General Terms and Conditions of Sale applicable to orders placed on the WCORB EURL e-commerce website by end consumers located in Europe.

Preliminary article

WCORB EURL (hereinafter referred to as « VISEART ») markets VISEART cosmetics products in Europe, America and Asia (hereinafter referred to as « Products »). VISEART wanted to set up, along with the network of stores in which the Products are sold, its own online sales site. VISEART sells the Products on its website to individuals and professionals.

 

Definition

« Customer(s) » means the user(s) browsing the website and making an online purchase of Product(s) for personal use.

« General Conditions of Sale » or « Terms » means the present general conditions of sale of Products on the website.

« VISEART » designates VISEART with a 85.000€ capital registered in the Nanterre trade and companies under the number 398 356 006 and distributing the product of the brand VISEART whose head office is 38, rue Chapon 75003 PARIS – France.

« Parties » means the cosmetics products of the brand VISEART offered for sale on the website under the conditions of Article 3 below.

« Website » means VISEART France e-commerce website accessible through the internet at: www.viseart.paris, offering the Products for sale.

 

Company Identity

Viseart

38, rue Chapon

75003 Paris – France

RCS 398 356 006

 

Subject: Scope of the General Conditions of Sale

The purpose of these general conditions of sale is to define the terms and conditions for the online sales of VISEART Products to the Clients, as well as the rights and obligations of the Parties born from the online sale of the Product offered on the site.

They determine all the steps necessary for the placing of the order and ensure the follow-up of this order between the Parties.

By placing an order for a Product on the Website, the Customer acknowledges, by ticking a box provided for this purpose, to have read the General Terms and Conditions of Sale in force on the date of the order and to have accepted without restriction, this acceptance cannot be conditioned by a handwritten signature on the part of the Customer.

It is specified that the Customer can save or print these Terms and Conditions of Sale, provided with conditions that they do not modify them.

VISEART reserves the right to update the General Terms and Conditions of Sale at any time.

The General Conditions of Sale apply to all online sales made on the Website to the exclusion of any other document, including the conditions applicable to sales in the store or through other distribution channels and marketing.

 

Products

Product description

The Products offered for sale by VISEART are those listed on the Website, on the day of the consultation of the Website by the Customer, and within the limits of available stocks. VISEART reserves the right to withdraw Products from the sale at any time.

VISEART puts the greatest care in Products presentation on the Website to meet the requirements of Article L.111-1 of the Consumer Code. Nevertheless, the photographs illustrating the Products are only indicative and do not enter into the contractual field.

Indeed, if every effort is made to ensure that the colors of the Products, whose photos are displayed on the Website, are faithful to the original Products, variations may occur, in particular because of the technical limitations of the color renditions of a computer equipment. Therefore, VSIEART cannot be held responsible for errors or inaccuracy of photographs or graphic representations of the Products presented on the Website.

For any question regarding the purchase of the Products and their use, or request for advice, the buyer may contact VISEART team via our online contact form or at the following email address: ayservice@viseart.paris.

 

Availability of Products

The Products offered for sale by VISEART are those listed on the Website, on the day of the consultation of the Website by the Customer, and within the limits of available stocks.

VISEART will make its best efforts to report any temporary or permanent unavailability of Products on the information page of the Website describing each Product or at the time of placing the order.

If a Product ordered was no longer available at the time of shipping the order, VISEART will notify the Customer as soon as possible by email or telephone. The Customer will have the possibility:

  • To receive only the Products available,
  • To cancel the entire order.

If the Customer does not respond within three (3) days to the customer service contact, the order will be automatically sent with the available products only.

If the Customer’s credit card has already been debited at the time of cancellation, VISEART undertakes to reimburse the Customer, as soon as possible, the amount of the order if the order is fully cancelled, or the amount of unavailable Products, minus deduction of delivery charges, if applicable, on th credit card used to pay the order.

 

Price

Product prices are firm. They are indicated in euros. The current rate is the one indicated on the Website.

These prices take into account the applicable VAT on the day of the order but do not include the costs of packing and delivery which will be invoiced in addition and will be specified to the Customer during the final validation of his order.

The shipping costs will be indicated before the registration of the order by the buyer. The different shipping methods are provided below in the General Conditions of Sale and may be modified at any time by VISEART.

The price charged to the Customer is the price indicated on the order confirmation, displayed on the Website during the order confirmation and sent by email by VISEART.

