General Terms & Conditions

 

The present Privacy Policy and Sale Terms and Conditions were last updated on February 27, 2015.

 

Recitals

 Under the present Privacy Policy and Sale Terms and Conditions (‘the Terms’), the terms beginning with a capital letter are hereunder defined at Article 1 Definitions.

 The use of the Website by any User, whatever the purpose of its use, visit or purchase, entails the agreement to and is governed by the present Terms, in their most recent update as available on the Website.

 Should any User disagree with any term of the Terms, such User shall remain free to unsubscribe from the Website and/or refrain from using it.

 The User hereby expressly agrees to grant Madine a free and non-exclusive license to use the User Content which is transmitted for publication on the Website  including texts, images, photographs, videos, comments and other data, irrevocably, for the whole world and for the duration of authors‘ rights, to use, to distribute, to reproduce, to adapt, to modify, to publish, to translate and to use in order to create a derivative work, to represent on any medium in any format, by any means known or to be known such User Content.

Moreover, any order of a Product placed through the Website entails the Client’s formal agreement to submit without reservation to the present Terms, in their latest update available on the Website.

 

ARTICLE 1 - DEFINITIONS

 

Client: User duly registered on the Website and purchaser of a Product through the Website, submitted to the present Terms.

Content: any and all text, image, photograph, music, video and any other form of data, comment, review, message, opinion and information displayed on the Website.

 Madine Content: Content that remains the sole propriety of Madine including trademarks, logos, distinguishing marks related to the Website and Madine, as well as the listed products, descriptions, images, videos and articles published on the blog.

 User Content: Content that is submitted and/or sent by the User to the Website, for which the User remains the sole proprietor of all intellectual property rights.

 Personal Data: data of a personal nature, including that of a nominative nature, related to the sole User, as defined under the Data Protection Act (1978).

 Data Protection Act: French Data Protection Act, n°78-17 dated January 6, 1978, including all subsequent amendments.

 Madine: the company named Madine SAS, incorporated under French Law with a share capital of 279.860 €, registered under the number 532 949 955 with the Paris Commercial Registrar, located at 40, Rue d'Aboukir – 75002 PARIS, France, publisher of the Website.

 Marketplace range of Products offered by the Vendors for sale through the Website;

 Products: items offered for sale on the Website, as listed hereafter but not limited to such list: perfumes, cosmetics, accessories, home items and clothes, in compliance with the applicable regulations offered for sale on the Website and/or the Market Place.

 Website: websites found under the following addresses www.thebeautyst.com and www.fr.thebeautyst.com, of social networks, content share and e-commerce sites published by Madine ;

 User: web user browsing the Website, registered with the Website and/or Client of the Website.

 Vendor : Madine’s partner company using the Service.

 

ARTICLE 2 – Amendments to the Terms

The access and use of the Website are submitted to the present Terms such as they are permanently available online at the following address: http://www.thebeautyst.com/cgv.html. These Terms are accessible in digital format allowing printing and/or downloading, so that the Client may be able to copy or save them. It is acknowledged that such Terms may be amended at any time and without prior notice by Madine. Any amendment to the STC becomes binding as soon as it becomes available online. Any Client is therefore encouraged to read the present STC upon any visit in order to ensure knowledge of the most recent update of the available document.

 

Article 3 – Registration

3.1. Capacity

In order to use the Website, the User shall be 18 years old or above. In order to place an order on the Website, the Client shall also be legally capable and granted parental authorization to place an order on the Website. When registering on the Website, the User shall give Madine the information requested online and according to his/her situation, such as name, surname, address, phone number and valid email address. The Client shall be remain liable of any consequence that should arise from giving false or wrong information, or in case such information should not be legally given. The Client may change his personal information by accessing "My account" on the Website.

3.2 Registration and password

Access to the Website is submitted to the use of a password. The User shall keep his/her password safe from unauthorized third-parties. Madine shall remain free to refuse a registration without prior motivation. Any User is entitled to only one account on the Website. Multiple registrations shall automatically be deleted by the Website administrators.

