Article 1 – LEGAL NOTICES
This website, accessible at the URL https://green-spa.pro (the " Site "), is published by:
MGHA, a simplified joint-stock company (SAS) with a capital of 50,000 euros, registered with the Lyon Trade and Companies Register under number B 895 398 154, whose registered office is located at 254 Rue Vendôme 69003 LYON represented by SASU RESILIENCE, duly authorized,
(Hereinafter referred to as the " Seller ").
The Operator's individual VAT number is: FR52895398154
Contact email address: bonjour@green-spa.pro
The Site is hosted by Shopify , located at Legal Department 151 O'Connor Street Ground Floor Ottawa, Ontario K2P 2L8.
The Site's Publication Director is Geoffrey Tessier
The Seller's Customer Service can be contacted: by email to bonjour@green-spa.pro
Article 2 – SCOPE OF APPLICATION
These general terms and conditions of sale (the " General Terms and Conditions ") apply exclusively to the sale of products marketed by the Seller on the Site (the " Products ") to any professional customer acting within the scope of their business and having created an account (the " Customer ").
The General Terms and Conditions notably set out the terms of purchase, payment, and delivery of Products ordered by the Customer. The Customer can refer to the description of each Product on the Website to learn about its characteristics.
Placing an order for Products on the Site implies, on the part of the Customer, prior acceptance without restriction or reservation of the General Terms and Conditions, which the Customer declares to have read.
The General Terms and Conditions are made available to Customers on the Site where they can be viewed directly and can also be provided to them upon request by any means.
The General Terms and Conditions shall apply notwithstanding any contrary stipulation appearing in any document emanating from the Client, and in particular in its general terms and conditions of purchase.
The General Terms and Conditions are applicable subject to any contrary stipulation appearing on the order form or to any special conditions where applicable concluded between the Seller and the Client concerned.
Article 2 – PRODUCTS AND AVAILABILITY
The price and essential characteristics of each Product are described in a technical data sheet available on the Website and published, as applicable, by the Seller or its suppliers. This technical data sheet may include descriptions, photographs, and graphics that are provided for illustrative purposes only and may be modified/updated on the Website by the Seller.
The Seller, MGHA, reserves the right to deliver the product with packaging different from that shown in the photo, depending on our suppliers' supplies.
The Products offered comply with French legislation and European CE standards in force at the time the order is placed.
Product and price offers are valid as long as they are visible on the Site, within the limits of available stock at the Seller and its suppliers, except in the case of special operations whose validity period is specified on the Site.
The fact that the Seller presents Products on the Site does not constitute an obligation to market them, particularly in the event of stock shortage, unavailability of Products or impossibility of marketing said Products, whatever the reason.
Information on the availability of Products is communicated to the Customer at the time of placing an order for purely indicative purposes (subject to any stock error, simultaneous order or product deterioration).
In the event that one or more Products are unavailable following the placement of an order, the Seller will inform the Customer in writing of the waiting period for the temporarily unavailable product. In this case:
- the Seller may, with the Client's agreement, offer at the same price a product of the same nature as the one initially ordered;
- The Customer will have the option of waiting for the missing Product(s) to become available in order to receive their entire order in a single shipment;
- The Customer may cancel the order entirely; or
- The Customer may cancel the order for the unavailable Product(s) and thus receive the other Products included in the order.
Article 3 – REGISTRATION CONDITIONS
Any Customer wishing to fully benefit from the Site and purchase Products must:
- to have full capacity and to act for strictly professional purposes in the activity of the aesthetic sector.
- create your personal space on the Site by filling in the various fields of the account creation form (company name, VAT number, name/surname of the contact person, email address, telephone number, etc.);
- confirm acceptance of the General Terms and Conditions;
- confirm registration.
The Site can be accessed from a computer, smartphone or tablet by connecting to the Site.
Use of the Site requires a broadband internet connection and mobile internet where applicable.
Customers are responsible for setting up the computer and telecommunications equipment necessary to access the Site.
The Services are only accessible from one connection at a time.
When creating an account with email, the Client is asked to choose a password, which guarantees the confidentiality of the information contained in their account.
