Updated on 6 Sept. 2021
PREAMBLE
ADS FORMATION ET PRODUITS, a limited liability company with a single shareholder registered in the Paris Trade and Business Register under no. 753 285 808, whose head office is located at 87 rue Réaumur in Paris (F-75002), operates an Internet site from which it sells online products related to the beauty of the eyes. The purpose of these general terms and conditions is to define the conditions under which the sales contract is concluded between ADS and its customers.
1 - DEFINITIONS
Whenever in these terms and conditions the following words are written in the singular or plural with a capital letter, they shall have the following meaning:
ADS: refers to the company ADS FORMATION ET PRODUITS as described in the preamble, as well as any natural or legal person that it may substitute to sell on the Site.
Customer: designates the natural person who declares to be of age or the legal entity represented by a natural person acting on behalf of this legal entity and who declares to have the power to bind it and who, holder of a customer account, wishes to purchase one or several products sold by ADS.
Contract: refers to the sales contract concluded via the Site between the Customer and ADS and governed by these general terms and conditions of sale.
Product Sheet or Sheet: means the description of a Product which includes at least a photo of the Product, its price expressed in euros including VAT, a description of its essential characteristics including, in the case of a cosmetic product, the list of its ingredients, its function, the precautions for use, the nominal quantity and the capacity of the container.
Party: means, together or separately as the context requires, the Customer and/or ADS in their capacity as parties to the Contract.
Products: refers to the products offered for sale on the Site, including gift cards and vouchers.
Site: refers to the Internet site currently accessible from the address www.atelierdusourcil.us
2 - OPPOSABILITY OF THE GENERAL TERMS AND CONDITIONS
2.1 The present general terms and conditions are applicable to the relations between ADS and the Customers and define the respective obligations of the Parties. Prior to finalising the order, the Customer shall carefully read the present general terms and conditions, which shall be displayed in a new window of his/her Internet browser. By ticking the box "I have read and accept without reservation the general terms and conditions of sale", the Customer fully and irrevocably accepts these general terms and conditions. Furthermore, these general terms and conditions are available on the Site at all times and are sent to the Customer by e-mail together with the order confirmation. In addition, if the Customer is a legal entity, the person who has created the customer account in the name and on behalf of the Customer and who has consequently accepted these general terms and conditions is responsible, within the scope of Articles 1120 and onwards of the French Civil Code, for compliance with these general terms and conditions by the Customer's employees, agents, partners, co-contractors, affiliates and representatives.
2.2 The version of the general terms and conditions applicable to an order is the one approved by the Customer on the day of the order. In this respect, the Customer is informed that ADS reserves the right to modify the present general terms and conditions between two orders. It is therefore conceivable that the general conditions of sale may change between two orders placed by the Customer. By ticking the box referred to in article 2.1 above when placing an order, the Customer is deemed to have read the general terms and conditions of sale with each new order.
2.3 These general terms and conditions prevail over any other contractual or pre-contractual document that could be invoked by the legal entity Customer.
3 - CUSTOMER ACCOUNT
3.1 The Customer account allows the Customer to:
- view the history and details of their orders;
- return or exchange Products ;
- add or modify his delivery and/or billing address, it being specified that such an addition or modification is only open, for a given order, as long as the said order has not yet been validated by ADS ;
- manage subscriptions to e-mail solicitations ;
- manage personal information.
3.2 To create a customer account, it is imperative to be either (i) a natural person of legal age within the terms of its national legislation, or (ii) a legal person represented by a natural person acting on behalf of this legal person and having the power to bind it; and cumulatively, to be able to conclude a contract with regard to its national legislation. To create a customer account, a form must be completed. Natural persons enter their surname, first name, postal address, date of birth and e-mail address. Legal entities shall provide their company name, registration number in a trade and business register, a VAT number and, where applicable, the benefit of a tax exemption or specific regime, the postal address of the registered office or main establishment and e-mail address as well as the surname, first name and position of the natural person who declares that he/she has the power to commit the legal entity to enter into the Contract. In any case, it is forbidden to use (i) a pseudonym or any other name or customary name that does not conform to real civil status data and/or legal data and/or (ii) data that would have the purpose or effect of concealing one's identity. In this respect, the Customer undertakes to provide only accurate, sincere and complete information and shall refrain from creating a customer account on behalf of a third party or allowing a third party to use his customer account. Finally, for the effective opening and subsequent use of his customer account, the Customer must create a password.