 

Article 4 – Personal Data Protection

4.1 Automatic processing

Madine shall only use the Users' Personal Data to operate its Website. Collected Personal Data shall be processed by computer, the Client acknowledges this fact. The Client is informed that such automatized process of data is submitted to a declaration to CNIL (1533718).

4.2 Purpose

Madine collects Personal Data from its Users as well as data which do not enable any identification such as the number of browsers on a page, in particular for the purpose of improving the Website functionalities. Madine shall store information related to the User profile and shall use it only internally in particular to implement market research.

Collected Personal Data are necessary to process orders, reinforce and personalize communication with Users, in particular through emails and with regards to the Website personalization and the commercial offers displayed by Madine or its associates depending on the Users' noted preferences.

4.3 Communication of Personal Data

Madine informs its Users that it may communicate the Personal Data to sub-contractors and providers in order to ensure completion of orders outside of the European Union.

The Users' contact details shall be used according to their preferences chosen when registering.

Madine may also communicate Personal Data further to an injunction or an order issued by a court or a legal authority.

4.4 Payment details

The Users' payment details shall not be communicated to Madine. Such details are securely communicated solely to the company UE Adyen

Adyen BV

Simon Carmiggelstraat 6-50

1011 DJ Amsterdaam

PO Box 10095 10095

1001 EB Amsterdam

The Netherlands

T + 31 20 240 1240

E amsterdam@adyen.com

Article 4.5– Right of access, modification, suppression and opposition

Pursuant to the Data Protection Act, the User may however refuse to receive any unsolicited document of an advertising nature for the purpose of commercial prospection through email, by ticking the appropriate box online. In accordance to the Data Protection Act, the User may access and modify his/her Personal data within Madine's files. Any request shall be addressed by email to the following address: contact@thebeautyst.com, or by Postal service to the following address: Madine SAS, 12 avenue de Versailles, 75016, Paris, France.

 

Article 5 – Cookies

Madine may use cookies files left in the computer of the Website Users. A cookie is a text file that a website transfers on the hard-drive of a User's computer, in order to store information related to his/her visits or preferences. Such cookies also enable Madine to collect information related to the rate of frequentation of the Website and draw up commercial statistics.

The use of cookies by websites is an industrial standard. Cookies do not in any way allow personal identification of Users, even though they allow identification of the computer. Most browsers accept cookies by default.

The Visitor may oppose the saving of cookies by configuring his/her browser. Every browser being different, the Visitor shall access the "Help" menu of his/her browser in order to know how to modify the cookies preferences. However, some of the Website functionalities may not be used if the User refuses to install the cookies.

The Website uses cookies. Such cookies saved in the User's computer expire after 30 days.

 

Article 6 – Social networks

The Website uses plug-ins from social networks. When a User connects to the Website through his/her account on a social network, the Website receives information related to the User profile which are publicly available.

Social networks include but are not limited to: Facebook, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. When a User consults a Website page containing such a plug-in, his/her browser establishes a direct connection with the related social network servers.

The social network is informed that the User's browser accessed the related page, even if the User does not hold an account on such a social network, or if he/she is not connected to his/her social network account at the time. Such information is directly transmitted by the User's browser to a social network server and is saved therein.

If the User is connected to the social network when browsing on the Website, the social network may directly link such visit to the User account. If the User interacts through plug-ins, for instance by clicking on "I like" or by leaving a comment, such related information shall be transmitted and saved on a server of the social network. Such information shall be published on the User's social network account.

The User however may deactivate such options in the "My account" section of the Website.

 

Article 7 – Data  Integrity on the Internet

Madine shall endeavor to use all efficient means to ensure the safety of the Users' information. For this purpose, it shall resort to technical, physical and procedural control measures. However, considering the state of technologies, telecommunication networks, and hazards related to the information flow through Internet, Madine shall not guarantee the safety and integrity of the Data transmitted to the Website. The User acknowledges that he/she remains liable for the safety of his/her terminal and the network, and that Data transmission is undertaken at his/her own risks.

 

Article 8 – Content

8.1 User Content

The User may transmit a User Content including photographs, videos, articles, products and comments in order to be published on the Website. Such User Content may be transmitted to the Website after agreeing or automatically should the User choose to link his/her User to an account on a third-party social network such as Youtube, Instagram, or by establishing a link from his/her blog's RSS flow.

