Terms of Sales
ARTICLE 1. Legal parties
These general conditions are applicable between Estampille, SAS, share capital: €5,000, registered with the RCS of Aubenas in France on 09/28/2021, under number 903 565 729, head office: 22 Chemin de la Tuilerie 07370 Sarras, France , telephone: 0771681153, email: , intra-community VAT number: FR92903565729, hereinafter “the Publisher” and any person, natural or legal, under private or public law, registered on the Site for purchasing a Product, hereinafter “the Customer”.
ARTICLE 2. Definitions
“Customer”: any person, natural or legal, under private or public law, registered on the Site.
“Site Content”: elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
“The Editor”: Estampille, SAS taken in its capacity as publisher of the Site.
“Internet user”: any person, natural or legal, under private or public law, connecting to the Site.
“Product”: goods of any kind sold on the Site by the Publisher to Customers.
“Site”: website accessible at the URL www.estampille-cosmetiques.fr, as well as the subsites, mirror sites, portals and URL variations relating thereto.
ARTICLE 3. Fields of application
The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by any Internet user of these general conditions. Simply connecting to the Site, by any means whatsoever, in particular via a robot or a browser, will constitute full acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box. The Internet user acknowledges having read them fully and accepting them without restriction. Checking the above-mentioned box will be deemed to have the same value as a handwritten signature from the Internet user.
The Internet user recognizes the evidentiary value of the Publisher’s automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
These general conditions are applicable to relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general conditions assumes on the part of Internet users that they have the necessary legal capacity for this, or failing that they have the authorization of a guardian or curator if they are incapable. , their legal representative if they are minors, or even that they hold a mandate if they act on behalf of a legal entity.
ARTICLE 4. Purpose of the site
The purpose of the Site is the sale of Products to Customers.
ARTICLE 5. Order steps
In order to place an order, Internet Users will be able to select one or more Products and add them to their basket. The availability of Products is indicated on the Site, in the description sheet of each item. When their order is complete, they will be able to access their basket by clicking on the button provided for this purpose.
5.2. Validation of the order by the Internet user
By consulting their basket, Internet Users will be able to check the number and nature of the Products they have chosen and will be able to check their unit price, as well as their overall price. They will have the possibility to remove one or more Products from their basket. If their order suits them, Internet users will be able to validate it. They will then access a form on which they can either enter their connection details if they already have them, or register on the Site by completing the registration form using their personal information.
5.3. Payment by the Customer
As soon as they are connected or after they have completely completed the registration form, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected for this purpose on the secure payment interface including the words “order with payment obligation” or any similar formula.
5.4. Confirmation of the order by the Publisher
Once payment has actually been received by the Publisher, the latter undertakes to acknowledge receipt to the Customer electronically, within a maximum of 24 hours. Within the same period, the Publisher undertakes to send the Customer an email summarizing the order and confirming the processing, including all the related information.
ARTICLE 6. Price – payment
The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher.
The prices displayed are only valid on the day of the order and do not apply for the future. All prices displayed are calculated and include the value added tax (VAT) applicable in France or that applicable in the country of delivery located in the European Union, excluding delivery costs, customs fees and other taxes. Customs fees and other taxes must be paid by the Customer directly to the carrier.
6.2. Payment terms
The Customer can make payment by Paypal. Payments by credit card are made using secure transactions provided by Payplug. In the context of payments by bank card, the Publisher does not have access to any data relating to the Customer’s means of payment. Payment is made directly into the hands of the banking establishment. In the event of payment by money order, check or bank transfer, delivery times only begin to run from the date the payment is received by the Publisher.
The Publisher will send or make available to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Failure to pay
Agreed payment dates cannot be delayed under any circumstances, including in the event of a dispute. Any sum not paid on the due date will give rise, automatically and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affects the payment of the sums due in principal. In addition, any late payment will result in the defaulting Customer being billed for recovery costs in the amount of 40 euros, the immediate payment of all sums remaining due regardless of the agreed deadlines, plus compensation of 20% of the amount as a penalty clause, as well as the possibility of terminating the contract unilaterally to the detriment of the Client. This clause falls within the framework of the provisions of article 1152 of the civil code allowing the judge to reduce the compensation if the judge considers that it is excessive.