VISEART reserves the right, that the Customer accepts, to modify its prices at any time, without any other formality than to make the modifications on the Website. However, these changes will not affect orders that VISEART has accepted prior to the effective date of these changes, subject to the availability of the Products ordered.

 

Navigation within the Website

The Customer can take note of the various Products offered for sale by VISEART on the Website. The Customer can freely browse the various pages of the Website without being engaged under an order.

 

Terms/ Registration of the order

It is specified that the Products are intended for personal and/ or professional use by the Customer.

To place an order on the Website, the Customer must be of legal age, have the legal capacity and hold a credit card.

In order to place an order, the Customer must create an account on the Website by completing a form whose fields are required to take into account his order.

If the Customer wishes to place an order, he will choose the different Products to which he has an interest and express this interest by clicking on « Add to cart » button.

 

Final validation of the order

The Customer must check the box in front of the message « I have read and accept the general conditions » to validate his order definitively. Any order therefore constitutes acceptance of these General Conditions of sale.

In addition, to validate his order definitively, the Customer must click on the « Pay » button on the payment page.

Before clicking on the « Pay » button, the Customer has the opportunity to:

  • Check the details of the order and the total price;
  • Return to the previous pages to correct any errors made in the data entry or to modify the order.

From the moment the Customer confirms his order by clicking on the « Pay » icon, the Customer will no longer be able to cancel or modify his order.

However, upon receipt of the order, the Customer may exercise his right of withdrawal in the conditions provided in the article « Refusal of order » of these General Terms and Conditions of Sale.

Following the validation of the payment by the Customer, a confirmation of the acceptance of the order will be sent by email to the Customer by VISEART.

The sales contract will only be considered definitively formed after the validation of the payment by the Customer and receipt by the Customer of the confirmation email of the acceptance by VISEART.

The validation of the payment by the Customer and the confirmation email of the acceptance of the order by VISEART will be proof of the acceptance of the said order and its final validation. These elements will be worthy of sums committed by the seizure of the Products appearing on the order. The computerized registers kept in the computer system of VISEART and its partners will be considered as proof of communications, orders and payments between the Parties.

 

Refusal of order

VISEART reserves the right to refuse any order in case of :

  • Existing dispute with the Client;
  • Total or partial non-payment of a previous order by the Customer;
  • Refusal to authorize payment by credit card of banking organizations.

 

Archiving and Proof of Contract

The Customer agrees that the exchanges between the Parties will be done by email.

The retention on VISEART’s computer system of orders, payments confirmations of acceptance of the orders and any other exchange made between the Parties will be considered as proof of the contract of sale.

 

Property Reserve

The Products ordered remain the property of VISEART until full collection of their price by VISEART. On the other hand, on the effective date of delivery, the risks (of loss, theft or deterioration in particular) concerning the delivered Products are assumed by the Customer.

 

Payment

Unless the server is unavailable, the Customer will pay for the order after final confirmation of the order on the Website, by PayPal only. It is possible to pay by PayPal without creating an account. The pyment will then be made directly by card (Mastercard, Discover, American Express, Visa, Aurora Card, Cofinoga or Privilege, Bank Card, 4 stars and Maestro). The Customer will enter his card number, the expiry date thereof, the name of the cardholder and the visual cryptogram (the last three numbers on the back of his credit card).

The Website uses the PayPal order gateway, as such it has an online payment security system allowing the Customer to encrypt the transmission of its banking data.

All orders are payable in euros, all taxes and mandatory contributions included. Any bank charges remain the responsibility of the Customer (including refund cases).

Payments by check are not accepted.

The Customer guarantees VISEART that it has the necessary authorizations to use the method of payment chosen at the time of the validation of the order. In case of refusal of the bank, the order will be automatically canceled and the Customer notified by email.

Invoices will be sent by email to the email address indicated by the Customer when registering/ paying on the VISEART Website.

 

Shipments

Once your order has been placed, you will receive an order confirmation by email.

The order will be shipped to the mailing address provided by the Customer at the time of placing the order.

You can check the status of your order on www.viseart.paris by logging into My Account using your username and password. Click on “My orders”, and than click “view” to see the details of the order.

 

Delivery Time/ Shipping Costs

The delivery time begins to run upon sending the order confirmation email. Allow 2 to 5 days to receive your products in France, 2 to 10 days to receive your order in the European Union and between 10 and 15 days to receive your order in the DOM-TOM.