To validate registration, the Seller sends the Customer a confirmation email to the email address provided by the Customer. The Customer then activates their account by clicking on the hyperlink provided for this purpose in the confirmation email.
Each Client guarantees the truthfulness and accuracy of the information provided for the purposes of their registration, undertakes to notify them of any subsequent changes and guarantees that said information does not infringe the rights of third parties.
The Customer can modify this information, username and password from their account on the Site.
The Customer agrees not to disclose or transfer their account, login details, and passwords and is solely responsible for their use until deactivation. They must immediately inform the Seller of any loss or unauthorized use of their account.
The Seller reserves the right to delete the account of any Customer who has provided incorrect information.
Article 4 – ORDERS
Any Customer wishing to purchase Products online on the Site must:
- log in to your customer account;
- select the Products he wishes to subscribe to in his Product basket;
- fill in the various fields of the Customer order form, specifying the delivery address if different from the billing address.
- confirm acceptance of the General Terms and Conditions;
- confirm acceptance of the order for the Products;
- choose your payment method;
- to make payment for the Products.
Unless expressly stated otherwise on the Site, the Customer may not modify their order after it has been validated, which will be firm and final.
Upon receipt of payment for the Products included in the order, the Seller will send the Customer an email confirming their order to the email address provided by the Customer.
The order confirmation email summarizes the essential characteristics of the product(s) ordered, the total price, and any other relevant information. This email will also include the customer's order tracking number.
By placing an order on the Site, the Customer expressly agrees to receive an invoice electronically from the Seller. However, a paper invoice may be obtained by contacting Customer Service.
To combat fraud, the Seller or its payment or delivery providers may request additional documentation from the Customer or contact them at the time of order acceptance and/or shipment. If the Customer refuses to provide the requested information and/or documentation without justification, the Seller reserves the right to refuse or cancel the order without any possibility of dispute.
The Seller also reserves the right to refuse or cancel the order of any Customer who has provided incorrect information, who does not pay for the Products, with whom there is a dispute relating to the payment of a previous order or who presents an abnormally high level of ordering.
Article 5 – PRICING CONDITIONS
The Products are sold at the Seller's current price shown on the Site on the day of the order, expressed in euros excluding taxes and fees.
The rates are fixed and non-revisable during their period of validity, the parties expressly waiving the right to invoke the provisions of Article 1195 of the Civil Code.
Any applicable transport, delivery, order processing (shipping, packaging, parcel preparation, optional services subscribed to by the Customer) and other fees, interest and commissions are indicated in the order summary and are established according to the location and method of delivery selected by the Customer, as well as the type of Product and/or quantity of Products ordered by the Customer.
Any special request from the Customer after the order and resulting in additional costs (packaging, transport, etc.) will be subject to additional billing to the Customer.
When the Products are not received by the Customer and must be reshipped, additional processing, shipping, transport and delivery charges may be billed to the Customer under the same conditions as those provided for when the order was placed.
The Seller reserves the right to change its prices at any time for any Products ordered after that change.
Price reductions, rebates, and discounts may apply to the Products under the conditions specified on the Seller's Website or in any other document provided to the Customer. In the case of a promotional price, the Seller agrees to apply this price to all orders placed during the promotional period.
Any change in tariffs resulting from an increase in value added tax or the creation of any new tax based on the price of the Products will be applied immediately and automatically.
Article 6 – BILLING AND PAYMENT CONDITIONS
6.1 – BILLING
In the case of specific services:
The Products are invoiced and the price is due in full and payable in one or more installments within 30 days end of month from the date of issue of the invoice.
In the case of services performed in successive stages:
The Products are invoiced and the price is due and payable at the end of each month in which the Products are delivered.
In the event of early payment by the Client, no discount will be granted. Under no circumstances may payments be suspended or subject to any set-off without the prior written agreement of both the Seller and the Client. Any suspension, deduction, or set-off unilaterally implemented by the Client will be treated as a payment default and will incur all the consequences of late payment.
