9 DEFINITION OF THE PARTIES

Between the company A Beauty Zest,
registered in the Register of Commerce and Companies of Boulogne sur Mer and in the National Register of Enterprises,
under the number SIRET : 53906583900018 ,
represented by Jessica BECQUET
as Director (EI),
duly authorized for the purposes of this Agreement.
The Company can be reached by email by clicking on the contact form accessible via the home page of the site.
Following « Seller ».
First,
And the natural or legal person purchasing products or services of the enterprise,
Below: « l-Buyer », or « the Customer »
On the other hand,

PREAMBLE

The Seller is the publisher of digital training products and services marketed through its website (https://unzestedebeaute.fr). The list and description of the goods and services offered by the Seller can be found on the above-mentioned site and its sales pages.

ARTICLE 1 – PURPOSE

These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products and Services offered by the Seller.

Article 2 – GENERAL PROVISIONS

These General Conditions of Sale (GTC) apply to all sales of Products, or Services performed through the Company's website and are an integral part of the Purchaser-Seller Agreement. The Seller reserves the right to modify these at any time by publishing a new version on his website. The applicable GTCs then are those in effect on the date of payment (or first payment in case of multiple payments) of the order. These Terms and Conditions are available on the Company's website at https://unzestedebeaute.fr/cgv/. The Enterprise shall also ensure that their acceptance is clear and unreserved at the time of purchase. The Customer declares that he has read all of these General Terms and Conditions of Sale and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation. The Customer acknowledges that he has benefited from the necessary advice and information to ensure that the offer meets his needs. The Customer declares that he is able to legally contract under French laws or validly represent the natural or legal person for whom he commits himself. Unless otherwise proved, the information recorded by the Enterprise constitutes proof of all transactions.

Article 3 – PRICES

The prices of products sold through websites are shown in Euros duty-free and precisely determined on the Product Description pages. Prices are
Net in Euros, excluding VAT (CGI art. 293B) on the order page of the products, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated without taxes automatically on the invoice. Customs or other local taxes, import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer (declarations, payment to the competent authorities, etc.). In this regard, the Seller invites the buyer to consult the relevant local authorities. The Company reserves the possibility of changing its prices at any time for the future. The costs of telecommunications necessary to access the Company's websites are borne by the Customer. Where applicable, delivery costs. The prices of the services are shown in euros and are available on https://unzestedebeaute.fr/ . They may be modified at any time, but the applicable prices are those in force on the day of booking.

ARTICLE 4 – CONCLUSION OF THE CONTRACT ONLINE

The Customer will have to follow a series of steps specific to each Product or Service offered for sale by the Seller to be able to carry out his order. However, the steps described below are systematic: – Information on the essential characteristics of the Product; – Choice of the Product, if any, of its options and indication of the Customer's essential data (identification, address, etc.); – Acceptance of these General Conditions of Sale. – Checking the elements of the order and, if necessary, correcting errors. – Follow-up of instructions for payment, and payment of products. – Delivery of products. The Customer will then receive confirmation by email of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. He will receive a .pdf copy of these Terms and Conditions. For the products delivered, this delivery will be made at the address indicated by the Customer. In order to carry out the order properly, the Customer undertakes to provide its true 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. The customer certifies that he has received details of the delivery costs and the terms of payment, delivery and performance of the contract. The Seller undertakes to honour the Customer's order within the limits of available stocks only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are subject to a summary and confirmation upon validation of the order. The parties agree that illustrations or photographs of the products offered for sale shall not have contractual value. The period of validity of the supply of the Products and their prices shall be specified on the sales pages of the products, as well as the minimum duration of the contracts proposed when they relate to a continuous or periodic supply of goods or services. Unless otherwise specified, the rights granted under this Agreement shall only be granted to the natural person who signed the order (or the person holding the email address communicated). In accordance with the legal provisions concerning conformity and hidden defects, the Seller reimburses or exchanges defective products or does not correspond to the order. Refund can be requested by contacting the Seller by email or simple letter.

ARTICLE 6 – RESERVATIONS SERVICE BENEFIT

Reservations can be made by phone, email or via [https://connectilib.fr/profil-professional/un-zeste-de-beaute. Any reservation is firm and final once confirmed by A Beauty Zeste and the guest.

