Terms and conditions of sale

Article 1 : DEFINITIONS

BELLE DE MAÏA: this term refers to the company that owns the brand VALCENA, a société par actions simplifiée (a simplified joint stock company) with capital of €514,150, intracommunity VAT number: FR42 489 786 087, registered in the Paris trade register (RCS) with number 489 786 087 and its head office located at 12, rue de la Paix 75002 Paris.

PRODUCT(S): this term refers to the cosmetics marketed by BELLE DE MAÏA and offered for sale on the WEBSITE.

BUYER: this term refers to the other contracting party, a natural person who is acting for non-professional purposes, who has ordered one or more PRODUCT(S) on the WEBSITE.

WEBSITE: this term refers to the VALCENA brand WEBSITE – www.valcena.com – which belongs to the Company BELLE DE MAÏA and on which the PRODUCTS are presented and sold to the BUYER. It is hosted by the Company OVH, with its head office located at 2 rue Kellermann, 59100 Roubaix, France, registered in the Lille Trade and Companies Register with number 537 407 926.

ORDER: this term refers to the sales contract concluded between BELLE DE MAÏA and the BUYER. All orders are placed with an obligation to purchase.

PARTY/IES: this term refers jointly or separately to the BUYER and/or BELLE DE MAÏA.

Article 2: SUBJECT MATTER

The purpose of these terms and conditions of sale is to define the terms and conditions under which BELLE DE MAÏA offers PRODUCTS for sale to BUYERS via its WEBSITE.

Therefore, any ORDER placed by the BUYER for one or more PRODUCTS constitutes prior full and complete acceptance, without reservation, of these terms and conditions of sale, which take precedence over any other document, except specific terms and conditions expressly agreed in writing by BELLE DE MAÏA.

The BUYER acknowledges that they have read these terms and conditions of sale carefully before placing their ORDER.

These terms and conditions of sale only apply to the online sale of PRODUCTS on the WEBSITE.

BELLE DE MAÏA may amend these terms and conditions of sale at any time. However, the terms and conditions of sale applicable to an ORDER for PRODUCTS placed by the BUYER on the WEBSITE are the terms and conditions that the BUYER accepts when placing the ORDER.

Article 3: SPECIFIC PROVISIONS FOR THE SALE OF PRODUCTS ON THE WEBSITE

Article 3.1: ACCESS TO THE SERVICE

The website is, in principle, permanently accessible to the BUYER 7 days a week, 24 hours a day, except in the event of a voluntary or involuntary interruption, in particular for maintenance purposes or due to force majeure. As the Company BELLE DE MAÏA is bound by an obligation to use its best endeavors, on account of its business activities, it cannot be held liable for any damage of any kind that may result from the website www.valcena.com being unavailable.

Article 3.1: PRESENTATION AND AVAILABILITY OF PRODUCTS

The PRODUCTS that BELLE DE MAÏA offers for sale are the products which appear on the WEBSITE, on the day on which the USER consults the WEBSITE, and while stocks last. The photographs illustrating the PRODUCTS are not contractual.
Before placing an ORDER, the BUYER can learn, directly on the WEBSITE, about the essential features of the PRODUCT(S) that they wish to order. In addition, if the BUYER wishes to obtain expert advice about the PRODUCTS, a Customer Service is available:
To contact Customer Service: contact@valcena.com

If any PRODUCTS are unavailable after placing the ORDER, the BUYER will be informed as soon as possible. BELLE DE MAÏA will deliver the ORDER without the unavailable PRODUCT. The amount that the BUYER paid for that PRODUCT will be refunded by BELLE DE MAÏA within 14 days following the incomplete delivery. If the total amount of the original ORDER enabled the BUYER to obtain a benefit (free delivery, gift, etc.), the refund of the unavailable PRODUCTS will not entail the loss of these benefits.

Article 3.2: PRICES AND PAYMENTS

The product prices are shown in euros (€) inclusive of all taxes, except the handling and shipping charges, the flat rate for which varies depending on the BUYER’s choice. They include the VAT applicable on the date of the ORDER. BELLE DE MAÏA reserves the right, which the BUYER accepts, to change its prices at any time, but the PRODUCTS will be invoiced based on the applicable prices at the time the ORDER is recorded, subject to the availability of those PRODUCTS.