3.3 Once the form has been completed, the Customer will receive an e-mail confirming the creation of his/her customer account and his/her login details. The e-mail address provided and the password thus created constitute the login details that allow the Customer to access his customer account at any time, from the home page of the Site or from the "cart" page. Accordingly, each Customer must ensure that the confidentiality of his or her password is not compromised. The Customer must immediately notify ADS in case of suspected fraudulent use of his/her customer account. Each Customer can only have one customer account. Failure to comply with any of the provisions of this article may lead ADS to take action which may include closing the customer's account. If necessary, ADS will send an e-mail to the Customer detailing the facts of which the Customer is accused and which justify measures to ensure compliance with the provisions of this article. The Customer shall be given the opportunity to respond in order to provide any evidence that may discharge his/her liability. In the absence of a satisfactory response within 8 days following the sending of the first email by ADS, ADS shall have the right to close the Customer's account.
3.4 The Customer may, at any time, modify or delete the information contained in his customer account.
4 - ORDERING PROCEDURE
4.1 The Customer may at any time select Products from the Product Catalog and add Products to his/her selection by clicking on the "Add to basket" tab, before completing his/her purchases or before browsing further. The Customer's selection can be consulted on the "cart" page of the Site. On this "cart" page, the information relating to the Product(s) selected by the Customer is summed up, in particular the information given in the Product Sheet for each Product.
4.2 If the Customer already has a customer account, he/she must be identified at this stage in order to validate his/her order. If the Customer does not yet have a customer account, he/she is invited to create one, following the procedure described in article 3 of these terms and conditions, in order to be able to validate his/her order.
4.3 Once identified, and before finalising his order, the Customer must (1) validate his/her delivery method and (2) complete the delivery information necessary for the correct dispatch of his/her order: country of delivery, title, first name, surname, telephone number, delivery address. Once the delivery method has been validated by the Customer, the Customer is informed of the price of the delivery, can pay for his/her purchases and finalise his/her order by clicking on the "Order and pay" button on the Order summary page, provided that he/she has previously accepted these GTCS by ticking the box "I have read and unreservedly accept the general terms and conditions of sale".
4.4 The order will be definitively validated upon payment of the price corresponding to the total amount of the order. The sales contract will then be definitively concluded. Definitively validated orders are transmitted to ADS for processing. ADS reserves the right not to accept an order from a Customer who has not paid in full or in part for a previous order or with whom it is in dispute for a previous order, or if it reasonably believes that this Customer has violated these general terms and conditions of sale. In such a case, ADS will send an e-mail to the Customer explaining the reasons why the order has not been processed and inviting the Customer either to rectify the situation or to provide any element that would be likely to clear its responsibility.
4.5 A summary of the order is sent by e-mail to the Customer after the order has been definitively validated. The receipt confirmation mentions the total amount of the order, the information relating to the total price of the order and the delivery time, the essential characteristics, the quantity and the price of the Products purchased. A copy of these general terms and conditions of sale is also attached to the e-mail summing up the order. The invoice can also be viewed and downloaded on the Site from the Customer account. The Customer is advised to keep this acknowledgement of receipt on paper or electronically.
4.6 In accordance with article L.213-1 of the French Consumer Code, if an order is for an amount equal to or greater than $120USD, ADS keeps the written document which establishes the contract concluded between ADS and the Customer by electronic means for 10 years from the date of delivery of the Product(s). The Customer then has access to this document upon request made to ADS.
5 - REVIEWS AND COMMENTS
5.1 The Customer who has a customer account has the option of leaving a review or comment on the Product(s) he/she has purchased.
5.2 In order to do so, the Customer clicks on the "Rate it" button located near the photograph of the Product or the "Submit a review" button located at the bottom of the Product Sheet. The Customer must then complete the corresponding form and, in particular, must indicate the date on which he/she purchased the Product on which he/she intends to submit a review.
5.3 After publication of his review, the Customer can modify it by connecting to his customer account and accessing the "My reviews" section.
