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General Conditions of Sale to professionals

Between KHM EYELASH (SAS), 761 Route de Closel et Claritière, 38110 FAVERGES DE LA TOUR, with a share capital of €4,000, registered with the Vienna Trade and Companies Register under number B 853 194 132, represented by Mrs ALBISSER Thi Thuy Lieu, as president, duly authorized for the purposes hereof. The Company can be reached by email by clicking on the contact form accessible via the home page of the site. Hereinafter the “Seller” or the “Company”.

On the one hand, and the natural or legal person, public or private, who acts for purposes falling within the scope of his commercial, industrial, craft, liberal or agricultural activity, including when he acts in the name or on behalf of of another professional) proceeding to the purchase of Products or services of the Company, hereinafter, "the Buyer", or "the Customer" on the other hand, it has been exposed and agreed as follows:

PREAMBLE

The Seller is a publisher of Products in the field of eyelash extension intended for professionals, marketed through the intermediary of the  site Internet (http://www.lashfloral.com). The list and description of the goods offered by the Company can be consulted on the aforementioned site.

The Website www.lashfloral.com offers Products for sale, some of which are intended exclusively for professionals in the field of eyelash extension, who have received adequate training. As a professional, the Customer declares to know the Products and to master their use. The Seller shall not be liable in the event of use of a Product that does not comply with the rules of use. The Seller declines all responsibility in the event of the purchase and use of such a Product by a consumer and non-professional Customer.

 

Article 1: Purpose and general provisions

These General Terms and Conditions of Sale determine 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 website, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these at any time by publishing a new version on its website. The GCS then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These T&Cs can be viewed on the Company's website at the following address:www.lashfloral.com. The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click.

The Customer declares to have read all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale linked to a Product, and to accept them without restriction or reservation.
The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs.
The Customer declares to be able to legally contract under French law or validly represent the natural person for whom he is committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Placing an order implies a payment obligation on the part of the Customer.

 

Section 2: Products

The essential characteristics of the Products and their prices are made available to the Buyer on the Company's website. The Customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract.
The characteristics of the products sold are given for information only.
Non-contractual photo, the Seller tries that the photos are as close as possible to reality but it is possible that the colors are slightly different.

 

Article 3: Availability of Products

The Seller undertakes to honor the Customer's order within the limit of available Product stocks only. The unavailability of a Product is in principle indicated on the Product page. The Customer may also be informed of the restocking of a Product by the Seller. If necessary, the Seller informs the Customer as soon as possible.

-           _cc781905-5cde- 3194-bb3b-136bad5cf58d_  The Seller may offer the Customer to replace the unavailable Product(s) with one or more equivalent Products. The Customer will be required to pay the price difference or the Customer will receive a credit note corresponding to the price difference.

-           _cc781905-5cde- 3194-bb3b-136bad5cf58d_  The Customer who does not wish the replacement may request the cancellation of his order for the Product(s) concerned. The Seller has a period of 30 days to reimburse the Customer for his entire order in the event of the cancellation of the complete order. In case of partial delivery, shipping costs are not refundable and only unavailable products will be refunded.

 

Article 4: Price

The prices of the Products through the Seller's website are indicated in Euros excluding taxes and precisely determined on the Product description pages. They are also indicated in euros excluding taxes (HT) on the Product order page.

The price of the Products does not include delivery costs, which are therefore added, where applicable, to the amount of the order (see the Delivery Policy).

The VAT, applicable to the amount excluding tax of the Products and to the delivery costs, is added to the amount paid by the Customer. The VAT is calculated according to the rate in force of the country arrived at the date of order. Any modification of the applicable rate may impact the price of the Products from the date of entry into force of the new rate.

The total amount in Euros including all taxes (TTC) will be indicated on the Order summary page called "My basket".

For the DOM-TOM Customer, you are exempt from VAT if you deliver goods to the overseas departments (Guadeloupe, Guyana, Martinique, Mayotte or Reunion). Indeed, according to 1° of 2 of article 294 of the general tax code (CGI), the overseas departments are considered as export territories. The invoice must therefore include the following statement: “VAT exemption pursuant to article 294 of the general tax code”.
The DOM-TOM Customer must go through the contact form to get an estimate and know the condition of the VAT exemption in application of article 294 of the general tax code (CGI).

For the Customer – European Company which has a valid VAT number, you must go through the contact form to obtain a quote and the conditions of the VAT exemption on intra-Community delivery according to article 262 ter 1 of the CGI.
The tax identification numbers (intra-community VAT number) of companies in the Member States of the European Union are grouped together in a computer database which can be consulted on the official Europa website.https://ec.europa.eu/taxation_customs/vies/vieshome.do?locale=en.
If the intra-community VAT number is not valid, VAT is applicable according to the distance selling regime.

Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the Buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the Buyer to find out about these aspects from the corresponding local authorities.

The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Company's websites are the responsibility of the Client. Where applicable also the delivery costs.
 

Article 5: Conclusion of the online contract

The Customer must follow a series of steps specific to each Product offered by the Seller in order to place his order. However, the steps described below are systematic: 
➢ Connect to the website
➢ Information on the essential characteristics of the Product; 
➢ Choice of Product: add Products to your cart
➢ Indication of the Customer's essential data (identification, address, etc.); 
➢ Choice of delivery method
➢ Verification of the elements of the order (Products, amount excluding tax, shipping costs, VAT, including tax, etc.) and, if necessary, correction of errors. 
➢ Acceptance of these General Conditions of Sale. 
➢ Follow-up of instructions for payment, and payment of Products. 
➢ Delivery of Products.

The Customer will then receive an e-mail confirmation of payment for the order, as well as an acknowledgment of receipt of the order. These emails only confirm the details of your order and the fact that your order has been received. They do not constitute an acceptance of your order which will be honored subject to the availability of stock.

For the Products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide its true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

 

Article 6: Delivery policy

6.1 Shipping area:

Metropolitan France, DOM-TOM, the countries of the European Union and International

6.2 Shipping Time:

Orders are generally prepared and shipped within 2 working days* after receipt of payment (excluding weekends and public holidays). They are sent via the carrier chosen by the Customer at the time of payment. Whatever the delivery method chosen, the Seller sends a link to the Customer to track his package online and the delivery time (depending on carriers) will have to be added to the preparation time of your order.

In the event of a delay in the dispatch of the Order in relation to the scheduled deadlines, an e-mail will be sent to the Customer as soon as possible to inform him of this.

* Working days: Monday to Friday, excluding public holidays.
Please note: orders placed on Saturday and Sunday will only be prepared and shipped the following Monday, provided that it is not a public holiday. 

6.3 Shipping costs:

Shipping costs include preparation and packaging costs as well as postage.

6.4 Shipping costs:

The preparation costs are fixed, while the transport costs vary according to the total weight of the package, the shipping address, the carrier and/or the delivery method. We recommend that you consolidate all of your items into one order. We cannot combine two orders placed separately and shipping charges apply to each of them.

Shipping costs are free from 99 € of purchases excluding VAT, with Colissimo home delivery in the mailbox for Metropolitan France.(not applicable during the sales period)

Delivery methods and times:

The Customer chooses the delivery method during the ordering process. The costs and delivery times will be indicated on the summary of the order called "My Basket" before validating the payment. These delivery costs will be payable by the Customer in addition to the price of the Products purchased.

STANDARD delivery:

In France

Colissimo: Delivery without signature in the mailbox from 48 hours after dispatch

In Europe, DOM-TOM

Europe - UPS: Home delivery from 2 working days after dispatch.

DOM-TOM: Standard overseas Colissimo from 11 to 31 days (excluding customs processing)
Internationally :
Delivengo International: Delivery from 12 working days after dispatch.

PRIORITY delivery:

In France

UPS: Home delivery from 1 working day after shipment

In Europe

TNT: Home delivery from 2 working days after dispatch

Above the deadlines given as an indication. (Deadline not guaranteed by the carrier: no refund can be granted if the carrier exceeds these indicative deadlines).

6.5 Delivery method

Delivery will be made to the address indicated by the Customer at the time of the Order.

The Colissimo delivery "without signature" indicated "delivered" in the LA POSTE system will be considered as made. The Seller will not be held responsible if the Customer has not received it. However, an inquiry may be made with the carrier.

For other carriers, a signature will be required against delivery of the package upon presentation of an identity document. In case of absence, the package will be made available to you at a relay point near the delivery address. The Customer has a time limit indicated by the carrier to pick it up by hand, with an identity document.
After this period, the package will be automatically returned to the Seller. As soon as the Customer has not come to pick up his parcel at the relay point, he cannot demand reimbursement of the delivery costs he has paid.

6.6 Late delivery:

The above delivery times are announced subject to availability of items and force majeure (strike, bad weather, health crisis, etc.). Delivery charges are not refundable under any circumstances.

No compensation or reimbursement will be granted in the event of a delay in delivery linked to reasons beyond the Seller's responsibility.

6.7 Delivery problem: Missing products, damaged packages, broken products, etc.

Your package is shipped at your own risk, but special attention is paid to fragile items.

