General conditions of sale
General Conditions of Sale of the jetbeauty.fr Website
Applicable from 02/02/2022
ARTICLE 1. PARTIES
These general conditions are applicable between Jet Beauty, SARL with share capital of €2,000, registered with the RCS of Montereau in France on 07/13/2020 under number 885 132 613 00013, whose head office is located at 103 Rue Jean Jaurès, 77130 Montereau-Fault-Yonne, France, telephone: +33 01 60 39 04 24, email: contact@jetbeauty.fr , intra-community VAT number: FR56885132613, hereinafter referred to as "the Publisher" and any natural or legal person, private or public law, registered on the Site to purchase a Product, hereinafter referred to as "the Customer".
ARTICLE 2. DEFINITIONS
- Client : any natural or legal person, private or public, registered on the Site.
- Site Contents : all elements of any nature published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
- The Publisher : Jet Beauty, SARL in its capacity as publisher of the Site.
- Internet user : any natural or legal person, private or public, connecting to the Site.
- Product : any good sold on the Site by the Publisher to Customers.
- Site : website accessible at the URL jetbeauty.fr, as well as its sub-sites, mirror sites, portals and URL variations relating thereto.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible and free of charge to any Internet user. Browsing the Site implies acceptance of these general conditions by any Internet user. Simply connecting to the Site, regardless of the means used, including via a robot or a browser, entails full and complete acceptance of these general conditions. When registering on the Site, this acceptance is confirmed by checking the corresponding box.
The Internet User thus acknowledges having fully read and accepted them without restriction. The checked box is equivalent to the Internet User's handwritten signature. The Internet User acknowledges the evidentiary value of the Publisher's automatic recording systems and, unless proven otherwise, waives the right to contest them in the event of a dispute.
These general conditions govern the relations between the parties to the exclusion of all other conditions, in particular those of the Internet user.
Acceptance of these general conditions assumes that Internet users have the necessary legal capacity or, failing that, that they have the authorization of a guardian, a curator if they are incapable, their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Customers.
ARTICLE 5. ORDER STEPS
5.1. Order
To place an order, Internet users can select one or more Products and add them to their basket. The availability of the Products is indicated on the Site in the description sheet of each item. When their order is complete, they can access their basket by clicking on the button provided for this purpose.
5.2. Validation of the order by the Internet user
By consulting their basket, Internet users can check the number and nature of the Products chosen, as well as their unit and total price. They have the possibility of removing one or more Products from their basket. If their order suits them, Internet users can validate it. They then access a form where they can enter their login details if they already have them or register on the Site by completing the registration form with their personal information.
5.3. Payment by the Customer
Once connected or after completing the registration form, Customers are invited to check or modify their delivery and billing details, then to make their payment on a secure payment interface with the words "order with payment obligation" or any equivalent formula.
5.4. Confirmation of the order by the Publisher
Once the payment has been received by the Publisher, the latter undertakes to acknowledge receipt to the Customer electronically within a maximum of 24 hours. Within this same period, the Publisher undertakes to send the Customer an email summarizing the order, confirming its processing and including all the information relating thereto.
ARTICLE 6. PRICE - PAYMENT
6.1. Price
The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and do not have effect for the future.
The prices indicated on the Site are expressed in euros, all taxes included, excluding delivery costs.
6.2. Payment method
The Customer can make his payment via Paypal or Stripe. In the case of payments by credit card, the Publisher does not have access to any data relating to the Customer's means of payment. The payment is made directly to the banking institution.
In the event of payment by money order, check or bank transfer, delivery times begin to run from the date of receipt of payment by the Publisher.
6.3. Billing
The Publisher will send or make available to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Default of payment
Agreed payment dates cannot be delayed for any reason, including in the event of a dispute.
Any amount not paid on the due date will give rise, automatically and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to three times the legal interest rate, without this penalty affecting the due date of the amounts due in principal.
In addition, any late payment will result in the invoicing of recovery costs in the amount of 40 euros to the defaulting Customer, the immediate payment of all amounts remaining due, increased by compensation of 20% of the amount as a penalty clause, as well as the possibility of terminating the contract unilaterally at the Customer's expense. This clause is part of the provisions of Article 1152 of the Civil Code allowing the judge to reduce the compensation if it is deemed excessive.
