General conditions of sale and use
Legal Notice
The Company La Maison Du Tui Na (hereinafter the “Company”) is an SARL ANTHOLIP7 with share capital of 1,000 euros, whose head office is at 20 place Geoges Pompidou 93160 Noisy-le-Grand and registered in the Register of commerce and companies of Bobigny, under the number 882 685 738. The Company markets, to its Customers via its Website, the following products: Cosmetics and care.
General conditions of sale and use
I. About us
The Company La Maison Du Tui Na (hereinafter the “Company”) is an SARL ANTHOLIP7 with a share capital of 1,000 euros, whose head office is at 20 place Geoges Pompidou 93160 Noisy-le-Grand and registered in the Trade and Commerce Register. of Bobigny companies, under number 882 685 738. The Company markets the following products to its Customers via its Website: Cosmetics and care.
II. Preamble
The Company invites Users to carefully read these General Conditions of Sale and Use (hereinafter the “CGV/CGU”). Placing an Order implies acceptance of the General Terms and Conditions. The characteristics of the Products are indicated on the Website. It is up to the Customer to take this into account before purchasing. The photographs or graphics presented on the Website are not contractual. The Customer acknowledges having read them and accepted them by checking the box provided to do so before placing their Order online. The General Terms and Conditions govern the conditions under which the Company sells its Products to its Professional and Consumer Customers via its Website. They apply to all sales concluded by the Company and are binding on any contradictory document, in particular the Customer's general conditions of purchase. They are systematically communicated to the Customer who requests them. In the event of a subsequent modification of the General Terms and Conditions, the Customer is subject to the version in force at the time of their Order.
III. Definitions
“Customer” means the Professional or Consumer who has placed an Order for a Product sold on the Website;
“Order” means any order placed by the User registered on this Site;
“General Conditions of Sale and Use” or “CGV/CGU” designate these general conditions of use and online sale;
“Consumer” means the buyer who is a natural person who is not acting for professional needs and/or outside his professional activity;
“Products” means material things which may be the subject of appropriation and which are offered for sale on this Site;
“Professional” means the buyer, legal or natural person who acts within the framework of his professional activity;
“Site” means this website, i.e. www.lamaisondutuina.fr;
“Company” means the Company La Maison Du Tui Na, more fully described in Article I hereof;
“User” means any legal or natural person who uses this Site;
IV. Registration
Registration on the Site is open to all legal or natural persons of legal age and enjoying their full personality and legal capacity. Use of the Site is conditional on the registration of a User. Registration is free. To register, the User must complete all mandatory fields; Otherwise, registration cannot be completed. Users guarantee and declare on their honor that all information communicated on the Site, particularly during their registration, is accurate and compliant. They undertake to update their personal information from the page dedicated to them and available in their account. Every registered User has a username and password. These are strictly personal and confidential and must under no circumstances be communicated to third parties under penalty of deletion of the account of the offending Registered User. Each Registered User is personally responsible for maintaining the confidentiality of his or her username and password. The Company will under no circumstances be held responsible for the theft of a User's identity. If a User suspects fraud at any time, he or she must contact the Company as soon as possible, so that the latter can take the necessary measures and regularize the situation.
Each User, whether a legal or natural person, can only hold one account on the Site. In the event of non-compliance with the General Terms and Conditions, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to proceed with the temporary or permanent deletion of all accounts created by the 'Infringing user.
Deleting the account results in the permanent loss of all benefits and services acquired on the Site. However, any Order placed and invoiced by the Site before the deletion of the account will be executed under normal conditions.
In the event of deletion of an account by the Company for failure to fulfill the duties and obligations set out in the General Terms and Conditions, the offending User is strictly prohibited from re-registering on the Site directly, using another email address. or by an intermediary without the express authorization of the Company.
V. Orders
Any Order can only be placed when the User has registered on the Site. The User, when logged into his account, can add Products to his virtual basket. He can then access the summary of his virtual basket in order to confirm the Products he wishes to order and place his Order by pressing the “Order” button.
He must provide an address, a delivery method as well as a valid payment method in order to finalize the Order and effectively form the sales contract between him and the Company. Finalizing the Order implies acceptance of the prices of the Products sold, as well as the delivery terms and times indicated on the Site.
Once the Order has been placed, the User will receive confirmation by email. This confirmation will provide a summary of the Order as well as relevant information relating to delivery. Placing an Order constitutes the conclusion of a distance sales contract between the Company and the Customer. The Company may provide the Customer with price reductions, rebates and rebates depending on the number of Products available on the Site ordered or depending on the regularity of the Orders, according to the conditions set by the Company.
VI. Products and prices
The Products subject to the General Terms and Conditions are those which appear on the Site and which are sold and shipped directly by the Company.
The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale takes place within the limits of the Company's available stocks. The latter cannot be held responsible for stock shortages or the impossibility of selling a Product for which there is no stock.
When a Registered User wishes to acquire a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, all taxes included (TTC), excluding shipping costs and takes into account applicable reductions and in force on the day of the Order. The price indicated does not include delivery costs which will be detailed if applicable in the summary before placing the Order. If the total cost of the Products cannot be calculated in advance, the Company will send the Customer a detailed quote setting out the price calculation formula.
Under no circumstances will a User be able to demand the application of reductions that are no longer in effect on the day of the Order.
All our gift cards are valid for 6 months from the date of purchase. If the expiry date has passed, it is possible to extend the gift card for 3 months, from the expiry date, at a cost of €10. This extension only applies to gift cards whose expiry date is less than 6 months after the date of purchase. Beyond this period, it will be impossible to benefit from the treatment or to make a refund.
All our subscriptions are valid for 1 year from the date of the first treatment. All treatments must be carried out in the same center. If the expiry date has passed, it is possible to extend it by 3 months, from the date of the first treatment, at a cost of €10. This extension only applies to subscriptions whose expiry date is less than 6 months after the date of the first treatment. Beyond this deadline, it will be impossible to benefit from the remaining sessions or to make a refund.
If you send a gift card in PDF format by email, you are asked to print this voucher in order to present it at the show reception. Without presentation of this printed gift card, it will be impossible to benefit from the treatment offered.
VII. Payment Terms
Unless otherwise agreed, all sales are paid in cash at the time the Order is placed.
Depending on the nature or amount of the Order, the Company remains free to require a deposit or payment of the entire price when placing the Order or upon receipt of the invoice. Payment can be made by:
- Bank card via a secure connection.
In the event of total or partial failure to pay for the Products on the date agreed on the invoice, the Professional Customer must pay the Company a late payment penalty, the rate of which is equal to the rate charged by the European Central Bank for its increased refinancing operation. by 10 percentage points. The financing transaction selected is the most recent on the date of the Order for the Services. In addition to late payment compensation, any sum, including the deposit, not paid on its due date by the Professional Customer will automatically result in the payment of a lump sum compensation of 40 euros due for recovery costs.
In the event of total or partial failure to pay for the Products on the date agreed on the invoice, the Consumer Customer must pay the Company a late payment penalty at a rate equal to the legal interest rate. No compensation can be made by the Customer between penalties for delay in the supply of the Products ordered and sums owed by the Customer to the Company for the purchase of Products offered on the Site.
The penalty owed by the Customer, Professional or Consumer, is calculated on the amount including tax of the remaining sum due, and runs from the due date of the price without any prior notice being necessary.
VIII. Delivery
The Products are delivered exclusively to the following geographic areas:
- Metropolitan France, Corsica .
The Company undertakes to make all material and human efforts to have the Products delivered as quickly as possible. These may vary depending on the Customer's geographical area, the delivery method chosen or the Product ordered.
If the 15-day delivery deadline is exceeded, except in cases of force majeure, the Customer may request termination of the contract by registered letter with acknowledgment of receipt, after having instructed the Company, according to the same terms and conditions. , to make delivery within a reasonable additional time, and if the Company has not complied.
In this case, the Customer will be reimbursed within 30 days if a payment has already been made.
In the event that delivery is impossible, due to an error in the address indicated by the Customer, the Company will contact the Customer as quickly as possible in order to obtain a new delivery address and any additional delivery costs will be on client fee. Furthermore, the Company cannot be held liable for reasons linked to exceeding delivery times:
- during periods of high demand, such as end-of-year holiday periods,
- for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible event beyond its control,
- for facts attributable exclusively to the carrier responsible for delivery. Delivery is made, according to the Customer's choice and according to the prices indicated on the Site:
- to the address indicated by the Customer when placing the Order by regular post.
- at one of our partner points as indicated on the Site. To collect the Products, a valid identity document will be required. Otherwise, the Products ordered cannot be delivered to the Customer.
- by So Colissimo . Delivery is made by La Poste according to its current deadlines. The Customer may be delivered:
- at his home with personal delivery. In case of absence, delivered to mailboxes or post office. If the Customer has not come to collect it within 10 days, the package will be returned to the sender.
- at home by appointment.
- in one of the 35 Cityssimo parcel centers 7 days a week, 24 hours a day, within 10 days.
- in the post office of your choice within 10 days.
- at one of So Colissimo's partner merchants.
- in one of the Company's stores, chosen by the Customer at the time of their Order.
- by the company UPS according to its current delivery times.
- by the company DHL according to its current delivery times.
IX. Claim
For all Orders placed on this Site, the Customer has a right of complaint of 15 days from delivery of the Product. It is his responsibility to check the apparent condition of the Products upon delivery. In the absence of reservations expressly expressed upon delivery, the Products are deemed to comply with the Order. To exercise this right of complaint, the Customer must send the Company, to the address lamaisondutuina@gmail.com , a declaration in which he expresses his reservations and complaints, accompanied by the relevant supporting documents (receipt slip countersigned by the carrier , photographs, etc.) A complaint that does not comply with the conditions described above cannot be accepted. The Company will repair, replace or reimburse the Product or its components as quickly as possible and at its expense, subject to the material possibility of repairing the Product or its availability in stock.
