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| General Terms of Sales |
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Article 1 - APPLICATION OF the CONDITIONS the salesman is defined below as being SECRET BEAUTY limited liability company., the purchaser is defined below as being the company or the person signatory and accepting the present conditions of sale. The general conditions of sale apply in an exclusive way to all the sales concluded by SECRET BEAUTY limited liability company. both for its own account that of its principals. All other conditions engage the salesman only after written confirmation of its share. The information given on the catalogues, price lists, Internet sites, notes, etc…. are given only as an indication and can, for this reason, being modified by the salesman without notice. The only fact of placing an order or of accepting an offer of the salesman comprises the general acceptance of these general conditions. The offers are valid within the limit of the time of option fixed at one week from the offer except contrary stipulations ranges on this offer. The present general conditions can be modified constantly and without notice by SECRET BEAUTY limited liability company., the modifications being then applicable to all posterior orders.
Article 2 - ORDERS the orders are final only after written confirmation on behalf of the purchaser when the order is done in a SECRET show-room BEAUTY. Within the framework of the fight against the frauds on Internet, information relating to your order could be transmitted to any third for checking. Within the framework of the orders carried out on Internet site www.SECRET BEAUTY and any other Internet site of SECRET BEAUTY limited liability company., the orders are effective as of the date of reception of the payment for the accounts - cheques and as of the date of flow of the account of the purchaser for the blue charts; except in the case of a payment in against-refunding: in this case only, the confirmation of order on the site holds place of final order (the purchaser commits himself regulating with the conveyor the exact sum indicated on the invoice); except if this one were passed after 15h and thus where the order is effective only as from the following day. The orders addressed directly by the purchaser or which are transmitted by the agents representatives of the salesman engage the salesman only when they were accepted in writing. During the immediate forwarding of the products, the confirmation of order by the salesman can be replaced by an invoice. All modifications of the orders and all additional or derogatory conditions as for the object and with the methods of the sale are valid only insofar as they appear in the offer or the confirmation made by the salesman. Any offer of sale gets along subject to stocks available. Any clause emanating of the purchaser, not accepted in writing by the salesman who would be in opposition with the present general conditions or characteristics defined in the price quotation will be regarded as null. No unilateral cancellation of order will be accepted without the agreement of SECRET BEAUTY limited liability company.
Article 3 - PRICE the list of the prices salesman does not constitute a sale. It can be modified unilaterally without preliminary information. The goods are invoiced at the agreed price within the limit of the time of option and the general economic conditions (taxes, rate of exchange,…), at the moment of the delivery. In the case of products indexed on a currency: any variation from more or less 2% of the court of the currency compared to euro definite the day of the offer will be reflected the day of the invoicing. All the prices mean Nets in euros, net of tax, expenses of packing, transport and insurance freight not included/understood, departure warehouse of the salesman.
Article 4 - DELIVERY 5 DAYS Whatever the mode of delivery, this one is carried out in the warehouse of the salesman. The risks and dangers of transport (loss, deterioration or flight) are the responsibility of the purchaser, if it elected a conveyor on his behalf. The delivery is carried out either by direct handing-over with the purchaser, or by opinion of provision, or by handing-over of the goods to a conveyor. The salesman is authorized to carry out partial deliveries. Any partial delivery accepted by the purchaser is subjected to invoicing as of delivery. In the event of delivery in against-refunding, the purchaser is held to place at the immediate disposal the cheque to the conveyor. In the contrary case, the material will not be delivered to him and a second presentation with its own expenses will be carried out by the conveyor. From convention express, a case of absolute necessity or events such as lockout, strike, stop of work total or partial in the factory of the salesman or at his suppliers, epidemic, war, requisition, fire, flood, interruption or delay in transport, legal or administrative measurements preventing, restricting, delaying or prohibiting the manufacture or the importation of the goods, the salesman is released from all responsibilities to the delivery. The salesman will keep the purchaser informed in convenient time, of the cases and the events enumerated above. In all the cases, the delivery within the deadlines can intervene only if the purchaser is up to date of his obligations towards the salesman whatever is the cause.