In the event of damage noted upon receipt, the Customer must imperatively refuse the package and specifically write a reservation on the carrier's delivery note: "open package or Products broken during transport".
It is necessary to clearly write down the damage noticed for the claim to be considered valid. Writing "subject to unpacking" on the delivery note is not valid in the event of a complaint. (Feel free to take pictures if needed).

The Customer must immediately report the refusal of the package to the Seller by email atcontact@lashfloral.comor via the contact form or by mail to the address KHM EYELASH SAS 761 Rte de Closel et Claritière 38110 FAVERGES DE LA TOUR, France.

The Seller accompanies the Customer in the steps with the carrier in the event of problems. At the end of the investigation with the carrier, a credit note may be offered to the Customer.

 

Article 7: Retention of title clause - Transfer of risks

The transfer of ownership of the Seller's Products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, or possibly of the commercial instruments issued in representation of this price, and this regardless of the date of delivery of the said Products.

Whatever the date of the transfer of ownership of the Products and the delivery of the Products, the transfer of the risks of loss and deterioration will be carried out upon delivery of the Products to the carrier. The Products therefore travel at the Customer's risk and peril.

 

Article 8: Payment

Payment is due immediately upon ordering, including for pre-ordered Products.

8.1 Methods of payment

The following payment methods can be used:

  • The Customer can pay by credit card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider (Square). The information transmitted is encrypted in the state of the art and cannot be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately resolved as of right and the order cancelled.

  • The Customer can also choose to pay by Paypal, directly using the Paypal interface available upon validation of the order. The Paypal service provider is independent of KHM EYELASH, which does not intervene in any way in the use of said service. All the terms and conditions related to payment via the Paypal payment solution are governed by the general conditions of use of this service. The Seller   cannot be held responsible for any malfunction occurring on the Paypal payment platform. In the event of payment via Paypal, the Customer also agrees to be bound by the general conditions of use of Paypal, accessible at the abovementioned address. These may be subject to change by Paypal only.

  • The Customer can pay for the order to the following bank account:
    Bank: CCM
    IBAN: FR76 1027 8073 7000 0206 9920 246
    BIC/SWIFT: CMCIFR2A

8.2 Default of payment:

The Seller reserves the right to refuse to make a delivery or to honor an order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.

8.3 Late payment:

Late payment penalties (annual rate): 3 times the current legal interest rate.
Lump-sum compensation For recovery costs in the event of late payment: €40

 

Article 9: Right of withdrawal:

The right of withdrawal does not apply to Professional Customers. The withdrawal for companies is considered to be a commercial gesture and will remain exceptional. The Customer is invited to contact the Seller via the contact form or by email at contact@lashfloral.com before any procedure for returning Products.

After express agreement from the Seller, the Products may be returned to the Seller. Only the price of the Product(s) purchased will be refunded, the return costs remain the responsibility of the Customer.
Returns of Products must be made in their original and complete condition (packaging, accessories, instructions, etc.) so that they can be resold in new condition; if possible, they must be accompanied by a copy of the proof of purchase.

 

Article 10: Returns, Exchanges, Replacements or Refunds

10.1 Returns

Only non-compliant and/or defective Products can be returned. No item can be returned unless the Customer has previously informed the Seller of his right of withdrawal (The right of withdrawal only concerns consumer Customers - Non-professionals)

After having expressed his wish to withdraw, the Customer must return or return the Products to the Seller, without undue delay, and, at the latest, within 14 days of the communication of his decision to withdraw.
The Product must be returned in its original packaging. The Customer is invited to keep proof of return shipment of the Products.
The return costs remain in all cases the responsibility of the Customer.

Warning: Any Product that cannot be put back on sale cannot be refunded if the depreciation of the Product results from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this Product (for example, incomplete items, damaged , damaged, deteriorated or soiled, etc.) .

10.2 Exchanges Or Replacements

In the event of non-compliance of a Product sold, it may be returned to the Seller who will take it back, exchange it or refund it. Non-compliant products must be sent to the following Seller's address:
KHM EYELASH – 761 Rte de Closel et Claritière – 38110 FAVERGES DE LA TOUR, France.

Before signing on the delivery note, the Customer must check the model of the Product delivered and the condition of the Product in accordance with his request. Otherwise, he must refuse the package and note a reservation on the delivery note

After receipt of the Products, the Customer has a reasonable period of 7 days to verify the conformity of the Product and inform the Seller. Only non-compliant and/or defective Products can be exchanged or replaced. The Products will be checked by the Seller's After-Sales Service. Once the checks have been made, the exchange, replacement or refund procedure will be implemented and the Customer informed by email. If a Product is not considered defective after its inspection, the Seller cannot replace it. The Products will be returned to the Customer after receipt of payment of the reshipping costs. The articles in dispute will be kept for 30 days from the date of notification of the decision of non-replacement.

