Terms of Sales

PREAMBLE :

These general terms and conditions of sale (hereinafter referred to as "GTC"), as well as the sections "Personal Data" and "Legal Notices", apply to the merchant website elyssacosmetiques.com (hereinafter referred to as "the Elyssa Cosmétiques Online Store"), where cosmetic products of the Elyssa Cosmétiques brand are offered for sale, hereinafter referred to as "the Products") intended for delivery in mainland France, Corsica, Monaco (excluding PO boxes) and Europe (hereinafter referred to as "the Territory").

By placing an order on the Elyssa Cosmetics Online Store, the customer (hereinafter referred to as "the Customer") fully and entirely accepts these General Terms and Conditions. The General Terms and Conditions can be saved and/or printed and are accessible from all pages of the Elyssa Cosmetics Online Store. They can be modified at any time, and the applicable General Terms and Conditions are those accepted by the Customer when placing their order, accessible from the order confirmation email.

The site "elyssacosmetiques.com" (hereinafter referred to as "the Site"), which presents in particular the Elyssa Cosmétiques Online Store, is published by the company COSMETICS HAIR DREAM LIMITED (hereinafter THE SELLER) represented by Mrs. Hanane El Hakym, registered in the trade register under number 713918 Ireland. Its Registered Office: Unit 3d north point house north points business park new mallow road cork co, Ireland

And his email address is

elyssacosmetiques.com@gmail.com

Any order placed for a product listed in the online store of the site (hereinafter THE SELLER SITE) requires prior consultation and acceptance of these general terms and conditions of sale. The click to validate the order implies full acceptance of these terms and conditions. This click has the value of a “digital signature”

The Elyssa Cosmetics Online Store allows COSMETICS HAIR DREAM LIMITED to offer the sale of Products to non-professional customers, consumers, aged over 18 and with full legal capacity. Sales are made at retail, for strictly personal purposes. Consequently, COSMETICS HAIR DREAM LIMITED limits orders to a maximum of four (4) copies of the same reference and to fifteen (15) products purchased by the same Customer.

ONLINE STORE CUSTOMER SERVICE.

For any questions regarding your order, COSMETICS HAIR DREAM LIMITED provides the Customer with an accessible customer service:

• Monday to Friday from 10 a.m. to 1 p.m. and from 2 p.m. to 5 p.m., at the email address contact@elyssacosmetiques.com
• On the Elyssa Cosmetics online store via the “Contact” link.

PRODUCTS:

The Products available for sale on the Elyssa Cosmetics Online Store are described and presented with the most meticulous attention to detail possible, including specifications, illustrations, size, and other relevant information. However, the Customer is recommended to refer to the description of each Product, accessible by clicking on the "Product Sheet", in order to obtain in-depth knowledge of its properties and particularities, in particular with regard to the characteristics sought. The choice and purchase of a Product are entirely the responsibility of the Customer.

Unavailability of a Product:

If a Product is not available, you will be informed of this situation in the following manner:

• When placing your order, a message will be displayed to indicate that the desired Product is temporarily unavailable.
• After validation of your order and before delivery, you will receive an email informing you of the unavailability of the Product.

We promise to refund you within 14 days from the date of your order.

PRICE :

The prices applied are those displayed on the Elyssa Cosmetics Online Store at the time of ordering.

It is important to note that prices are subject to change. Thus, if the Customer has created a customer account, the prices displayed in the "My account / My orders" section on the order summary page correspond to the prices paid by the Customer for previous orders. However, it is possible that the functionality allowing the Customer to reorder a product from this page may offer the product at a different price than the one paid for the previous order. Therefore, the Customer is advised to pay attention to the price in effect at the time of ordering and when adding the product to the shopping cart.

Prices are displayed in Euro (€) inclusive of all taxes (TTC) and do not include the delivery costs of the order (called "Delivery Costs"). These Delivery Costs will be indicated to the Customer when validating the basket as well as on the summary page of the order, before validation and payment of said order.

Payments:

The amount to be paid by the Buyer corresponds to the amount indicated on the order confirmation displayed on the dedicated web page and subsequently sent by email by the Seller to the Buyer.

When confirming his order, the Buyer has the choice between several payment methods.

Payment must be made at the time of ordering, online only, by credit card (Visa, Mastercard, Carte Bleue, Apple Pay or American Express).

The order is only considered validated by the Seller after acceptance of the General Conditions of Sale by the Buyer, verification and confirmation of the validity of the payment, and sending by the Seller of confirmation of acceptance of the order to the Buyer.

In all cases, the Seller reserves the right to refuse any order or delivery in the event of exceeding the ceilings mentioned in the "Purchase Conditions" section (ongoing dispute with the Buyer, total or partial non-payment of a previous order by the Buyer, refusal of authorization of payment by bank card by banking organizations, (non-payment or partial payment.