The User shall expressly avoid transmitting any illicit Content including content that would:

-        Infringe the laws on defamation, counterfeit, privacy or harmful to third-parties' rights, including all international laws applicable as regards the legality of Internet Content;

-        Be lewd, of a pornographic nature, threatening, violent, abusive, harmful to minors, or that would contain hate speech, discrimination, or would be contrary to public order, to morality, to privacy rights or would fall under the Criminal Code;

-        Contain or redirect to computer viruses or any other malware.

In this regard, Madine remains free to refuse any Content that shall be transmitted, at its own discretion. The Use retains all intellectual property rights regarding the User Content which he/she transmits and declares Madine free from any liability regarding the published User Content from its first publication.

By transmitting its Content to Madine, the User expressly grants Madine a free and non-exclusive license to use the User Content which is transmitted for publication on the Website, including texts, images, photographs, videos, comments, and other data, irrevocably, for the whole world and for the duration of author's rights, to use, to distribute, to reproduce, to adapt, to modify, to publish, to translate and to use in order to create a derivative work, to represent on any medium, in any format, by any means known or to be known, such User Content.

Madine remains free to stock and publish, erase, reduce, modify or amend the User Content, at its own discretion. The User shall not be entitled to any claim in damages in this regard.

The User acknowledges he/she is informed that part of the Website is funded through advertising and agrees that adverts shall be jointly displayed with the User Content. The modes of such joint publication with the User Content are not subject to the User's prior agreement and may be modified at any time.

Besides, the User acknowledges and expressly agrees that any User Content transmitted and published on the Website, and therefore published on a publicly accessible space, may indefinitely remain accessible to the public.

Madine may, without prior notice, terminate the User subscription, refuse, suppress or modify the User Content submitted, in case of a breach of any of the present provisions or a breach of the Sale Terms and Conditions applicable in case the User purchases an item. In such case, the User shall not be entitled to any claim in damages thereof.

In case a User account shall be closed for any reason, the User expressly agrees that the license granted to Madine on his/her User Content shall continue for the duration of the author's rights.

8.2 – Madine's Intellectual property rights

The User shall not be authorized in any way to download or modify any or part of the Madine Content and/or the Website. In particular, all author's rights, trademarks and other distinguishing marks and property rights or intellectual property rights displayed on the Website, shall remain the sole and full property of Madine or its providers/associates.

Reproducing or using any or all of these elements shall solely be authorized exclusively for information purposes in a personal and private context. Any reproduction or use of copies made for another purpose is expressly forbidden. Any other use shall be deemed as counterfeit and punished under Intellectual Property laws, except for prior written authorization.

 

Article 9 – Warranty

The User guarantees Madine against for any action brought by a third-party related to the User Content, in particular on the basis of privacy rights, intellectual property rights related to a patent, a trademark, a design or a model, author's rights, unfair competition, economic parasitism, breach of public order, morality, private life or provisions of the Criminal Code. The User shall bear the cost of all damages of any nature that Madine may be charged with in this regard, as well as any fees, costs and compensation.

 

 

ARTICLE 10 – SALE AGREEMENT

10.1 Prices

The Products’ sale price appear in Euros and include all taxes. Such Price as is shown at the time a Client places an order is the one applicable. Any change in the VAT applicable will be automatically applied to the Products’ price. Madine may change the Products sale price at any time, and the Client shall be therefore advised of such change prior to any order.

Prices do not include shipping rates, such costs being added to the Products price. Shipping rates shall be indicated before the Client places the order. However, the Website remains free to offer such shipping rates, under such circumstances as are hereafter listed under article 5 – Delivery.

10.2 Products characteristics

Madine may, at any time, change the selection of Products offered for sale on the Website, without prejudice to orders the Client previously placed. Under article L.111-1 of the French Consumer Code, the Client may, prior to placing an order, access on the Website the essential characteristics of the Product(s) the Client wishes to order. Photographs, images and descriptions of the Products offered for sale are solely given as information and are not in any way binding for Madine and/or the Vendor.