The deadline is three (3) weeks maximum for an exchange or replacement, subject to the availability of the Product in stock.

10.3 Refund

Incomplete, damaged, damaged or soiled Products will not be taken back, exchanged or refunded.

Your responsibility will be engaged for the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of our Products.

In the event of withdrawal, the Seller will reimburse the price of the returned Products as well as the delivery costs except in the event of partial return of the articles where all the delivery costs will not be reimbursed to the Customer, the amount of the delivery costs being lump sum.
The additional costs of delivery of the Products are the responsibility of the Customer if you have chosen a more expensive delivery method than the STANDARD delivery method offered by the Seller. For example, if the Customer chooses express delivery in 24 hours while the Seller offered a less expensive delivery method, the Customer pays the difference in cost between these 2 types of delivery.

The Seller uses the same means of payment as that used by the Customer for the initial transaction.

The Seller must reimburse at the latest within 14 days following the date on which it was informed of your decision to withdraw, unless there is justified delay. However, for a sale of goods, the Seller may defer reimbursement until the day of recovery of the goods or until the Customer has provided proof of shipment of the Products.

 

Article 11: Liability of the Seller & Warranties

In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the Products. However, the warranty against latent defects does not apply to Professional Customers of the same specialty as the Seller.

The Seller reimburses the Buyer or exchanges the non-compliant Products or those affected by a defect.

In the event that the exchange is impossible, the Seller undertakes to reimburse the price of the Product within 30 days of receipt of the returned Products. (see the return and refund policy) The refund can be requested using the return form. Reimbursement will take place after verification of the Products in their original packaging.

  The refund request must be made by making a request via the contact form before returning the Product. Otherwise, the Customer must bear the return shipping costs.

The responsibility of the Seller cannot be engaged in the following cases:

–  non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,

–  in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.

 

Article 12: Complaints

In the event of non-compliance with the order, the complaint must be made to the Seller via the contact form, within eight working days of receipt of the Products by the Customer. It is understood that any claim notified after these deadlines is worthless.

The complaint will give right, depending on the case, to a credit note, the validity of which is one calendar year following the date of the corresponding invoice.

Article 13: Intellectual property rights

Trademarks, domain names, Products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No assignment of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

 

Article 14: Force majeure

The performance of the Seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The Seller will notify the Customer of the occurrence of such an event as soon as possible.

 

Article 15: Nullity and modification of the contract

If one of the stipulations of this contract were cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.

 

Article 16: Protection of personal data

In accordance with the Data Protection Act of January 6, 1978, you have the right to query, access, modify, oppose and rectify personal data concerning you. By adhering to these general conditions of sale, you consent to our collection and use of this data for the performance of this contract. By entering your email address on our website, you will receive emails containing information and promotional offers concerning Products published by the Company. You can unsubscribe at any time. All you have to do is click on the link at the end of our emails or contact the KHM EYELASH Company by letter with AR.

The Customer can view the privacy policy via the link at the bottom of all pages of the www.lashfloral.com website.

 

Article 17: Applicable law

All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.
In the event that these General Conditions of Sale are translated into one or more languages, only the French text shall prevail in the event of a dispute.

This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and confirmation during the validation of the order. The parties agree that the illustrations or photos of the Products offered for sale have no contractual value. The period of validity of the Products offer as well as their prices is specified on the Company's websites. Except for special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the communicated email address).

All disputes relating to the validity, interpretation, execution, termination of these presents or their consequences will be submitted to the competent courts under the conditions of common law.

Article 18: Competent jurisdiction

In the event of a dispute, the customer is invited to contact the Seller to try to find an amicable agreement.

Any dispute relating to the sale (price, product, GTC, etc.) not resolved amicably will fall under the jurisdiction of the Commercial Court of Vienna.

 

Article 19: Archiving 

The electronic contract must be archived by the professional when it relates to a sum equal to or greater than €120 (articles L. 213-1 and D. 213-1 of the consumer code).

The Seller must keep it for ten years from the conclusion of the contract when the delivery of the goods is immediate. Otherwise, the period runs from the conclusion of the contract until the date of delivery of the goods, and for a period of ten years.

