CGU
GENERAL CONDITIONS OF USE
LASHILEBEAUTY.COM
http://www.LASHILEBEAUTY.COM
Version in force at 01/12/2018
- Customer: User having placed order.
- Data: all information provided by the User, including those provided during the order where appropriate, under its full responsibility and appearing on the servers administered by LASHILÉ BEAUTY
- Products: all products marketed by LASHILÉ BEAUTY on the site www.lashilebeauty.com.
- Services: refers to all services provided by the company LASHILÉ BEAUTY to a User and available on the site www.lashilebeauty.com.
I / GENERAL
1.1 Legal identifications
The site www.LASHILEBEAUTY.com is published by the company FULL STORE UNLIMITED LASHILÉ BEAUTY, SAS with a capital of 20,000 euros, registered in the register of companies of MARSEILLES under the number Siret 83346416700018 - APE4791B, residing at 148 TRAVERSE DE LA MARTINE PARC TERTIAIRE DE LA VERRERIE - BAT B2 - 13011 MARSEILLE
represented by Mr. Assouline Yoann, President.
1.2 Scope of application§ These general conditions of use of services (hereinafter the "GCU") apply to any commencement of use of the Site published by the company FULLSTOREUNLIMITED (hereinafter referred to as "LASHILÉ BEAUTY"), by Users (hereinafter referred to as "Users"), whether they are individuals or professionals, regardless of the clauses that may appear on the documents of the User, unless expressly accepted in writing by LASHILÉ BEAUTY. The fact that LASHILÉ BEAUTY does not prevail, at a given time, any of these clauses can not be interpreted as a waiver of any of these conditions later.
1.3. Acceptance
The present GCU are expressly agreed and accepted by the User, who declares and acknowledges having a perfect knowledge of them, and thus renounces to take advantage of any contradictory document and, in particular, his own general conditions of purchase. The present GTC are opposable during the entire duration of use of the services offered on the Site and until new GTC replace the present ones.
1.4 Changes
LASHILÉ BEAUTY reserves the right to modify these Terms, according to the technical evolution of the Sitewww.LASHILÉBEAUTY.com or its offers of Services, or due to changes in legislation, at its sole discretion. In general, the use of the Site is always subject to the most recent version of the GCU posted on the Site and accessible to the User at the time of this use. It is the User's responsibility to consult the TOS on the Site as often as necessary.
1.5. Definitions
The terms defined below, whether in the singular or plural, will have the following meanings in these GTUs:
- Site: the Internet site located at the URL address www.lashilebeauty.com.
- User: any natural person visiting the Site, including Customers and Visitors.
- Visitor: any natural person who has not yet placed an order on the Site and who comes to consult it.
2.1. Purpose - General description of the Services
II/ APPLICATION OF THE GENERAL CONDITIONS OF USE WWW.LASHILEBEAUTY.COM
The present General Conditions of Use define the conditions of access to the www.lashilebeauty.com site, like the methods of use of its functionalities. The User engages by its simple access to the Site to respect without reserve the whole of these General Conditions. This measure is valid a fortiori for any User benefiting from the paying or free services of the Site and which could not benefit without preliminary and express acceptance. The use of the Services implies that the User has an Internet connection and adequate computer equipment whose costs are independent of the Service offered by LASHILÉ BEAUTY. As part of the use of Services, LASHILÉ BEAUTY may be required to send the User having placed an order a certain amount of information (newsletter, emails, etc..). This information is an integral part of the subscription to the Services, they can not be refused except in case of subsequent unsubscription of the User. The User agrees not to attempt to access the Services by other means than the interfaces provided by LASHILÉBEAUTY for this purpose.
2.2. Territories
This Site is open to all countries of the world, the delivery of products is only in France (Metropolitan), Europe and Dom Tom. In the event that this Site, the services it offers or the manner in which they are offered are, in whole or in part, illegal under the national law of the User's place of residence, it is up to the User to renounce access to them from this territory or to access them from other territories where they are deemed legal. The User who chooses to access the platform www.lashilebeauty.com from a territory where it is deemed in whole or in part illegal does so on his own initiative, at his own risk and it is his responsibility to assume the consequences of the application of the rules of public order of his country of residence, without imputing responsibility to LASHILÉ BEAUTY.
