General Conditions of Sale and Use (CGV / CGU)
1. About us
The Société Marine esthetique whose head office is at 9 boulevard de montreal, 06200 Nice
registered N ° 82045362900017 at Insee represented by Madame FLAMANT MARINE
The Company markets the following products to its Customers via its Website: Sale of non-medical cosmetic products related to beauty.
The Company invites Users to carefully read these General Conditions of Sale and Use (hereinafter the "GTC / GCU"). Placing an Order implies acceptance of the GTC / GTCU. The characteristics of the Products are indicated on the Website. It is up to the Customer to take this into account before purchasing. The photographs or graphics presented on the Website are not contractual.
The Customer acknowledges having read and accepted them by checking the box provided for this before placing his Order online.
The T & Cs / T & Cs frame the conditions under which the Company sells its Products to its Professional and Consumer Customers via its Website.
They apply to all sales concluded by the Company and are binding on any contradictory document, in particular the Customer's general purchasing conditions.
They are systematically communicated to the Customer who requests them.
In the event of a subsequent modification of the T & Cs / T & Cs, the Customer is subject to the version in force at the time of his Order.
“Customer” means the Professional or the Consumer who has placed an Order for a Product sold on the Website;
"Order" means any order placed by the User registered on this Site;
"General Conditions of Sale and Use" or "GTC / GCU" designate these general conditions of use and online sale;
“Consumer” means the purchaser who is a natural person who is not acting for professional needs and / or outside his professional activity;
“Products” designates material things that can be appropriated and that are offered for sale on this Site;
"Professional" means the buyer, a legal or natural person who acts within the framework of his professional activity;
“Company” designates the Marine Aesthetic Company, more fully designated in article I hereof; and
"User" means any person who makes use of the Site.
"Supplier" means any person who supplies the goods to the Company
Registration on the Site is open to all legal or natural persons of legal age and enjoying their full personalities and legal capacities.
The use of the Site is conditional on the registration of a User. Registration is free.
To proceed with the registration, the User must fill in all the mandatory fields, failing which the registration cannot be completed.
The Users guarantee and declare on their honor that all the information communicated on the Site, in particular during their registration, is exact and in conformity. They undertake to update their personal information from the page dedicated to them and available in their account.
Any registered User has a username and password. These are strictly personal and confidential and must under no circumstances be communicated to third parties under penalty of deletion of the account of the offending registered User. Each Registered User is personally responsible for maintaining the confidentiality of their username and password. The Company will in no way be held responsible for the identity theft of a User. If a User suspects fraud at any time, he must contact the Company as soon as possible, so that the latter can take the necessary measures and regularize the situation.
Each User, whether a legal or natural person, can only hold an account on the Site.
In the event of non-compliance with the T & Cs / T & Cs, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to proceed with the temporary or permanent deletion of all the accounts created by the 'Offending user.
The deletion of the account entails the definitive loss of all the advantages and services acquired on the Site. However, any Order made and invoiced by the Site before the account is deleted will be executed under normal conditions.
In the event of deletion of an account by the Company for breach of the duties and obligations set out in the T & Cs / T & Cs, the offending User is formally prohibited from re-registering on the Site directly, through another email address. or by an intermediary without the express authorization of the Company.
Any Order can only be made when the User has registered on the Site. The User, when logged into his account, can add Products to his virtual basket. He can then access the summary of his virtual basket in order to confirm the Products he wishes to order and place his Order by pressing the “Order” button.
He must provide an address, a delivery method as well as a valid payment method in order to finalize the Order and effectively form the sales contract between him and the Company. The finalization of the Order implies acceptance of the prices of the Products sold, as well as the terms and delivery times indicated on the Site.
Once the Order has been placed, the User will receive confirmation by email. This confirmation will summarize the Order as well as relevant information relating to the delivery. Placing an Order constitutes the conclusion of a distance sales contract between the Company and the Customer.
6. Products and prices
The Products covered by the GTC / GTCU are those which appear on the Site and which are sold and shipped directly by the Company.
The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale takes place within the limits of the Company's available stocks. The latter cannot be held responsible for shortages of stock or the impossibility of selling a Product whose stock is non-existent.
The Company's products and prices are valid as long as they are visible on the site, within the limits of available stocks. For products not stored in the Company's warehouses, the offers are valid subject to availability from the Company's Suppliers. In this context, information on the availability of products will be provided to the Customer at the time of placing the order. This information will come directly from the Suppliers, errors or modifications may exceptionally exist.
In the event that a product is unavailable after placing your order, the Company will inform you by email or by post upon receipt of the information received by our Suppliers. The Customer's order will be automatically canceled and the Customer will be refunded, if the Customer's bank account has been debited no later than 30 days from payment of the sums paid by the Customer.
