Terms and conditions of sale

Article 2 - Scope of application: consumers and non-professionals

 

The present General Terms and Conditions of Sale are applicable, without restriction or reservation, to all sales of Products (hereinafter the "Products" or the "Product") concluded by Velvet Extension (hereinafter "Velvet Extension" or the "Seller") with consumers (any natural person acting for purposes that do not fall within the scope of his or her commercial, industrial industrial, artisanal, liberal or self-employed) or non-professionals (any legal entity not acting for professional purposes) (hereinafter "Customers" or the "Customer"), via the online sales site accessible from the French version of the website www.velvet-extension.fr for delivery in mainland France (including Corsica), French overseas departments and territories, Europe, Africa and Canada.

 

The present General Terms and Conditions of Sale are applicable to distance sales.

 

Distance selling is any contract concluded between a professional and a consumer within the framework of an organized distance selling system, without the simultaneous physical presence of the professional and the consumer, through the exclusive use of one or more distance communication techniques until the conclusion of the contract.

 

In particular, they specify the conditions for placing orders, payment and delivery of Products ordered by Customers.

 

The present General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to professionals or to the conclusion of purchases by means of other distribution and marketing channels. They can be accessed at: General terms and conditions of sale - Velvet-extension - Supplier

 

These General Terms and Conditions of Sale are available to any Customer prior to placing an order and shall prevail, where applicable, over any other version or any other contradictory document.

 

For any further information, the customer can contact the customer relations department of the online sales site by email: velvetextension@hotmail.com and/or by telephone: 05.47.30.74.36

The Customer declares that he/she has legal capacity and is of legal age.

 

In the case of electronic sales (Internet), the Customer declares that he/she has read and understood these General Terms and Conditions of Sale before placing his/her order. Validation of the order by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.

 

These General Terms and Conditions of Sale may be modified by Velvet Extension at any time and without prior notice, in which case the modifications will apply to all subsequent orders.

Article 3 - Products and availability

 

3.1. Products

 

The Products offered for sale by Velvet Extension are those which appear on the Velvet Extension website, on the day of consultation of the site by the user and within the limits of available stocks.

 

The main characteristics of the Products are presented on the Vendor's website. It is the Customer's responsibility to refer to the description of each Product in order to know its properties and essential particularities.

 

The Vendor may not be held liable for any insubstantial differences between the presentation of the Products on the site (photos, descriptions) and the Product received by the Customer.

 

3.2. Availability

 

Product offers are subject to availability.

 

Upon receipt of the Customer's order, Velvet Extension checks the availability of the Product(s) ordered. In the event of unavailability of one of the Products, the Customer will be informed as soon as possible by email and Velvet Extension undertakes, within 5 days of validation of the order, either to deliver the Product ordered to the Customer, or to offer a similar Product to the Customer at a similar price, or to reimburse the Customer for the Product.

 

In the event of one of the Products in the Customer's order being out of stock, Velvet Extension will ship the remainder of the Customer's order, accompanied by an information message. In this case, the Customer will be entitled either to a refund for the Products that are out of stock, or to obtain similar Products instead.

 

3.3. Ordering process

 

When an order is placed, the sale will only be considered definitive once the Vendor has sent the Customer confirmation of acceptance of the order, and once the Vendor has received the full price or the agreed deposit. It is the Customer's responsibility to check the accuracy of the order and to immediately report any errors.

 

When ordering via the Vendor's website, the Customer must follow the ordering steps mentioned on the site.

 

The Vendor reserves the right to refuse orders for the same Product in abnormally large quantities.

Article 4 - Prices

 

Prices are expressed in Euros, are established in accordance with current legislation and apply to all Customers on the same date and are inclusive of VAT and exclusive of delivery charges, unless otherwise expressly agreed between the parties.

 

The Vendor reserves the right to modify its prices at any time, but undertakes to apply the prices in force on the www.velvetextension.fr website, on the day the order is registered by the Vendor, subject to availability on that date.