III/ USE OF THE SITE
3.1 Subscription to the Services
Users are the only subscribers to the Services hereunder. The subscription to the Services provided by LASHILÉ BEAUTY via the platform www.lashilebeauty.com is done online on the site www.lashilebeauty.com after the process of providing personal information of the User provided in the order forms. To this end, the User undertakes to fill in in good faith all the data entry fields appearing in the order forms, in particular his e-mail address and his delivery address. The User declares that he/she is perfectly aware that only the fields followed by an asterisk are mandatory and condition his/her access to the Services. It remains that he undertakes to fill in good faith, in addition to the required fields, all the fields he voluntarily filled in which an indicative list is provided above. LASHILÉ BEAUTY reserves the right to refuse a request for registration to the platform from any individual who does not agree to comply with the Terms of Use or does not fill in the mandatory fields in full or in good faith or does not provide all the documents that may be requested. By registering, the User certifies that he/she
- To freely dispose of his consent
3.2. General description of the Services
The Site offers Users a service of purchase, secure payment and delivery of Products (food supplements) to be used as part of a healthy lifestyle and not to be used as a substitute for a varied and balanced diet.
3.3 Customer account
3.3.1. Availability
After acceptance of the offer by the Customer, LASHILÉ BEAUTY will automatically create an account in the name of the Customer and will send him an e-mail containing his connection parameters, namely his e-mail and a randomly chosen password. Customers can access their personal Customer Account by activating the connection settings (email address and password sent by LASHILÉ BEAUTY), which are activated from the configuration by LASHILÉ BEAUTY of their Customer Account. It is the responsibility of the Customer to verify the validity of the e-mail address provided in the order form of the Products insofar as this e-mail is an element of identification of the Customer Account. In case of incorrect e-mail address, it may be that the Customer is unable to access his account without the responsibility of LASHILÉ BEAUTY. It is the responsibility of each Customer to change the confidential code transmitted by LASHILÉ BEAUTY at the time of creation of his Account and ensure that his code is composed of letters and numbers of sufficient length.
3.3.2. Responsibility for connection settings
Each Customer is obliged to maintain the confidentiality of his connection parameters (login and password). He is responsible for all their uses, whether or not he has actually or expressly authorized them. The Customer is prohibited from assigning, lending or transferring his connection parameters to any third party or allowing any third party to connect to his account.
The Customer also undertakes to :
- Immediately notify LASHILÉ BEAUTY in the event of misuse of its connection settings or account or in the case of any other breach of security
- make sure to have left his account at the end of each session of use via the link "Logout" provided for this purpose.
3.3.3. Content of the Customer Account
It is specified that LASHILÉ BEAUTY has no property rights on the data or information that the Customer submits to the Service when using it (the "Data"). The Customer is solely responsible, and not LASHILÉ BEAUTY, for the accuracy, quality, legality and reliability of all Data. LASHILÉ BEAUTY shall only be liable for the deletion, correction, destruction, damage, loss or failure to store any Data that is not the result of its direct fault and is not the result of the enforcement of a court order or the Customer's breach hereof. In case of termination of this Contract, LASHILÉ BEAUTY undertakes to delete the Customer's data for which it has not acquired the rights, within a period of 1 year following the effective date of termination.
3.4. License to use the elements of the Site
LASHILÉ BEAUTY grants the User, who accepts, a non-exclusive, non-assignable and non-transferable license to use the Services granted by LASHILÉ BEAUTY within the strict limits of the purpose of these Terms, namely the delivery of Services.
As such, Users are expressly prohibited :
- Sell, transfer, publish, present, disclose or make available to third parties any of the services or content made available by LASHILÉ BEAUTY under these ;
- - Practice or attempt to practice reverse engineering, decompile or disassemble elements of the Site;
- - Remove the identification and property of LASHILÉ BEAUTY;
- - To publish, unless prior written consent of LASHILÉ BEAUTY, any test or analysis of performance or evaluation relating to LASHILÉ BEAUTY or its Site;
- - To access the source codes of software that make up the Site LASHILÉ BEAUTY;
- - Use or copy the elements of the Site LASHILÉ BEAUTY in any other manner not expressly authorized by these terms.