 

Effective Date November 23, 2022 

General conditions of sale to Individuals

Between KHM EYELASH (SAS), 761 Route de Closel et Claritière, 38110 FAVERGES DE LA TOUR, with a share capital of €4,000, registered with the Vienna Trade and Companies Register under number B 853 194 132, represented by Mrs ALBISSER Thi Thuy Lieu, as president, duly authorized for the purposes hereof. The Company can be reached by email by clicking on the contact form accessible via the home page of the site. Hereinafter the “Seller” or the “Company”.
On the one hand, and the natural person proceeding to the purchase of Products or services of the Company, hereafter, "the Buyer", or "the Customer" on the other hand, it was exposed and agreed what follows:

PREAMBLE

The Seller is a publisher of Products in the field of eyelash extension intended for individuals, marketed through the intermediary of the  website (http://www.lasfloral.com). The list and description of the goods offered by the Company can be consulted on the aforementioned site.
The lashfloral.com Website offers Products for sale, some of which are intended exclusively for professionals in the field of eyelash extension, who have received adequate training. As a professional, the Customer declares to know the Products and to master their use. The Seller shall not be liable in the event of use of a Product that does not comply with the rules of use. The Seller declines all responsibility in the event of the purchase and use of such a Product by a consumer and non-professional Customer.

Article 1: Purpose and general provisions

These General Terms and Conditions of Sale determine 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 website, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these at any time by publishing a new version on its website. The GCS then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These T&Cs can be viewed on the Company's website at the following address: www.lashfloral.com. The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click.
The Customer declares to have read all of these General Conditions of Sale, and where applicable the Special Conditions of Sale linked to a Product, and to accept them without restriction or reservation. 
The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. 
The Customer declares to be able to legally contract under French law or validly represent the natural person for whom he is committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Placing an order implies a payment obligation on the part of the Customer.

Section 2: Products

The essential characteristics of the Products and their prices are made available to the Buyer on the Company's website. The Customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract. 
The characteristics of the products sold are given for information only.
Non-contractual photo, the Seller tries that the photos are as close as possible to reality but it is possible that the colors are slightly different.

Article 3: Availability of Products

The Seller undertakes to honor the Customer's order within the limit of available Product stocks only. The unavailability of a Product is in principle indicated on the Product page. The Customer may also be informed of the restocking of a Product by the Seller. If necessary, the Seller will inform the Customer as soon as possible. 
-     The Seller may offer the Customer to replace the unavailable Product(s) with one or more equivalent Products. The Customer will be required to pay the price difference or the Customer will receive a credit note corresponding to the price difference.
-     The Customer who does not wish the replacement may request the cancellation of his order for the Product(s) concerned. The Seller has a period of 30 days to reimburse the Customer for his entire order in the event of the cancellation of the complete order. In case of partial delivery, shipping costs are not refundable and only unavailable products will be refunded.

Article 4: Price

The prices of the Products through the Seller's website are indicated in Euros excluding taxes and precisely determined on the Product description pages. They are also indicated in euros excluding taxes (HT) on the Product order page.
The price of the Products does not include delivery costs, which are therefore added, where applicable, to the amount of the order (see the Delivery Policy).
The VAT, applicable to the amount excluding tax of the Products and to the delivery costs, is added to the amount paid by the Customer. The VAT is calculated according to the rate in force of the country arrived at the date of order. Any modification of the applicable rate may impact the price of the Products from the date of entry into force of the new rate.
The total amount in Euros including all taxes (TTC) will be indicated on the Order summary page called "My basket".


For the DOM-TOM Customer, you are exempt from VAT if you deliver goods to the overseas departments (Guadeloupe, Guyana, Martinique, Mayotte or Reunion). Indeed, according to 1° of 2 of article 294 of the general tax code (CGI), the overseas departments are considered as export territories. The invoice must therefore include the following statement: “VAT exemption pursuant to article 294 of the general tax code”.
The DOM-TOM Customer must go through the contact form to get an estimate and know the condition of the VAT exemption in application of article 294 of the general tax code (CGI).


Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the Buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the Buyer to inquire about these aspects with the corresponding local authorities. 
The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Company's websites are the responsibility of the Client. Where applicable also the delivery costs.

Article 5: Conclusion of the online contract

The Customer must follow a series of steps specific to each Product offered by the Seller in order to place his order. However, the steps described below are systematic: 
➢ Connect to the website
➢ Information on the essential characteristics of the Product; 
➢ Choice of Product: add Products to your cart
➢ Indication of the Customer's essential data (identification, address, etc.); 
➢ Choice of delivery method
➢ Verification of the elements of the order (Products, amount excluding tax, shipping costs, VAT, including tax, etc.) and, if necessary, correction of errors. 
➢ Acceptance of these General Conditions of Sale. 
➢ Follow-up of instructions for payment, and payment of Products. 
➢ Delivery of Products.
The Customer will then receive an e-mail confirmation of payment for the order, as well as an acknowledgment of receipt of the order. These emails only confirm the details of your order and the fact that your order has been received. They do not constitute an acceptance of your order which will be honored subject to the availability of stock.
For the Products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide its true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

