1. GENERAL PROVISIONS
These General Terms and Conditions of Sale (“GTC”) constitute the basis of the contractual relationship between the Consumer and Masai, a French Société par actions simplifiée (831 855 192 RCS Paris) registered office situated 13 bis avenue de la Motte-Picquet – 75007 Paris, France (the “Seller”) and are systematically sent out or to each consumer in view of the sale of the products sold by the Seller and subject to these GTC.
The GTC are also available on the website of the Seller : www.belle-ombre.com (the “Website”).
The GTC could be supplemented by Special Terms of Sale or purchase orders. By accepting the GTC, the consumer hereby expressly waives its rights to any general conditions of purchase.
The fact that the Seller does not avail itself at a given time of any provisions of the GTC shall not be construed, for the Seller, as waiver to its right to rely on any of the provisions of the GTC at a later date.
The Seller shall be entitled to amend the GTC at any times. The most recent version of the GTC will be disclosed and communicated on the Website.
2. PRODUCTS AND PRICE
The products are the products sold by the Seller on the Website (the “Products”). The Products are described in sufficient details and the Seller undertakes to make its best effort to provide an illustration for each Product. The Consumer expressly acknowledges that the Seller is not liable for any non-compliant visual description of the Product via the illustration.
The Products are sold at a fixed and non-negotiable price. The currency is euros and excludes taxes and delivery charges. The delivery price is specified before the validation of the Order.
Any taxes, duties, fees or other charges payable under the applicable laws in France, or those of an importing country or transit country, are of Consumer’s responsibility.
3. ORDER ACCEPTANCE AND PAYMENT
3.1 Prior identification and account creation.
To place an order, the Consumer shall log in to the Website by providing his/her email address and password. In the event of first visit and/or first order on the Website, the Consumer shall create a personal account by giving his/her last name, first name, home address, email address, date of birth and credit card number.
3.2 Property of the ordered products.
The Products are ordered on the Website after a prior identification of the Consumer (the “Order”). The Order is deemed to be confirmed the day of its validation by the Consumer on the Website, but only if the Order provides for the products sold, its quantity and the agreed price terms. Any Order implies acceptance of the prices, the products description covered by the Order and implies the acceptance of all provisions of the GTC.
The Seller shall address a confirmation of the Order to the e-mail address specified by the Consumer. The Seller reserves the right to decline or cancel the Order at any time in case of a failure such as payment default, an invalid email address or any issue on the Consumer’s account.
In case of unavailability of a Product, the Seller shall inform the Consumer by email. The Order shall be cancelled and refunded by the Seller.
3.3 Payment of the Order
The payment is due upon acceptance of the Order. The Order shall be paid only by the credit/debit card registered by the Consumer in his/her account. The accepted cards are listed below: Carte Bleue, Visa, Mastercard and Paypal account. The Order amount shall be debited from the Consumer’s bank account when the Products shall be shipped.
If the Consumer fails to comply with his/her payment obligation(s) on time, the sale shall be cancelled and the Seller may require the return of the Products without prejudice of any other damages.
The delivery is made to the means address indicated by the Consumer in the Order. The delivery means (colissimo, point relay, etc) could be different depending on the Order and shall always be specified (with its cost) in the Order prior to its validation.
Deliveries of Products in metropolitan France and in United Kingdom are free of charge, unless specified otherwise on the Website before validation of the Order. Therefore the Consumer shall have no delivery charges for a Product delivered in those countries. However, any delivery in any other territory, including the French overseas territories, shall be invoiced to the Consumer, unless specified otherwise.
Delivery times are provided as accurately as possible but are dependent on the options open to the Seller in terms of supply and transportation. If delivery dates are exceeded, the Consumer shall not be entitled to claim damages, withhold payments or cancel any Orders in progress.
5. PRODUCT RETURNS
5.1 Refunds and exchanges
The Consumer could exercise its withdrawal right during a period of fourteen (14) days from the date of reception of its Order. During this period, the Products must be returned in the original packaging, undamaged, and without having used it or worn it.
All Products may be subject to withdrawal right except from those excluded by Article L.221-28 of the French Consumer Code (e.g. the personalized products designed for the benefit of the Consumer).
The Products subject to withdrawal right pursuant to the present article of the GTC are shipped to the Seller at Consumer’s costs. The Seller undertakes to reimburse the Consumer, upon receipt of the returned Product and verification of its excellent condition, all of the sum paid. Refund shall be made by the method of payment used for the Order.
Instead of the refund, the Consumer may request, under the same conditions as the refund, an exchange within the withdrawal period of fourteen (14) calendar days following receipt of the ordered Product.
5.2 Non-compliant Product
In the event a delivered Product does not comply with the Product description (wrong, defective, damaged or incomplete Products), any demand shall be made in writing by the Consumer within three (3) calendar days following the receipt of the Products from the carrier and/or the Seller on the Website. Failing this, no exchange or refund shall be made.
Beyond this period, the legal guarantee of conformity as provided by articles L.217-1 and seq. of the French Consumer Code shall apply. In the event of non-conformity of a Product delivered, the Consumer shall be entitled either to a replacement or to a refund, in accordance with the cost terms provided in the French Consumer Code.
6. PERSONAL DATA
Within the framework of the Order and the creation of an account, the Seller may collect Consumer’s personal data. The Seller undertakes to protect the personal data provided by Consumers by any means. Files containing personal data are stored on servers located on European territory which are compliant with the requirements of the General Data Protection Regulation (GDPR). The Seller does not communicate and does not sell any of its Consumers’ personal data.
By register on the site, the Consumer expressly consents to the collect and the process of her/his personal data necessary to carry out the Orders.
The personal data collected by the Seller are intended to enable the Order to be processed. The categories of personal data will be stored no longer than is necessary for the purpose they were obtained, including compliance with legal and fiscal obligations.
In accordance with the provisions of Law No. 78-17 dated January 6, 1978 as amended by Law No. 2004-801 dated August 6, 2004, known as the "loi Informatique et Libertés", and the General Data Protection Regulation (GDPR), subject to proof of identity, any Consumer, regardless of his/her nationality, has a right to access, modify and delete their personal data. Each Consumer is also entitled to request the restriction of processing concerning the data subject or to object to processing as well as the right to data portability.
For the purpose of applying this provision and, in particular, to ensure the confidentiality of the data of its Consumers, the Seller has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a Data Protection Officer, in the person of Mme Sandhya Domah, who can be contacted at the following address: firstname.lastname@example.org.
7. JURISICTION - DISPUTES
The GTC are governed by the laws of France. The court of competent jurisdiction in the event of a dispute will be the court of the place of residence of the defendant or, with the choice of the applicant, the place of effective delivery of the Product.
Any Consumer has the right to require, on a no fee basis, the assistance of a consumer’s mediator for the amicable resolution of a dispute against a professional. As such, the Seller shall guarantee to the Consumer the right to an effective access to mediation.
Mediation is not compulsory but only proposed in order to settle disputes while avoiding legal remedy.
This clause shall apply even in the event of urgent court proceedings, an additional application or multiple defendants or the introduction of third parties, regardless of the method and terms of payment, and any clauses within the Consumers’ documentation assigning jurisdiction shall not impede the application of this clause.