Terms of Sales
Gnilane Beauté is a web platform, accessible at the address www.gnilanebeauté.com (the "Site") operated by Univ'ab, a limited liability company with share capital of 10,000 euros having its registered office at 2, rue du Gramenier in Le Rove (13740), registered in the Aix-en-Provence trade and companies register under the identification number 880 336 524 whose intra-community VAT number is FR90880336524 (the "Seller").
On the Site, the Seller offers for sale various cosmetic products (the "Item(s)") that any user of the Site, satisfying the corresponding eligibility conditions, can buy online (the "Customer(s) )")).
These General Conditions of Sale apply, without restriction or reservation and to the exclusion of all other conditions, to all sales of Items concluded by the Seller with Customers. They are intended to govern their contractual relationship.
They specify in particular the conditions of ordering, payment, delivery and management of any returns of the Items ordered by the Customer.
The Customer acknowledges having the capacity required to contract and acquire the Items, declares to have read these General Conditions of Sale and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure.
Article 1 – The Articles
1.1. General provisions
The main characteristics of the Items, which the Customer is required to read before placing an order, are presented on the Site.
The photographs and graphics presented on the Site, in particular illustrating the Articles, are not contractual and cannot engage the responsibility of the Seller.
The offers of the Items are understood to be within the limits of the available stocks as specified when placing the order and are offered for sale for the following territories: Metropolitan France.
The Customer is informed that in the event of an order on the Site, even for Metropolitan France, customs duties may be applied by the authorities of the country from which the Items are exported by the Seller. The Customer will be responsible for paying these customs duties and will also be considered as the importer of these Articles.
1.2. Ownership of Articles
The Seller does not make any commitment on any beneficial effect related to the use of the Articles.
The Articles have no therapeutic purpose.
Consequently, in the event of any pathology or symptom, the Articles cannot replace any medical or paramedical treatment. The Customer will ensure, by his own means, if necessary, to consult any health professional in order to ensure his needs and the adequacy of the Articles with his needs.
The Customer must imperatively:
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ensure that you are not allergic to any ingredient in the Articles;
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refrain from any use of the Articles in the event of any reaction (irritation, etc.);
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go to the emergency room with the Article concerned in the event of any reaction.
Article 2 – Orders
The choice and purchase of an Item is the sole responsibility of the Customer, it is up to the latter to verify the accuracy of the order and immediately report any errors.
The sale will only be considered final after the Customer has been sent confirmation of acceptance of the order by the Seller by e-mail.
Article 3 – Price
The Items are sold at the prices in force appearing on the Site when the order is registered by the Seller. The prices are expressed in euros and include all taxes (excluding any taxes provided for in the last paragraph of article 1).
The prices take into account any reductions that may be granted by the Seller on the Site. They are firm and non-revisable during their period of validity as indicated on the Site, the Seller reserving the right, outside this period of validity, to modify the prices at any time at its discretion.
Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the Site and calculated prior to placing the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is sent electronically by the Seller and given to the Customer when placing the order for the Items.
It is expressly agreed that any credit note or voucher issued by the Seller has a maximum period of validity, unless otherwise stipulated in said credit note or voucher, of six (6) months from the date of its issue. If a credit note or voucher is not used within the said period, it is no longer valid.
Credit notes or vouchers cannot be combined or refunded.
Article 4 – Terms of payment
The price is payable by secure payment, according to the following terms:
By bank card: Carte Bleue (CB), Visa, MasterCard.
Payment data is exchanged in encrypted mode.
The Seller will not be required to deliver the Items ordered by the Customer if the latter does not pay the price in full under the conditions indicated above. Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due.
In addition, the Seller reserves the right, in the event of non-compliance with the aforementioned payment conditions, to suspend or cancel the delivery of orders made by the Customer. In the event of any payment difficulty, the Seller will also be entitled to take back or have the Items taken back from the Customer and at the latter's expense.
Article 5 – Deliveries
5.1. Place of delivery
The Items ordered by the Customer are delivered in the territories mentioned in the third paragraph of Article 1 to the address indicated by the Customer when ordering on the Site or to a collection point as specified on the Site.
Except in special cases or unavailability of one or more Articles, the Articles ordered are delivered in one go.
Deliveries are made by independent carriers, to the address mentioned by the Customer when ordering and to which the carrier can easily access. The Customer is informed that carriers do not guarantee delivery to the floor.