When a registered User wishes to acquire a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, all taxes included (TTC), excluding shipping costs and takes into account the applicable reductions and in force on the day of the Order.
The price indicated does not include the delivery costs which will be detailed if necessary in the summary before placing the Order. If the total cost of the Products cannot be calculated in advance, the Company will send the Customer a detailed estimate setting out the price calculation formula.
Under no circumstances may a User require the application of reductions no longer in force on the day of the Order. The company reserves the right to modify its prices at any time and undertakes to apply the prices in force which will have been indicated to you at the time of your order, subject to availability on that date.
All orders are payable in Euros only and only in France. The products remain the property of the Company until full payment of the amount of the order. .
7. Payment terms
Unless otherwise specified, all sales are paid in cash at the time of placing the Order.
Depending on the nature or amount of the Order, the Company remains free to require a deposit or payment of the full price when placing the Order or when receiving the invoice.
Payment can be made by:
1) Paypal or Credit Card via a secure connection ( www.paypal.fr )
2) Bank transfer: The banking information is transmitted by email after the validation of the order on the sales site if this method of payment is chosen.
Please note, the bank transfer fees are the responsibility of the Customer and must not be taken from the total amount of the order.
In any case, the merchandise will only be shipped after verification and receipt of payment on our accounts.
8. Method of delivery and shipping costs
The Products are delivered exclusively to the following geographic areas:
Delivery by the carrier La Poste in Colissimo with or without signature for Metropolitan France l. The choice of delivery without signature cannot be the subject of any complaint in the event of delivery error or loss of the package, in which case the customer must make his complaint directly to La Poste.
Shipping costs are free for any order over € 100 including tax (product price) and the package weight of which is less than 3 kg and this for mainland France only. For an order over 100 € TTC (Product price).
Free of shipping costs with withdrawal from the cocooning cabin in Nice during my opening hours (address and times indicated on our site), this option is intended for Company customers, who have the possibility to come and collect their order directly from my website. cabin in Nice.
9. Delivery times
The products ordered are transported at the risk and peril of the recipient.
The products are delivered by La Poste in Colissimo to the delivery address you indicated during the ordering process.
Delivery delay :
4 to è working days for metropolitan France, Corsica and Monaco.
This is an average time depending on the destination and the availability of the items. The Company cannot be held responsible for the consequences due to a delay in delivery on the part of LA POSTE and does not entitle the customer to claim damages.
Delivery is made, according to the Customer's choice and according to the prices indicated on the Site:
At the address indicated by the Customer when ordering by simple mail.
In one of the Company's stores, Ongles Galerie 6, Place Olivier 31300 Toulouse.
10 Delivery and complaints
The Customer must check the conformity of the goods delivered at the time of delivery and before signing the delivery note (La Poste). The Customer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damaged product). This verification is considered to have been carried out once the Customer, or a person authorized by him, has signed the delivery slip. The Customer must also confirm these reservations to the carrier by registered mail no later than three working days following receipt of the item (s) and send a copy of this letter to the Société Marine esthetique, 9 boulevard de montreal 06200 Nice
If the products need to be returned to us, they must be returned within 14 (fourteen) days of delivery. Any complaint made after this deadline cannot be accepted.
The return of the product can only be accepted for products in their original condition (compulsory invoice, packaging, protective disc, accessories, instructions).
Important: the products are taken back if they are not opened.
If at the time of delivery, the original packaging is damaged, torn or opened, you must then check the condition of the items. If they have been damaged, you must absolutely refuse the package and note a reservation on the delivery slip (package refused because open or damaged). We remind you that if you refuse the package the return is free by post within 72 hours.
If the company has an error, undertakes to exchange or reimburse you for products that do not correspond to your order, resulting from an error on our part. In this case, please report it within 48 hours of receipt of the items, in detail only by email with photos (firstname.lastname@example.org). After confirmation from the Company by return email, return the product (s) to us in the original packaging, intact, unsealed and unused, accompanied by all possible accessories, invoice, instructions for use and documentation to the following address: Marine esthetique, 9 boulevard de montreal 06200 nice. Any complaint made after this deadline cannot be accepted.
If the Customer makes an error, the company grants a right of withdrawal of 14 days from the date of delivery to return at your own expense the products that do not suit you.
Return procedure: any return must be reported to us by email (email@example.com) and after confirmation from us by return email, the customer can reship the products to us by Colissimo with return receipt against signature in order to avoid any loss of packages. Any product subject to withdrawal from the Customer must be returned to us in new condition, suitable for resale. Any product that has been damaged, that is incomplete, or whose original packaging is damaged or absent, will not be refunded or exchanged. In the event of a possible exchange, the return costs remain the responsibility of the customer.
