Terms of Sales
TERMS OF SALES
Last updated: 02/09/2024
Welcome to the Website of MADAME MARIAMA DIALLO, individual entrepreneur. We are delighted to welcome you and that you like our products.
Your satisfaction is our priority and we do everything we can to offer you the best customer experience.
We ask you to read these general conditions of sale carefully before accepting them.
The General Terms and Conditions are important both for Us and for You!
The objective of this document is to inform you, prior to your purchase, about our conditions of sale and to answer any questions that you may legitimately ask, such as "can I withdraw?" ", " what are the delivery times ? », …
WHO ARE WE ?
MRS MARIAMA DIALLO, individual entrepreneur
SIRET: 89326167700015
RCS: Bobigny A 893 261 677
VAT: FR90893261677
66 RUE DU LANDY 93210 SAINT-DENIS
Designated herein by MADAME MARIAMA DIALLO, individual entrepreneur
Here are other elements of definitions:
Herein:
The “Seller”, KOUIDER ELOUAHED, individual entrepreneur
- , "We" ; designate the professional seller.
- “You”, the “Client(s)”; designate the non-professional buyer having the status of consumer.
- The “Site”; designates all the pages of the Seller's website accessible via the link info@womens-secrets-tea.fr
- The “CGV”; designates these general conditions of sale
APPLICATION OF THE CGV:
The General Terms and Conditions govern and apply to all sales of the Seller's products made on the Site to Customers.
The General Terms and Conditions prevail over any other conditions or contradictory documents present on the Seller's Site or its social networks and/or in physical stores; except special special conditions agreed between the Parties.
The T&Cs are permanently accessible on the Site and We make a reference to the T&Cs before placing your order. You can download and/or print them, so that you can keep a copy.
The General Terms and Conditions are subject to change; modifications are not retroactive; only those in force on the date your order is placed apply to you.
The fact of accepting the General Conditions of Sale by checking the box provided for this purpose and validating this choice by clicking on your part constitutes your full and complete acceptance of the General Conditions of Sale.
By placing an order online, You enter into a contract with the Seller. Consequently, You must and acknowledge that you are of legal age and have legal capacity.
The nullity of a contractual clause does not result in the nullity of the General Terms and Conditions and the titles are worthless.
Even if the Seller does not assert at any given time one of the clauses of these general conditions of sale, or the Customer's failure to fulfill its obligations as described herein, the Seller in no case waives its right to do so. enforce these conditions or obligations in the future.
WHAT PRODUCTS DO YOU OFFER?
You will find our products offered for sale by the Seller on the Site.
The essential characteristics of the products by the Seller are presented on the descriptive sheets of each product. You will find substantial information on the product there, before any purchase.
Photographs accompany the product descriptions, so that You can visualize the product; however, minimal variations in the representation of the products are possible with photographs, which does not engage the responsibility of the Seller.
You have the pre-contractual information, prior to the conclusion of the sales contract, it is your responsibility to consult it before placing any order.
This information is provided in French, and the Seller strives to present it in a clear, readable and understandable manner. It is important to note that as long as it is not a substantial element, the Seller cannot be held liable in the event of errors, omissions or misunderstanding by the Customer.
Availability
Our products are offered as long as they are visible on the Site and while stocks last. In the event of product unavailability after placing your order, We will inform you by email and You will be able (to choose):
- Choose an equivalent product at the same price as a replacement.
OR
- Obtain a credit corresponding to the amount of the product out of stock valid for 1 year throughout the Site; delivery costs will be refunded to you without delay if the order consists only of the out of stock product.
OR
- Obtain a refund for the unavailable product.
The refund takes place no later than 14 days following your refund request, the Seller will make the refund using the same means of payment as that used for the initial purchase. The Seller is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to him.
HOW TO PLACE AN ORDER?
Any order placed involves payment by the Customer; this is an order with an obligation to pay.
