1. PRELIMINARY INFORMATION
A) LEGAL NOTICES
In order to comply with the legal text dealing with confidence in the digital economy, dated June 21, 2004, the following legal notices are essential in order to identify the publisher of this website.
The site is edited by the company Alshaer with a capital of 5000 €, registered in the trade and companies register of Meaux under the number 84440904500011 The head office is in Villeparisis (77270).
Its intra-community VAT number is as follows: FR76844409045
The site is hosted by IONOS. Its head office is in Sarreguemines (57200) in France. The company can be reached by phone at 0782819422 from Monday to Friday from 8 a.m. to 5 p.m.
This website was produced by the company Nuage Communication.
The general conditions of sale were written by our editor.
B) PURPOSE
All Internet users have access to this site which is free and thus free to access. Its purpose is to enable the sale of goods and products online.
C) ACCEPTANCE OF THE GTC
An order placed on this site, which is subject to these general conditions with the publisher, signifies the acceptance, by the user, of these general conditions of sale. The latter therefore acknowledges having read it fully. It thus validates these general conditions.
The user recognizes the value of proof represented by the automatic registration systems of the publisher of this site. He renounces to contest them in a situation of litigation unless contrary evidence is brought.
The acceptance of the general conditions cited here implies that users have the necessary legal capacity for this. Otherwise, they have the authorization of a tutor, a curator if they are incapacitated. In the case of minors, they have the authorization of their legal representative. Finally, they have a mandate if they are acting on behalf of a legal person.
2. TERMS OF ORDERS AND PURCHASING CIRCUIT
On the site, products are sold within the limits of available stocks. This availability is indicated on the site, individually, in the description sheet of each item presented for sale. To satisfy the devices implied by the law of confidence in the digital economy of June 21, 2004, the control circuit is indicated below:
When ordering, the user selects one or more products that he adds to his basket. Once the order is complete, he accesses his basket using the button representing him. Consulting the basket allows the user to check the products chosen, both the number and the type, the unit price. He can also check the total price of the order. On this same page, he can delete products from his basket. In addition, there will also be on this basket summary the withdrawal conditions as well as the applicable deadlines.
If the command suits the user and wants to validate it, he can click on the button
"Validate". He then accesses a form in order to enter his login ID and password, if he already has an account on the site. Otherwise, he must complete the fields made available for new registrants with his personal information (name, first name, address, telephone number).
Once logged in or after completing the form, the user can check or modify their billing and delivery details. If the user does not see any modification to be made, he is redirected to the secure payment interface and can thus pay the indicated amount.
When the site editor receives payment, he undertakes to send a confirmation of receipt to the user by e-mail, within a period that may not exceed 24 hours. Always electronically, the publisher must also send the order summary containing the details of the order with the products chosen, the delivery address and the terms of his right of withdrawal.
3. PRICES, TAXES AND DELIVERY CHARGES FOR PRODUCTS
On the site, the prices indicated are in euros and include all taxes (all taxes included). Delivery costs are not included in the prices per listing. The publisher can modify the prices displayed and they are therefore only valid on the day of the order. They therefore have no effect for future orders. The price that applies to the customer is that in force and displayed at the time of the order.
The delivery costs are indicated to the user during the summary of the order and before being redirected to the secure interface of the payment.
For delivery outside the European Union and to overseas departments and territories, prices are exclusive of tax. The user receives the information that customs duties and taxes may be payable. These are not the responsibility of the publisher and if they are payable, they will be the responsibility of the user. Before even placing an order on the site, the user must check all this data as well as the possibilities of importing the product in question with the competent authorities of the country of delivery.
The products sold on the site remain the property of the seller until full payment of the order placed, as stipulated in the retention of title clause. From the delivery of the products, the products become the property of the user.
4. PAYMENT INFORMATION
The user places an order on this site and pays by credit card or via his Paypal account. Payments by credit card are secured by the service provider:….
