Lashile Beauty - General conditions of sale on Internet (version March 2023)

Thank you to read these general conditions of sale carefully before ordering products on Internet site lashilebeauty.com. By ordering on the lashilebeauty.com site, you agree to be subjected to the present conditions.

SUMMARY

1. Field of application and precontractual information 

2. Warnings 

3. Orders 

4. Subscriptions

5. Rates

6. Terms of payment

7. Deliveries

8. Guarantees

9. Transfer of ownership

10. Right of withdrawal

11. Intellectual Property

12. Personal data

13. Cookies

14. Miscellaneous

15. Complaints

16. Disputes - applicable law

17. Pre-contractual information - Acceptance of the Client

1. Scope of application and pre-contractual information

1.1. The contact details of Lashilé Beauty Full Store Unlimited (the " Company ") are as follows

Lashilé Beauty Full Store Unlimited a simplified joint stock company with a capital of EUR 20,000, registered in the Marseille Trade and Companies Register under number 833 464 167, represented by Yoann Assouline, as President.

Registered Office

SAS FULL STORE UNLIMiTED - 148 TRAVERSE DE LA MARTINE - PARC TERTIAIRE DE LA VERRERIE - BAT B2 - 13011 MARSEILLE - FRANCE

Phone +33 (0)4 91 03 91 85 (Monday to Friday from 9am to 5:30pm).

Email: info@lashilebeauty.com

VAT number FR39 833 464 167

1.2 Scope of application: The present general conditions of sale (the " GCS ") apply only in the presence of the following conditions

1. sales to a non-professional buyer, i.e. a natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, artisanal, liberal or agricultural activity, in accordance with Article L221-1 of the Consumer Code; or

1. sales to a professional when this agreement does not fall within the scope of the professional's main activity and the number of employees employed by the professional is less than or equal to five, in accordance with Article L 221-3 of the Consumer Code; and

1. wishing to purchase the Products offered for sale (food supplements in the form of "Gummies" (the " Product (s)") by the Company on the Company's website www.lashilebeauty.com (the " Website ").

(referred to as the " Customer (s)")

The purchase of Products by a minor requires the express consent of the holder of parental authority.

1.3 Territory outside France. In the event that the sale of the Products, or the manner in which they are offered for sale, is deemed in whole or in part to be unlawful or illegal under the law applicable in Customer's territory of residence, it is Customer's responsibility to refrain from accessing the Products from that territory or to access the Products from other territories where it is deemed lawful. If the Customer chooses to access the Website from a territory where the sale of the Products is deemed, in whole or in part, illicit or illegal, the Customer shall bear the sole responsibility for the consequences of the application of the legal provisions of that territory, without the Company being held liable in this respect.

1.4. Essential characteristics of the Products. The Customer is invited to refer to the description of each Product appearing on the Website to know its precise characteristics; and in case of doubt or request for additional information, to contact the Company at the coordinates appearing in article 15 of the present GCS.

1.5. Available stocks. Product offers are subject to availability. Information on the availability of the Products is provided at the time the order is placed. In case of unavailability of a Product ordered, the Customer will be informed by e-mail. The Customer will then have the choice of requesting a refund of his order from the customer service department or waiting for the Company to restock and maintain his order which will be shipped as soon as possible.

Depending on the Customer's choice of formula, certain gifts called "goodies" may be offered to the Customer by the Company. These gifts, where applicable, are mentioned in the description of the package chosen by the Client. These gifts are offered within the limits of available stocks.

1.6. Other information. The information and data provided for by the Consumer Code are contained in these GTC, directly or by reference.

2. Warnings

2.1 Advice for use. Precautions for use. The advice for use and precautions for use of each Product appear on the website. The Customer is invited to consult and respect the advice for use and precautions for use appearing on the Products of the Website.

2.2 Effects. The Customer acknowledges that a cure of food supplements is an individual experience, that its effects cannot therefore be determined beforehand with accuracy, that it does not therefore fall under any obligation of results. Food supplements cannot replace physical exercise, nor can they be confused with medical and/or psychological follow-up or consultation. Similarly, food supplements must be used as part of a healthy lifestyle and not be used as a substitute for a varied and balanced diet or medication. In case of doubt about the state of health or possible medical contraindications, the Customer must consult a doctor before any purchase on the INTERNET Site.

3. Orders

1. It is the Customer's responsibility to select on the Website the Product(s) he/she wishes to order online. Once the choice is validated, the Customer must indicate all the information necessary for the shipment of the Product:

• Name
• First name
• Email address
• Complete physical address
• Telephone number

The Customer will then have to communicate on an online form the information relative to his credit card, thus allowing the secure payment of his order:

• the name of the holder,
• the 16 digits of his credit card,
• the expiration date,
• the virtual cryptogram code on the back of the credit card.

