Terms & Conditions
Introduction
www.adessobeauty.com (hereinafter referred to as the "Site") is an e-commerce site accessible via the Internet. It is open to any user of this network.
The Site allows BRS Beauty to offer cosmetic products ("Products") for sale to Internet users browsing the Site ("Users"). For the purposes, it is agreed that the User and BRS Beauty shall be collectively referred to as the "Parties" and individually as the "Party", and that the User who has validated an order shall be referred to as the "Customer". The rights and obligations of the User are necessarily applied to the Customer.
It is specified that the products are intended for the User's personal use, without any direct connection with the User's professional activity. The User who wishes to buy on the Site, declares to have full legal capacity. BRS Beauty cannot verify the legal capacity of the User or the Customer. Consequently, in the event that a Customer who does not have legal capacity orders Products on the Site, the Customer's legal representatives shall assume full responsibility for this purchase and, in particular, shall ensure payment.
Article 1 - Presentation of the company
These "General Terms and Conditions of Sale" apply, without restriction or reservation, to all sales concluded by BRS Beauty, a société par actions simplifiée (simplified joint stock company) with a capital of seven thousand euros (€7.000), whose registered office is located at 17-21 rue Saint Fiacre - 75002 Paris, registered with the Paris Trade and Companies Register under number 848 433 751, VAT number FR 22 848433751 (hereinafter referred to as the "Seller") to consumers and professional and non-professional buyers (hereinafter referred to as the "Customer" or "Customers"), wishing to acquire the products offered for sale by the Seller via its Site.
Article 2 - Definitions
"Customer" indicates the professional, non-professional or consumer having placed order of a product sold on Internet site adessobeauty.com;
"Order" means any order placed by the User on this Site;
"General Terms and Conditions of Sale" or "GTC" refer to these general terms and conditions of use and online sales;
"Consumer" means the buyer who is a natural person who is not acting for professional needs and/or outside his professional activity;
"Parties" means together the Seller and the Customer;
"Products" means the material things sold on this Site;
"Professional" means a purchaser who is a legal or natural person acting in the course of his professional activity and who is not covered by the provisions applicable to consumers;
"Site" means this Internet site: https://adessobeauty.com;
"Company" means the Company BRS Beauty, , described in the Article 1 ;
"User" means any legal or natural person who uses and browses this Site.
Article 3 - Purpose
The purpose of the present General Terms and Conditions of Sale is to define, worldwide, exclusively on the basis of the relations that they establish on the Internet network and solely on the Site, the rights and obligations of the Parties arising from the online sale of the Products offered on the Site. In particular, they specify the conditions of Order, payment, delivery and management of any returns of Products ordered by Customers.
Any User of the Site undertakes to respect, without restriction or reservation, these GCS, whether he or she visits the Site or places an Order. The Customer is required to read them before placing any Order.
The main characteristics of the Products and in particular the specifications, illustrations and capacity indications of the Products are presented on the Site. It is up to the Customer to take this into account before purchasing.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels, unless otherwise expressly agreed in writing by the Company. The present General Terms and Conditions of Sale are accessible at any time on the Site and are systematically communicated to the Customer who requests them. In the event of a subsequent modification of the General Terms and Conditions of Sale, the version applicable to the Customer's purchase shall be that in force on the Site on the date the Order is placed.
The validation of the Order by the Customer shall constitute acceptance without restriction or reservation and prior full and complete adherence to the General Terms and Conditions of Sale.
Article 4 - Access to the service
The Site is accessible 7/7, 24/24, permanently, except in the event of voluntary or involuntary interruption, in particular for maintenance needs or force majeure. As the Company is in fact, by its activity, it cannot be held liable for any prejudice of any kind whatsoever resulting from the unavailability of the Site.
Article 5 - Subscription to the newsletter
By accepting the present General Terms and Conditions of Sale when subscribing to the Newsletter Subscription, the Subscriber authorises the Company to send him/her emails to the address that he/she will have provided when subscribing. Unsubscribing to the newsletter is possible at any time via the unsubscribe link at the bottom of each of our newsletters.