The publisher of this site does not have access to the user's bank details. Payment is made directly with the bank.
Delivery times only run on the date of effective receipt of payment by the seller. The latter has in his possession proof of receipt or not of payment.
A basket is not validated for lack of payment recorded.
5. DELIVERY
A) DEADLINE
Orders placed are shipped by the seller within 2 to 5 working days. The carriers are Laposte. The delivery times indicated are included excluding weekends and public holidays
Orders to be delivered abroad and in the French overseas departments and territories are subject to a delivery time greater than national.
Orders may justify a delivery time greater than the time limits in force and the user must be informed thereof when confirming the order.
B) DAMAGE AND LOSS
In the situation of a damaged or incomplete package or including damaged items, the user can refuse the package to benefit from the guarantee offered by the carrier. In addition, the user must inform the publisher without delay. A new package will then be prepared and sent back when the damaged one has returned to the seller. In this case, the previously stated delivery times will no longer apply.
6. RIGHT OF WITHDRAWAL AND CUSTOMER SERVICE
A) CUSTOMER SERVICE
The site has a customer service.
It is accessible:
- Monday to Friday from 8 a.m. to 5 p.m. to the following non-surcharged telephone number: 0782819422,
- by email to the following address contact@alshaer-paris.fr,
The response time is 48h-72h
B) RIGHT OF WITHDRAWAL AND RETURN OF PRODUCTS
In accordance with the legislation in force, from the date of receipt of the package, users have thirty clear days to request a refund. In the event that the withdrawal period ends on a Saturday, Sunday, public holiday or non-working day, it is extended until the next working day.
To be able to apply this right, at our expense, they must return the package to us at the following address 139 avenue Eugène varlin 77270 villeparisis with a letter requesting a refund or an exchange.
Consumers must ensure that returned packages are complete with: packaging, instructions, accessories, copy of the invoice. In addition, the returned products must be in perfect condition: neither soiled, nor damaged, nor used.
C) LATE DELIVERY
Delays in deliveries may cancel the order and refund. Thus if a delay of more than seven days is observed, the consumer must send a written request by registered letter with acknowledgment of receipt. He specifies the details of the situation and requests reimbursement. Upon receipt of this letter and if the package is not being shipped, it will then be refunded the amount in question. In addition, the delay must not be due to an incorrect address or to conditions beyond the control of the publisher such as natural events: floods, bad weather, etc. If the package were to be received while the consumer still wishes to do so. refund,
7. GUARANTEE OF PURCHASED PRODUCTS
If a product purchased on the site were to be defective, and as stipulated in the provisions of the Civil Code in terms of legal warranty against hidden defects, the consumer has a period of two years from the finding to request the exchange or reimbursement of the product. Pursuant to Article L211-5 of the Consumer Code, he will have a period of two years from receipt of the product in question to request an exchange or refund, in the event that the goods delivered are defective. . It is up to the consumer to assert his rights by contacting the publisher's customer service.
In addition to these two situations indicated in the Civil Code and the Consumer Code, certain items purchased on the site may be subject to a guarantee offered by the seller or the manufacturer, with a period varying according to the product and which is indicated on the product sheet or instructions.
8. PROVISIONS SPECIFIC TO CERTAIN PRODUCTS
In accordance with the laws and regulations in force in France, each product sold on the site has mandatory displays. The description sheet is particularly affected by the current regulations. All the approvals necessary for the marketing of cosmetic products sold by the site are held. In addition, the instructions for each product and on the product itself are indicated the risks associated with use, if any. By accepting the general conditions of sale, the user himself certifies that he is aware of these risks,
even rare. If an undesirable effect not mentioned on the product sheet or on the product itself appears, the consumer must report it to his doctor or the manufacturer of the product or the French Agency for the Safety of Health Products (afssaps) . In addition, the publisher indicates to the consumer that the recommendations for use must be respected as well as the applicable dosages in order to avoid adverse reactions. It is also up to him to check that the products selected are not incompatible with his state of health, in particular due to allergies. Finally, the periods of use after opening must also be respected.
