Terms & Conditions of www.lalicornebeaute.com
ARTICLE 1. PARTIES
The present terms & conditions are applicable between Webstina Global SL, a company incorporated under the Spanish law, with their head office at: Paseo Maritimo Rey De España 144, 29640 Fuengirola (Málaga), Spain, email: email@example.com , intra-community VAT number: ESB93275014, hereafter “La Licorne Beauté” and any person, natural or legal, under private or public law, registered on the “Site”, hereafter “the Client”.
ARTICLE 2. DEFINITIONS
“Subscription”: right to temporary access products and services from the “La Licorne & Me” section of the “Site” through monthly “Gift Cards”.
“Gift Card”: voucher enabling “Clients” to purchase products and services from the “La Licorne & Me” section of the “Site”.
“Gift Card needed”: “Clients” must use their monthly “Gift Cards” to be able to purchase “Products” with this mention.
“Client “: any person, natural or legal, under private or public law, who signed up to the “Site”’s “Subscription”.
“Club”/ “La Licorne & Me”: gathers all the products and services “Clients” can purchase thanks to their monthly “Gift Card”.
“Site contents”: elements of any kind published on the “Site”, protected or not by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
“La Licorne Beauté”: Webstina Global SL as “Site” editor.
“Internet user”: any person, natural or legal, under private or public law, connecting to the “Site”.
“Product”: Any product or service sold by “La Licorne Beauté” on the “Site”.
“Site”: Website accessed through the www.lalicornebeaute.com URL, as well as its sub-sites, mirror sites, portals and URL associated variations.
“#LaLicorneCares program”: “#LaLicorneCares program” enables loyal “Clients” to renew their wardrobe for free* by receiving a new “Gift Card” when they donate a fashion item they’ve own for at least 6 months and which they’ve purchased on the “Site” with to one of their “Gift Cards” (For more details, see Article 5.3).
*A new “Gift Card” equivalent to the purchase price (capped at 150€/item) is issued upon reception of the proof of donation. Shipping fees for the new purchased items are not included.
ARTICLE 3. SCOPE
The “Site” is freely accessible to all “Internet users”. Browsing the “Site” implies full acceptance of present terms & conditions by all “Internet users”. The simple connection to the “Site”, by any means whatsoever, especially via a robot or a browser, will imply full and entire acceptance of the present terms & conditions. When signing up to the “Site’s” “Subscription”, the “Client’s” acceptance will be validated by checking the corresponding check box.
The “Client” acknowledges to have fully understood and accepted them without restriction.
Checking the box mentioned above, will be deemed to have the same value as a handwritten signature from the “Client”. The “Client” recognizes the evidential value of “La Licorne Beauté’s” automatic registration systems and renounces to dispute them in the event of litigation unless opposite proof can be provided.
The present terms & conditions apply to all relations between parties except for any other conditions such as those of the “Internet user”.
The acceptance of the present terms & conditions implies that the “Internet user” or “Client” has the legal capacity to do so, if not, they must have the authorization from their legal guardian/tutor/curator or a mandate if they act on behalf of a corporation.
ARTICLE 4. THE PURPOSE OF THE “SITE”
The purpose of the “Site” is the sale of “Products” to “Internet users”/“Clients”. The “Site” also sells its “Subscription” to its “Clients”.
ARTICLE 5. “SUBSCRIPTION” TO THE “CLUB”
5.1. Sign up procedure
5.1.1. Select a “Subscription”
To join the “Club”, the “Client” must sign up to “La Licorne Beauté” “Club” using the relevant form.
5.1.2. Validate the “Subscription”
When signing up to the “Club, the “Client” has to fill in the required information.
The “Client” can then check the details and conditions of the “Subscription”, including its monthly price. If the “Client” agrees with the terms of the offer, they will be able to confirm their sign up by clicking on the corresponding button on the order confirmation page.
People wishing to join the “La Licorne Beauté” “Club” can do so through an advertising campaign. If the “Client” wishes to sign up to the “Club” through one of “La Licorne Beauté” ‘s promotional offers without having to provide their mobile phone number or receiving promotional content, they can do so directly from the “Club” tab on the “Site”.
5.1.3. Payment by the “Client”
Once the order has been confirmed, “Clients” will be invited to proceed to the payment of the agreed amount on a secured payment gateway which will have a Pay button or any other similar formulation.
Clicking on the button constitute a direct debit authorization for La Licorne Beauté to collect the price of the subscription on the 6th of each month.
When the “Client” started their “Subscription” with a trial offer, the 1st renewal will occur on the 6th of the next month.
5.1.4. Order confirmation by “La Licorne Beauté”
Once the payment has been received by “La Licorne Beauté”, the latter undertakes to acknowledge receipt to the “Client” by electronic means, within maximum 24 hours. Within the same period, “La Licorne Beauté” commits to send the “Client” an order summary by email, containing all the related information.
5.1.5. Subscription period
The “Subscription” starts from the time “La Licorne Beauté” collects the 1st renewal from the “Client”.
The “Subscription” to “La Licorne Beauté” does not require any minimum commitment period and can be cancelled at any time.
The “Subscription” is renewed monthly on the 6th.
“Subscriptions” are automatically renewed by tacit agreement unless “Clients” cancel them before the next renewal.
5.2. “Gift Cards”
5.2.1. Reception of the “Gift Card”
By subscribing to the “Club”, the “Client” receives a new “Gift Card” every month. The “Gift Card” is delivered in a dematerialized form through the contact details provided by the “Client” when signing up. The cost of the “Gift Card” and its face value are indicated in the message sent to the “Client” and the cost of the “Gift Card” is always equal or lower than its face value.
When signing up to a trial offer, the “Client” might receive a “Gift Card” to claim their welcome Gift Box from the Gift Box section of the “Site”. For evident fraud prevention, the “Client” must activate this type of “Gift Card” by following the instructions received.
5.2.2. “Gift Card” use
The “Client” can use its monthly “Gift Cards” on the “Club” section of the “Site”. The “Products” that can be purchased with a monthly “Gift Card” can be easily identified by the mention “Gift Card needed”. It is important to note that “Gift Card” can only be used on “Products” and not on shipping fees.
The steps to order one or more “Products” using the “Gift Card” code are the same as those for ordering “Products” without a “Gift Card”, up until the cart validation. At this stage, the only difference resides in the fact that the “Gift Card” holders must inform its code in order to see the “Product” price reduction applied.
Regarding the “Gift Card” related to a trial offer, the “Client” must follow the instructions which will be sent to him to activate it. Once activated, the “Gift Card” can be used in the same way as the monthly “Gift Card” but on the Gift Boxes section of the “Site”.
5.2.3. Validity of the “Gift Card”
Monthly “Gift Cards” issued by “La Licorne Beauté” do not expire. However, “Gift Cards” issued to enable the “Client” to claim their welcome Gift Box expire after 14 days from the issuing date. Once the “Gift Card” has expired, the “Client” will no longer be able to use it to claim their Gift Box on the “Site”. The expiration of the “Gift Card”, for any reason other than force majeure or a proven fault of “La Licorne Beauté”, cannot lead to any refund of the “Client” by “La Licorne Beauté”.
5.3 #LaLicorneCares program
5.3.1 What is the #LaLicorneCares program?
The ambition of the #LaLicorneCares program is to help the “Client” take full responsibility of the fashion items they purchase by recycling them in a meaningful way.
We work together with our “Clients” to empower people in need and reduce the environmental impact of fast fashion while enabling them to renew their wardrobe without the guilt!
“Clients” get a full refund (as a new “Gift Card”) of the original purchase price when they donate fashion items they’ve purchased on www.lalicornebeaute.com and owned for at least 6 months.
5.3.2 How to avail of #LaLicorneCares program?
To avail of the #LaLicorneCares program, the “Client” must still be an active member of the “La Licorne Beauté” “Club”.
– The “Client” purchases any fashion item from the “La Licorne Beauté” “Club” thanks to one of their monthly “Gift Cards”.
– The “Client” enjoys the “Product” they’ve purchased until they have no more use for it (minimum 6 months).
– The “Client” donates the fashion item to the charity organization of their choice. They then send a receipt from the charity organization proving that the fashion item was donated along with a picture of them holding the “Product” and a #LaLicorneCares sign to the following address: firstname.lastname@example.org. The receipt should present the details of the charity organization, the date of the donation and a list of the items donated.
– The “Client” receives a new “Gift Card” with a value equivalent to their initial purchase (capped at 150€ per item).
ARTICLE 6. “PRODUCT” ORDERS
To place an order, “Internet users”/“Clients” may select one or more “Products” and add them to their cart. “Products” availability is available on the “Site” under each item description. Once the order is completed, “Internet users”/“Clients” can access their cart by clicking on the corresponding button on the top right corner of the “Site”.
6.2. Order validation by the “Internet user”/“Client”
When clicking on the cart, “Internet users”/“Clients” will be able to check the quantities for each item, the price per item and the total. They will be able to remove one of more “Products” from their cart.
If their order suits them, “Internet users”/“Clients” can validate it.
6.3. Payment by the “Internet user”/“Client”
“Internet users”/“Clients” will be asked to check or modify their billing and delivery details, they will then be invited to proceed to the payment of the agreed amount on a secured payment gateway which will have a Pay button or any other similar formulation.
6.4. Order confirmation by “La Licorne Beauté”
Once the payment has been received by “La Licorne Beauté”, the latter undertakes to acknowledge receipt to the “Client” by electronic means, within maximum 24 hours. Within the same period, “La Licorne Beauté” commits to send the “Client” an order summary by email, containing all the related information.
ARTICLE 7. PRICE – PAYMENT
The applicable prices are those displayed on the “Site” on the day of the order. These prices can be modified at any time by “La Licorne Beauté”. The prices displayed are only valid on the day of the order and have no effect in the future.
There are different types of prices on “La Licorne Beauté”. Normal retail prices are marked in red and crossed. La Licorne prices are valid for all “Internet users” whereas prices with the mention “Gift Card needed are reserved to “Clients”.
The prices indicated on the “Site” are understood in euros, all taxes included, excluding shipping fees.
7.2. Payment methods
The “Clients” can use their monthly “Gift Card” to pay for their order, but may not use it to pay for the shipping fees which are not covered by “Gift Cards”. The remaining of the payment can be done by credit/debit card.
All payments are secured by an SSL encryption and “La Licorne Beauté” does not have access at any time to any data related to the “Internet user”/“Client” ‘s payment details. Payments go through a secured terminal hosted by the bank.
“La Licorne Beauté” will send an electronic invoice after each payment. The “Internet user”/“Client” expressly agrees to only receive electronic invoices.
7.4. Failure to pay
The agreed payment dates cannot be delayed under any pretext whatsoever, including in the event of a dispute.
Any unpaid bill on the due date will result in a formal notice and in late payment penalties calculated on the base of a rate 3 times the legal interest rate without the penalties affecting the due sums.
In addition, any payment delay will result in the billing of the defaulting “Client” of recovery costs amounting to 40 euros, the immediate payment of all the remaining amounts due regardless of the agreed deadlines, plus an indemnity of 20% of the amount as a penal clause, as well as the possibility of terminating the contract unilaterally at the “Client’s” fault. This clause is part of the provisions of article 1152 of the civil code allowing the judge to reduce the compensation if the judge considers that it is excessive.
7.5. Retention of title
Sold “Products” remain the property of “La Licorne Beauté” until full payment, according to the present retention of title clause.
ARTICLE 8. CLAIMS – WITHDRAWAL – WARRANTY
8.1. Customer service
The “Site’s” customer service can be reached by phone at 0644632277 on any business day from 9 am to 4 pm and by mail at the postal address indicated in the Article 1 of the present terms & conditions. In both cases, “La Licorne Beauté” is doing its best to answer as quickly as possible.
8.2. Right of withdrawal – Distance selling
8.2.1. Conditions for exercising the right of withdrawal
According to the legislation applicable to distance selling, the “Internet user”/“Client” can exercise their right of withdrawal within 14 clears days, without having to justify their motive or paying penalties except for return costs.
The period mentioned in the previous paragraph runs from the day the distance contract is concluded for contracts relating to the provision of a service and / or the supply of digital content not provided on a physical medium.
Repair/replacement request: If the “Product” concerned was part of an order including multiple items delivered at different times, the period runs from the reception of the last item.
When the period of fourteen days expires on a Saturday, a Sunday or a holiday, it is extended until the next working day.
The request for repair/replacement must be transmitted to “La Licorne Beauté” via email at email@example.com. Needless to say that “La Licorne Beauté” will acknowledge receipt of the request as soon as possible by email.
8.2.2. Effects of the right of withdrawal
The “Client” has to return the “Products” to the professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days of the communication of his decision to withdraw.
When the right of withdrawal is exercised, the professional is obliged to refund the “Client” of all of the sums paid as soon as possible and at the latest within fourteen days following the date on which this right was exercised. If necessary, the professional may defer the refund until “Products” have been received by “La Licorne Beauté” or until the “Client” has provided proof of the “Product” shipment, whichever is the earliest. Past that period, the refund will be majored of the legal running interest rate, as specified in the article L.242-4 of the Consumer Code.
The costs associated to sending back the “Product” are the responsibility of the “Client”. These costs are estimated to a maximum of 20€, if for any reason the “Product” cannot be returned by post.
The “Client” is only liable for the depreciation of the “Product” resulting from manipulations other than those necessary to establish the nature, characteristics, and proper functioning of said “Product”.
The procedures regarding the right of withdrawal are exposed in standard form provided at the end of the present terms & conditions.
8.2.3. Exclusions from the right of withdrawal
The right of withdrawal does not apply to the following contracts:
– supply of goods made according to the “Client’s” specifications or clearly personalized; – supply of goods likely to deteriorate or expire quickly; – supply of goods which have been unsealed by the “Client” after delivery and which cannot be returned for reasons of hygiene or health protection; – supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles.
Likewise, the right of withdrawal does not apply to contracts executed in full by both parties at the express request of the “Client” before the latter exercises his right of withdrawal.
8.3. Termination of the contract on the “Client’s” request
The “Client” may denounce the contract by registered letter with proof of delivery if the delivery time of the goods exceeds 7 days. The “Client” will then be refunded of all costs inherent to the order.
This clause does not apply if the delivery delay is due to force majeure. In such a case, the “Client” commits not to prosecute “La Licorne Beauté” and waives to avail himself of the resolution of the sale provided for in this article.
8.4.1. Warranty for defects and visible damage
It is up to the “Internet user”/“Client” to check the good condition of the “Products” at the time of delivery. This verification must in particular relate to the quality, quantities and references of the “Products” as well as their conformity to the order. No complaint will be taken into account after a period of three days from delivery.
8.4.2. Warranty for defects and hidden damage
22.214.171.124. Legal guarantees
“Internet users”/“Clients” have a legal guarantee of correct delivery (article 1604 of the Civil Code), a legal guarantee against hidden damage (articles 1641 and s. Of the Civil Code) and a security guarantee (articles 1245 and s. of the Civil Code).
“Internet users”/“Clients” having the quality of consumers also have a legal warranty of conformity (Articles L. 217-4 et seq. Of the Consumer Code).
In order avail of the warranty, it is up to the “Internet user”/“Client” to return the “Product” to the address of the “La Licorne Beauté” headquarters, accompanied by an explanatory letter requesting either repair, exchange or refund.
The costs of returning the “Product” remain the “Internet user”/“Client” ‘s responsibility, except for Consuming customers implementing the conformity warranty of articles L. 217-4 and s. of the Consumer Code.
The “Client” has a period of 2 years from the delivery of the goods to act with the seller. As such, he can choose between repairing or replacing the “Product”, subject to the cost conditions provided for in article L.217-9 of the Consumer Code. Finally, the “Internet user”/“Client” is exempt from reporting proof of the existence of the “Product” ’s lack of conformity during the 24 months following the delivery of said “Product”, except for second-hand goods.
Where applicable, the legal warranty of conformity applies independently of the commercial warranty.
When the consumer “Internet user”/“Client” decides to implement the guarantee against hidden defects, he can choose between the resolution of the sale or a reduction in the sale price.
ARTICLE 9. DELIVERY
9.1. Shipping fees
The shipping fees are communicated to the “Internet user”/“Client” before any payment and are valid for the local country. For any delivery taking place outside of the local country, it will be the “Client’s” responsibility to contact the customer service.
The shipping fees indicated on the “Site” are understood in euros, all taxes included.
9.2. Delivery time
Orders are delivered by external service providers within an average of 3 to 5 working days but can take up to 22 working days from full receipt of the payment by “La Licorne Beauté”.
Some “Products” or order volumes may nevertheless justify a delivery time greater than 22 working days. It will be expressly mentioned to the attention of the “Internet user”/“Client” during the validation of the order.
9.3. Damaged package
In the event of delivery of an undeniably and visibly damaged package, it is up to the “Internet user”/“Client” to refuse it in order to benefit from the warranty offered by the carrier. The “Internet user”/“Client” must also inform the seller without delay, so that a new package is prepared for him, and then dispatched upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these terms & conditions will no longer apply.
ARTICLE 10. PERSONAL DATA
As part of its service, “La Licorne Beauté” will be required to process the personal data of its “Internet users”/“Clients”.
10.1. Identity of the controller
The legal entity responsible for the collection and for data processed on the “Site” is “La Licorne Beauté”.
10.2. Identity of the Data Protection Officer
The Data Protection Officer in charge of data protection is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, firstname.lastname@example.org, +33177628203, www.deshoulieres-avocats.com.
10.3. Data collected
10.3.1. Data collected from “Internet users”/“Clients”
Within its contractual relations framework, “La Licorne Beauté” may be required to collect and process information from its “Internet users”/“Clients”, namely: names, first names, telephone number, postal addresses, email addresses, 4 last numbers of the bank card used, contract history.
10.3.2. Purposes of personal data collection
The data collected during the contractual relationship are subject to automated processing with the aim of:
fulfilling contractual commitments
contacting the “Internet user”/“Client”
avoiding any illegal or illegal activity
enforcing the terms & conditions
initiating legal proceedings
verifying “Internet user”/“Client” ’s identity
sending promotional offers
10.3.3. Legal bases for processing
The data collected have a contractual relationship as a legal basis.
10.3.4. Data recipients
The data collected can only be consulted by “La Licorne Beauté” within the strictly necessary limits for the execution of contractual commitments.
These data, whether in individual or aggregated form, are never made freely viewable by a third person.
10.3.5. Duration of storage of personal data
The personal data collected is kept for the time of the contractual relationship, and for the time during which “La Licorne Beauté” ‘s liability may be engaged.
Past the retention period, “La Licorne Beauté” undertakes to permanently delete the data of the persons concerned without storing a copy.
10.3.6. Personal data security and confidentiality
Personal data is kept under secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulations and the national legislation in force.
Access to “La Licorne Beauté” premises is also secured.
10.3.7. Data minimization
“La Licorne Beauté” may also collect and process any data voluntarily transmitted by its “Internet users”/“Clients”.
“La Licorne Beauté” directs its “Internet users”/“Clients” to only provide personal data that is strictly necessary to the contractual commitments execution.
“La Licorne Beauté” commits to only store and process the data strictly necessary for its professional activities and will delete any received data that is no longer useful for its activities as soon as possible.
10.4. Respect for rights
“La Licorne Beauté’s ” “Internet users”/“Clients” have the following rights concerning their personal data, which they can exercise by writing to “La Licorne Beauté’s ” postal address or by filling out the online contact form.
10.4.1. Rights of data information, access and communication
“La Licorne Beauté’s” “Internet users”/“Clients” have the possibility of accessing personal data that concern them.
For security and confidentiality reasons surrounding the personal data processing, request will only be dealt with if “Internet users”/”Clients” can provide a proof of identity under the form of a photocopy of their valid ID along with the mention “I certify that the copy of this ID corresponds to the original. Done in …, the…” followed by their signature.
10.4.2. Rights of data rectification, suppression and deletion
“La Licorne Beauté’s” “Internet users”/“Clients” have the possibility to request the rectification, updating, blocking or deletion of their personal data which may prove to be inaccurate, erroneous, incomplete or obsolete.
“La Licorne Beauté’s” “Internet users”/“Clients” can also define general and specific directives relating to the fate of personal data after their death. If necessary, the heirs of a deceased person may require that the death of their loved one be taken into account and / or that the necessary updates are made.
10.4.3. Right to object to data processing
“La Licorne Beauté’s” “Internet users”/“Clients” have the possibility to object to the processing of their personal data.
10.4.4. Data portability right
“La Licorne Beauté’s” “Internet users”/“Clients” have the right to receive their the personal data they provided to “La Licorne Beauté” in a transferable, open and readable format.
10.4.5. Right to limit processing
“La Licorne Beauté’s” “Internet users”/“Clients” have the right to request that the processing of their personal data by “La Licorne Beauté” be limited. Therefore, their data can only be stored and no longer used by “La Licorne Beauté”.