Important: Any product return that is not made according to the above procedure will not be taken into account.
The company cannot be held responsible for any damage of any kind, whether material, immaterial or bodily, which could result from a malfunction or from the improper use of the products sold. The same applies to any modifications to the Products resulting from the manufacturers.
The Company cannot be held responsible for simple errors or omissions which may have remained despite all the precautions taken in the presentation of the products. In the event of difficulties in the application of this contract, the Customer and the Company reserve the right, before any legal action, to seek an amicable solution. Otherwise, the Commercial Court of NICE has sole jurisdiction, regardless of the place of delivery and the method of payment accepted.
The Company reserves the right to modify the Site, the T & Cs / T & Cs as well as any delivery procedure or other component of the services provided by the Company through this Site.
When an Order is placed, the User is subject to the stipulations set out by the T & Cs in force when the Order is placed.
13. Processing of personal data
Registration on the Site entails the processing of the Customer's personal data. If the Customer refuses the processing of his data, he is asked to refrain from using the Site.
This processing of personal data is carried out in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016.
Furthermore, in accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, the right to query, access, rectify, modify and oppose all of his personal data by writing, by mail and providing proof of identity, to the following address: firstname.lastname@example.org
This personal data is necessary for the processing of its Order and the establishment of its invoices if applicable, as well as the improvement of the functionalities of the Site.
14 Sharing of collected data
The Site may use third-party companies, such as Paypal, La Poste, Colissimo, accounting services or others to carry out certain operations. By browsing the Site, the Customer accepts that third-party companies can have access to his data to allow the proper functioning of the Site.
These third-party companies only have access to the data collected in the context of carrying out a specific task.
The Site remains responsible for processing this data.
In addition, the User may therefore be required to receive information or commercial offers from the Company or its partners.
The User may at any time oppose the receipt of these commercial offers, by writing to the address of the Company indicated above.
In addition, Customer information may be transmitted to third parties without their express prior consent in order to achieve the following goals: comply with the law, protect any person against serious bodily injury or even death, fight against fraud or attacks made to the Company or its users, protect the Company's property rights.
15. Data protection
The Company ensures an appropriate level of security proportional to the risks incurred as well as their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016.
However, these measures in no way constitute a guarantee and do not commit the Company to an obligation of result concerning data security.
To allow its Users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, the Company may place a cookie on the User's computer. This cookie is used to store information relating to navigation on the Site, as well as any data entered by Users (in particular searches, login, email, password).
The User expressly authorizes the Company to place a so-called “cookie” file on the user's hard drive.
The User has the option of blocking, modifying the retention period, or deleting this cookie via the interface of his browser. If the systematic deactivation of cookies on the User's browser prevents him from using certain services or features of the Site, this malfunction can in no way constitute damage to the member who cannot claim any compensation for this fact.
The Company can in no way be held responsible for the unavailability, whether temporary or permanent, of the Website and although it implements all its means to ensure the service at all times, it is possible that this - here is interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any update, improvement or maintenance operation.
As previously mentioned herein, the Company can in no way be held responsible for delays in delivery for reasons beyond its control, beyond its control, unforeseeable and irresistible or for which the fault cannot be attributed to it.
18. Intellectual property
The brand, logo and graphic charter of this Site are trademarks registered with the INPI and intellectual works protected by copyright, the property of which belongs exclusively to the Company. Any distribution, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal proceedings.
19. Jurisdiction clause
The law governing the CGV / CGU is French law. Any dispute that may arise between the Company and a User during the execution of these conditions will be the subject of an attempt to resolve amicably. Otherwise, disputes will be brought to the attention of the competent courts of common law.
20. Acceptance of the T & Cs / T & Cs
The Customer or User expressly accepts the GTC / GTCU.
The Customer declares to be aware of it and waives the right to rely on any other document, in particular its own general conditions of purchase.
The Consumer acknowledges having knowledge of the information and information provided for in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular:
the essential characteristics of the Product;
The price of the products ;
the date or the deadline on which the Company undertakes to provide the Service;
information relating to the identity of the Company (postal, telephone, electronic contact details);
information relating to legal and contractual guarantees and their implementation methods;
the possibility of resorting to conventional mediation in the event of a dispute;
information relating to the right of withdrawal (time limit, modalities of exercise).
21. Applicable law and contact details of the mediator
This agreement is subject to French law. The language of this contract is French. In the event of a dispute, the French courts will have sole jurisdiction.
60, Rue de la Boétie, PARIS 75008
22. Customer service
For any information or question, our customer service is at your disposal:
by email: email@example.com
by mail: marine esthetique 9 boulevard de montreal 06200 Nice