Article 1 – LEGAL INFORMATION

This website, accessible at https://green-spa.pro  (the “ Site”), is published by:

MGHA, SAS with a share capital of 50,000 euros, registered with the RCS of LYON under number B 895 398 154, whose registered office is located at 254 Rue Vendôme 69003 LYON, represented by the duly authorized SASU RESILIENCE,

(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 Managing Editor is Geoffrey Tessier

The Seller's Customer Service can be contacted:  by email at bonjour@green-spa.pro

Article 2 – SCOPE

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 set out, in particular, the terms of purchase, payment, and delivery of the Products ordered by the Customer. The Customer may refer to the description of each Product on the Site to find out its characteristics. 

Placing an order for Products on the Site constitutes the Customer's 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 may also be provided to them upon request by any means.

The General Terms and Conditions apply notwithstanding any contrary provision in any document issued by the Customer, and in particular in their general terms and conditions of purchase.

The General Terms and Conditions apply subject to any contrary provision in the purchase order or in any special conditions, if any, concluded between the Seller and the Customer concerned.

Article 2 – PRODUCTS AND AVAILABILITY

The price and essential characteristics of each Product are described in a technical data sheet on the Site, published by the Seller or its suppliers, as applicable. This technical data sheet may contain descriptions, photographs, and graphics provided for illustrative purposes only, which may be modified/updated on the Site by the Seller.

The Seller, MGHA, reserves the right to deliver the product in packaging different from that shown in the photo, depending on our suppliers' supplies.

The Products offered comply with French legislation and the 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, subject to the Seller's and its suppliers' available stock, except in the case of special promotions whose validity period is specified on the Site.

The Seller's presentation of Products on the Site does not constitute an obligation to market them, particularly in the event of a stockout, unavailability of the Products, or inability to market the Products for any reason.

Information on Product availability is provided to the Customer at the time of placing an order for purely indicative purposes (subject to any stock error, simultaneous order, or product deterioration).

If one or more Product(s) is/are unavailable following the placement of an order, the Seller will inform the Customer in writing of the expected wait time for the temporarily unavailable product. In this event:

-       the Seller may, with the Customer's agreement, offer an identical product at the same price as the one originally ordered;

-       the Customer may choose to wait for the missing Product(s) to become available in order to receive their entire order in a single shipment;

-       the Customer may cancel the entire order; or

-       the Customer may cancel the order for the unavailable Product(s) and receive the other Products in the order.

Article 3 – TERMS OF REGISTRATION 

Any Customer wishing to fully benefit from the Site and purchase Products must: 

-       have full legal capacity and act strictly for professional purposes within the beauty sector. 

-       create their personal account on the Site by completing the various fields of the account creation form (company name, VAT number, name/surname of the contact person, email address, telephone number, etc.);

-       confirm their acceptance of the General Terms and Conditions;

-       confirm their registration.

The Site can be accessed from a computer, smartphone, or tablet by logging in.

Use of the Site requires a high-speed internet connection and, where applicable, a mobile internet connection.

Customers are responsible for setting up the computer and telecommunications equipment required to access the Site.

The Services are accessible from only one connection at a time.

When creating an account with an email address, the Customer is asked to choose a password, which guarantees the confidentiality of the information contained in their account.

To validate the registration, the Seller sends 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 Customer guarantees the truthfulness and accuracy of the information provided for registration purposes, undertakes to notify the Seller of any subsequent changes, and guarantees that the information does not infringe on the rights of third parties.

The Customer may change this information, their login details, and their password from their account on the Site.

The Customer undertakes not to disclose or transfer their account, login details, and passwords and is solely responsible for their use until they are deactivated. 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 their Customer account;

-       select the Products they wish to purchase in their Product cart;

-       complete the various fields of the Customer purchase order, specifying the delivery address if it is different from the billing address.

-       confirm their acceptance of the General Terms and Conditions;

-       confirm their acceptance of the Product order;

-       choose their payment method;

-       pay for the Products.

Unless expressly stated on the Site, the Customer may not modify their order after validating it, which will be firm and final.

Upon receipt of payment for the Products included in the order, the Seller will send the Customer an order confirmation email to the email address provided by them.

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 indicate the Customer's order tracking number.

By placing an order on the Site, the Customer expressly agrees that the Seller may send them an electronic invoice. However, they may obtain a paper invoice by contacting Customer Service.

