Legal Notice
Article 1 – LEGAL NOTICES
This site, accessible at the URL https://green-spa.fr (the “Site”), is published by:
MGHA, SAS with capital of 50,000 euros, registered with the RCS of LYON under number B 895 398 154 whose head office is located at 4 quai Jean Moulin 69001 represented by the duly authorized SASU RESILIENCE (Hereinafter referred to as the “Seller” ).
The Operator's individual VAT number is: FR52895398154
The Site is hosted by the company LWS, located at 2 rue jules ferry 88190 Golbey.
The Director of publication of the Site is Geoffrey Tessier
The Seller's Customer Service can be contacted: by email to hello@green-spa.fr
Article 2 – SCOPE OF APPLICATION
These general conditions of sale (the “General Conditions”) apply exclusively to the sale of products marketed by the Seller on the Site (the “Products”) to any professional customer acting within the framework of his activity and having created a account (the “Customer”).
The General Conditions provide in particular the conditions of purchase, payment and delivery of the Products ordered by the Customer. The Customer can refer to the description of each Product appearing on the Site in order to know the characteristics of the latter.
Placing an order for Products on the Site implies, on the part of the Customer, prior acceptance without restriction or reservation of the General Conditions, of which the Customer declares to have read.
The General Conditions are made available to Customers on the Site where they are directly consultable and can also be communicated to them on simple request by any means.
The General Conditions are applicable notwithstanding any contrary stipulation appearing in all documents emanating from the Customer, and in particular in its general conditions of purchase.
The General Conditions are applicable subject to any contrary stipulation appearing on the order form or to special conditions, where applicable, concluded between the Seller and the Customer concerned.
Article 2 – PRODUCTS AND AVAILABILITY
The price and essential characteristics of each Product are described in a technical sheet appearing on the Site and published, as the case may be, by the Seller or its suppliers. This technical sheet may include descriptions, photographs and graphics which are provided for illustrative purposes only and may be modified/updated on the Site by the Seller.
The Products offered comply with French legislation and European CE standards in force at the time the order is placed.
Product and price offers are valid as long as they are visible on the Site, within the limits of stocks available from the Seller and its suppliers, except in the case of special operations whose validity period is specified on the Site.
The fact for the Seller to present Products on the Site does not constitute a marketing obligation, particularly in the event of out of stock, unavailability of the Products or impossibility of marketing said Products, whether it whatever the reason.
Information on the availability of Products is communicated to the Customer at the time of placing an order for purely indicative purposes (subject to any stock error, simultaneous order or product deterioration).
In the event that one or more Product(s) are unavailable following the placing of an order, the Seller will inform the Customer in writing of the waiting period for receipt of the product temporarily. unavailable. In this hypothesis:
– the Seller may, with the Customer's agreement, offer at the same price a product of an identical nature to that initially ordered;
– the Customer will have the choice to wait for the availability of the missing Product(s) in order to receive their entire order in a single shipment;
– the Customer may completely cancel the order; Or
– the Customer may cancel the order for unavailable Products and thus receive the other Products included in the order.
Article 3 – REGISTRATION CONDITIONS
Any Customer wishing to fully benefit from the Site and purchase Products must:
– have full capacity and act for strictly professional purposes in the activity of the aesthetic sector.
– create your personal space on the Site by filling in the different fields of the account creation form (name, VAT number, name/first name of the referent, email address, telephone number, etc.);
– confirm your acceptance of the General Conditions;
– confirm your registration.
Access to the Site is possible from a computer, smartphone or tablet by connecting to the Site.
Use of the Site requires a broadband internet connection and mobile internet where applicable.
Customers are responsible for setting up the IT and telecommunications resources allowing access to the Site.
The Services are only accessible from one connection at a time.
When creating an email account, the Customer is asked to choose a password, which guarantees the confidentiality of the information that will be contained in his account.
For the purposes of validating the registration, the Seller sends the Customer a confirmation email to the email address provided by the latter. The Customer then proceeds to activate his account by clicking on the hyperlink provided for this purpose in the confirmation email.
Each Client guarantees the sincerity and accuracy of the information provided for the purposes of their registration, undertakes to notify them of any subsequent modifications and guarantees that said information does not infringe the rights of third parties.
