TERMS OF SERVICE
PREAMBLE
Demain® is an e-commerce site accessible via the Internet. It is open to any user of this network (hereinafter referred to as "Internet User"). Subscription to the Demain® subscription offered by the company Sandra Gasmi Consulting (hereinafter referred to as "Company") is carried out via the Internet Site www.demainbeauty.com (hereinafter referred to as the Site). The Site allows Demain® to offer for sale cosmetic products (hereinafter referred to as the "Products") to Internet users browsing the Site (hereinafter referred to as "Users"). For the application of these terms, it is agreed that the User and Demain® will be collectively referred to as the "Parties" and individually referred to as "Party", and that the User who has validated an order will then be referred to as "Customer". The rights and obligations of the User necessarily apply to the Customer.
Governed by Article L441-6 of the French Commercial Code and in accordance with Article L111-1 of the French Consumer Code, these general terms and conditions of sale determine the rights and obligations of the parties to the contract relating to Demain®. By the mere fact of validating his/her order on the Site, the user declares to have read, understood and accepted without reservation the terms of said order as well as all of these general terms and conditions of sale. The general terms and conditions of sale are only valid in French. These conditions are applicable in their terms on the day of subscription according to their wording on the Site. However, they may be subject to modifications. These conditions are subject to the applicable French law in force.
It is specified that the Products are intended for the User's personal use, without any direct connection with the User's professional activity. As such, the User's attention is particularly drawn to the fact that the amount of his order must not exceed the sum of one thousand euros (€1,000).
ARTICLE 1 – PRESENTATION OF THE COMPANY
The Site www.demain-natural-beauty.com is published and produced by the company Sandra Gasmi Consulting, a simplified joint stock company with capital of 10,000 euros, registered in the Paris Trade and Companies Register under number B834241408, whose head office is located at 99 rue de Courcelles, 75017 Paris.
ARTICLE 2 – PURPOSE
The purpose of these general terms and conditions of sale is to define, exclusively by reason of the relationships they establish on the Internet network and only on the Site, the rights and obligations of the Parties arising from the online sale of the Products offered on the Site. The customer declares to have read them prior to his order and the fact of ordering a product on the Site implies the unreserved acceptance of the Customer and his prior, full and complete adherence to these general terms and conditions of sale and guarantees which prevail over any other document, except for special conditions expressly agreed in writing by the Company.
The Company reserves the right to modify these general terms and conditions of sale at any time, the general terms and conditions of sale applicable to any order being those accepted by the Customer at the time of validation of the order.
ARTICLES 3 – PRODUCTS – PRICES
3.1. Products
The Products offered for sale by Demain® are those that appear on the Site, on the day the User consults the Site, and within the limit of available stocks. The Products are described on the corresponding page within the Site and all their essential characteristics are mentioned. The sale takes place within the limit of the Company's available stocks. The latter cannot be held responsible for stock shortages or the impossibility of selling a Product whose stock is non-existent. The photographs and graphics presented on the Site are not contractual and cannot engage the responsibility of the Company.
3.2. Price
The prices of the Products are indicated in euros (€). They take into account the VAT applicable on the day of the order. Demain® reserves the right, which the User accepts, to modify its prices at any time but the Products will be invoiced on the basis of the rates in effect at the time of registration of the order, subject nevertheless to the availability of said Products. The rates indicated do not include delivery costs which will be invoiced in addition, under the conditions indicated on the Site and calculated prior to placing the Order and detailed, where applicable, in the summary before placing the Order. The payment requested from the Customer corresponds to the total amount of the purchase, including its costs. An invoice will be given to the Customer upon first request addressed to hello@demainbeauty.com
ARTICLE 4. REGISTRATION AND VALIDATION OF THE ORDER
4.1. Navigation within the Site
The User can freely browse the different pages of the Site, without being committed to an order.
4.2. Recording an order
If the User wishes to place an order, he/she will choose the different Products in which he/she is interested, and will express said interest by clicking on the "Add to cart" box. At any time, the User may obtain a summary of the Products he/she has selected or modify his/her order, by clicking on "my cart". A summary of his/her order will then appear on the screen. If the list presented to him/her corresponds to the Products he/she has chosen, the User may continue his/her order by clicking on: "Validate your order". The User must then identify himself/herself, either by entering his/her email address and password if he/she is already a customer or by accurately filling out the form made available to him/her, on which he/she will include in particular the information necessary for his/her identification and in particular his/her surname, first name, postal address. The User is informed and accepts that the entry of any identifier constitutes proof of his/her identity and indicates his/her consent. The User may, during the ordering process, modify and correct data entered such as the composition of the basket, the delivery and billing address before the final validation of the order.
