Terms and Conditions of Sale

PREAMBLE

The Seller is a publisher of Products and Services for the sale of cosmetics to consumers, marketed through its websites (awaevebeauty.com). The list and description of goods and services offered by the Company can be consulted on the aforementioned websites.

Article 1: Purpose

These General Terms and Conditions of Sale define the rights and obligations of the parties within the framework of the online sale of Products or Services offered by the Seller.
 

Article 2: General Provisions

These General Terms and Conditions of Sale (GTC) govern the sales of Products or Services, carried out through the Company's websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who accepted them before placing an order. The Seller reserves the right to modify these GTC at any time by publishing a new version on its website. The GTC applicable are then those in force on the date of payment (or the first payment in the case of multiple payments) of the order. These GTC can be consulted on the Company's website at the following address: awaevebeauty.com.
The Company also ensures that their acceptance is clear and unreserved by implementing a checkbox and a validation click. The Customer declares to have read all of these General Terms and Conditions of Sale, and if applicable, the Special Terms and Conditions of Sale related to a product or service, and to accept them without restriction or reservation.
The Customer acknowledges that they have received the necessary advice and information to ensure the adequacy of the offer to their needs.
The Customer declares to be legally capable of contracting under French law or to validly represent the natural or legal person for whom they are committing.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3: Price

The prices of products sold through the websites are indicated in Euros excluding taxes and are precisely determined on the product description pages. They are also indicated in euros including all taxes (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated without taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not within the Seller's responsibility. They will be borne by the buyer and are their responsibility (declarations, payment to competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary for accessing the Company's websites are borne by the Customer. If applicable, delivery costs are also borne by the Customer.

Article 4: Online Contract Conclusion

In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to place their order:; Information on the essential characteristics of the Product; – Choice of Product, if applicable, its options – Indication of the Customer's essential contact details (identification, email, address, etc.); – Acceptance of these General Terms and Conditions of Sale – Verification of the order elements (double-click formality) and, if applicable, correction of errors. Before confirming, the Buyer has the possibility to check the details of their order, its price, and to correct any errors, or cancel their order. The order confirmation will constitute the formation of this contract. – Then, follow the instructions for payment, payment for the products, then delivery of the order. The Customer will receive confirmation by email of the order payment, as well as an acknowledgment of receipt of the order confirming it. They will receive a .pdf copy of these general terms and conditions of sale.
During the order process, the customer will have the possibility to identify and correct any errors made in data entry. The language proposed for the conclusion of the contract is French.
The terms of the offer and the general terms and conditions of sale are sent by email to the buyer when ordering and archived on the Seller's website. If applicable, the professional and commercial rules to which the author of the offer intends to submit are available in the "ancillary rules" section of these GTC, consultable on the Seller's website at the following address: awaevebeauty.com
The archiving of communications, the order, the order details, as well as invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the civil code. This information can be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. For the proper execution of the order, the Customer undertakes to provide accurate identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

Article 5: Products and services

The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites, as well as, where applicable, the product's method of use. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or by any other appropriate process, of the prices and particular conditions of sale and execution of services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, this does not include shipping costs charged additionally. These possible costs are indicated to the Buyer during the sales process, and in any case at the time of order confirmation. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information is given on the product presentation page regarding the delivery dates of the products or services. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the seller's identity, their postal, telephone and electronic contact details, and their activities in the context of this sale. The Seller undertakes to fulfill the Customer's order within the limit of available Product stocks only. Failing this, the Seller informs the Customer; if the order has been placed, and failing agreement with the Customer on a new delivery date, the Seller refunds the customer. The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period of the Product offer as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless special conditions, the rights granted hereunder are only to the natural person signing the order (or the person holding the email address provided).

Article 6: Conformity

In accordance with Article L.411-1 of the Consumer Code, the products and services offered for sale through these GTC comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection. Regardless of any commercial guarantee, the Seller remains liable for defects in conformity and hidden defects of the product.
In accordance with Article L.217-4, the seller delivers goods that comply with the contract and is liable for any conformity defects existing at the time of delivery. They are also liable for conformity defects resulting from the packaging, assembly instructions or installation when the latter was carried out by them under the contract or under their responsibility.
In accordance with the legal provisions regarding conformity and hidden defects (art. 1641 c. civ.), the Seller refunds or exchanges defective products or products that do not match the order. A refund can be requested as follows: by filing a complaint at sakhoeveawa@gmail.com

Article 7: Retention of title clause

The products remain the property of the Company until full payment of the price.

Article 8: Delivery Methods

Products are delivered to the delivery address indicated when ordering and within the specified timeframes. These timeframes do not include order preparation time. If the Customer orders several products at the same time, these may have different delivery times and be shipped according to the following methods: delivery via one or more packages. In case of shipping delay, file a complaint at sakhoeveawa@gmail.com. In case of delivery delay, the Customer has the option to terminate the contract under the conditions and modalities defined in Article L 138-2 of the Consumer Code. The Seller will then proceed to refund the product and "outbound" shipping costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email to ensure order tracking. The Seller reminds that at the moment the Customer physically takes possession of the products, the risks of loss or damage to the products are transferred to them. It is the Customer's responsibility to notify the carrier of any reservations about the delivered product.

