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Terms and Conditions
TERMS AND CONDITIONS OF SALE
ARTICLE 1 -SCOPE OF APPLICATION
These general terms and conditions of sale are the basis for trust building between actors in a business process.
They are intended to define the conditions in which the company José Eisenberg S.A, company limited by shares with a capital of 150.000 euros, with its head office at the following address 24, avenue Princesse Grace, Monte-Carlo, MC 98000 Monaco, registered in Monaco with the trade registry of the Chamber of Commerce under the number 01S03910 (“the Seller”) provides consumers and non-professional buyers (“the Customersor theCustomers”) which make the request via the website , the products offered for sale by the Seller, including the following products: cosmetic products, perfumes, makeup of the EISENBERG brand (“The Products”).
The main features of the Products, including the specifications, illustrations and dimensions or capacity of the Products, are available on the website . The Customer is required to take cognizance of it before making an order.
Only The Customer is responsible of the choice and purchase of a Product.
These general conditions of sale shall be applied, excluding any other conditions applicable in point of sales or in any other distribution channel.
The Customer declares that they have familiarized themselves with the General Conditions of Sale and have accepted them without reserve by ticking the box provided before starting to make an order on the following website www.teenscutie.com.
The information on the website, the catalogue and prices are given by the seller and are provided for information purposes only and can be revised at any time. The seller reserves the right to make any changes.
The Seller reserves the option to change the General Terms and Conditions of Sales at any time. The applicable General Terms and Conditions of Sales are those in force on the Site on the date when the order is made.
The data recorded in the Seller’s IT system constitutes the proof of all transactions unless there is evidence to the contrary.
According to the Data Protection Act of January 6th, 1978, complemented and reinforced by Data Protection Regulations which entered into force on 25thMay 2018, the Customer has at any time a right to access, modify, correct or delete all his personal data by writing letters to our customer service and providing proof of identity:
José Eisenberg S.A.
24, avenue Princesse Grace,
Monte-Carlo, MC 98000 Monaco,
or by sending an e-mail to our contact form.
The validation of the order by the Customeris worth acceptance as of these General Terms and Conditions of Sales.
The Customeracknowledges having the capacity to contract and acquire the Products providing on the website .
ARTICLE 2– ORDERS - PRICES
2-1. Order validity
The Customer may choose on the website the Products she/he wants to order by the method presented on the website as several steps to follow, whose the last one is the confirmation of the order. The Customer may choose the number of Products he wants; these will be reported into the shopping cart. The shopping cart summarises the Products chosen by the Customer, the prices of the Products then the total amount and its related costs. The Customer has the ability to change his cart until the validation of the order.
The Customer must be registered on the website and create an account before proceeding an order. This account gathers all the Customer’s information. To create it, the Customer must ensure the accuracy of the data provided and must update it when necessary. In case of a mistake regarding the information provided by the Customer on his/her account, the Seller will not be liable for the non-delivery of the goods.
Contractual information is expressed in French language, and translated in English, Italian, German and Russian languages and is confirmed at the validation of the order by the Customer at the latest.
Product offers shall be valid as long as they are visible on the website, within the limits of available stocks.
The registration of the order will be done on the Seller’s website when the Customer has accepted the General Conditions of Sales by ticking the box provided, then confirming his/her order. The validation involves the full acceptance of these terms and conditions. Before to place his/her order the Customer may check the order details, its price, and correct any mistake before confirming the order.
The order will be confirmed and accepted from the Seller by a confirmation of receipt and once the total price of the order has been received.
The recorded data in the IT system of the Seller constitute proof of all transactions by its Customers. It is the responsibility of Customers to verify the order accuracy and to immediately report any mistake.
Any order made on the website is a contract concluded between the Customer and the Seller.
The Customer will be able to follow up his order on the website .
The products are on offer for sale whenever stocks are available. The Seller accepts no liability for non-fulfilment of contracts due to stock shortages or product unavailability.
If a product is unavailable or out of stock, customer will be informed while proceeding his/her order, or by email in the lead time of 8 days after making the order.
In this case, the customer can send an email via our contact formwithin two working days of the reception of the Seller’s email in order to cancel or modify the order.
The customer may request cancellation of the order and refund of amounts paid within 30 days from the payment. Any delay in repayment shall be imposed is increased by one half of the payment.
An exchange of the order allows to choose an equivalent alternative Product in terms of quality and price. The return fee regarding the alternative Product are chargeable to the Seller, the Customer has to be previously informed.
Goods shall be delivered to the address stated by the Customer.
2-3. Order Cancellation
Once the order is confirmed, the Customer cannot cancel it, except if this one wishes to use the exercise of the right of withdrawal provided in the article 5 of these general conditions.