It is expressly agreed that the Client is validly put in default of payment by the mere fact that the obligation is due, in accordance with the provisions of Article 1344 of the French Civil Code. In the event of late payment of any installment, the Seller reserves the right, in particular, without any compensation being owed to the Client, to:
- demand immediate payment of all sums due in respect of the Products, these becoming immediately payable regardless of their initially scheduled due date;
- refuse any new order or require for any new order a cash payment or a guarantee for the proper execution of commitments;
- allocate any partial payment first to the unsecured portion of the debt and then to the oldest outstanding amounts;
- reduce, suspend or cancel pending Product orders, 7 days after a formal notice issued by the Seller to the Client, which remained without effect;
- to apply, without prior notice, to all sums due, from the first day of delay until full payment, late payment penalties calculated at the rate referred to in Article L.441-6 of the French Commercial Code; and/or
- to demand payment of a fixed compensation of €40 for recovery costs, for each invoice paid late, and payment of compensation equal to 10% of the sums remaining due to him on Product Sales, without prejudice to compensation for any damage actually suffered.
The Seller shall have the right to proceed with a settlement by set-off, as of right, and without formalities, of all sums which it may owe, with the debts of the Client towards it, whether or not the conditions of legal set-off are met.
6.2 – PAYMENT METHODS
The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires payment of the price of the Products under the aforementioned conditions.
Orders can be paid for using one of the following payment methods:
● Payment by credit card. Payment is made directly on the Seller's bank's secure servers; the Customer's bank details are not transmitted through the Website. The bank details provided during payment are protected by SSL (Secure Socket Layer) encryption. Credit cards issued by banks located outside of France must be international credit cards. Payment via these credit cards is made in full, without discount. In the event of a dispute with Alma, you have the option of contacting the AFEPAME consumer mediator.
● Payment in installments by bank card :
The Customer has the option to pay for their order by credit card in 2, 3, or 4 installments free of charge , for any amount up to €4,000 including VAT . They can also choose to pay in 10 installments with fees , up to a limit of €4,000 including VAT . This option is offered through our secure payment provider, subject to eligibility. Details of the installments and applicable fees are provided when this payment method is selected.
● Payment by direct debit. The Customer can pay for their order by direct debit. When placing the order, the buyer will provide the account details for the direct debit. Direct debit at 30 days end of month is free for orders of €300 excluding VAT or more. Otherwise, a €10 excluding VAT processing fee will be charged. Please allow an additional 72 hours for shipping, to allow time for credit checks. If your direct debit is rejected, a €15 excluding VAT bank fee will be charged.
6.3 – RETURN POLICY
Timeframe & principle
The Customer has 14 days from the invoice date to exchange or return a Product.
Return shipping costs and restocking fees are the responsibility of the Customer .
Product condition
All returned products must be undamaged , complete , and returned in their original packaging , with all accessories and the user manual where applicable.
Exclusions for hygiene reasons
For hygiene and safety reasons, cosmetic products (especially sealed, ring-sealed or opened products) are not eligible for the return policy.
Return procedure
Before sending anything, the Customer must:
-
Notify the Seller via customer service (Site messaging).
-
Obtain a Return Merchandise Authorization (RMA) issued by the Seller.
-
Place the return slip inside the package , and affix the order reference to the package, in order to allow the logistics warehouse to identify the return.
-
Carefully pack the product, ideally in its original packaging, to ensure its protection during transport.
Important : The Seller's logistics warehouse processes thousands of orders per day ; any return without a return slip or that is incompletely identified may be delayed or not processed .
Specific conditions – Blouses
-
Return shipping costs for blouses are the responsibility of the customer .
-
The blouse must be returned in its original pouch , carefully folded , and include the original barcode , in order to be able to be put directly back on sale .
-
The preliminary procedure described above (prior information + return slip to be placed in the package) is mandatory .
Return due to customer order error
In the event of a return due to an ordering error attributable to the Customer, a 30% discount will be applied to the value of the returned Product . A credit note will be issued and the corresponding refund will be processed within 5 business days of the Seller's validation of the return.