Article 6: Delivery policy

6.1 Shipping area:

Metropolitan France, DOM-TOM, the countries of the European Union and International.
6.2 Shipping time: 
Orders are generally prepared and shipped within 2 working days* after receipt of payment (excluding weekends and public holidays). They are sent via the carrier chosen by the Customer at the time of payment. Whatever the delivery method chosen, the Seller sends a link to the Customer to track his package online and the delivery time (depending on carriers) will have to be added to the preparation time of your order.
In the event of a delay in the dispatch of the Order in relation to the scheduled deadlines, an e-mail will be sent to the Customer as soon as possible to inform him of this.
* Working days: Monday to Friday, excluding public holidays.
Please note: orders placed on Saturday and Sunday will only be prepared and shipped the following Monday, provided that it is not a public holiday. 
6.3 Shipping costs: 
Shipping costs include preparation and packaging costs as well as postage. 
6.4 Shipping costs:
The preparation costs are fixed, while the transport costs vary according to the total weight of the package, the shipping address, the carrier and/or the delivery method. We recommend that you consolidate all of your items into one order. We cannot combine two orders placed separately and shipping charges apply to each of them. 
Shipping costs are free from €99 of purchases excluding VAT, with Colissimo home delivery to the mailbox for Metropolitan France. 
(not applicable during the sales period)

Delivery methods and times:
The Customer chooses the delivery method during the ordering process. The costs and delivery times will be indicated on the summary of the order called "My Basket" before validating the payment. These delivery costs will be payable by the Customer in addition to the price of the Products purchased.

STANDARD delivery:

In France

Colissimo: Delivery without signature in the mailbox from 48 hours after dispatch

In Europe, DOM-TOM

Europe - UPS: Home delivery from 2 working days after dispatch.

DOM-TOM: Standard overseas Colissimo from 11 to 31 days (excluding customs processing)

Internationally :

Delivengo International: Delivery from 12 working days after dispatch.

PRIORITY delivery:

In France

UPS: Home delivery from 1 working day after shipment

In Europe

TNT: Home delivery from 2 working days after dispatch


Above the deadlines given as an indication. (Deadline not guaranteed by the carrier: no refund can be granted if the carrier exceeds these indicative deadlines).

6.5 Delivery method
Delivery will be made to the address indicated by the Customer at the time of the Order. 
The Colissimo delivery "without signature" indicated "delivered" in the LA POSTE system will be considered as made. The Seller will not be held responsible if the Customer has not received it. However, an inquiry may be made with the carrier.
For other carriers, a signature will be required against delivery of the package upon presentation of an identity document. In case of absence, the package will be made available to you at a relay point near the delivery address. The Customer has a time limit indicated by the carrier to pick it up by hand, with an identity document.
After this period, the package will be automatically returned to the Seller. As soon as the Customer has not come to pick up his parcel at the relay point, he cannot demand reimbursement of the delivery costs he has paid.
6.6 Late delivery:
The above delivery times are announced subject to availability of items and force majeure (strike, bad weather, health crisis, etc.). Delivery charges are not refundable under any circumstances.
No compensation or reimbursement will be granted in the event of a delay in delivery linked to reasons beyond the Seller's responsibility.
6.7 Delivery problem: Missing products, damaged packages, broken products, etc.
Your package is shipped at your own risk, but special care is taken with fragile items. 
In the event of damage noted upon receipt, the Customer must imperatively refuse the package and specifically write a reservation on the carrier's delivery note: "open package or Products broken during transport".
It is necessary to clearly write down the damage noticed for the claim to be considered valid. Writing "subject to unpacking" on the delivery note is not valid in the event of a complaint. (Feel free to take pictures if needed).
The Customer must immediately report the refusal of the package to the Seller by email at contact@lashfloral.com or via the contact form or by mail to the address KHM EYELASH SAS 761 Rte de Closel et Claritière 38110 FAVERGES DE LA TOUR, France.
The Seller accompanies the Customer in the steps with the carrier in the event of problems. At the end of the investigation with the carrier, a credit note may be offered to the Customer.

Article 7: Retention of title clause - Transfer of risks

The transfer of ownership of the Seller's Products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, or possibly of the commercial instruments issued in representation of this price, and this regardless of the date of delivery of the said Products.
Whatever the date of the transfer of ownership of the Products and the delivery of the Products, the transfer of the risks of loss and deterioration will be carried out upon delivery of the Products to the carrier. The Products therefore travel at the Customer's risk and peril.

