Terms of service
TERMS AND CONDITIONS
General Conditions of Sale MNC
These General Terms and Conditions of Sale ("GTC") apply, without restriction or reservation, to all sales of cosmetic products ("Products") concluded by MYSCA Natural Cosmetics, a micro-enterprise, whose head office is social is at 15 rue du Gers 31400 Toulouse and registered under number 82236472500017 (“MYSCA Natural cosmetics”) with consumers and non-professional buyers (“Client (s)”) on the website www.myscanaturalcosmetics. com ("Site"), accessible anywhere in the world.
The GTC specify in particular the conditions for ordering, payment, delivery and management of any returns of Products ordered by Customers.
The GTCs apply to the exclusion of all other conditions, and in particular those applicable for other distribution and marketing channels.
These GTC are accessible at any time on the Site and will prevail, where applicable, over any other version or any other contradictory document.
The Customer declares to have read these T & Cs and all the information listed in Article L. 221-5 of the Consumer Code, and to have accepted said information as well as the T & Cs, by checking the box provided for this purpose before setting implementing the online order validation procedure.
These T & Cs may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the Site on the date the order is placed.
Unless proven otherwise, the data recorded in the MYSCA Natural Cosmetics computer system constitute proof of all transactions concluded with the Customer.
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the Site.
Article 1. The products
In accordance with Article L. 111-1 of the Consumer Code, the Customer may, prior to any order, find out on the Site of the essential characteristics of the Product (s) he wishes to order by clicking on the link corresponding to the Product.
Product offers are understood within the limits of available stocks, as specified when placing the order, and are valid, in the absence of a specific duration indication, as long as that the Products appear on the Site.
MYSCA Natural Cosmetics reserves the right to modify the list and ranges of Products at any time.
MYSCA Natural Cosmetics strives to present and describe its Products in the most precise and accurate manner possible. However, the elements, such as in particular photographs, graphics or illustrations accompanying the Products are given only as an indication and are not contractual, and can not therefore engage the responsibility of MYSCA Natural Cosmetics.
Article 2. The prices
In accordance with Article L. 112-1 of the Consumer Code, the selling prices of the Products are indicated, for each Product, on the Site in euros and all taxes included. The prices applicable to the sale of Products on the Site are those in force on the day the Customer's order is placed.
They do not include shipping costs, invoiced in addition to the price of the Products purchased and of which the amount is indicated to the Customer before the validation of the order.
The total amount due by the Customer, all costs included, is indicated on the page preceding the validation of the order.
Article 3. The order
3.1 CREATION OF A CUSTOMER ACCOUNT
To order, the Customer can create an account which will allow him to access in particular the history of his Orders (and his invoices) or he can place an order without creating an account.
When registering, the Customer chooses a username and password. The Customer is advised to associate their username with a valid email address.
It is up to the Customer to keep his information strictly confidential and not to communicate it to third parties, in order to avoid as much as possible any risk of intrusion of his Customer account and the placing of Orders without his knowledge by persons not allowed. MYSCA Natural Cosmetics cannot be held responsible for any use of the Customer's account by a third party who would have had access to their username and password in any way. When registering, certain mandatory data will be requested from the Customer and in particular his name, first name, telephone number and e-mail address.
In the event of the Customer losing or forgetting his password, the Customer will have the ability to reset your password.
3.2 Placing Orders
Go to the Site www.myscanaturalcosmetics.com then:
- create your account, or connect to your account with your username and password,
- place your Order by selecting the Products,
- check the summary of his Order in the basket,
- make the necessary corrections,
- read and accept the GTC,
- validate his Order,
- check and / or modify your billing and delivery details,
- pay for the Order according to the chosen method.
MYSCA Natural Cosmetics sends the Customer a confirmation of the recorded Order on the Site (order form), then a confirmation of the processing of the Order, accompanied by the invoice (after receipt of payment) by e-mail with an Order number, as well as an e-mail confirming the shipment of the Order.
