TERMS AND CONDITIONS OF SALE
The website is published and operated by Iris & Opale Beauty – Aurore Ghiringhelli – with headquarters at 91 rue du Faubourg Saint Honoré 75008 Paris.
SIRET number: 79498867500029
ARTICLE 1 / PURPOSE – DEFINITIONS
These General Terms and Conditions (hereinafter referred to as the Contract) describe the rights and obligations of Iris & Opale Beauty, a sole proprietorship, 91 rue du Faubourg Saint Honoré 75008 Paris, RCS Paris 794 988 675, hereinafter referred to as “Iris & Opale Beauty”, and its customer, the Buyer, hereinafter referred to as the Buyer, in connection with the creation and sale of beauty items (hereinafter referred to as the Sale) on the merchant website accessible from the url www.irisetopale-beauty.com (hereinafter referred to as the Site).
Use of the Site implies full acceptance of these terms and conditions of use. These conditions of use may be modified or supplemented at any time, and Users (hereinafter referred to as “User(s)”) of the Site are therefore invited to consult them regularly.
The Buyer is a natural person or legal entity registered on the Site and having completed and validated a registration form on which he/she will have indicated all the contact details requested or given his/her Buyer number if he/she has one. Registration is free of charge.
All Purchasers guarantee that they are fully authorized to use the bank card used on the Site, that it is a personal card and that it has not been used fraudulently. He also undertakes to ensure that it is sufficiently provisioned to cover the purchases he makes.
All Purchasers declare that they are over 18 (eighteen) years of age and have full legal capacity or legal authorization to place an order on the Site.
Sales made on the Site are subject to the present Contract. It prevails over any other condition of purchase or sale, unless expressly agreed otherwise by Iris & Opale Beauty. Any Sale made by Iris & Opale Beauty implies the Buyer’s unreserved acceptance of this Contract. The Contract applicable to the Sale(s) is that in force on the Iris & Opale Beauty Site at the date of validation of an order.
ARTICLE 2 / ACCESS TO THE SITE
The Site is normally accessible at all times to Users with Internet access. All costs relating to access to the Site, whether hardware, software or Internet access costs, shall be borne exclusively by the User. The user is solely responsible for the proper functioning of his or her computer equipment and Internet access.
Iris & Opale Beauty cannot be held responsible for any malfunction of the network, servers or any other event beyond reasonable control, which may prevent or impair access to the Site.
Iris & Opale Beauty reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Site, in order to ensure maintenance, or for any other reason, without the interruption giving rise to any obligation or compensation.
The User agrees not to engage in any activity that would interfere with or disrupt the Site (or the servers and networks connected to the Site).
ARTICLE 3 / ORDERING
The items created and offered for sale by Iris & Opale Beauty are those that appear in the catalog published on the Site. These products are offered and available while stocks last. Each product is accompanied by a description prepared by Iris & Opale Beauty.
The photographs appearing on the site are as accurate as possible, but cannot guarantee a perfect similarity with the item offered.
3.1 : Order validation
To place an order, the Buyer must have :
– previously completed and validated a registration form on which he/she will have indicated all his/her contact details,
– selected the product(s) to add to your basket,
– validate his order after having checked it; possibly correct the contents of his basket (identification and quantity of selected products, corresponding prices, methods and costs of delivery),
– accept these terms and conditions and click on the “Proceed to payment” button,
– made payment in accordance with the conditions laid down;
All data provided and the order confirmation recorded will be considered as proof of the transaction. Iris & Opale Beauty will acknowledge receipt and communicate by e-mail the validation of the order recorded, as well as a summary. These emails are sent to the email address given by the Buyer when registering on the Site. If a Buyer does not receive one of the two above-mentioned emails, he/she is advised to contact our Customer Service Department.
Iris & Opale Beauty nevertheless reserves the right not to validate a Buyer’s order for any legitimate reason, in particular in the event that :
– it does not comply with this Contract;
– one of its previous orders had not been paid in full when due;
– a dispute relating to the payment of one of its previous orders would be in the course of treatment;
– several serious and concordant factors point to the suspicion of fraud in the order.