9. USER AREA
A) CREATION OF A USER ACCOUNT
To place an order, the user must have an account on the site. For this, during creation, he will be asked for personal information that the user undertakes to provide accurately. Certain information such as the address in particular will be essential for delivery. If the user does not wish to communicate this information, the account cannot be created and no order can be placed and validated on the site.
The creation of this user space thus makes it possible to place orders and to monitor preparation, routing and delivery.
B) OPERATION
The site editor undertakes to keep in a secure manner the elements communicated by the user and whose conservation is required by the law or the regulations in force. The data of a user account lost due to a technical problem, improper handling or a case of force majeure do not engage the responsibility of the publisher. Indeed, these data are only informative.
If the general conditions of sale were not to be respected by the user, the publisher has the exclusive right to delete his account. Accounts that have been inactive for a long time can also be deleted.
C) PASSWORD CHOSEN
When creating their account, the user must choose their password. This guarantees the confidentiality of account information and must be kept secret. Otherwise, the site will not be responsible if third parties use this account.
10. RESPONSIBILITIES OF THE PUBLISHER
A) ACCESSIBILITY TO THE SITE AND FORCE MAJEURE
If the site is inaccessible due to technical problems in particular, the user cannot claim any compensation if he wishes to consult his account.
The unavailability of certain products, without knowing a restocking date, does not represent a reason that could lead to compensation for the user.
In the event of force majeure and the non-possibility of responding to an order, the publisher cannot be held responsible for this situation as stipulated by French law.
B) PRODUCT VISUALS
The visual representations used for the sale of products on the site are guaranteed to conform to reality. The publisher undertakes to provide perfect information to the customer. It is noted that the technical conditions, the quality of the computer station, the quality of the graphics accessories, the state of the screen used as well as the resolution can appreciably modify the final rendering. In this specific case, the differences in appearance cannot be attributed to the publisher and its responsibility is therefore not engaged.
C) PRODUCTS SOLD ON THE SITE
The publisher undertakes to comply with the applicable regulatory and legislative provisions in force in France. It will not be responsible for non-compliance with provisions in other countries. In addition, the publisher will not be held responsible for the misuse of the products or for accidental damage, in particular related to the misuse of the products and not respecting the instructions for use.
D) HYPERTEXT LINKS
Hypertext links can redirect to external sites. In this case, the responsibility of the publisher of the site is not engaged if these sites do not comply with the legislation in force. If the user is the victim of prejudice by having visited these sites, he could not turn against the publisher.
E) NEWSLETTERS SENT BY THE PUBLISHER AND ITS PARTNERS
When registering, the user can check the box provided in order to receive newsletters from the publisher. The publisher defines the frequency of sending as well as the information that will be mentioned in the newsletters.
By checking the box, the user also wishes to receive commercial offers related to the products of the site and partners.
The user can unsubscribe by clicking on the link at the end of newsletters received electronically.
If the user has accepted that his personal data be communicated to partners, he will therefore receive newsletters from these partners and the publisher of the previous site will not be responsible for the content. These partners define the content, form and frequency of these newsletters. Once again, the user can unsubscribe with the link at the end of newsletters received electronically.
If no link is available in the newsletters issued by the publisher and its partners, the user can unsubscribe by contacting the issuers directly.
11. INFORMATION ON THE DATA PROTECTION ACT
A) GENERAL
Regarding his personal information, the user is free to communicate it or not. Providing this information does not affect whether or not you can browse the site.
However by registering, the user will provide personal information concerning him and without it, he will not be able to place an order on the site since he will not have an account created.
The data provided by the user makes it possible to provide services adapted to the user and the publisher undertakes to respect its obligations. He must keep the data and not communicate them to third parties unless the user has given his consent or a specific situation governed by law arises.
This data is generally saved for a year or more if used regularly with frequent commands from the user. The storage conditions are secure, thus respecting the provisions of the Data Protection Act of January 6, 1978.