6.5. Retention of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. CUSTOMER SERVICE
The Site's customer service is accessible from the site's contact page: https://jetbeauty.fr/pages/contact-us or by email at contact@jetbeauty.fr or by post to the address indicated in article 1 of these general conditions.
ARTICLE 8. PERSONAL SPACE
8.1. Creation of personal space
The creation of a personal space is an essential prerequisite for any order by an Internet user on the Site. The Internet user will be asked to provide certain personal information, some of which is essential for the creation of the personal space. Refusal to provide this information will prevent the creation of the personal space and, incidentally, the validation of the order.
When creating the personal space, the Internet user must choose a password that guarantees the confidentiality of the information contained in the personal space. The Internet user undertakes not to transmit or communicate this password to a third party. In the event of a breach, the Publisher cannot be held responsible for unauthorized access to the Internet user's personal space.
The Customer undertakes to regularly check the data concerning him/her and to make any necessary updates and modifications online, from his/her personal space.
8.2. Content of the personal space
The personal space allows the Customer to consult and track all of their orders placed on the Site.
The pages relating to personal spaces are freely printable by the account holder, but do not constitute admissible evidence in court. They are for information purposes intended to ensure efficient management of orders by the Customer.
The Publisher undertakes to securely store all contractual elements whose retention is required by law or regulations in force.
8.3. Deletion of personal space
The Publisher reserves the right to delete the account of any Customer who violates these general terms and conditions, in particular in the event of the provision of inaccurate, incomplete, false or fraudulent information, as well as in the event of inactivity in the personal space for at least one year. This deletion cannot be considered as a fault of the Publisher or a prejudice for the excluded Customer, who will not be able to claim any compensation for this fact.
This exclusion is without prejudice to the possibility for the Publisher to take legal action against the Client when the facts justify it.
ARTICLE 9. PERSONAL DATA
As part of its services, the Publisher is required to process personal data of its Clients.
9.1. Identity of the data controller
The person responsible for collecting and processing data on the Site is the Publisher.
9.2. Identity of the Data Protection Officer
The data protection officer is: Etienne Deshoulières, 121 boulevard de Sébastopol, 75002 Paris, contact@deshoulieres-avocats.com , 01 77 62 82 03, www.deshoulieres-avocats.com .
9.3. Data collected
9.3.1. Data collected from customers
As part of its contractual relations, the Publisher may be required to collect and process the following information concerning its Customers: email, first and last name, telephone, address, state, province, postal code, city.
9.3.2. Purpose of data processing
The data collected during the contractual relationship are processed for the following purposes:
- Initiate legal proceedings;
- Verify the identity of Customers.
9.3.3. Legal bases for processing
The data collected is based on a contractual relationship.
9.3.4. Data recipients
The data collected may only be viewed by the Publisher, within the limits strictly necessary for the execution of contractual commitments. This data, whether in individual or aggregated form, is never made freely accessible to a third-party natural person.
9.3.5. Duration of storage of personal data
The personal data collected is kept for the duration of the contractual relationship and for the time during which the Publisher's liability may be incurred. After this period, the Publisher undertakes to permanently delete the data of the persons concerned without keeping a copy.
9.3.6. Security and confidentiality of personal data
Personal data is stored in secure conditions, using current technical means, and in compliance with the provisions of the General Data Protection Regulation and current national legislation. Access to the Publisher's premises is also secure.
9.3.7. Data minimization
The Publisher directs its Customers to provide personal data strictly necessary for the execution of contractual commitments. The Publisher undertakes to retain and process only the data strictly necessary for its professional activities, and will delete any unnecessary data received as soon as possible.
9.4. Respect for rights
The Publisher's Customers have the following rights regarding their personal data, which they can exercise by writing to the Publisher's postal address or by completing the online contact form.