Article 6 - Deactivation of customer account
In the event of non-compliance with the obligations arising from the acceptance of these General Terms and Conditions of Sale, incidents of payment of an Order, delivery of erroneous information when creating the account or acts likely to harm the interests of the Company, the Seller reserves the right to suspend access to the service of adesso or, depending on the seriousness of the acts, to deactivate the account of the Client. The Company also reserves the right to refuse to enter into a contract with a Client who has been excluded or sanctioned for such conduct.
Article 7 - Order
While browsing the Site, the Customer may 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.Registration on the Site is not mandatory in order to place an Order.However, an account will be automatically generated on the Site, in the name of the Customer, after the Order has been placed. This information will be communicated by e-mail after the Order has been placed with a temporary password.
The Customer must provide a valid address, delivery method and payment method in order to finalize the Order and effectively form the sales contract between him/her and the Company. Completion of the Order implies acceptance of the prices of the Products sold as well as the terms of payment indicated on the Site. The Vendor shall not be held liable for any errors in the information entered by the Customer, nor for any consequences thereof in terms of late or incorrect delivery.
Contractual information is subject to confirmation at the time of validation of the Order by the Customer.
The Customer has the possibility to check the details of his Order, its total price and to correct any errors before confirming his acceptance. This validation implies the acceptance of the entirety of these GCS and constitutes proof of the sales contract.
Once the order is placed, The User will receive confirmation by e-mail.This confirmation will summarize the Order as well as the relevant information relating to the shipping.
The placing of an Order shall constitute the conclusion of a distance selling contract between the Seller and the Customer. The sale shall not be deemed final until the Seller has sent the Customer confirmation of acceptance of the Order by e-mail and the Customer has received payment in full of the price due.
The Vendor reserves the right to suspend, cancel or refuse any Order from a Customer, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Customer, in the event of a payment incident or in the event of fraud or attempted fraud relating to the use of the Site or with which there is a dispute relating to the payment of a previous Order.
Article 8 - Products and prices
8.1 Products
The Products offered for sale by the Company are those appearing on the Site, on the day the User consults the Site, within the limits of available stocks.
The Products are described of all their essential characteristics on the corresponding page within the Site. The sale is made within the limits of the Company's available stocks. The Company cannot be held responsible for stock shortages or the impossibility of selling a Product for which there is no stock. The photographs and graphics presented on the Site are not contractual and shall not engage the responsibility of the Seller.
8.2 Prices
The Products are supplied at the prices in force as shown on the Site at the time the Order is recorded by the Seller, subject to the availability of the Products.
The prices of the Products are indicated in euros. They take into account the VAT applicable on the date of the Order.
The prices indicated do not include shipping 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 these fees. An invoice shall be sent to the Client upon request addressed to hello@adessobeauty.com
The Seller reserves the right to modify the prices of the Products presented on the Site. In any event, the Products shall be invoiced to the Customer on the basis of the prices in force at the time of validation of the Order.
Article 9 - Terms of payment
The rates for the service of sending the Products are those presented on the Site, all taxes included. The rates are subject to change. If necessary, the modifications are only valid for future Orders. Orders already paid for will not be affected by the price changes.
Payment for services will be made by credit card or PayPal. The payments made will be secured by a data encryption procedure to avoid the interception of this information by a third party.
The Customer warrants to the Vendor that it is fully authorized to use the payment method chosen for payment of its Order and that this payment method legally provides access to sufficient funds to cover all costs resulting from its Order on the Site. The Company shall not be held liable in the event of fraudulent use of the means of payment used.
In accordance with the regulations in force, the Company does not keep the bank details of the Clients.
In the event of total or partial non-payment of the Products, the Client shall pay the Company a late payment penalty equal to three (3) times the legal interest rate.
In addition to the late payment compensation, any sum, including the deposit, not paid by the Professional Client by its due date shall automatically give rise to the payment of a lump-sum compensation of forty euros (€40) due as collection costs.
No compensation may be made by the Client between penalties for delay in providing the services ordered and the sums owed by the Client to the Company for the purchase of Products offered on the Site.
The penalty owed by the Customer is calculated on the amount including tax of the amount remaining due, and runs from the due date of the price.
Payments made by the Customer shall not be considered final until the Seller has actually received the sums due. Furthermore, the Seller reserves the right, in the event of non-compliance with the payment conditions set forth above, to suspend or cancel delivery of Orders in progress made by the Customer.
