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GENERAL TERMS AND CONDITIONS OF SALE
Terms and Conditions of Sale
Between GIRLS POWERS - FZCO, registeredunder license number 48250, with its principal place of business located at: DUBAI SILICONE OASIS IFZA PROPERTIES, duly authorized for the purposes hereof.
You can contact the company by email by clicking on the contact form available on the website’s home page. Hereinafter referred to as the “Seller” or the “Company.”
On the one hand, the individual or legal entity purchasing products or services from the company, hereinafter referred to as “the Buyer” or “the Customer”; on the other hand, the following has been set forth and agreed upon:
PREAMBLE
The company sells cosmetics and other beauty products exclusively to consumers through its website, https://girlspowers.com/.
The list and descriptions of the goods and services offered by the company can be found on the website mentioned above.
Article 1: Purpose and General Provisions
These General Terms and Conditions of Sale set forth the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
These General Terms and Conditions of Sale (GTC) apply to all sales of Products made through the Company’s websites and form an integral part of the Contract between the Buyer and the Seller.
The Seller reserves the right to modify these Terms and Conditions at any time by publishing a new version on its website. The applicable Terms and Conditions are those in effect on the date of payment (or the date of the first payment in the case of multiple payments) for the order. These Terms and Conditions are available on the Company’s website at the following address:https://girlspowers.com/pages/conditions-generales-de-vente
The Company also ensures that the Customer’s acceptance is clear and unconditional by providing a checkbox and a confirmation button. The Customer declares that he or she has read and understood all of these General Terms and Conditions of Sale, and, where applicable, any Special Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation.
The Customer acknowledges that he or she has received the necessary advice and information to ensure that the offer meets his or her needs. The Customer represents that he or she is legally capable of entering into a contract under French law or is authorized to validly represent the individual or legal entity on whose behalf he or she is acting. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 2: Price
The prices of products sold through the websites are listed in euros and are specified on the product description pages. They are also listed in euros on the product order page, excluding any specific shipping charges.
For all products shipped outside the European Union and/or the French overseas departments and territories, the price is automatically calculated in euros on the invoice.
Customs duties, other local taxes, import duties, or state taxes may be due in certain cases. These duties and amounts are beyond the Seller’s control. They shall be borne by the buyer and are the buyer’s responsibility (declarations, payment to the appropriate authorities, etc.).
The Seller therefore encourages the Buyer to inquire about these matters with the relevant local authorities. The Company reserves the right to change its prices at any time in the future. The telecommunications costs required to access the Company’s websites are the responsibility of the Customer. Delivery costs, if applicable, are also the responsibility of the Customer.
Article 3: Conclusion of the Contract Online
The Customer must follow a series of steps specific to each Product offered by the Seller in order to place an order.
However, the steps described below are standard: ➢ Information on the Product’s essential characteristics; ➢ Selection of the Product, including any options, and provision of the Customer’s essential information (identification, address, etc.); ➢ Acceptance of these General Terms and Conditions of Sale. ➢ Verification of the order details and, if necessary, correction of any errors. ➢ Follow the payment instructions and pay for the products. ➢ Delivery of the products.
The Customer will then receive an email confirming payment of the order, as well as an order acknowledgment confirming the order. The Customer will receive a PDF copy of these General Terms and Conditions of Sale. For products to be delivered, delivery will be made to the address provided by the Customer. To ensure proper fulfillment of the order, and in accordance with Article 1316-1 of the Civil Code, the Customer agrees to provide accurate identification information.
The Seller reserves the right to refuse an order, for example, in the case of an unusual request, a request made in bad faith, or for any other legitimate reason.
Article 4: Products and Services
The essential characteristics of the goods and services, along with their respective prices, are made available to the buyer on the company’s websites. The customer confirms that they have received a breakdown of the shipping costs, as well as the terms of payment, delivery, and contract performance.
TheSeller agrees to fulfill the Customer’s order only to the extent that Products are in stock . If this is not the case, the Seller will notify the Customer. These contractual terms are presented in detail and in French. In accordance with French law, they are summarized and confirmed upon order confirmation. The parties agree that the illustrations or photos of the products offered for sale are not contractually binding .
The validity period of the Product offers and their prices are specified on the Company’s websites, along with the minimum term of the contracts offered when they involve the ongoing or periodic supply of products or services. Unless otherwise specified otherwise specified, the rights granted hereunder are granted solely to the individual who signed the order (or the person associated with the email address provided).
In accordance with legal provisions regarding compliance and hidden defects , the Seller will refund or exchange products that are defective or do not match the order. A refund may be requested as follows: Please contact us using the contact form located in the “Contact” section at the bottom of the page.
Article 5: Retention-of-Title Clause
The products remain the property of the Company until the price has been paid in full.
Article 6: Delivery Terms
Products are delivered to the shipping address provided at the time of order within the specified delivery time. This delivery time does not include the time required to prepare the order.
