LLC declares that all computer resources used for data processing are located within the European Union. COSMIQUE DWC LLC will not transfer these data processing resources outside the European Union.
COSMIQUE DWC LLC undertakes to guarantee and hold the Customer harmless from any and all legal actions that may be brought against the Customer as a result of COSMIQUE DWC LLC's failure to comply with its obligations under this clause or under applicable law.
The Customer may, if he wishes, subscribe to the Newsletter published by the Seller by checking the corresponding box on the Site. By accepting the subscription to the Newsletter published on the Site, the Customer authorizes the Seller to send him/her e-mails to the address he/she will have given when visiting the Site. The unsubscription to the Newsletter is possible at any time by sending an e-mail to the address [email protected] or by unsubscribing at the bottom of the Newsletter. The Customer may, if he/she wishes, subscribe to the so-called promotional Newsletter by checking the corresponding box on the Site. By accepting the subscription to the so-called promotional Newsletter published on the Site, the Customer authorizes the Seller to send him/her e-mails to the address he/she will have given when visiting the Site. The unsubscription to the promotional Newsletter is possible at any time for the Customer by sending an e-mail to the address [email protected] or by unsubscribing at the bottom of the Newsletter.
13. Intellectual property
The content of the Site is the property of the Seller and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright. Thus, all elements published on the Site, such as images, photographs, videos, writings, graphic charts, utilities, databases, software and other underlying technology are protected by the provisions of the Intellectual Property Code and belong to the Seller. The NABILLA BEAUTY brand, as well as all figurative or non-figurative brands and, more generally, all other brands, illustrations, images and logos appearing on the Site, the Products, the articles, the accessories or the packaging, whether registered or not, are and shall remain the exclusive property of the Seller. The Seller is the owner of all property rights attached to the Site and to the elements that make it up and has the required licenses. It holds all intellectual property rights. In general, no provision of these GTC may be interpreted as conferring on the Customer, expressly or implicitly, any rights whatsoever (under the terms of a license or by any other means) on the names, trademarks, acronyms, logos and other distinctive signs of the Seller. It is therefore forbidden to reproduce, modify, transfer or exploit all or parts of the Site without the express written permission of COSMIQUE DWC LLC.
14. Prohibited behaviors
The following behaviors are strictly prohibited when using the Site: (i) any misappropriation of the Site's system resources, (ii) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site and any fraudulent use of data, (iii) any acts likely to infringe the financial, commercial or moral rights and interests of the Vendor or the users of its Site, (iv) any intrusions or attempted intrusions into the Seller's systems, (v) any actions of such a nature as to impose a disproportionate burden on the Seller's infrastructures, (vi) any infringement of security measures, (vii) selling, giving or monetizing access to the Site or its information and (viii) any breach of these GTC. In the event of a breach of any of the provisions of this section or, more generally, of laws and regulations, the Seller reserves the right to take all appropriate measures and to initiate any legal action.
In the event of non-compliance with the obligations arising from acceptance of these GTC, incidents of payment of the price of an Order, delivery of erroneous information when creating an account or acts likely to harm the interests of the Vendor, the Vendor reserves the right to suspend access to the services offered on the Site or, depending on the seriousness of the acts, to terminate the Customer's account, without any right to claim damages or interest. The Seller also reserves the right to refuse to contract with a Customer who has been excluded or sanctioned for such acts.
15. Applicable law - languages
These GTC and the operations resulting from them are governed by and subject to French law. These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
For all complaints, please contact the Customer service department at the postal or e-mail address of the Seller indicated in article 1 of these GTC. The Customer is informed that he can in any case resort to a conventional mediation, with the existing sectoral mediation authorities or to any alternative mode of settlement of the disputes in case of dispute. The Customer is also informed that he can also resort to the Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR (14 days is the most common deadline). Indeed, this is the minimum legal period according to article L221-18 of the French Consumer Code. COSMIQUE DWC LLC is a member of the Association of European Mediators. The consumer can contact this mediation body at any time online at www.mediationconso-ame.com or by post.