The order shall be paid by credit card. The payments made will be secured by a data encryption process in order to prevent this data from being intercepted by a third party. The Company BELLE DE MAÏA shall not be held liable in the event of fraudulent use of the payment methods used. Within a period of three days following the order payment, a bank account debit request will be sent to the paying institution. In accordance with current regulations, the Company BELLE DE MAÏA does not store BUYERS’ bank account details.

Article 3.3: ORDER

A BUYER wishing to purchase a product or a service must:
• Complete the identification form, providing all the requested details,
• Complete the online order form by providing all the product references or services chosen,
• Confirm their order after checking it,
• Make payment according to the terms and conditions stipulated,
• Confirm their order and payment.

Confirming the order with an obligation to purchase implies that the BUYER accepts these terms and conditions of sale, acknowledges that they have read and understood them and waives their own terms and conditions of purchase or any other terms and conditions.

When the BUYER confirms their payment, an order summary will be sent to them by email, to the email address that the BUYER entered when providing their identification details, before placing an order. If the email address is entered incorrectly or, in general, the order summary is not received, the Company BELLE DE MAÏA cannot be held liable.

All the data provided and the recorded confirmation are proof of the transaction. Confirmation shall be deemed equivalent to a signature and acceptance of the operations carried out.

If the order confirmation is not received within 24 hours after the order was finalized, the BUYER can contact our Customer Service by emailing contact@valcena.com. If the BUYER has a question regarding previous orders, they can also contact the Company BELLE DE MAÏA using the same form.

Article 3.4: DELIVERY

Delivery is limited to mainland France and Corsica and will be provided according to the BUYER’s choice of delivery.

BELLE DE MAÏA undertakes to dispatch the ORDER within a period of 24 hours to 2 working days.

• Home delivery by Colissimo
Delivery charge based on your total order amount:
– Less than 60 euros: 6 euros
– 60 euros or over: free
Home delivery in 3-4 working days

• Pick-up point
Delivery charge based on your total order amount:
– Less than 60 euros: 7 euros
– 60 euros or over: free
Delivery in 2-3 working days to the pick-up point selected by the BUYER from the list

• Home delivery by Chronopost
Delivery charge based on your total order amount:
– Less than 60 euros: 12 euros
– 60 euros or over: free
Express Delivery in 1 working day, signed for

These delivery times are valid for orders placed before 11am and in-stock items.
Deliveries to Corsica take 1 more day than the delivery times specified in the table above.

The products will be delivered to the BUYER at the address provided in the information form completed by the BUYER when making the Purchase or creating an account.
BELLE DE MAÏA accepts no responsibility for delivery in the event of errors or omissions in the delivery address and the BUYER’s identity.
BELLE DE MAÏA accepts no liability in the event of a non-delivery or a delivery delay caused by force majeure, an act of a third party or a fault attributable to the BUYER.
In the event of a delivery delay, the BUYER shall inform Customer Service as soon as possible by emailing contact@valcena.com.

The flat rate will be applied and stated when the BUYER confirms the ORDER.
For any PRODUCT ORDER placed by the BUYER for €60 or over, the BUYER will not be charged the aforementioned handling and delivery charges for their delivery.

The PRODUCTS remain the property of BELLE DE MAÏA until full payment has been received.

Any promotional offers are valid according to the terms specified on the WEBSITE.

Article 3.5: WITHDRAWAL

Except in the specific event that the PRODUCTS do not conform to the ORDER, it is not possible to exchange PRODUCTS. If the BUYER changes their mind and wishes to exchange a PRODUCT that they ordered for a new PRODUCT, in accordance with their right of withdrawal, they must return the PRODUCT. It will be refunded but not exchanged. To receive a new PRODUCT, the BUYER must place a new ORDER on the WEBSITE.

In accordance with the law, the BUYER has the right to withdraw within 14 days of the delivery of the ORDER and return the PRODUCT(S) delivered for a refund. If the 14-day period expires on a Saturday, Sunday or a public holiday or other non-working day, it is extended until the next working day.

If the original ORDER amount enabled the BUYER to obtain a benefit (free delivery, gift, etc.), the returned PRODUCTS will only be refunded provided that the benefits are returned.
If the total amount of the returned items reduces the initial order amount below the free delivery threshold, that delivery charge will be deducted from the refund amount.

