General Terms and Conditions
TERMS OF SALES
The society AYSHGLAMM SHOP & EVENT with share capital of €5,000, registered with the RCS of Nanterre under the number: 915 330 575, Intracommunity VAT number: FR16915330575, (hereinafter “the Seller”) makes products or services (hereinafter the “Site”) available to its Customers via its website www.ayshglamm.fr (hereinafter the “Site”). -after the “Products” or Services”). It is previously specified that these General Conditions of Sale (hereinafter the “CGV”) exclusively govern the sales of Products or Services on the Site.
CONTACT DETAILS
• The head office: 55 Avenue des Champs Pierreux - Le Capitole Building - 92000 Nanterre
• Telephone number: +33 (0)9 52 54 38 00
• Email: contact@ayshglamm.fr
Internet users visiting the Site and who are potentially interested in the Products and Services offered are invited to read these General Terms and Conditions carefully. You are invited to print them and/or save them on a durable medium, before placing an order on the Site.
The Customer acknowledges having read the General Terms and Conditions and accepts them in full and without reservation.
Application of the General Conditions of Sale
The Seller reserves the right to modify the General Terms and Conditions at any time by publishing a new version of them on the Site. The General Terms and Conditions applicable to the Customer are those in force on the day of their order on the Site.
This Site offers the online sale of the following services:
Makeup training, makeup services, events, products and customer connections.
Access to the Site is free and free for all Customers. The Customer declares to have read these General Terms and Conditions and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure. Checking this box will be deemed to have the same value as a handwritten signature from the Customer.
Acceptance of these General Terms and Conditions presupposes on the part of the Customers that they have the necessary legal capacity for this. If the Client is a minor or does not have this legal capacity, he declares that he has the authorization of a guardian, a curator or his legal representative.
The Customer recognizes the evidentiary value of the Seller's automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
Article 1 Masterclass
1.1 – TICKET PRICES
Ticket prices are indicated with mention of the currency and All Taxes included, including rental fees, and, where applicable, management fees.
All orders, regardless of their origin, are only payable in the currency indicated during the order process.
A Ticket cannot be returned, exchanged or refunded, even in the event of loss or theft.
A Ticket may only be refunded in the event of cancellation of the Event and by decision of the Organizer.
Ayshglamm reserves the right to modify its prices at any time but the products will be invoiced on the basis of the prices in force at the time of order registration.
1.2 – AVAILABILITY AND ROOM PLAN
You are informed, in real time, when placing the order, of the availability of the desired Tickets.
If all or part of the Tickets in the desired category are unavailable, Ayshglamm will let you know and you will then be able to purchase Tickets in another category, subject to their availability.
If the number of Tickets you requested was greater than the number of Tickets available in the chosen category or in another category offered, Ayshglamm may allocate you non-contiguous seats.
In any case, you will be able to check the suitability of the order with your wishes at the time of validation of the order.
1.3 – PAYMENTS
For paid Ticket orders, you must make your payments by credit card directly on the Ayshglamm.fr Sites. Ayshglamm accepts bank card payments from the CARTE BLEUE / VISA and EUROCARD / MASTERCARD networks as well as other possible networks mentioned during the payment step.
Your bank account will be debited for the amount of the order, upon final validation of the transaction in the case of a CB Secure Payment, with the exception of the case where you are in deferred debit in which case this debit will be effective on your bank account at the end of the month.
Proof of order will be automatically sent to you by e-mail as soon as payment has been recorded.
To be valid, the Ticket must not have been the subject of a cancellation or unpaid debt on the bank card used for the order, in which case the barcode will be deactivated: you will then not be able to access the Event .
1.4 – PRINTING CONDITIONS AND VALIDITY OF THE TICKET
This Ticket is only valid if printed on blank white A4 paper, front and back. The printing format must not have been modified, the printing must be of good quality and all the information contained on the Ticket must be legible. Printing can be done in black and white or in color.
Partially printed, soiled, damaged or illegible Tickets will not be accepted and therefore considered invalid.
The Organizer may also accept other methods of presenting the Ticket: mobile phone, tablet, etc. These possibilities may be presented, if necessary, during the ordering process.
1.5 – USE AND VALIDITY OF THE TICKET
The Ticket is neither exchangeable nor refundable.