Missing products upon receipt
If any parts or accessories are missing upon delivery, the Customer must contact customer service via the Site's messaging system within 48 hours of delivery. After this period, no claim will be accepted by the Seller or its carrier.
Returns processing & compensation limits
Except in cases of sole and indisputable liability of the Seller, the costs and risks of return remain the responsibility of the Customer . The Seller reserves the right to refuse a return if the Product is not in its original condition .
In any event, the Seller's liability shall not exceed the purchase price of the goods paid by the Customer.
Article 7 – DELIVERY OF PRODUCTS
7.1 Delivery
The delivery of the Products ordered by the Customer cannot take place until the Customer has made the actual payment of the amount referred to in Article 6.1 above.
Products can be delivered to the following geographical areas: Metropolitan France, EU, Non-EU.
Upon confirmation of the order and payment by the Customer, the Products will be shipped according to the method, to the address and within the delivery time specified in the order summary with the corresponding invoice.
The Customer undertakes to make every effort to ensure the proper receipt of the Products on the delivery date. The cost of any redelivery will be borne by the Customer. Furthermore, in the event of a delivery error resulting from the Customer providing inaccurate information (delivery location, accessibility of the location, or any other issue) that necessitates a redelivery, the associated costs will be charged to the Customer.
Subject to prior agreement from the Seller, the Customer may proceed to collect the ordered Products from the location indicated by the Seller.
In the event of delivery outside mainland France, the Customer will be considered the importer of the Products and required to comply with the regulations of the country of delivery, it being specified that cross-border deliveries may, where applicable, be subject to an opening and inspection procedure by the customs authorities.
7.2 Delivery Conformity
The number and condition of the Products must be checked by the Customer at the time of delivery.
The Seller will be required to take back the Products in the event of delivery of non-conforming or damaged Products. The customer has 14 days to make a claim. After this period, the Seller will no longer be liable.
The Customer must have any apparent defects, missing products, or damage noted in writing with the carrier, clearly, precisely, and completely on the delivery slip. The Customer must confirm their claim to the Seller and the carrier by registered letter with acknowledgment of receipt within 14 days. days from the date of delivery of the goods.
The Seller will validate the return request and send the Customer a return slip by email to be included with the shipment of the Products.
The Customer must return the non-conforming Product to the Seller as soon as possible.
Unless the Seller's sole liability is indisputably established or expressly acknowledged by the Seller, the costs and risks of return shipping will be borne by the Customer. The Seller reserves the right to refuse the return if the Products are not in their original condition.
Should the Customer fail to comply with the aforementioned procedure, the Customer will be presumed to have waived all rights of action against the Seller and/or the carrier and to have received the goods in conformity and in good condition. Consequently, the Seller will not accept any claim, return, or credit request from the Customer.
7.3 - Characteristics of delivery methods
Orders are generally delivered to the delivery address provided by the Buyer. Deliveries are made either by La Poste (Colissimo) or by a carrier (DPD, Schenker, Khuene), depending on the order size and the chosen delivery timeframe.
Upon delivery, the Buyer or the recipient of the order electronically signs an acknowledgement of receipt or initials a delivery note provided by the company mandated by Green Spa. This constitutes valid proof of delivery of the products ordered by the Buyer or the recipient of the order.
In case of absence, the Buyer or the recipient of the order has two options:
- Receive a delivery notice, allowing them to contact the carrier to arrange a new delivery date.
- To be contacted by the carrier to arrange a new delivery date.
If the package is not collected within 10 working days from receipt of the delivery notice, it will be returned to Green Spa and the Buyer will be refunded the amount of their order, less delivery and restocking fees, according to Green Spa's refund method of choice.
No dispute concerning the delivery itself is possible if the package is marked as delivered, with the computer tracking system (scanning) or the delivery note signed by the carrier serving as proof.
7.4 - Delivery Conditions
In metropolitan France :
-
Free delivery on orders over €200 excluding VAT.
-
For all orders between €100 (excluding VAT) and €199.99 (excluding VAT) :
-
Home delivery: €8.90 excluding VAT
-
Delivery to a collection point: €4.90 excluding VAT
-
-
For all orders under €100 excluding VAT :
-
Home delivery: €13.00 excluding VAT
-
Delivery to a collection point: €9.50 excluding VAT.