The ordering process is carried out in several stages:
- Consultation of the products offered for sale by the Seller on the Site
- Selection of the product(s) by the Customer and addition to the basket
- Viewing by the Customer of the details of the order and its total price
- The Customer provides the requested information on the order page
- Correction of possible errors by the Customer
- Confirmation of the order by the Customer, which expresses his acceptance of the order. At this stage, the Customer expressly and unreservedly accepts the General Terms and Conditions.
- Provision of bank details by the Customer
- Validation and payment of the order by the Customer
- Acknowledgment of receipt of the order by the Seller, who sends a confirmation email to the Customer after receiving full payment for the order
At this stage, the order cannot be modified, except with the express and exceptional agreement of the Seller; and cannot be canceled outside of the right of withdrawal, the conditions of which are defined below, or in the event of force majeure. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
WHAT ARE THE PRICING CONDITIONS?
Any order placed involves payment by the Customer; this is an order with an obligation to pay.
Price
Product prices are displayed on the Site; on the product description pages and on the order summary page, before confirming your order.
Prices are expressed in euros (€) and VAT is not applicable. (VAT not applicable, Art. 293 B of the CGI).
The price may be modified at any time by the Seller. However, the price that applies to you is that in effect displayed on the Site at the time of your order.
You will be able to benefit from discounts (promotion, sale, etc.) which appear on the Site under the conditions and during the period of validity specified on the Site.
Unless special offer granted by the Seller, delivery and transport costs are not included. They are invoiced additionally and displayed prior to placing the order.
The Seller reserves the right to suspend or cancel the order in the event of non-compliance with the aforementioned payment conditions.
You will receive your invoice at the email address you provided. For Customers who have created a customer account when ordering, they can find their invoice in their personal space.
Please note, orders shipped outside the European Union and/or DOM-TOM are subject to customs formalities.
Payment of customs duties and other possible import taxes are the responsibility of the Customer and their responsibility.
Payment
Payment occurs immediately after order confirmation.
Payment is due in full and payable in cash using the following payment methods:
Shopify payment and Paypal.
WHAT ARE THE DELIVERY CONDITIONS ?
Delivery
Delivery means the transfer to the Customer of physical possession or control of the goods.
We offer our products for sale internationally / France / Europe.
The Seller will deliver the products according to the terms defined when ordering (price and carrier), to the address that You provided when placing your order and within the time frame provided when ordering.
You must be vigilant and check the address provided before validating your order, because You will be held solely responsible for the consequences resulting from the entry error on your part and the related costs, in particular the reshipping costs which will be your responsibility. exclusive.
Deadline
The Seller will make his best efforts to ensure that your order is shipped within the time frame indicated when ordering.
Delivery times start from dispatch. This deadline does not take into account the order preparation time.
You may request in writing the cancellation of the sale (under the conditions provided for in articles L 216-2 et seq. of the Consumer Code), only if the delivery delay exceeds 30 days from the date of the order. It will then be up to the Seller to return the sums paid to you no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.
The sale will not be canceled if the delay or lack of delivery occurs due to the Customer or a case of force majeure.
Price
The price of delivery varies depending on the carrier chosen and the weight of the package.
In any case, the delivery time and price will be communicated to you before validation of your order.
I HAVE A PROBLEM WITH MY ORDER…
Why is my order canceled?
We may cancel your order for any legitimate reason, in particular if there is a prior dispute.
The order may also be refused in the event that the quantities ordered are abnormally high compared to the quantities usually ordered by Buying Customers as consumers.
We may cancel your order if the product is unavailable (see article “WHAT PRODUCTS DO YOU OFFER?” of the General Terms and Conditions.
My package is damaged, what should I do?
The Seller remains the owner of the delivered goods from the day of delivery until full payment of the entire sale price by the Customer.
The transfer of risks of loss and deterioration of the products occurs from the actual delivery of the order.
During delivery, You must ensure the conformity of the package and the non-deterioration of the latter, in the event that You notice any deterioration of your package upon receipt, please refuse the package, in addition, You must follow the following procedure:
- Explicitly indicate your reservations on the delivery note or on the package if applicable (e.g. package torn at the top, 5 cm hole / wet package, open package, etc.). Please note, simply checking the “with reservation” box has no legal value. You must enter your reservations exactly, it is advisable to take photos of the package as proof. In the event that the delivery person/carrier does not give you time to check the condition of the package, please add this mention to your reservations.
- Send the carrier, within three working days of delivery, a registered letter with acknowledgment of receipt, to inform them of the apparent damage that You have observed and confirm your reservations. Please note that if the delivery person/carrier does not let you check the condition of the package, this deadline is extended to 10 days. The same procedure must be followed if the damage (damage, theft) was only discovered when the package was opened, even if the exterior of the package (the packaging) is not damaged.
At the same time, please contact the Seller immediately (see “HOW TO CONTACT YOU?”) to notify us of the problem.
To process your request more quickly, please provide us with the following photos: order number, delivery note + photo of the products.
In the event that You choose to be delivered by a carrier other than the one chosen and proposed by the Seller, the transfer of risks occurs as soon as the products are handed over to the carrier, therefore, the Seller declines all liability and any loss or damage products will be at your expense.
My package seems lost, what should I do?
In the event of a lost package, please contact the Seller immediately (see “HOW TO CONTACT YOU?”).
I received a product with a defect, what should I do?
From delivery, You have a period of (3) three working days to send your complaint in writing (by post or email).
You must attach to your request all supporting documents and in particular photos proving the subject of your complaint. If the complaint is not made within these deadlines and conditions, it will be refused by the Seller and the products will be deemed to be compliant and free from any apparent defect.
You may claim a refund or replacement of the product which will be the responsibility of the Seller, for any product delivered, whose lack of conformity or apparent or hidden defects have been duly proven by the Customer under the conditions provided for in articles L 217-4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions.
CAN I WITHDRAW?
You have the right to go back!
Yes, but there are conditions to respect if You wish to withdraw:
From the day of receipt of your order, You have a period of 14 clear days to express to the Seller your desire to withdraw, without having to justify your decision or to bear any costs other than those necessary for the return of your order. your order.
To do this, You can use the withdrawal form which You will find in the appendix at the bottom of the page of the General Conditions of Sale.
You can also express your desire to withdraw, on plain paper, without ambiguity, by post or email, specifying:
- Your order number
- The reference of the article subject to withdrawal
- Your first and last name
- Your address
- Your phone number
- Your email address
In the event of a dispute, it is up to you to prove that You have respected the aforementioned withdrawal period.
Exception to the right of withdrawal
- For products subject to personalization
The right of withdrawal is excluded for orders for products subject to personalization.
In the event of a specific request from the Customer (custom-made / retouching etc.), the right of withdrawal is also excluded.
- Concerning cosmetic products:
Please note, in the event that the Customer unseals the product (e.g.: breakage of the tamper-evident ring, removal of the plastic clip, protective film, etc.) he will not be able to retract it.
The right of withdrawal is in fact conditional on compliance with the requirements ordered by article L 221-28 of the Consumer Code which provides in particular that “the right of withdrawal cannot be exercised for contracts:
1° The provision of services fully executed before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, the execution of which began with his prior and express agreement and with his recognition of the loss of his right of withdrawal, when the service has been fully performed by the professional;
2° The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3° Supply of goods made according to the consumer's specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire quickly;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° Supply of goods which, after having been delivered and by their nature, are mixed inseparably with other items;
7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction;
12° Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;
13° Supply of digital content without material support whose execution began before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, when: a) He has previously given his express consent so that the execution of the contract begins before the expiration of the withdrawal period; and b) He has acknowledged that he will lose his right of withdrawal; and c) The professional has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of Article L.221-13.
HOW TO MAKE A RETURN?
Please note, this only applies to products not excluded from the right of withdrawal.
The return must respect the following conditions:
- The products must be returned to the Seller, no later than 14 days after having informed the Seller of your desire to withdraw.
- The products must be returned in their original condition and complete (without prejudice to the possibility of unpacking and testing the product) allowing them to be put back on the market in new condition.
- Products must not be damaged or incomplete.
- Products should not have body odor, perfume odor or laundry odor.
- Contact us by email to obtain the return address: info@womens-secrets-tea.fr
Purchasing online unfortunately does not allow you to inspect the product as if you were in store. However, the possibility of withdrawing (according to the conditions stated) allows you to try the product as you would in store. It is important to note that if the Seller notices traces of use which go beyond this framework and in general, a depreciation of the product, the Seller may apply a discount and You will only be refunded the amount of your order, less the discount .
When the conditions set out herein are met, the Seller will reimburse you within a maximum period of 14 days after You have informed the Seller of your desire to withdraw. However, the Seller reserves the right to defer reimbursement until receipt of the items concerned by the withdrawal.
The Seller will make the refund using the same payment method used for the initial purchase. You will be fully refunded, excluding delivery costs.
Furthermore, the costs and risks associated with the return are your responsibility. *To ensure efficient management of your return, we recommend that you use the Colissimo tracked service for shipping and keep all proof of shipment, including shipping receipts and the package tracking number. This will allow you to locate the package in the event of a problem.
Please note that only shippers (i.e. you as the Customer) are authorized to initiate an investigation with the postal service in the event of a delivery problem. It is important to emphasize that the Seller cannot be held liable in the event of loss or damage during the returns process.
In the event of a dispute or request for reimbursement, it is your responsibility to provide proof that you have respected the aforementioned withdrawal period. We thank you for your understanding and cooperation.
HOW TO CONTACT YOU?
For all requests for information or complaints, whether before your purchase or after, you can contact customer service by email: info@womens-secrets-tea.fr
CLIENT REFERENCE
Your feedback, messages and photos are welcome! They are essential to help the Seller always improve and offer you a quality customer experience.
By these T&Cs, You authorize the Seller to make them public on its Site and/or social networks Instagram, Tiktok, Snapchat, etc.
Unless expressly prohibited by the Customer, the Seller is authorized to mention the first name and/or user name (social networks) of the Customer in its reference lists.
When the Customer sends the Seller a message, comment and/or opinion relating to his order, he authorizes the Seller to use these testimonials for promotional and advertising purposes in particular. The Customer authorizes the Seller to adapt the form of these testimonials or to make modifications (to the form).
This operating authorization is granted free of charge and without compensation; for the legal duration of copyright protection and for the entire world.
CUSTOMIZATION: DISCLAIMER
The Client undertakes to choose and complete a text which:
- Does not contravene the rights of third parties (intellectual property rights, trademarks, etc.)
- Is not contrary to good morals, defamatory or likely to offend human dignity
Additionally, please note that Seller does not check the spelling or grammar of the text you provide. Consequently, the Seller cannot be held responsible in the event of an error or typographical error on your part. You are solely responsible for the content of the text you personalize.
LEGAL PROVISIONS
Opposition to cold calling:
You can, as a Consumer Customer, register for free on the list opposing telephone canvassing on the website www.bloctel.gouv.fr , if You do not wish to be the subject of telephone commercial prospecting.
Compliance and legal guarantee:
The Customer benefits from the legal guarantee of conformity (articles L. 217-3 to L. 217-20 of the Consumer Code) and the legal guarantee relating to defects in the item sold (articles 1641 to 1648 and 2232 of the Civil Code ).
“The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance. |
Guarantee against hidden defects:
Article 1641 of the civil code:
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have used it. would have given only a lower price, if he had known them.