As soon as the Customer places an order with his email address, he is directly subscribed to the newsletter to which he can unsubscribe at any time.
3.3 Customer's basket
Each Product that the Customer wishes to select with a view to his potential purchase must be added to his dematerialized “basket”, on the Site, by clicking on the “/ add to basket” button. A summary of the Products selected by the Customer is displayed by clicking on "", the pictogram representing a shopping cart, at the top right of the Site. The Customer can thus check, modify and validate his order by clicking on the “Place order” buttons.
From the moment the Customer validates his order by clicking on the corresponding button, he accepts without restriction or reservation these GTC as well as the prices, volumes, characteristics, quantities and delivery times of the Products he has ordered. .
MYSCA Natural Cosmetics reserves the right to refuse any order from the Customer for legitimate reasons and, more particularly, if the Product ordered is no longer available for sale or if the quantities of Products ordered are abnormally high for buyers. having the quality of consumers. In this case, MYSCA Natural Cosmetics will immediately reimburse the sums paid by the Customer.
The sale will be final at the time of acceptance of the Customer's order by MYSCA Natural Cosmetics, without prejudice to the exercise by the Customer of his right of withdrawal (the terms of which are described below in article 6 of the GTC).
3.4 Acknowledgment of receipt of the order
After validation of his order on the Site, the Customer must enter and verify the billing and delivery address, the delivery method and the chosen payment method.
As soon as the payment made by the Customer is validated and MYSCA Natural Cosmetics has accepted the Customer's order, an order confirmation is sent to the Customer (“Order Confirmation”) to the email address he indicated when confirming the order. The Order Confirmation recalls the list of Products purchased by the Customer, the exact amount invoiced to the Customer for the purchase of the Products and the terms of delivery of the order.
Article 4. Payment terms
The price of the Customer's order is payable in full upon validation of the order by the Customer on the Site.
Several payment methods are available on the Site:
• By Credit Card ( Bleue, Visa, Eurocard / Mastercard) in a secure manner.
• By Pay Pal.
No confidential banking data is stored by MYSCA Natural Cosmetics.
MYSCA Natural Cosmetics reserves the right to suspend and / or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
Article 5. Delivery
5.1 DELIVERY METHOD
The products are delivered to the address indicated by the consumer on the order form and only to the geographic areas we serve.
All products leave our premises in perfect condition. The customer must notify the carrier (or the postman) of the slightest trace of shock (holes, traces of crushing, etc.) on the package, and if necessary to refuse the package. A new identical product will then be returned to you free of charge.
The exchange of any product declared, a posteriori, damaged during transport, without any reservation having been made upon receipt of the package, cannot be taken into account.
As with any expedition, it is possible to experience a delay or for the product to go astray. In such a case, we contract the carrier to start an investigation. All efforts are made, as long as necessary, to find this package. If applicable, the merchant will be reimbursed by the carrier and deliver a new identical package at his expense.
We decline any responsibility for the extension of delivery times due to the carrier, in particular in the event of loss of products, bad weather or strike.
5.2 Delivery times
Product deliveries are possible exclusively in mainland France, Guadeloupe, Martinique and Guyana to the delivery address indicated by the Customer during the order validation process.
If the Order Confirmation indicates a particular delivery time, it is the latter which will bind MYSCA Natural Cosmetics.
In the absence of indication, for information purposes, and without MYSCA Natural Cosmetics being bound by this time, the average time Delivery of the Products is estimated at three (3) to seven (7) working days from the day after the Order Confirmation.
For deliveries of Products to the West Indies and Guyana, it takes seven (7) ) additional working days compared to the indicative deadlines announced above.