Orders placed on viseart.paris are shipped and delivered on business days (Monday to Friday, excluding holidays). Orders placed on Satruday and Sunday will be processed the following Monday.

VISEART delivery is free for 74€ purchase. For orders under 74€, a delivery charge of 7€ applies.

 

International Delivery

We deliver Products in France, Austria, Belgium, Denmark, Finland, Germany, Italy, Luxembourg, The Netherlands, Portugal, Spain, Sweden and the United Kingdom.

We also deliver in the DOM-TOM: French Guiana, Guadeloupe, Martinique, Mayotte, Réunion Island, Saint-Barth, Saint Martin Island and Saint Pierre et Miquelon.

If you wish to receive Viseart Products in another country, please contact us by email ayservice@viseart.paris or by phone at 07 69 92 89 55 before placing your order on the Website.

 

Delivery address

Products ordered by the Customer in accordance with these Conditions of Sale will be delivered to the address indicated by the Customer as delivery address when ordering.

Shipments will always be excluded if the delivery address entered on the Website is :

  • A hotel or other shelters
  • One remaining post
  • A non-fixed address (that is to say, and this list is non-exhaustive, mobile homes, caravans, campsites and other non-fixed domiciliation) or in a collective place where an individual address is not clearly and durably attributed to a natural or legal person.

 

Delivery Refusal

VISEART reserves the right to refuse any delivery in the cases specified in the article Order Refusal.

 

Products Receipt

If you are not completely satisfied with your order on viseart.paris, you may return your items within 14 days of the day of delivery.

Products must be returned in their original packaging, not used and accompanied by an invoice.

If the entire order is returned in accordance with the conditions stated above, we will refund the full amount of your original order. If only part of the order is returned; we will refund the amount corresponding to the returned Products, excluding delivery costs of origin.

Your account will be credited upon receipt of your return. You will receive an email confirming the receipt of your parcel and the processing of your refund.

 

Please send all returns to the following address:

VISEART Customer Service

18, rue des Campanules- 77185, Lognes. France

If you have any questions about returns, please contact us via our online form or at the following email address: ayservice@viseart.paris.

 

Damaged items

You have a period of fourteen (14) days after receipt of you package to notice and contact us to arrange a return of defective or damaged Products.

It is imperative to send us the following items by email to ayservice@viseart.paris: the order number, photos of damaged items and the purchase invoice.

Any claims made without all the items set out above will not be taken into account.

 

Failure of Product Conformity

The French Consumer Code provides the following, regarding legal guarantee of conformity:

Article L217-4 of the Consumer Code, « The seller is obliged to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to it by the contract or has been carried out under its responsibility. »

Article L211-5 « To be in conformity with the contract, the property must:

  • Be fit for the usual expected use of a similar good and, when appropriate:
  • Correspond to the description given by the seller and possess the qualities that he has presented to the buyer as a sample or model;
  • Present the qualities that a buyer may legitimately expect given the public statement made by the seller, the manufacturer or his representative. Including advertising and labeling;
  • Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the later has accepted »

As part of the legal guarantee of conformity, VISEART undertakes, at the Customer’s choice :

  • To replace the Product with an identical Product depending on available stocks,
  • To refund the price of the Product within a maximum of thirty (30) days if the replacement of a product is proven impossible.

 

Right of withdrawal and Return Policy

In accordance to the provisions of Article L.121-20 of the Consumer Code and applicable Community law, the Customer has a period of fourteen (14) clear days, from receipt of the Products ordered on the Website, to notify VISEART of its desire to exercise its right of withdrawal.

From the exercise of this right, the Customer has a complementary period of fourteen (14) days to return, at his own expense, the Product(s) he/she ordered if it (they) do not give him/her satisfaction, and to cancel his/her order.

Products must be returned in their original packaging, not used and accompanied by an invoice.

If the entire order is returned in accordance with the conditions stated above, we will refund the amount of your original order. If only part of the order is returned, we will refund the amount corresponding to the returned products, excluding delivery costs of origin.

Your account will be credited upon receipt of your return. You will receive an email confirming the receipt of your parcel and the processing of your refund.

 

Please send all returns to the following address :

VISEART Customer Service

18, Rue des Campanules

77185, LOGNES

France

If you have questions about returns, please contact us via our online contact form or at the following email address: ayservice@viseart.paris.