In any event, the carrier is required to deliver the order to a natural person designated by the Customer against signature: the carrier does not deposit parcels. In accordance with the provisions of Articles L. 216-1 and L. 216-4 of the Consumer Code, the delivery as well as the risk of loss or damage to the Articles are constituted by the transfer to the Customer or to a third party designated by him. physical possession or control of the Item.
5.2. Shipping cost
The order includes delivery costs calculated according to the weight of the package, the address mentioned by the Customer and the delivery method chosen by the Customer when ordering.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the Items ordered, duly accepted in writing by the Seller, the costs related to this request will be the subject of additional specific invoicing.
5.3. Delivery delay
The processing and delivery times specified on the Site and/or when placing the order are only indicative.
However, in the event that the Items ordered have not been delivered within 30 days of the indicative delivery date, for any reason other than force majeure or the act of the Customer, the sale may be canceled at the written request from the Customer under the conditions provided for in Articles L. 216-2, L. 216-3 and L 241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.
The Seller's liability is not engaged in the event of delay in delivery and this situation cannot give rise to the payment of damages to the Customer.
5.4. Reservations
Depending on the delivery method selected by the Customer, the delivery will be presented by a carrier giving him a delivery note for signature (art. 5.4.1) or only deposited without delivery against signature of a delivery note (art. 5.4. 2).
5.4.1. Delivery with delivery note
In the event of damage or spoliation noted on the Items during delivery, the Customer must:
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enter written, precise and quantified, dated and signed reservations on the delivery note. Said slip must imperatively be given to the carrier and the Customer must keep a copy; And
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notify the said reservations by sending the Seller, within 24 hours by registered mail with acknowledgment of receipt, a copy of the said slip.
In the absence of these two cumulative formalities, the Items are deemed to have been delivered in good condition and no complaint can be made by the Customer.
5.4.2. Delivery without delivery note
In the event of damage or spoliation noted on the Items during delivery, the Customer must imperatively notify the reservations noted to the Seller, within 24 hours, by registered mail with acknowledgment of receipt, attaching all the supporting documents relating to the observed reserves.
If these formalities are not carried out, the Items are deemed to have been delivered in good condition and no complaint can be made by the Customer.
5.4.3. Common provisions
It is expressly agreed that, where applicable, the digitized signature affixed by the Customer or by any person designated by the latter on a tracking computer terminal (PDA) presented by the carrier upon delivery of the order shall prevail and may validly be opposed to it in the context of any procedure, for the purposes of evidence.
When the Customer has himself taken charge of using a carrier that he chooses himself, the delivery is deemed to have been made as soon as the Articles ordered by the Seller are handed over to the carrier in accordance with the provisions of Articles L. 216-1 and L. 216-4 of the consumer code. The Customer then acknowledges that it is up to the carrier to make the delivery and has no warranty claim against the Seller in the event of non-delivery of the Items transported.
Article 6 – Right of withdrawal
6.1. Principle
In accordance with the legal provisions in force, the Customer has a period of 14 days from receipt of the Article to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, at the end exchange or refund, provided that the Items are returned in their original packaging and in perfect condition within 14 days of notification to the Seller of the decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete items are not taken back.
The process and the withdrawal form are available at the end of the general conditions of sale.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the returned Item(s) and the related delivery costs are reimbursed; the return costs remain the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Items returned by the Customer under the conditions provided for in this article.
6.2. Exceptions
As an exception to the principle set out in Article 6.1 above, pursuant to Article L. 221-28 of the Consumer Code, the Customer does not have the right of withdrawal for contracts:
“1° For the supply of services fully performed before the end of the withdrawal period and the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal;
2° Supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3° Supply of goods made to the consumer's specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire rapidly;
5° For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
11° Concluded during a public auction;
12° Provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a given date or for a specific period;
13° Supply of digital content not provided on a material medium, the execution of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal. »
Article 7 – Guarantee - Liability of the Seller
The Items sold by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions of:
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the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-14 of the Consumer Code; And
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the legal guarantee due to hidden defects mentioned in articles 1641 to 1648 of the Civil Code which render improper or so diminish the use of the Item sold that the Customer would not have acquired it or would have given only one lower price if he had known them.
The responsibility of the Seller cannot be engaged in the following cases:
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non-compliance with the legislation of the country in which the Items are delivered; And
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in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Article, accident or force majeure.