To combat fraud, the Seller or its payment or delivery service providers may ask the Customer for additional supporting documents or contact them at the time of order acceptance and/or shipment. If the Customer refuses without justification to provide the requested information and/or supporting documents, the Seller reserves the right not to accept or to cancel the order without this being subject to any challenge.

The Seller also reserves the right not to accept or to 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 places an abnormally high order.

Article 5 – PRICING CONDITIONS 

Products are marketed at the Seller's current price listed on the Site on the day of the order, expressed in euros excluding taxes and fees.

Prices are firm and cannot be revised during their validity period, the parties expressly waiving the right to rely on the provisions of Article 1195 of the French Civil Code.

Any transport, delivery, order processing fees (shipping, packaging, parcel preparation, optional services subscribed by the Customer), and other fees, interest, and commissions are indicated in the order summary and are calculated based on the delivery location and method selected by the Customer, as well as the type of Product and/or the quantity of Products ordered by the Customer.

Any special request by the Customer made after the order that incurs additional costs (packaging, transport, etc.) will be subject to an additional charge to the Customer.

If the Products are not received by the Customer and must be re-shipped, additional processing, shipping, transport, and delivery fees may be charged to the Customer under the same conditions as those provided at the time of the order.

The Seller reserves the right to change its prices at any time for any Products ordered after such a change.

Any price reductions, rebates, and discounts may apply to Products under the conditions provided on the Seller's Site or in any other document provided to the Customer. In the case of a promotional price, the Seller undertakes to apply this price to any order placed during the promotional period.

Any price change resulting from an increase in value added tax or the creation of any new tax based on the price of Products will be applied immediately and automatically.

Article 6 – INVOICING AND PAYMENT CONDITIONS 

6.1 – INVOICING

In the case of specific services:

Products are invoiced and the price is due in full and payable in one or more installments within 30 days at the end of the month following the invoice issuance date.

In the case of services performed successively:

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 Customer, no discount will be applied. Payments may not be suspended or be subject to any set-off without prior written agreement between the Seller and the Customer. Any suspension, deduction, or set-off carried out unilaterally by the Customer will be treated as a payment default and will entail all the consequences of late payment.

It is expressly agreed that the Customer is validly placed in default of payment by the mere enforceability of the obligation, 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, without any compensation being due to the Customer, to:

-       demand immediate payment of all sums owed for the Products, which will become immediately due regardless of their originally scheduled due date;

-       refuse any new order or require immediate payment or a guarantee for the proper performance of commitments for any new order;

-       apply any partial payment first to the non-privileged part of the debt and then to the sums with the earliest due date;

-       reduce, suspend, or cancel pending Product orders, 7 days after a formal notice remains unanswered, issued by the Seller to the Customer;

-       apply, without prior formal 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

-       demand payment of a fixed penalty of €40 for collection costs for each invoice paid late, and payment of a penalty equal to 10% of the sums still owed for Product Sales, without prejudice to the recovery of any actual damages suffered.

The Seller may proceed with a set-off payment, by operation of law and without formalities, of all sums it may owe, with the Customer's debts to it, whether or not the conditions for 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 Product price under the conditions set out above.

Orders may be paid using one of the following payment methods:

●           Payment by credit card. Payment is made directly on the secure banking servers of the Seller's bank; the Customer's banking details do not pass through the Site. The banking details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. Credit cards issued by banks domiciled outside 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 to appeal to the AFEPAME consumer mediator.

●       Payment in installments by credit card:

The Customer may pay their order by credit card in 2, 3, or 4 interest-free installments, for any amount up to €4,000 including VAT. They may also choose payment in 10 installments with fees, up to €4,000 including VAT. This solution is offered through our secure payment provider, subject to eligibility. The details of the installments and applicable fees are specified at the time of choosing this payment method.

●           Payment by direct debit. The Customer may pay for their order by bank direct debit. When placing the order, the buyer will provide the account details to be debited. Automatic direct debit at 30 days end of month is free for orders of €300 excl. VAT or more. Otherwise, a €10 excl. VAT management fee will be charged. Please allow an additional 72 hours for shipping to allow for a credit check. If your direct debit is rejected, a bank charge of €15 excl. VAT will be charged.

6.3 – RETURNS POLICY 

Timeframe & principle

The Customer has a 14-day period from the invoice date to exchange or return a Product.

The return costs as well as restocking costs are borne by the Customer.

Product condition

Any returned Product must be intact, complete, and returned in its original packaging, with all its accessories and the user manual, where applicable.