The Customer can modify this information, identifiers and password from his account on the Site.
The Customer undertakes not to disclose or transfer his account, identifiers and passwords and is solely responsible for their use until their deactivation. He must immediately inform the Seller of any loss or unauthorized use of his account.
The Seller reserves the right to delete the account of any Customer who provides incorrect information.
Article 4 – ORDERS
Any Customer wishing to purchase Products online on the Site must:
– log in to your Customer account;
– select the Products he wishes to subscribe to in his basket of Products;
– fill in the different fields of the Customer order form, specifying the delivery address if different from the invoicing.
– confirm your acceptance of the General Conditions;
– confirm its acceptance of the order for the Products;
– choose your payment method;
– make payment for the Products.
Unless expressly provided on the Site, the Customer will not be able to modify his order after having validated it, which will be firm and final.
Upon receipt of payment for the Products included in the order, the Seller will send the Customer an email confirming their order to the email address provided by the latter.
The order confirmation email summarizes the essential characteristics of the Product(s) ordered, the total price, and any other relevant element. This email will also indicate a tracking number for the Customer's order.
By placing an order on the Site, the Customer expressly accepts that the Seller sends him an invoice electronically. However, he can obtain a paper invoice by sending his request to Customer Service.
To combat fraud, the Seller or its payment or delivery service providers may be required to request additional supporting documents from the Customer or contact the latter at the time of acceptance and/or shipping of the order. In the event of unjustified refusal by the Customer to deliver the requested information and/or supporting documents, the Seller reserves the right not to accept or cancel the order without this being subject to any dispute.
The Seller also reserves the right not to accept or cancel the order of any Customer who has provided incorrect information, who does not pay for the Products, with whom there is a dispute relating to the payment of a previous order or which would present an abnormally high order level.
Article 5 – PRICING CONDITIONS
The Products are sold at the Seller's price in effect appearing on the Site on the day of the order.
The prices are firm and non-revisable during their period of validity, the parties expressly waiving the right to invoke the provisions of article 1195 of the Civil Code.
Any costs of transport, delivery, processing of the order (postage, packaging, preparation of the package, optional services subscribed by the Customer) and other costs, interests and commissions are indicated in the summary of the order and are established according to the location and method of delivery selected by the Customer, as well as the type of Product and/or the quantity of Products ordered by the Customer.
Any special request from the Customer subsequent to the order and generating costs (packaging, transport, etc.) will be subject to additional invoicing to the Customer.
When the Products are not received by the Customer and must be reshipped, additional processing, shipping, transport and delivery costs may be invoiced to the Customer under conditions identical to those provided for when the order was placed.
The Seller reserves the right to modify its prices at any time for any Products ordered after this modification.
Possible price reductions, discounts and discounts may apply to the Products under the conditions provided on the Seller's Site or in any other document communicated to the Customer. In the event of a promotional rate, the Seller undertakes to apply this rate to any order placed during the promotional period.
Any change in prices resulting from an increase in value added tax or the creation of any new tax based on the price of the Products will be immediately and automatically applied.
Article 6 – BILLING AND PAYMENT CONDITIONS
6.1 – BILLING
In case of specific services:
The Products are invoiced and the price is due in full and payable in one or more installments within 30 days at the end of the month from the date of issue of the invoice.
In the case of services with successive execution:
The Products are invoiced and the price is due and payable at the end of each month giving rise to delivery of the Products.
In the event of early payment by the Customer, no discount will be applied. Under no circumstances may payments be suspended or be subject to any compensation without prior written agreement between the Seller and the Customer. Any suspension, deduction or compensation made unilaterally by the Customer will be treated as a failure to pay and will entail all the consequences of late payment.
It is expressly agreed that the Customer is validly given notice to pay solely by the due date of the obligation, in accordance with the provisions of article 1344 of the Civil Code. In the event of late payment of any of the due dates, the Seller reserves the right, without any compensation being due to the Customer, to:
– demand immediate payment of all sums owed in respect of the Products, these becoming immediately due regardless of their initially scheduled due date;
– refuse any new order or require for any new order a cash payment or a guarantee for the proper execution of commitments;
– charge any partial payment first on the non-privileged part of the debt then on the sums which are the oldest due;
– reduce, suspend or cancel current orders for Products,
– apply, without prior notice, to all sums due, from the first day of delay and until full payment, late payment penalties calculated at the rate referred to in article L.441-6 of the Commercial Code; and or
– demand the payment of a fixed compensation of €40 for recovery costs, for each invoice paid late, and the payment of compensation equal to 10% of the sums remaining due on Product Sales, without prejudice to the compensation for any damage actually suffered.
The Seller will have the option to proceed to payment by compensation, automatically, and without formalities, of all sums that it may owe, with the Customer's debts to it, whether or not the conditions of legal compensation are constituted.
6.2 – PAYMENT METHODS
The Customer expressly acknowledges that any order placed on the Site is an order with payment obligation, which requires payment of a price for the Products under the aforementioned conditions.
Orders can be paid using one of the following payment methods:
● Payment by credit card. Payment is made directly on the secure banking servers of the Seller's bank; the Customer's bank details do not pass through the Site. The bank details communicated during payment are protected by an SSL (Secure Socket Layer) encryption process. Bank cards issued by banks domiciled outside France must be international bank cards. Payment via these bank cards is made in cash, without discount
● In the event of a dispute with the company Alma, you have the possibility of appealing to the AFEPAME consumer mediator
6.3 – REFUND POLICY
As a reminder, in the European Union, a withdrawal period of 14 days must be offered to consumers in the event of distance selling
Article 7 – DELIVERY OF PRODUCTS
7.1 Delivery
Delivery of the Products ordered by the Customer cannot take place until the latter has made effective payment of the amount referred to in article 6.1 above.
The Products can be delivered to the following geographic areas: Metropolitan France.
Upon confirmation of the order and payment by the Customer, the Products will be shipped according to the method, to the address and within the delivery time appearing in the order summary with the corresponding invoice.
In this regard, the Customer undertakes to make every effort to ensure proper receipt of the Products on the day of delivery. The cost relating to any new delivery will be borne by the Customer. Furthermore, in the event of a delivery error following the communication of inaccurate information by the Customer (delivery location, accessibility of the location or any other problem) resulting in the need to make a new delivery, the related costs will be invoiced. to the client.
In the event of prior agreement from the Seller, the Customer may collect the Products ordered from the location indicated by the Seller.
The delivery times expected when placing orders are only given as an indication depending on the availability of the Products ordered and the delivery times applied by the Seller's partners.
Delivery delays, provided they are reasonable, cannot give rise to any right to cancel the sale, refuse the goods or claim damages. In the event of a delay of more than 30 days, the Customer will however be entitled to request the cancellation of the sale, the deposits already paid will be returned to him by the Seller.
In the event of delivery outside mainland France, the Customer will be considered as the importer of the Products and required to comply with the regulations of the country of delivery, it being specified that cross-border deliveries may, if necessary, be subject to an opening procedure and inspection by customs authorities.
7.2 Compliance of delivery
The number and condition of the Products must be checked by the Customer at the time of delivery.
The Seller will be required to take back the Products in the event of delivery of non-compliant or damaged Products upon delivery.
The Customer must notify the carrier in contradictory writing of any apparent defects, missing products or damage by clear, precise and complete reservations on the delivery note. The Customer must confirm his complaint with the Seller and the carrier by registered letter with acknowledgment of receipt within 7 days of delivery of the goods.
The Seller will validate the return request and send the Customer by email a return slip to attach to the shipment of the Products.
The Customer must reship the non-compliant Product to the Seller as soon as possible.
Unless the exclusive liability of the Seller is incontestably established or if it is expressly recognized by the Seller, the costs and risks of return will be the responsibility of the Customer. The Seller reserves the right to refuse the return if the Products are not in their original condition.
If the Customer fails to comply with the above-mentioned procedure, the Customer will be presumed to have waived any action against the Seller and/or the carrier and to have received the goods in conformity and in good condition. The Seller will therefore not accept any complaints, returns or credit requests from the Customer.
Article 8 – OWNERSHIP AND RISKS
8.1 – Reservation of title
By way of derogation from the provisions of article 1583 of the Civil Code, it is expressly agreed with the Customer that the transfer of ownership of the Products delivered is suspended until full and effective payment of the price in principal, interest, taxes and all incidental costs. . The delivery of drafts, bank checks or any other instrument creating an obligation to pay does not constitute effective payment in this regard.
Acceptance of deliveries or documents relating to these deliveries constitutes acceptance of this clause.
In the absence of payment of the price on the agreed due date, the Seller expressly reserves the right to consider the sale canceled and to claim the said Products after formal notice by registered letter or bailiff's summons which remains without effect within 7 days of their presentation.
As long as the Products do not belong to the Customer, he is prohibited from disposing of them, in particular from pledging them, exchanging them, transferring them into ownership as security. However, as a tolerance and for the sole purposes of its activity, the Seller authorizes the Customer to resell the Products. The Customer therefore undertakes to inform its customers, professional resellers, of the existence of the retention of title clause governing the Products and of the right that the Seller reserves to claim, in their hands, either the Products in dispute, or the price.
The Customer also undertakes, in return, to carry out not only at the end of the financial year but on a permanent basis, by any means at its convenience, the identification of the Products subject to retention of title. The Customer must include in the assets of its balance sheet the Products subject to the retention of title. Products pending sale are presumed unpaid to the extent of the seller's debt according to the "first in, first out" (FIFO) rule, ie any payment by the Customer will be allocated to the oldest Products and these will be the subject Products. of the last delivery which will always be considered as accompanied by the retention of title.
Notwithstanding the fact that the Customer will only have ownership of the Products upon effective payment, the transfer of risks of the Products to the Customer will take place under the conditions provided below. The Customer therefore undertakes to take all care in the care and conservation of said goods.
The Customer immediately notifies the Seller by any means ensuring perfect communication of any fact likely to compromise its property rights, in particular the opening of a safeguard procedure, liquidation or judicial recovery, seizure or any other precautionary measure. In the event of the opening of a safeguard, liquidation or receivership procedure, the Customer undertakes to participate in the establishment of an inventory of the Products located in its stocks and of which the Seller claims ownership or control. payment and to assist it effectively in the claims procedure lodged with the competent authorities. In the event of seizure or any other protective measure on the Products delivered by the Seller, the Customer will raise all protests against the third party and will take all protective and enforcement measures.
All legal and judicial costs generated by the recovery of Products subject to retention of title or their price will be borne by the Customer.
8.2 – Transfer of risks
The Products will be at the expense, risk and peril of the customer from their delivery to the carrier or their removal by the Customer.
In this case, the Seller will be deemed to have fulfilled its delivery obligation once it has handed over the Products to the carrier and the latter has accepted them without reservation, the Customer having no warranty recourse against the Seller. in the event of non-delivery or lack of conformity of the Products upon delivery.
The Customer will therefore take out all useful insurance contracts guaranteeing the risks of loss, destruction or theft of the goods for which the risks have been transferred.
Article 9 – GUARANTEE
Any return of defective Products or for defects in material, design or manufacturing requires the prior written consent of the Seller. Unless the Seller's liability is incontestably established or if it is expressly recognized by the Seller, the costs and risks of return will be the responsibility of the Customer. The Seller reserves the right to refuse the return if the Products are not in their original condition.
No returns of unsold Products will be accepted.
Any defective Product may be subject to repair, replacement with an identical or equivalent product, or a refund, depending on the solution that the Seller or the manufacturers concerned consider most suitable, except in the case of:
– alteration or modification of the Products;
– abnormal or non-compliant use or use of the Products;
– defects and consequences linked to use not in accordance with the use for which the Products are intended;
– defects and consequences linked to any external cause;
– normal wear and tear of the Products;
– non-compliance with the return procedure by the Customer.
In the event of a dispute over the warranty of a Product, the parties must do their best to reach an amicable settlement of the situation.
In the absence of amicable settlement and in the event of sufficiently serious non-performance by the Seller, the Customer may automatically terminate the sale and obtain, where applicable, damages from the Seller in order to repair the damage suffered, the Customer waiving in advance the right to request forced performance in kind of Products by the Seller or a third party or a proportional reduction in the price, by express derogation from the provisions of articles 1221, 1222 and 1223 of the Civil Code.
