Conditions of use OF THE VICTORIA store

LEGAL NOTICES and GENERAL CONDITIONS

OF SALE

Date of last update: 09/30/2023
Introduction: What our privacy policy covers
Article 1 – LEGAL NOTICES
This site, accessible at the URL https://victoriastore.fr (the “Site”), is published by:
Mrs. VINCENT VICTORIA, resident 4 Verger des Pascotines 33360 LATRESNE of French nationality, born on 10/22/1987.
(Hereinafter referred to as the “Operator”).
The Operator’s individual VAT number is: FR 48917683062.
The Site is hosted by the company Tilda Publishing Ltd. , located Republic of Ireland (Registration number 671800), web address: https://tilda.cc, contact address: team@tilda.cc
The Director of publication of the Site is VINCENT VICTORIA.
The Operator can be reached at the following email address contact@victoriastore.fr
Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The general conditions of sale (the “General Conditions of Sale”, or the “CGV”) are applicable exclusively to the online sale of products offered by the Operator on the Website.
The General Terms and Conditions are made available to customers on the Site where they can be directly consulted and can also be communicated to them on simple request by any means.
The General Conditions of Sale are enforceable against the customer who acknowledges, by checking a box or clicking on the button provided for this purpose, having been aware of them and having accepted them before placing an order. Validation of the order by its confirmation constitutes acceptance by the buyer of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the Operator.
Article 3 – PRODUCT DESCRIPTION
The Site is an online sales site for beauty products (hereinafter the “Product(s)”) open to any natural or legal person using the Site (the “Customer”).
The Products presented on the Site are each the subject of a description (established by the supplier or accessible on the manufacturer's site via a link on the Site) mentioning their essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document. The instructions for using the Product, if it is an essential element, appear on the Site or are sent at the latest upon delivery. The Products comply with the requirements of current French law.
The Customer remains responsible for the terms and consequences of his access to the Site, particularly via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain the responsibility of the user. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.
The Customer acknowledges having verified that the computer configuration it uses is secure and in working order.
Article 4 – CREATION OF THE CUSTOMER AREA
The Customer can create his personal customer area. Once created, to access it, the Customer must identify themselves using their username and secret and confidential password. It is up to the Customer not to communicate his username and password in accordance with the provisions of the PERSONAL DATA article of these General Conditions. Each Client undertakes to maintain strict confidentiality regarding data, in particular username and password, allowing them to access their customer area, the Client acknowledging that they are solely responsible for access to the Service through their username and password, unless fraud is proven. Each Customer further undertakes to immediately inform the Operator in the event of a loss, misappropriation or fraudulent use of their identifier and/or password.
After creating their personal customer area, the Customer will receive an email confirming the creation of their customer area.
The Customer undertakes when registering to:
· provide real, accurate, up-to-date information at the time of entry into the service registration form, and in particular not to use false names or addresses, or names or addresses without being authorized to do so;
· maintain registration data up to date in order to permanently guarantee its real, accurate and up-to-date nature.
The Customer further undertakes not to make available or distribute illicit or objectionable information (such as defamatory information or information constituting identity theft) or even harmful information (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Customer's access to the Site at its sole discretion.
Article 5 – ORDERS
The Operator strives to guarantee optimal availability of its Products. Product offers are valid while stocks last.
If, despite the Operator's best efforts, a Product proves to be unavailable after the Customer's order, the Operator will inform the Customer by email as soon as possible and the Customer will have the choice between:
· the delivery of a Product of a quality and price equivalent to that initially ordered, or;
· reimbursement of the price of the Product ordered at the latest within thirty (30) days of payment of sums already paid.
It is agreed that apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to him.
With the exception of any contrary notice appearing in these General Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and final.
When placing an order, the Customer must select the chosen Products, add them to their basket, indicating the selected Products and the desired quantities. The Customer has the possibility to check the details of his order and its total price, and to return to previous pages to possibly correct the contents of his basket, before validating it.
The Customer undertakes to read the General Conditions of Sale then in force before accepting them and confirming the terms and possible delivery and withdrawal costs prior to payment of their order. Confirmation of the order entails acceptance of the General Terms and Conditions and forms the contract.
The contractual information relating to the order (including in particular the order number) will be confirmed by email in due time. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice will be sent at the customer's request. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.
Any email that will be sent to the Customer as part of an order will be sent to the email address that the Customer uses at the time of the order.
The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that:
· The Customer does not respect the General Conditions in force at the time of his order;
· The Customer's order history shows that sums remain due for previous orders;
· One of the Customer's previous orders is the subject of a dispute currently being processed;
· The Customer did not respond to a request for confirmation of his order that the Operator sent to him.