3.2 : Order modification
The terms of orders transmitted to Cristal are irrevocable for the Buyer, unless accepted in writing by us. In such a case, Iris & Opale Beauty shall not be bound to respect the time limits initially agreed.
ARTICLE 4 / PRICE – PAYMENT
4.1 Price list
The prices shown in the E-shop are inclusive of VAT in euros, applicable on the day of the order; any change in the rate may be reflected in the price of the items offered by Iris & Opale Beauty. Iris & Opale Beauty reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalog on the day of the order will be the only one applicable to the Buyer.
Prices do not include shipping and handling. Shipping costs depend on the nature and quantity of the products ordered: they are indicated to the Buyer before the final validation of the order.
4.2. Terms of payment
If the bank refuses the payment of the order, this one will then be cancelled by right, Iris & Opale Beauty will then inform the Purchaser at once by e-mail.
Online payments on the Site are made via the Stripe platform, a specialist in secure online payment.
4.3. Default of payment
Failure to pay by the due date will result in the immediate payment of the total amount owed, a fixed indemnity for collection costs of €40 and a late payment indemnity equal to 3 (three) times the legal interest rate.
ARTICLE 5 / DELIVERY
5.1 : Delivery times
Delivery times are given for information purposes only and are subject to the availability of goods and the order in which orders are received.
Delays in delivery may not give rise to any penalty or compensation, nor be grounds for cancellation of the order.
However, if 1 month after the indicative delivery date, the goods have not been delivered, for any reason other than force majeure, the sale may be terminated by operation of law at the request of either party, by registered letter with acknowledgement of receipt. The Buyer may then obtain restitution of his deposit, to the exclusion of any other indemnity or damages. This does not apply to pre-ordered products.
In any case, on-time delivery can only be made if the Buyer is up to date with his obligations towards Cristal, whatever the cause, and without the customer being able to claim any compensation.
5.2 : Delivery terms
Delivery is made either directly to the Buyer by delivery to a shipper or carrier approved by Iris & Opale Beauty, such as La Poste http://www.tarif-colis.com, Colissimo http://www.colissimo.fr/particuliers/home.jsp, or Chronoposte http://www.chronopost.fr/transport-express/livraison-colis.
In the case of direct delivery, a delivery note will be issued and signed by both parties.
5.3 : Complaints on receipt
Complaints concerning the non-conformity of the goods delivered with the goods ordered must be made by registered letter with acknowledgement of receipt or by hand-delivered letter against receipt, regardless of the seller’s default.
ARTICLE 6 / RIGHT OF WITHDRAWAL
In accordance with the provisions of articles L.121-21 et seq. of the French Consumer Code, non-professional individuals have a period of fourteen days from receipt of the package to exercise their right of withdrawal without having to justify their decision or pay any penalties. To do this, you must send Iris & Opale within this period an email, indicating your intention to withdraw, to the address: firstname.lastname@example.org. The refund of the amount paid for the order will be made within thirty days of receipt of the letter by Iris & Opale Beauty.
To exercise the right of withdrawal, the product must be returned at least accompanied by the name and surname of the Buyer, and to avoid any homonymy, their address declared to Iris & Opale (email or postal) or the order number.
However, in accordance with the provisions of article L.121-21-8 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for the sale of products “made to the consumer’s specifications or clearly personalized”.
Only items returned in a condition permitting their resale by Iris & Opale Beauty (assuming that they are returned in new condition, in their original packaging). Consequently, items returned incomplete, damaged or soiled will not be accepted.
ARTICLE 7 / RETURN OF GOODS
As an exception to the provisions applicable to the right of withdrawal, any return of goods must be the subject of a written agreement between Iris & Opale Beauty and the Buyer.
Any goods returned without this agreement will be held at the Buyer’s disposal and will not give rise to the issue of a credit note or the reimbursement of the said sum.
The costs and risks of return are always borne by the Buyer.
All accepted returns will result, after verification of the returned products, in Iris & Opale Beauty’s choice of either :
– issue a credit note to the Buyer
– replacement of goods
– repayment of the said sum.