 

In the event of an obvious price error on the site, synonymous with resale at a loss, LOUNAKA SAS may refuse the sale of the product. LOUNAKA SAS will systematically refund the purchase by re-crediting the Customer's bank account or by bank transfer.

 

Price promotions published in the press, offered by e-mail to newsletter subscribers or published by various partners, valid for a specified period, may not be applied to orders placed on the www.velvetextension.fr website, unless otherwise stated.

 

Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the Velvet Extension website and calculated before the order is placed. The payment requested from the customer corresponds to the total amount of the sale, including these costs.

 

Specific customer orders may be considered. In such cases, an estimate will be drawn up and accepted by the customer. Quotations issued by the Vendor are valid for one month from the date of issue. Orders based on quotations are considered accepted only after payment of a deposit, the amount of which is specified when the order is placed.

 

An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered.

The customer does not benefit from discounts in case of cash payment or according to the products purchased.

 

Article 5 - Terms of payment

 

The following payment methods can be used:

 

By credit card: Visa, MasterCard, other credit cards.

 

By bank transfer: you must transfer the total amount of your order to the account indicated when you validate your order.

 

Payment via Paypal : Payment methods are specific to the Paypal payment platform, and are independent of LOUNAKA SAS, which has no involvement whatsoever in the use of said service. All terms and conditions related to payment via the Paypal payment solution are governed by the general terms and conditions of use of this service, accessible at https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full and which can be requested at velvetextension@hotmail.com, which apply concomitantly with these GTC. LOUNAKA SAS does not store any of the Customer's bank details, subject to the provisions below. LOUNAKA SAS cannot be held responsible for any malfunction of the Paypal payment platform. In the event of payment via Paypal, the Customer also agrees to be bound by Paypal's general conditions of use, accessible at the above address. These are subject to change by Paypal only.

Article 6 - Delivery terms

Shipping costs are indicated on the delivery page and may be updated: Online supplier : eyelash extensions. Delivery (velvet-extension.fr)

If the Customer wishes to collect the Product from one of our collection points listed on the Vendor's website, there will be no delivery charge, provided that this option has been selected when the order is placed.

 

Shipping methods and times are as follows:

 

Point service Colissimo: Delivery within 48 hours on average to a relay point in France after dispatch of your order*.

Chronopost 13: Next-day delivery before 1:00 p.m. in France, Monday to Friday after your order has been shipped *.

 

Delivery Europe, Dom Tom, World: Delivery between 5 and 8 days depending on the zone after dispatch of your order * subject to force majeure: bad weather, strike, health crisis, pandemic...

Fedex: Varies between 2 and 3 days*.

*Excluding weekends and public holidays, if ordered before 11:00 a.m.

Orders placed before 11.00 am will be dispatched the same day. Orders placed after this time will be dispatched the following day. Orders placed with Products "in stock" will only be dispatched when the Product concerned is available.

 

The Product ordered is delivered by post or by the carrier proposed by the Vendor to the address shown on the order form. The Customer may choose a carrier other than that proposed by the Vendor by expressly requesting it.

Any parcel indicated as delivered by the Colissimo services cannot be subject to compensation.

For all orders under investigation, only a credit note or a return of the parcel will be offered.

 

Article 7 - Return / exchange of Products

 

The Customer is invited to check the apparent condition of the packaging and, if possible, the type of Product at the time of delivery and before signing the delivery note. If the packaging is not in apparent good condition or if the type of Product does not correspond to that ordered, the Customer must refuse the parcel and note a reservation on the delivery slip (parcel refused because opened or damaged) accompanied by his/her signature and indicate this to Velvet Extension by e-mail or by post to velvetextension@hotmail.com or Velvet Extension, 1A Route du Filleur - 33750 Beychac et Caillau. If the Customer has not refused the parcel, he/she is invited to send a complaint to the carrier and Velvet Extension within three (3) days of delivery.

