GENERAL CONDITIONS OF SALE AND USE
Version 1.0 du 12/02/2018
2. Order subscription and purchase process
3. Products prices, taxes and delivery charges
4. Payment Information
5. Delivery or Secondment
6. Customer Service and right of withdrawal
7. Warranty of products purchased on the website
8. Specific requirements related to the nature of the products
9. User space
10. Exemption of liability for the publisher
11. Information concerning the Data Protection Act
12. Information concerning the use of « cookies »
13. Intellectual property on elements of the site
14. General requirements and applicable law
a) Legal Mentions
In order to comply with the provisions of the law on confidence in the digital economy of 21 June 2004, the legal notices required to identify the publisher of this website will be set out below.
The present website is published by My Spooky Vanity, operating as a sole trader, registered in the Ajaccio Trade and Companies Register under number 830 268 132, and whose registered office is located at 17 Rue Docteur del Pellegrino, 20090 Ajaccio.
Exempt from registration in application of Article L. 123-1-1 of the Commercial Code. VAT not applicable, article 293B of the CGI.
The publishing director of the site is Sandy Bonifacj.
The editor of the site is Sandy Bonifacj.
This site is hosted by the company WiziShop, whose registered office is located 8 Avenue Malaussena 06000 Nice, reachable by telephone at the following number: 0811388080.
The general conditions of sale were generated through the module CGV-expert.fr.
This site is freely accessible to all Internet users. It consists of a website selling products online.
c) Acceptance of the terms and conditions of sale
The subscription to a contract governed by these general conditions with the publisher of this site implies the acceptance, by the user, of these general conditions of sale. The user also acknowledges having read it fully. This acceptance will consist in the fact, for the user, of validating the present general conditions.
The user acknowledges the proof value of the automatic registration systems of the publisher of this site and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
The acceptance of these general conditions presupposes that the users have the necessary legal capacity to do so, or failing this, that they have the authorisation of a guardian or a curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they act on behalf of a legal person.
The products are sold within the limits of available stocks. The availability of the products is indicated on the site, in the descriptive sheet of each article.
In order to meet the provisions of the law of confidence in the digital economy of 21 June 2004, will be described below the ordering process :
In order to place an order, the user can select one or more products and add them to his basket. When his order is complete, he can access his basket by clicking on the button provided for this purpose. By consulting his basket, the user will be able to check the number and nature of the products he has chosen and can check their unit price and the overall price of the order. He will have the possibility to remove one or more products from his basket. In particular, this summary will indicate to the user whether or not he has the right to exercise his right of withdrawal as well as the time limits and conditions that apply to it.
If his order suits him and that he wishes to validate it, the user will be able to click on the button of validation, he will then reach a form in which he will be able either to seize his identifier of connection if he already has one, or to register on the site by completing the form which is presented to him, with the personal information concerning him.
As soon as he is connected or after he has perfectly completed the form, the user will be invited to check or modify his delivery and billing details, to read and validate these conditions, to confirm his order and will then be invited to make his payment by being redirected for this purpose on the secure payment interface.
Once payment has actually been received by the site editor, the latter undertakes to acknowledge receipt to the user electronically within a maximum period of 24 hours.
Similarly and within the same deadlines, the publisher undertakes to send the user a summary e-mail of the order in order to confirm processing and to communicate all information relating to the order.
The prices indicated on the site are in Euros, all taxes included, and excluding delivery costs. Prices are firm, without discount or rebate. These prices may be modified at any time by the publisher. The price applicable to the customer is that in effect at the time of the order.
Delivery costs will, in all hypothesis, be indicated to the customer before any payment.
In case of delivery outside the European Union and the French overseas departments and territories, the user is informed that customs duties and other taxes may be payable. The necessary formalities and the payment of the said duties and taxes are not the responsibility of the publisher and will in any case be paid by the user. It is therefore the responsibility of the latter to check all this data and the possibilities of importing the product with the competent authorities of the country of delivery, before any order on the site.
THE PRODUCTS SOLD REMAIN THE PROPERTY OF THE PUBLISHER UNTIL FULL PAYMENT OF THEIR PRICE, IN ACCORDANCE WITH THIS RETENTION OF TITLE CLAUSE. THE RISKS ARE TRANSFERRED TO THE CUSTOMER AS FROM THE DELIVERY OF THE PRODUCTS.
The Internet user can place an order on this site and can pay by credit card.
Payments by credit card are made through secure transactions provided by the providers: PayPlug, PayPal and Amazon Pay.
Within the framework of payments by credit card, the editor of this site does not have access to any data relating to the means of payment of the customer.
The delivery times defined in the article below only begin to run from the effective date of receipt of payment by the seller, the latter being able to provide proof by any means. If the customer fails to pay within eight days of the order, the order will be cancelled and the products put back on sale on the site.