The Seller reserves the right to cancel any order of a customer with whom there would be a litigation relating to a previous made order.
2 -4. Rates and Taxes
The Products are supplied according to the rates mentioned on the Website at the time of recording of the order by the Seller.
Net prices with tax included, however excluded the shipping fee.
Prices consider any discount which will be decided by the Seller on the website .
The rates can be changed at any time. The products will be charged on the basis of the rates in force, at the time of order.
Our product offers are valid as long as supplies available and within the period stated.
The payment required from the Customer refers the total amount of the purchase, including expenses related to order processing, transport and delivery.
ARTICLE 3– PAYMENT TERMS
Unless there is an exceptional dysfunction of the Server, the Customer completes his purchases totally by credit card after the order has been finally confirmed. The payment is made via the secured server of our partner Payline. When proceeding to the payment, an authentication is required. It means that your bank will ask you to identify yourself thanks to a code sent by text message or using your date of birth. After confirmation of this code, your payment is authorised and your order is validated.
A secure payment system is implemented in order to ensure payment security and avoid any fraud.
3-D Secure is a secured Internet payment protocol which enables to prevent the risks of fraud on the Internet, related to identity theft attempts. It ensures that for each online payment the card is actually used by the cardholder.
ARTICLE 4 – PROPERTY RESERVATION
The transfer of ownership of the Products to the Customer will be carried out after complete payment of the price by the Customer.The Seller reserves the right of ownership on the sold products until the complete price is paid by the Client, allowing him to claim the Products in the event of non-payment.
Nevertheless, the risks of loss and deterioration shall pass to the Customer as soon as the Products leave the Seller’s warehouse to be delivered to the Customer, regardless of the ownership transfer.
ARTICLE 5– RIGHT OF WITHDRAWAL
The Customer has up to seven (7) working days from the date of delivery to return, at their own expenses and in their original packaging, the Product(s) if it (they) doesn’t (don’t) meet their expectations. José Eisenberg S.A agrees to re-credit their bank account within 30 days after the Seller has received the Products returned by the Customer under the terms and conditions specified in this article.
The Customer should return the entire goods in their original condition and packaging along with their invoice. Any damaged, dirty or incomplete Products cannot be returned. The return of the goods is carried out at the charge, risks and dangers of the Customer.
The right of withdrawal can be exercised online using the withdrawal form available on the Internet site as well as in ANNEX 1 of these General Terms and Conditions of Sale, in which case an acknowledgement of receipt on a durable medium will immediately be transmitted to the Customer by the Seller, or by any other clearly worded statement expressing the wish to withdraw.
ARTICLE 6- DELIVERY
6-1. Delivery times
The Products purchased by the Customer will be shipped by the French postal services “Colissimo Suivi » or Chronopost, generally within 2 business days after recording the order to France and 10 business days after recording the order to other countries.
The delivery is established by the transfer to the Customer of the physical possession or control of the Product.
Except for special cases or unavailability of one or more Products, the Products ordered will be delivered all at once. The company José EISENBERG SA is authorised to make partial deliveries. In this case, only the items delivered will be charged. The processing and shipping fees will only be invoiced once.
The company José EISENBERG SA shall not be held liable in the event of any failure to meet delivery period due to a total or partial strike of the postal services, and in case of loss of products by the postal services.
In case of late delivery, the Customer must notify this delay by E-mail addressed via our contact form in order that José Eisenberg S.A Customer Service contact the postal services and investigate.
Unless otherwise stated and with express authorisation from the Seller, late deliveries shall not under any circumstances give rise to damages, deductions or the cancellation of orders in progress, what the Customer expressly recognizes.
6-2. Places of delivery
The delivery will be made at the address indicated by the Customer when placing the order on the website www.teenscutie.com, or if the recipient is absent, deposited at the post office of the delivery address indicated by the Customer.
In case the Customer does not collect their parcel within the stated deadlines and the parcel is thus returned to the company José Eisenberg S.A., the Customer shall bear the returning fees.
ARTICLE 7 – RECEPTION OF THE PRODUCTS
The Customer is required to check the apparent condition of the Products delivered and the conformity of the goods when signing the delivery receipt. The Customer has a period of one business day after delivery to formulate in writing, to the company José Eisenberg S.A. 24, avenue Princesse Grace BP 93 Monte-Carlo- MC 98002 Monaco cedex, any claims or reservations regarding the non-compliance or conspicuous defect of the products delivered and send all evidence relevant to the matter.
In case the parcel is too damaged, the Customer shall refuse it and write a damage claim on the delivery receipt.