10.3 Availability

Offers stand as long as they are published on the Website and within the available stock capacity. Should one or several Products become unavailable after a Client placed an order, the Client shall receive notice thereof by e-mail. The cost of such order shall be calculated anew, and the Client shall be charged with such new cost, after deducting the price of the unavailable Products. Should the whole order become unavailable, the Client shall receive notice thereof by e-mail and shall not be charged. Madine shall then warn the Client by e-mail as soon as the Product becomes available again.

10.4 Order

When a Client places an order by clicking on "submit order", he thereby expressly accepts the content and terms of such order, as well as the present Terms. Madine shall then confirm the order to the Client by email, and in case the Product is sold by a Vendor, the Vendor shall accept or refuse the order within 24 business hours.

Acceptance of the order by the Vendor shall trigger the cashing of the order by Madine. The Vendor shall start the preparation and delivery of the order once the order is fully paid. Madine shall inform the Client when the order is shipped. Madine may cancel any order of a same Product (same reference) when more than 3 Products have been ordered.

 

Article 11 – Payment

Only the following methods of payment are allowed:

-        Debit card (through Adyen)

The Website uses the Adyen interface as secure payment method. When paying with a debit card, the Client shall enter his/her debit card details on the site http://thebeautyst.com/checkout/onepage/ and it is on the online Ayden payment platform that payment is performed. Madine shall never, at any time, have knowledge of the Client's bank details (communications secured by the process SSL). Cards issued by Banks that are located out of France have to be international debit cards necessarily for a valid payment. Madine may cancel any order placed by a Client whose IP address is located in a country different from the one listed for billing address and/or delivery. The amount of the order is debited once Madine or the Vendor has accepted the order (within 24 business hours after the order is placed). If the Vendor or Madine refuses the order (in case of stock out in particular) the Client shall not be debited for the order. Payment of an order is full and made in one go. The simple act of validating an order and giving a debit card number entails authorization to debit the Client's account with the amount of the order.

When placing an order, the Client guarantees Madine he/she has all necessary authorizations in order to use such method of payment that shall be chosen for the order. Payment is secure. Madine may suspend or cancel any completion of an order in case of non-payment or partial payment of any amount owed by the Client, in case of a payment incident, fraud or attempt thereof related to the use of the Website, including previous orders.

 

Article 12 – Delivery

12.1 General rules

The Products ordered by the Client pursuant to the present Terms shall be delivered to the address the Client gave as delivery address for the related order ("Delivery address").

12.2 Methods of delivery and costs

Delivery shall not be authorized to hotels or to PO Boxes. Delivery delays are indicated on the Website for information purposes only and shall not be binding, corresponding to average process and delivery delays. In any event, delivery delay shall not exceed 30 days, after which the Client shall be entitled to request the cancellation of the sale made on the Website, at no cost.

12.3 Shipping rates

The shipping rates applicable for the Products labeled as The Beautyst are defined at article 12.4 below. Shipping rates specific to each Vendor are applicable for the Products directly sold by each Vendor. The Client shall be informed of such rates at the time of the order before its confirmation. Pursuant to the provisions of the Consumer Affairs Act of March 17th, 2014 and of the Decree of September 17th, 2014, in case the Client withdraws an order, shipping rates shall not be charged to the Client, except the added rates resulting from the Client’s choice of a shipping method more expensive than the standard cheapest shipping method offered.

 

12.3 Anomalies, defaults, damaged parcel

In case the content of the parcel presents an anomaly (missing product, damaged product, …) the Client or the recipient of the ordered products shall give Madine notice of such difficulty using the following email address: servicelient@thebeautyst.com

 

12.4 Delivery Times

Times of delivery within Metropolitan France are as follows:

  • Colissimo: 2 to 3 business days
  • Chronopost: 1 to 2 business days

As for Corsica, delivery times are lengthened by 1 to 2 business days. As for countries within the European Union, delivery times are lengthened by 3 to 8 business days.