The Customer is also invited to check the model of the Product delivered and the condition of the Product within a reasonable period of five (5) days. If the Products have been damaged or are not in conformity, the Customer is invited to inform Velvet Extension within a reasonable period of five (5) days that he/she refuses the order by e-mail or by post to the address velvetextension@hotmail.com or Velvet Extension, SAS whose registered office is located at 1A Route du Filleur, 33750 Beychac et Caillau, and return the products to Velvet Extension at the above address at his/her own expense, in their original packaging.

All returns must be made with tracking and in appropriate packaging, so that the product arrives in new condition. // Any product arriving broken, soiled or used will not be accepted for return or exchange. // Products must not have been opened or used, even for testing purposes, the seal must be intact and any blister pack must not be removed. // Any product that has been damaged, or whose original packaging has been damaged, will not be accepted for return or exchange. Cosmetic products such as semi-permanent nail polish that do not have a lid or sealed blister cannot be returned / We refuse returns of cosmetic products, nails and eyelash extensions. In the case of cosmetic products, nails and eyelashes, they are excluded from the right of retraction by article R121.1 of the French commercial code, goods that cannot be returned for reasons of hygiene. This therefore concerns semi-permanent varnishes and UV gels, liquid products such as eyelash glues, removers, etc. (any liquid product, gel, cream, American capsules, powder, etc.).

In the event of an order error for which Velvet extension is not responsible, return shipping costs will be charged to the customer.

7.1 Warranty and liability

Individual customers :

Eyelash extension products, including adhesives, eyelashes and associated accessories, and electrical appliances dedicated to the use of eyelash extensions are strictly excluded from sale to individual consumers, as these products are reserved exclusively for trained professionals.

 

Other products sold to consumers benefit from the legal guarantee of conformity provided by articles L217-4 et seq. of the French Consumer Code. This warranty is valid for two (2) years from the date of delivery, and covers defects in conformity existing at the time of purchase.

 

Under this warranty, the consumer may request :

 

Repair or replacement of the product, at no extra charge, within a reasonable time and subject to availability;

Price reduction or full refund if repair or replacement is not possible.

However, the legal warranty of conformity does not apply in the following cases:

 

Normal product wear ;

Use not in accordance with the recommendations provided ;

Damage caused by misuse, shock or modification of the product by the customer.

In addition, the consumer benefits from the legal guarantee against hidden defects, in accordance with articles 1641 et seq. of the French Civil Code, for non-apparent defects that render the product unfit for normal use.

As eyelash products are for professional use, no refunds can be made.

 

Article 7.2

Sale and clearance products Products sold on sale or clearance are not subject to refund or exchange in the event of a change of mind. However, in accordance with the legal guarantees in force, in the event of a defective or non-compliant product, the customer may benefit from a repair, exchange or refund under the legal guarantee of conformity (articles L. 217-4 et seq. of the French Consumer Code) or the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code).

 

 

Article 8 - Retention of title - Transfer of risk

The transfer of ownership of the Vendor's Products to the Customer will only take place after full payment of the price by the Customer, regardless of the delivery date of the Products.

Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, unless the Customer has chosen his own carrier.

Article 9 - Seller's liability

In accordance with the provisions of articles L 221-18 et seq. of the French Consumer Code, the Customer has a right of withdrawal which he/she may exercise without having to justify his/her reasons, within a period of fourteen (14) calendar days from receipt of the Products (if the last day falls on a Saturday, Sunday or public holiday, the period is extended to the following day). In the case of an order for several goods delivered separately, or in the case of an order for goods made up of multiple batches or parts whose delivery is staggered over a defined period, the period runs from receipt of the last good, batch or part.

 

The Customer shall inform the Vendor of his decision to withdraw by sending him, before the expiry of the 14-day period indicated above, any unambiguous statement (e.g. letter sent by post or e-mail) expressing his wish to withdraw. The Customer may use the model retraction form appended to these General Terms and Conditions of Sale, which is available on request from our customer service department velvetextension@hotmail.com.

