General Conditions of Sale of products online between professionals

Preamble

These general conditions of sale apply to all sales concluded on the Beautilux.fr website.

- The Beautilux.fr website is a service of:

> the company SARL Beautilux located at Rond-point des Françaix libres, 13530 TRETS

> website address: www.beautilux.fr

> email address: contact@beautilux.fr

> phone: 0465841865

Hosted by the company : VM Group Service, whose head office is Av René Cassin, 13530 Trets, Siret 914 926 688 00013

- The BEAUTILUX website sells the following products and services:

> Sale of products, machinery and tools for nail makeup and false nail application. Nailart decorations.

> Listing of professional training courses from SAS Académie Beautilux, the detailed catalog and online reservation of which can be found on

- The customer declares having read and accepted the general conditions of sale prior to placing his order. Validation of the order therefore constitutes acceptance of the general conditions of sale.

  • Article 1 - Principles

    - These conditions apply to all sales made on the Beautilux.fr website for products related to professional nail makeup. By validating his order, the customer is considered a professional and accepts these conditions without reservation.

    - These general conditions express the entirety of the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties.

    - These general terms and conditions of sale prevail over any other document, and in particular over any general terms and conditions of purchase. They apply, without restriction or reservation, to all services provided by the seller to professional buyers.

    - The seller and the buyer agree that these general conditions govern their relationship exclusively. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are posted online.

    - If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.

    - These general conditions of sale are communicated to any buyer who requests them, in order to enable them to place an order.

    - These general conditions of sale are applicable until December 31, 2024.

  • Article 2 - Content

    - The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and products offered by the seller to the buyer.

    - These conditions only concern purchases made on this website and delivered in mainland France, the French overseas departments and territories and internationally.

  • Article 3 - The order

    - The buyer places his order online, from the online catalog and using the form on the site.

    - For the order to be validated, the buyer must accept, by clicking on the place indicated on the site, the present general conditions. A confirmation email will be issued after acceptance of the present conditions and validation of the payment.

    - Delivery times are between 3 and 45 working days depending on available stocks.

    - The buyer must choose the address and delivery method.

    - The prices indicated are in euros, excluding delivery costs and excluding VAT, VAT is added under the "TAX" box and applied according to the country of the order (France 20%). Payments are made by credit card or transfer. A payment solution in several installments is possible subject to acceptance of the file by our financial partner Oney Banque.

    - Any delay in payment will result in the sums due becoming immediately payable.

    - Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of a possible telephone or written exchange and the guarantees mentioned in the General Conditions of Sale.

    - In certain cases, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

    - Sending an order in several installments cannot be requested.

    - Cancellation of an ordered product is not possible.

    - Cancellation of an order is possible once the shipping time has passed.

    - For any questions relating to the tracking of an order, the buyer can:

    > call the following number: 0465841865 (cost of a local call), on the following days and times: Monday to Friday from 9 a.m. to 5 p.m.,

    > send an email to the following address: contact@beautilux.fr

  • Article 4 – Electronic signature

    - The online provision of the buyer's bank details and the final validation of the order will constitute proof of the buyer's agreement. This will allow the seller to obtain the payment of the amounts due under the purchase order and will constitute signature and express acceptance of all operations carried out.

    - In the event of fraudulent use of bank details, the buyer is invited, as soon as this use is noted, to contact the seller by calling the following number: 0465841865, or by sending an e-mail to the following address: contact@beautilux.fr

  • Article 5 - Confirmation of the order

    Contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, to the address indicated by the buyer on the order form.

  • Article 6 - Proof of the transaction

    - The computerized records, stored in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.

    - The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

  • Article 7 - Product information

    - The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller.

    - The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.

    - Product photographs are not contractual.

  • Article 8 - Prices

    Calculation

    - The seller reserves the right to modify its prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability on that date. Prices are indicated in euros, excluding delivery costs and excluding VAT costs, invoiced in addition, and indicated before validation of payment of the order. Any change in the applicable VAT rate will be automatically reflected in the price including VAT of the online store.

    - Payment of the full price must be made when ordering. At no time may the amounts paid be considered as a deposit or down payment.

    - If one or more taxes or contributions, particularly environmental ones, were to be created or modified, either upwards or downwards, this change could be reflected in the sale price of the products.

    - For professionals with an active SIRET number for more than a year, payment within 45 days is possible subject to acceptance by our financial partner BPCE Banque Populaire.

