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 Demain® offered by the company Sandra Gasmi Consulting (hereinafter referred to as the “Company”) is made via the Website www.demain-natural-beauty.com (hereinafter 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 hereof, it is agreed that the User and Demain® will be collectively referred to as the “Parties” and individually referred to as the “Party”, and that the User who has validated an order will then be referred to as the “Customer”. The rights and obligations of the User necessarily apply to the Client.
Governed by Article L441-6 of the Commercial Code and in accordance with Article L111-1 of the Consumer Code, these general conditions of sale determine the rights and obligations of the parties to the contract relating to Demain®. By the mere fact of validating his order on the Site, the user declares to have read, understood and accepted without reservation the terms of the said order as well as the entirety of these general conditions of sale. The general 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 change. These conditions are subject to the applicable French law in force.
It is specified that the Products are intended for the personal use of the User, without any direct relationship with the latter'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 edited and produced by the company Sandra Gasmi Consulting, a simplified joint-stock company with a capital of 10,000 euros, registered with the Paris Trade and Companies Register under number B834241408 whose head office office is located at 99 rue de Courcelles, 75017 Paris.
ARTICLE 2 – PURPOSE
The purpose of these general conditions of sale is to define, exclusively on the basis of the relationships they establish on the Internet 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 it 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 conditions of sale and guarantees which prevail over any other document, except for specific conditions expressly agreed to in writing by the Company.
The Company reserves the right to modify these general conditions of sale at any time, the general conditions of sale applicable to any order being those accepted by the Customer at the time of validation of his order.
ARTICLE 3 – PRODUCTS – PRICES
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 limits of available stocks. 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 stock shortages or the impossibility of selling a Product whose stock does not exist. The photographs and graphics presented on the Site are not contractual and cannot engage the responsibility of the Company.
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 prices in force at the time of the registration of the order, subject nevertheless to the availability of the said Products. The prices indicated do not include delivery costs which will be invoiced in addition, under the conditions indicated on the Site and calculated prior to the placing of the Order and detailed, if necessary, 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 on first request addressed to firstname.lastname@example.org
ARTICLE 4. REGISTRATION AND VALIDATION OF THE ORDER
4.1. Navigation within the Site
The User can navigate freely on the different pages of the Site, without being committed under an order.
4.2. Registration of an order
If the User wishes to place an order, he will choose the different Products in which he is interested, and will express the said interest by clicking on the "Add to basket" box. At any time, the User will be able to obtain a summary of the Products he has selected or modify their order, by clicking on "my basket". A summary of his order will then appear on the screen. If the list presented to him corresponds to the Products he has chosen, the User may continue his order by clicking on: "Validate your order". The User must then identify himself, either by entering his e-mail address and password if he is already a customer, or by accurately completing the form made available to him, on which he will include the necessary information. to his identification and in particular his surname, first name, postal address. The User is informed and accepts that the entry of any identifier is worth proof of his identity and expresses his 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 read the status of his order, and once all the requested information has been provided by the User, he will choose the means of payment 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 services will be made by credit card. The payments made will be secured by a data encryption procedure in order to avoid 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 bank details pass through Demain®'s computer system. As soon as the payment is validated, the order is recorded and becomes irrevocable, without prejudice to its right of withdrawal (the terms of which are described below). The User then becomes a Client. The order form is recorded on the computer registers of Demain®, themselves kept 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 gives access to sufficient funds to cover all the costs necessary for the payment of the order.
4.4. Order confirmation
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 at the time of his identification, 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 terms and conditions for exercising the right to retract ; the address where the Customer can submit complaints, information relating to after-sales service and commercial guarantees.
If the confirmation of the order does not arrive within 24 hours following the formalization of the order, 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 out of stock, the order may be canceled within 1 working day. It will be fully refunded.
ARTICLE 5. DELIVERY
5.1. Product delivery
Upon confirmation of the Order, the Company undertakes to take the best possible care to deliver the Product(s) ordered as soon as possible to the delivery address indicated by the Customer. However, the deadlines communicated by the Company are only given as an indication. The delivery of the Product(s) is made by post, on French territory (Metropolitan France, Corsica and the DOM-TOMs) according to the delivery method chosen by the Customer. The Customer can choose Colissimo. The different modalities and costs are as follows:
- Colissimo, approximately 2 working days after shipment: €4.95
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 responsible in the event of a delay attributable to a case of force majeure (strikes, blockages of transport networks, bad weather, etc.) or to a 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 only. However, if the Products ordered have not been delivered within thirty (30) days of the placing of the Order, for any reason other than force majeure or the act of the Customer, the sale may be canceled at the Customer's written request under the conditions provided for 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 deduction.