X. Consumer's right of withdrawal
The Consumer has a right of withdrawal of 15 days from the placing of the Order, except for the products mentioned in article L.121-21-8 of the Consumer Code. To exercise this right of withdrawal, the Consumer sends a declaration to the address: lamaisondutuina@gmail.com
The Products must be returned in their original packaging and in perfect condition within 15 days from notification of withdrawal to the Company by the Consumer. Direct return costs remain the responsibility of the Consumer.
The entire fee paid for placing the Order will be refunded within 14 days of the Company becoming aware of its declaration of withdrawal. The refund will be made by the same means of payment as that used for purchase.
XI. Transfer of risks and ownership
The Company retains ownership rights over the Products sold until full payment of the price by the Customer. It can therefore repossess said Products in the event of non-payment. In this case, the deposits paid will remain with the Company as compensation.
For Professional Customers, the transfer of risks to the Customer occurs as soon as the goods are handed over to the carrier by the Company. For Consumer Customers, the transfer of risks takes place upon delivery or upon collection of the goods from the store when the Customer has chosen in-store delivery.
XII. Legal guarantees
The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
Article L.211-4 of the Consumer Code: “The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.”
Article L.211-5 of the Consumer Code:
“To comply with the contract, the property must:
1° Be suitable for the use usually expected of a similar good and, where applicable: - correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or of model; - present the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.”
Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it not acquired, or would have given only a lower price, if he had known them."
Any Product resold altered, modified or transformed is not covered by the warranty.
This is limited to the replacement or reimbursement of non-compliant or defective Products. It is excluded in the event of misuse or abnormal use of the Product as well as in the event that the Product does not comply with the legislation of the country in which it is delivered.
The Customer must inform the Company of the existence of the defects within two years. The Company will have Products found to be defective rectified to the extent possible. If the Company is held liable, the guarantee is limited to the amount excluding tax paid by the Consumer for the supply of the Products.
The replacement of the Products does not have the effect of extending the duration of the warranty.
XIII. Changes
The Company reserves the right to modify the Site, the General Terms and Conditions as well as any delivery procedure or other element constituting the services provided by the Company through this Site. When an Order is placed, the User is subject to the stipulations set out by the General Terms and Conditions in force at the time of placing the Order.
XIV. Computers and Freedoms
In accordance with the law of January 6, 1978, the personal data requested from the Customer are strictly necessary for the processing of their Order. They may be communicated to partners responsible for executing Orders. The User may therefore receive information or commercial offers from the Company or its partners.
This data processing has been declared to the CNIL.
In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by mail and in providing proof of identity, to the following address: boutique@lamaisondutuina.fr. The User may at any time object to the receipt of commercial offers, by writing to the address indicated above, or by clicking on the link provided for this purpose in the emails received.
To allow its Users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, the Company may install a cookie on the User's computer. This cookie allows information relating to navigation on the Site to be stored, as well as any data entered by Users (in particular searches, login, email, password). The User expressly authorizes the Company to place a so-called “cookie” file on the user’s hard drive. The User has the option of blocking, modifying the retention period, or deleting this cookie via their browser interface. If the systematic deactivation of cookies on the User's browser prevents them from using certain services or features of the Site, this malfunction cannot in any way constitute damage to the member who will not be able to claim any compensation as a result.
XV. Responsibility
The Company cannot under any circumstances be held responsible for the unavailability, whether temporary or permanent, of the Website and although it uses all its means to permanently ensure the service, it may be that this -this may be interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any updating, improvement or maintenance operation.
As previously mentioned herein, the Company cannot under any circumstances be held responsible for delivery delays for reasons beyond its control, beyond its control, unforeseeable and irresistible or for which the fault cannot be attributable to it.
XVI. Intellectual property
The brand, the logo, and the graphic charter of this Site are trademarks registered with the INPI and intellectual works protected under copyright, the ownership of which rests exclusively with the Company. Any distribution, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal prosecution.
XVII. Jurisdiction clause
The law governing the CGV/CGU is French law. Any dispute that may arise between the Company and a User during the execution of these terms will be the subject of an attempt to be resolved amicably. Failing this, disputes will be brought to the attention of the competent courts of common law.
XVIII. Acceptance of the CGV/CGU
The Customer or User expressly accepts the CGV/CGU. The Customer declares to be aware of it and waives the right to rely on any other document, in particular its own general conditions of purchase.
The Consumer acknowledges having been aware of the information and information provided for in articles L.111-1 to L.111-7 of the Consumer Code, and in particular:
- the essential characteristics of the Product;
- The price of the products ;
- the date or deadline by which the Company undertakes to provide the Service;
- information relating to the identity of the Company (postal, telephone, electronic contact details);
- information relating to legal and contractual guarantees and their implementation methods;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information relating to the right of withdrawal (deadline, terms of exercise)