No additional costs, in excess of the costs incurred by the Seller for the use of a means of payment, may be charged to the Customer.
Article 10 - Delivery of Products
The shipping charges applied to the Order depend on the Order and the transport costs specific to each delivery:
● for orders from Austria, France and Germany, shipping costs are €8.90;
● for orders within Italy, shipping costs are €7;
● for orders from Belgium, Luxembourg, the Netherlands and Spain (excluding the Balearic Islands - €23), shipping costs are €10.90;
● for all UK orders, shipping costs are €17.90;
● for orders placed in Denmark, shipping costs are 15.90 €;
● for orders from Portugal, Finland and Sweden, shipping costs are €17.90;
Delivery is the transfer of physical possession or control of the Product to the Customer.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer as soon as possible, these delivery times being communicated for information purposes only. However, if the Products ordered have not been delivered within thirty (30) days of the Order being placed, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the Customer's written request under the conditions set forth in Articles L. 216-2, L. 216-3 and L. 241-4 of the French Consumer Code. The sums paid by the Client will then be returned to him at the latest within fourteen (14) days following the date of termination of the contract, to the exclusion of any compensation or deduction.
The Company shall not be held liable for any delays in delivery and the consequences that may result therefrom. If the package is returned to the Company, a second delivery will be made at the Client's expense. If the package is returned to the sender again, there will be no new shipment and the additional shipping costs will be deemed to have been paid to the Company.
Article 11 - Claim
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 claims for non-conformity or apparent defect of the Products delivered, with all the related supporting documents.
The Client should contact the Company via the email address hello@adessobeauty.com indicating the problem so that the Seller can communicate the procedure to be followed.
After this period and failing to comply with these formalities, the Products shall be deemed to be in conformity and free of any apparent defect and no claim may be validly accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the Customer has duly proven the lack of conformity or apparent or hidden defects, under the conditions provided for in Articles L. 217-4 et seq. of the French Consumer Code and those provided for in these General Terms and Conditions of Sale.
In some cases, the Company may request the return of the Product to the following address:
BRS BEAUTY - VIA GOFFREDO MAMELI 19, MILANO 20129 ITALY
The costs of return will then be paid by the Company.
Article 12 - Transfer of ownership - transfer of risks
The transfer of ownership of the Seller's Products to the Customer shall only take place once the Customer has paid the price in full, regardless of the date of delivery of the 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 shall only take place when the Customer takes physical possession of the Products, i.e. upon delivery. The Products therefore travel at the Seller's risk.
Article 13 - Right of retraction
In accordance with the legal provisions in force, the Customer has a fourteen (14) day period The Customer shall have the right to withdraw from the contract with the Seller, without having to justify its reasons or pay any penalty, as of the date of receipt of the Product, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days following the communication of its decision to withdraw.
Products returned don't have to be used and they are to be made in their original condition and complete (packaging, accessories, instructions ...). Damaged, soiled or incomplete Products will not be accepted.
The Customer has a right of withdrawal, except for the contracts mentioned in Article L. 221-28 of the Consumer Code.
To exercise this right of withdrawal, the Customer has until fourteen (14) days after receipt of his Order to inform the Seller of his decision to retract by letter or e-mail addressed to hello@asessobeauty.com.
The Customer must then return the Product(s) in its (their) original packaging, at his (their) expense, no later than in the fourteen (14) days following the communication of its decision to withdraw, to the following address :
BRS BEAUTY - VIA GOFFREDO MAMELI 19, MILANO 20129 ITALY
When the fourteen (14) days expires on a Saturday, Sunday or holiday, it shall be extended until the first business day thereafter.
If the Products are not returned within fourteen (14) days, the Order shall be deemed final and no reimbursement shall be made, except as provided for in these GCS.
If the above-mentioned conditions are met, the Seller shall reimburse to the Customer all sums paid by the Customer, as soon as possible and at the latest within the period of fourteen (14) days following the date on which the Company was informed of the Client's decision to withdraw. The Company reserves the right to defer the refund until the earlier of the date on which the Product(s) are collected or the date on which the Client provides proof of the dispatch of the Products. The initial shipping costs of delivery are included, with the exception of the return costs, which remain the responsibility of the Customer.