 

Unless an order is cancelled pursuant to the terms and conditions hereabove and hereafter, delivery time shall be counted from the day the email confirming the order is sent. Madine shall not be held liable of consequences related to a delay in shipment for which it is not accountable. In case of a damaged parcel (parcel already opened, missing products, …) the Client shall notify Madine and the transporter of any reservation he/she may have within 3 days of product delivery, by any means.

 

Article 13 – Cancellation, exchanges, and returns

Pursuant to the French Consumer Affairs Act n°2014-344 of March 17, 2014, the Client has a right of withdrawal and to return any ordered Product. In this regard, the Client may request to return the Product or its exchange.

 

13.1 Right of withdrawal

The Client may withdraw his/her order without any reason WITHIN 14 DAYS. The withdrawal time limit expires after 14 days upon the day when the Client or any other third party designated y the Client other than the Transporter, accepts physical delivery of the Product.

 

To withdraw an order, the Client shall notify his/her will to withdraw by:

-        using the Website, in the "My account part", under "Product return", and click on the "New request to return of product."

 

In order to comply with the withdrawal time limit, the Client shall simply send his/her notification regarding use of withdrawal right before such time limit expires.

 

Madine or the appropriate Vendor shall notify the Client of its decision by email. In case such request shall be granted, i.e., if such request was formally made within 14 days from the date of receipt of the order, and if the order is made from Madine directly or from a Vendor that offers free returns, the Client shall receive a return form attached to this email. If the Vendor does not offer free returns, the Client will have to ship the products by all means to his wearhouse. The Client shall then hand the parcel over to the post office within 14 days and shall request a stamped receipt thereof to be kept.

The Client shall be held liable for the Product’s depreciation resulting from handling other than what was necessary to assess the Product’s nature, characteristics and good use.

The Product(s) shall be returned with their original package, in their original state, new and unopened, to the address indicated in the return form the Client received.

13.2 Effects of withdrawal

In case the Client withdraws his/her order, the Client shall be refunded of all payments made including shipping rates - delivery and return – (except the added rates resulting from the Client’s choice of a shipping method more expensive than the standard cheapest shipping method offered).

Reimbursement shall be made without any excessive delay and no later than 14 days after the Client’s decision is notified on the Website. Madine shall then proceed to reimburse, when necessary on behalf of the appropriate Vendor, by using the same method of payment as the one used for the original purchase. Madine may postpone payment until Madine or the Vendor has received the Product or until the Client provides proof of the Product’s return shipment, at the earlier of these two dates.

In case the Client fails to return the Product(s) within 14 days from the date of receipt of the order, or should the Product(s) not be returned in the state described hereabove, such return shall be considered as null and the Client shall keep the Product.

13.3 Exchange – return

Exchanges are possible under the same conditions, in particular regarding the time limit for withdrawal. In case of an exchange, the Client shall indicate he/she wishes an exchange and not reimbursement of the Product, when notifying his/her will to withdraw. The exchange is accepted providing sufficient supplies are in stock regarding the Product selected for the exchange.

For any order, the Client may benefit only once from the Exchange and Returns offered, whatever the number of exchanged or returned Products. For any other request in exchange or return, shipping costs shall be charged to the Client.

 

 

Article 14 – Retention of title

Madine and/or the appropriate Vendor shall retain full ownership of the sold Products until complete cashing of the full price including principal, fees, taxes and mandatory contributions.

 

Article 15 – Liability

Madine shall be liable to use all reasonable means at any stage of the process regarding Website access, from the ordering process to parcel shipment or subsequent services. Madine shall not be held liable for any inconvenience or damage inherent to the use of the Internet network, in particular a breach of the service, an outside intrusion or the presence of a computer virus, or any fact described as force major, in accordance with the law and case law.

Besides, Madine shall not be held liable for any consequential damages including but not limited to financial loss, profit loss, lost profit, loss of clientele, of data or any other loss of intangible goods that may rise from any use of the Website, including any purchase of Products on the Website.

Clients shall make any such claim to Madine and/or the appropriate Vendor within 12 months after the event object of the claim arose. 

In any case, it is expressly agreed that Madine's and/or the appropriate Vendor’s liability shall be expressly limited, for all heads of claims to a maximum global amount which shall not exceed the price of the Product(s) which founds such claim.