In the event of a lack of conformity, the Customer chooses between the repair and the replacement of the Article (except as provided for in Article L. 217-10 of the Consumer Code). However, the Seller may not proceed according to the Customer's choice if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the Item or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the Client.
In the event of a hidden defect, the Customer has the choice of returning the Item and having the price refunded, or keeping the Item and having part of the price refunded, as determined by experts.
Article 8 – Computing and Freedoms
Pursuant to Law No. 78-17 of January 6, 1978, it is recalled that the personal data requested from the Customer is necessary for the processing of his order and the establishment of invoices, in particular.
The conditions for the processing of personal data by the Seller are specified in the General Conditions of Use of the Site accessiblehere.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access to modify, rectify and oppose information concerning him.
The Customer may exercise his rights by writing to the following email address:contact@gnilanebeaute.com or at the following postal address: Univ’lab – 3 avenue Paul Chêne local 3, (13180) Gignac-la-Nerthe.
A response to the Customer's request will be sent to him within 30 days.
Article 9 – Intellectual Property
The content of the Site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
Article 10 – Applicable law – Language
These General Terms and Conditions of Sale and the resulting operations are governed by and subject to French law.
In the event that these conditions are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 11 – Disputes
In the event that a dispute relating to the validity, execution or interpretation of this Contract is brought before the civil courts, it will be subject to the exclusive jurisdiction of the French courts, to which jurisdiction is expressly attributed.
The Customer is informed that he may in any case resort to conventional mediation or any alternative method of dispute resolution (conciliation for example) in the event of a dispute.
In accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, it is specified that the Customer may consult the following page for more information on his steps in the event of a dispute. .Online Dispute Resolution | European Commission (europa.eu)
In addition, the Customer may contact the Seller, free of charge, at the following email address:contact@gnilanebeaute.com or by telephone (price of a local call): 04 13 43 86 07.
https://www.economie.gouv.fr/mediation-conso/vous-etes-professionnel
https://www.economie.gouv.fr/mediation-conso
Article 12 – Pre-contractual information - Client acceptance
The Customer acknowledges having had communication, prior to placing his order, in a readable and understandable manner, of these General Conditions of Sale and of all the information and information referred to in Articles L. 111-1 to L. 111-8 of the Consumer Code, and in particular:
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the essential characteristics of the Items ordered, taking into account the communication medium used and the Items concerned;
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the price of the Items and ancillary costs (delivery, for example);
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in the absence of immediate execution of the contract, the date or the deadline on which the Seller undertakes to deliver the Items ordered;
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information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if they are not apparent from the context;
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information relating to legal and contractual guarantees and their implementation methods;
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the possibility of resorting to conventional mediation in the event of a dispute;
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information relating to the right of withdrawal (existence, conditions, deadline, methods of exercising this right and standard form of withdrawal), the costs of returning the Items, the methods of termination and other important contractual conditions.
The fact of ordering on the Site implies full and complete acceptance and acceptance of these General Conditions of Sale, which is expressly recognized by the Customer, who waives, in particular, to avail himself of any contradictory document, which would be unenforceable against the Seller.
Information about the right of withdrawal
Right to retract
You have the right to withdraw from this contract without giving any reason within fourteen days unless the legal exceptions provided for in Article 221-28 of the Consumer Code apply.
The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (eg letter sent by post, fax or e-mail). You can use the model withdrawal form but it is not mandatory.
For the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Retraction effects
In the event of your withdrawal from this contract, we will refund all payments received from you, including delivery costs (except for additional costs arising from the fact that you have chosen, where applicable, a method of delivery other than the less expensive method of standard delivery offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same means of payment as you used for the initial transaction, unless you expressly agree to a different means; in any case, this refund will not incur any costs for you.
We may withhold reimbursement until we have received the goods or until you have provided proof of shipment of the goods, whichever date is first.
You must return or return the goods, without undue delay and, in any event, no later than fourteen days after you have communicated your decision to withdraw from this contract to us. This period is deemed to have been complied with if you return the goods before the expiry of the period of fourteen days.
You will have to bear the direct costs of returning the goods.
Your liability is only engaged with regard to the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this property.
Withdrawal form
Please complete and return this form only if you wish to withdraw from the contract.
For the attention of Univ’Lab – 3 Avenue Paul Chêne local 3 (13180) Gignac-la-Nerthe.
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the property below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of the consumer(s):
Signature of consumer(s)
Date :
(*) Strike out the useless mention.