General Terms and Conditions of Sale
Here you are on the General Terms and Conditions of Sale, Delivery and Return dedicated page, Welcome
Before sending us an e-mail, please check this document, you will probably find the answers to your questions
NAILMATEAM advises you to take 5 minutes of you time for reading this document : some parts may seem obvious for you, but some others will probably clear you mind.
We dedicated a peculiar section to delivery and return conditions, it is available here or from the ici welcome page of our website.
- Legal notice
- Price of products
- Order placement process
- Payment Security
- Order tracking and availability
- Returns for other reasons than withdrawal
- Intellectual Property
- Retention of title clause
- Personal data
- Litigation and applicable Law
- Modification of the General Conditions
When used in the hereby General Conditions, the following terms shall have the meanings ascribed thereto below, unless the context clearly command it otherwise :
Client : shall mean any physical person who has reach majority having the legal capacity or any non commercial corporation connected to the Website having accepted the General Conditions in the aim to acquire the Products through that mean.
General Conditions and Terms of Sale, Delivery and Return :shall mean the hereby General Conditions and Terms of Sale, Delivery and Return. The terms or expressions « General Conditions » reffer to the same thing.
Website : shall mean thele site web website owned by NAILMATIC, at the adress www.nailmatic.com ou or at any other address that would replace it or on which NAILMATIC might make the Services accessible.
NAILMATIC : shall mean the NAILMATIC company, Société par Actions Simplifiée whose share capital is 25 300 euros,having its head office at 320 rue Saint-Honoré, registered in the Trade and Company register under the number 753 544 949, represented by its President, Boris Gratini.
Products :shall mean the Products offer for sale to Clients by NAILMATIC on the website.
Provider : shall mean a third company to NAILMATIC, service provider in charge of the delivery of Products ordered on the Website by the Client.
2. Legal notice
The website is published and broadcasted by SAS NAILMATIC, represented by its President, Boris Gratini.
Société par Actions Simplifiées whose share capital is 25 300 euros
Head office : 320 rue Saint-Honoré 75001 Paris
SIRET : 753 544 949 000 13
Registered in the Trade and Company register of Paris under the number 753 544 949.
VAT number : FR01 753544949
The NAILMATIC company can be joined by phone : +33 1 85 09 69 25 (non surcharged call cost) or by fax 01 43 48 61 46 and by e-mail : email@example.com
Website design, graphic design and development : Axome
Publication Director : Boris Gratini.
Copyright for pictures : Olivia Frémineau
The Website is hosted by the OVH Company, Société par Actions Simplifiée whose share capital is 10 059 500 €, having its head office at 2 rue Kellermann, 59100 Roubaix, Registered in the Trade and corporate register of Lille under number 424 761 419 00045. Tel : 08 20 69 87 65.
This Website has been declared to the Commission Nationale de l'Informatique et des Libertés (Receipt CNIL n° 1988015v0 dated September 5th, 2016). Personnal data registered on this Website shall be stocked and used according to the French Law dated January 6th 1978 regarding data processing and liberties. Users of this Website shall have a right to access, to modify and to delet any data regarding them, said right shall be exerced toward our customer service.
The access to the Website and any order are governed by the hereby General Conditions. Said General Conditions shall govern, without any restriction ni nor any exception, the entirety of sales of any Products proposed on the Website.
The hereby General Conditions shalle be likely to be modified without any further notice other than their online publication on the Website. Any order shall be governed by the General Conditions in force at the day of the order. Each Client is then invited to consult them at the day of the order on the Website.
The Website is accessible throught the Internet network, opened to any user of this network. The Client shall have the burden of carrying out and of the cost of the computer facilities that are necessary to access to the Website NAILMATIC shall never be liable whatsoever damages that may be caused by the use of the Internet network, including but not limited to bugs, computer viruses or interruption of service.