Exclusions for hygiene reasons

For hygiene and safety reasons, cosmetic products (notably products with seals, shrink-wrap, or that have been opened) are not eligible for return under this policy.

Return procedure

Before sending anything back, the Customer must:

1. Notify the Seller via customer service (the website's messaging system).

2. Obtain a return form (RMA) issued by the Seller.

3. Place the return form inside the package, and write the order reference on the package, so that the return can be identified by the logistics warehouse.

4. 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, so any return without a return form or incompletely identified may be delayed or not processed.

Specific conditions – Blouses

• Returns of blouses are borne by the Customer.

• The blouse must be returned in its original pouch, carefully folded, and bear the original barcode, so that it can be put back on sale directly.

• The preliminary procedure described above (prior notification + return form placed in the package) is mandatory.

• Return management fees charged by our logistics provider to the customer: €30 excl. VAT

Return due to Customer ordering error

In the event of a return due to an ordering error attributable to the Customer, a 30% reduction will be applied to the value of the returned Product. A credit note will be issued and the corresponding refund will be made within 5 business days of the Seller's validation of the return.

Products missing upon receipt

If items or accessories are missing upon receipt, the Customer must contact after-sales service via the website's messaging system within 48 hours of delivery. Beyond this timeframe, no claim can be accepted by the Seller or its carrier.

Processing of returns & compensation limit

Except in cases of the Seller's exclusive and indisputable liability, return costs and risks remain borne by 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 cannot exceed the purchase price of the goods paid for 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 actually paid the amount referred to in Article 6.1 above.

Products may be delivered to the following geographical areas: mainland France, the EU, and outside the EU.

Upon confirmation of the order and payment by the Customer, the Products will be shipped according to the method, address, and delivery timeframe stated in the order summary with the corresponding invoice.

The Customer undertakes to do everything possible to ensure the proper receipt of the Products on the day of delivery. 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) necessitating a redelivery, the associated costs will be charged to the Customer.

With the Seller's prior agreement, the Customer may arrange for the collection of the ordered Products from the location specified 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, noting that cross-border deliveries may, where applicable, be subject to an opening and inspection procedure by customs authorities.

7.2 Delivery compliance

The Customer must check the quantity and condition of the Products at the time of delivery.

The Seller will be required to take back the Products in the event of delivery of non-compliant or damaged Products. The customer has 14 days to make a claim. After this period, the Seller can no longer be held responsible.

The Customer must have any apparent defects, missing products, or damage noted in writing and jointly with the carrier, by making clear, precise, and complete reservations on the delivery note. The Customer must confirm their claim to the Seller and the carrier by registered letter with acknowledgment of receipt within 14 days of the delivery of the goods.

The Seller will validate the return request and send the Customer a return form by email to be included with the shipment of the Products.

The Customer must reship the non-compliant Product to the Seller as soon as possible.

Unless the Seller's exclusive liability is indisputably established or expressly acknowledged by the Seller, return costs and risks will be borne by the Customer. The Seller reserves the right to refuse the return if the Products are not in their original condition.

If the Customer fails to follow the above procedure, the Customer will be presumed to have waived any action against the Seller and/or the carrier and to have received the goods in compliance and in good condition. The Seller will consequently accept no claim, return, or request for a credit note from the Customer.

7.3 - Delivery method characteristics 

Generally, orders are delivered to the delivery address provided by the Buyer. Deliveries are carried out either by La Poste (Colissimo) or by a carrier (DPD, Schenker, Khuene), depending on the volume of the order and the chosen delivery timeframe.

Upon delivery, the Buyer or the recipient of the order electronically signs an acknowledgment of receipt or signs a transport document provided by the company appointed by Green Spa. This constitutes valid proof of delivery of the products ordered by the Buyer or the recipient of the order.

In the event of absence, the Buyer or the recipient of the order has two options:

1. Receive a delivery attempt notice, allowing them to contact the carrier to arrange a new delivery date.
2. Be contacted by the carrier to arrange a new delivery date.

If the package is not collected within 10 business days of receipt of the delivery attempt notice, it will be returned to Green Spa and the Buyer will be refunded the amount of their order, less delivery costs and restocking fees, according to Green Spa's chosen refund method.

No dispute regarding the delivery itself is possible if the package is marked as delivered, with the tracking system (scanning) or the delivery note signed by the carrier serving as proof.

7.4 - Delivery Conditions

In mainland France:

• Free delivery from €200 excl. VAT in orders.