3.3. License to use the elements of the Site
LASHILÉ BEAUTY grants the User, who accepts, a non-exclusive, non-assignable and non-transferable license to use the Services granted by LASHILÉ BEAUTY within the strict limits of the purpose of these Terms, namely the delivery of Services. As such, Users are expressly prohibited :
- Sell, transfer, publish, present, disclose or make available to third parties any of the services or content made available by LASHILÉ BEAUTY under these ;
- Practice or attempt to practice reverse engineering, decompile or disassemble elements of the Site;
- Remove the identification and property of LASHILÉ BEAUTY;
- To publish, unless prior written consent of LASHILÉ BEAUTY, any test or analysis of performance or evaluation relating to LASHILÉ BEAUTY or its Site;
- To access the source codes of software component of the Site LASHILÉ BEAUTY;
- To use or copy the elements of the Site LASHILÉ BEAUTY in any other manner not expressly authorized hereby.
- not to use the technique of deep linking, that is to say that the pages of the Site should not be nested within the pages of another Site, but accessible by opening a window.
- mention the source, which will point directly to the content in question by means of a hypertext link.
IV/ USER GUARANTEES - LIABILITY
The User undertakes to have the power, authority and capacity necessary to enter into and perform the obligations provided for herein. The User undertakes to comply with these General Conditions of Use. The User also acknowledges that he is responsible for all activities or practices carried out from the Site or through the Services rendered by LASHILÉ BEAUTY and agrees to comply with all applicable local, state, national and foreign laws, regulations and treaties, including those relating to the protection of personal data, international communications and transmission of technical or personal data, files, freedoms and intellectual property, as well as the rights of third parties.
V/ USERS' OBLIGATIONS REGARDING INTELLECTUAL PROPERTY
All Users are strictly bound to respect the rules set out below, whose violation will result in the automatic termination of his subscription to the Services. LASHILÉ BEAUTY also reserves the right to prosecute any User who is the author of an infringement that the company considers particularly serious.
5.1. Respect for copyright - Links (belonging to LASHILÉ BEAUTY or its Partners)
This Site respects the copyright, as well as neighboring rights such as the rights of producers of databases, as well as the copyright on the software that makes up the Site hereinafter the "copyright". All copyrights of the protected works reproduced and communicated on this Site are reserved for the whole world. Unless authorized, any use of the works other than individual and private reproduction and consultation is prohibited.
5.1.1. Reproduction on paper
The reproduction (printing) of the pages of this Site on paper is authorized for strictly private and non-commercial use.
5.1.2. Reproduction on electronic media
The reproduction of all or part of this Site on an electronic medium is prohibited. Creation of links to http://www.lashilebeauty.com. The Site LASHILÉ BEAUTY authorizes the establishment of a hyperlink pointing to its content, subject to :
- The information used must be for personal, associative or professional purposes;
- any use for commercial or advertising purposes is excluded unless expressly agreed by LASHILÉBEAUTY
- these authorizations do not apply to websites disseminating information of a controversial, pornographic, inciting racial hatred or any form of discrimination or may, to a greater extent, affect the sensitivity of the largest number.
- For other uses, please consult LASHILÉ BEAUTY.
- Last Name
- First name(s)
- Civility
- E-mail address
- Complete physical address
- Telephone number
The operation of the Site may involve the collection of a certain amount of personal data from Users. The main purpose of this collection is the proper display of the Site on the user's screen and the establishment of general statistics of attendance. The collection of certain personal data may be made by the use of "cookies" files recorded by the server hosting the Site on the hard disk of the Visitor in order to facilitate his navigation on the Site or to establish general static data of the frequentation of the Site. Although they do not allow direct identification of the Internet user, they are considered by the CNIL as personal data. The information collected in this way are not Links inserted on http://www.lashilebeauty.com pointing to other sites:
This Site may contain links to third party websites that are not controlled by LASHILÉ BEAUTY. LASHILÉ BEAUTY is in no way responsible for the content of other websites that the User may access from the Site. When the User accesses a website other than that of LASHILÉ BEAUTY, he does so at his own risk and LASHILÉ BEAUTY will not be responsible for the accuracy or reliability of the information, data, opinions, advice or statements made on this other site, nor for the quality of the services offered there. LASHILÉ BEAUTY provides these links for convenience only, and the existence of these links in no way implies that LASHILÉ BEAUTY bears or accepts responsibility for the content or uses of these websites.