-
For the EU, free shipping remains fixed at €250 excluding VAT.
-
Additional shipping charges apply in the following cases, whether or not the order amount reaches €150 excluding VAT:
- For all deliveries to Corsica: + €24 incl. VAT (€20.00 excl. VAT). A separate invoice will be sent to you for the adjustment.
7.5 - Delivery Times
Delivery times are estimates and may vary depending on product availability. Any delay of less than 60 days does not justify cancellation of the order, refusal of the goods or payment, or a claim for damages. In case of a delay exceeding 60 However, the Client will be entitled to request the cancellation of the sale, and any deposits already paid will be refunded by the Seller.
Delivery times in mainland France are generally 24 to 72 hours, depending on the delivery department. For Corsica, please allow an additional 1 to 2 business days.
Delivery times begin once the package has been shipped. Please note that our business dedicated to beauty professionals may result in slightly longer delivery times, which we strive to minimize.
If your order has not been shipped within 60 days and you wish to cancel it, please inform our customer service department by telephone, then confirm your request by registered letter with acknowledgment of receipt, using the contact details provided in the "Contact Us" section. No compensation or damages will be granted, but we will refund the full amount paid for the order, according to your preference, within 14 days of your request.
7.6 - Damage, loss, damaged package
Upon delivery, the Buyer or the recipient of the order is required to check the condition of the package and the products. In the event of any anomaly concerning the package (damaged, opened, traces of liquid, etc.) or the products ordered (missing, damaged), the Buyer must follow these instructions:
- Refuse the delivery and clearly and in detail note all anomalies on the delivery driver's slip.
- Report the refusal to Déniheure de Beauté via the chat on our website.
If you notice any missing or damaged items after delivery, you must report these issues to Green Spa via our website's chatbot within 48 hours of delivery. Beyond this timeframe, no claims will be accepted by Green Spa or its carrier.
If no reservations are made upon delivery, the delivered products will be considered compliant.
A defective product is refunded rather than returned if the original order is less than €500 excluding VAT.
Products included with an order (gifts, point-of-sale displays, etc.) are not eligible for replacement if missing items are found. They can only be reshipped with the next order, using a promotional code sent by email.
7.7 Refund policy for parcels not collected from collection point:
If you fail to collect your parcel within the allotted time at the collection point, your order will be refunded after deduction of the following fees:
• Shipping costs: €9.50 excluding VAT (Mondial Relay) or €13 excluding VAT (Colissimo and DPD)
• Preparation fee: €0.40 excluding VAT per item (upon shipment) + €3 excluding VAT per carton
• Return shipping costs: €0.40 excluding VAT per item
• Return handling fee: €5 (excluding VAT)
These fees are charged to us by our logistics provider.
7.8 - Conditions related to pre-orders
For pre-orders, the company commits to shipping the merchandise within a maximum of 180 days from the order validation.
If this maximum period is exceeded, the customer will have the option to request cancellation of the order and a full refund of any amounts already paid. This request must be made in writing, via email or postal mail, to the contact details provided in our legal notice.
Once the refund request has been validated, the company will proceed with the refund within 14 days of receiving the request.
By placing a pre-order, the customer accepts these specific conditions, in addition to these general terms and conditions of sale.
- Article 8 – OWNERSHIP AND RISKS
8.1 - Retention of Title
Notwithstanding the provisions of Article 1583 of the French Civil Code, it is expressly agreed with the Client that the transfer of ownership of the delivered Products is suspended until full and effective payment of the price, including principal, interest, taxes, and all related charges. The delivery of bills of exchange, bank checks, or any other instrument creating an obligation to pay does not constitute effective payment in this respect.
Acceptance of deliveries or documents relating to those deliveries constitutes acceptance of this clause.
In the event of non-payment of the price by the agreed due date, the Seller expressly reserves the right to consider the sale terminated and to reclaim the said Products after formal notice by registered letter or summons from a bailiff which remains without effect within 7 days of its presentation.