The sale on the Website is reserved to non-commercial physical or moral person, having reach majority and having the legal capacity
The order by the Client implies the acceptance of the entirety of the hereby General Conditions by the Client that expressly recognise having read and accepted them while clicking on the button “I have read and accepted the entire General Conditions and Terms of Sale, Delivery and Return"
4. The Products
NAILMATIC shall deliver Products that meet the requirements provided by legislative and regulatory rules in force, and namely to the European Regulation (EC) n°1223/2009 of the Parliament and of the Council dated November 30th, 2009 on cosmetic products
The Products are the one showed on the Website at the day of its visit by the Client. The Client shall consult the descriptif of each Product by clicking on each « Product description » button, in order to know its properties and particuliarities. The Products are described and presented in the most possibly accuracy manner, according to article L.111-1 of the French Consumer Code. Nevertheless, pictures and texts shall not have contractual value and shall not bind NAILMATIC. A cosemetic product always look different depending on the light used and the skin tone of the person who is using it.
The selection and the purchase of a Product shall be under the sole responsability of the Client. The descriptions, illustrations, references features, content, specifications,price and availability of any Products are subject to change without notice. In any case, if the delivered Product does not comply with the description provided by the Website, the Client shall have the right to exerce its right of withdrawal.
NAILMATIC shall guarantee that its products comply with the legal guarantee of conformity according to Articles L. 217-4 to L. 217-12of the French Consumer Code and with the one relating to defects of the thing sold, according to Articles 1641 to 1648 and 2232 of the French Civil Code.
L‘article L. 217-4 of the French Consumer Code provides :
« The seller shall deliver goods in conformity with the contract and shall respond to the lack of conformity existing at the delivery.
It shall also respond to the lack of conformity resulting from the packaging, the installation instructions or from the installation itself while done under its responsability according to the contract or realized under its responsability ».
L’article L.217-5 of the French Consumer Code provides :
« The good shall meet the contract :
1° If it is proper to the usage generally expected by :
- if it matches the description given by the seller and possesses the qualities that he has presented to the buyer as a sample or model ;
- if he has the qualities that a buyer can reasonably expect given the public statements made by the seller, by the the producer or by his representative, particularly in advertising or labeling ;
2° Or if it has the characteristics defined by mutual agreement by the parties or if it fit for any specific use that was sought by the buyer which must have been brought to the knowledge of the seller who accepted it ».
L’article L.217-12 of the French Consumer Code provides :
« An action resulting from lack of conformity must be brought by the buyer within two year from the delivery of the good ».
L’article L.217-16 of the French Consumer Code provides :
« When the buyer asks the seller, during the course of the commercial guarantee which was granted to it during the acquisition or the repair of a movable good, a reparation covered by the guarantee, any period of immobilization that would last at least seven days is added to the duration of the guarantee still to run.
This period runs from the buyer’s request to intervene or from the date to which the buyer made the litigious good available for its reparation, if said availability is posterior to the request for intervention ».
L’article 1641 of the French Consumer Code provides :
« The seller is bound to a warranty against hidden defects of the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known the defects. ».
The first paragraph of the Article 1648 of the French civil Code provides :
« An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice ».
The warranty offered by NAILMATIC does not cover damages caused during transportation nor caused by missuse of Products
6. Price of Products
The applicable price shall be the one indicated on the Website at the date of the validation of its order. The price shall be in Les prix sont présentés euros (€) inclusive of all French taxes. NAILMATIC shall have the right to charge a different price depending on the country of delivery and to modify without notice, the price of its Products, however, such modifications shall only impact future orders but not orders already accepted.
The Client shall have the burden of shipping fees which are mentionned, as such, on the summary of the order before validation. These fees shall vary depending on the country of delivery and the delivery method chosen by the Client (see theDelivery and return page).