1. In accordance with article L.221-14 of the French Consumer Code, the Company will remind the Customer before he places his order, the goods that are the subject of the order, their price, the mention: " order with obligation of payment " indicating that the placing of an order obliges its payment.

1. The online contract is concluded when the Customer clicks on the button allowing to confirm the order after having visualized the details of this one and in particular its total price and having had the possibility to correct possible errors.

1. After having read the details of the order, and once all the requested information has been completed, the Customer can click on "Validate" to definitively confirm the order. The validation of the order implies acceptance of the GTC. The validation of the order means that the Customer has the necessary authorizations to use the chosen payment method.

1. The contractual information is presented in the French language and will be confirmed in writing by e-mail containing the contractual information, including the list of Products ordered.

The Customer is responsible for verifying the completeness and compliance of the information provided at the time of the order, particularly concerning the delivery address. The Company shall not be held responsible for any data entry errors made by the Customer and the consequences thereof (for example, delays or delivery errors). In this case, the costs incurred for the reshipment of the order will be charged to the Client.

The Company reserves the right to refuse an order in case of non-payment, even partial, of a previous order or in case of refusal of bank authorization during the online payment.

4. Subscriptions

4.1 Subscription. For any subscription, the Customer must click on "purchase with subscription" on the Website and validate his subscription when ordering. The Customer will be delivered and the amounts due by the Customer will be debited in accordance with the formula chosen by the Customer on the Website.

4.2 Unsubscription. Subscriptions are without commitment of duration. The Customer may terminate his subscription at any time, directly on his online account, by sending the Company a simple request by email or by phone. The termination will take effect 30 days following the receipt of the unsubscription request. Consequently, any order in progress during the notice period will be executed by the Company. The Customer will not be entitled to a refund for the order executed after the request for termination, including if the Customer unilaterally decides to return the Products received.

It is reminded that in accordance with Article L.221-18 of the Consumer Code, the subscription involving the regular delivery of goods, the fourteen-day withdrawal period mentioned in Article 10.2 of these GTC, runs only from the receipt of the first good.

5. Prices

5.1. Current prices. The Company may modify its prices at any time, but the Products will be invoiced to the Customer at the rates in force on the Website at the time the Customer places the order.

The prices indicated on the Website :

1. are expressed in Euros including VAT;

1. are exclusive of delivery charges, subject to the provisions of articles 7.3 to 7.5 of these GTC.

5.2. Characteristics of the prices. Prices are firm and non-revisable during their period of validity, as indicated on the Website. However, if one or more taxes or contributions were to be created or modified, whether upwards or downwards, this change could be reflected in the selling price of the Products on the Website and on the various sales media.

5.3. Invoice. An invoice is issued by the Company and given to the Customer after the order is placed. The Customer may also request that invoices be sent by e-mail by contacting the Company at info@lashilbeauty.com.

6. Terms of payment

6.1. Terms of payment. The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, according to the terms and conditions provided on the Website.

The Company shall not be obliged to deliver the Products ordered by the Client if the Client does not pay the price in full in accordance with the conditions indicated on the Website.

Payments made by the Client shall only be considered final after the Company has received the amounts due.

6.2. Security of transactions

1. The Company certifies that the payment card details are encrypted and never transmitted in clear text on the network. Payment is made directly to the bank.

1. In order to ensure the security of the transactions and to prevent fraud in the field of distance selling, the Company may have to carry out checks on the placing of orders.

Within the framework of a control, the Company can invite by e-mail the Customer to transmit :

• proof of address and identity (e.g. electricity receipt, landline telephone bill for the perfection of the order).

• A scanned copy of the partially masked front and back of the bank card (without communication of the security cryptogram);

In this case, the delivery period will only begin to run from the date of dispatch of the order, which cannot be earlier than the validation of the supporting documents.

In the absence of proof or if the documents sent do not allow the identity of the author of the order, the reality of the direct debit, or the apparent conditions of solvency to be verified, the Company reserves the right to cancel the order or to ask for a cash payment to guarantee the security of the online transactions and the perfect collection of the ordered Products.

6.3. Non-compliance with payment conditions. The Company reserves the right, in case of non-compliance with the terms of payment, to suspend or cancel the delivery of the orders in progress made by the Customer.

6.4 Payment with Klarna In order to offer you Klarna’s payment methods, we might in the checkout pass your personal data in the form of contact and order details to Klarna, in order for Klarna to assess whether you qualify for their payment methods and to tailor those payment methods for you. Your personal data transferred is processed in line with Klarna’s own privacy notice.