10.4.6. Response time
“La Licorne Beauté” commits to respond to any access, rectification or opposition request or any other additional information request within a reasonable period of time, which may not exceed 1 month from receiving the request.
10.4.7. Complaint to the competent relevant authority
If “La Licorne Beauté’s” “Internet users”/“Clients” consider that “La Licorne Beauté” is not meet its obligations with regard to their personal data, they may address a complaint or request to the competent local authority.
10.5. Transfer of collected data
10.5.1. Transfer to partners
“La Licorne Beauté” uses authorized service providers to facilitate the collection and processing of its “Internet users”/“Clients” data. These providers may be located outside the European Union.
“La Licorne Beauté” has previously ensured that its service providers provide adequate guarantees and that strict conditions regarding confidentiality, use and data protection are respected, for example via the U.S. Privacy Shield.
10.5.2. Transfer on requisition or court order
The “Internet user”/“Client” also agree that “La Licorne Beauté” will communicates the collected data to any person, upon state authority request or by judicial decision.
10.5.3. Transfer in connection with a merger or acquisition
If “La Licorne Beauté” is involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy or in the acquisition of all or part of its activity by another company, the “Internet user”/“Client” agrees that the data collected are transmitted by “La Licorne Beauté” to this company and that this the company takes over personal data processing as mentioned in these terms & conditions in lieu of “La Licorne Beauté”.
ARTICLE 11. LIABILITY OF “La Licorne Beauté”
11.1. Nature of “La Licorne Beauté’s” obligations
“La Licorne Beauté” undertakes to provide the care and necessary diligence for the supply of quality “Products” in accordance with the specifications of these terms & conditions. “La Licorne Beauté” is only liable for an obligation of means concerning the services covered by these presents.
11.2. Force majeure – “Client’s” fault
“La Licorne Beauté” will not be held liable in the event of force majeure or the “Internet user”/“Client” fault, as defined in this article:
11.2.1. Force majeure
According to these terms & conditions, any prevention, limitation or disturbance of the service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the internet provider, transmission networks failure, collapse of facilities, illicit or fraudulent use of passwords, codes or references provided to the “Internet user”/“Client”, computer hacking, a flaw security attributable to the “Site” host or developers, floods, blackouts, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of “La Licorne Beauté” will be considered a case of force majeure opposable to the “Internet user”/“Client”. In such circumstances, “La Licorne Beauté” will be exempt from performing its obligations within the limits of this impediment, limitation or inconvenience.
11.2.2. “Internet user”/“Client” fault
According to these terms & conditions, any misuse of the service, fault, negligence, omission or failure on his part or that of his employees, non-compliance with the advice given by “La Licorne Beauté” on its “Site”, any disclosure or illicit use of the password, codes and references of the “Client”, as well as the provision of erroneous information or the absence of updating of such information in its personal space will be considered as the “Internet user”/“Client” ‘s fault against the latter. The implementation of any technical process, such as robots, or automatic requests, the implementation of which would contravene the letter or the spirit of these terms & conditions of sale, will also be considered as a fault of the “Internet user”/“Client”.
11.3. Technical problems – Hypertext links
In the event that the access to the “Site” is impossible, due to technical problems of all kinds, the “Internet user”/“Client” will not be able to claim damage and will not be able to claim any compensation. The unavailability, even prolonged and without any limited duration, of one or more online services, may not constitute prejudice for the “Internet user”/“Client” and may in no way give rise to the award of damages from “La Licorne Beauté”.
The hypertext links present on the “Site” may refer to other websites. “La Licorne Beauté” cannot be held liable if the content of these sites contravenes current legislation. Likewise, “La Licorne Beauté” cannot be held liable if the Internet visitor’s visit to one of these sites causes it harm.
In the current state of the art, the rendering of the “Product” representations offered for sale on this “Site”, in particular in terms of colors or shapes, may vary significantly from one computer station to another or differ from reality depending on the quality of the graphic accessories and the screen or according to the display resolution. These variations and differences can in no event be attributed to “La Licorne Beauté”, which cannot in any case be held liable for this fact.