ARTICLE 8 / RETENTION OF TITLE
Iris & Opale Beauty reserves ownership of the goods sold until full payment of their price in principal and interest in accordance with Law No. 80.355 of 12/05/1980.
In the event of non-payment of the price on the agreed due date, Iris & Opale Beauty may take back the goods, the sale will be cancelled by operation of law if Iris & Opale Beauty sees fit, and any deposits already paid will be retained by us in consideration of the Buyer’s enjoyment of the goods until the goods are returned.
Transfer of risks: The goods remain the property of Iris & Opale Beauty until full payment of the price, but the Buyer becomes responsible for them as soon as they are physically handed over, the transfer of possession entailing the transfer of risks. The Buyer hereby undertakes to take out an insurance policy covering the risks of loss, theft or destruction of the designated goods.
ARTICLE 9 / ARCHIVING
Iris & Opale Beauty will archive order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of article 1348 of the French Civil Code. The computerized records of Iris & Opale Beauty will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
ARTICLE 10 / INTELLECTUAL PROPERTY
All elements of the Site are and remain the exclusive intellectual property of Iris & Opale Beauty.
All elements of the Site and the underlying technology are protected by copyright, patents and trademarks. Any person wishing to use these elements must first request written authorization from Iris & Opale Beauty. Similarly, any hypertext link to the Site is forbidden without the authorization of Iris & Opale Beauty.
ARTICLE 11 / PERSONAL DATA
11.1. Use of personal data
Iris & Opale Beauty is responsible for processing the personal data it collects in connection with the sale of items offered on the Site.
The information communicated by Users when registering on the Site and ordering products is used to process and monitor their orders, and to manage marketing and User relations.
Data concerning Users may be transmitted to Iris & Opale Beauty service providers for the purposes of processing orders and managing marketing and customer relations. Users may object to the disclosure of their contact details by notifying Iris & Opale Beauty.
In this respect, Iris & Opale Beauty assures you that it has taken the necessary measures to provide a legal framework for this transfer of data, in particular by completing the appropriate formalities with the CNIL.
Unless the User expressly objects, he or she may also receive promotional offers from Iris & Opale Beauty by telephone or postal mail if he or she has filled in the “cell phone”, “landline” and/or “address” fields when registering on the Site or placing an order.
11.2 Right of opposition, rectification or deletion of your personal data
In accordance with the provisions of the French Data Protection Act of January 6, 1978, as amended, Buyers have the right to access, oppose, rectify and delete any personal data held by Iris & Opale Beauty.
Users may exercise these rights by sending their request electronically via the “contact” section.
ARTICLE 12 / LIABILITY
Iris & Opale Beauty is only bound by an obligation of means; it cannot be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, disruption of service or other involuntary problems.
Furthermore, Iris & Opale Beauty cannot be held liable if it is unable to perform its obligations due to the fault of a third party or in the event of force majeure as defined by French case law.
ARTICLE 13 / FORCE MAJEURE
The occurrence of a case of force majeure has the effect of suspending the performance of Iris & Opale Beauty’s contractual obligations.
Force majeure is any event beyond our company’s control that impedes its normal operation at the manufacturing or shipping stage.
In particular, cases of force majeure include total or partial strikes hindering the smooth running of our company or that of one of our suppliers, subcontractors or carriers, as well as interruptions to transport, energy supplies, raw materials or spare parts.
ARTICLE 14 / APPLICABLE LAW AND JURISDICTION
Disputes between Iris & Opale Beauty and the Buyer, whatever their nature, do not give the Buyer the right to suspend payments.
This Contract is governed by French law.
In the event of disputes, the parties undertake to do their utmost to settle their differences amicably. In the event of a dispute, jurisdiction is assigned to the competent court within the jurisdiction of the TGI of Paris, which will have sole competence regardless of the nature, cause or location of the dispute, and regardless of the special conditions of sale, even in the event of a warranty claim or multiple defendants.
Should one or more clauses of the present contract become null and void for any reason whatsoever, this shall in no way affect the validity of the other clauses, which shall remain applicable.