General Terms and Conditions
TERMS OF SALES
Between the AMS BEAUTY Company,
6 place carnot, 93110 Rosny-sous-bois, registered in the PARIS Trade and Companies Register, under SIRET number 88847620700012 , represented by Ms. Adji Coulibaly as manager, duly authorized for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the site's home page.
Hereinafter the “Seller” or the “Company”.
Firstly,
And the natural or legal person purchasing products or services from the company,
Hereinafter, “the Buyer”, or “the Customer”
On the other hand,
The following was presented and agreed:
PREAMBLE
The Seller is a publisher of retail Cosmetic Products intended for end consumers, marketed through its websites (https://www.ams-beauty.com). The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.
Article 1: object
These General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.
Article 2: General provisions
These General Conditions of Sale (CGV) govern the sales of Products or Services, made through the Company's websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who accepted them before placing the order.
The Seller reserves the right to modify these terms at any time by publishing a new version on its website, without prior notice. The T&Cs applicable then are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These General Conditions of Sale can be consulted on the Company's website at the following address: https://www.ams-beauty.com/cgv.
The Company also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer declares to have read all of these General Conditions of Sale, and where applicable the Special Conditions of Sale linked to a product or service, and to accept them without restriction or reservation.
The Customer acknowledges that he has received the necessary advice and information to ensure the suitability of the offer to his needs.
The Client declares that he is able to legally contract under French laws or validly represent the natural or legal person for whom he is contracting.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Price
The prices of products sold through the websites are indicated in Euros, all taxes included (VAT + other possible taxes) and precisely determined on the Product description pages. They are also indicated in euros excluding taxes on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums do not fall within the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary for access to the Company's websites are the responsibility of the Customer. Also, where applicable, delivery costs are the responsibility of the Customer.
Article 4: Conclusion of the contract online
In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to complete their order:
- Information on the essential characteristics of the Product
- Choice of Product, if applicable, of its options
- Indication of the Customer's essential contact details (identification, email, address, etc.)
- Acceptance of these General Conditions of Sale
- Verification of the elements of the order (double click formality) and, if necessary, correction of errors.
Before proceeding with its confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or cancel his order. Confirmation of the order will constitute the formation of this contract. Then follow the instructions for payment, payment for the products, then delivery of the order. The Customer will receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive by email a PDF copy of these general conditions of sale.
During the ordering process, the customer will have the possibility of identifying any errors made in data entry and correcting them. The language proposed for the conclusion of the contract is French.
The terms of the offer and the general conditions of sale are sent by email to the buyer when ordering and archived on the Seller's website.
The archiving of communications, the order, order details, as well as invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the Civil Code. This information may be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. For the purposes of successful completion of the order, the Customer undertakes to provide true identification information. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites, as well as, where applicable, the method of use of the product. In accordance with article L112-1 of the Consumer Code, the consumer is informed, by marking, labeling, display or any other appropriate process, of the prices and special conditions of sale and of the execution of the services before any conclusion of the sales contract. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, this not including shipping costs charged in addition. These possible costs are indicated to the Buyer during the sales process, and in any case at the time of confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
When the products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies having received details of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and to its activities in the context of this sale. The Seller undertakes to honor the Customer's order within the limits of available Product stocks only. Failing this, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller reimburses the customer.
The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period of the offer of Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided).
Article 6: Compliance
In accordance with article L.411-1 of the Consumer Code, the products and services offered for sale through these General Terms and Conditions meet the requirements in force relating to the safety and health of people, the fairness of commercial transactions and consumer protection. Regardless of any commercial guarantee, the Seller remains liable for any lack of conformity and hidden defects in the product.
In accordance with article L.217-4, the seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
In accordance with legal provisions regarding conformity and hidden defects (art. 1641 c. civ.), the Seller refunds or exchanges defective products or products that do not correspond to the order. Reimbursement can be requested in the following manner:
- Contact the Company via the contact form on the home page of the Website
- Return of the Products to the Company's headquarters according to the procedure described
- Verification of the Products returned by the Company (these must be in their original packaging, not stained, not soiled, not damaged, not washed)
- Reimbursement of the amount paid to the Company on the means of payment used when placing the order.
Article 7: Reservation of ownership clause
The products remain the property of the Company until full payment of the price.
Article 8: Delivery terms
The products are delivered to the delivery address which was indicated when ordering and within the times indicated (5 to 10 days to France, 10 to 15 working days to the rest of the world). These deadlines do not take into account the order preparation time. In the event of a shipping delay, the Company must inform the customer as quickly as possible, and if necessary, offer cancellation of the order and a full refund.
In the event of late delivery, the Customer has the option of resolving the contract under the conditions and terms defined in Article L 138-2 of the Consumer Code. The Seller then reimburses the product and the “outbound” costs under the conditions of Article L.138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of local communication from a landline) indicated in the order confirmation email in order to monitor the order. The Seller reminds that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him. It is the Customer's responsibility to notify the carrier of any reservations regarding the delivered product.