7. Order placement process
The Client shall place its order by performing the following steps :
- Creating a Client account
- Filling the basket
- Checking the basket - modification of quantities and deletion of product if needed
- Providing information regarding the address of delivery and invoicing
- Selecting a delivery method
- Selecting a payment method
- Validating the payment on the bank Website
- Receiving on the Website’s page a message confirming the registration of the order and a confirmation e-mail
Access to the basket shall be possible at any time either for modifying it or either for validating it by clicking on the button « basket ». This summary may be, before the confirmation of the order, completed by a promotionnal code at the place provided for this purpose
For the first order, the Client shall complete a form in order to provide the following information : title, name, shipping adress, e-mail, date of birth, phone number. On this occasion the Client shall create its password and therefore its Client account.
The ordering by the Client shall imply its knowledge and full and unreserved acceptance of these latter General Conditions. Without said acceptance, the order shall not be validated.
The order shall become firm and final after the send by NAILMATIC of an e-mail confirming the order and worth sales contract. A second e-mail shall be sent to the Client allowing its access to package tracking.
According to Article L. 122-1 of the French Consumer Code, NAILMATIC shall have the right to refuse any order for any legitimate reason, and in particular, if the order is abmnormal made in bad faith or when a litigation exists with the Client regarding, namely, the payment of a previous order.
The details of the order are archived according to Article L.134-2 of the French Consumer Code, on a securised server pendant for a period of time of ten years from the conclusion of the contract. However, no credit card number shall be kept. The Client shall agree that the confirmation of the order shall be considered as an evidence of the contractual relationship between the Parties.
After having validating its mode of payment, the client shall valid definitively and irrevocabily its order by chosen :
- Payment with credit card (Visa Card, Master Card) : the Client shall valide its delivery and invoice, the product and the total price address. The Client shall provide the number of its credit card, the date of expiration and the CVX code. The Client shall finally valide its order by clicking on the button « Confirm »
- Paypal : this method of payment is offered to clients owning a Paypal account . Financial and personnal information shall be automatically crypted during the send of any sensitive information to Paypal servers. The Client shall process with online payment by simply provide its e-mail address and its password. Its financial informations shall never be transmitted to NAILMATIC whatsoever. In case of return of an article, the refund shall be provided under the form of recredit on the Paypal account used for the payment of the original order.
The Client warranty NAILMATIC that it shall have the right to use the chosen method of payment. In case of refusal by the bank, the order shall be automatically canceled and NAILMATIC shall inform the Client. NAILMATIC shall further reserve its right to initiate any proceedings or helpful actions.
Once the payment been valided, the client shall receive, in return, a confirmation mail comprising details of the ordered articles, the price and the personal data such as the delivery address. NAILMATIC recommand to the Client to keep these information.
NAILMATIC shall store the records on computer systems under normal safety conditions, they shall be considered as evidence of communications, orders and payments between the parties.
9. Security of payments
In order to ensure security of payments, the Website shall use Cyberplus, the secure online payment solution provided by banque Populaire. This service incorporates the SSL security standard. Confidential data (16 digits credit card number and the spiration date and code CVX) shall be directly transmitted to the bank’s server without passing through the physical media of NAILMATIC’s servers. Once the order validated : the payment request shall be routed in real time on the secured payment handler. The secured payment handler shall send an authorization request to the credit card network . The secured payment handler shall deliver an electronic certificate which shall evidence the amount and the date of the transaction according to the provisions of Articles 1316 et suivantsand followings of the French Civil Code.
10. Order tracking and availability
In order to monitor the processing of the order, the Client shall consult the page « My Account » on the Website. After having been identified, it shall check the status of its order.
- « Paymant accepted » : shall mean that the order is recorded but not yet in process.
- « Preparation in progress » : shall mean that the order is in progress.
- « Shipped » : shall mean that the order is carried out by the delivery services.
NAILMATIC shall reserve its right, without notice, to limit the amount available, to stop the marketing of any product, to modify, to improve and to evolve its products. Some products shown or described ont the Website may not be available or may not be authorized to be sold in some countries.
If the Products are not available after an order, NAILMATIC shall inform promptly the Client by e-mail that the expected delivery shall only be partial or canceled. If the Client’s bank account or Paypal account has been debited and if the order cannot be honored, NAILMATIC shall refund the Client of an amount corresponding to the undelivered goods, at the latest within 30 days after the date following the debit of its bank or Paypal account corresponding to it payment, without the possibility for the Client to claim any further damage.