Until the Products become the property of the Customer, the Customer is prohibited from disposing of them, including pledging them, exchanging them, or transferring ownership as security. However, as a concession and solely for the purposes of its business, the Seller authorizes the Customer to resell the Products. The Customer therefore undertakes to inform its customers, who are professional resellers, of the existence of the retention of title clause applicable to the Products and of the Seller's right to reclaim from them either the Products in question or the price.
In return, the Customer also undertakes to identify the Products subject to retention of title, not only at the end of each fiscal year but on an ongoing basis, by any means it deems appropriate. The Customer must include the Products subject to retention of title as assets on its balance sheet. Products pending sale are presumed unpaid up to the amount owed to the seller according to the "first in, first out" (FIFO) rule, meaning that any payment by the Customer will be allocated to the oldest Products, and the Products covered by the most recent delivery will always be considered subject to retention of title.
Notwithstanding the fact that the Customer will only acquire ownership of the Products upon full payment, the transfer of risk for the Products to the Customer will occur under the conditions set forth below. The Customer therefore undertakes to take all necessary care in the safekeeping and preservation of said goods.
The Customer shall immediately notify the Seller, by any means ensuring complete communication, of any event likely to jeopardize its ownership rights, including the commencement of safeguard, liquidation, or receivership proceedings, seizure, or any other protective measure. In the event of the commencement of safeguard, liquidation, or receivership proceedings, the Customer undertakes to participate in the preparation of an inventory of the Products held in its stock for which the Seller claims ownership or payment and to effectively assist the Seller in the claim proceedings initiated with the competent authorities. In the event of seizure or any other protective measure against Products delivered by the Seller, the Customer shall raise all objections against the third party and take all necessary protective and enforcement measures.
All legal and judicial costs generated by the recovery of the Products subject to retention of title or their price shall be borne by the Client.
8.2 - Transfer of risks
The Products will be at the customer's expense, risk and peril from the moment they are handed over to the carrier or collected by the Customer.
In this scenario, the Seller will be deemed to have fulfilled its delivery obligation once it has handed the Products over to the carrier and the latter has accepted them without reservation, the Customer having no recourse under warranty against the Seller in the event of non-delivery or non-conformity of the Products upon delivery.
The Client shall therefore take out all necessary insurance contracts guaranteeing against the risks of loss, destruction or theft of the goods whose risks have been transferred.
Article 9 – WARRANTY
Any return of defective Products or Products with material, design, or manufacturing defects requires the Seller's prior written consent. Unless the Seller's liability is indisputably established or expressly acknowledged by the Seller, the costs and risks of return will be borne by the Customer. The Seller reserves the right to refuse the return if the Products are not in their original condition.
No returns of unsold products will be accepted.
Any defective Product may be repaired, replaced with an identical or equivalent product, or refunded, depending on the solution that the Seller or the manufacturers concerned deem most appropriate, except in the following cases:
- alteration or modification of the Products;
- abnormal or non-compliant use of the Products;
- defects and consequences related to use that is not in accordance with the intended purpose of the Products;
- defects and consequences related to any external cause;
- normal wear and tear of the Products;
- failure by the Customer to comply with the return procedure.
In the event of a dispute regarding the warranty coverage of a Product, the parties must make their best efforts to reach an amicable settlement of the situation.
In the absence of an amicable settlement and in the event of sufficiently serious non-performance by the Seller, the Customer may terminate the sale as of right and obtain, where appropriate, damages from the Seller in order to compensate for the harm suffered, the Customer waiving in advance the right to seek specific performance of Products by the Seller or a third party or a proportional reduction of the price, by express derogation from the provisions of Articles 1221, 1222 and 1223 of the Civil Code.
Article 10 – SITE AVAILABILITY
The Seller strives to ensure access to and proper functioning of the Site twenty-four hours a day, seven days a week.
The Seller cannot, however, exclude the possibility that access to and operation of the Site may be interrupted, particularly in cases of force majeure, malfunctions of equipment or the Clients' internet network, failure of telecommunications operators, interruption of electricity supply, abnormal, unlawful or fraudulent use of the Site by a Client or a third party, decision of the competent authorities, or for any other reason.