9.4.1. Right to information, access and communication of data
The Publisher's Customers may access their personal data. Due to the obligation of security and confidentiality in the processing of personal data, requests will be processed only if Customers prove their identity, by producing a scan of their valid identity document (in the case of a request by electronic form) or a signed photocopy of their valid identity document (in the case of a written request), accompanied by the words "I certify on my honor that the copy of this identity document is a true copy of the original. Done at ... on ...", followed by their signature.
To help them in their process, Customers can find a model letter developed by the CNIL here .
9.4.2. Right to rectification, deletion and right to be forgotten of data
The Publisher's Customers may request the rectification, updating, blocking or deletion of their personal data, in particular if it is inaccurate, erroneous, incomplete or obsolete. Customers may also define guidelines regarding the fate of their data after their death. The heirs of a deceased Customer may demand that the death of their loved one be taken into account and/or make the necessary updates.
9.4.3. Right to object to data processing
The Publisher's Customers may object to the processing of their personal data.
9.4.4. Right to data portability
Publisher's Customers have the right to receive the personal data they have provided in a transferable, open and readable format.
9.4.5. Right to restriction of processing
Customers may request that the processing of their personal data by the Publisher be limited, which means that their data may not be stored but no longer used.
9.4.6. Response times
The Publisher undertakes to respond to any request for access, rectification, opposition or any additional request for information within a reasonable period not exceeding one month from receipt of the request.
9.4.7. Complaint to the competent authority
If Customers believe that the Publisher is not respecting its obligations regarding their personal data, they may submit a complaint or request to the competent authority. In France, the competent authority is the CNIL, to which they can submit a request here .
9.5. Transfer of collected data
9.5.1. Transfer to partners
The Publisher uses authorized service providers to facilitate the collection and processing of its Customers' data. These service providers may be located outside the European Union. The Publisher has previously ensured that its service providers implement adequate guarantees and comply with strict conditions regarding confidentiality, use and protection of data, for example via the US Privacy Shield.
The Publisher uses the following subcontractors:
| Partner | Quality | Destination country | Treatment performed | Guarantees |
|---|---|---|---|---|
| Facebook Ads Manager | Subcontractor and Co-contractor | USA (Privacy Shield) | Carrying out operations relating to prospecting. | https://www.facebook.com/policy.php |
| Google Analytics | Subcontractor and Co-contractor | USA (Privacy Shield) | Development of commercial statistics. | https://policies.google.com/privacy |
| Co-contractor | USA (Privacy Shield) | Managing people's opinions on products. | https://www.facebook.com/policy.php | |
| Co-manager | USA (Privacy Shield) | Managing people's opinions on products. | https://help.instagram.com/519522125107875 |
9.5.2. Transfer upon requisition or court decision
Customers consent to the Publisher communicating the data collected to any person, upon request of a state authority or upon court decision.
9.5.3. Transfer in the context of a merger or acquisition
If the Publisher is involved in a merger, sale of assets, financing transaction, liquidation, bankruptcy or acquisition of all or part of its business by another company, Customers consent to the data collected being transmitted by the Publisher to this company and to this company carrying out the personal data processing referred to in these General Terms of Service instead of the Publisher.
ARTICLE 10. PUBLISHER’S LIABILITY
10.1. Nature of the Publisher’s obligations
The Publisher undertakes to take the necessary care and diligence to provide quality Products that comply with the specifications of these General Conditions. The Publisher is subject to an obligation of means concerning the services covered by these General Conditions.
10.2. Force majeure - Customer fault
The Publisher shall not be liable in the event of force majeure or fault of the Client, as defined below:
10.2.1. Force majeure
For the purposes of these General Terms and Conditions, a case of force majeure is any impediment, limitation or disruption of the Service due to a fire, epidemic, explosion, earthquake, bandwidth fluctuations, a failure attributable to the access provider, a failure of the transmission networks, the collapse of installations, the illicit or fraudulent use of passwords, codes or references provided to the Customer, computer hacking, a security breach attributable to the Site host or developers, a flood, a power outage, a war, an embargo, a law, an injunction, a request or requirement of any government, a requisition, a strike, a boycott, or any other circumstance beyond the reasonable control of the Publisher. In such circumstances, the Publisher will be exempted from the performance of its obligations to the extent of this impediment, limitation or disruption.