    - A payment solution in several installments is also possible subject to acceptance of the file by our financial partner Oney Banque.

    - Any delay in payment will result in the sums due becoming immediately payable.

    Price reduction

    - The buyer may benefit from special discounts where applicable, according to the special conditions specified when ordering or in the contract to which the reduction would be attached (partnership).

  • Article 9 - Method of payment

    Regulations

    - This is an order with payment obligation, which means that placing the order implies payment by the buyer. Payment for the order is made only by credit card or bank transfer by the buyer.

    - For professionals, whose SIRET number has been active for more than a year, it is possible for any order of €1000 to pay within 45 days, subject to acceptance by our financial partner BPCE Banque Populaire. The price is payable in full and in a single payment upon validation of the order. The payment date will be mentioned on the invoice sent to the buyer in the case of payment within 45 days.

    - A payment solution in several installments is also possible subject to acceptance of the file by our financial partner Oney Banque.

    - In all cases of payment solution, the buyer must enter his bank details in the space provided and confirm this entry by validating. The seller reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by officially accredited organizations or in the event of non-payment.

    - The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is currently being administered.

    - The seller has set up an order verification procedure to ensure that no person uses another person's bank details without their knowledge. As part of this verification, the buyer may be asked to send the seller a copy of an identity document and proof of address by email. The order will then only be validated after receipt and verification by the seller of the documents sent.

    Late payment

    - Any delay in payment will result in the immediate payment of all sums owed to the seller by the buyer, without prejudice to any other action that the seller would be entitled to take, in this respect, against the buyer.

  • Article 10 - Availability of products and packaging

    - Except in cases of force majeure or during closing periods clearly announced on the home page of the site, shipping times will be, within the limit of available stocks, those indicated in the T&Cs. Shipping times run from the date of registration of the order indicated on the order confirmation email.

    - All orders placed before 12:00 p.m. are dispatched the same day, subject to availability.

    - Orders placed after 12:00 p.m. or via parcel relay point are sent the day after the buyer placed their order, subject to available stock.

    - For any delivery outside mainland France, it is advisable to check the delivery time with the delivery services via the parcel tracking number provided in the shipping confirmation email.

    - In the event of a delay, the seller cannot be held liable for any reason whatsoever. Consequently, no claim for compensation of any nature whatsoever may be made by the buyer.

    - If the product ordered is unavailable, the buyer will have the option to choose between waiting for restocking or a replacement product by calling 04 65 84 18 65.

    - In the event that the ordered product is not available in the desired packaging, we reserve the right to replace it with smaller capacity containers while maintaining a strict equivalence of the total weight. This measure aims to avoid the customer a prolonged wait. For example, a 50 gram jar of a gel may be replaced by five 10 gram jars of the same reference.

  • Article 11 - Delivery terms

    - Delivery is only made after confirmation of payment by the seller's banking institution.

    - It is provided within the time period specified in Article 10, from the receipt by the seller of the purchase order. In the event of a delay, Beautilux cannot be held responsible.

    - In the event of non-compliance with the payment conditions listed above, the seller may suspend or cancel the sale.

    - The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. It may happen that the relay point selected by the customer is modified by the carrier without Beautilux's knowledge for logistical reasons.

    - It is the customer's responsibility to facilitate delivery by fully collaborating with the carrier. If the package should be returned to Beautilux due to a lack of will on the part of the customer, Beautilux cannot be held responsible, no refund can be required. If the customer wishes to have his package reshipped, additional costs will be due.

    - Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, upon request, have an invoice sent to the email address provided when ordering.

    - If the buyer is absent on the day of delivery, the delivery person will leave a delivery notice by SMS or EMAIL, which will allow the package to be collected from the location and during the time indicated.

    - If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged).

    - The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, product missing from the delivery note, damaged package, broken products, etc.) within 24 hours of receipt of the package.

    - The buyer must then confirm these reservations to the carrier by registered letter no later than two working days following receipt of the item(s) and send a copy of this letter by email or regular mail to the seller at the address indicated in the legal notices of the site.

    - This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery note and the 24-hour period following receipt has passed. It will then be impossible to obtain a refund.

    - If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 working days following delivery. Any claim made outside this period will not be accepted. The return of the product will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

  • Article 12 - Delivery errors

    - The buyer must make any claim to the seller regarding delivery errors and/or non-conformity of the products in nature or quality compared to the information on the order form within 24 hours of delivery. Any claim made after this period will be rejected.