Article 10 – AVAILABILITY OF THE SITE
The Seller strives to ensure access and proper functioning of the Site twenty-four hours a day, seven days a week.
The Seller cannot, however, rule out the possibility that access and operation of the Site may be interrupted, particularly in the event of force majeure, malfunctions of Customers' equipment or internet network, failure of telecommunications operators, interruption of electricity supply. , abnormal, illicit or fraudulent use of the Site by a Customer or a third party, decision of the competent authorities, or for any other reason.
The Seller also reserves the right to make to the Site and the Services all modifications and improvements of its choice linked to technical developments or proper functioning.
General and temporary interruptions of the Site will, as far as possible, be notified via the Site before they occur, except when these interruptions are of an emergency nature.
Article 11 – RESPONSIBILITY
The Seller's liability cannot be incurred in the event that the non-performance of its obligations is attributable to the Customer, to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure within the meaning of article 1218 of the Code Civil, including, but not limited to, unforeseeable events such as strikes, work stoppages, social unrest, factory closures, floods, fires, failure of production or transport not caused by personal action, rupture of supply, wars, riots, insurrections and more generally any circumstance or event preventing the Seller from properly performing its obligations.
The Seller incurs no liability for any indirect or immaterial damage or harm such as financial loss, loss of opportunity, loss of profit, loss of contract, loss of order, loss of customers, operating loss, harm or trouble. commercial or image damage, which could result from the delivery of non-compliant or defective Products or from the absence of delivery of the Products.
The sale of Products and these General Conditions being in compliance with French legislation, the Seller's liability cannot be engaged in the event of non-compliance with the legislation of another country as soon as the Customer places an order for a Product from from another country.
In any event and in all cases of returns, if the Seller's liability were to be held, it cannot under any circumstances go beyond the purchase price of the goods paid by the Customer.
In accordance with the provisions of article 2254 of the Civil Code, any legal action by a Customer against the Seller is subject to limitation upon the expiration of a period of one (1) year following the date on which the Customer concerned was aware or is presumed to have been aware of the harmful event.
Article 12 – REGISTRATION SYSTEMS
The computerized records, kept in the computer systems of the Seller and its partners under reasonable security conditions, will be considered as proof of the communications and actions of the Customers and the Seller. The archiving of these elements is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy within the meaning of the applicable regulations.
Each Customer recognizes the evidentiary value of the Site's automated recording systems and declares that it waives the right to contest them in the event of a dispute.
Article 13 – PERSONAL DATA
For more information regarding the use of personal data by the Seller, please carefully read the Privacy Charter (the “Charter”). You can consult this Charter at any time on the Site.
Article 14 – HYPERTEXT LINKS
The hypertext links available on the Site may refer to third-party or partner sites. They are provided solely for the convenience of the Customer, in order to facilitate the use of resources available on the Internet. If the Customer uses these links, he will leave the Site and then agree to use third-party sites at his own risk or, where applicable, in accordance with the conditions which govern them.
In any event, the existence of a hypertext link to the Site from a third party site or on the Site to a third party or partner site cannot engage the liability of the Seller in any capacity whatsoever and in particular as to the availability, content and products and/or services available on or from this third party or partner site.
The Customer is not authorized to create one or more hypertext links on a third-party site linking to the home page of the Site or to its profile page, without prior written authorization from the Seller.
Article 15 – INTELLECTUAL PROPERTY
The Seller is the sole owner of all content present on the Site, in particular and without limitation, all texts, files, animated or non-animated images, photographs, videos, logos, designs, models, software, brands, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Content of the Site may in whole or part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way. , free of charge or for a fee, by a Customer or by a third party, whatever the means and/or supports used, whether known or unknown to date, without the prior written authorization of the Seller, and the Customer is solely responsible for any unauthorized use and/or exploitation.
In addition, any extraction, integration, compilation, or use for commercial purposes of information contained in the databases accessible on the Site, as well as any use of software, robots, data mining systems and other collection tools of data is strictly prohibited to Customers.
The Seller however grants to Customers, subject to compliance by the latter with these General Conditions, a non-exclusive and non-transferable right to access the content present on the Site of which it holds full ownership, to download them and print them in for personal, non-commercial use.
