Terms & Conditions
Introduction
www.adessobeauty.com (hereinafter referred to as the "Site") is an electronic 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
The present "General Sales Conditions" apply, without restrictions or reservations, to all sales concluded by the company BRS Beauty, a 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 in the Paris Trade and Companies Register under number 848 433 751, VAT number FR 22 848433751 (hereinafter referred to as the "Vendor") 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 Vendor 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 website, i.e., https://adessobeauty.com ;
"Company" means BRS Beauty, more fully described in Section 1 hereof;
The term "User" refers to any natural or legal person using and browsing the Site.
Article 3 - Purpose
The purpose of the General Terms and Conditions of Sale set out herein is to define, for the entirety of the world, and exclusively for the relationships established on the Internet and on the Site, the rights and obligations of the Parties with regard to the online sale of Products offered on the Site. These terms and conditions notably specify the conditions for placing Orders, making payments, making deliveries and handling any returns of Products ordered by the Client.
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 implies acceptance without restriction or reserve and prior full and complete adherence to the General Terms of Sale.
Article 4 - Access to the service
The Site is in principle accessible 7 days a week, 24 hours a day, at all times, except in the event of voluntary or involuntary interruption, in particular for maintenance purposes or in cases of force majeure. The Company being in fact, by its activity, held to an obligation of means, it cannot be held responsible for any damage whatever the nature, resulting from an 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, the Subscriber authorizes the Company to send him/her emails to the address he/she will have given 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 failure to comply with the obligations arising from the acceptance of these General Terms and Conditions of Sale, of incidents involving payment of the price of an Order, of the provision of erroneous information at the time of account creation, or of any other act likely to harm the interests of the Company, the Seller reserves the right to suspend access to the service of adesso service or, depending on the seriousness of the acts, to terminate the customer's account. The Company also reserves the right to refuse to enter into a contract with a customer who has been excluded or sanctioned for such actions.
Article 7 - Order
The Customer, when browsing the Site, can 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 by pressing the "view basket" button and place his Order by pressing the "validate order" button. Registration on the Site is not mandatory in order to proceed with the Order. However, an account will be automatically generated on the Web site, in the Customer's name, after the Order has been placed.
The Client must provide a valid address, shipping address and payment method in order to finalize the Sales Order and effectively form the sales contract between the Client and the Company. The finalization of the Order implies the acceptance of the prices of the Products sold as well as the terms of payment indicated on the Web site. The Vendor shall not be held responsible for any errors in the information entered by the Customer, nor for any consequences resulting therefrom in terms of late delivery 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 has been placed, the User will receive confirmation by e-mail. This confirmation will summarize the Order as well as the relevant delivery information.
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 Web site or with whom 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 which appear on the Site, on the day of the consultation of the Site by the User, 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 on the Site at the time of registration of the Order 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 delivery charges, which shall 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 shall correspond to the total amount of the purchase, including these fees. An invoice will be sent to the Customer upon request 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 prices of the service of sending the Products are those presented on the Site, all taxes included. The prices can be modified. In this case, the modifications are only valid for future Orders. Orders that have already been paid for shall not be affected by price changes.
Payment for services will be made by credit card or PayPal. The payments made will be secured by a data encryption procedure in order to avoid the interception of this information by a third party.
The Customer warrants to the Seller that he/she is fully authorized to use the means of payment chosen for the payment of his/her Order and that such means of payment legally provides access to sufficient funds to cover all costs resulting from his/her Order on the Web Site. The Company shall not be held liable for any fraudulent use of the payment methods 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.
The Customer shall not be charged any additional costs beyond those incurred by the Seller for the use of a payment method.
Article 10 - Delivery of the Products
The delivery charges applied to the Order depend on the Order and on the transport costs specific to each delivery:
- for any Order in France, the shipping costs applied are 4 € ;
- for any Order in Italy, the shipping costs applied are 7 €.
Delivery is the transfer of physical possession or control of the Product to the Customer.
The Vendor undertakes to use its best efforts to deliver the Products ordered by the Customer as soon as possible, these deadlines being given as an indication. However, if the ordered Products were not delivered within thirty (30) days as from the placing of the Order, for any other cause than the force majeure or the fact of the Customer, the sale could be cancelled at the written request of the Customer under the conditions envisaged in the articles L. 216-2, L. 216-3 and L. 241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen (14) days which follow the date of denunciation of the contract, to the exclusion of any compensation or retention.
The Company shall not be liable for any delays in delivery and the consequences thereof. In the event that the package is returned to the Company, a second delivery will be made at the Client's expense. If the parcel is again returned to the sender, there will be no new shipment and the additional delivery costs will be deemed to be acquired by the Company.
Article 11 - Complaints
The Client is required to check the condition of the Products delivered. The Customer has a period of fourteen (14) days from the date of delivery to formulate any reservations or claims for non-conformity or apparent defect of the delivered Products, with all the related documents.
The Customer shall contact the Company via the e-mail address hello@adessobeauty.com indicating the problem so that the procedure to be followed is communicated to him by the Seller.
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, 20129 MILANO 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 will only take place after full payment of the price by the latter, whatever the delivery date of the Products.
In accordance with the article L. 216-4 of the Code of consumption, whatever the date of the transfer of property of the Products, the transfer of the risks of loss and deterioration relating to it will be realized only at the time when the Customer will take physically possession of the Products, that is to say, at the delivery. The Products travel at the Seller's risk.
Article 13 - Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) clear days from the date of receipt of the Product to exercise his right of withdrawal from the Vendor, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, on condition that the Products are returned in their original packaging and in perfect condition within fourteen (14) days following communication of his 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 up to fourteen (14) days after receipt of his Order to inform the Seller of his decision to withdraw by mail or e-mail to hello@asessobeauty.com.