6.5. Reservation of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. Responsibility of the publisher
7.1. Nature of the Publisher’s obligations
The Publisher undertakes to take the care and diligence necessary to provide quality Products that comply with the specifications of these General Conditions. The Publisher is only responsible for an obligation of means concerning the services covered herein.
7.2. Force majeure – Customer’s fault
The Publisher will not be held liable in the event of force majeure or fault of the Client, as defined in this article:
7.2.1. Force majeure
For the purposes of these general conditions, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, band fluctuations will be considered as a case of force majeure against the Customer. bandwidth, failure attributable to the access provider, failure of transmission networks, collapse of installations, illicit or fraudulent use of passwords, codes or references provided to the Customer, computer hacking, a breach security attributable to the Site host or developers, flood, power outage, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Publisher. In such circumstances, the Publisher will be exempt from the performance of its obligations within the limits of this impediment, this limitation or this disturbance.
7.2.2. Customer fault
For the purposes of these General Conditions, any misuse of the Service, fault, negligence, omission or failure on the part of the Customer or that of its employees, non-compliance with the advice given by the Customer will be considered as a fault of the Customer against the latter. Publisher on its Site, any disclosure or illicit use of the Client’s password, codes and references, as well as the provision of incorrect information or the absence of updating of such information in their personal space. The implementation of any technical process, such as robots, or automatic requests, the implementation of which would contravene the letter or spirit of these general conditions of sale will also be considered as a fault of the Customer.
7.3. Technical problems – Hyperlinks
In the event of impossibility of access to the Site, due to technical problems of any nature, the Customer will not be able to claim damage and will not be able to claim any compensation. The unavailability, even prolonged and without any limitation period, of one or more online services, cannot constitute harm to Customers and cannot in any way give rise to the award of damages from The Editor. The hypertext links present on the Site may refer to other websites. The Publisher cannot be held liable if the content of these sites contravenes current legislation. Likewise, the Publisher cannot be held liable if the Internet user’s visit to one of these sites causes him harm. In the current state of the art, the rendering of the representations of the Products offered for sale on this Site, particularly in terms of colors or shapes, may vary significantly from one computer station to another or differ from reality depending on the quality of the graphic accessories and the screen or according to the resolution of the display. These variations and differences cannot under any circumstances be attributed to the Publisher, which cannot under any circumstances be held liable as a result.
7.4. Damages payable by the Publisher
In the absence of legal or regulatory provisions to the contrary, the Publisher’s liability is limited to the direct, personal and certain damage suffered by the Client and linked to the failure in question. The Publisher cannot under any circumstances be held liable for indirect damage such as, in particular, loss of data, commercial damage, loss of orders, damage to the brand image, commercial disruptions and loss of profits or of customers. Likewise and within the same limits, the amount of damages payable by the Publisher cannot in any case exceed the price of the Product ordered.
7.5. Hypertext links and content of the Site
The Content of the Site is published for information purposes only, without guarantee of accuracy. The Publisher cannot under any circumstances be held responsible for any omission, inaccuracy or any error contained in this information and which would cause direct or indirect damage to the Internet user.
ARTICLE 8. Final stipulations
8.1. Applicable right
These general conditions are subject to the application of French law.
8.2. Modifications to these general conditions
These general conditions may be modified at any time by the Publisher. The general conditions applicable to the Customer are those in force on the day of their order or connection to this Site, any new connection to the personal space entailing acceptance, where applicable, of the new general conditions.
Pursuant to Ordinance No. 2015-1033 of August 20, 2015, all disputes which may arise in the context of the execution of these general conditions and for which a solution cannot previously be found amicably between the parties must be submitted to a consumer mediator.
In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main. home2.show
Any dispute relating to this contract or in connection with it will be resolved by arbitration.
The nullity of one of the clauses of this contract will not result in the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and purpose hereof.
The absence of exercise by the Publisher of the rights granted to it hereby cannot under any circumstances be interpreted as a waiver of the right to assert said rights.
8.6. Telephone canvassing
The Customer is informed that he has the possibility of registering on the list opposing telephone canvassing at the address http://www.bloctel.gouv.fr/.
8.7. Languages of these general conditions
These general conditions are offered in French.
8.8. Unfair clauses
The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair clauses in contracts concluded between a professional and a consumer.