In case of payment by credit card, the amount of the order is debited after it has been shipped.

VIRTUAL PAYMENT :

• Paypal

PAYMENT PROCESS AND SECURITY

After validating your shopping cart, you will be redirected to the payment page for optimal security. The payment page does not belong to Elyssa Cosmétiques; no payment information will transit or be stored on the Elyssa Cosmétiques website.

Once the order is accepted, you will be redirected to the elyssacosmetiques.com website to see the summary of your order.

Please be careful not to close the payment page before redirecting to our confirmation page which provides your order number. You will also receive a confirmation email.

Elyssa Cosmétiques reserves the right to refuse to process an order if it does not provide all the necessary guarantees to ensure compliant and secure payment and in the event of suspicion of fraud or illegal activity according to French and European laws.

Any order implies payment. Appropriate legal action will be taken in the event of fraudulent payment.

3-D SECURE

In order to provide you with a secure transaction, Elyssa Cosmetics may trigger the 3D Secure protocol for authentication purposes. After entering your credit card details, you will be redirected to your bank's online page or application, in order to comply with its authentication protocol.

REFUND PROCESS

In the case of a physical return, please follow the instructions explained in our General Conditions of Sale.

Order :

To place an order, the buyer must first log in to the site.

The buyer can then view the different products offered for sale on the site and make their choice by browsing the product categories, using the search engine or accessing the different pages of the site.

While browsing the site, if the buyer wishes to order a product, he can simply click on the add to cart button.

Once this operation is done, the buyer sees the number of products added to his cart. Please note that the contents of the cart may have a limited validity period.

The buyer can continue his visit or access his basket to see the detailed contents of his order, including the essential characteristics of the products, the total amount of the order, the billing and delivery information, the deadlines, the delivery costs and the rights and guarantees available to the buyer.

The buyer has the possibility to return to his order, to modify it or to cancel it as long as it has not been definitively validated. If he wishes to add other products, he can continue his navigation on the site knowing that the selected products are kept in his basket.

Once the product selection is complete, the buyer can place an order by confirming their order via the appropriate button. A new page then opens and invites the buyer to:

• Log in with your username (email address) and password if you are already registered on the site.
• Complete a personal data collection form by providing the required information such as name, first name, email address, billing address and shipping address.

The buyer undertakes to provide accurate information in the form. He acknowledges that the data communicated to the seller and stored in the information systems of the seller and/or its subcontractors are accurate and constitute proof of his identity. Please note that this personal data is governed by the privacy policy accessible on the site.

After checking the contents of his order, the buyer is invited to:

• Click on the button to access the payment of your order in accordance with these general conditions of sale.
• Click on the button to modify your basket and/or your personal details.

By clicking on the order payment button, the buyer must read the general conditions of sale, then confirm their acceptance by carrying out a confirmation action required on the site (for example, by checking a box).

Once the buyer has confirmed his acceptance of the general conditions of sale, a page dedicated to the payment of the order opens. Any order implies a mandatory payment, which means that placing an order entails a payment on the part of the buyer.

Order confirmation

Once you have confirmed your order and your payment has been validated according to the terms described below, a summary of your order, which can be printed and saved, is displayed and includes the order references.

As soon as possible, you will receive an order confirmation email from the seller to the email address you provided. This email will contain the following information:

• The identity of the seller and their contact details.
• The order reference recorded when placing the order.
• A summary of the order and the essential characteristics of the products.
• Delivery times, costs and possible restrictions.
• The total amount of the order, including all taxes.
• Your legal rights and guarantees as a buyer.
• Confirmation of payment.
• The general conditions of sale.
• The withdrawal form.

The seller retains ownership of the products or services ordered until full payment of the price and its accessories, including shipping costs. In the event of a payment incident, you agree to return, at your expense, the products received at the seller's first request.

In order to protect the seller against fraudulent practices, if the seller or the online payment provider suspects a fraudulent order, they reserve the right to request additional documents from the buyer (such as proof of identity) before processing the order, in order to verify its non-fraudulent nature.

If no response from you is received within fifteen (15) days of the request from the seller or the online payment provider, the order will be cancelled and no payment will be collected by the seller. If payment for the order has already been collected, the seller will proceed with the refund within fourteen (14) days following the expiration of the period mentioned, according to the payment method used by the buyer.

Proof of order:

It is expressly agreed between the seller and the buyer that e-mails constitute proof between the parties, as well as the automatic recording systems used on the site, with regard to the nature and date of the order.

If necessary and in accordance with the rules of common law, the buyer may obtain access to the electronic contract concluded between himself and the seller. For this purpose, he may contact customer service by providing all the necessary information, including the order number and his contact details.

DELIVERY AND RECEIPT

Delivery terms

Once the order is prepared, it is shipped to the postal address indicated by the buyer when ordering.