Article 8: Payment

Payment is due immediately upon order, including for pre-order Products. 
   8.1 Payment methods
The following payment methods can be used:
-     The Customer can pay by credit card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider (Square). The information transmitted is encrypted in the state of the art and cannot be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately resolved as of right and the order cancelled.
-     The Customer can also choose to pay by Paypal, directly through the Paypal interface available at the validation of the order. The Paypal service provider is independent of KHM EYELASH, which does not intervene in any way in the use of said service. All the terms and conditions related to payment via the Paypal payment solution are governed by the general conditions of use of this service. The Seller   cannot be held responsible for any malfunction occurring on the Paypal payment platform. In the event of payment via Paypal, the Customer also agrees to be bound by the general conditions of use of Paypal, accessible at the abovementioned address. These may be subject to change by Paypal only.
-     The Customer can pay for the order on the following bank account:
Bank: CCM
IBAN: FR76 1027 8073 7000 0206 9920 246
BIC/SWIFT: CMCIFR2A

8.2 Default of payment: 
The Seller reserves the right to refuse to make a delivery or to honor an order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.

8.3 Late payment: 
Late payment penalties (annual rate): 3 times the current legal interest rate.
Lump-sum compensation For recovery costs in the event of late payment: €40

Article 9: Consumer's right of withdrawal:

The right of withdrawal only concerns individual Customers (natural persons).
In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception , where applicable, return costs”. "The period mentioned in the preceding paragraph runs from receipt for the goods or acceptance of the offer for the provision of services". 
The right of withdrawal can be exercised by contacting the Company via the contact form or by email at contact@lashfloral.com. In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased will be refunded, the return costs remain the responsibility of the Customer. 
Returns of Products must be made in their original and complete condition (packaging, accessories, instructions, etc.) so that they can be resold in new condition; if possible, they must be accompanied by a copy of the proof of purchase.
9.1 Exclusions from the right of withdrawal: 
-       _cc781905-5cde-3194-bb3b-58d_bad
-        La fourniture de logiciels informatiques qui ont été descellés par le Client après la delivery,
          _cc781905-5cde-3194-bb3b-58d_ nature, are inseparably mixed with other articles,
-        La fourniture de biens susceptibles de se détériorer ou de se périmer rapidement,
-        La fourniture de biens qui ont été descellés par le consommateur après la livraison and which cannot be returned for reasons of hygiene or health protection.
9.2 Withdrawal period:
The right of withdrawal expires after 14 days from the day you received the last of the Products (in case of split delivery).
9.3 Withdrawal form:
The Customer can use the withdrawal form below:  
To the attention of KHM EYELASH
761 Rte de Closel and Claritière
38110 FAVEGES OF THE TOWER
FRANCE
I hereby notify the withdrawal of the contract relating to the order of the Products below:
-   Product(s) Reference: .................................. ............ 
-   Order No.: ...................................from: .................
-  Customer name: ..................................... .......................
-   Customer address: ..................................... ..................
- Means of payment used: ...........................................
- Signature of the Customer (only in the event of notification of this form on paper) 

Article 10: Returns, Exchanges, Replacements or Refunds

10.1 Returns
Only non-compliant and/or defective Products can be returned. No item can be returned unless the Customer has previously informed the Seller of his right of withdrawal. (The right of withdrawal is reserved for Consumer Customers – Non-professionals).
After having expressed his will to withdraw, the Customer must return or return the Products to the Seller, without undue delay, and, at the latest, within 14 days following the communication of his decision to withdraw._cc781905-5cde-3194- bb3b-136bad5cf58d_
The Product must be returned in its original packaging. The Customer is invited to keep proof of return shipment of the Products.
The return costs remain in all cases the responsibility of the Customer. 
Warning: Any Product that cannot be put back on sale cannot be refunded if the depreciation of the Product results from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this Product (for example, incomplete items, damaged , damaged, deteriorated or soiled, etc.) .
10.2 Exchanges Or Replacements
In the event of non-compliance of a Product sold, it may be returned to the Seller who will take it back, exchange it or refund it. Non-compliant products must be sent to the following Seller's address:  
KHM EYELASH – 761 Rte de Closel et Claritière – 38110 FAVERGES DE LA TOUR, France.
Before signing on the delivery note, the Customer must check the model of the Product delivered and the condition of the Product in accordance with his request. Otherwise, he must refuse the package and note a reservation on the delivery note 
After receipt of the Products, the Customer has a reasonable period of 7 days to verify the conformity of the Product and inform the Seller. Only non-compliant and/or defective Products can be exchanged or replaced. The Products will be checked by the Seller's After-Sales Service. Once the checks have been made, the exchange, replacement or refund procedure will be implemented and the Customer informed by email. If a Product is not considered defective after its inspection, the Seller cannot replace it. The Products will be returned to the Customer after receipt of payment of the reshipping costs. The articles in dispute will be kept for 30 days from the date of notification of the decision of non-replacement.
The deadline is three (3) weeks maximum for an exchange or replacement, subject to the availability of the Product in stock.
10.3 Refund 
Incomplete, damaged, damaged or soiled Products will not be taken back, exchanged or refunded.
Your responsibility will be engaged for the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of our Products.
In the event of withdrawal, the Seller will reimburse the price of the returned Products as well as the delivery costs except in the event of partial return of the articles where all the delivery costs will not be reimbursed to the Customer, the amount of the delivery costs being lump. 
The additional costs of delivery of the Products are the responsibility of the Customer if you have chosen a more expensive delivery method than the STANDARD delivery method offered by the Seller. For example, if the Customer chooses express delivery in 24 hours while the Seller offered a less expensive delivery method, the Customer pays the difference in cost between these 2 types of delivery.
The Seller uses the same means of payment as that used by the Customer for the initial transaction. 
The Seller must reimburse at the latest within 14 days following the date on which it was informed of your decision to withdraw, unless there is justified delay. However, for a sale of goods, the Seller may defer reimbursement until the day of recovery of the goods or until the Customer has provided proof of shipment of the Products.