7. Deliveries

7.1 Destination. The Products can be delivered to Metropolitan France and DOM TOM, Belgium, Switzerland, Luxembourg, Spain, Germany, United Kingdom, and all other destinations listed on the Website. If the Customer wishes to have the Products delivered to two different locations, he/she will have to place two different orders and pay the associated shipping costs.

7.2 Delivery times. For deliveries in metropolitan France, the Products are shipped within 48 hours from the order confirmation by email to the Customer. Once the Products are shipped, delivery will be made to the address indicated by the Customer by Colissimo 48H (between 2 and 3 working days). For all other destinations, the delivery time is between 2 days and 14 working days; the name of the carrier will be communicated to the Customer by e-mail after the order.

7.3 Express delivery. The Customer may choose an express delivery method. In this case, the Customer will be asked to contribute to the delivery costs (the amount will be communicated to the Customer before the payment of the order). The Company will propose this mode of delivery depending on the feasibility.

7.4 Return. In case of return of the parcel to the sender for any impossibility of delivery, or refusal of reception by the Customer, for any reason whatsoever, a contribution to the return costs of five euros will be requested to send the parcel back.

8. Guarantees

8.1 Legal guarantees. The Company is bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 of the Consumer Code and that relating to defects in the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.

1. Legal guarantee of conformity:

In accordance with the provisions of Article L.217-15 of the Consumer Code, Articles L. 217-4, L. 217-5 and L. 217-12 of the said Code are reproduced below:

Article L217-4

"The seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of delivery.

He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his expense by the contract or has been carried out under his responsibility."

Article L217-5

"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 presented to the buyer in the form of a sample or model ;

- if it presents the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L.217-12:

"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."

1. Warranty of hidden defects :

Article 1641

"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 so diminish this use that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known about them.

Article 1648

"The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect."

8.2 Limitations of liability. The Company guarantees that the Products have been subjected to controls and tests carried out by the Company's partner laboratories prior to being placed on the market.

In any event, the Company shall not be held liable by the Client in the following cases

• lack of suitability of the Products for the Client's needs;
• damage suffered by the Client due to improper use of the Products
• failure of the Client to verify, before ordering and throughout the use of the Products, his/her state of health and any allergies to any of the components of the Product.

The Customer acknowledges that a cure of food supplements is not an obligation of results.

The testimonials on the Website have been sent by the Company's consumers and reflect only particular experiences. The Customer acknowledges that these testimonials are not a guarantee for his or her own results, but are intended to represent and illustrate potential results, obtained through optimal use of the Products.

The before and after photographs on the Website are representations made from actual Customer testimonials emailed to the Company by consumers of the Products. Since results are personal, no results can be guaranteed to the Client as a result of using the Products provided by the Company.

9. Transfer of risks

In accordance with Article L.261-4 of the French Consumer Code, any risk of loss or damage to the Products is transferred to the Client at the time the Client or a third party designated by the Client, other than the carrier proposed by the Company, takes physical possession of the Products.

10. Right of Withdrawal

10.1. Principle. The Client has a period of fourteen days to exercise its right of withdrawal.

10.2. Terms and conditions for exercising the right of withdrawal. In accordance with Article L. 221-18 of the French Consumer Code, as of the day following receipt of the Products, the Customer has a period of fourteen days to exercise his right of withdrawal, by sending either the form available on the Website by registered mail with acknowledgement of receipt, or any unambiguous written statement expressing his wish to withdraw, to the Company's headquarters. It is specified that in accordance with the applicable regulations, if the last day falls on a Saturday, Sunday or public holiday, the deadline is extended to the following day.

However, in accordance with Article L.221-18 of the French Consumer Code, it is reminded that if the Customer has chosen a subscription formula involving the regular delivery of Products, the fourteen-day withdrawal period only runs from the date of receipt of the first Product.

10.3 Return. The Customer must return the Products complete in their original packaging, in perfect condition, to the Company's address indicated above, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw. Damaged, spoiled or incomplete items are not accepted.

The Customer shall bear only the direct costs of returning the Products, i.e. the return costs.

10.4. Refunds. The Company is obliged to refund the Customer for all sums paid, including delivery costs (except for return costs), as soon as possible and at the latest within fourteen days of the date on which the Company was informed of the consumer's decision to withdraw. The Company may defer the refund until the goods have been recovered or the Customer has provided proof of shipment of the product, whichever comes first.

10.5 Exception. The Company shall not be obligated to refund the Customer in the following cases:

• Quantity of Products less than the order;
• Products opened, already consumed;
• Products whose security ring is no longer fully sealed;
• Products or packaging damaged, making them unfit for resale;
• Products not kept in the conditions recommended on the packaging.