Article 9: Availability and presentation
If an item is unavailable for a period of more than 10 working days, you will be immediately informed of expected delivery times and the order for this item may be canceled upon simple request. The Customer can then request a credit for the amount of the item or a full refund and cancellation of the order.
Article 10: Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can make payment by payment card or bank check. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by bank card is carried out by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Customer authorizes the Seller to debit their card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately automatically terminated and the order cancelled.
Payment in installments with Scalapay
Payment in installments/deferred is available via our partner Scalapay. Payment security is ensured by Scalapay and its service providers. All payments are protected by 3D Secure.
Amount of purchases
Payment several times: Only purchases between €60 and €2,000 are eligible for payment with Alma.
Costs
By paying in several installments with Scalapay, the Customer does not pay any fees.
Termination
Any termination of the T&Cs which bind the Seller and the customer, results in the termination of the T&Cs between Scalapay and the customer.
Article 11: Withdrawal period
In accordance with the provisions of article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order.
The right of withdrawal can be exercised by downloading this withdrawal form and sending it to the address contact@ams-beauty.com. The products purchased will be reimbursed by the Company, and the return costs will remain the responsibility of the Customer. Products must be returned complete and in their original condition (packaging, accessories).
Reimbursement procedure:
- Contact the Company via the Company's website (standard right of withdrawal form)
- Return of Products to the Company's headquarters
- Verification of the Products returned by the Company (these must be in their original packaging, not stained, not soiled, not damaged, not washed)
- Reimbursement of the amount paid to the Company on the means of payment used when placing the order.
Article 12: Guarantees
In accordance with the law, the Seller assumes the following guarantees: conformity and relating to hidden defects in the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order placed .
In accordance with the law, the Seller assumes the guarantees of conformity and relating to hidden defects of the products. The Seller reimburses the Buyer or exchanges Products that are apparently defective or do not correspond to the order placed. The Seller reminds that the consumer:
- has a period of 2 years from delivery of the goods to act with the Seller
- that he can choose between replacement and reimbursement of the goods subject to the conditions provided for by the aforementioned provisions
- that he can also claim the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between canceling the sale or reducing the sale price (provisions of articles 1644 of the Civil Code).
Article 13: Complaints and mediation
If applicable, the Buyer may submit any complaint by contacting the company via the contact form on the Company's Website.
In accordance with the provisions of arts. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he can resort to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.
In the event of failure of the complaint request to the Seller's customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will independently attempt to reconcile the disputes. parties with a view to obtaining an amicable solution.
Article 14: termination of the contract
The order can be canceled by the buyer by registered letter with request for acknowledgment of receipt in the following cases: — delivery of a product that does not conform to the characteristics of the order; — delivery exceeding the deadline set when ordering or, in the absence of a date, within thirty days following payment; — unjustified price increase or product modification. In these cases, the buyer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
Article 15: Intellectual property rights
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these General Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 16: Force majeure
The execution of the seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 17: Nullity and modification of the contract
If one of the stipulations of this contract were canceled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after written and signed agreement of the parties.
Article 18: Protection of personal data
In accordance with Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of this data, the Seller sets up a processing of personal data which has the purpose the sale and delivery of products and services defined in this contract. The Buyer is informed of the following elements:
- the identity and contact details of the data controller and, where applicable, the representative of the data controller: the Seller, as indicated at the top of these General Terms and Conditions; - the contact details of the data protection officer in the legal notices; - the legal basis of the processing: contractual execution - the recipients or categories of recipients of the personal data, if they exist: the data controller, its services in charge of marketing, the services in charge of IT security , the service in charge of the sale, delivery and order, the subcontractors involved in the delivery and sale operations as well as any authority legally authorized to access the personal data in question - no transfer outside the EU is provided for - the duration of data retention: the commercial limitation period - the data subject has the right to request from the data controller access to personal data, rectification or erasure thereof , or a limitation of the processing relating to the data subject, or the right to object to the processing and the right to data portability - The data subject has the right to lodge a complaint with a supervisory authority - the Information requested when ordering is necessary for the establishment of the invoice (legal obligation) and delivery of the goods ordered, without which the order cannot be placed. No automated decisions or profiling are implemented through the ordering process.
Article 19: Applicable law and clauses
All clauses appearing in these general conditions of sale, as well as all purchase and sale operations referred to therein, will be subject to French law.
The nullity of a contractual clause does not entail the nullity of these general conditions of sale.
Article 20: Consumer information
For consumer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it acquired, or would have given only a lower price, if he had known them.
Article 1648 of the Civil Code: Action resulting from fatal defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from apparent defects or lack of conformity.
Article L. 217-4 of the Consumer Code: The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L. 217-5 of the Consumer Code: The good complies with the contract:
1) If it is suitable for the use usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller 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 the 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 suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L. 217-12 of the Consumer Code: Action resulting from lack of conformity is prescribed two years from delivery of the goods.
Article L. 217-16 of the Consumer Code: When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restitution condition 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 request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention.