GTC

Effective as of 09/24/2021

ARTICLE 1 – Scope of application

These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale ("Products") by the Seller on the website www.niwelbeauty.com. The Products offered for sale on the website are as follows:

Hair products and care

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the site www.niwelbeauty.com which the customer is required to be aware of before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are subject to availability of stock, as specified when the order is placed.

These T&Cs are accessible at any time on the site www.niwelbeauty.com and will prevail over any other document.

The Customer declares having read these General Terms and Conditions and having accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the website www.niwelbeauty.com.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:

NIWEL BEAUTY
130 BOULEVARD MALESHERBES
Registration number: 891660946
Email: contact@niwelbeauty.com
Phone: 0953161689
Intra-Community VAT number FR76891660946

The Products presented on the site www.niwelbeauty.com are offered for sale for the following territories:

METROPOLITAN FRANCE
DOM-TOM
EUROPE
UNITED STATES
CANADA
MOROCCO
ALGERIA
TUNISIA

In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.

Delivery costs depend on the geographical area concerned. Outside the European Union and for the French Overseas Territories, taxes and customs duties may apply and are your responsibility upon delivery. The total of your order does not include these taxes & customs duties. You can find out the amount to be paid at your local post office.

For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice.

ARTICLE 2 – Prices

The Products are provided at the current prices listed on the site www.niwelbeauty.com , when registering the order by the Seller.

Prices are expressed in Euros, excluding and including VAT.

The prices take into account any reductions that may be granted by the Seller on the site www.niwelbeauty.com .

These prices are firm and not revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.

Prices do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.

ARTICLE 3 – Orders

It is up to the Customer to select on the website www.niwelbeauty.com the Products that he wishes to order, according to the following terms:

Product offers are valid as long as they are visible on the site, within the limit of available stocks.

The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to immediately report any errors.

Any order placed on the site www.niwelbeauty.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer will be able to follow the progress of his order on the site.

ARTICLE 4 – Payment conditions

The price is paid by secure payment, according to the following terms:

Payment by credit card

The price is payable in cash by the Customer, in full on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions carried out on the website www.niwelbeauty.com.

Payments made by the Customer will only be considered final after actual collection by the Seller of the amounts due.

The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.

ARTICLE 5 – Deliveries

The Products ordered by the Customer will be delivered in mainland France or in the following area(s):

METROPOLITAN FRANCE
DOM-TOM
EUROPE
UNITED STATES
CANADA
MOROCCO
ALGERIA
TUNISIA

1 – DELIVERIES IN METROPOLITAN FRANCE

Chronopost (at a relay point):
Standard: €5.95, free delivery on purchases over €60
Delivery within 24 to 48 hours, valid for all orders placed from Monday to Friday before 4 p.m. No delivery on Saturdays.
Colissimo (in mailbox):
Standard: €7.00, free delivery on purchases over €60
Delivery within 3 to 5 working days

2 – DELIVERIES TO THE DOM-TOM *

Colissimo home delivery against signature : 18€
Average delivery time of 5 to 10 days to OM1 and OM2* zones
Free delivery from 120€ of purchase

* Zone OM1 :Guadeloupe (including Saint-Barthélemy and Saint-Martin), Martinique, Reunion, Guyana, Mayotte and Saint-Pierre and Miquelon.
Zone OM2 : New Caledonia and its dependencies, French Polynesia, Wallis and Futuna Islands, French Southern and Antarctic Lands.

3 – DELIVERIES IN EUROPE

Chronopost home delivery :
Standard (chrono classic): €12, free delivery for purchases over €120
Delivery within 1 to 4 working days

4 – USA & CANADA DELIVERIES

Colissimo home delivery against signature : 28€
Average delivery time of 5 to 10 working days
Free delivery from 120€ of purchase

5 – DELIVERIES MOROCCO – TUNISIA – ALGERIA

Colissimo home delivery against signature : 15€
Average delivery time of 5 to 10 working days
Free delivery from 120€ of purchase

Delivery times are the sole responsibility of the carriers and under no circumstances can NIWEL BEAUTY be held liable in the event of non-compliance with these deadlines.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time periods specified above.

If the Products ordered have not been delivered within twenty-one (21) days after the indicative delivery date, for any reason other than force majeure or the actions of the Customer, the sale may be terminated at the written request of the Customer under the conditions set out in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.

The Customer is required to check the condition of the delivered products. He has a maximum period of fourteen (14) days from delivery to make complaints by Email, accompanied by all supporting documents (photos in particular). After this period and in the absence of having complied with these formalities, the Products will be deemed compliant and free from any apparent defect and no complaint may be validly accepted by the Seller.

The Seller will reimburse or replace as soon as possible and at its own expense, the Products 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.

The transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the Customer takes physical possession of the Products. The Products therefore travel at the risk of the Seller except when the Customer has chosen the carrier himself. As such, the risks are transferred at the time of delivery of the goods to the carrier.

ARTICLE 6 – Transfer of ownership

The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 7 – Right of withdrawal

According to the terms of article L221-18 of the Consumer Code “
For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.

The right of withdrawal may be exercised online, using the attached withdrawal form and also available on the site or any other declaration, free of ambiguity, expressing the desire to withdraw and in particular by postal mail addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the T&Cs.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products will not be accepted.

The return costs remain the responsibility of the Customer.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.

ARTICLE 8 – Seller’s Liability – Guarantees

The Products supplied by the Seller benefit from:

of the legal guarantee of conformity, for defective, damaged or damaged Products or those not corresponding to the order,
of the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

"The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed on him by the contract or has been carried out under his responsibility."

Article L217-5 of the Consumer Code

“The property complies with the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable:

– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

– if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L217-12 of the Consumer Code

“The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”

Article 1641 of the Civil Code.

"The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."

Article 1648 paragraph 1 of the Civil Code

“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.”

Article L217-16 of the Consumer Code.

"When the buyer requests the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention."

In order to assert his rights, the Customer must inform the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects from the time of their discovery.

The Seller will refund, replace or repair any Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be refunded based on the rate charged and return costs will be refunded upon presentation of supporting documents.

Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within fourteen (14) days following the Seller's discovery of the lack of conformity or hidden defect. This refund may be made by bank transfer or check.

The Seller shall not be held liable in the following cases:

non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.

The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products which are non-compliant or affected by a defect.

ARTICLE 9 – Personal data

The Customer is informed that the collection of his personal data is necessary for the sale of the Products and their delivery, entrusted to the Seller. This personal data is collected only for the execution of the sales contract.

9.1 Collection of personal data

The personal data collected on the site www.niwelbeauty.com are as follows:

Product Order:

When ordering Products by the Customer:

Names, first names, postal address, telephone number and email address.

Payment

As part of the payment for the Products offered on the site www.niwelbeauty.com, it records financial data relating to the bank account or credit card of the Customer/user.

9.2 Recipients of personal data

Personal data is reserved for the sole use of the Seller and its employees.

9.3 Data controller

The data controller is the Seller, within the meaning of the Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.

9.4 limitation of processing

Unless the Customer expressly agrees, his/her personal data is not used for advertising or marketing purposes.

9.5 Data retention period

The Seller will keep the data thus collected for a period of 5 years, covering the limitation period of the applicable contractual civil liability.

9.6 Security and Privacy

The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Implementation of Client and User Rights

In accordance with the regulations applicable to personal data, Customers and users of the site www.niwelbeauty.com have the following rights:

They can update or delete data concerning them in the following ways:

By logging into your account to unsubscribe.

They can delete their account by writing to the email address indicated in article 9.3 “Data controller”
They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “Data controller”
If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 “Data Controller”
They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data Controller”
They may also request the portability of data held by the Seller to another service provider.
Finally, they can object to the processing of their data by the Seller.

These rights, provided that they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.

The data controller must provide a response within a maximum of one month.

In the event of refusal to comply with the Client's request, reasons must be given.

The Customer is informed that in the event of refusal, he/she may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or contact a judicial authority.

The Customer may be asked to check a box to agree to receive informative and advertising emails from the Seller. The Customer will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 – Intellectual property

The content of the site www.niwelbeauty.com is the property of the Seller and its partners and is 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 infringement of copyright.

ARTICLE 11 – Applicable law – Language

These General Terms and Conditions and the operations resulting from them are governed by and subject to French law.

These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.

ARTICLE 12 – Disputes

For any complaints, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these T&Cs.

The Client is informed that he may in any event resort to conventional mediation, with existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

In this case, the designated mediator is:

Email: _______________.

The Customer is also informed that he can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from purchase and sale transactions concluded under these General Terms and Conditions and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.

Made on https://www.legalplace.fr

ANNEX I

WITHDRAWAL FORM

Date ______________________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.niwelbeauty.com, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.

Attention Provost Olivia

130 BOULEVARD MALESHERBES

I hereby notify the withdrawal of the contract relating to the goods below:

– Order of (indicate date)

– Order number: …………………………………………………..

– Customer Name: …………………………………………………………………

– Customer Address: ……………………………………………………………..

Signature of the Client (only if this form is notified on paper)