Article 11: Liability of the Seller & Warranties

In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the Products. The Seller reimburses the Buyer or exchanges the non-compliant Products or those affected by a defect.
In the event that the exchange is impossible, the Seller undertakes to reimburse the price of the Product within 30 days of receipt of the returned Products. (see the return and refund policy) The refund can be requested using the return form. Reimbursement will take place after verification of the Products in their original packaging.
The refund request must be made by making a request via the contact form before returning the Product. Otherwise, the Customer must bear the return shipping costs.
With the exception of deliveries in France, we decline all responsibility in the event that the item delivered does not comply with the legislation of the country of delivery.
The responsibility of the Seller cannot be engaged in the following cases:
–  non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
–   in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.


Article 12: Complaints

In the event of non-compliance with the order, the complaint must be made to the Seller via the contact form, within eight working days of receipt of the Products by the Customer. It is understood that any claim notified after these deadlines is worthless.
The complaint will give right, depending on the case, to a credit note, the validity of which is one calendar year following the date of the corresponding invoice.

Article 13: Intellectual property rights

Trademarks, domain names, Products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No assignment of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Article 14: Force majeure

The performance of the Seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The Seller will notify the Customer of the occurrence of such an event as soon as possible.

Article 15: Nullity and modification of the contract
If one of the stipulations of this contract were cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.

Article 16: Protection of personal data

In accordance with the Data Protection Act of January 6, 1978, you have the right to query, access, modify, oppose and rectify personal data concerning you. By adhering to these general conditions of sale, you consent to our collection and use of this data for the performance of this contract. By entering your email address on our website, you will receive emails containing information and promotional offers concerning Products published by the Company. You can unsubscribe at any time. All you have to do is click on the link at the end of our emails or contact the KHM EYELASH Company by letter with AR.
The Customer can view the privacy policy via the link at the bottom of all pages of the www.lashfloral.com website.

Article 17: Applicable law

All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.
In the event that these General Conditions of Sale are translated into one or more languages, only the French text shall prevail in the event of a dispute.
This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and confirmation during the validation of the order. The parties agree that the illustrations or photos of the Products offered for sale have no contractual value. The period of validity of the Products offer as well as their prices is specified on the Company's websites. Except under special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address provided). 
All disputes relating to the validity, interpretation, execution, termination of these presents or their consequences will be submitted to the competent courts under the conditions of common law.

Article 18: Consumer mediation

In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, the Seller informs the Customer of the possibility of having recourse, in the event of a dispute, to the consumer mediation procedure or to any other alternative method of settlement of disputes with a view to the amicable resolution of the dispute.
The mediator is: CM2C, 14 rue Saint Jean – 75017 PARIS, website: https://www.cm2c.net/.

Article 19: Archiving 

The electronic contract must be archived by the professional when it relates to a sum equal to or greater than €120 (articles L. 213-1 and D. 213-1 of the consumer code)._cc781905-5cde-3194-bb3b- 136bad5cf58d_
The Seller must keep it for ten years from the conclusion of the contract when the delivery of the goods is immediate. Otherwise, the period runs from the conclusion of the contract until the date of delivery of the goods, and for a period of ten years.

Effective Date November 23, 2022 
 

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