Terms of Sales

General terms and conditions of sale applicable to orders placed on the Online Commerce Site www.viseart.com by end consumers located in Europe.

Preliminary Article

The company "Viseart SAS" sells VISEART Cosmetic Products in Europe, America and Asia in particular (hereinafter referred to as "Products").

VISEART wanted to set up, alongside the network of stores in which the Products are sold, its own online sales site. VISEART sells the Products present on its Website to individuals and professionals.

Definitions

"Customer(s)" means the Internet user(s) browsing the Site and making an online purchase of Product(s) for personal use.
"General Terms and Conditions of Sale" or "GTC" means the present general terms and conditions of sale of Products on the Site.
“VISEART” designates VISEART, with a capital of €85,000 registered in the Paris Trade and Companies Register under number 830 523 445 and distributing Products of the VISEART brand whose registered office is 320 Rue Saint Honoré, 75001 Paris, France
“Part(s)” means alternatively or collectively VISEART and/or the Client(s).
"Products" means the cosmetic products of the VISEART brand offered for sale on the Site under the conditions of Article 3 below.
“Site” means the Viseart France e-commerce website accessi ble via the Internet at the address: www.viseart.paris offering the Products for sale.

Company Identity

Viseart
320 Rue Saint Honoré, 75001 Paris, France
RCS 830 523 445

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 sale of Products by VISEART to Customers, as well as the rights and obligations of the Parties arising from the online sale of Products offered on the Site. The General Conditions of Sale are made available to Customers on the Site.

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

By placing an order for a Product on the Site, the Customer acknowledges by ticking a box provided for this purpose that he has read the General Conditions of Sale in force on the day of the order and has accepted them without restriction, this acceptance n being in no way conditioned by a handwritten signature from the Client.

It is specified that the Customer may save or print these General Conditions of Sale, provided however that they do not modify them.

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

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

Products

Description of Products

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

VISEART takes the greatest care in presenting the Products on the Site in order 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 Site, are faithful to the original products, variations may occur; in particular because of the technical limitations of the color rendering of computer equipment. Consequently, VISEART cannot be held responsible for errors or inaccuracies in the photographs or graphic representations of the Products presented on the Site.

For any question relating to the purchase of the Products and their use, or request for advice, the buyer can contact the VISEART team via our online contact form or by telephone at 06 86 08 34 20.

Product Availability

The Products offered for sale by VISEART are those that appear on the Site, on the day the Customer consults the Site, 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 Site describing each Product or when placing the order.

If a Product ordered is no longer available when the order is dispatched, VISEART will notify the Customer as soon as possible by e-mail or telephone. The Customer will have the possibility:

- either to receive only available Products,

- or cancel the entire command.

In the absence of a response from the Customer within 3 days of contacting Customer Service, the order will be automatically sent with the available products only.

If the Customer's bank card has already been debited at the time of the cancellation, VISEART undertakes to reimburse the Customer as soon as possible for the amount of the order if the order is canceled in full, or for the amount of the unavailable products , minus applicable delivery charges, if any, on the bank card used to pay for the order.

Price

Product prices are firm. They are indicated in euros. The current rate is that indicated on the Site.

These prices take into account the VAT applicable on the day of the order but do not include the delivery costs 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 purchaser registers the order. The different shipping methods are provided for below in the General Terms and Conditions of Sale and may be modified at any time by VISEART.

The price invoiced to the Customer is the price indicated on the order confirmation, displayed on the Site during the order confirmation and sent by e-mail by VISEART.

VISEART reserves the right, which the Customer accepts, to modify its prices at any time, without any formality other than posting the modifications on the Site. However, these modifications will not affect the orders that VISEART has accepted before the entry into force of these modifications, subject to the availability of the Products ordered.

Ordering methods

Navigation inside the Site

The Customer can find out about the various Products offered for sale by VISEART on the Site. The Customer can browse freely on the different pages of the Site, without being bound by an order.

Terms / Order Registration

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

To place an order on the Site, the Customer must be of legal age, have legal capacity and hold a bank card

In order to place an order, the customer must create an account on the Site by completing a form, certain fields of which are mandatory for their order to be taken into account.

If the Customer wishes to place an order, he will choose the different Products in which he is interested, and will express this interest by clicking on the "Add to basket" button.

Final validation of the order

The Customer must tick the box opposite the message "I have read and I accept the general conditions" to definitively validate his order. Any order therefore implies acceptance of these General Conditions of Sale.

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

Before clicking on the "Pay" button, the Customer has the option of

• check the details of his order and its total price;
• go back to previous pages to correct any errors made in data entry or modify your 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 under the conditions provided for in the article "Refusal of order" of these General 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 validation of payment by the Customer and receipt by the Customer of the email confirming acceptance of the order by VISEART.

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

Command refused

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

• existing dispute with the Customer,
• total or partial non-payment of a previous order by the Customer,
• refusal to authorize payment by bank card from banking organisations.

Archiving and Proof of Contract

The Client accepts that exchanges between the Parties take place by e-mail.

The storage on VISEART's computer systems of the order, payment, confirmation of acceptance of the order and any exchange between the Parties will be considered as proof of the sales contract.

