GENERAL TERMS AND CONDITIONS OF SALE

 

In force until 13.12.2024

 

ARTICLE 1 - Scope of application

 

These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") apply, without restriction or reservation, to all sales concluded by the Vendor with non-professional purchasers ("the Customer") wishing to acquire the products offered for sale ("the Products") by the Vendor on the website https://glowpremium.fr. The Products offered for sale on the site are as follows:

 

Cosmetic products

 

The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website https://glowpremium.fr which the customer is obliged to read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are subject to availability, as specified when the order is placed.

 

These General Terms and Conditions can be accessed at any time on the website https://glowpremium.fr and will prevail over any other document.

The Customer declares that he has read and accepted these General Terms and Conditions of Sale by ticking the appropriate box before placing an online order on the https://glowpremium.fr.

In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions entered into with the Customer.

The Seller's contact details are as follows:

Nguemadon Fiardet Laurette

8 rue de l "ancien octroi vesoul 70000

Registration number: 800760329500013 Email :laurette.fiardet@laposte.net Telephone: 06 69 26 95 56

The Products presented on the site https://glowpremium.fr are available for sale in the following territories:

Overseas, USA, Canada, Europe.

 

In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.

For all Products dispatched outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice.

 

Customs duties or other local taxes or import duties or state taxes may be payable. The Customer shall be solely responsible for and liable for these.

 

ARTICLE 2 - Prices

 

The Products are supplied at the current prices shown on the website https://glowpremium.fr, when the order is registered by the Seller.

Prices are given in Euros, excluding VAT and including VAT.

Prices take into account any discounts granted by the Seller on the website. https://glowpremium.fr.

These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify the prices at any time outside the period of validity.

 

Prices do not include processing, dispatch, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is drawn up by the Vendor and given to the Customer upon delivery of the Products ordered.

 

ARTICLE 3 - Orders

 

It is up to the Customer to select on the site https://glowpremium.fr the Products he/she wishes to order, as follows:

                            .

 

Product offers are valid for as long as they are visible on the site, while stocks last.

The sale will only be considered valid once the price has been paid in full. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.

All orders placed on the https://glowpremium.fr constitutes the formation of a contract concluded at a distance between the Customer and theSeller.

The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

Customers can track the progress of their order on the site.

 

Any cancellation of the order by the Customer will only be possible before delivery of the Products (independently of the provisions relating to the application or non-application of the legal right of withdrawal).

 

ARTICLE 3 Bis - Customer area - Account

 

In order to place an order, the Customer is invited to create an account (personal space).

 

To do this, they must register by filling in the form provided at the time of ordering and undertake to provide truthful and accurate information about their civil status and contact details, in particular their email address.

The Customer is responsible for updating the information provided. Customers are advised that they can change this information by logging into their account.

In order to access their personal space and order history, Customers must identify themselves using their user name and password, which will be sent to them after registration and which are strictly personal. In this respect, the Customer agrees not to divulge them in any way. Should this not be the case, the Customer shall remain solely responsible for any use made thereof.

Customers can also request to be removed from the list by going to the dedicated page in their personal space or by sending an e-mail to : eva.perlabeauty@gmail.com. This will be effective within a reasonable timeframe.

 

In the event of non-compliance with the general terms and conditions of sale and/or use, the https://glowpremium.fr will have the right to suspend or even close a customer's account after formal notice has been sent by electronic means and has remained without effect. Any account deletion, for whatever reason, entails the pure and simple deletion of all the Customer's personal information.

The Seller shall not be held liable for any event due to force majeure resulting in malfunction of the site or server, subject to any interruption or modification in the event of maintenance.

The creation of an account implies acceptance of these general terms and conditions of sale.

 

ARTICLE 4 - Terms of payment

 

The price is paid by secure payment as follows:

• payment by credit card

The price is payable in full by the Customer on the day the order is placed.

 

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the site. https://glowpremium.fr.

 

Payments made by the Customer will not be considered final until the Seller has actually received the sums due.

The Vendor shall not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the Vendor the full price in accordance with the above conditions.

 

ARTICLE 5 - Deliveries

 

The Products ordered by the Customer will be delivered in mainland France or in the following zone(s):

United States, Europe, Overseas, Canada, Asia.

 

Deliveries are made within 2 working days (excluding weekends and public holidays) to the address indicated by the Customer when ordering on the site.

Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered all at once.

The Seller undertakes to use its best endeavours to deliver the products ordered by the Customer within the time limits specified above.

 

If the Products ordered have not been delivered within 7 working days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be refunded to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.

 

Deliveries are made by an independent carrier to the address given by the Customer when the order was placed and to which the carrier has easy access.

Where the Customer has itself engaged a carrier of its own choosing, delivery is deemed to have taken place as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the Vendor in the event of non-delivery of the goods transported.

 

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, based on a quotation previously accepted in writing by the Customer.

The Customer must check the condition of the products delivered. He/she has a period of #254 Maximum period for... from delivery to make complaints by                                                                                                       accompanied by all related supporting documents (photos in particular). Once this period has elapsed and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect and no claim will be validly accepted by the Seller.

The Vendor will refund or replace, as soon as possible and at its own expense, the Products delivered for which the Customer has duly proved the lack of conformity or the apparent or hidden defects, under the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GCS.

 

The transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except where the Customer has chosen the carrier. In this case, the risks are transferred when the goods are handed over to the carrier.

 

ARTICLE 6 - Transfer of ownership

 

The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.

 

ARTICLE 7 - Right of withdrawal

 

In accordance with Article L221-18 of the French Consumer Code.

In the case of contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first goods.

The right of withdrawal may be exercised online, using the withdrawal form attached hereto and also available on the website, or by any other unambiguous statement expressing the wish to withdraw, and in particular by post addressed to the Seller at the postal or e-mail address indicated in ARTICLE 1 of the GTCS.