Proof of the effective exercise of the right of withdrawal shall be incumbent on the Customer.
Article 14 - Legal guarantees
The Customer benefits from the legal guarantee of conformity (article L.217-4 and following of the Consumer Code) and defects of the thing sold (article 1641 and following of the Civil Code).
The Customer is informed that the guarantor of the conformity of the goods is the Company BRS Beauty, located at 17-21 rue Saint Fiacre, 75002 Paris, France.
In the event that the Customer acts as a legal guarantee of conformity, independently of the possible commercial guarantee, it has a period of two years from the date of delivery of the order in which to act. The Customer is exempted from providing proof of the existence of the non-conformity during the six-month period from the delivery of the Product(s). This period is extended to twenty-four months for any purchase of new Product(s) from 18 March 2016.
In the event of non-compliance, the Customer may choose between replacement or reimbursement of the Product(s), subject to the conditions set out in Article L.217-9 of the French Consumer Code.
In the event that the Customer acts as a legal guarantee of the defects of the thing sold, he chooses between the cancellation of the sale or the reduction of the sale price.
Article 15 - Force majeure
The Seller and the Customer may not be held liable if the non-execution or delay in the execution of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the French Civil Code.
Article 16 - Intellectual property
All elements of the Site www.adessobeauty.com, whether visual or audio, texts, layouts, illustrations, photographs, documents and other elements, including the underlying technology, are protected by copyright, trademarks and patents.
Any total or partial reproduction of the elements accessible on the Site is strictly prohibited and will expose the offender to civil and criminal prosecution.
The Seller is the holder of all property rights attached to the Site and the elements composing it and has the required licenses. It holds all intellectual property rights and the derived rights attached to the concepts and editorial content used and/or disseminated on the Site. Generally speaking, no provision of these GCS may be interpreted as conferring on the Customer, expressly or implicitly, any right whatsoever (under the terms of a licence or by any other means) over the names, brands, acronyms, logos and other distinctive signs of the Vendor, with the exception of the rights held by the Vendor's suppliers and any partners of the Vendor over the visuals of their Products, their brands and logos presented on the Site.
In addition, the Seller remains the owner of all intellectual property rights on the photographs, presentations, illustrations and studies carried out with a view to providing the Services to the Customer. The Customer is therefore prohibited from reproducing or using said studies, illustrations, presentations and photographs without the Vendor's express, prior written authorization, which may be subject to a financial consideration.
Article 17 - Liability
The Company cannot be held liable for the unavailability, whether temporary or permanent, of the Site and although it uses all its means to ensure that the service is always available, it may be interrupted at any time. Furthermore, 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 cannot be held responsible for delays in delivery caused by a case of force majeure as defined by the legislation in force.
The Company makes no warranty regarding any harm that may be caused by the transmission of a computer virus or any other form of program designed to cause damage, destroy or otherwise impair any functionality of a computer or interfere with the proper working of a computer, including any transmission resulting from a download of any content made by the Customer, the software used by the Customer to download the content, the Site or the server that makes it available. In this respect, the Customer acknowledges that it is its responsibility to install appropriate anti-virus and security software on its computer hardware and any other device to protect it against any bugs, viruses or other such programming routines that may prove harmful.
The Customer acknowledges that it assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that it is solely responsible for any damage to its computer system or loss of data resulting from the downloading of such content.
The Seller shall not be liable in the event of failure by the carrier to deliver the Products, a failure which would be exclusively attributable to the carrier in accordance with Article L. 221-15 of the French Consumer Code.
The Seller and the Customer expressly waive the right to avail themselves of the provisions of Article 1195 of the Civil Code and the contingency revision regime provided for therein. The Customer and the Seller respectively undertake to perform their obligations, even if the contractual balance is upset by circumstances unforeseeable at the time of the Order and their performance proves excessively onerous.
Article 18 - Partial invalidity
If one or more stipulations of these General Terms and Conditions of Sale are declared invalid pursuant to a law or regulation or a final court decision, the other stipulations shall retain their force and scope.
Article 19 - Advertising on the Site
The Company may freely insert advertising on its Site and has complete freedom of choice as to the placement of these advertisements, the advertisers and the viewing of these advertisements.