It is personal to you and is non-transferable, unless expressly authorized by the Organizer. It is possible that the Organizer did not wish to make each of the Tickets nominative, in which case they contain exclusively the same identity, namely that of the buyer provided when ordering. In any event, the Ticket cannot be sold for a face value greater than that indicated on the Ticket. Ayhglamm reserves the right to take any action against Buyers who offer Tickets for sale at a price higher than their face value.
The Ticket is only valid for the specific location, session, date and time of the Event.
After the start time, access to the Event is no longer guaranteed: in this case, you will not be entitled to any refund. You are advised to arrive before the start of the Event, at least 30 minutes in advance.
Some of the times indicated by the Organizer may be strict deadlines with no tolerance for late entry.
1.6 – CONTROL OF TICKETS AND ACCESS TO THE EVENT
The Organizer is responsible for ensuring control of the Tickets unless it has delegated this mission to a third party. It is the unique barcode and the Ticket identifier where applicable which will allow the validity of each Ticket to be verified.
For registered Tickets, the Organizer always has the possibility of checking your identity at the entrance to the venue where the Event takes place. You must therefore have a valid official identity document including a photo if you wish to access the Event.
When setting up the Event, the Organizer may indicate any other supporting documents to be presented at the entrance to the location where the Event is taking place. In this case, we will inform you before the Event and the Organizer may request the presentation of said supporting documents.
You must keep your Ticket or the standard 2-stamp Ticket that may have been given to you upon access to the Event by the Organizer for the duration of the Event.
Please note that the Organizer is not obliged to verify the identity of the person in possession of the Printable at Home Ticket, nor to verify the authenticity of the Printable at Home Ticket to the extent that the copy of the Printable at Home Ticket cannot be detected with certainty. Also, please remember that you are responsible for keeping your Ticket and that you may be refused access to the Event even if your name appears on the Ticket.
1.7 – FRAUD
It is strictly prohibited to reproduce, duplicate or counterfeit a Ticket in any way whatsoever. The person who reproduced the Ticket and the user of the copy of the Ticket are liable to prosecution. In the event of loss or theft, Ayshglamm declines all liability in the event of illicit use of the Ticket.
1.8 – WITHDRAWAL PERIOD, CANCELLATION AND REFUND
In accordance with article L 121-20-4 of the Consumer Code, Tickets are not subject to a right of withdrawal. All orders are firm and final. You will be informed of the possible cancellation of the Event, its postponement or its substantial modification by Ayshglamm
Only the buyer who placed the order on the Ayshglamm website and whose name appears on the Ticket can be reimbursed.
Your refund, excluding bookings via Offline Payment, will be made by Ayshglamm only:
• If the Organizer has voluntarily requested reimbursement from buyers,
• Or if the Organizer has accepted the buyers' refund request,
By purchasing a Ticket on the Ayshglamm website, you expressly agree to waive any recourse against the Ayshglamm company for purposes of reimbursement.
Please note that any decision to cancel, postpone or modify an Event is the responsibility of the Organizer.
1.9 – BEHAVIOR TO BE ADOPTED DURING THE EVENT
You must respect the Organizer's instructions when you are at the Event location.
The Internal Regulations of the Event will be available for consultation, either directly on the Organizer's website, either before accessing the Event, or following their transmission by the Organizer by e-mail and prior to the Event.
Except in special circumstances, it is prohibited to photograph, film or record during the Event.
1.10 – LIABILITY – APPLICABLE LAW
In accordance with law n°2004-575 of June 21, 2004, article L 121-20-3 of the consumer code, Ayshglamm is automatically responsible towards the consumer for the proper execution of the obligations resulting from the contract concluded in distance. As such, Ayshglamm is responsible to you for the proper transmission of the Ticket and, where applicable, the proper execution of payment.
Sales of Tickets referred to herein are subject to French law.
In the event of disputes, the French courts have sole jurisdiction.
Article 2 – Price and payment terms (except for Masterclass see article 1)
2.1 – Pricing
The prices of the Products and/or Services are indicated in euros, all taxes included (VAT + other taxes and in particular tax on videograms, eco-contribution, etc.) excluding participation in processing and shipping costs.
AYSHGLAMM reserves the right to modify its prices at any time and to reflect, if applicable, any change in the VAT rate in force on the price of the Products or Services offered on the Site.
However, the products will be invoiced on the basis of the prices in force at the time of validation of the order. The prices displayed include participation in processing and shipping costs.