11. Intellectual Property

11.1. The content of the Website is the property of the Company 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.

11.2. The Company is the owner of the intellectual property rights relating to the Products purchased by the Client, in particular the know-how, methods, copyrights and patents associated with the software that accompanies and integrates them, as well as the rights relating to their designs (drawings and models) or the names under which they are marketed (trademarks). The Client is prohibited from reproducing or exploiting the said Products, studies, drawings and models without the express, written and prior authorization of the Company.

12. Personal data

Within the framework of the orders placed by the Customers on the Company's website, the Company collects a certain amount of data, in particular for the payment of the order, the delivery, the follow-up of the order and the after-sales service. All the information relating to this processing is detailed in the privacy policy drawn up by the Company and accessible here.

13. Cookies

Cookies are stored in the memory of your browser. Their life span is permanent. They contain a unique identifier per browser. They constitute the history of visits to the Website and to each of its pages. You always have the possibility to set your browser to refuse these cookies without altering your navigation on the Website.

14. Miscellaneous

14.1 The data recorded by the Company constitutes proof of all transactions.

14.2. For the purposes of these T&Cs, the term "writing" includes postal mail, electronic mail, or fax.

14.3. In the event of nullity or non-enforceability of any clause of these GTC, the other clauses will continue to apply.

14.4 Any failure by the Company to exercise any of its rights under these GTCs shall not be construed as a waiver of such rights by the Company.

14.5. The occurrence of an event of force majeure shall suspend the performance obligations of the party affected by the event, in accordance with the applicable legal provisions.

14.6 The official language of these GTC is French. The use of any other language is only indicative. In case of difficulty of interpretation, the Parties shall refer solely to the French text.

15. Complaints

15.1 Any complaint or request for information concerning the Products or services must be addressed to the Company by one of the following means

• via the Website: by referring to the " Contacts

• by phone : at +33 (0)4 91 03 91 85 ;

16.1. In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Company adheres to the Service of the E-commerce Mediator of the FEVAD (Federation of E-commerce and Distance Selling) whose contact details are as follows: 60 Rue La Boétie - 75008 Paris - France. http://www.mediateurfevad.fr. After prior written request from consumers to the Company, the Mediation Service may be contacted for any consumer dispute that has not been resolved. To find out how to contact the Mediator, click here.

Mediation does not apply in the following cases

1. disputes between professionals ;

1. complaints made by the Client to the Company's customer service department or direct negotiations between the Client and the Company (but a prior complaint by the Client to the Company is nevertheless necessary to refer the matter to the mediator);

1. attempts at conciliation or mediation ordered by a court hearing the dispute

1. proceedings brought by the Company against the Client.

Prior to any mediation, the Client must submit a written complaint directly to the Company. His request for mediation cannot be examined by the consumer mediator until he establishes that he has taken this step. The request for mediation must then be made within one year of the written complaint, failing which it will be inadmissible.

A dispute cannot be examined by the Consumer Mediator when :

1. the request is manifestly unfounded or abusive ;

1. the dispute has been previously examined or is being examined by another mediator or by a court;

1. the dispute does not fall within its field of competence;

If one of these cases applies, the mediator must inform the Customer of the rejection of his request within three weeks of receiving his file.

In the event that the right to mediation is exercised, the Company will inform the Customer of the consumer mediation system in place.

16.2. If mediation is unsuccessful (where applicable), all disputes to which these GTC and/or the purchase and sale operations arising therefrom may give rise, concerning the validity, interpretation, performance, termination, consequences and their consequences, shall be submitted to the competent courts under the conditions of common law. In the event of a dispute with professionals and/or traders, the Commercial Court of Marseille shall have sole jurisdiction, subject to mandatory legal provisions granting jurisdiction to another jurisdiction.

16.3. The present GTC and the purchase and sale operations resulting from them are exclusively subject to French law.

17. Pre-contractual information - Acceptance of the Customer

Prior to the conclusion of the sales contract, the Client has been provided with the information and data required by the French Consumer Code, and in particular

1. the identity of the Company (company name, geographical address of the establishment, telephone number, e-mail address, VAT number);

1. the essential characteristics of the Products offered, to the extent appropriate to the communication medium used and the services concerned;

1. the total price of the Products, including taxes or, where the price cannot reasonably be calculated in advance, the method of calculating the price and, where applicable, any additional charges or, where such charges cannot reasonably be calculated in advance, a statement that such charges may be payable;

1. the date or period within which the Company undertakes to deliver the Products;

1. the existence and the terms of exercise of the legal guarantee of conformity provided for in Articles L 217-1 et seq. of the Consumer Code, of the guarantee of hidden defects provided for in Articles 1641 et seq. of the Civil Code;

1. the terms of payment, delivery and performance of the contract, as well as the terms provided by the professional for the processing of complaints;

1. the possibility of having recourse to a consumer mediator.

The Customer acknowledges that the fact of ordering on the Website implies full and complete acceptance of these GTC.