5.4 The Client agrees to give a sincere and authentic review. He/she shall refrain from making statements that are false, inappropriate, defamatory or contrary to the law and morality. In this regard, ADS reserves the right to refuse, at its sole discretion, to publish a review that does not comply with these terms and conditions. In such a case, ADS informs the Client by e-mail of the reasons why his review cannot be published. The Customer will then have the option of issuing a new review, this time in accordance with these terms and conditions.
5.5 In accordance with Article D.111-17 of the French Consumer Code, next to each published review is mentioned:
- the date of publication of the review ;
- the date of purchase of the Product by the Customer ;
- the fact that reviews are subject to moderation a posteriori ;
- the fact that the reviews appear in chronological order, from most recent to oldest.
5.6 The publication of a review does not entitle the Client to any compensation.
5.7 A published review will be retained for as long as the Product to which it relates is online, but this period may not exceed 7 years from the publication of the review.
5.8 The Customer is aware that any person may report a review whose content is illegal or inappropriate or whose authenticity he or she may have doubts about. The notification of a review must be motivated and sent by post to ADS FORMATION ET PRODUITS, Service réclamation, 87 rue Réaumur, - F-75002 Paris or by e-mail to boutique@atelierdusourcil.com
6 - PRICES AND METHODS OF PAYMENT
6.1 All prices shown are in USD excl. VAT and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you.
If your delivery address is outside of FRANCE you may be subject to import duties and taxes, which are levied once a delivery reaches your destination country. You should note that customs policies and practices vary widely from country to country.
Please note that when shipping goods from outside France, cross border shipments may be subject to opening and inspection by customs authorities. In respect of all goods dispatched to you to an address outside of France, you are deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered. Prices do not include shipping costs nor import duties if applied, nor the price of specific packaging or other optional services. Thus, except for gift cards and vouchers and/or except for special offers, the Customer will have to pay, in addition to the price of the Product, a contribution to the delivery costs which will be determined according to the weight and volume of the Product and the delivery option chosen by the Customer. The amount of this contribution to the delivery costs will be specified before the validation of the order by the Customer.
6.2 The Customer has the option of choosing the method of payment of his choice between the different methods of payment offered by ADS and detailed below:
6.2.1 Payment with VISA, CREDIT CARD, AMERICAN EXPRESS and MASTERCARD: This payment method is secured by encryption. An SSL encryption system is implemented to secure payment and personal data. ADS reinforces the security of your payments by using the “3D secure” system for Visa, Mastercard and American Express cards that support it. An additional step takes place at checkout to check the identity of the cardholder and to validate the transaction. Each bank has its own authentication.
6.2.2 Payment with PayPal: PayPal is a service that allows the Customer to pay online without sharing banking information with ADS. To secure the purchase, PayPal encrypts and secures bank information and never shares it with the recipient of the payments. In order to pay via PayPal, the Customer must have a PayPal account and must enter his or her PayPal identifiers on the Site when paying for the order.
7 - DELIVERY AND SHIPPING COSTS
7.1 The Products are delivered to the delivery address indicated by the Customer at the time of the order.
7.2 ADS delivers the Products to USA and CANADA.
7.3 The delivery date depends on the delivery method chosen by the Customer.
7.4 The Customer can follow the status of his/her order from his/her customer account by clicking on the "My orders" tab and, when the Customer has chosen a delivery method with tracking, the delivery can be followed directly on the carrier's website with the tracking number provided.
7.5 ADS has chosen to rely on UPS for the delivery of its Products.
7.5.1 UPS DELIVERY. The Customer can be delivered to his home or to any address of his choice, subject to payment of the fixed contribution to the shipping costs. The order will be delivered by UPS within a timeframe of approximately 2 to 10 days after the validation of the order for Products in stock. Please note that delivery duration may be longer due to customs clearance or high business activities periods as Black Friday, Seasonal Holidays, Mother Day and more.
A shipping flat rate iof $14,90USD is applied for any order below $100USD.
FREE delivery is offert from $100USD onwards of purchases delivered.Offer applicable to individuals only.
7.5.2 Customs clearance responsibilities for USA & CANADAdelivery addresses. All orders are despatched within the France so you may be charged additional taxes or duties if you live outside the EU. Please reffer to ection 6. for more details.