2.2 – Late penalties
In the event of late payment by the Professional Customer, the Seller may suspend all orders in progress, without prejudice to any other course of action.
Any amount not paid by the due date set by these General Terms and Conditions automatically entails, without formality or formal notice, the day following the payment date provided for on the invoice, the application of late payment penalties of an equal amount. at the rate applied by the European Central Bank to its most recent refinancing operation increased by ten points.
The Seller reserves the right to ask the Customer for an additional sum if the recovery costs incurred are greater than this amount.
This penalty is calculated on the amount including tax of the sum remaining due, and runs from the due date of the price without any prior notice being necessary.
In addition to late payment compensation, a fixed compensation for recovery costs of a sum of 40 euros will also be due, automatically and without prior notification to the Customer.
Article 3 – Orders and customer account
3.1 – Customer account
Creating a customer account is not necessary before placing the order. The Customer, however, undertakes to provide sincere and accurate information concerning his marital status and contact details, in particular his email address when ordering.
3.2 – Payment terms
The Customer can place an order on this Site and can make payment by:
- Bank card
– Check
– Bank transfer
- Species
– Paypal
No data relating to the Customer's means of payment is collected by the Site. Payment is made directly into the hands of the bank or payment provider receiving payment from the Customer. In the event of payment by check or bank transfer, the delivery times defined in the “Delivery” article of these General Terms and Conditions only begin to run from the date of effective receipt of payment by the Seller, the latter being able to provide proof by any means.
Purchase orders and invoices will be archived on a reliable and durable medium constituting a faithful copy. The computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
3.3 – Orders
The Customer can place an order on:
– On the Internet: www.ayshglamm.fr
– By telephone during AYSHGLAMM opening hours
– By email to: contact@ayshglamm.fr
The contractual information is presented in French and will be the subject of a confirmation including this contractual information at the latest when you validate your order.
3.4 – Payment deadlines
Sales are final after payment of a deposit to the Seller, the amount of which is specified on the order form. It represents a percentage of the total invoice price excluding taxes.
The price to be paid to the Seller is therefore the total invoice price, less the amount of the deposit already paid.
Article 4 – Validation of the order
The Customer declares to have read and accepted these General Conditions of Sale before placing your order. Validation of your order therefore constitutes acceptance of these General Conditions of Sale.
Article 5 – Execution of Services
AYSHGLAMM undertakes to implement all human and material resources to carry out the service within the deadlines announced when placing the order. These deadlines are provided for information only.
However, it cannot under any circumstances be held responsible for delays in providing services caused due to faults which are not attributable to it.
Any delay in delivery compared to the date or deadline indicated to the Consumer Customer when ordering or, in the absence of indication of date or deadline when ordering, greater than thirty (30) days from the date of delivery. conclusion of the contract may result in the termination of the sale at the initiative of the Consumer Customer under the conditions provided for in articles L 216-2, L 216-3 and L241-1 of the Consumer Code. The request must be in writing on his part, sent by registered letter with acknowledgment of receipt if after having ordered the Seller to make delivery he has not complied.
The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of the totality of the sums paid. This clause is not intended to apply if the delivery delay is due to a case of force majeure.
In the event that the execution of a physical service should not have been carried out or would have been postponed due to an error in the address indicated by the Customer, the travel costs of the service provider mandated by the Company to carry out the unsuccessful service will be the responsibility of the Customer. In the absence of reservations or complaints expressly made by the Customer upon receipt of the Services, they will be deemed to conform to the order in quantity and quality.
The Customer will have a period of 2 (two) days from the provision of the Services to submit complaints by registered mail with all relevant supporting documents to the Seller. No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer.
Article 6 – Right of withdrawal (except for Masterclass cf. article 1 and products)
6.1 – Legal deadline for the right of withdrawal
In accordance with the legal provisions in force (article L.221-18 of the Consumer Code), the Customer has a period of 14 days from placing the order to exercise his right of withdrawal without having to provide reasons. nor to pay a penalty.
6.2 – Withdrawal terms
To exercise his right of withdrawal, in accordance with legal provisions, the Customer can find attached in Appendix 2 the standard withdrawal form to be sent to AYSHGLAMM at the following address: AYSHGLAMM 55 Avenue des Champs Pierreux - Le Capitole Building - 92000 Nanterre, France. The request must mention the order concerned by this withdrawal.