The Seller also reserves the right to make any modifications and improvements to the Site and Services that it deems necessary for technical development or proper functioning.
General and temporary interruptions of the Site will, where possible, be notified via the Site before they occur, except when such interruptions are of an emergency nature.
Article 11 - LIABILITY
The Seller shall not be liable if the non-performance of its obligations is attributable to the Customer, to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure within the meaning of Article 1218 of the Civil Code, including, but not limited to, unforeseeable events such as strikes, work stoppages, social unrest, factory closures, floods, fires, failure of production or transport not resulting from its own act, disruption of supply, wars, riots, insurrections and more generally any circumstance or event preventing the Seller from properly performing its obligations.
The Seller shall not be liable for any indirect or intangible damages or losses such as financial loss, loss of opportunity, loss of profit, loss of contract, loss of order, loss of customer, loss of business, commercial damage or disruption or damage to image, which may result from the delivery of non-conforming or defective Products or from the failure to deliver the Products.
The sale of Products and these General Terms and Conditions being in accordance with French law, the Seller cannot be held liable for non-compliance with the law of another country when the Customer places an order for Products from another country.
In any event and in all cases of return, if the Seller is found liable, it shall in no case exceed the purchase price of the goods paid by the Customer.
In accordance with the provisions of Article 2254 of the Civil Code, any legal action by a Client against the Seller is barred by the statute of limitations after a period of one (1) year following the date on which the Client concerned became aware or is presumed to have become aware of the harmful event.
Article 12 – RECORDING SYSTEMS
Computerized records, stored in the Seller's and its partners' computer systems under reasonable security conditions, will be considered proof of communications and actions between the Customers and the Seller. These records are archived on a reliable and durable medium to ensure a faithful and lasting copy as defined by applicable regulations.
Each Client acknowledges the evidentiary value of the Site's automated recording systems and declares that they waive the right to contest them in the event of a dispute.
Article 13 – PERSONAL DATA
For more information regarding the Seller's use of personal data, please carefully read the Privacy Policy (the " Policy "). You can consult this Policy at any time on the Website.
Article 14 – HYPERLINKS
The hyperlinks available on the Site may lead to third-party or partner websites. They are provided solely for the Client's convenience, to facilitate access to resources available on the Internet. If the Client uses these links, they will leave the Site and agree to use the third-party websites at their own risk or, where applicable, in accordance with the terms and conditions governing those websites.
In any event, the existence of a hyperlink to the Site from a third-party site or on the Site to a third-party or partner site shall not engage the Seller's liability in any way whatsoever and in particular with regard to the availability, content and products and/or services available on or from this third-party or partner site.
The Customer is not authorized to create on a third-party site one or more hyperlinks linking to the Site's home page or to his profile page, except with the prior written authorization of the Seller.
Article 15 – INTELLECTUAL PROPERTY
The Seller is the sole owner of all content present on the Site, including but not limited to all texts, files, animated or non-animated images, photographs, videos, logos, designs, models, software, trademarks, visual identity, databases, Site structure and all other intellectual property elements and other data or information which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Site Content may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, disseminated, displayed, stored, used, rented or exploited in any other way, whether free of charge or for a fee, by a Client or by a third party, regardless of the means and/or media used, whether known or unknown at this time, without the prior written authorization of the Seller, and the Client is solely responsible for any unauthorized use and/or exploitation.
Furthermore, any extraction, integration, compilation, or use for commercial purposes of information contained in the databases accessible on the Site, as well as any use of software, robots, data mining systems and other data collection tools is strictly prohibited for Clients.
The Seller grants to Customers, subject to their compliance with these General Terms and Conditions, a non-exclusive and non-transferable right to access the content on the Site which it fully owns, to download and print it for personal and non-commercial use.
The Seller may hold intellectual and/or industrial property rights relating to the Products sold to the Customer. If the Customer becomes aware of any infringement of the Seller's intellectual and/or industrial property rights, they must immediately inform the Seller in writing.