• For any order between €100 excl. VAT and €199.99 excl. VAT:

   

  • Home delivery: €8.90 excl. VAT

  • Pickup point delivery: €4.90 excl. VAT

   

• For any order under €100 excl. VAT:

   

  • Home delivery: €13.00 excl. VAT

  • Pickup point delivery: €9.50 excl. VAT. 

  • For the EU, the free shipping threshold remains set at €250 excl. VAT.

Additional shipping costs apply in the following cases, regardless of whether the order amount reaches €150 excl. VAT:

• for any delivery to Corsica: + €24 incl. VAT (€20.00 excl. VAT). A separate adjustment invoice will be sent to you.

7.5 - Delivery Timeframes

Delivery timeframes are given as estimates and may vary depending on product availability. Any delay of less than 60 days does not justify the cancellation of the order, the refusal of the goods or payment, or a claim for damages.  In the event of a delay of more than 60 days, the Customer will, however, be entitled to request the rescission of the sale, and the advances already paid will be refunded by the Seller.

Delivery timeframes in mainland France are generally 24 to 72 hours, depending on the delivery department. For Corsica, allow an additional 1 to 2 business days.

Delivery timeframes begin upon shipment of the package. Please note that our activity dedicated to beauty professionals may result in slightly longer timeframes, 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 by phone, 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 awarded, but we will refund the full amount paid for the order, according to your choice, within 14 days of your request.

7.6 - Anomaly, damage, damaged package

• Article 8 – OWNERSHIP AND RISK 

8.1 - Retention of title

Notwithstanding the provisions of Article 1583 of the Civil Code, it is expressly agreed with the Customer that the transfer of ownership of the delivered Products is suspended until full and effective payment of the principal price, interest, taxes, and all ancillary costs. The delivery of promissory notes, bank checks, or any other instrument creating an obligation to pay does not constitute effective payment in this regard.

Acceptance of deliveries or documents relating to these deliveries constitutes acceptance of this clause.

In the event of non-payment of the price by the agreed deadline, the Seller expressly reserves the right to consider the sale rescinded and to claim the Products after a formal notice sent by registered letter or a bailiff's summons has remained without effect for 7 days from their presentation.

As long as the Products do not belong to the Customer, they are prohibited from disposing of them, in particular from pledging them, exchanging them, or transferring ownership of them as security. However, as a matter of tolerance and solely for the purposes of their business, the Seller authorizes the Customer to resell the Products. The Customer therefore undertakes to inform their customers and professional resellers of the existence of the retention of title clause affecting the Products and of the Seller's right to claim, in their possession, either the Products in question or the price.

The Customer also undertakes, in return, to identify the Products subject to retention of title not only at the end of the financial year but on an ongoing basis, by any means of their choice. The Customer must include the Products subject to retention of title in the assets of their balance sheet. Products awaiting sale are presumed to be unpaid up to the amount of the Seller's claim according to the "first in, first out" (FIFO) rule, i.e. that any payment by the Customer will be applied to the oldest Products and that the Products from the latest delivery will always be considered as subject to retention of title.

Notwithstanding the fact that the Customer will only acquire ownership of the Products upon effective payment, the transfer of risk of the Products to the Customer will occur under the conditions set out below. The Customer therefore undertakes to take all necessary care in the custody and preservation of the said goods.

The Customer shall immediately notify the Seller by any means ensuring perfect communication of any event likely to compromise their ownership rights, in particular the opening of safeguard, liquidation, or reorganization proceedings, seizure, or any other conservatory measure. In the event of the opening of safeguard, liquidation, or reorganization proceedings, the Customer undertakes to participate in the establishment of an inventory of the Products held in their stocks and for which the Seller claims ownership or payment, and to effectively assist the Seller in the claim procedure initiated with the competent authorities. In the event of seizure or any other conservatory measure affecting the Products delivered by the Seller, the Customer shall raise no objection to the third party and shall take all conservatory and enforcement measures.

All legal and judicial costs incurred in recovering the Products subject to retention of title or their price shall be borne by the Customer.

8.2 - Transfer of risk

The Products shall be at the Customer's charge, risk, and peril from the time they are handed over to the carrier or collected by the Customer.

In this case, the Seller shall be deemed to have fulfilled its delivery obligation once it has handed over the Products to the carrier and the latter has accepted them without reservation, the Customer having no recourse against the Seller in the event of non-delivery or non-conformity of the Products at the time of delivery.