In any case, the maximum delivery time of the Products to the Customer is thirty (30) days from the Confirmation of Order. p>
5.3 Delivery delay
If the delivery time is exceeded by more than seven (7) days compared to the time indicated in the Order Confirmation or in the event of the maximum time limit of thirty (30) days indicated in these GTC being exceeded, and except in the event of force majeure, the Customer instructs MYSCA Natural Cosmetics, by registered letter with acknowledgment of receipt, to proceed with the delivery as soon as possible. In the event of failure to deliver following this injunction for any reason other than force majeure, the Customer may request the resolution of the sale by registered letter with acknowledgment of receipt and will receive from MYSCA Natural Cosmetics at the latest within a period of fourteen (14) days the return of its payment, to the exclusion of any other compensation. If the delivery takes place before the receipt of this letter by MYSCA Natural Cosmetics, the sale will remain in force between the parties.
5.4 Delivery Problem Due To The Carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of a '' handwritten reserve '', accompanied by the signature of the client.
The consumer must at the same time confirm this anomaly by sending the carrier within two working days of the delivery date a registered letter with acknowledgment of receipt setting out the said complaints.
The consumer must send a copy of this letter to the SELLER'S ADDRESS. Without this observation, we do not proceed to any exchange.
5.5 Delivery Errors
The consumer must formulate to the SELLER, on the same day of delivery or at the latest on the first working day following delivery, any claim of delivery error and / or non-conformity of the products in kind or in quality. compared to the indications on the order form.
Beyond this deadline, any complaint will be rejected. The formulation of this complaint with the SELLER may be made to the SELLER'S ADDRESS.
Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release THE SELLER from any responsibility towards the consumer.
In the event of a delivery or exchange error, any product to be exchanged must be returned to the SELLER as a whole and in its original packaging in impeccable condition to the SELLER'S ADDRESS.
To be accepted, any return must be reported and have the prior consent of the SELLER, who in case of agreement will reship the package to the correct address.
The shipping costs are the responsibility of the SELLER, except in the case where it turns out that the product does not correspond to the original declaration made by the consumer in the right direction of return. p >
5.6 Unavailability of Products
In the event of unavailability of a Product, noted after the Order Confirmation, MYSCA Natural Cosmetics immediately informs the Customer and offers him an extension of the initial delivery time or a Product of a quality and a price equivalent. If the Customer refuses, MYSCA Natural Cosmetics will immediately cancel the order and reimburse the sums paid by the Customer.
5.7 Transfer of risk
It is when the Customer or a third party designated by him, and other than the carrier offered by MYSCA Natural Cosmetics, takes physical possession of the Products that any risk of loss or damage to the Products is transferred to the Customer.
Article 6. Withdrawal, refunds and returns
6.1 Right of withdrawal
From receipt of the last of the Products that are the subject of his order, the Customer has a withdrawal period of fourteen (14) calendar days to exercise his right of withdrawal by returning the form, a model of which is at the end. of GTC, or by informing MYSCA Natural Cosmetics by any other means written to email@example.com. The Customer must return the Products to MYSCA Natural Cosmetics no later than fourteen (14) calendar days following communication to MYSCA Natural Cosmetics of its decision to withdraw. The Customer is advised, in order to quickly process their refund request, to include the return slip on the back of the delivery slip, duly completed, in the return package. MYSCA Natural Cosmetics undertakes to reimburse the Customer upon receipt of the returned Products, or as soon as the Customer provides MYSCA Natural Cosmetics with proof of shipment of the Products, the date chosen for the reimbursement being that of the first of these facts. / p>
The costs of returning the Product and the risks inherent in the return transport are the responsibility of the Customer.
As part of the exercise of the right of withdrawal:
• any damaged, incomplete Product , or whose original packaging is damaged or missing, will not be refunded or exchanged.
For Cosmetic Products that have been unsealed, given that, for reasons of hygiene and health protection, the right of withdrawal does not apply to these Products, MYSCA Natural Cosmetics will not proceed under any circumstances. reimbursement of the sums paid by the Customer (including the return transport costs of the Products, which will remain the responsibility of the Customer).
6.2 Legal guarantees
All the Products supplied by MYSCA Natural Cosmetics benefit from the legal guarantee of conformity provided for in articles L. 217-4 to L. 217-14 of the Consumer Code and the legal guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code. Under these guarantees, MYSCA Natural Cosmetics undertakes, at the Customer's choice, to reimburse or exchange the defective Products or products that do not correspond to their order, at no cost to the Customer.