 

Return costs

In accordance with Article L221-21-3 of the French Consumer Code, the costs of returning the Products are at the responsibility of the Customer except in case of lack of conformity of the Products delivered in relation to the order (in this case these returning costs will be the responsibility of VISEART).

 

Hidden Defects

All products sold by VISEART benefit from the legal warranty of hidden defects provided for in articles 1641 of the Civil Code, « The seller is bound by the guarantee for reasons of hidden defects of the thing sold which make it unfit for the use to which it is destine, or which diminish so much the use that the buyer would not have acquired it, or would have given a lesser price, if he had known them. » and 1648 of the Civil Code, « The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be discharged from apparent defects or defects of conformity. »

Under this warranty, the Customer has the choice to return the Product(s) and to be reimbursed for all costs incurred by the sale (shipping and return costs included) by VISEART or to keep the Product and to get a partial refund by VISEART and this, within thirty (30) days.

 

Guarantee Exclusion

Will not be covered by the warranties: the Products modified or repaired by the Customer as well as Products damaged due to misuse.

 

Responsibility

VISEART is only bound by an obligation of means. The Customer remains the only judge of the appropriate character and adaptation to his needs and his consumption of the item he orders.

VISEART cannot be held liable for any use of the Products that does not conform to their intended purpose.

It is reminded that the Customer, prior to his order, declares to have full legal capacity, allowing him to engage under these Terms and Conditions of Sale. VISEART cannot under any circumstances be required to check the legal capacity of its visitors and buyers. Accordingly, if a person lacking legal capacity was ordering articles on the Website, the official legal persons would have to assume full responsibility for this Order and should honor the price.

VISEART does not warrant that the Website is available on a continuous basis, without temporary interruption, suspension, or error. In particular, VISEART cannot be held responsible for:

  • Interruptions or delays recorded on the Website due to technical failures, force majeure, third parties or any circumstances whatsoever, regardless of its will;
  • The impossibility of the Customer or temporary access to the Website, due to events beyond his control, such as cases of computer failure, interruptions of the telephone network, the Internet or failure of the reception equipment of the client’s Internet network.

VISEART cannot be held responsible for (i) the loss, tampering or fraudulent access to the Customer’s personal data, (ii) the accidental transmission, viruses or other harmful elements resulting from access to the Internet or e-mail transmissions.

Without limiting the scope of the other provisions of the General Terms and Conditions of Sale, the responsibility of VISEART can be retained only in case of proven fault attributable to it, and will in any event be limited to direct damages.

VISEART reserves the right to suspend the operation of the Website.

 

Force Majeure

VISEART cannot be held responsible for the non-execution of all or parts of its obligations, if this non-performance is due to the fortuitous event or the occurrence of a constituent element of force majeure as defined by the jurisprudence.

The affected party must inform the other party of this event within a maximum of three (3) working days from the beginning of this event by email contact@viseart.com or by telephone on 07 69 92 89 55. The Parties agree that they shall consult as soon as possible in order to determine the execution of the order during the period of force majeure.

 

Intellectual Property

The intellectual property rights attached to the Products sold on the Website are and remain the exclusive property of VISEART. All exploitation rights are exclusively reserved to VISEART. Under these conditions, no one is allowed to reproduce, exploit, distribute or use in any way whatsoever, even partially, the intellectual property rights, without the prior written consent of VISEART.

VISEART trademarks and logos are registered trademarks. Any reproduction constitutes, therefore, an infringement.

 

Entire Agreement

The General Conditions of Sale, the General Terms and Conditions of Use, the Order Summary send to the Customer, and the email confirming the acceptance of the order by VISEART form a contractual whole and constitute the entire contractual relationship between the Parties. They constitute the only contractual documents opposable to the Parties, to the exclusion of any other document or photograph of the Products which have only an indicative value.

VISEART makes available the contractual documents in order to allow their conservation and reproduction by the Customer in accordance with article 1369-4 of the Civil Code.

 

Applicable Law – Litigation

These General Terms and Conditions of Sale and the contractual relations between VISEART and the Customer are governed by French law. Any dispute arising from the application or interpretation of the General Conditions of Sale is, in the absence of an amicable agreement, the jurisdiction of the court of the defendant’s place of residence or the place of actual delivery of the Product.

 

No Waiver

The fact that one of the Parties does not rely on the other Party’s breach of any obligations under these General Terms and Conditions of Sale shall not be construed for the future as a waiver of the obligation in question.