The delivery shall be ensured by the Provider. The Client shall acknowledge that NAILMATIC shall not be liable for the non execution, the poor exeécution or the late delivery if caused by the Client (for example, incomplete or wrong address), or by the Provider or in case of force majeure.
The Client shall be nevertheless invited to inform NAILMATIC in written of any late delivery in order to enable the Provider to undertake the necessary research.
The Provider shall be most of the time the Chronopost Company, however NAILMATIC shall be free to choose any other Provider. On delivery, the Client or the recipient of the order shall receive the Product from the Provider employee and shall electronically sign an acknowledgement of reception. This electronic acknowledgement of reception shall evidence the good delivery by NAILMATIC and the good reception by the Client or the recipient of the order, of the ordered products.
In case of absence, the Client or the recipient of the ordered product shall receive a calling card in order to convey of another day of delivery with the Provider.
All the elements needed for shipping of packages shall be identified (name, first name, building number, entrance, stairs, code, etc.).
About express deliveries: only orders placed before 1 pm will be delivrered in 24 hours.
According to Article L. 212-21 of the French Consumer Code, the Client shall have a withdrawal delay within fourteen clear days, from the reception of the Products, in order to send back the Products that did not give satisfaction, for any reason whatsoever.
The Client, shall have several means to expresse its intend to exercice its right to withdrawal, which shall be done within maximum fourteen clear days from the reception of the Products :
- Either by declaring its withdrawal request from the tab « My Account > Orders history ». If the Client uses this option, NAILMATIC shall send an acknowledgement of good reception of the withdrawal via e-mail.
- either by downloading this withdrawl form, that need to be fulfilled and to be sent by e-mail preferably (firstname.lastname@example.org) otherwise by fax on 01 43 48 61 46, or by mail at 27 rue Mercoeur 75011 Paris or by phone from 10:00 am to 6:00 pm on +33 1 85 09 69 25)
-Either by a simple and unambiguous request by phone, mail or fax (see details here above)
The Client shall then send the goods without undue delay and no later than fourteen clear days after the notification of its decision to withdrawal at the address and the number of withdrawal submitted by return e-mail in their original packaging, unsealed, in perfect condition, clean, complete, unused, unconsumed, and accompanied by all the accessories (including gift) as well as the original purchase invoice.
Return costs shall be borne by the Client. The Client shall have the opportunity to buy directly on the Website a 7,90€ Colissimo label that shall be sent in PDF format for printing. Said offer shall only be valid for orders delivered in France and returned from mainland France.
Outside the metropolitan France and overseas, the Client shall make the referral by any other Provider of their choice which provide a similar delivery, tracking and compensation service.
If the mistake is caused by NAILMATIC during the preparation of the order, the cost return shall be entirely borne by NAILMATIC. The Client shall receive then via e-mail a PDF with a free return label. ).
If the withdrawal is effective before the shipment of the order, the Client shall warn NAILMATIC by e-mail at email@example.com in order to prevent a tedios return procedure and in order to obtain a faster return.
The total amount of all returned Products, including initial shipping order fees, shall be refund by NAILMATIC (excluding additional costs arising from a specific choice made by the Client for an express delivery, other than the least expensive method of delivery standard proposed by NAILMATIC). If the Client exercises its right of withdrawal after the date of shipment of the Products done by NAILMATIC, then the return costs of the Products and the risks shall remain the burden of the Client. In case of partial return of products ordered or mistake on the delivery address by the Client, initial delivery fees shall not be refund.
The refund shall be provided by recreditation of the credit card or by recreditation on the Paypal account, which has been used for payment. The refund shall be done within a maximum period of time of fourteen clear days from the effective recovery date of the Products by NAILMATIC ; in any case, the refund shall not cost any fees for the Client.