Article 16 – DURATION – SUSPENSION – TERMINATION
In the case of a one-off sale or in application of special conditions, these General Terms and Conditions shall apply for the duration of each sale of Products carried out between the Seller and a Customer or, where applicable, for the duration of the special conditions concluded with a Customer.
In the case of a sale involving successive deliveries, these General Terms and Conditions apply for an initial period of 12 months. Unless these General Terms and Conditions are terminated within 3 months prior to the end of this initial period, the sale of the Products and the General Terms and Conditions are tacitly renewed for a further period equivalent to the initial period indicated on the order form, at the pricing conditions in effect on the date of renewal.
The Seller reserves the right to suspend a Customer's access to the Site permanently or temporarily, in the event of a breach by said Customer of its obligations arising from these General Terms and Conditions.
Furthermore, the Seller or the Customer may terminate these General Terms and Conditions automatically and prematurely by sending written notification:
- in the event of the occurrence of a case of force majeure as referred to in Article 11;
- after notifying the other party in the event of a serious breach by the latter of its obligations or under applicable laws and regulations, which has not been remedied within fifteen (15) days (where it is possible to remedy this breach) following written notification indicating the nature of the breach and the need to remedy it.
Article 17 - CONFIDENTIALITY
During the term of this agreement, each party may access or receive confidential information, documents, and/or data concerning the other party. Therefore, each party undertakes, both on its own behalf and on behalf of its employees for whom it is responsible, to maintain the strict confidentiality of all confidential information, documents, and/or data of any kind relating to the results, business, or clientele of the other party, or any information received or obtained from a party within the framework of the established contractual relationship.
This confidentiality agreement between the parties is valid both for the duration of this agreement and for a period of two (2) years following its expiry or termination.
Article 18 - NOTIFICATIONS
Any written notice or summons required or permitted under the provisions hereof shall be validly effected if delivered by hand-delivered letter or by courier against delivery receipt, by registered mail with acknowledgement of receipt, or by email (except in the event of termination of this agreement), addressed to the contact details of the party concerned, each party electing domicile at its registered office.
Any change of contact details of one party for the purposes of this agreement must be notified to the other party in accordance with the procedures set out above.
Notifications delivered by hand or courier will be presumed to have been made on the date of delivery to the recipient, as evidenced by the delivery receipt. Notifications made by registered mail with return receipt requested will be presumed to have been made on the date of their first presentation at the recipient's address. Notifications made by email will be presumed to have been made on the date the email was sent.
Article 19 - AUTONOMY AND ABSENCE OF WAIVER
If any provision of these General Terms and Conditions is declared invalid or unenforceable for any reason whatsoever under any law, regulation or final court decision, it shall be deemed unwritten and the other provisions shall remain in effect.
The Seller's failure to invoke, temporarily or permanently, one or more provisions of the General Terms and Conditions shall not constitute a waiver of such provision.
Article 20 – AMENDMENT
The Seller reserves the right to modify the content or location of the Site and these General Terms and Conditions at any time and without notice.
Any use of the Site or order placed after a modification to the General Terms and Conditions will constitute acceptance of said modifications by each Customer. The most recent and current version of the General Terms and Conditions will always be available at the following address: https://green-spa.pro/pages/mentions-legales-cgv
When changes to the General Terms and Conditions are deemed substantial, they may be brought to the attention of Customers by email and must be accepted by them upon their next connection to the Site.
Article 21 - DISPUTES
Any disputes that may arise within the framework of the contractual relationship established between the Client and the Seller must be resolved amicably, as far as possible.
In the absence of an amicable settlement within one month of notification by one of the parties, all disputes arising from these General Terms and Conditions, concerning their validity, interpretation, performance, termination, consequences and subsequent effects, shall be submitted to the court of LYON.
Article 22 - APPLICABLE LAW & LANGUAGE OF THE CONTRACT
These General Terms and Conditions and the transactions arising therefrom are governed by and subject to French law. They are written in French. In the event of a translation into one or more foreign languages, only the French text shall prevail in the event of a dispute.