Returns must be sent in their original packaging and in perfect condition for resale to the following address: EDENCOS – Le CHENEROND – 39, route Nationale 7 – 69750 Dardilly, France. The BUYER shall cover the delivery cost for returning the package.

BELLE DE MAÏA reserves the right to reject the BUYER’s right of withdrawal for unsealed products, for hygiene and safety reasons.
For a BELLE DE MAÏA order withdrawal form, please make a request by email to contact@valcena.com

Article 3.6: DATA PROTECTION

The Company BELLE DE MAÏA respects your concerns about protecting your privacy and your personal data.
The information that BELLE DE MAÏA collects when the BUYER places an ORDER is required for ORDERS to be processed by BELLE DE MAÏA and its business partners.
BELLE DE MAÏA undertakes to protect the privacy of the personal data transmitted by the BUYER.

The information that the BUYER is requested to enter into the form when creating an account or making a PURCHASE is required to ensure that the ORDER is fulfilled correctly. In accordance with applicable laws in force the BUYER can demand that information about them which is incorrect, out of date or incomplete, or the collection, use or communication of which is prohibited, is modified, completed, clarified or erased. To exercise this right, the BUYER should write to contact@valcena.com. We reserve the right to use the statistics provided by the registration information forms completed by the BUYERS for the purpose or optimizing our service or our partners’ service.
The details that allow the BUYER to login to their account, such as the username and password, are personal and confidential. These details cannot be modified by a member of the Valcena team. The BUYER is the sole person responsible for using these identification details and must keep them secret. In no event can www.valcena.com be blamed for any disclosure by the BUYER. Any orders placed using the BUYER’s username and password are deemed to have been placed by the BUYER. In no event shall www.valcena.com be liable for damages arising from the BUYER’s disclosure of this personal and confidential data and, therefore, the use of this data by a third party. In any event, the Company BELLE DE MAÏA will not accept any liability for any damage of any kind.

Article 3.7: INTELLECTUAL PROPERTY

The WEBSITE is an intellectual work protected by Intellectual Property Law. The WEBSITE and each of the elements that compose it (such as, brands, logos, photographs, images, illustrations, texts, slogans, videos, etc.) are the exclusive property of BELLE DE MAÏA, the sole owner of the intellectual property rights and the related personality rights.
No right to use covering any of the intellectual property rights included on the WEBSITE will be assigned. BELLE DE MAÏA reserves the right to bring proceedings against any violation of its intellectual property rights.
The reproduction of all the documents published on the WEBSITE is only permitted for the exclusive purpose of information for strictly personal and private use. Any reproduction and/or representation, in whole or in part, or any use, adaptation or modification of the WEBSITE or of any of the elements that compose it, on any medium or in any form, for other purposes, including commercial purposes, is expressly prohibited.

Any reproduction and/or representation of the WEBSITE or of any of the elements that compose it requires the prior, express permission of BELLE DE MAÏA. Any unauthorized use constitutes an infringement subject to criminal penalties.

Article 3.8: DEACTIVATION OF A CUSTOMER ACCOUNT

In case of non-compliance with the obligations arising from the acceptance of these terms and conditions of sale, incidents regarding the payment of an order price, the provision of incorrect information when creating an account or acts likely to be detrimental to the interests of BELLE DE MAÏA, the Company reserves the right to deactivate the customer account. The Company also reserves the right to refuse to enter into a contract with a Customer who has been excluded or punished for such acts.

Article 3.8: DISPUTES

These Terms and Conditions of Sale are subject to French law (irrespective of the BUYER’s country of residence and the location in which the ORDER is placed).
Failing mediation, any dispute concerning the existence, interpretation, execution or termination of the contract between BELLE DE MAÏA and the BUYER will come under the exclusive jurisdiction of the French courts.

The consumer can seek the assistance of a consumer mediator under the terms provided in Title I of Book VI of the French Consumer Code. The list and precise content of this information is set by decree in the Council of State.
The Company BELLE DE MAÏA undertakes to inform the consumer, according to the procedures set by decree in the Council of State, of the contact details of the relevant, competent mediator or mediators.
The Company BELLE DE MAÏA is also required to provide this information to the consumer in the event that a dispute regarding a prior complaint brought directly to its services has not been settled.

 

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