4.3. Final validation of the order – Securing payments
After having acknowledged the status of his order, and once all the requested information has been provided by the User, he will choose the payment method he wishes to use to pay for his order. The latter must click on "Validate your order" in order to definitively confirm his order. Payment for the services will be made by credit card. Payments made will be secured by a data encryption procedure in order to prevent the interception of this information by a third party. These certifications guarantee that the operational processes and technical solutions used by PAYBOX meet the most demanding criteria in terms of securing exchanges and protecting banking data. At no time do the User's banking data pass through the Demain® computer system. As soon as the payment is validated, the order is recorded and becomes irrevocable, without prejudice to his right of withdrawal (the terms of which are described below). The User then becomes a Customer. The purchase order is recorded in the computer records of Demain®, themselves stored on a reliable and durable medium, and will be considered as proof of the contractual relations between the Parties. The Customer guarantees that he is fully authorized to use the payment card used, that the latter is valid and provides access to sufficient funds to cover all costs necessary to settle the order.
4.4. Confirmation of the order
When the Customer has validated his payment, a summary of the order will be sent to him electronically, to the e-mail address entered by the Customer when he identified himself, prior to placing the order. In the event of an error in entering the e-mail address or more generally of non-receipt of the order summary, Demain® cannot be held liable. This order confirmation will summarize the following elements: the terms of payment, delivery and, where applicable, delivery costs, the characteristics of the Product(s) ordered, the conditions and methods for exercising the right of withdrawal; the address where the Customer can submit his complaints, information relating to after-sales service and commercial guarantees.
If the order confirmation does not arrive within 24 hours of the order being formalized, the Customer can contact our Customer Relations Department via the Contact form. Similarly, if the Customer has a question about previous orders, he can contact Demain® via this same form.
In case of stock shortage, the order can be cancelled within 1 working day. It will be fully refunded.
ARTICLE 5. DELIVERY
5.1. Delivery of products
Upon confirmation of the Order, the Company undertakes to provide its best care to deliver the Product(s) ordered as soon as possible to the delivery address indicated by the Customer. However, the delivery times communicated by the Company are given for information purposes only. Delivery of the Product(s) is made by post, within French territory (Metropolitan France, Corsica and the French Overseas Territories) according to the delivery method chosen by the Customer. The Customer can choose Colissimo. The different methods and costs are as follows:
- Colissimo, approximately 2 working days after dispatch: €5.90
5.2. In case of delay
The Company undertakes to do its utmost to meet the deadline indicated to the Customer and will not be held liable in the event of a delay attributable to a case of force majeure (strikes, blockages of transport networks, bad weather, etc.) or to an unforeseeable event beyond its control and attributable to the carrier.
The Company undertakes to make its best efforts to deliver the Products ordered by the Customer as soon as possible, these deadlines being communicated for information purposes only. However, if the Products ordered have not been delivered within thirty (30) days from the placing of the Order, for any reason other than force majeure or the actions of the Customer, the sale may be terminated at the written request of the Customer under the conditions set out in Articles L. 216-2, L. 216-3 and L. 241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or withholding.
5.3. In case of delivery problems
The Customer is solely responsible for the consequences of a delivery made to a collective or incorrect address and cannot hold the Company liable if an unauthorized third party were to receive the package in their place.
The Company declines all responsibility in the event of late delivery and in the event of non-receipt of the Products due to the actions of a third party or in the event of loss or theft of your package. No package will be refunded or returned, the risks remain the responsibility of the Customer.
5.4. Reception and complaints
The Customer is required to check the condition of the Products delivered. The Customer has a period of fourteen (14) days from delivery to make any reservations or complaints for non-conformity or apparent defect of the Products delivered, with all supporting documents relating thereto.
The Customer must contact the Company via the email address hello@demainbeauty.com indicating the problem so that the procedure to follow can be communicated to him by the Company.
After this period and in the absence of compliance with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no claim may be validly accepted by the Company.
The Company will reimburse or replace as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L. 217-4 et seq. of the Consumer Code and those provided for in these General Conditions of Sale.
5.5 – Transfer of ownership – transfer of risks
The transfer of ownership of the Company's Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
In accordance with Article L. 216-4 of the French Consumer Code, regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the Customer physically takes possession of the Products, i.e. upon delivery. The Products therefore travel at the Company's risk.
ARTICLE 6. RIGHT OF WITHDRAWAL
In accordance with the Consumer Code, non-professional Customers have a period of fourteen (14) calendar days from the date of receipt of the Product to cancel the Order, without giving any reason. The deadline is deemed to have been respected when the product is returned before the expiry of the deadline.
To notify his intention to withdraw and make a return, the Customer must return by post to the Company Sandra Gasmi Consulting at the address indicated below the Product(s) in their original and intact condition, in perfect condition for resale and immediate return to the market (must not have been opened or damaged) and send a declaration by email to the Company expressing his wish to withdraw.
Returns:
Sandra Gasmi Consulting
99 Courcelles Street
75017 Paris, France
The return is made at the Customer's risk and expense.