5.3. In case of problems related to the delivery
The Customer is solely responsible for the consequences of a delivery made to a collective or erroneous address and cannot hold the Company liable if an unauthorized third party were to receive the package in its 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 act 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. Receipt and complaint
The Customer is required to check the condition of the Products delivered. He has a period of fourteen (14) days from delivery to formulate any reservations or complaints for non-compliance or apparent defect of the Products delivered, with all the supporting documents relating thereto.
The Customer must contact the Company via the email address email@example.com indicating the problem so that the procedure to follow is communicated to him by the Company.
After this period and failing to comply with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Company.
The Company will refund or replace as soon as possible and at its 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 benefit of the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of the said Products.
In accordance with Article L. 216-4 of the 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 take place when the Customer will take physical possession of the Products, that is to say, upon delivery. The Products therefore travel at the Company's risk and peril.
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 its intention to withdraw and make a return, the Customer must return by post to the Sandra Gasmi Consulting Company at the address indicated below the Product(s) in their original state and intact(s). ), in perfect condition for resale and immediate return to the market (must not have been opened or damaged) and send a statement by email to the Company expressing its desire to withdraw.
Sandra Gasmi Consulting
99 rue de Courcelles
75017 Paris, France
The return is at the Customer's risk and expense.
Once the verification of the returned Products has been carried out, the Company undertakes to reimburse the Customer for the sums paid under his Order (excluding delivery costs) as soon as possible and at the latest within fifteen (15) days of receipt. of the Product(s). The refund will be made using the same means of payment used for the initial transaction.
ARTICLE 7. CANCELLATION OF THE SALE
In the event of a payment incident occurring after the Order has been placed, the sale may be resolved by 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. WARRANTY AND COMMITMENT
8.1. From 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.
8.2.1. 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 buying the Products for his personal and private use and consumption. The Customer acknowledges that he is solely responsible for the use he wishes to make of the Products and that in the event of doubts and/or undesirable 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. Related to the Site
The Customer agrees to provide information that is accurate, precise and up-to-date. The Customer undertakes not to access or remain fraudulently in all or part of the Site and is prohibited in particular 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 drugs. Thus, the Customer undertakes to use them in accordance with the advice brought to his attention 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 own choice on the Product(s). The Customer acknowledges that under no circumstances can the Products offered for sale on the Site replace the taking of medication. The Customer acknowledges and accepts that the consumption of the Products offered by the Company must be reasonable and, if in doubt about a dosage or combination with medication, undertakes to consult a pharmacist or his doctor.
ARTICLE 9. RESPONSIBILITY
9.1. The responsibility of the Sandra Gasmi Consulting Company
The Company makes every effort to sell Products in accordance with these T&Cs. The Company cannot be held liable in the event that the non-performance of its obligations is attributable to the unforeseeable and insurmountable event of a third party, to the fault of the Customer, or to the occurrence of an event of force majeure. The Company will not be liable for consequential damages such as loss of data or files, operating loss, loss of profit, loss of opportunity, damages or costs, which may arise from the purchase of the Products. Under no circumstances may the Company's liability, as it may be incurred pursuant to these GCS, 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 will not be liable in the event of delay due to a case of force majeure and regardless of whether force majeure occurs at its premises or at its suppliers. The Company cannot be held responsible for the non-execution of the Order in the event of a disruption or strike or any other reason attributable to the carrier.
9.1.3. About the Products
Due to the nature of the Products sold, the Company cannot be held liable in the event of 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 medication by the Customer. The Products offered for sale by the Company are food and cosmetic supplements 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 the Products and their suitability for his needs, so that the Company cannot be held liable in this regard.
9.1.4. Technical problem
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 responsible for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service, or other involuntary problems.
ARTICLE 10 – MISCELLANEOUS PROVISIONS
If one or more articles of these GCS were declared invalid pursuant to a law or regulation or a final court decision, the other stipulations will remain in force. Any communication or notification made by the Company will be deemed valid when 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 will first contact the Company to obtain an amicable solution. In the absence of an amicable agreement, the Customer may refer to the court for any dispute relating to the existence, interpretation, conclusion, execution or termination of the contract as well as on all the documents related to this contract. The competent court for disputes between the Company will be the competent court under the conditions of common law. These Terms and Conditions in French will be executed and interpreted in accordance with French law.