If the (s) ) Product (s) delivered does / do not comply with the order, the Customer must send, within a reasonable time after receipt, a complaint to MYSCA Natural Cosmetics with a view to obtaining reimbursement or the replacement of the Product (s).
It is recalled that the legal guarantees attached to the products sold on our site are provided for in the following articles:
Article L217-4 code of consumption < / strong>
"The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or installation when it has been charged to it by the contract or has been carried out under its responsibility. "
Article L217-5 of the Consumer Code
" The good complies with the contract:
1 ° If it is fit for the use usually expected of '' a similar good and, where applicable:
• if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model; < br /> • if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. "
Article L217-12 of the Consumer Code
" The action resulting from the lack of conformity lapses two years after delivery of the goods. "
Article 1641 civil code
" The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them. "
Article 1648 al 1st civil code
" The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect . "
6.3 Return of non-conforming Products
If the Customer returns Products showing a lack of conformity, the Customer must comply with the terms described in this article.
The Customer is advised to facilitate and accelerate the processing of his refund request , complete the return slip which appears on the back of the delivery slip for the Products, and include it in the returned package.
The Products must be returned to the address appearing on the return slip, on the back of the delivery slip, in their original packaging in the state existing at the time of delivery of said Products, unused and accompanied by all accessories (including gifts).
Article 7: Liability
MYSCA Natural Cosmetics is committed to the proper performance of the obligations resulting from the contract.
However, MYSCA Natural Cosmetics cannot be held liable in the event of non-performance or improper performance of the sale due either to the Customer, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.
In addition, MYSCA Natural Cosmetics does not guarantee that the Site will function without errors, anomalies or interruptions. MYSCA Natural Cosmetics can also not be held responsible for malfunctions attributable to third parties, the user of the Site or a case of force majeure, or technical failures inherent in the operation of telecommunications or the Internet.
MYSCA Natural Cosmetics may suspend access, without notice, to the Site, for reasons of maintenance and updating or for reasons of security.
Article 8. Intellectual property rights
The presentation and content of the Site, including without being limiting, the brands, names, images, logos, texts, videos, and domain names and products of MYSCA Natural Cosmetics and its partners, as well as the software and programs used to edit the Site (the "Elements") together or separately constitute distinctive signs or works protected by the laws in force on intellectual property.
MYSCA Natural Cosmetics is the owner or benefits from the intellectual property rights necessary for their use of the Site and each of its Elements.
Access to the Site does not confer on the Customer or the Internet user any right over intellectual property rights relating to the Site and the Elements.
Any total or partial reproduction of the Elements is prohibited, as well as the representation, modification, transmission, publication, adaptation, on any medium whatsoever, by any means whatsoever, or the exploitation in any way whatsoever of all or part of the Site without the prior written permission of MYSCA Natural Cosmetics.
Hypertext links to other websites may be accessible on the Site to facilitate the browsing of the Internet user. MYSCA Natural Cosmetics, however, has no legal or contractual obligation to verify the content over which it has no control. The data collected on these sites is not communicated to MYSCA Natural Cosmetics, which is not responsible for their processing. MYSCA Natural Cosmetics cannot be held responsible for the services offered or the information offered by these sites. MYSCA Natural Cosmetics therefore declines any responsibility relating to the content of any sites linked to its Site.
The insertion of hypertext links to any part of the Site is authorized by MYSCA Natural Cosmetics, it being understood that MYSCA Natural Cosmetics reserves the right to withdraw this authorization at any time, for any reason whatsoever.
On the other hand, practices such as scrapping, reproduction of any element of the Site, framing techniques to insert a registered trademark, a logo or any other information mentioned on the MYSCA Natural Cosmetics Site (including images, texts, layout or form) are prohibited without prior permission from MYSCA Natural Cosmetics.
The use not previously authorized by MYSCA Natural Cosmetics for any reason whatsoever, of all or part of the Site may be the subject of any appropriate action, in particular an action for infringement.