Failure to pay any amount due to the publisher at the end of its term shall give rise to the collection of penalties equal to (3) three times the legal interest rate plus a fixed indemnity of 40 euros for collection costs. These penalties will be due as of the day following the due date of the unpaid sums, without prior formal notice.
a) Time limit
Orders are delivered by La Poste, or any carrier designated by the publisher within 2 to 10 working days from the perfect receipt of the price corresponding to the order.
Certain products or certain order volumes may nevertheless justify a longer delivery time, this will be expressly mentioned to the user when validating the order.
b) Damage and partial loss
In case of delivery of a parcel obviously and visibly damaged, incomplete or containing damaged objects, it is up to the customer to refuse it in order to enjoy the guarantee offered by the carrier. The user must also inform the publisher without delay, so that a new package is prepared and then shipped upon receipt of the damaged package back. In such a case, the delivery periods indicated above in these general conditions shall no longer apply.
In the same way, the user will have to refuse any incomplete parcel or containing damaged objects. Indeed, in accordance with Article L 133-3 of the Commercial Code, the receipt of the items transported extinguishes any action against the carrier for damage or partial loss if within three days, not including public holidays, following that of such receipt, the consignee has not notified the carrier, by registered letter, of his justified protest. If this formality is not carried out, the user will not be compensated.
a) Customer service
The customer service of this site is accessible by e-mail at the following address firstname.lastname@example.org or by post at the following address: My Spooky Vanity, 17 Rue Docteur del Pellegrino, 20090,Ajaccio. In the latter two cases, the publisher undertakes to reply within two working days.
b) Right of withdrawal
The consumer has the right to withdraw from this contract without giving any reason within fourteen days (14 days). The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the property or the last property.
To use the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of a clear statement (e.g. letter sent by post, fax or e-mail). In order to facilitate your steps, you can use the model form of retractation but it is not obligatory.
For the withdrawal period to be respected, it is sufficient for you to transmit your communication concerning the use of the right of withdrawal before the expiry of the withdrawal period.
Products excluded from the right of withdrawal : In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for orders relating to the supply of goods which have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection.Consequently, the customer is alerted on the fact that he will not be able to exercise his contractual right of withdrawal on the products unsealed by the latter whose new marketing would present risks for reasons of hygiene or health protection for the consumers (ex: make-up, perfumes).
c) Effects of withdrawal
In the event of a withdrawal from your part, we will refund all payments received from you, including delivery charges (with the exception of additional charges arising from the fact that you have chosen, if applicable, a delivery method other than the least expensive standard delivery method proposed) without undue delay and, in any event, no later than fourteen days from the day we are informed of your withdrawal decision. We will refund using the same method of payment as you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not cost you. We may defer the refund until we receive the property or until you have provided proof of shipment of the property, whichever comes first.
You must return the goods without undue delay and, in any event, no later than fourteen days after you have notified us of your decision to withdraw. This period is deemed to be respected if you return the property before the expiry of the fourteen-day period.
You will be responsible for the direct costs of returning the property. The cost of returning the goods where, because of their nature, they cannot normally be returned by La Poste shall be indicated by the publisher prior to the conclusion of the contract.
You are only liable for the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this property.
In case of defect of a product purchased on this site, the user has, in accordance with the provisions of articles 1641 and following of the Civil Code regarding legal warranty against latent defects, a period of two years from the discovery of said defect to request resolution of the sale or a reduction of the sale price (article 1644 of the Civil Code) and, Pursuant to Articles L217-1 and following of the Consumer Code, in the event that the goods delivered do not conform, the consumer will have a period of two years from receipt of said product to request repair or replacement subject to the cost conditions provided by Article L217-9 of the Consumer Code. The consumer is exempted from providing proof of the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods (6 months for second-hand goods).
In order to use one of these rights, it will be up to the customer to contact the publisher's customer service department.
Certain objects acquired on the present site benefit, in addition to the guarantee of hidden defects defined by the civil code as well as the guarantee of good conformity imposed by article L217-4 of the code of consumption which are, if necessary, always applicable and which are defined above, from a conventional guarantee offered by the salesman or the manufacturer, whose duration will be likely to vary according to the product, and which will be detailed in particular on the descriptive sheet and the note of use of the product. Any commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
All products sold on this site are marketed in compliance with the laws and regulations in force in France. The mandatory postings required by the legislative and regulatory provisions in force are made on this site, and in particular in the description sheet of each article.
a) Cosmetic products
All cosmetic and care products sold on the present site have all the necessary approvals for their release on the market.