 

ARTICLE 16 :Garantie légale de conformité et de vice caché

  • The Website (when the Product is sold by the Website) or the Vendor (when the Product is labeled as sold by a Vendor) is responsible for the Product’s defects according to article 211-4 and following of the French Consumer Code and for the Product’s hidden defects according to articles 1641 and following of the French Civil Code, stipulations reproduced below at article 17.3).
  • Pursuant to the Decree of December 2014 regarding the legal warranty due to Consumers the Client is informed that when his claim is based on the legal conformity warranty in case of a Product’s defect :

-        The Client has two years from the order’s delivery to initiate a claim on the basis of a  conformity warranty ;

-        This warranty is independent from the commercial warranty granted by the Website ;

-        The Client may decide to implement the warranty against hidden defects pursuant to article 1641 of the French Civil Code and in that case to choose between repair or replacement of the Product in case of conformity defect;

-        The Client does not have to prove the existence of the defects during 6  months after the delivery .

 

Article 17 – Miscellaneous

17.1 Provision partially void

Should any Court of competent jurisdiction find any provision under the present terms and conditions to be void or not binding, such provision shall be declared as not written and shall not void the other provisions.

 

17.2 Applicable law – competent court

The present STC are governed by French Law regarding all substantive rules as well as proceeding rules. Exclusive jurisdiction shall fall within the competent courts in Paris for any dispute, notwithstanding the involvement of several defendants or a recourse in warranty, even in the case of emergency proceedings or precautionary procedures either summary or upon request.

 

17.3 Applicable texts

Article L. 211-4 of the French Consumer Code

"The seller is required to deliver a good that complies with the description given in the contract and is liable to the Consumer for any lack of conformity which exists at the time the good is delivered.

He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility."

 

Article L.211-5 of the French Consumer Code

"To comply with the description given in the contract, the product must:

1. Be suitable for the purpose usually associated with such a product and, if applicable:

- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;

- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;

2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to."

 

Article L. 211-7 of the French Consumer Code as amended by the Act n°2014-344 of March 17, 2014 – article 15

The provisions hereafter detailed shall come into force two years after the Act n°2014-344 of March 17, 2014 is published.

"Any lack of conformity that shall appear after 24 months from the date of the delivery of the product shall be deemed to have existed when it was delivered, unless otherwise proven.

(…)

The seller may contradict such assumption in the case it is not compatible with the nature of the good or the alleged lack of conformity."

 

Article L. 211-12 of the French Consumer Code

"Any action resulting from lack of conformity expires two years after delivery of the product."

 

Article R. 121-2 (amended by Decree n°2014-1061 of September 17, 2014)

I. Pursuant to Article L.121-17 - 6°, the professional communicates to the consumer the following information:

 

a) the geographical address where the professional has its business, as well as phone number, fax number and email address, and also, when applicable, the geographical address and identity of the professional on behalf of which it is acting;

b) when different from a), the geographical address of the professional’s registered office and, when applicable, the one of the professional on behalf of which it is acting and where the consumer may send any request;

c) the cost of using distant communication to form the contract when that cost is calculated on another reference than the basic cost;

d) the existence of applicable codes of conduct and when applicable, the modalities to obtain copy of such code;

e) when applicable, the minimum duration of the consumer’s contractual obligations;

f) when applicable, the existence of a financial guarantee or any other guarantee to pay or provide by the consumer upon the professional’s request as well as the subsequent conditions;

g) when applicable, the possibility to use non judicial disputes settlement methods to which the professional is submitted and their conditions of access;

 

II. Information regarding the right to withdraw referred to in article L.121-17 2°, 3° and 4° may be provided by way of the standard information notice form attached to the present article duly completed.

 

III. In case of public auction, information regarding the identity and details of the professional may be replaced by the equivalent information regarding the auctioneer for voluntary auctions.

 

 

Article 1641 of the French Civil Code

"The seller is held liable for any latent defects of the sold good which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them."

 

Article 1648 of the French Civil Code

"The action resulting from redhibitory defects must be brought by the buyer within a period of two years following the discovery of such defect."

 

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