7.5.4 Returns following rejection of delivery by the Customer: In the event that the duties, tariffs or taxes requested by the carrier before delivery have not been paid within a period provided by the carrier (the standard payment period is 3 to 5 working days but this time may vary at the sole discretion of the carrier), the package will be returned to our warehouse. ADS only reimburses the difference between the order price and the net return costs including shipping, taxes and handling charges.
7.5.5 ADS will not accept liability for lost orders if you select for your parcel to be left in a safe place or with a neighbour.
7.5.6 ADS will only consider claims for lost items sent 10 working days after the latest due date.
8 - TRANSFER OF OWNERSHIP AND RISK
8.1 The transfer of ownership and risks occurs when the delivery is fully completed, i.e. when the Product(s) ordered has/have been delivered to the address indicated by the Customer at the time of his/her order.
8.2 Consequently, any risk of loss or damage to the Product(s) ordered is transferred to the Customer at the time when the Customer or a third party designated by the Customer, other than UPS takes physical possession of it.
8.3 The person who takes physical possession of the Product(s) ordered by the Customer (i.e. the Customer or a person designated by the Customer) is obliged to immediately check the conformity of the products received with the Products ordered.
8.4 In the event of any anomaly, of whatever nature and extent, (i) the person who takes physical possession of the Product(s) ordered by the Customer must imperatively mention it on the delivery note presented by the carrier when the order is handed over in person or (ii) the Customer must imperatively establish, within 24 hours following the taking of physical possession of the Product(s), a complaint via his/her customer account. Failing this, ADS can in no way be held responsible, unless the Customer can prove that the anomaly which is the subject of his complaint can be attributed to ADS. The provisions of this article do not prevent the Customer from implementing the legal guarantees of conformity or hidden defects, depending on the case.
9 - RIGHT OF CANCELLATION
9.1 This clause only applies to the Customer who can be qualified as a consumer or non-professional in accordance with the preliminary article of the French Consumer Code. All other customers have no right of cancellation.
9.2 The Customer may freely withdraw from the contract within 14 days following receipt of the order. In the case of an order for several Products delivered separately, the period of 14 days runs from the receipt of the last of these Products.
9.3 In order to withdraw, the Customer may, as an option: (i) go to his customer account to fill in the withdrawal form and obtain a return label, (ii) notify his decision to withdraw by means of a clear and unambiguous statement by email to boutique@atelierdusourcil.com or (iii) use the model withdrawal form availbale in the attachment to these general terms and conditions.
9.4 The consumer Customer then has a period of 7 days following the communication of his return number to send the Products back to the following address: ADS FORMATION ET PRODUITS, 87, Rue Réaumur 75002 Paris France.
9.5 He/she must pack the Product(s) carefully and enclose his/her return number(s) in his/her shipment by printing them out from the site or by copying them onto blank paper (in the event that he/she wishes to follow the return procedure provided on the Site).
9.6 The Customer is free to choose the method of shipment of his product and whether or not to take out insurance in the event of loss, theft or destruction of his package. ADS does not bear any of these costs nor the cost of transport and cannot be held responsible for the non-receipt of the Customer's package. The Customer is advised to opt for a tracked shipment. As a general rule, all costs and risks related to the return of the Product(s) are to be borne by the Customer.
9.7 If all the conditions relating to the exercise of the right of withdrawal are fulfilled, ADS will reimburse the Customer for the amount of the returned Product or order, including the delivery costs, except if the Customer had chosen a more expensive delivery method than the standard delivery method. The terms of the refund are as follows:
9.8.1 If the Customer has paid by credit card, the card used will be credited with the amount of the order.
9.8.2 If the Customer has paid by bank transfer or bank cheque, a transfer will be made by ADS to the bank account that the Customer used to make the payment.
9.9 In accordance with Article L.221-28 of the French Consumer Code, the consumer Customer will not be able to exercise the above-mentioned right of withdrawal or make a request for refund if the Product delivered to the Customer has been unsealed by the Customer after delivery for reasons of hygiene and health protection (such as, for example, a mascara that has been opened or a pair of tweezers that has been removed from its packaging…).