The Seller provides a telephone contact number (at the cost of a local call from a landline) listed in the order confirmation email to facilitate order tracking. The Seller reminds the Customer that the risk of loss or damage to the products is transferred to the Customer at the time the Customer takes physical possession of the products.
It is the Customer's responsibility to notify the carrier of any reservations regarding the delivered product.
Article 6-2: Delivery Times
Colissimo delivery time: 48 to 72 hours—business days
Mondial Relay delivery time: 4 to 5 business days
Mondial Relay home delivery in Europe:4 to 6 business days
Delinvengo easy Europe Delivery Time - 2 to 5 business days
Delinvengo Easy World - 6 to 12 business days
Colissimo Overseas:5 to 7 days
Article 7: Availability and Presentation
If the merchant fails to fulfill its obligation to deliver the goods or provide the service under the conditions set forth in Article L. 216-1, the consumer may: 1° Notify the merchant of the suspension of payment of all or part of the price until the merchant complies, in accordance with Articles 1219 and 1220 of the Civil Code; 2° Terminate the contract if, after giving the merchant formal notice to deliver the goods or provide the service within a reasonable additional period, the merchant has failed to do so within that period. The contract is deemed terminated upon the merchant’s receipt of the letter or written notice informing them of such termination, unless the merchant has fulfilled their obligation in the meantime. II. - The consumer may, however, immediately terminate the contract: 1° When the seller refuses to deliver the goods or provide the service, or when it is evident that the seller will not deliver the goods or provide the service; 2° When the seller fails to fulfill its obligation to deliver the goods or provide the service by the date or upon the expiration of the time limit provided for in Article L. 216-1, and that date or time limit constitutes an essential condition of the contract for the consumer. This essential condition arises from the circumstances surrounding the conclusion of the contract or from an express request by the consumer prior to the conclusion of the contract. The provisions of this article are without prejudice to the award of damages.
Article 8: Payment
Payment is due immediately upon placing an order, including for pre-ordered products. The Customer may pay by credit card or check. Cards issued by banks located outside France must be international credit cards (Mastercard or Visa). Secure online payment by credit card
The payment transaction is processed by our payment service provider. The information transmitted is encrypted using industry-standard methods and cannot be read while in transit over the network. Once the Customer initiates the payment, the transaction is immediately charged after the information has been verified. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing their banking information at the time of purchase, the Customer authorizes the Seller to charge their card the amount corresponding to the indicated price. The Customer confirms that he or she is indeed the legal cardholder of the card to be charged and that he or she is legally entitled to use it. In the event of an error or if the card cannot be charged, the sale is immediately terminated by operation of law and the order is canceled.
Article 9: Cancellation Period and Returns
In accordance with Article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his or her right of withdrawal without having to provide a reason or pay any penalties, except, where applicable, for return shipping costs.” “The period mentioned in the preceding paragraph begins upon receipt of the goods or upon acceptance of the offer for services.”
The right of withdrawal may be exercised by contacting the Company as follows: Please contact us using the contact form found in the “Contact” section at the bottom of the page. We inform Customers that , in accordance with Article L. 121-20-2 of the Consumer Code, this right of withdrawal may not be exercised for:
- The following are excluded from the right of withdrawal: cosmetic products that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection.
- Personalized products are also excluded from the right of withdrawal.
If the right of withdrawal is exercised within the aforementioned time period, only the price of the purchased product(s) and the shipping costs will be refunded; the customer is responsible for the return shipping costs.
Products must be returned in their original condition and complete (including packaging, accessories, instructions, etc.) so that they can be resold as new; if possible, they should be accompanied by a copy of the proof of purchase.
In accordance with legal requirements, you can obtain the standard form by email by contacting our company.
Refund Procedure: Please contact us using the contact form located at the bottom of the page, under the "Contact" section.
Article 10: Warranties
In accordance with the law, the Seller provides two warranties: a warranty of conformity and a warranty against hidden defects in the products.
The Seller will refund the buyer or exchange any products that appear to be defective or do not match the order placed. Refund requests must be made as follows: Please contact us using the contact form located at the bottom of the page, under the “Contact” section.