Any modification of the order by the Customer after confirmation of his order is subject to the agreement of the Operator.
The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the Customer. Thus, the Operator cannot be held liable in any way in the event that an error when placing the order prevents or delays delivery/delivery.
The Customer declares to have full legal capacity allowing him to commit to these General Conditions.
Registration is open to capable adults and minors provided that they intervene under the supervision of the parent or guardian having parental authority. Under no circumstances is registration authorized on behalf of third parties unless you are validly authorized to represent them (legal entity for example). Registration is strictly personal to each Client.
In the event of failure by the Customer to comply with one of the provisions hereof, the Operator reserves the right to terminate said Customer's account without notice.t.
Article 6 – PAYMENT TERMS AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order with payment obligation, which requires the payment of a price in exchange for the supply of the Product ordered.
In any event, the Operator reserves the right to check the validity of the payment, before shipping the order, by all necessary means.
The Operator uses the Stripe online payment solution.
Orders can be paid using one of the following payment methods:
· Payment by credit card. Payment is made directly on the Operator's secure banking servers; the Customer's bank details do not pass through the Site. The bank details communicated during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these contact details are not accessible to third parties.
The Customer's order is recorded and validated upon acceptance of payment by Stripe.
The Customer's account will be debited for the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by Stripe having issued the bank card.
The inability to debit the amounts due will result in the immediate nullity of the sale.
The bank card may in particular be refused if it has expired, if it has reached the maximum spending amount to which the Customer is entitled or if the data entered is incorrect.
· Payment by bank transfer. The Customer can pay for their order by bank transfer. When ordering, the Operator will provide the details of the account to which the transfer will be made, as well as the order reference to be indicated in the transfer order. Orders are processed within 48 hours maximum following receipt of the transfer.
Where applicable, the order validated by the Customer will only be considered effective when the secure banking payment center has given its agreement to the transaction.
As part of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalize their order. These parts will not be used for any purpose other than these.
Article 7 – PAYMENT OF THE PRICE
The price of the Products in effect at the time of the order is indicated in euros, all taxes included (TTC), excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of advertising for the promotion.
The price is payable in euros (€) exclusively. The price is due in full after confirmation of the order. The prices offered include discounts and rebates that the Operator may grant.
If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before validation of the order by the Customer. The total amount owed by the Customer and its details are indicated on the order confirmation page.
Article 8 – FORMATION OF THE CONTRACT
The contract between the Operator and the Customer is formed when the Customer sends the confirmation of his order.
The Customer's attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places his order he must check, confirm and after having selected products in the basket, check and possibly correct the contents of his basket (identification, quantity of products selected, price, terms and delivery costs) before validating it, then he acknowledges accepting these General Terms and Conditions before clicking on the “pay” button, finally he validates his order after having completed his bank details.
The archiving of communications, purchase orders and invoices is ensured by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitutes proof of all transactions between the Operator and its Customers.
The order can be resolved by the Customer by registered letter with acknowledgment of receipt or by writing on another durable medium in the event of:
· delivery of a Product with a factory defect or merchandise defect;
· an increase in price which is not justified by a technical modification of the product imposed by the public authorities.
The order can be resolved by the Operator in the event of:
· refusal of the buyer to take delivery;
· non-payment of the price (or the balance of the price) at the time of delivery.
Article 9 – RESERVATION OF OWNERSHIP
The Operator remains the exclusive owner of the Products ordered on the Site until receipt of the full price, including any shipping costs.
Article 10 – SHIPPING AND DELIVERY
The online sales offers presented on the site are reserved for consumers residing in France.
Delivery means the transfer to the Customer of physical possession or control of the Product.
The Operator offers you the delivery method by post carrier Colissimo with a tracking number.
Shipping costs are those specified when finalizing the order and are accepted upon validation of the order.
The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products after receipt of payment.
Delivery times are announced in working days on the Site when ordering. These deadlines include the preparation and shipping of the order as well as the deadline provided by the carrier.
If delivery times are not respected by the carriers, under no circumstances could our company be held responsible and our liability cannot be incurred.
The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and at basket level, provided that payment for the order has not been previously refused.
However, if one or more Products cannot be delivered within the time initially announced, the Operator will send an email informing the Customer of the new delivery date.
The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address does not contain any errors. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.
Upon delivery, you may be asked to sign a receipt.
No delivery will be made to a PO box.
Upon delivery, it is the Customer's responsibility to check that the Products delivered comply with their order and that the package is sealed and undamaged. If this is not the case, the Customer must contact the Operator.