10 - INTELLECTUAL PROPERTY AND OTHER RIGHTS
ADS is the sole owner or, at least, benefits from the right to use the Site as well as the elements composing the Site such as brands, logos, texts, styles, graphic elements, photographs, videos, applications, software, files, databases... on which it retains all of its property or usage rights. None of the provisions of these general terms and conditions or of the Site may be interpreted as a transfer or concession, even if it is only a simple right of personal and non-transferable use, of the Site or of one or more of its elements.
11 - CUSTOMER OBLIGATIONS
The Customer agrees to comply with these general terms and conditions, the French laws and regulations, as well as the laws and regulations of his country of origin when they are not contrary to the ones above.
12 - GUARANTEE OF CONFORMITY AND OTHER GUARANTEES
12.1 ADS is bound by the legal guarantee of conformity and hidden defects with respect to the Customers. The Customer who wishes to invoke one of these guarantees must make a claim by sending it to ADS either by post to the ADS complaints department at ADS FORMATION ET PRODUITS, 87 Rue Réaumur - 75002 Paris FRANCE, or by e-mail to contacy@atelierdusourcil.com. The Customer is informed that he can make use of these two guarantees, one not excluding the other. However, the Customer may not contest the conformity of the Product or claim the benefit of the guarantee against hidden defects by invoking a defect that was expressly mentioned in the Product Sheet and/or was visible in the displayed photos.
12.2 The Customer has a period of 2 years from delivery to take action under the legal guarantee of conformity and a period of 2 years from the detection of the defect to take action under the legal guarantee of hidden defects.
12.3 In his/her claim based on the legal guarantee of conformity, the Customer must explicitly indicate whether he/she wishes to have the Product repaired or replaced.
12.4 However, ADS shall not be forced to respect the Customer's choice between repair and replacement whenever (i) this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the Product or the importance of the defect, as well as whenever (ii) this proves to be purely and simply impossible, for example when the Customer has requested the replacement of a Product that is no longer in stock or no longer sold on the Site.
12.5 When both repair and replacement prove to be impossible or cannot be implemented within one month of the Customer's complaint, ADS informs the Customer and informs him that he can either return the Product against a reimbursement of the price or keep the Product against a reimbursement of part of the price. The Customer shall notify his decision to return or keep the Product to ADS within 7 calendar days following the day ADS has notified him of the impossibility to repair or replace the Product or the impossibility to do so within one month following the Customer's complaint.
12.6 In case of a return of the Product, the Customer has a period of 7 calendar days from the day he made his decision known to ADS to send it back. ADS will reimburse the price or part of the price according to the terms described in article 10.9 of these general terms and conditions and will also reimburse the Customer for the shipping costs he has borne to return the Product.
12.7 Some Products on the Site may be covered by a commercial guarantee, equivalent to the manufacturer's guarantee, for which ADS is not liable. In the event of a commercial guarantee, this may be mentioned in the Product Sheet concerned shown on the Site.
12.8 The extent and duration of this commercial guarantee varies depending on the brand or manufacturer. Hence, the Customer is invited to consult the legal guarantee notice when it is provided with the Products and its precise terms.
12.9 ADS cannot be held responsible for any refusal by the manufacturer to comply with the commercial guarantee.
12.10 It is reminded that, in accordance with Article L.217-15 of the French Consumer Code, the commercial guarantee does not deprive the Customer of the legal guarantees he/she enjoys.
13 - LIMITATION OF LIABILITY OF ADS
13.1 ADS will make all reasonable efforts to ensure the availability of the Site. The Customer however acknowledges that due to the nature of Internet, this cannot be guaranteed, nor for that matter the access to his customer account. The access to the Site and/or to the customer account may thus - in particular for technical reasons (repairs, maintenance, update...) or for inventory reasons - be temporarily suspended or limited, even though ADS undertakes to limit the frequency and duration of these suspensions or limitations.
13.2 ADS shall not be liable for any direct, indirect, incidental, consequential, special, foreseeable or unforeseeable damages arising out of or in connection with the Contract or the use of the Site, other than those to which ADS is bound in accordance with a legal or regulatory provision of public order. In particular, ADS cannot be held responsible for loss of data or turnover, loss of profit or increase in costs and expenses, costs of restoring files, operating losses, damage caused to the equipment of a Customer who has concluded a Contract or used the Site unless it can be demonstrated that ADS has committed a fault which has directly caused damage to the Customer and/or that the damage suffered by the Customer is the direct result of a breach by ADS of one of its professional obligations.