The Customer shall therefore take out all necessary insurance contracts to cover the risks of loss, destruction, or theft of the goods for which the 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 agreement. Unless the Seller's liability is indisputably established or expressly acknowledged by the Seller, the costs and risks of return shall be borne by the Customer. The Seller reserves the right to refuse the return if the Products are not in their original condition.

No return of Products due to unsold stock will be accepted.

Any defective Product may be subject to repair, replacement with an identical or equivalent product, or refund, depending on the solution that the Seller or the relevant manufacturers deem most appropriate, except in the event of: 

-       alteration or modification of the Products;

-       abnormal or non-compliant use of the Products;

-       defects and consequences related to use not in accordance with the purpose for which the Products are intended;

-       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 over the acceptance of a Product under warranty, the parties shall do their best to reach an amicable settlement.

In the absence of an amicable settlement and in the event of a sufficiently serious breach by the Seller, the Customer may terminate the sale by right and may, if applicable, obtain damages from the Seller to remedy the harm suffered, the Customer hereby waiving the right to seek specific performance of the Products by the Seller or a third party or a proportional reduction in price, by express derogation from the provisions of Articles 1221, 1222, and 1223 of the Civil Code. 

Article 10 – WEBSITE AVAILABILITY

The Seller shall endeavor to ensure access to and proper functioning of the Website twenty-four hours a day, seven days a week.

The Seller cannot, however, exclude that access to and functioning of the Website may be interrupted, in particular in the event of force majeure, malfunctions of the equipment or the Customers' internet network, failure of telecommunications operators, interruption of electricity supply, abnormal, unlawful, or fraudulent use of the Website by a Customer or a third party, a decision by the competent authorities, or for any other reason.

The Seller also reserves the right to make any modifications and improvements to the Website and the Services that it deems appropriate related to technical developments or proper functioning.

General and temporary interruptions of the Website will, as far as possible, be notified via the Website before they occur, except when such interruptions are urgent.

Article 11 - LIABILITY

The Seller shall not be liable if the non-performance of its obligations is attributable to the Customer, to an unforeseeable and insurmountable act of a third party to the contract, or to an event 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, civil unrest, factory closures, floods, fires, production or transport failures not resulting from its own act, supply disruptions, 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 consequential damages or losses, such as financial loss, loss of opportunity, loss of profit, loss of contract, loss of order, loss of customers, business interruption, commercial loss, or damage to reputation, which may result from the delivery of non-conforming or defective Products or the failure to deliver the Products.

As the sale of Products and these General Terms and Conditions comply with French law, the Seller shall not be liable for non-compliance with the laws of another country when the Customer places an order for a Product from another country. 

In any event and in all cases of return, if the Seller's liability is established, 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 Customer against the Seller shall be barred by prescription upon the expiration of a period of one (1) year from the date on which the Customer concerned became aware or is presumed to have become aware of the damaging event.

Article 12 – RECORDING SYSTEMS

Computerized records, stored in the computer systems of the Seller and its partners under reasonable security conditions, shall be considered evidence of the communications and actions of the Customers and the Seller. These elements are archived on reliable and durable media so as to correspond to a faithful and durable copy within the meaning of the applicable regulations.

Each Customer acknowledges the evidentiary value of the Website'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 may consult this Policy on the Website at any time.

Article 14 – HYPERLINKS

The hyperlinks available on the Website may link to third-party or partner websites. They are provided solely for the Customer's convenience, to facilitate the use of resources available on the Internet. If the Customer uses these links, they will leave the Website and will then agree to use the third-party websites at their own risk or, if applicable, in accordance with the terms governing them.

In any event, the existence of a hyperlink to the Website from a third-party website, or on the Website to a third-party or partner website, shall not in any way involve the Seller's liability, particularly with regard to the availability, content, and products and/or services available on or from such third-party or partner website.

The Customer is not authorized to create one or more hyperlinks on a third-party website linking to the Website's home page or to their profile page, except with the Seller's prior written authorization. 

Article 15 – INTELLECTUAL PROPERTY 

The Seller is the sole owner of all content on the Website, including, without limitation, all text, files, animated or non-animated images, photographs, videos, logos, designs, models, software, trademarks, visual identity, databases, Website structure, and all other elements of intellectual property and other data or information protected by French and international laws and regulations relating, in particular, to intellectual property.

Consequently, none of the Website's Content may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented, or otherwise exploited, whether free of charge or for consideration, by a Customer or a third party, regardless of the means and/or media used, whether currently known or unknown, without the Seller's prior written authorization, and the Customer 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 Website, as well as any use of software, robots, data mining systems, and other data collection tools, is strictly prohibited for Customers. 