The products are delivered by postal services or by a specialized service provider (depending on the delivery options selected) called "Carrier". In the event of the buyer's absence, the carrier leaves a delivery notice in the mailbox. The buyer must then contact the carrier to agree on a new delivery date. It is important to note that if the buyer does not contact the carrier, the latter will make two further delivery attempts at dates and times determined at its discretion.

Please note that the carrier keeps the package for a period of ten (10) days after the first delivery attempt.

Time limit

Orders are generally processed within an indicative period of one (1) business day. Please note that the order will only be shipped once it has been processed.

Once the order is processed, the corresponding products are shipped and delivered within an estimated time of 3 to 5 business days. Please note that Sundays and public holidays are not considered business days.

In all cases, the order will be executed within a maximum period of thirty (30) days from the day following validation of the order by the buyer, subject to full payment of the price and compliance with the conditions of purchase defined in the article "Conditions of Purchase" of these general conditions of sale.

If delivery is not made by the end of the mentioned period, the Buyer has the option of cancelling his order in accordance with the conditions set out in the article entitled "Delay in Delivery". 

Delivery delay:

If the delivery of the order is delayed, i.e. if the maximum period of thirty (30) days after validation of the order is exceeded, the Buyer must promptly inform the Seller of this delay by sending an email. This notification will allow the Seller to conduct an investigation with the Carrier.

If, during this investigation, the order is found within 7 days from the date of notification by the customer, it will be sent to the destination specified in the order within 14 days from the date of notification by the customer. However, if the order is not found within 7 days or if the investigation concludes that the order is lost, the Seller will proceed to a full refund of the sums paid by the Buyer, including delivery costs, within 14 days from receipt of the customer's notification, according to the payment method used.

In any case, if the delay in delivery exceeds 16 working days from the notification of the delay by email from the Buyer, provided that this delay is not due to a case of force majeure, the Buyer has the possibility of canceling his order by contacting Customer Service.

If the Buyer exercises his right of cancellation in accordance with the conditions of article 5.c, the Seller will not proceed to collect the price of the order.

If payment for the order has already been collected, the Seller will reimburse all amounts paid by the Buyer, including delivery costs, according to the payment method used, within a maximum period of fourteen (14) days from receipt of the cancellation, without any other compensation being due.

Reception :

Each time a Product is delivered by the Carrier to the Buyer or to a third party designated by the Buyer, the delivery is considered to have been made. It is the Buyer's responsibility to immediately check, upon receipt, the conformity and integrity of the Product(s) shipped.

If an anomaly or reservation is noted upon delivery (such as a late delivery, a missing or damaged product), the Buyer must report it fully and precisely on the receipt provided by the Carrier at the time of delivery of the Products. In addition, this anomaly or reservation must be confirmed by registered letter addressed to the Carrier within ten (10) days following receipt of the order.

It is also necessary to simultaneously and promptly inform the Seller's Customer Service via this link of any such reservation. A copy of the complaint addressed to the Carrier must be attached to this notification.

LEGAL GUARANTEES

Description of legal guarantees:

The legal guarantee of conformity, in accordance with Articles L. 217-3 et seq. of the Consumer Code, requires the seller to provide a product that complies with the buyer's order and to assume responsibility for any lack of conformity present upon delivery, within two years of delivery.

The seller is also liable for defects in conformity related to the packaging, within the same time limits. These warranty periods apply without prejudice to the provisions of Articles 2224 et seq. of the Civil Code. The limitation period for the buyer's action begins from the moment he becomes aware of the lack of conformity.

To comply with the contract, the product must in particular:

1. Correspond to the description, type, quantity, quality or other characteristic provided for in the contract.
2. Be suitable for any special purpose requested by the buyer and accepted by the seller.
3. Be delivered with all accessories provided for in the contract.

In addition to the contractual compliance criteria, the product is considered compliant if it meets the following criteria:

1. It is suitable for the usual use of a similar product, taking into account, where appropriate, the provisions of European Union and national law, as well as technical standards or codes of conduct applicable to the sector concerned.
2. If applicable, it has the qualities presented to the buyer in the form of a sample or model before the conclusion of the contract.
3. If applicable, it comes with all the accessories, including packaging, that the buyer can legitimately expect.
4. It corresponds to the quantity, quality and other characteristics, including durability and safety, that the buyer can legitimately expect for a similar product, taking into account the nature of the product and public statements made by the seller, the parties upstream of the transaction or their representatives, including in advertising or labeling.

However, the seller is not bound by the public statements mentioned above if he can prove:

1. That he was not aware of them and could not legitimately know them.
2. That the public statements have been corrected in a manner comparable to the initial statements at the time of conclusion of the contract.
3. That public statements did not influence the purchasing decision.

The buyer cannot contest conformity by invoking a defect concerning one or more specific characteristics of the product, of which he was specifically informed and to which he expressly consented when concluding the contract.