ARTICLE 7 – PROPERTY RESERVE CLAUSE

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

ARTICLE 8 – DELIVERY MODALITIES

The products are delivered to the delivery address which was indicated at the time of the order and the time specified. This period does not take into account the time taken to prepare the order. When the Customer orders several products at the same time they may have different delivery times sent in different ways. The Seller makes available a telephone contact point (cost of local communication from a fixed station) indicated in the order confirmation email to ensure the order is followed up. The Seller recalls that when the Customer physically hangs possession of the products, the risk of loss or damage of the products is transferred to him.

ARTICLE 9 – AVAILABILITY AND PRESENTATION

Orders will be processed within the limits of our available stocks or subject to stock available from our suppliers.

ARTICLE 10 – PAYMENT

Payment is due immediately upon order, including for pre-order products. The Customer can make the payment by bank payment card or Paypal. Secure online payment by credit card is made by our Stancer payment provider. The information transmitted is encrypted in the rules of art and cannot be read during transport on the network. Once the payment is made by the Customer, the transaction is debited immediately after checking the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his bank information at the time of sale, the Customer authorizes the Seller to debit his card the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to make use of it. In case of error, or impossibility of debiting the card, the Sale is immediately resolved automatically and the order cancelled.

ARTICLE 11 – RETRACTATION TIME

In accordance with article L. 121-20 of the Consumer Code, « the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, with the exception of any return fee ». « The time limit referred to in the preceding paragraph shall run from receipt for goods or acceptance of the offer for the provision of services ». The right of withdrawal may be exercised by contacting the Enterprise by filling in the withdrawal form (https://unzestedebeaute.fr/delivery-and-returns/). In the event of the exercise of the right of withdrawal within the above-mentioned period, only the price of the purchased product(s) and the shipping costs will be refunded, the return costs will remain at the Customer's expense. The returns of the products are to be made in their original and complete condition (package, accessories, package leaflet...) so that they can be re-commercialized in a new state; If possible, they must be accompanied by a copy of the proof of purchase.

ARTICLE 12 – GUARANTEE

In accordance with the law, the Seller assumes two guarantees: compliance and the hidden defects of the products. The Seller reimburses the buyer or exchanges products apparently defective or not corresponding to the order made. The refund application must be made by contacting the Seller by email or simple letter. The Seller recalls that the consumer: – has a period of 2 years from the date of issue of the good to act with the Seller – that he may choose between the replacement and the repair of the good subject to the conditions laid down in the above-mentioned provisions apparently defective or corresponding – that it is exempt from providing proof of the non-conformity of the good during the six months following the issue of the good. – that, except for used goods, this period will be extended to 24 months from 18 March 2016 – that the consumer may also claim the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between the resolution of the sale or a reduction of the sale price (articles 1644 of the Civil Code).

ARTICLE 13 – CLAIMS

Where applicable, the Buyer may submit any complaint by contacting the Company by email or simple letter.

ARTICLE 14 – 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 transfer of intellectual property rights is effected through these General Terms and Conditions. Any total or partial reproduction, modification or use of such property for any reason is strictly prohibited.

ARTICLE 15 – MAJOR FORCE

The performance of the seller's obligations at the end of these proceedings shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.

ARTICLE 16 – NULLITY AND AMENDMENT OF THE CONTRACT

If any of the provisions of this contract were annulled, such nullity would not result in the nullity of the other provisions which remain in force between the parties. Any contractual amendment shall be valid only after a written agreement has been signed by the parties.

ARTICLE 17 – GDPR AND PROTECTION OF PERSONAL DATA

In accordance with the European Regulation on the protection of personal data, you have the right to query, access, modify, oppose and rectify personal data concerning you. By adhering to these terms and conditions of sale, you consent to our collection and use of this data for the implementation of this contract.

ARTICLE 18 -MEDIATION OF CONSUMPTION

In accordance with articles L.616-1 and R.616-1 of the Consumer Code, the customer (consumer natural person) may, after failure of the amicable procedure, resort to mediation of consumption by addressing: CM2C – MEDIATION – CONSUMPTION. The customer can file a claim on the site: https://www.cm2c.net/ or by post writing to CM2C – MEDIATION – CONSUMPTION – 49 rue de Ponthieu 75008 Paris

ARTICLE 19 – APPLICABLE LAW

All the clauses contained in these terms and conditions of sale, as well as all the purchase and sale operations referred to therein, shall be subject to French law.