An order that has been pre-payed thanks to a promotionnal code shall only be refund of an amount corresponding to the amount actually paid by the Client.
The Client shall acknowledge that if it failed to comply with the above described procedure within the deadline, no refund will be made.
Any Product returned damaged, incomplete, used, damaged, dirty, used, even partially, may not be recoverable.
Moreover, the right of withdrawal is excluded for Products unsealed after delivery, which shall not be returned for hygiene or health protection reasons.
Similarly, any customized Product according to the consumer’s specifications (eg boxes composing) shall not give rise to a refund .
In case of return by the Client of a part of the Products that allowed him to receive a promotionnal offer, the Client shall be refunded of an amount equal to the price of the returned Product to which will be deducted the promotion offer initially applied and to which the Client shall not benefit anymore.
13. Returns for other grounds than withdrawal
In any case, NAILMATIC shall not be liable whatsoever for any entry mistake regarding its address, nor its consequences in term of delay or delivery mistake. Thus, if the delivery cannot be done because of a mistake made by the Client, return fees shall be borne by the Client.
In case of dead letter mail, refuse of delivery or non claimed package by the Client at the post office or at the relay point within the deadline : NAILMATIC shall contact the Client in order to send its order (transportation fees shall be borne by the Client) if the product is still available or refund the order as requested by the Client. If the problem recurs or if the Client is slow to respond, NAILMATIC shall reserve its right to refund the order and not to return it.
NAILMATIC shall not be held liable for non-performance of any of its obligations if the poor performance of the contract is caused by the Client or caused in an unpredictable and insurmontable maner by a third party to the contract. Similarly, NAILMATIC shall be exonerated from liability for damages caused by any event of force majeure (such as, including but not limited, to flood, fire, storm, natural disaster, act of war or terrorism, or partial strike and, more generally, any external, unforseeable and irresistible) as defined by the case law of the French supreme court.
NAILMATIC shall only borne an obligation of means at any stages of access to the Website, consultation, filling of forms, placing orders, delivery of products nor any other service. Consequently, its liability shall not be sought for any inconvenience whatsoever, nor any damages caused by usage of the Internet network and despite the diligences and precautions taken by NAILMATIC. In particular, any disruption in the service provision, or any external intrusion or presence of computer viruses, shall not engage the responsibility of NAILMATIC whatoever.
15. Intellectual Property
Access to the Website shall give the Client a non eclusive right of private use. The hereby Website and all of its content, that is to say trademarks, logos, drawings, pictures, sounds, patents, etc., are NAILMATIC’s property according to the provisions of the French Intellectual Property Code. Any use of contents, denomination, and trademarks, that is to say their reproduction or, more generally, their exploitation, wholly or partly, by any mean and with any support, without NAILTMATIC’s prior written consent is forbiden and shall constitute an act of infringment, that is to say a criminal offense and a civil fault.
However, it shall be quite possible to use some elements in the form of quotation, indicating the source of quotation, namely « NAILMATIC » and a visible, active link to the article or page to the Website.
Any other use requires the express prior written consent of NAILMATIC.
It is quite possible to use hypertext links to the Website, including deep links. In any case, NAILMATIC shall have the right to prohibit such links even tacitly authorized, following a subsequent verification, they must then be removed on first demand of NAILMATIC.
In order to provide an optimal service, NAILMATIC shall be allowed to place cookies in the computer equipement of the users. A cookie is an information placed on the Client’s hard disk drive by the server of the visited website, that is to say http://.www.nailmatic.com. These information are stocked on the Clients’ equipments in a simple text file, to which a server shall have access in order to read and to register informations. These cookies are especially used in order to facilitate the access of users to their account, to stock the conten of their basket until the finalisation of the buying process and to provide informations on Products. Thanks to these cookies, NAILMATIC can also customise futur websites and allow the Client to win time during the finalisation of its orders. Cookies shall also be used through Google Analytics to produce use statistics of the Website. NAILMATIC shall agree that such data will not be disclosed or sold to other companies.