Article 11 – RIGHT OF WITHDRAWAL
In accordance with article L. 221-28 of the Consumer Code, the Customer expressly acknowledges that any Cosmetic Product unsealed after delivery and cannot be returned for reasons of hygiene or health protection.
In accordance with article L.221-28 of the Consumer Code, the following apply and prevent the exercise of the right of withdrawal, in particular if the order consists of a contract:
· the provision of services fully executed before the end of the withdrawal period and the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal;
· the 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;
· the supply of goods made to the consumer's specifications or clearly personalized;
· the supply of goods likely to deteriorate or expire quickly;
· 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;
· supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
· the supply of alcoholic beverages whose delivery is deferred beyond thirty (30) days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional;
· 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;
· the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
· supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
· concluded at a public auction;
· the provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;
· the supply of digital content not provided on a physical medium whose execution has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.
If you notice a factory defect or a defect on the goods after receipt of the order, we ask you to contact us immediately: make a complaint (in free form), take a photo of the goods and send an email to contact@ victoriastore.fr
with the subject “Complaint” with proof of payment.
We will review your complaint within 3 business days.
Return costs are the responsibility of the Customer.
The returned Product must be in its original packaging, unused and with all possible accessories.
In addition to the returned Product, the return package must also contain a letter specifying the exact and complete contact details (surname, first name, address) of the Customer as well as the order number, and the original purchase invoice.
The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days from receipt of the Product and all the elements enabling the Customer to be reimbursed. This reimbursement may be made by the same means of payment as that used for the Customer.
By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the withdrawal procedures.
Article 12 – CUSTOMER SERVICE
The Customer can contact the Operator by email at contact@victoriastore.fr indicating their name, telephone number, the subject of their request and the number of the order concerned.
Article 13 – INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE
The Operator is the sole owner of all elements present on the Site, in particular and without limitation, all texts, files, animated or non-animated images, photographs, videos, logos, drawings, models, software, brands, visual identity, database , structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the
“Elements”) which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Elements of the Site may in whole or part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way. , free of charge or for a fee, by a Customer or by a third party, whatever the means and/or supports used, whether known or unknown to date, without the express prior written authorization of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation.
The Operator reserves the right to take legal action against persons who have not complied with the prohibitions contained in this article.
ARTICLE 14 – LIABILITY AND GUARANTEE
The Operator cannot be held responsible for non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or even due to the unforeseeable and insurmountable act of any third party herein.
The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions over the Internet. Therefore, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their use may be temporarily interrupted due to maintenance, updates or technical improvements, or to change their content and/or their presentation.
The Operator cannot be held responsible for any use made of the Site and its services by Customers in violation of these General Conditions and for any direct or indirect damage that this use could cause to a Customer or a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and for their behavior towards third parties. In the event that the Operator is held liable for such behavior by one of its Customers, the latter undertakes to guarantee the Operator against any conviction pronounced against it as well as to reimburse the Exploiter of all costs, including attorneys' fees, incurred for his defense.
ARTICLE 15 – PERSONAL DATA
For more information regarding the use of personal data by the Operator, please carefully read the Privacy Charter (the “Charter”). You can consult this Charter at any time on the Site.
ARTICLE 16 – GENERAL PROVISIONS ENTIRE AGREEMENT OF THE PARTIES
These General Conditions constitute a contract governing the relations between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. If one or more stipulations of these General Conditions are declared void 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. Furthermore, the fact for one of the parties to these General Conditions not to take advantage of a failure by the other party to any of the provisions of these General Conditions cannot be interpreted as a waiver on its part of avail themselves of such a breach in the future.
CHANGES TO TERMS
The Operator reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or permanently cease operating all or part of the Site.
In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Conditions. The Customer is therefore required to refer to these General Conditions before using the Site.
The Customer acknowledges that the Operator cannot be held responsible in any way towards him or any third party as a result of these modifications, suspensions or cessations.
The Operator advises the Customer to save and/or print these General Conditions for safe and long-term storage, and thus be able to invoke them at any time during the execution of the contract if necessary.
APPLICABLE RIGHT
These General Conditions are governed, interpreted and applied in accordance with French law.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER
The Customer acknowledges having read these General Conditions carefully.
By registering on the Site, the Customer confirms having read the General Conditions and accept them, making him contractually bound by the terms of these General Conditions.
The General Conditions applicable to the Customer are those available on the date of the order, a copy of which dated to date can be given to the Customer upon request, it is therefore specified that any modification of the General Conditions which is made by the Operator will not be will not apply to any order placed previously, unless expressly agreed by the Customer at the origin of a given order.