5.2. Limitations of rights
LASHILÉ BEAUTY is the owner or licensee of intellectual property rights both the general structure of the Site and its content. The User acknowledges and agrees that access to the Website and Services made available by LASHILÉ BEAUTY does not involve any transfer or concession of intellectual property rights (including trademark rights or copyrights) and other rights to the benefit of the User. Access to the Services is exclusively limited to the use of the User under the conditions and within the limits defined in the present General Conditions. Thus, in addition to what is stipulated in paragraph 6.1.The User acknowledges and agrees that the use granted by LASHILÉ BEAUTY, under the access to its Services and their content, excludes access to the Services for reproduction, resale, exchange, rental, modification, adaptation, correction, and both for free or against payment, all or part of the Website, Services, and their content protected by trademark law, or by any other intellectual property right. None of the stipulations of the present GTU can be interpreted as a transfer or a license of one of these rights to the benefit of the User. Indeed, the latter has only the right to use for its own account the services offered, if necessary to resell them but, in any case, the User guarantees LASHILÉ BEAUTY against any infringement of the rights mentioned above by its own act.
VI/ PERSONAL DATA
You can read all the information about the treatment made by LASHILE BEAUTY in our privacy policy online
7.1. Principle and definition
VII / FORCE MAJEURE
The occurrence of a case of force majeure will have the effect of suspending the performance obligations of the party victim of the event, under the conditions set by the applicable legal provisions.
7.2. Implementation
In the event of the occurrence of such a force majeure event, the obligations of this Agreement shall be suspended. If the force majeure event continues for a period of more than one month, these general conditions may be terminated, with relative effect, by either of the Parties upon receipt by the other of a registered letter.
XIII/ GUARANTEES AND EXCLUSIONS OF GUARANTEES OF LASHILÉ BEAUTY
8.1. Primarily:
LASHILÉ BEAUTY shall not be held liable, either civilly or criminally, in the event of a false declaration by the User. LASHILÉ BEAUTY does not guarantee in any way that (i) the platform http://www.lashilebeauty.com will meet all the requirements of the User, (ii) that the platform http://www.lashilebeauty.com will be permanently available without interruption, or without error. To the fullest extent permitted by applicable law, LASHILÉ BEAUTY can only be held liable for direct damages that are the result of a fault in the delivery of Services, directly attributable to LASHILÉ BEAUTY.
However, LASHILÉ BEAUTY will not be liable for any indirect and/or incidental damages (including loss of revenue, business interruption, time limitation, loss of opportunity or any other nature) resulting from the use or inability to use the platform http://www.lashilebeauty.com by the User.
8.2. Affiliation
LASHILÉ BEAUTY is likely to offer on its Site Services marketed by partners under an affiliation agreement, to which these general conditions of use are not applicable. Consequently, the User may not hold LASHILÉ BEAUTY responsible for any direct or indirect damage resulting from the use of a site or orders placed with its partners.
IX / INFORMATION - CLAIM
Any complaint or request for information on the Use of the Site, should be addressed to LASHILÉ BEAUTY through the Site by referring to the "Contacts", by phone by dialing +33.04.91.03.91.85
or by mail to the following address
FULL STORE UNLIMITED LASHILÉ BEAUTY, 148 TRAVERSE DE LA MARTINE PARC TERTIAIRE DE LA VERRERIE - BAT B2 - 13011 MARSEILLE
The response to the complaint will be made within 30 working days by post if the User expressly requests it. If at the end of this period, the User does not obtain satisfaction, he has the possibility of making a second request by way of notification by registered letter with acknowledgement of receipt. The processing of the request will not exceed one month from the date of receipt of the notification. In all correspondence, electronic or postal, addressed to LASHILÉ BEAUTY, the User undertakes to mention his name and surname, name, email address, the subject of his request, enclosing a copy if necessary, and his identifier to allow identification and processing of his requests. Any incomplete application can not be processed by LASHILÉ BEAUTY.