Prior consent to the acceptance of cookies shall be done via the banner « Cookie » which will appear at the time of connection on the Website by clicking on the button « accept cookies ».
It shall be possible at any time to object to cookies and to change the settings by clicking on the button « settings » located on the banner « Cookie » which shall appear at the time of connection on the Website. The setting shall however be likely to change the conditions of access to the services offered on the Website www.nailmatic.com.
17. Personal data
NAILMATIC is likely to collect Client’s personal data while it creates its account, it passes orders, or it subscribes to the newletter. These data are intended to NAILMATIC and used in order to ensure the management, the implementation, the deliver of orders and their consequences (invoices, return, withdrawal, warranty). These information shall be transmitted to NAILMATIC’s partners, whose intervention is necessary for the successful completion of Client’s orders and deliveries (carrier, bank, etc.). Information and data which are provided with an asterisk (*) are required and necessary to the successful completion of the order and delivery of the Client.
By resgistering on the Website www.nailmatic.com, the Client agrees to receiving electronic communications from, in particular, the order confirmation, e-mails, e-mailing or product informations.
In that aim, the Website has been declared to the CNIL under number 1988015v0. In any case, and according to the Law n°78-17 dated January 6th, 1978, any user or Client of the Website shall at any time prohibit the commercial use of said data and shall benefit of a right to access, to modify and to delete its data. Any claim regarding the hereby provision shall be sent by e-mail at the following adress firstname.lastname@example.org.
NAILMATIC shall reserve its right to use for commercial purpose the data transmitted by the Client if it accepts the possibility to use personnal data provided by the Client for commercial purpose if accepted by the Client during their collection by checking the following words : « I wish to receive offers from NAILMATIC ». Otherwise, the Client shall not receive offers or newsletter.The Client shall, at any time, refuse to continue to receive the above mentioned offers and newsletters by clicking the unsubscribe link provided for this purpose on offers and newsletters that are sent to it.
NAILMATIC shall commit to protect the privacy of its Client. The Confidentiality policy shall apply to the collection, the use and the disclosure of personal data of all users of the Website www.nailmatic.com and NAILMATIC shall make its best efforts to keep safe personal data safe.
NAILMATIC shall advise the Client to verify that the password is sufficiently secured (comprising a sufficient number of characters and various alphanumeric characters etc.) and to disconnect while living the Website. The Client shall be solely responsible for the acces to its account and the use made of it.
The Client shall terminate its access to the Website and shall close its Client account at any time with or without cause, with or without notice. Upon termination for any reason whatsoever, access and use of the Website shall immediately cease. In order to delete the account, the request shall be made via e-mail.
18. Title retention clause
According to Law n° 80.335 dated May 12th, 1980 regarding the effects of reserve of ownership clauses in sales contract, the ownership of Products shall only be transmitted to the Client once NAILMATIC will receive the full payment of price, however, the Client shall bears the burden of risk of delivery (that is to say, from the removal of the package at NAILMATIC by the service provider), especially in case of loss, theft or destruction of the Products.
19. Litigation and applicable law
The only bindind verion of the hereby General Conditions are the one written in French. The hereby General Conditions of Sales and Delivery and Return are governed by French Law. Any litigation that may arise between the parties due to the formation, construction and/or implementation of the hereby General Conditions will be held before the Trade Court of Paris.
According to Article L.211-3 of the French Consumer Code, the Client shall be informed by the hereby General Conditions of the possibility to start, in case of litigation, a consumption mediation proceedings according tothe first title of the book VI of the French Consumer Code.
20. Modification of the General Conditions
If one or more provisions of the hereby General Conditions of Sale and Delivery are to be declared or became invalid due to application of law, of a regulation or a court decision, the other clauses will remain valid and effective.
Moreover, taking into account possible changes in regulations and the Website, NAILMATIC reserves its right to modify at any time these General Conditions. The next General Conditions shall be available online on the Website nailmatic.com and shall apply only to consultation and sales made after the change.