11.4. Damages payable by “La Licorne Beauté”
In the absence of contrary legal or regulatory provisions, “La Licorne Beauté” ‘s liability is limited to direct, personal and certain damage suffered by the “Internet user”/“Client” and linked to the failure in question. “La Licorne Beauté” cannot in any case be held liable for indirect damage such as, in particular, loss of data, commercial damage, loss of orders, damage to the brand image, commercial unrest and profits or “Internet user”/“Client” loss. Likewise and within the same limits, the amount of damages charged to “La Licorne Beauté” cannot in any event exceed the price of the “Product” ordered.
11.5. Hypertext links and “Site” content
The Contents of the “Site” are published for information only, without guarantee of accuracy. “La Licorne Beauté” cannot in any case be held responsible for an omission, an inaccuracy or any error contained in this information and which would be the cause of direct or indirect damage caused to the “Internet user”/“Client”.
ARTICLE 12. INTELLECTUAL PROPERTY
12.1. Legal protection of “Site” Content
The Contents of the “Site” are likely to be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, complete or partial, carried out illegally and without the consent of “La Licorne Beauté” or its assigns, constitutes a violation of Books I and III of the Intellectual Property Code and will be liable to give rise to legal proceedings for counterfeiting.
12.2. Contractual protection of “Site” Content
The “Internet user”/“Client” contractually commits to “La Licorne Beauté” not to use, reproduce or represent, in any way whatsoever, the Contents of the “Site”, whether or not they are protected by an intellectual property right, for any purpose other than that of reading them by a robot or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the “Site” for the purpose of indexing.
ARTICLE 13. FINAL PROVISIONS
13.1. Applicable law
The present terms & conditions are subjected to the French legislation.
13.2. Modifications of the present terms & conditions
The present terms & conditions can be modified at any time by “La Licorne Beauté”. The terms & conditions applicable to the “Internet user”/“Client” are those in force on the day of his order or of his connection to this “Site”, any new connection to the personal space will entail acceptance, where applicable, of the new terms & conditions.
Any dispute related to the execution of these terms & conditions that could not previously be settled between the parties will be settled via arbitration: www.fast-arbitre.com.
13.4. Validity of the terms
The nullity of one of the clauses of this contract will not result in the nullity of the other clauses of the contract or of the contract in its entirety, which will keep their full effect and scope. In such an event, the parties shall, as much as possible, replace the cancelled statement by a valid one corresponding to the spirit and the object of the terms & conditions.
13.5. No Waiver
The fact that “La Licorne Beauté” does not exercise its rights as presented in these terms & conditions cannot be interpreted as a renunciation of the said rights.
The “Internet users”/“Clients” are informed that they have the possibility to oppose the use of their phone number for telemarketing purposes by clicking on the following link: http://www.bloctel.gouv.fr
13.7. Language of the present terms & conditions
The present terms & conditions are offer in French.
13.7. Unfair clauses
The present terms & conditions apply provided that they respect the Consumer Code regarding abusive clauses in contracts between a professional and a consumer.
TERMS OF CANCELLATION OF THE ORDER IN THE EVENT OF REMOTE SALE TO A “INTERNET USER”/”CLIENT”
In the case of distance selling, as defined by article L. 221-1 of the Consumer Code, within fourteen days, including holidays, from the order or the commitment to purchase, the “Internet user”/“Client” has the right to waive it by registered letter with acknowledgment of receipt. If this period normally expires on a Saturday, Sunday a public or non-working day, it is extended until the next working day.
Any clause of the contract by which the “Internet user”/“Client” abandons his right to renounce his order or his commitment to purchase is null and void. This article does not apply to contracts concluded under the conditions provided for in Article L. 221-2.
If you cancel your order, you can use the detachable form below
Consumer Code art. L. 221-5
1. complete and sign this form
2. send it by registered letter with proof of delivery
3. use the address given in article 1
4. send it no later than the fourteenth day from the day of the order or, if this period normally expires on a Saturday, Sunday or a public holiday, the first following working day.
I, the undersigned, declare to cancel the following order:
∗ NATURE OF THE GOODS OR ORDERED SERVICE: ___________________
∗ DATE OF THE ORDER: __________________________________________
∗ DATE OF RECEIPT OF THE ORDER: _______________________________
∗ CUSTOMER NAME: _____________________________________________
∗ CUSTOMER ADDRESS: _________________________________________
CLIENT’S SIGNATURE: ___________________________________________