The risks associated with the use of the products are mentioned on the site and on the product, as well as, where applicable, on the product manual. By subscribing to the present general conditions, the user declares to be perfectly informed of all the risks, even exceptional, relating to the use of the product object of the sale. In the event of an adverse reaction not mentioned on this site, on the packaging or on the product leaflet, the user is invited to inform his doctor, the manufacturer of the said product or the French health product safety agency (afssaps).
In the case of cosmetic products sold on this site, the publisher reminds the user that it is his responsibility to scrupulously respect the instructions for use and dosage applicable to products purchased on this site. It will also be his responsibility to ensure the compatibility of the products purchased with any allergies he may have and to ensure that the period of use after opening is respected.
Creating a user account is a prerequisite to any user order. To this end, the user will be asked to provide a certain amount of personal information. The user undertakes to provide accurate information under penalty of termination of the contract at the initiative of the publisher and deletion of the user account.
Certain information will be deemed essential for the conclusion of the contract and their collection will be essential for the creation of the account and the validation of the conclusion of the contract. The refusal by a user to provide said information will have the effect of preventing the creation of the user account and, incidentally, the validation of the order.
This space allows the user to consult all his orders placed on the site, and also allows him, if necessary, to follow the delivery of products purchased.
If the data contained in the user account were to disappear following a fortuitous event, a technical breakdown or a case of force majeure, the responsibility of the publisher of this site could not be engaged, this information having no probative value but only an informative character. However, the publisher undertakes to keep in a secure manner all contractual elements whose retention is required by law or regulation in use.
The publisher reserves the exclusive right to delete the account of any user who has contravened these general conditions (in particular but without this example being exhaustive, when the user has knowingly provided incorrect information when registering and setting up his account) or any account inactive for at least one year. Such deletion will not be likely to constitute a damage for the excluded user who will not be able to claim any compensation for this fact.
This exclusion is not exclusive of the possibility for the publisher to take legal action against the user when the facts justify it.
When creating the user account, the user will be prompted to choose a password. This password is the guarantee of the confidentiality of the information contained in his account and he therefore refrains from transmitting or communicating it to a third party. Otherwise, the site cannot be held responsible for unauthorized access to a user's account.
a) Site accessibility and force majeure
In the event of impossibility of access to the site, because of technical problems or of any nature, the user will not be able to take advantage of a damage and will not be able to claim any compensation.
The unavailability, even prolonged and without any time limit, of one or more products, cannot constitute a prejudice for the user and can in no way give rise to the attribution of compensation from the site or its publisher.
The publisher can in no case be held responsible for the non-performance of the contract that may be attributable to a case of force majeure, as defined by French law.
b) Visual representation of the products
The visual representations of the products, published on this site, are guaranteed by the publisher as perfectly faithful to reality, in order to satisfy its obligation of perfect information. However, in the current state of the art, the rendering of these representations, particularly in terms of color or shape, can vary significantly from one computer to another or differ from reality depending on the quality of the graphic accessories and screen or the resolution of the display. These variations and differences can in no case be attributed to the publisher, who can in no case be held liable as a result.
c) Products sold on the website
The publisher agrees to comply with all applicable provisions in use in France and may not be held liable for non-compliance with regulatory and legislative provisions in use in other countries.
The publisher of this site can in no case be held responsible for the improper use of products, improper maintenance of products, accidental damage or misuse of products.
The products offered for sale on the site being sold not installed, the user declares that he is responsible for the installation of the products that he must carry out in accordance with the rules of the art and the instructions for use.
d) Hypertext links
Hypertext links on this site may lead to other websites and the publisher of this site cannot be held liable if the content of these sites contravenes current legislation. Similarly the responsibility of the publisher of this site could not be engaged if the visit, by the user, of one of these sites, would cause him a prejudice.
a) General – Purpose – Duration
The user is free to provide personal information about himself. The provision of personal information is not essential for navigation on the site. On the other hand, the registration on the present site supposes the collection, by the editor, of a certain number of personal information concerning the user. The user who does not wish to provide the necessary information to create a user account will not be able to place an order on this site.
The data collected are necessary for the proper administration of the services offered on this site and for compliance with its contractual obligations by the publisher. These data are kept by the publisher in this unique quality, and the publisher undertakes not to use them in any other context, nor to transmit them to third parties, without the express consent of users or cases provided for by law.
The details of all users registered on this site are saved for a maximum period of 12 months from the deletion of the personal space, a reasonable period necessary for the proper administration of the site and normal use of data. These data are stored in secure conditions, according to current technical means, in compliance with the provisions of the Data Protection Act of 6 January 1978.
b) Right of access, rectification and objection
In accordance with the Data-processing law and Freedoms, the user has a right of opposition, interrogation, access and correction of the data which he provided. To do so, it is enough for him to make the request to the editor of this site, by formulating it with the following electronic address: email@example.com, or by postal mail to the address mentioned at the head of these general conditions.