Article 9: Availability and presentation

In the event of unavailability of an item for a period exceeding 30 working days, you will be immediately informed of the foreseeable delivery times and the order for this item may be canceled upon simple request. The Customer may then request a credit for the amount of the item or its full refund and the cancellation of the order.

Article 10: Payment

Payment is due immediately upon order, including for pre-ordered products. The Customer can pay by credit card or bank check. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment service provider. The transmitted information is encrypted using state-of-the-art methods and cannot be read during transport over the network. Once payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing their banking information during the sale, the Customer authorizes the Seller to debit their card for the amount corresponding to the indicated price. The Customer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In case of error, or impossibility to debit the card, the Sale is immediately terminated by right and the order canceled.

Article 11: Withdrawal
The Consumer has a right of withdrawal of 14 days from the placement of the Order, except for products mentioned in article L221-28 of the Consumer Code as reproduced below.

Are not subject to the right of withdrawal:

• products which, by their nature, cannot be re-shipped or deteriorate quickly.
• sealed products that the buyer has opened.
• sealed products whose consumption the buyer has begun.

Article 11.1: Cancellations and returns
Before validating your order, please be sure of your choice as no cancellation requests will be accepted. 

Orders are firm and non-refundable.

Due to the nature of our products and for hygiene and safety reasons, returns are not accepted.

Article 11.2: Complaints and mediation

 If applicable, the Buyer may submit any complaint by contacting the company using the following contact details: complaint submission at cs@awaevebeauty.com.

In accordance with the provisions of Articles L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that they may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code. In the event of failure of the complaint to the Vendor's customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will, independently, attempt to bring the parties together to reach an amicable solution.

Article 12: Contract termination

The order may be terminated by the buyer by registered letter with acknowledgment of receipt in the following cases: — delivery of a product not conforming to the characteristics of the order; — delivery exceeding the deadline set at the time of the order or, in the absence of a date, within thirty days following payment; — unjustified price increase or product modification. In these cases, the buyer may demand reimbursement of the deposit paid, plus interest calculated at the legal rate from the date of collection of the deposit.

Article 13: Intellectual Property Rights

Trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is made through these GTCs. Any total or partial reproduction, modification, or use of these assets for any reason whatsoever is strictly prohibited.

Article 14: Force Majeure

The performance of the seller's obligations under these terms is suspended in the event of an unforeseen event or force majeure that would prevent their performance. The seller will notify the client of the occurrence of such an event as soon as possible.

Article 14: Invalidity and modification of the contract

If one of the stipulations of this contract were to be canceled, such cancellation would not entail the cancellation of the other stipulations, which would remain in force between the parties. Any contractual modification is only valid after a written and signed agreement between the parties. Article 18: Protection of personal data In accordance with Regulation 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, the Seller implements personal data processing whose purpose is the sale and delivery of products and services defined in this contract. The Buyer is informed of the following: – the identity and contact details of the data controller and, where applicable, of the data controller's representative: the Seller, as indicated at the top of these GTC; – the contact details of the data protection officer: ....... – the legal basis for the processing: contractual performance – the recipients or categories of recipients of personal data, if any: the data controller, its marketing services, IT security services, sales, delivery, and order services, subcontractors involved in delivery and sales operations, as well as any authority legally authorized to access the personal data in question – no transfer outside the EU is foreseen – the data retention period: the commercial statute of limitations – the data subject has the right to request from the data controller access to personal data, rectification or erasure thereof, or restriction of processing concerning the data subject, or the right to object to processing and the right to data portability – The data subject has the right to lodge a complaint with a supervisory authority – the information requested during the order is necessary for invoicing (legal obligation) and delivery of ordered goods, without which the order cannot be placed. No automated decision-making or profiling is implemented through the ordering process.

Article 15: Applicable law and clauses

All clauses appearing in these general terms and conditions of sale, as well as all purchase and sale operations referred to therein, shall be governed by French law. The nullity of a contractual clause does not entail the nullity of these general terms and conditions of sale.

Article 16: Consumer information

For consumer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below: Article 1641 of the Civil Code: The seller is bound by the warranty against hidden defects of the sold item that render it unfit for its intended use, or that diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lesser price for it, had they known about them. Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the acquirer within two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, under penalty of forfeiture, within one year following the date on which the seller can be discharged from apparent defects or non-conformities.
Article L. 217-4 of the Consumer Code: The seller delivers goods that conform to the contract and is liable for any conformity defects existing at the time of delivery. They are also liable for conformity defects resulting from the packaging, assembly instructions, or installation when the latter was carried out by them under the contract or under their responsibility.
Article L. 217-5 of the Consumer Code: The goods conform to the contract if: 1° They are fit for the use ordinarily expected of similar goods and, where applicable: – they match the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; – they possess the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer, or by their representative, particularly in advertising or labeling; 2° Or if they present the characteristics defined by mutual agreement by the parties or are fit for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L. 217-12 of the Consumer Code: The action resulting from non-conformity is time-barred after two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code: When the buyer requests the seller, during the commercial warranty period granted to them upon the acquisition or repair of movable goods, a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the availability of the goods in question for repair, if this availability is later than the request for intervention.