10.2.2. Customer Fault
Within the meaning of these General Terms and Conditions, any misuse of the Service, fault, negligence, omission or failure on the part of the Customer or its agents, failure to comply with the advice given by the Publisher on its Site, any disclosure or illicit use of the Customer's password, codes and references, as well as the provision of incorrect information or the failure to update such information in the Customer's personal space constitutes a fault of the Customer. The implementation of any technical process, such as robots or automatic requests, contravening the letter or spirit of these general terms and conditions of sale is also considered a fault of the Customer.
10.3. Technical problems - Hypertext links
In the event of inability to access the Site, for technical reasons of any nature, the Customer may not claim any damages and may not claim any compensation. The unavailability, even prolonged and without time limit, of one or more online services, cannot constitute a prejudice for the Customers and cannot give rise to damages on the part of the Publisher.
The hyperlinks on the Site may refer to other websites. The Publisher shall not be held liable if the content of these sites contravenes current legislation. Similarly, the Publisher shall not be held liable if the Internet user's visit to one of these sites causes harm.
In the current state of the art, the rendering of the representations of the Products offered for sale on this Site, particularly in terms of colors or shapes, may vary significantly from one computer workstation to another or differ from reality depending on the quality of the graphic accessories and the screen or depending on the display resolution. These variations and differences may in no case be attributed to the Publisher, who may in no case be held liable for this.
10.4. Damages payable by the Publisher
In the absence of legal or regulatory provisions to the contrary, the Publisher's liability is limited to the direct, personal and certain damage suffered by the Customer and linked to the failure in question. The Publisher may not under any circumstances be held liable for indirect damages such as loss of data, commercial losses, loss of orders, damage to brand image, commercial disruption and loss of profits or customers. Similarly, and within the same limits, the amount of damages payable by the Publisher may not in any event exceed the price of the Product ordered.
10.5. Hypertext links and contents of the Site
The Contents of the Site are published for information purposes only, without any guarantee of accuracy. The Publisher may not be held responsible for any omission, inaccuracy or any error contained in this information that would cause direct or indirect damage to the Internet user.
ARTICLE 11. INTELLECTUAL PROPERTY
11.1. Legal protection of the Site Contents
The Contents of the Site are protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out without the consent of the Publisher or its beneficiaries or assigns constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for counterfeiting.
11.2. Contractual protection of the Site Contents
The Internet user contractually undertakes not to use, reproduce or represent, in any way whatsoever, the Contents of the Site, whether or not they are protected by an intellectual property right, for purposes other than their consultation by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
ARTICLE 12. FINAL STIPULATIONS
12.1. Applicable law
These general conditions are subject to the application of French law.
12.2. Modifications to these general conditions
These general terms and conditions may be modified at any time by the Publisher. The general terms and conditions applicable to the Customer are those in force on the day of their order or connection to this Site, any new connection to the personal space implying acceptance, where applicable, of the new general terms and conditions.
12.3. Disputes
In accordance with order no. 2015-1033 of August 20, 2015, any dispute that may arise in the context of the execution of these general conditions and for which an amicable solution cannot be found must be submitted to the competent courts.
The Customer is informed of the existence of the online dispute resolution platform, accessible at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show .
Since January 1, 2016, mediation has been mandatory for everyone. Thus, any professional selling to individuals is required to provide the contact details of a competent mediator in the event of a dispute, whether for distance sales or in a physical store (Source: FEVAD).
12.4. Entirety
The invalidity of one of the clauses of this contract shall not entail the invalidity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In this case, the parties shall endeavour to replace the cancelled stipulation with a valid stipulation corresponding to the spirit and purpose of these terms.
12.5. Non-waiver
The Publisher's failure to exercise the rights granted to it herein may not under any circumstances be interpreted as a waiver of the right to assert said rights.
12.6. Telephone canvassing
The Customer is informed that he can register on the telephone canvassing opposition list at the following address: http://www.bloctel.gouv.fr .
12.7. Languages of these general conditions
These general conditions are offered in French.
12.8. Abusive clauses
The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair clauses in contracts concluded between a professional and a consumer.