The Customer must then return, at his own expense, the Product(s) in its (their) original packaging, at the latest within fourteen (14) days following the communication of his decision to withdraw, to the following address
BRS BEAUTY -VIA GOFFREDO MAMELI 19, 20129 MILANO ITALIE
Where the fourteen (14) day period expires on a Saturday, Sunday or statutory holiday, it shall be extended to the next business day.
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 conditions are met, the Seller shall refund to the Customer all sums paid by the Customer, as soon as possible and no later than fourteen (14) days following the date on which the Company was informed of the Customer's decision to withdraw. The Company reserves the right to defer the refund until the earlier of the date of collection of the Product(s) or the date on which the Customer provides proof of shipment of the Products. Initial shipping costs are included, except for return shipping costs which are the responsibility of the Customer.
The proof of the effective exercise of the right of withdrawal weighs on the Customer.
Article 14 - Legal guarantees
The Customer benefits from the legal guarantee of conformity (article L.217-4 and following of the Code of the Consumption) and defects of the sold thing (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 under the legal guarantee of conformity, independently of any commercial guarantee, he has a period of two years from the delivery of the goods to act. The Customer is exempted from proving the existence of the non-conformity during the six-month period starting from the delivery of the Product(s). This period is extended to twenty-four months for any purchase of new Product(s) as of March 18, 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 under the legal warranty of defects in the thing sold, he shall choose between rescission of the sale or reduction of the sale price.
Article 15 - Force majeure
The Seller and the Customer shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.
Article 16 - Intellectual Property
All elements of the www.adessobeauty.com website, 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 retains all intellectual property rights to the photographs, presentations, illustrations and studies made for the purpose of providing the Services to the Customer. The Customer shall therefore refrain from reproducing or exploiting the said studies, illustrations, presentations and photographs without the Vendor's express, prior written authorization, which may be conditional on financial consideration.
Article 17 - Liability and Imprecision
The Company shall in no way be held liable for the unavailability, whether temporary or permanent, of the Site, and although it shall do everything in its power to ensure that the service is permanently available, it may be interrupted at any time. In addition, the Company reserves the right, by voluntary action, to make the Site unavailable in order to carry out any updating, 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, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or interfere with the proper working of a computer, including any transmission resulting from a download of any Content by Customer, the software used by Customer to download the Content, the Site or the server that makes it available. In this regard, Customer acknowledges that it is Customer's responsibility to install appropriate anti-virus and security software on its computer hardware and other devices to protect against harmful bugs, viruses and other such programming routines.
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 that results from the download 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.
Seller and Customer expressly waive the provisions of Article 1195 of the Civil Code and the system of revision for unforeseen circumstances provided 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 were declared invalid pursuant to a law or regulation or a final court decision, the other stipulations would retain their force and scope.
Article 19 - Advertising on the Site
The Company may freely insert advertising on its Site and has total freedom of choice as to the layout of these advertisements, the advertisers and the display of these advertisements.
The advertising links leading the User to other Internet sites do not imply, in any case, a validation of the contents of these sites, nor of their services, products, advertisements or any other information which they diffuse.
Article 20 - Modifications of the General Conditions of Sale
The Company reserves the right to modify the Site, the GTC as well as any procedure of delivery or other elements constituting the services carried out by the Company by the means of the present 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 resulting from them are governed by 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 arise in connection with the sale of adesso products.
In accordance with the order of August 20, 2015 and the implementing decree of October 30, 2015, the Customer may refer to the CMAP - Centre de Médiation et d'Arbitrage de Paris - to settle amicably by mediation any dispute or so-called consumer dispute, subject to Article L612-2 of the 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 his dispute to the mediator, the Customer can fill in the form on the CMAP website: www.mediateur-conso.cmap.fr, or send his request by simple or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or send an email to consommation@cmap.fr.
Article 24 - Mecenat
Since its launch, BRS Beauty joins with adesso the international association "1% for the planet" by dedicating 1% of its turnover to environmental associations.
If you have any questions about "1% for the planet", you can contact us: hello@adessobeauty.com
Article 25 - Personal data
BRS Beauty respects your concerns about the protection of your privacy and your personal data.
Your personal data is collected and processed by BRS Beauty. In the context of online sales, the provision of some of your personal data is mandatory, as this information is necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential.
Failure to provide this information will result in automatic rejection of the order. Some 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 amended "Informatique et Libertés" law of January 6, 1978, as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, the User has the right to access his or her data, to be informed, to object, to rectify, to limit, to portability and to delete the data concerning him or her.
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 regarding the protection of personal data 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
BRSBeauty, a simplified joint stock company with a capital of seven thousand euros (€7,000), registered with the Paris Trade and Companies Register under number 848 433 751, whose registered office is located at 17-21 rue Saint Fiacre- 75002 Paris, France. The director of the publication is Enrica Sangalli, legal representative of BRS Beauty.
Contact : hello@adesssobeauty.com
2- Host
Shopify
3 - Design and production
Big Cheese and Studio Zerance
The site was created by theShopify Studio ZeranceAgency, whose headquarters are located at 40 rue Alexandre Dumas, 75011 Paris, France.
4 - Personal Data and Cookies
All the information of your Account is used only within the framework of your commercial relation with www.adessobeauty.com. This information is never shared with third parties or resold. Finally, your banking information is never in our possession. The transactions are entirely processed by Paypal or by the secure payment module of our partner. The Site uses cookies (connection cookies) which the user is informed of when he/she arrives on the website and which allow to record information relative 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 his browser, knowing that access to certain services may require prior acceptance by the user of cookies.