The personal data collected are subject to computer processing and are exclusively reserved for the site editor.
The manager of the processing is Sandy Bonifacj.
Declarant number at the CNIL : to come
c) IP Adress
In addition, the publisher reserves the right to collect the public IP (Internet Protocol) address of any user. The collection of this IP address will be done anonymously, it will be kept for the same duration as the personal information and will be intended only to allow a good administration of the services offered on this site. The IP address is a series of separate numbers of points that uniquely identify a computer on the Internet network.
The publisher will have to communicate all the personal data relating to a user to the Police (on judicial requisition) or to any person (on order of the judge). The IP address of any computer may be reconciled with the actual identity of the subscriber held by the ISP (Internet service provider).
a) General – Purpose – Duration
In order to allow the user an optimal navigation on the present site as well as a better functioning of the various interfaces and applications, the editor will be able to proceed to the implantation of a cookie on his computer. This cookie makes it possible to store information relating to navigation on the site (date, page, hours), as well as any data entered by the user during his visit (searches, login, email, password). These cookies are intended to be stored on the user's computer for a variable period of up to 12 months, and may be read and used by the publisher during a subsequent visit by the user to this site.
The user has the possibility to block, modify the retention period, or delete this cookie via the interface of his browser (usually tools or options / privacy or confidentiality). In such a case, navigation on this site will not be optimized. If the systematic deactivation of cookies on the user's browser prevents him from using certain services or features provided by the publisher, this malfunction can in no way constitute damage to the user who will not be able to claim any compensation as a result.
c) Deleting cookies
The user also has the possibility to delete cookies previously present on his computer, by going to the menu of their browser provided for this purpose (generally, tools or options / privacy or confidentiality). Such action has no impact on the user's navigation on this site, but causes the user to lose all the benefit provided by the cookie. In this case, he will have to re-enter all the information concerning him.
All the elements constituting the present site belong to the editor or are the object of an exploitation authorization and are protected by the legislation relating to the intellectual property.
The user therefore recognizes that, in the absence of authorization, any total or partial copy and any distribution or exploitation of one or more of these elements, even modified, will be likely to give rise to legal proceedings against him by the publisher or his successors in title.
This protection will cover all the textual and graphic contents of the site, but also its structure, its name and its graphic design.
Similarly, the user acknowledges being informed that the matrix of these general conditions has been filed with a court bailiff and that any reproduction, even partial of this document may be prosecuted for economic parasitism.
a) Modification of general conditions
The present general conditions may be modified at any time by the site editor or his representative. The general conditions applicable to the user are those in force on the day of his order. The publisher naturally agrees to keep all its old general conditions and to send them to any user who requests them.
b) Applicable law and jurisdiction
The present general conditions are subject to the application of French law and the exclusive jurisdiction of French courts. The language of the contract is French, any version available in a foreign language on the site has only an informative value. Similarly, this site may be translated into various languages in order to facilitate navigation for non-French-speaking users who wish to order on the site.
IN THE EVENT OF A DISPUTE WITH A CUSTOMER HAVING THE STATUS OF TRADER, WITHIN THE MEANING OF THE FRENCH COURTS, EXCLUSIVE JURISDICTION IS ATTRIBUTED TO THE COURTS IN WHOSE JURISDICTION THE PUBLISHER IS ESTABLISHED.
c) Amicable settlement of conflicts
Except provisions of public order, any litigation which could arise within the framework of the execution of the present general conditions will be able before any legal action to be subjected to the appreciation of the editor of the site with a view to an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for instituting legal proceedings.
If one of the clauses of the present general conditions were to be declared null by a court decision, this nullity could not carry out the nullity of all the other clauses, which would continue to be effective.
e) No waiver
The fact, for the parts, not to take advantage on a temporary or permanent basis of one or more clauses of the present general conditions, will not carry out in no case renunciation to take advantage of the remainder of the general conditions.
If a customer wishes to cancel his order, he can use the form below.
((Please complete and return this form only if you wish to withdraw from the contract).
To Sandy Bonifacj - My Spooky Vanity, 17 Rue Docteur del Pellegrino, 20000 Ajaccio. Available by email at the following adress : firstname.lastname@example.org
I/We (*) hereby notify (*) of my/our (*) withdrawal from the contract of sale of the item (*) below :
∗ Ordered on (*)/received on (*) : ........................................................
∗ Name(s) of the customer(s) : ..........................................................
∗ Adress(es) of the customer(s) : ............................................................
Signature of the customer(s) (only if this form is notified on paper) : ....
∗ Date : ..........................................................
(*) Delete if not applicable.