Unless explicit reservations are made by the Customer within this period, the Products delivered by the Seller will be deemed as complying with the order in quantity and quality and no claim will be validly accepted by the Seller.
The stickers placed on the delivered goods are necessary to benefit from guarantee. The packages shall be kept in perfect condition and shall not be opened. Otherwise, the Customer will not be entitled to use his right of withdrawal.
The Seller shall reimburse or replace as quickly as possible and at their own expenses the Products delivered which non-compliance or conspicuous or hidden defects will have been proved by the Customer.
ARTICLE 8 – INFORMATION TECHNOLOGY AND FREEDOM
Under the law 78-17 of January 6th1978, amended and completed by the Data Protection Regulation entered into force on May 25th2018, it is recalled that the personal data asked to the Customer are necessary to process the order, deliver the products and issue the invoices. This data can be communicated to potential partners of the Seller in charge of the fulfillment, process, management and payment of the order.
This information is strictly confidential. The processing of information communicated through the Internet Websitemeets the legal requirements in terms of protection of personal data, the information system used ensuring an optimal protection of this data.
The non-disclosure of requested information implies the automatic rejection of the order.
The Customer has a right to access, correct, object, remove and port his personal data. To exercise this right, the Customer shall address a mail to the customer service of the company José Eisenberg S.A. 24, Avenue Princesse Grace, Monte-Carlo, MC 98000 Monaco or an email addressed via our contact form.
ARTICLE 9 - RESPONSIBILITY OF THE SELLER - GUARANTEE
The products proposed on the website: www.teenscutie.com comply with the European regulations in force. However, it is up to the Customer to ensure locally that the goods he orders and for which he requests delivery are not subject to any particular regulations, particularly regarding products importation or use.
Visuals and texts are not contractual. Consequently, the company José Eisenberg S.A. cannot be held responsible in the case of an error in one of these visuals or one of these texts.
The company José Eisenberg S.A. cannot be held responsible for the non-performance of the contract in case of force majeure, disruption, total or partial strike of the postal services and / or communications, flood, fire.
The company José Eisenberg SA declines any responsibility for all damages resulting from the fraudulent intrusion of a third party having caused a modification of the information made available on the website or having caused the modification, the theft or an unauthorised use of information on the order or the payment of the order.
The Products supplied by the Seller benefit from right and without additional payment, regardless of the right of withdrawal, the legal warranty against hidden defects resulting from a defect in material, in design or in manufacture affecting the delivered products and making them non-suitable for use, provided they are reported as soon as they appear.
ARTICLE 10 – INTELLECTUAL PROPERTY AND PRIVACY
The intellectual property and copyright rights on documents incorporated in the website and all the assets created for this website are the exclusive property of José Eisenberg S.A. company, which does not grant any other right than consulting the website for a personal and private matter.
Any total or partial reproduction of this content is strictly forbidden and may be considered as a counterfeiting crime.
ARTICLE 11 - MISCELLANEOUS
The fact that the Seller does not take advantage at any time of any of those conditions cannot be taken as renunciation to take advantage of one of those conditions at a later stage.
If an appropriate arbitral or judiciary court considers one of the terms of those conditions being invalidated, this invalidity shall not affect the validity of the other terms of those conditions.
ARTICLE 12– Jurisdiction remit
all internal disputes that could possibly come from this contract and agreements, about their validity, their interpretation, their execution, their resolution, their consequences and the future developments will be subject to the principaute de monaco court.
ARTICLE 13– APPLICABLE RATE – CONTRACT LANGUAGE
By express agreement between the parties, those General Terms and Conditions of Sale and the buying and selling procedures coming from them are determined by Monaco law.
They are written in French. In the event that those conditions would be translated in other languages, only the French texts would be valid in the event of dispute.
ARTICLE 14– CUSTOMER ACCEPTANCE
The fact for anyone to order on the website win whole compliance and acceptance of the General Terms and Conditions of Sale and the payment obligation of ordered products, which is fully accept by the Customer, who renounces to get any opposing documents that will be unenforceable to the Seller.
This form must be completed and returned only if the Customer wishes to retract the order placed on the website , except exclusions or limitations to the exercise of the right to retract according to the applicable General Terms and Conditions of Sale.
For the attention of JOSE EISENBERG, S.A.
24, avenue Princesse Grace PO Box 93 Monte-Carlo- MC
98002 MONACO CEDEX
I hereby notify the retracttion of the contract for the order of the products below:
- Order from: .............................................. ..............................
- Order number: ............................................ ...............
- Client name : ............................................. ..............................
- Customer's address: ............................................. ..........................