Article 9. Data processing and Freedoms - Personal data
CNIL declaration number: 1831350 v 0
The personal data of the Customer collected and stored by MYSCA Natural Cosmetics as part of any order are intended for the execution of orders for Products by MYSCA Natural Cosmetics, the management information requests from the Customer and sending information emails about the Products to the Customer. MYSCA Natural Cosmetics is therefore responsible for processing Customer data and is the sole recipient.
Customer data is kept for a period of three years from the date of his last order, or in the absence order, from the date of creation of his customer account. This data is then archived for the legal limitation period.
In accordance with the Data Protection Act n ° 78/17 of January 6, 1978, the Customer can exercise his right of access to data concerning him and have them rectified by contacting MYSCA Natural Cosmetics at the following address MYSCA Natural Cosmetics , 15 rue du Gers, 31400 Toulouse France or at firstname.lastname@example.org . The Customer may also, for legitimate reasons, oppose the processing of information concerning him.
Article 10. Cookies
A cookie or tracker is a file that can be saved on a visitor's computer terminal when visiting a website (a "Cookie"). This Cookie allows its issuer to recognize the terminal and collect navigation data during the Cookie's validity period.
The Cookies issued by MYSCA Natural Cosmetics on the Site allow (i) to record information relating to the Customer's navigation on the Site (ii) to navigate on the Site and to use the latter's functionalities such as the one to place an order (ii) to memorize the information relating to the registration form filled in by the Customer or to subscribed products in order in particular to avoid re-filling in previously requested elements (shopping cart, etc.) ( iii) to facilitate the Customer's reconnection to the Site (iv) to adapt the presentation of the Site to the Customer's terminal (v) to establish statistics and traffic volumes and to measure and analyze the way in which Customers use the Site in order to improve the ergonomics of the Site and the shopping experience.
Cookies can be systematically refused or be accepted in particular according to their purpose or their source by directly setting the browser in the computer's configuration system. The configuration of the management of Cookies is different according to each browser and the Customer can find it in the “Help” menu of his browser.
Article 11. Applicable law and disputes
The GTC and any contract concluded in application of them are subject to French law.
In the event of dispute or dissatisfaction, the Customer can contact MYSCA Natural Cosmetics Customer Service at the address next:
MYSCA Natural Cosmetics
15 rue du Gers, 31400 TOULOUSE
The Client may also have recourse to conventional mediation, in particular to the Consumer Mediation Commission or to existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of of dispute.
The parties may also submit any dispute relating to the GTC and any contract concluded pursuant to them to a dispute settlement procedure, as provided for by European Regulation n ° 524/2013, by filing a complaint on the following website: http://ec.europa.eu/consumers/odr/.
Any dispute not resolved amicably will be submitted to the competent court.
Article 12. Miscellaneous
If one or more stipulations of these general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
Right of withdrawal
For the attention of MYSCA Natural Cosmetics:
MYSCA Natural Cosmetics
15 rue du Gers, 31400 TOULOUSE
I / we (*) hereby notify / notify you of my / our (*) withdrawal from the contract for the sale of the property below:
Ordered on: ………………………………………………………… ……………….
Received on: ………………………………………………………………………………….
Order number: ……………………………………………………………….
Name and first name of consumer (s): ………… ………………………………….
Address of consumer (s): ……………………………………………………. < br /> Signature of consumer (s):
(*) Cross out where applicable.
In accordance with the provisions of articles 6-III and 19 of Law n ° 2004-575 of June 21, 2004 for Confidence in the digital economy, known as LCEN, we bring to the attention of users and visitors of the site: www .myscanaturalcosmetics.com the following information:
The site www.myscanaturalcosmetics.com is the exclusive property of the micro enterprise MYSCA Natural Cosmetics, which publishes it.
MYSCA Natural Cosmetics
15 rue du Gers, 31400 TOULOUSE
Mail: email@example.com a >
registered under number 82236472500017