The Seller reminds the consumer that:
The consumer has two years from the date of delivery of the goods to enforce the statutory warranty of conformity in the event that a lack of conformity arises. During this period, the consumer is only required to establish the existence of the lack of conformity, not the date on which it first appeared. When the contract for the sale of the good provides for the continuous supply of digital content or a digital service for a period exceeding two years, the statutory warranty applies to such digital content or digital service throughout the entire period of supply provided for in the contract. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service, and not the date on which it first appeared. The statutory warranty of conformity imposes an obligation on the seller, where applicable, to provide all updates necessary to maintain the conformity of the goods. The statutory warranty of conformity entitles the consumer to have the good repaired or replaced within thirty days of their request, at no cost and without significant inconvenience to them. If the good is repaired under the statutory warranty of conformity, the consumer is entitled to a six-month extension of the original warranty. If the consumer requests repair of the product but the seller insists on replacement, the statutory warranty of conformity is renewed for a period of two years from the date of replacement. The consumer may obtain a reduction in the purchase price while retaining the product or terminate the contract by receiving a full refund upon return of the product, if: 1° The seller refuses to repair or replace the product; 2° The repair or replacement of the goods occurs after a period of thirty days; 3° The repair or replacement of the goods causes significant inconvenience to the consumer, particularly when the consumer is permanently responsible for the costs of returning or picking up the non-conforming goods, or if the consumer bears the costs of installing the repaired or replacement goods; 4° The nonconformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity. The consumer is also entitled to a price reduction or to rescind the contract when the lack of conformity is so serious that it justifies an immediate price reduction or rescission of the contract. In such cases, the consumer is not required to first request repair or replacement of the goods. The consumer is not entitled to rescind the sale if the lack of conformity is minor. Any period during which the goods are out of service for repair or replacement suspends the warranty period remaining until the restored goods are delivered. The rights mentioned above arise from the application of Articles L. 217-1 through L. 217-32 of the Consumer Code. A seller who, in bad faith, obstructs the enforcement of the statutory warranty of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to up to 10% of the average annual revenue (Article L. 241-5 of the Consumer Code). The consumer is also entitled to the statutory warranty against hidden defects pursuant to Articles 1641 through 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are retained, or to a full refund upon return of the goods.
Article 12: Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, text, or, more generally, any information subject to intellectual property rights are and remain the exclusive property of the seller.
No transfer of intellectual property rights takes place through these Terms and Conditions.
Any reproduction, in whole or in part, modification, or use of these materials for any reason whatsoever is strictly prohibited.
Article 13: Disputes and Mediation
The European Commission offers consumers the opportunity to resolve disputes online through one of its platforms. In accordance with Article 14(1) of the Online Dispute Resolution Regulation (ODR), we are required to inform you of the existence of this platform and its role in online dispute resolution. The online dispute resolution platform is available at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
It is designed to help consumers and professionals resolve disputes related to online purchases of goods or services without having to go to court. These General Terms and Conditions of Sale (GTC) are governed exclusively by French law.
In the event of a dispute arising from the interpretation or enforcement of these Terms and Conditions, the customer may submit a written complaint to the seller’s customer service department by certified mail with return receipt requested at the following address: 18 Allée DE LA BAROUSSE, 31770 COLOMIERS, or by email: Girlspowers.contact@gmail.com
In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, our company has established a consumer mediation process. The selected mediation entity is: CNPM - MEDIATION - CONSOMMATION. In the event of a dispute, you may file a complaint on its website:http://cnpm-mediation-consommation.euorby mail by writing to CNPM - MEDIATION - CONSOMMATION, 27 Avenue de la Libération, 42400 SAINT-CHAMOND.
If the complaint filed with the customer service department is unsuccessful, or if the department fails to respond within two months of receiving the written complaint, the customer may file a complaint with a consumer ombudsman free of charge.
The mediator will, acting with complete independence and impartiality, attempt to bring the parties together to reach an amicable resolution, in accordance with Articles L.612-5 et seq. of the Consumer Code. The customer must submit their request to the mediator within one year of filing a written complaint with the seller.
The customer remains free to initiate, accept, or refuse mediation. If mediation is pursued, the parties remain free to accept or reject the solution proposed by the mediator. If mediation fails, any dispute shall be subject to the exclusive jurisdiction of the French courts designated in accordance with French procedural rules.
Article 14: Force Majeure
The Seller’s performance of its obligations hereunder shall be suspended in the event of an unforeseeable circumstance or force majeure that would prevent such performance. The Seller shall notify the Customer of the occurrence of such an event as soon as possible.
Article 15: Invalidity and Amendment of the Contract
If any provision of this contract were to be held invalid, such invalidity shall not affect the validity of the other provisions, which shall remain in full force and effect between the parties. Any amendment to this contract shall be valid only upon written agreement signed by the parties.
Article 16: Protection of Personal Data
In accordance with the French Data Protection Act of January 6, 1978, you have the right to inquire about, access, modify, object to, and correct your personal data. To exercise this right, please contact us by email at contact@DOMAINNAME. By agreeing to these terms and conditions of sale, you consent to
- that we collect and use this data to fulfill this contract. By entering your email address on any of the websites in our network, you will receive emails containing information and promotional offers regarding products published by the Company and its partners. You may unsubscribe at any time. To do so, simply click on the link at the bottom of our emails or contact the data controller (the Company) by certified mail with return receipt requested. We track website traffic across all of our sites. To do this, we use tools such as Google Analytics and other statistical tools.
Article 17: Governing Law
All provisions contained in these General Terms and Conditions of Sale, as well as all purchase and sale transactions referred to therein, shall be governed by French law.
Our Terms and Conditions of Sale were created from the website https://www.donneespersonnelles.fr/