Article 5 - TRANSPORT For the site www.secret-beauty.com, the purchaser must contract an insurance for transport, of 4,90 € H.T. + 1% of the amount of the order in the case of an ordering of an amount higher than 20 € T.T.C except insurance charges, which guarantee a total refunding in the event of loss to him, of deterioration or flight of the order during transport whatever its value. If the amount of the order except insurance charges would be lower than the sum of 20 € T.T.C., then the insurance charges rise with 4,90 € T.T.C. This insurance also covers the transport charges of the defective parts in the 3 months after the date of order. These expenses are the subject of a good of purchase given to the purchaser and valid 3 months as from its date of emission. The risks related to transport are supported in this case by the salesman, under the condition which the purchaser checked the goods on arrival and exerted, if it were necessary, its recourse against the conveyor under 48h, even in the event of forwarding free. Except contrary convention, the salesman chooses the conveyor freely.
Article 6 - COMPLAINT AND SERVICE AFTER SALE With the reception of the goods, the purchaser must immediately check their state and their conformity compared to the contract. The labels stuck on all the parts are essential for the guarantee. Packing must be preserved. In the opposite case, the purchaser cannot profit from his right to complaint and must pay the sum of 35 € in order to cover the expenses of conditioning of the parts from which the packing of origin would have disappeared. It is also the case when the purchaser does not issue any reserve during the delivery of the goods. All the complaints relating to a defect of the delivered goods, an inaccuracy in the quantities or their erroneous reference compared to the accepted offer or to the confirmation of order by the salesman, must be formulated in writing within 48h with reception of the goods, without neglecting the recourse against the conveyor, in the absence of what the right to complaint will cease being acquired. The purchaser must allow the salesman to carry out all the operations of checking on site relating to the complaints.
Article 7 - FACULTY OF RETRACTATION Under the conditions envisaged by the L121-16 article of the code of consumption and within the framework of the remote sale, the purchaser has a time of 7 days retractation frank as from the delivery of its order which will be refunded to him against restitution of the delivered products. The purchaser must turn over the goods in their state and packing of origin. Any return of goods requires a number of return, while calling to the 0800.00.00.00 (Service AUDIOTEL, 0,225 €/mn). The return of the goods is carried out with the expenses, risks and dangers of the purchaser.
Article 8 - GUARANTEE the products are guaranteed by the manufacturer (failing this, by SECRET BEAUTY limited liability company.) against any defect of matter or manufacture throughout one 12 month as from the delivery date, except for expressly meant particular conditions. The interventions with the guarantee voucher could not cause to prolong the duration of this one. The guarantee of the salesman on transport can be implemented only at the condition that the purchaser made a complaint written under the 48h according to the reception of the goods. The guarantee of the salesman is limited to repair, the replacement or a refunding in value of the goods found defective by the salesman, by taking account of the use which in was made and this with the free choice of the salesman. The articles of an unit value lower than 40 € H.T are guaranteed only throughout one 1 month as from the delivery date. The software, the books and the cartridges are not guaranteed by the salesman. The salesman only commits himself ensuring the replacement of the defective parts and the compensation for the damages of the goods provided to the purchaser by his care. The guarantee thus does not cover the expenses of labour, nor those which result from the operations of disassembling, reassembly and transport, except in the case of the standard exchange. Subject to the legal provisions, the responsibility for the salesman is strictly limited to the obligations defined in the present conditions or, if necessary, the conditions expresses. If the purchaser would turn over products which were not provided by the salesman, this one cannot in no case to be held for person in charge for the material and immaterial damages which would intervene during the breakdown service. The salesman cannot be responsible with the guarantee voucher for the breakdowns or damage resulting directly or indirectly in the following cases: - Any storage without protection or prolonged. - Any negligence, error of connection or handling, maintenance and use of equipment nonin conformity with the technical specifications of the salesman or the manufacturer or, more generally a defective or awkward use. - Any addition of complementary device or accessory of the equipment or use of all parts necessary for the exploitation of the equipment nonin conformity to the technical specifications of the salesman or manufacturer. - Any modification or transformation mechanical, electronic, electric or different brought to the equipment or its devices of connection by any third person. In the event of bankruptcy or impossibility of supply of the manufacturer, the purchaser cannot be turned over against the salesman.