The Seller may hold intellectual and/or industrial property rights concerning the Products sold to the Customer. As soon as the Customer becomes aware of an infringement of the Seller's intellectual and/or industrial property rights, he must immediately inform the Seller in writing.
Article 16 – DURATION – SUSPENSION – TERMINATION
In the event of a one-off sale or in application of special conditions, these General Conditions are applicable for the duration of each Product sale transaction carried out between the Seller and a Customer or, where applicable, for the duration of the special conditions concluded with a Customer.
In the event of a sale with successive execution, these General Conditions are applicable for an initial period of 12 months. In the absence of denunciation of these General Conditions within a period of 3 months preceding the end of this initial duration, the sale of the Products and the General Conditions are tacitly renewed for a new period of a duration equivalent to the initial duration appearing on the order form. order, under the pricing conditions in force on the date of renewal.
The Seller reserves the right to suspend a Customer's access to the Site permanently or temporarily, in the event of failure by said Customer to fulfill its obligations resulting from these General Conditions.
Furthermore, the Seller or the Customer may terminate the General Conditions automatically in advance by sending written notification:
– in the event of the occurrence of a case of force majeure as referred to in article 11;
– after notifying the other party in the event of a serious breach by the latter of its obligations or under the applicable laws and regulations, which has not been remedied within fifteen (15) days (when it may be remedied) following written notification indicating the nature of the breach and the need to remedy it.
Article 17 – CONFIDENTIALITY
During the term hereof, each party may become aware of or receive confidential information, documents and/or data about the other party. Therefore, each party undertakes, both in its own name and in the name of its employees for whom it stands strong, to preserve the strict confidentiality of all confidential information, documents and/or data of any nature in connection with the results, activity or goodwill of the other party or any information received or obtained from a party within the framework of established contractual relationships.
This confidentiality commitment of the parties is valid, both for the duration hereof and for a period of two (2) years following their expiration or termination.
Article 18 – NOTIFICATIONS
Any written notification or summons required or permitted under the provisions hereof will be validly made if it is sent by letter delivered by hand or by hand against delivery receipt, by registered mail with acknowledgment of receipt, or by electronic mail (except in in the event of termination hereof), addressed to the contact details of the party concerned, each party electing domicile at its registered office.
Any change of contact details of a party for the purposes hereof must be notified to the other party in accordance with the terms provided above.
Notifications sent by hand or by courier will be presumed to have been made on their date of delivery to the recipient, as attested by the delivery receipt. Notifications made by registered mail with acknowledgment of receipt will be presumed to have been made on the date of their first presentation to the recipient's address. Notices made by email will be deemed to have been given on the date the email is sent.
Article 19 – AUTONOMY AND ABSENCE OF WAIVER
If any of the stipulations of these General Conditions were declared null or inapplicable for any reason whatsoever in application of a law, a regulation or following a court decision that has become final, it would be deemed not to be applicable. written and the other stipulations would remain in force.
The fact that the Seller does not take advantage, temporarily or permanently, of one or more stipulations of the General Conditions will in no case constitute a waiver.
Article 20 – MODIFICATION
The Seller reserves the right to modify at any time and without notice the content or location of the Site and these General Conditions.
Any use of the Site or order following a modification made to the General Conditions will imply acceptance by each Customer of said modifications. The most recent and current version of the General Conditions will always be available at the following address: https://green-spa.fr/cgv
When the modifications made to the General Conditions are considered substantial, these may be brought to the attention of Customers by e-mail and must be accepted by the latter during their next connection to the Site.
Article 21 – DISPUTES
Disputes that may arise within the framework of the contractual relations established between the Customer and the Seller must be resolved, as far as possible, amicably.
In the absence of amicable settlement within one month from the referral of one of the parties, all disputes to which the General Conditions could give rise, concerning their validity, interpretation, execution, termination, their consequences and their consequences, will be submitted to the LYON court.
Article 22 – APPLICABLE LAW & LANGUAGE OF THE CONTRACT
These General Conditions and the operations resulting from them are governed and subject to French law. They are written in French. In the event of translation into one or more foreign languages, only the French text will be authentic in the event of a dispute.