Except for specific exceptions for certain products, the seller does not provide any commercial guarantee within the meaning of Article L. 217-21 of the Consumer Code.

The legal guarantee against hidden defects, in accordance with Article 1641 of the Civil Code, also obliges the seller to guarantee hidden defects in the product which make it unfit for its intended use or which reduce its usefulness so much that the buyer would not have acquired it, or would have purchased it at a lower price, if he had known about them.

The action in the event of hidden defects must be brought by the buyer within two years of the discovery of the defect.

Procedure to follow:

If the products delivered do not correspond to those ordered by the buyer or have hidden defects, the buyer must send an email to the seller's customer service at this address to report the non-conformity or hidden defects of the products.

The Seller's customer service will acknowledge receipt of the Buyer's request and provide instructions to follow. Once instructions have been received from the Seller's customer service, the Buyer will return the non-compliant or defective products to the Seller, at the address indicated by the customer service.

The products must be returned, at the seller's expense, in their complete condition, unused (except in the case of hidden defects), in their original packaging intact, and accompanied as far as possible by their original packaging, the return slip and a copy of the invoice.

In addition, the seller does not accept packages sent freight collect. All risks associated with the return of the product(s) are the responsibility of the seller.

Upon receipt of the product(s) presumed to be non-compliant or affected by a hidden defect, the seller will carry out a check to determine whether they are compliant or not. Similarly, the seller may carry out quality tests on the product(s) returned by the buyer to verify whether they correspond to the original products. These checks will be carried out as soon as possible and at the latest within one month.

Content of legal guarantees:

If the non-conformity of the product(s) is confirmed or if a hidden defect is proven, the buyer has the choice between repair and replacement of the product, subject to the cost conditions provided for in Article L. 217-12 of the Consumer Code. It is important to note that the buyer has a period of two (2) years from the delivery of the product to take action and that he is not required to prove the existence of the lack of conformity of the product during the twenty-four (24) months following the delivery of the product.

Regarding the guarantee against hidden defects in the thing sold, in accordance with article 1641 of the Civil Code, the buyer can choose between the resolution of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.

PERSONAL DATA

Processing of personal data:

The provision of personal information (data of a personal nature), indicated by an asterisk, and collected during distance selling is mandatory. This information is necessary for the processing and delivery of orders, as well as for the preparation of invoices. It is strictly confidential and is used only by the Seller, or its subcontractors subject to the same obligations, in the context of processing orders in accordance with the Personal Data Protection Policy available here.

It is important to remember that the Buyer has the right to access, modify, rectify or delete his personal data.

To exercise this right, the Buyer can send a message accompanied by proof of identity to the Seller's Consumer Service at this address.

The Buyer may also receive informational emails about the Seller's products and activities, if he has previously given his consent by checking the box provided for this purpose. The Buyer retains the right to refuse such communications either by not giving his consent when validating the order, or subsequently by expressing his refusal by email to this address.

Use of cookies:

The site uses cookies, which are computer files stored on the hard drive of the Buyer's computer. For more information on the use of cookies by the Seller on this site, we invite you to consult the information available here.

MISCELLANEOUS PROVISIONS

Force majeure:

Neither party may be held liable for the total or partial failure to perform its obligations under these general conditions of sale if such failure is caused by an event constituting a case of force majeure.

Events considered to be cases of force majeure are those which meet the criteria established by the case law of the Court of Cassation and the legislation in force.

If a party invokes an event constituting a case of force majeure, it must inform the other party within five (5) working days following the occurrence of this event. The parties agree to consult promptly in order to jointly determine the terms of execution of the order during the duration of the case of force majeure. If the interruption due to a case of force majeure continues for more than one (1) month, the seller may decide not to honor the order, with the obligation to reimburse the buyer if applicable.

Partial invalidity:

If one or more clauses of these general conditions of sale are deemed invalid or declared as such under a law, regulation or final decision of a competent court, the other clauses remain fully in force.

Entirety of the T&Cs:

These general terms and conditions of sale and the order summary sent to the buyer constitute a complete contract and encompass all contractual relations between the parties. In the event of a contradiction between these documents, the general terms and conditions of sale shall prevail.

Modification of the T&Cs:

It is specified that the buyer can save or print these general conditions of sale, provided that they are not modified.

The general conditions of sale in force can be consulted at any time in the "General Conditions of Sale" section accessible from all pages of the site.

The seller reserves the right to update these general conditions of sale at any time. Such an update will be subject to prior and specific notification on the site.

Applicable law and competent jurisdictions:

These general terms and conditions of sale and the contractual relations between the buyer and the seller are governed by French law. In the event of a dispute between the buyer and the seller, and in the absence of resolution of the dispute within the framework of the mediation provided for in Article 8 above, the latter will be brought before the competent French courts.