    - The claim may be made, at the buyer's choice:

    > by contacting the seller on the following telephone number: 04 65 84 18 65

    > using the following email address: contact@beautilux.fr

    - Any claim not made in accordance with the rules defined above and within the time limits specified cannot be taken into account and will release the seller from any liability towards the buyer.

    - In the event of a delivery error, any product not conforming to the order form will be subject to a commercial gesture.

    - Products that are reported as missing and whose absence in the package is confirmed by an internal investigation will be refunded in full.

  • Article 13 - Product warranty

    - The seller guarantees the buyer against any lack of conformity of the services and any hidden defect, arising from a design or supply defect of said services, excluding any negligence or fault of the buyer.

    - In any event, in the event that the seller's liability is retained, the seller's guarantee would be limited to the amount excluding tax paid by the buyer for the purchase of the goods.

  • Article 14 - Right of withdrawal

    - The buyer being a professional purchasing within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for by the consumer code.

  • Article 15 - Force majeure

    - Any circumstances beyond the control of the parties, preventing the execution under normal conditions of their obligations, are considered as grounds for exemption from the parties' obligations and result in their suspension.

    - The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

    - The following shall be considered as cases of force majeure: any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, war, pandemic, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

    - The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts more than three months, these general conditions may be terminated by the injured party.

  • Article 16 - Partial non-validation

    - If one or more clauses of these general conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other clauses will retain their full force and scope.

  • Article 17 - Non-waiver

    The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.

  • Article 18 - Applicable law

    - These general conditions are subject to the application of French law.

    - The parties undertake to seek an amicable solution to any dispute which may arise from the interpretation or execution of the Contract.

    - If they fail to do so, the parties will submit the dispute to the Commercial Court of Aix en Provence.

Article 19- Collection of personal data

Data collected:

- The personal data collected on this site are as follows:

- Account opening: when creating the user's account, their surname, first name, email address, telephone number; postal address

- Connection: when the user connects to the website, the latter records, in particular, his/her surname, first name, connection data, usage data, location data and payment data.

- Profile: the use of the services provided on the website allows you to complete a profile, which may include an address and a telephone number.

- Payment: as part of the payment for products and services offered on the website, the website records financial data relating to the user's bank account or credit card.

- Communication: when the website is used to communicate with other members, data concerning the user's communications are subject to temporary storage.

- Cookies: cookies are used, as part of the use of the site. The user has the possibility to deactivate cookies from the settings of his browser.

Use of personal data

- The personal data collected from users is intended to provide the website services, improve them and maintain a secure environment. More specifically, the uses are as follows:

> access and use of the website by the user

> management of the operation and optimization of the website

> organization of the conditions of use of Payment Services

> verification, identification and authentication of data transmitted by the user

> offering the user the possibility of communicating with other users of the website

> implementation of user assistance

> personalization of services by displaying advertisements based on the user's browsing history, according to their references

> prevention and detection of fraud, malware (malicious software) and management of security incidents

> management of possible disputes with users

> sending commercial and advertising information, based on user preferences.

Sharing personal data with third parties

- Personal data may be shared with third-party companies in the following cases:

> when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts

> when the user publishes, in the free comment areas of the website, information accessible to the public

> when the user authorizes a third party website to access his data

> when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data.

> if required by law, the website may carry out the transmission of data to respond to claims made against the website and to comply with administrative and judicial procedures

> if the website is involved in a merger, acquisition, transfer of assets or bankruptcy proceedings, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.

Security and Privacy

- The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.

Implementation of user rights

- In application of the regulations applicable to personal data, users have the following rights, which they can exercise at the following address sav@beautilux.fr:

> they can update or delete data concerning them by logging into their account and configuring the settings of this account

> they can delete their account, by writing to the following email address: contact@beautilux.fr. Please note that information shared with other users, such as forum posts, may remain publicly visible on the website, even after their account is deleted.

> they can exercise their right of access, to know the personal data concerning them, by writing to the following email address: contact@beautilux.fr. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy

> if the personal data held by the website is inaccurate, they can request that the information be updated by writing to the following email address: contact@beautilux.fr

> users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address: contact@beautilux.fr

Evolution of this clause

- The website reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its site. If the user does not agree with the terms of the new wording of the personal data protection clause, he/she has the option of deleting his/her account.