The advertising links leading the User to other websites do not imply, in any case, a validation of the content of these sites, nor of their services, products, advertising or any other information they provide.
Article 20 - Modifications to the General Terms and Conditions of Sale
The Company reserves the right to modify the Site, the General Terms and Conditions of Sale as well as any delivery procedure or other elements constituting the services provided by the Company through this Site.
The modification of the GTC will come into force as of the date indicated on the Site. The version of the GCS applicable to any sale is the one appearing online on the www.adessobeauty.com website at the time of the Order.
Consequently, the fact of placing an Order requires the entire prior and unreserved acceptance of the General Terms and Conditions of Sale by the Customer by clicking on the button "I have read and accept the General Terms and Conditions of Sale".
Article 21- Applicable law
The present General Terms and Conditions of Sale and the operations arising therefrom are governed and subject to French law.
The present General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 22 - Mediation
The Customer is informed of the possibility of having recourse to consumer mediation for any disputes that may ariseon the sales of adesso products.
In accordance with the order of 20 August 2015 and the implementing decree of 30 October 2015, the Customer may refer to CMAP - Centre de Médiation et d'Arbitrage de Paris - to settle any dispute or so-called consumer dispute amicably by mediation, subject to Article L612-2 of the French Consumer Code.
Disputes for which the request is manifestly unfounded or abusive, or has been previously examined or is being examined by another mediator or by a court of law, or if the Customer has submitted his request to the mediator within more than one year from his written complaint to BRS Beauty, or if the dispute does not fall within the mediator's field of competence, or if the consumer does not justify having previously attempted to resolve his dispute directly with BRS Beauty by means of a written complaint, shall not be subject to review by the mediator.
To submit a dispute to the mediator, the customer can fill in the form on the CMAP website: www.mediateur-conso.cmap.fr, or send a request by post or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or send an email to [email protected].
Article 24 - Mecenat
Since its launch, BRS Beauty has joined with adesso the international association "1% for the planet", donating 1% of its sales to environmental associations.
If you have any questions about "1% for the planet", please contact us: [email protected]
Article 25 - Personal data
BRS Beauty respects your concerns about privacy and the protection of your personal data.
Your personal data is collected and processed by BRS Beauty. Within the framework of online sales, the information of some of your personal data is compulsory, this information being necessary for the treatment and the delivery of the orders as well as for the establishment of the invoices. This information is strictly confidential.
Failure to provide this information will result in the automatic rejection of the order. Certain data may also be used to send you information and/or promotional offers on the brand's products.
In accordance with the provisions of the French Data Protection Act of 6 January 1978 as amended and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, The User has a right of access to his data, information, opposition, rectification, limitation, portability and deletion of data concerning him.
The Customer also has the right to formulate and communicate directives concerning the fate of his personal data after his death and to lodge a complaint with a competent authority.
All of BRS Beauty's commitments in terms of personal data protection are available on the Personal data and cookies page.
Date of entry into force of these GTC: 24 September 2020
Legal Information
It is reminded that the secrecy of correspondence is not guaranteed on the Internet network and that it is up to each Internet user to take all appropriate measures to protect his or her own data and/or software from contamination by any viruses circulating on the Internet.
1 - Publisher
BRS Beauty, a simplified joint stock company, with capital of seven thousand euros (€7,000), registered in the Paris Trade and Companies Register under number 848 433 751, with registered office at 17-21 rue Saint Fiacre - 75002 Paris, France. The publication director is Enrica Sangalli, legal representative of BRS Beauty.
Contact: [email protected]
2- Host
Shopify
3 - Design and Realization
Big Cheese and Studio Zerance
4 - Personal Data and Cookies
All of your Account information is only used in connection with your business relationship with www.adessobeauty.com. This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are entirely processed by Paypal or by our partner's secure payment module. The Site uses cookies, which the user is informed of when arriving on the website. These cookies enable the recording of information relating to the navigation of the computer on the website. These cookies are installed only after acceptance by the user, the continuation of the navigation on the website being worth acceptance. The user can oppose the use of these cookies by setting up his browser, knowing that access to certain services may require prior acceptance by the user of cookies.