14 - FORCE MAJEURE
ADS reserves the right not to fulfil or to suspend the fulfilment of its obligations and to interrupt the operation of the Site, without prior notice or formality, in case of force majeure as defined by the French Civil Code.
15 - SITE INTEGRITY
The Customer shall refrain from undermining the integrity of the Site. In this respect, the Customer shall not (i) use the Site in a manner that is contrary to these terms and conditions, the laws and regulations of its country of origin and/or the laws and regulations of France, (ii) damage, disable, overburden or impair the Site or attempt to do so, (iii) use automated scripts or any other technology to extract or collect information from or through the Site or to interact with the Site (iv) upload, post, transmit, share, store, make available or disseminate, in any manner and for any reason, on or through the Site, any material that contains computer viruses or any computer code, files or programs designed to interrupt, destroy, alter or limit the functionality of any software, (v) upload, post, transmit, share, store, make available or disseminate, in any manner and for any reason whatsoever, on or through the Site, any content that is civilly or criminally objectionable, prevents others from using the Site in whole or in part or harms ADS or its users or engages their responsibility in any way whatsoever, (vi) send, put online, exchange or share on or through the Site, any content likely to engage its own responsibility, that of the users of the Site, that of ADS and/or that of its managers, associates, employees, collaborators or partners, towards third parties.
16 - CUSTOMER'S FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS
16.1 In case of non-compliance by the Customer with these general terms and conditions of sale, and without prejudice to other remedies, ADS reserves the right to limit, suspend, terminate or prohibit access to its Site and to the customer account. In this case, ADS agrees to send an e-mail to the Customer explaining the reasons leading it to take the measure(s) it deems appropriate and inviting it to explain itself and/or to comply within 8 days from the sending of the e-mail. In the absence of action or a satisfactory response from the Customer within this period, the measure(s) envisaged by ADS will be implemented within a period of 8 days without this giving rise to any dispute on the part of or compensation to the Customer.
16.2 ADS also reserves the right to take all technical and legal measures to prevent users, whether or not they are Customers, from accessing the Site, if it considers that their action(s) (i) undermine(s) the security of the Site or of other users, that they may engage the responsibility of a user, ADS, its managers, associates, employees, collaborators or partners or (ii) are in contradiction with the present general terms and conditions and/or the laws and regulations in force and of public order applicable in France or in the user's country of origin. In this case, ADS agrees to send an e-mail to the Customer explaining the reasons leading it to take the measure(s) it deems appropriate and inviting it to explain itself and/or to comply within 8 days from the sending of the e-mail. In the absence of action or a satisfactory response from the Customer within this period, the measure(s) envisaged by ADS will be implemented within a period of 8 days without this giving rise to any dispute on the part of or compensation to the Customer.
17 - LAW AND JURISDICTION
17.1 The present terms and conditions are subject to French law.
17.2 For any complaint, the Customer may contact customer service by post at ADS FORMATION ET PRODUITS - service clients, 87 rue Réaumur - F-75002 Paris, by e-mail at contact@atelierdusourcil.com or by telephone at 02 42 06 00 45.
17.3 If the answer provided to the Customer is not satisfactory, and provided that the conditions of Article L.612-2 of the Consumer Code are met, the Customer may have recourse, free of charge, to a mediation procedure for consumer disputes by contacting the mediator of his choice or the mediation service of the Mediator of the Professional Federation of E-Commerce and Distance Selling (Fédération professionnelle du e-commerce et de la vente à distance - FEVAD) to which ADS belongs and whose contact details are as follows: http://dev.mediateurduecommerce.com/index.php/espace-consommateur/
Le service du Médiateur du e-commerce de la FEVAD - 60 rue la Boétie - F-75008 PARIS
e-mail : mediateurduecommerce@fevad.com
17.4 The consumer or non-professional Customer is informed that, in the event of a dispute, he may, notably, bring the matter before the court of the place where he lived at the time of the conclusion of the Contract or of the occurrence of the detrimental event.