The Customer returns or restitutes the Products to LOUNAKA SAS, without undue delay and, at the latest, within fourteen (14) days following the communication of his decision to withdraw. In all cases, the cost of returning the Products shall be borne by the Customer. The customer only bears the direct cost of returning the goods. It is however specified that any Product which cannot be put back on sale cannot be reimbursed if the depreciation of the Product results from handling other than that necessary to establish the nature, characteristics and proper functioning of this Product (for example, incomplete, damaged, deteriorated or soiled items, etc.).

 

Reimbursement of the invoiced price of the returned Products, as well as any delivery charges incurred by the Customer at the time of purchase - except in the case of partial returns, where delivery charges will not be reimbursed to the Customer, as the amount of delivery charges is fixed - will be made using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to use another means of payment, and insofar as the reimbursement does not incur any costs for the Customer, within fourteen (14) days of the date on which LOUNAKA SAS was informed of the Customer's decision to withdraw, or, if this date is later, until recovery of the Products or until the Customer has provided proof of shipment of these goods. In addition, the Customer is advised to keep all proof of return, which implies that the Products are returned by registered mail or by any other means giving a certain date and ensuring tracking of this shipment.

 

The Vendor is not obliged to reimburse additional costs if the Customer has expressly chosen a more expensive method of delivery than the standard method offered by the Vendor.

 

The customer may be required to pay compensation for the use of the goods sold in the event that he has purchased or used the goods in a manner incompatible with the principles of civil law, such as good faith or unjust enrichment.

 

This right of withdrawal only concerns Products sold on the LOUNAKA SAS website.

 

In addition, the right of withdrawal cannot be exercised for :

 

The supply of goods made to the customer's specifications or clearly personalized,

The supply of computer software which has been unsealed by the Customer after delivery,

The supply of goods which, after delivery and due to their nature, are inseparably mixed with other items,

The supply of goods likely to deteriorate or expire rapidly,

The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

Article 10 - Seller's liability

 

Velvet Extension cannot be held responsible for non-performance of the contract in the event of force majeure as defined in article 1218 of the French Civil Code, or in the event of fault on the part of the customer.

 

Article 11 - Intellectual property

 

The content of the Velvet Extension website is the property of Velvet Extension and is protected by French and international intellectual property laws.

 

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

 

Article 12 - Warranties

 

Velvet Extension, SAS, headquartered at 1A Route du Filleur, 33750 Beychac et Caillau, Vendor, is liable for defects in conformity of the goods with the contract under the conditions of articles L. 217-4 et seq. of the French Consumer Code, and for latent defects in the goods sold under the conditions of articles 1641 et seq. of the French Civil Code.

 

The Seller may not disclaim or limit these warranties with respect to a consumer.

The consumer, when acting under the legal warranty of conformity :

 

has a period of two years from the date of delivery of the property to take action;

may choose between repairing or replacing the good, subject to the cost conditions stipulated in Article L. 217-9 of the French Consumer Code ;

is exempt from proving the existence of a lack of conformity for a period of twenty-four months following delivery of the goods, except in the case of second-hand goods, for which the period is six months (article L. 217-7 of the French Consumer Code).

Legal warranty of conformity :

 

applies if the goods delivered do not conform to the purchase contract under the conditions of Articles L. 217-4 and L. 217-5 of the French Consumer Code;

applies independently of any commercial warranty.

The consumer or non-professional may decide to invoke the warranty against latent defects in the item sold under article 1641 of the French Civil Code, in which case he or she may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code, in respect of latent defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he or she been aware of them. The action must be brought by the purchaser within two years of discovery of the defect.

Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear, accident or force majeure.

 

For any information or question relating to the conditions of sale, the Products themselves or the application of warranties, customers may contact LOUNAKA SAS customer service at the following address:

 

 

Email : velvetextension@hotmail.com

Postal address: Velvet Extension, SAS 1A Route du Filleur, 33750 Beychac et Caillau.

In accordance with Article L. 217-11 of the French Consumer Code, the cost of returning the Product under the legal warranty of conformity will be reimbursed upon receipt of the Product if the lack of conformity is confirmed.