Article 9 - RESERVE OF PROPERTY Pursuant to the law of May 12, 1980, the transfer of property of the goods delivered to the purchaser will intervene only after integral payment of the price in the main thing and accessory or the cashing of the accepted drafts or other titles emitted for purposes of payment of the price. During the period running out of the delivery to the transfer of property, the risks of loss, flight or destruction are the responsibility of the purchaser. The inexecution by the purchaser of its obligations of payment, for some cause that it is, confers to the salesman the right to require the immediate restitution of the goods delivered to the expenses, risks and dangers of the purchaser. The purchaser engages, in the case of a legal procedure of rectification affecting his company, to take an active part in the establishment of an inventory of the goods being in his stocks and whose salesman asserts the property. Failing this, the salesman with the ability to make note the inventory by bailiff to the expenses of the purchaser. The salesman will be able to forbid the purchaser to proceed to the resale, the transformation or the incorporation of the goods in the event of delay of payment. To guarantee the payments not yet carried out and in particular the balance of the account of the purchaser in the writings of the salesman, it is expressly stipulated that the rights relating to the delivered but unpaid goods will refer on the goods identical coming from the salesman in stock in the purchaser, without it being necessary to charge the payments to a sale or given delivery.
Article 10 - AVOIDANCE CLAUSE In the event of non-observance of the one of the obligations of the purchaser by this one, the sale will be automatically cancelled and the goods will be restored with the so good salesman seems to him, without damage of all damages which the salesman could put forward with regard to the purchaser, under a 48 hours deadline after the setting in residence remains without effect. In this case, the salesman is authorized to claim with the purchaser a fixed allowance of 10% of the amount of the sale.
Article 11 - PAYMENT the payments must be carried out in such a way that the salesman can have the naps the day of the expiry. Except expressly written particular conditions or specific conditions granted to the customer undertaken after study of their file, the payments must be carried out by transfer with the order - bank card - or by cheque with reception of the material in conveying against-refunding. The salesman reserves the right to request a bank draft from the purchaser if the committed sums would be important. If the salesman would accept a payment by draft, the purchaser must return it to him accepted and domiciled within eight day. The expenses are the responsibility of the purchaser, in the absence of return of the draft accepted within the time mentioned, the payment will become immediately exigible. In the event of payment by instalments, expressly accepted by the salesman, the non-payment of only one expiry in its term will make immediately exigible totality from the price, whatever the conditions agreed upon before even if the expiries gave place to the establishment of acceptable drafts; it will be the same in the event of sale, of transfer, handing-over in hypothecation or raising of capital of its goodwill by the purchaser. The salesman can retain the delivery of the goods concerned until the representation of the guarantee. Any payment after the date of payment fixed could give place to the invoicing of penalties without a setting in preliminary residence of the purchaser being necessary. The amount of these penalties would be at least equivalent to that which would into force result from the application of a rate equal to 1,5 times the legal rate of interest to the day of the application of the penalties, without this clause not excluding from the complementary damages. The purchaser never can, with the reason for a complaint formulated by him, to retain totality or part of the sums which had by him, nor to operate a compensation. When the purchaser is late of payment total or partial of an expiry in his term, the salesman can of this only fact and without it being necessary for a setting in preliminary residence, immediately to suspend the deliveries, without the purchaser not being able to claim damages with the salesman. In the event of recourse by the contentious way, the salesman has the right to claim with the purchaser the refunding of the expenses of any kind related to the continuation.
Article 12 - CLAUSE Of ATTRIBUTION OF JURISDICTION All different relating to the formation, the execution and the suspension of the contractual obligations between the parts not being able to by amicable agreement give place to a payment, will be subjected to the jurisdiction of the Commercial court of Pontoise in the spring of which the seat of the salesman is, whatever and the accepted mode of payment conditions of sale, even in the event of call in guarantee or of plurality of the defendants, the salesman reserving the right to seize the Court territorialement qualified which the seat concerns the purchaser. This contract is governed by the French law. The application of the Convention of Vienna on the international attribution of goods is expressly isolated.
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