Once the returned Products have been verified, the Company undertakes to reimburse the Customer for the sums paid for their Order (excluding delivery costs) as soon as possible and no later than fifteen (15) days following receipt of the Product(s). The reimbursement will be made using the same means of payment as that used for the initial transaction.
ARTICLE 7. RESOLUTION OF THE SALE
In the event of a payment incident occurring after the Order has been placed, the sale may be resolved by the Company Sandra Gasmi Consulting. The Company also reserves the right to cancel any Order from a Customer in the event of fraud or attempted fraud or with whom there is a dispute relating to the payment of a previous Order, without its liability being incurred.
ARTICLE 8. GUARANTEE AND COMMITMENT
8.1. From the Company Sandra Gasmi Consulting
The Company guarantees that the Products comply with their descriptions and characteristics indicated on the Site as well as with the regulations and legislation in force in France. All Products benefit from the legal guarantee of conformity and the guarantee against hidden defects allowing the Customer to return the Products delivered defective or non-compliant.
8.2. From the Customer
8.2.1. Access conditions
The Customer guarantees to be of legal age and to have the legal capacity to purchase the Products offered by the Company. The Customer guarantees to be a natural person and to act as a consumer; thus the Customer acknowledges only purchasing the Products for his personal and private use and consumption. The Customer acknowledges to be solely responsible for the use he wishes to make of the Products and that in case of doubts and/or adverse effects, he undertakes to consult his doctor directly. The Customer acknowledges and accepts that any resale of Products purchased on the Site is strictly prohibited.
8.2.2. In connection with the Site
The Customer undertakes to provide information that is accurate, precise and up to date. The Customer undertakes not to fraudulently access or remain on all or part of the Site and in particular refrains from carrying out any operation aimed at hindering or distorting the operation of the Site.
8.2.3. The nature of the Products
The Customer acknowledges that the Products sold by the Company are food supplements, cosmetics and are not medicines. Thus, the Customer agrees to use them in accordance with the advice made known to him on the Site or on the Product. The Customer acknowledges that he has, under his sole responsibility, and according to his own needs assessed and determined by him, made his choice alone on the Product(s). The Customer acknowledges that under no circumstances can the Products offered for sale on the Site replace taking medication. The Customer acknowledges and accepts that the consumption of the Products offered by the Company must be reasoned and, agrees in case of doubt about a dosage or a combination with medication, to consult a pharmacist or his doctor.
ARTICLE 9. LIABILITY
9.1. The liability of the Company Sandra Gasmi Consulting
9.1.1. Principle
The Company makes every effort to sell Products in accordance with these General Terms and Conditions. The Company shall not be held liable in the event that the failure to perform its obligations is attributable to the unforeseeable and insurmountable act of a third party, to the fault of the Customer, or to the occurrence of a force majeure event. The Company shall not be liable for indirect damages such as loss of data or files, loss of business, loss of profit, loss of opportunity, damages or costs, which may arise from the purchase of the Products. Under no circumstances shall the Company's liability, as it may be incurred pursuant to these General Terms and Conditions, exceed the amount of the sums paid by the Customer for the purchase of the Products in question.
9.1.2. In case of delay
The Company shall not be liable for any delay due to force majeure and regardless of whether the force majeure occurs at its premises or at its suppliers. The Company shall not be held liable for non-execution of the Order in the event of disruption or strike or any other reason attributable to the carrier.
9.1.3. Regarding the Products
Due to the nature of the Products sold, the Company cannot be held liable for any damage or inconvenience arising from use that does not comply with the advice given on the Site or in the event of use of the Products as medicines by the Customer. The Products offered for sale by the Company are food supplements and cosmetics which are well-being products and cannot in any way be understood, used or considered as medicines. The Customer is solely responsible for the choice of Products and their suitability for their needs, such that the Company cannot be held liable in this regard.
9.1.4. Technical problems
The Company cannot guarantee error-free Internet communication and/or availability of the Site at all times. Thus, the Company is exempt from any liability for technical and electronic errors beyond its control. The Company will not be liable for any damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, service interruption, or other involuntary problems.
ARTICLE 10 – MISCELLANEOUS PROVISIONS
If one or more articles of these General Terms and Conditions are declared invalid pursuant to a law or regulation or a final court decision, the other provisions will remain in force. Any communication or notification made by the Company will be deemed valid as soon as it is sent to the email address provided by the Customer, even if it is no longer valid.
ARTICLE 11 – DISPUTES – APPLICABLE LAW
In the event of a dispute, the Customer shall contact the Company as a priority to obtain an amicable solution. In the absence of an amicable agreement, the Customer may refer the matter to court for any dispute relating to the existence, interpretation, conclusion, execution or termination of the contract as well as all documents related to this contract. The competent court for disputes between the Company shall be the competent court under the conditions of common law. These General Terms and Conditions in French shall be executed and interpreted in accordance with French law.