Article 1648 first paragraph of the civil code:
Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1 , the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from the apparent defects or lack of conformity.
Personal data :
When You place an order, the Seller collects the personal data necessary for the conclusion of the contract, in order to guarantee its execution, to manage administrative aspects and to issue invoices.
This data includes your first name, last name, postal address, email address and telephone number.
The Seller guarantees that this data collection is carried out in full compliance with the laws in force (law 78-17 of January 6, 1978 modified by law no. 2018-493 of June 20, 2018) and is based, among other things, on the following legal basis : the execution of the contract.
The Seller undertakes to use your data only for the purposes specified in the confidentiality policy present on the Site, unless the law requires sharing it with a competent judicial or administrative authority.
Your data is processed internally and the Seller may communicate this data to its possible subcontractors responsible in particular for the execution, processing, management and payment of orders.
Your data will be kept for the duration of the contract or up to 3 years after our last contact with You. Then, they will be archived in accordance with legal requirements, i.e. 5 years.
We take security measures to protect your personal data from alteration, damage or unauthorized access by third parties. To react to a security incident or to deal with threats or vulnerable situations, We may take the following type of measure: reinforced authentication procedure, require the Customer to strengthen the security of their password etc.
You have the right to control the use made of your data. You can request access to the data concerning you, have it rectified, or object to being included in a file. You have a right of permanent access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning you. You can also object to the collection and/or use of your data as long as it is not essential for the proper execution of the contract.
To exercise this right, You must make your request by sending an email to info@womens-secrets-tea.fr
If You notice that a violation of the general regulations on the protection of personal data has been committed, You have the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the Data Protection and Freedom Act of 1978, in order to to obtain compensation before a civil or administrative court. You have the possibility of submitting a complaint to the National Commission for Information Technology and Liberties.
More detailed information on personal data is available in the privacy policy on the Site.
Intellectual property :
The products for sale on the Site are the property of the Seller and are protected by intellectual property law.
All elements constituting the Site are the property of the Seller and/or its partners and are protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting. The images, logo, brand, texts, photographs as well as any other element of the Website are protected by copyright, you expose yourself to legal proceedings in the event of plagiarized, copied, stolen content, etc.
APPLICABLE RIGHT
These General Terms and Conditions, as well as all purchase and sale operations mentioned, are governed by French law.
These General Terms and Conditions are written in French. If they are translated into another language, only the French version will be authentic in the event of a dispute.
We inform you that in the event of a dispute arising after your purchase on the Site, you have several options for recourse, amicable or legal:
For an extra-judicial appeal:
You are first invited to contact the Seller's customer service (see article herein “HOW TO CONTACT YOU?”) in order to find an amicable agreement.
In the event that we are unable to find an arrangement, You have the option of resorting to conventional mediation or resorting to any alternative dispute resolution method.
In this regard, you can use the mediation service free of charge from the mediation body whose references follow:
To be admissible, your referral to the mediator must take place within one year of a written complaint that You have sent to us, which remains unsuccessful.
As a consumer, you can contact the Online Dispute Resolution Platform (RLL) accessible at the following address:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main. home.show&lng=EN
You can also contact a consumer association who will help you with your efforts or alert the DGCCRF.
When no amicable solution can be obtained, You can take legal action and the dispute will be submitted to the competent courts under the conditions of common law.
For legal recourse:
You can take legal action at your own expense. The dispute will be submitted to the competent courts under the conditions of common law.
ANNEX 1: MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract, respecting the conditions provided for in the General Terms and Conditions)
For the attention of the Seller, please enter the postal address email info@womens-secrets-tea.fr
I hereby notify you of my withdrawal from the contract relating to the sale below:
Order number :………..
Reference of the article subject to withdrawal…………
First and last name of the consumer customer: …….
Address of consumer customer……..
Consumer customer telephone number……...
Email address of consumer customer……..
Date :
Signature of the consumer customer (only in the event of notification of this form on paper):