Returns must be in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products will not be accepted for return. The cost of returning the Products shall be borne by the Customer.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in this article.

 

ARTICLE 8 - Seller's liability - Warranties

 

The Products supplied by the Seller benefit from :

• the legal guarantee of conformity, for defective, damaged Products or Products that do not correspond to the order,
• the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,

Provisions relating to legal guarantees Article L217-4 of the Consumer Code

"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity 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 was his responsibility under the contract or was carried out under his responsibility.

Article L217-5 of the Consumer Code

"The property conforms to the contract:

1° Whether it is fit for the use ordinarily expected of similar goods and, if so :

• if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

• it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising 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 seller's attention and accepted by the latter.

Article L217-12 of the Consumer Code

"Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods.

Article 1641 of the French Civil Code.

"The seller is liable for any hidden defects in the goods sold that render them unfit for their intended use, or that impair that use to such an extent that the buyer would not have purchased them, or would have paid a lower price for them, had he or she been aware of them.

Article 1648 paragraph 1 of the Civil Code

"Any action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.

Article L217-16 of the French Consumer Code.

"When the buyer asks the seller, during the period of the commercial guarantee granted to him at the time of the purchase or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the purchaser's request for service or from the date the item in question is made available for repair, if this is subsequent to the request for service.

In order to assert his rights, the Customer must inform the Vendor in writing (e-mail or letter) of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.

The Seller will reimburse, replace or have repaired the Products or parts under warranty that are deemed to be non-compliant or defective.

Postage costs will be reimbursed on the basis of the invoiced rate and return postage costs will be reimbursed on presentation of proof.

Refunds, replacements or repairs of Products deemed to be non-conforming or defective will be made as soon as possible and at the latest within 10 days following the Seller's finding of the non-conformity or defect. This refund may be made by bank transfer or cheque.

The Vendor cannot be held liable in the following cases:

• non-compliance with the legislation of the country to which the products are delivered, which it is the Customer's responsibility to check,
• in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure
• The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the

The Vendor's guarantee is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective.

 

Provisions relating to the contractual guarantee

 

Products purchased on the site https://glowpremium.fr may benefit, in addition to the legal guarantees of conformity and hidden defects, from a contractual guarantee as indicated where applicable in the description of a given Product, according to the following terms, conditions and prices:

This contractual guarantee covers the following situations:

This guarantee is excluded in the following situations:

It applies under the following conditions:

 

ARTICLE 9 - Personal data

 

The Customer is hereby informed that the collection of his/her personal data is necessary for the sale of the Products and their delivery, entrusted to the Seller. This personal data is collected solely for the performance of the sales contract.

 

9.1 Collection of personal data

 

Personal data collected on the site https://glowpremium.fr are as follows:

 

Opening an account

When creating a customer/user account :

Full name, postal address, telephone number and e-mail address.

 

Payment

When paying for Products offered on the site https://glowpremium.fr, which records financial data relating to the Customer's/user's bank account or credit card.

 

9.2 Recipients of personal data

Personal data is reserved for the sole use of the Seller and its employees.

 

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and from 25 May 2018 of Regulation 2016/679 on the protection of personal data.

 

9.4 limitation of processing

Unless the Customer expressly agrees, their personal data will not be used for advertising or marketing purposes.

 

9.5 Data retention period

 

The Seller will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.

 

9.6 Security and confidentiality

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

 

9.7 Implementation of Customer and user rights

Pursuant to the regulations applicable to personal data, Customers and users of the site https://glowpremium.fr have the following rights:

• They can update or delete their data in the following ways:

By logging into your account, on the account configuration tab...

• They may delete their account by writing to the e-mail address indicated in article 3 "Data controller".
• They may exercise their right of access to the personal data concerning them by writing to the address indicated in article 9.3 "Data controller".
• If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 3 "Data controller".
• They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 3 "Data controller".
• They may also request the portability of data held by the Seller to another service provider.
• Finally, they may object to the processing of their data by the Seller.

These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.

The data controller must respond within a maximum of one month. If the Customer's request is refused, reasons must be given.

The Customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box by which they agree to receive informative and advertising e-mails from the Vendor. They may withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

 

ARTICLE 10 - Intellectual property

 

Site content https://glowpremium.fr is the property of the Seller and its partners and is protected by French and international intellectual property laws.

 

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

 

ARTICLE 11 - Applicable law - Language

 

These General Terms and Conditions and any transactions arising from them are governed by and subject to French law.

These GTC are written in French. If they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

 

ARTICLE 12 - Disputes

 

For any complaint, please contact the customer service department at the Seller's postal or e-mail address indicated in ARTICLE 1 of these GTCS.

The Customer is hereby informed that, in the event of a dispute, he or she may in any event have recourse to conventional mediation, with the existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example).

In this case, the mediator appointed is Nguemadon Fiardet Laurette

8 rue de l'ancien octroi, 70000 Vesoul https://glowpremium.fr E-mail :eva.perlabeauty@gmail.com.

Customers are also informed that they may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from the purchase and sale transactions concluded in application of these GTCS and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.

 

Directed to https://www.legalplace.fr

 

ANNEX I

Withdrawal form

 

 

 

Date                                          

 

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://glowpremium.fr except for exclusions or limits to the exercise of the right of withdrawal in accordance with the applicable General Terms and Conditions of Sale.

For the attention of Nguemadon fiardet laurette 8 rue de l "ancien octroi vesoul70000

I hereby give notice of withdrawal from the contract for the following goods:

• Ordered on (indicate date)

- Order number: ...........................................................

- Customer name: ...........................................................................

- Customer address: .......................................................................

 

Customer's signature (only if this form is sent on paper)