B) RIGHT OF OPPOSITION, INTERROGATION, ACCESS, RECTIFICATION
In accordance with the Data Protection Act, the right to oppose, query, access and rectify the data provided is made available to the user.
It is enough for him to make the request to the editor of the site, by formulating it:
– àl’
- by post to the address of the publisher's headquarters: by email only.
Personal data is subject to computer processing and is only reserved for the site editor.
The data controller is ... CNIL declarant number: ...
C) IP ADDRESS
In addition, the publisher has the right to collect the public IP, or Internet Protocol, address of users. This is done anonymously. Its retention period is the same as that applied to personal information. Retention can only be used to provide quality administration of site services.
The IP address is presented as a series of numbers with dots to identify a computer on the Internet.
In situations governed by law - such as a judicial requisition, a judge's order - the publisher will have to provide personal data concerning the user in question. The IP address of a computer can be used to trace the identity of the user through their subscription to their Internet service provider (ISP).
12. INFORMATION CONCERNING THE COLLECTION OF "COOKIES"
A) GENERAL
For efficient user navigation on the site, the publisher can include a cookie that will be installed on the user's computer. In particular, it will allow the different pages to function better.
This cookie will store navigation information on the site including the date and time of connection as well as the page. The information entered by the user will also be included, in particular concerning:
- his research,
- his identifier,
- his email,
- his password.
In general, cookies can be stored on a computer for up to one year. They will be used by the publisher on each new visit.
B) RIGHT TO OBJECT TO INSTALLED COOKIES
The possibility of opposing the installation of these cookies is made available to the user. He can thus block but also modify the retention period, or simply delete cookies by going to his settings. In options or tools, then by clicking on privacy or confidentiality, he can act on his cookies.
Deleting cookies will have consequences on the quality of navigation on the site and some services may not work optimally or even not work at all.
C) DELETION OF COOKIES
Previously mentioned, the deletion of cookies is also a right for the user. In options or tools, then by clicking on privacy or confidentiality, he can delete the cookies already present on his computer. Deleting these cookies results in the loss of information already entered during previous connections and connection to the site may be less than optimal.
13. INTELLECTUAL PROPERTY APPLIED TO THE ELEMENTS OF THE SITE
Each of the elements that make up the site is the property of the publisher. It may also be the subject of an operating license. In both cases, the data is protected by intellectual property law.
Thus the user cannot copy the site, either partially or totally, nor to use the content even by modifying it, without having authorization. If he acts despite everything, he is liable to legal proceedings by the publisher or his successors in title.
The intellectual property concerns the structure, the name and the graphic charter of the site as well as the textual and graphic elements.
In addition, it is brought to the attention of the user that the general conditions presented here have been filed with a bailiff. Reproduction, whether partial or total, exposes it to legal proceedings.
14. GENERAL CONDITIONS AND APPLICABLE LAW
A) CHANGE OF GENERAL CONDITIONS
The modification of the general conditions presented here can take place by decision of the publisher or his representative. When ordering, the conditions in force apply to the user. In the event of changes, the previous versions must be kept by the publisher in order to be able to provide them if a user requests them.
B) LAW AND JURISDICTION OF THE COURTS
French law applies to the general conditions. In addition, it is the French legal authorities which have the competence to intervene in cases of specific disputes with a user. The general conditions are also written in French and there is no foreign version.
C) AMICABLE SETTLEMENT
In the case of disputes, before legal measures are considered, conciliation may take place in order to obtain an amicable settlement. However, a procedure can be launched in parallel in order to anticipate a possible non-amicable resolution.
D) SEVERABILITY OF THE GENERAL CONDITIONS
In the event of a legal decision which would render one of the general conditions of sale null and void, only the condition referred to is canceled. The others always have effect.
E) NON-WAIVER
If one of the conditions were to be refused by the user indefinitely or temporarily, all the other conditions must be respected without waiver.