The Seller nevertheless grants Customers, subject to their compliance with these General Terms and Conditions, a non-exclusive, non-transferable right to access the content on the Website of which it holds full ownership, to download and print it for personal, non-commercial use.  

The Seller may hold intellectual property and/or industrial property rights concerning the Products sold to the Customer. If the Customer becomes aware of any infringement of the Seller's intellectual property and/or industrial property rights, they must immediately inform the Seller in writing.

Article 16 – DURATION – SUSPENSION - TERMINATION

In the event of a one-off sale or the application of special conditions, these General Terms and Conditions shall apply for the duration of each Product sale operation carried out between the Seller and a Customer or, if applicable, for the duration of the special conditions concluded with a Customer. 

In the event of a sale with successive performance, these General Terms and Conditions shall apply for an initial period of 12 months. Unless these General Terms and Conditions are terminated within a period of 3 months preceding the end of this initial period, the sale of the Products and the General Terms and Conditions shall be tacitly renewed for a new period of a duration equivalent to the initial duration stated on the purchase order, according to the pricing conditions in effect on the date of renewal.

The Seller reserves the right to permanently or temporarily suspend a Customer's access to the Website in the event of the Customer's failure to comply with its obligations under these General Terms and Conditions. 

Furthermore, the Seller or the Customer may terminate the General Terms and Conditions by right in advance by sending a written notice:

-       in the event of an occurrence 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 (when such breach can be remedied) following written notice indicating the nature of the breach and the need to remedy it.

Article 17 - CONFIDENTIALITY

During the term hereof, each party may access or receive confidential information, documents, and/or data regarding the other party. Therefore, each party undertakes, both in its own name and on behalf of its employees for whom it is liable, to maintain the strict confidentiality of all confidential information, documents, and/or data of any nature relating to the results, activity, or customer base of the other party, or any information received or obtained from a party within the framework of the established contractual relations.  

This confidentiality undertaking of the parties is valid both during the term hereof and for a period of two (2) years following its expiration or termination. 

Article 18 - NOTIFICATIONS 

Any written notice or summons required or permitted under the provisions hereof shall be validly made if it is sent by hand delivery or by courier against receipt of delivery, by registered mail with acknowledgment of receipt, or by email (except in the event of termination hereof), addressed to the contact details of the concerned party, each party electing domicile at its registered office. 

Any change in a party's contact details for the purposes hereof must be notified to the other party according to the procedures set out above. 

Notices delivered in person or by courier shall be presumed to have been made on the date of their delivery to the recipient, as evidenced by the delivery receipt. Notices sent by registered mail with acknowledgment of receipt shall be presumed to have been made on the date of their first presentation at the recipient's address. Notices sent by email shall be presumed to have been made on the date the email was sent.

Article 19 - AUTONOMY AND WAIVER 

If any provision of these General Terms and Conditions is declared null or unenforceable for any reason under any law or regulation, or as a result of a final judicial decision, it shall be deemed not to have been included and the remaining provisions shall continue in full force and effect.

The Seller’s failure or delay in exercising any provision of the General Terms and Conditions shall not constitute a waiver.

Article 20 – AMENDMENTS

The Seller reserves the right to change the content or location of the Website and these General Terms and Conditions at any time without notice.

Any use of the Website or any order placed after changes have been made to the General Terms and Conditions shall constitute acceptance by each Customer of those changes. The most recent version of the General Terms and Conditions currently in force will always be available at the following address: https://green-spa.pro/pages/mentions-legales-cgv 

Where changes to the General Terms and Conditions are considered by us to be substantial, Customers will be notified of those changes by email and must accept them the next time they log in to the Website.

Article 21 - DISPUTES           

Any disputes arising out of or in connection with the contractual relationship between the Customer and the Seller shall, as far as possible, be resolved amicably.

If an amicable settlement is not reached within one month of one of the parties initiating such settlement proceedings, any disputes arising out of or in connection with the General Terms and Conditions, whether relating to their validity, interpretation, performance, termination, effects or consequences, shall be subject to the jurisdiction of the court of LYON.

Article 22 - GOVERNING LAW & LANGUAGE OF THE CONTRACT

These General Terms and Conditions and the transactions arising from them are governed by and subject to French law. They are written in French. In the event of translation into one or more foreign languages, only the French text shall prevail in the event of a dispute.