The Customer may exercise his right of withdrawal by: Registered letter
In the event of exercising the right of withdrawal, AYSHGLAMM will reimburse the sums paid at the latest within 14 days from the date on which AYSHGLAMM is informed of your decision to withdraw and using the same means of payment as that used. for the order (unless expressly agreed by the Customer for reimbursement using another means of payment).
6.3 – Withdrawal period for professionals
The right of withdrawal is also extended to professionals who meet the following conditions: professionals who have concluded off-premises contracts as long as the subject of these contracts does not fall within the scope of the main activity of the professional requested and that the number of employees employed by it is less than or equal to five. The deadlines are identical to those in the previous paragraph.
Article 7 – Liability
The Seller's liability can only be incurred in the event of serious, intentional or willful misconduct. In all other cases, the Seller's liability can never be sought or incurred by the Customers.
Article 8 – Intellectual property
All texts, comments, works, illustrations, works and images reproduced or represented on the AYSHGLAMM Site are strictly reserved under copyright as well as under intellectual property and for the entire world. As such and in accordance with the provisions of the intellectual property code, only use for private use subject to different or even more restrictive provisions of the intellectual property code is authorized. Any reproduction or total or partial representation of the Site or all or part of the elements found on the Site is strictly prohibited.
The company names, brands and distinctive signs reproduced on the Site are protected under trademark law. The reproduction or representation of all or part of one of the aforementioned signs is strictly prohibited and must be subject to prior written authorization from the owner of the brand.
Article 9 – Applicable law – Disputes – Processing of complaints
Applicable law: This contract is subject to French law. The language of this contract is French. In the event of a dispute, the French courts will have sole jurisdiction.
Handling of complaints: For any complaints you can contact customer service using the contact details mentioned in the preamble to these conditions.
Attribution of jurisdiction :
In the event of a difficulty arising during the ordering or delivery of items sold on the Site, the Customer will contact AYSHGLAMM as a priority to seek an amicable solution. The Client has the option of resorting to a conventional mediation procedure or any other alternative method of dispute resolution.
In the event of a dispute, in accordance with Regulation No. 44/2001 of December 22, 2000:
– The Customer may refer the matter either to the court of the place where he is domiciled, or to the French courts,
– AYSHGLAMM may refer the matter to the court of the place where the Customer is domiciled.
Article 10 – Personal data
Personal information and personal data concerning the Customer are necessary for the management of their order and commercial relations. They may be transmitted to companies that contribute to these relationships such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data are also kept for security purposes, in order to comply with legal and regulatory obligations and as well as to allow AYSHGLAMM to improve and personalize the services offered and the information provided.
The processing of information communicated via the Site has been declared to the CNIL number ____________.
In accordance with the Data Protection Act of January 6, 1978, the Customer has a right of access and rectification and opposition to personal data concerning him. All he has to do is write online to Customer Service or by mail to AYSHGLAMM 55 Avenue des Champs Pierreux - Immeuble Le Capitole - 92000 Nanterre, France, indicating last name, first name, e-mail address.
In accordance with current regulations, the request must be signed and accompanied by a photocopy of an identity document bearing the Client's signature and specify the address to which the response must be sent. A response will then be sent to them within 2 months of receipt of the request.
Annex 1
Article L. 217-4 Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L. 217-5 Consumer Code
The property complies with the contract:
1. If it is suitable for the use usually expected of similar goods and, where applicable:
• if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
• if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
• Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 Consumer Code
The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.
Article L. 217-16 Consumer Code:
When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of At least seven days are added to the remaining warranty period. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention.
Article 1641 Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known them.
Article 1648 paragraph 1 Civil Code
Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
Appendix 2 – Withdrawal form
In the event of withdrawal from your order placed on AYSHGLAMM, please complete and return this form – unless there are exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To the attention of AYSHGLAMM 55 Avenue des Champs Pierreux - Immeuble Le Capitole - 92000 Nanterre, France
I hereby notify you of my withdrawal from the contract relating to the sale of the property / for the
service presentation(*) below:
Ordered on …………………………………….. / Received on
……………………………………………………………….. (*)
Order number: ……………………………………………………………………..
Name of consumer(s): ………………………………………………………………..
Address of the consumer(s): ………………………………………………………………………..
Signature of the consumer(s) (only in the event of notification of this form on
paper) :
Date : ………………………………………………………………..
(*) Delete the unnecessary