X/ GENERAL PROVISIONS
10.1. Tolerance
The fact that LASHILÉ BEAUTY does not prevail at a given time of any of these terms and conditions and / or tolerate a breach by the other party to any of the obligations referred to in these terms and conditions can not be interpreted as a waiver by LASHILÉ BEAUTY to avail itself later of any of the said conditions.
10.2. Divisibility
The invalidity of any of the clauses of these Terms of Use, including pursuant to a law, regulation or following a decision of a competent court passed into force of res judicata will not result in the invalidity of the other clauses which will retain their full effect and scope.
10.3 Headings
The headings of the articles of the GCU are only intended for ease of reference and do not by themselves have any contractual value or
contractual value or particular meaning.
XI/ APPLICABLE LAW AND JURISDICTION
11.1. The present GTU are exclusively subject to French law to the exclusion of any other legislation, even in the presence of Users residing or nationals of foreign countries. The official language of these GTU is French. The use of any other language is only indicative. In case of difficulty of interpretation, the Parties will refer only to the French text.
11.2 In accordance with the provisions of the Consumer Code on the amicable settlement of disputes, LASHILÉBEAUTY adheres to the Service of the Mediator of e-commerce FEVAD (Federation of e-commerce and distance selling) whose coordinates are: 60 Rue La Boétie - 75008 Paris - France http://www.mediateurfevad.fr. After prior written request from consumers to the LASHILÉBEAUTY, the Mediator Service may be referred to any consumer dispute whose settlement has not been successful. To find out how to refer to the Mediator, click here.
Mediation does not apply in the following cases :
- disputes between professionals ;
- complaints made by the User to the customer service of LASHILÉ BEAUTY or direct negotiations between the User and LASHILÉ BEAUTY (but a prior complaint from the User to LASHILÉ BEAUTY is nevertheless necessary to refer to the mediator) ;
- attempts at conciliation or mediation ordered by a court before the dispute;
- proceedings initiated by LASHILÉ BEAUTY against the User.
The User must, before any mediation, submit a written complaint directly to LASHILÉ BEAUTY. His request for mediation can not be examined by the mediator of consumption until he establishes that he has made this step. The request for mediation must then be introduced within one year from this written complaint, under penalty of inadmissibility.
A dispute cannot be examined by the Consumer Mediator when :
- the request is manifestly unfounded or abusive ;
- the dispute has been previously examined or is being examined by another mediator or by a court;
- the dispute does not fall within its field of competence;
If one of these cases applies, the mediator must inform the User of the rejection of his request within three weeks of receipt of his file.
11.3 If mediation is unsuccessful (where applicable), all disputes arising from these GTUs, concerning their validity, interpretation, execution, termination, consequences and their consequences, shall be submitted to the competent courts under the conditions of common law. In the event of a dispute with professionals and/or traders, the Commercial Court of Marseille shall have sole jurisdiction, subject to mandatory legal provisions granting jurisdiction to another jurisdiction.
Disclaimer:
The purchase on the Site is authorized to persons under 18 years of age, subject to the consent of the holder of parental authority. The Customer wishing to make a purchase on the Site must be in full knowledge of his state of health. Customers who are excessively thin or pregnant must refrain from using the Products on the Site. Customers with food intolerances or suffering from specific pathologies must remove from the products offered all those that may cause them any disorder whatsoever. In case of doubt about his state of health or about possible medical contraindications, the Customer undertakes to consult a doctor before any purchase on the Site.
Food supplements are not a substitute for physical exercise, nor should they be confused with medical and/or psychological follow-up or consultation. Similarly, food supplements must be used as part of a healthy lifestyle and not be used as a substitute for a varied and balanced diet or medication.
A cure of dietary supplements is no obligation of results, testimonials on the Site reflect only particular experiences. The testimonials on the site LASHILEBEAUTY.com have been sent by consumers of LASHILE BEAUTY. The Customer acknowledges that these testimonials are not a guarantee for its own results but tend to represent and illustrate potential results, obtained in the context of optimal use of food supplements LASHILE BEAUTY. The before and after photographs appearing on the Site are representations made from real testimonials of Customers sent by letter or e-mail to LASHILÉ BEAUTY by consumers of food supplements LASHILÉ BEAUTY Testimonials are not intended to represent reality, but only to illustrate the results that the Customer could potentially obtain through regular use of LASHILÉ BEAUTY products.