 

We also remind you that you benefit from the legal guarantee against hidden defects in application of articles 1641 et seq. of the French Civil Code.

 

In accordance with the law, here are the following legal provisions:

 

Civil Code :

 

Article 1641: "The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would only have paid a lesser price for it, had he been aware of them".

Article 1648 paragraph 1: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

Consumer Code :

 

Article L217-4: The seller shall deliver goods in conformity with the contract and shall be liable for any defects in conformity existing at the time of delivery.

Article L217-5: The goods conform to the contract if they are fit for the use usually expected and if they correspond to the seller's description.

Article L 217-10: The buyer may choose between repair, replacement or cancellation of the sale in the event of lack of conformity.

Article L 217-12: Action resulting from a lack of conformity is barred after two years from delivery of the goods.

 

Velvet extension undertakes to repair products within 15 days to 4 weeks, depending on the fault.

Article 13 - Processing of your personal data

 

The personal data collected is processed by LOUNAKA SAS, headquartered at 1A Route du Filleur, 33750 Beychac et Caillau, registered in the BORDEAUX Trade and Companies Register under number 840 739 668.

 

To find out how LOUNAKA SAS processes your personal data (purposes, recipients, retention period, etc.), and to be informed of your rights in relation to this data, please consult our privacy policy at https://www.velvet-extension.fr/content/7-politique-de-confidentialite.

 

In accordance with the regulations applicable to personal data, you have the right to access, rectify, object to, limit the processing of, delete and port your data, which you may exercise by e-mail or by post to velvetextension@hotmail.com or LOUNAKA SAS, 1A Route du Filleur, 33750 Beychac et Caillau, specifying your surname, first name, address and enclosing a copy of both sides of your identity card.

 

In the event of any difficulty relating to the management of your personal data, you may submit a complaint to Velvet Extension, LOUNAKA SAS, 1A Route du Filleur, 33750 Beychac et Caillau, the company's personal data management contact, or to the CNIL or any other competent authority.

 

Article 14 - Applicable law, disputes

 

If a dispute or litigation should arise despite all the care taken by Velvet Extension in the execution of its obligations, the Customer is invited to write to Velvet Extension to attempt to resolve this difficulty, indicating the references of the order, the reasons for the dispute and the request(s).

 

The contractual relationship is governed by French law. In the event that the present General Terms and Conditions of Sale are translated into one or more languages, only the French text shall prevail in the event of a dispute.

 

All disputes relating to the validity, interpretation, performance, termination or consequences of the present contract shall be submitted to the courts of Bordeaux.

Article 15 - Opposition to cold calling

 

We inform you that you have the possibility of registering free of charge on a list of opposition to telephone canvassing, in accordance with articles L. 223-1 et seq. of the French Consumer Code, in order to no longer be canvassed by telephone by any professional with whom you have no current contractual relationship.

 

If you are registered on a Do Not Call list, we inform you that you may still be called in the following cases:

 

By professionals with whom you have a current contract,

For prospecting calls for the supply of newspapers, periodicals or magazines,

For reasons other than the sale of goods or services, such as :

Public service calls

Calls from research and polling institutes

Calls from non-profit associations

If you have freely and unequivocally communicated your number in order to be called back.

Article 16 - Pre-contractual information - Customer acceptance

 

Prior to placing an order and entering into a contract, the Customer has been sent, in a clear and comprehensible manner, the present General Terms and Conditions of Sale and the information listed in article L.221-5 of the French Consumer Code, and in particular the following information:

 

the essential characteristics of the product,

the price of the Products and related costs (e.g. delivery);

the date or time by which the Vendor undertakes to deliver the Product,

information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if this is not apparent from the context,

information on legal and contractual warranties and how to make use of them,

digital content functionalities and, where applicable, interoperability,

the possibility of resorting to conventional mediation in the event of a dispute.

The fact that a natural person (or legal entity) orders a Product implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer.

 

Updated 02/15/2024