Retention of Title

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

Payment

Unless the server is unavailable, the customer will pay for his order after final validation of it on the Site, by Shopify Payments. It is possible to make payment by PayPal without creating an account. Payment will then be made directly by card (Visa, MasterCard, American Express, etc.).The Customer will enter his card number, its expiry date, the name of the cardholder and the visual cryptogram (the last three numbers on the back of his bank card)

The Site uses the Shopify Payments and PayPal order gateway, as such it has an online payment security system allowing the Customer to encrypt the transmission of his bank details.

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

Payments by check are not accepted.

The Customer guarantees VISEART that he has the necessary authorizations to use the method of payment chosen at the time of validation of the order. In the event of the bank's refusal, the order will be automatically canceled and the Customer notified by sending an e-mail.

Purchase invoices will be sent by e-mail to the e-mail address indicated by the Customer when registering/paying on the VISEART site.

Deliveries

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

The order will be shipped to the postal address provided by the Customer when placing the order.

You can check the status of your order on www.viseart.com, by logging into "My Account" using your username and password. Click on "My Orders", then click on "View" to see the order details.

Delivery times / Delivery costs

The delivery period begins to run as soon as the order confirmation email is sent. Count 2 to 5 days to receive your products in France, 2 to 5 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 www.viseart.com are shipped and delivered on working days (Monday to Friday, excluding public holidays) by Colissimo, Chronopost and Mondial Relais. Orders placed on Saturday and Sunday will be processed the following Monday.

Viseart delivery is free from 50€ of purchase. For orders under 50€ delivery charges apply.

International Delivery

Delivery address

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

Should always be excluded deliveries for which the delivery address entered on the Site will be:

• a hotel or other accommodation
• of a poste restante
• of a non-fixed address or domicile (i.e., and without this list being exhaustive, mobile homes, caravans, campsites, and other non-fixed domiciles) or in a collective place where an individual address cannot be clearly and permanently assigned to a natural or legal person

Delivery refused

VISEART reserves the right to refuse any delivery in the cases provided for in the article refusal of order.

Receipt of Products

Each delivery is considered to have been made as soon as the Customer or any third party designated by him takes physical possession of the Products, against signature of the delivery slip.

The customer must check the status and conformity of the order at the time of delivery, in the presence of the carrier.

In the event of damaged or missing items, the Customer must express his reservations in a precise and complete manner, both qualitative (condition of the goods) and quantitative, immediately with the carrier, on his delivery slip.

Then, these reservations must be sent to VISEART customer service by email, within 48 hours, to viseart@viseart.com.

Any complaint that does not respect the required form cannot be accepted.

Product lack of conformity

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

Article L217-4 of the Consumer Code, "The seller is required to deliver goods that comply 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, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility".

Article L211-5: "To comply with the contract, the goods must:

• Be suitable for the use usually expected of a similar good and, where applicable:
• Match the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
• Present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising and labeling;
• Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »

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

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

Right of withdrawal and return policy

In accordance with 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 Site, to notify VISEART of its desire to exercise its right of withdrawal.From the exercise of this right, the Customer has an additional period of fourteen (14) days to return, at his own expense, the Product(s) he has ordered if that ( these do not give him satisfaction, and to cancel his order

The products must be returned in their original packaging, unused and accompanied by a purchase 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 the original delivery costs.

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

Please send all returns to the following address:

VISEART Customer Service
2 rue Casimir Perier75007 Paris France

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

Return costs

In accordance with article L221-21-3 of the French Consumer Code, the costs of returning the Products are the responsibility of the Customer except in the event of lack of conformity of the Products delivered with respect to the order (in this case these return costs will be borne by VISEART).

Hidden Defects

All products sold by VISEART benefit from the legal guarantee against hidden defects provided for in articles 1641 of the Civil Code, "The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known of them. ” and 1648 of the Civil Code, “The action resulting from redhibitory 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 following the date on which the seller can be released from the apparent defects or lack of conformity. »

Under this guarantee, the customer has the choice of returning the product and being reimbursed for all costs incurred by the sale (delivery costs and return costs included) by VISEART or of keeping the product and have part of the price reimbursed by VISEART within thirty (30) days.

Disclaimer

Products modified or repaired by the Customer as well as Products damaged due to improper use will not be covered by the guarantees.

Responsibility

VISEART is only bound by an obligation of means. The Customer remains the sole judge of the appropriateness and adaptation to his needs and consumption of the items he orders.

VISEART cannot be held liable for use of the Products that does not comply with their intended purpose.

It is recalled that the Customer, prior to his order, declares to have full legal capacity, allowing him to commit under these General Conditions of Sale. VISEART cannot under any circumstances be required to verify the legal capacity of its visitors and buyers. Consequently, if a person without legal capacity ordered items on the Site, his legal representatives would assume full responsibility for this Order and should in particular honor the price.

VISEART does not guarantee that the Site will be available continuously, without temporary interruption, without suspension or without error. In particular, VISEART cannot be held responsible:

• interruptions or delays recorded on the Site due to technical breakdowns, a case of force majeure, due to third parties or any circumstances whatsoever, beyond its control;
• the impossibility of the Customer or temporary access to the Site, due to facts beyond his control, such as cases of computer failure, interruptions of the telephone network, the Internet network or failure of the equipment of reception of the client from the internet network

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

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

VISEART reserves the right to suspend operation of the Site.

Force majeure

VISEART cannot be held responsible for the total or partial non-execution of its obligations, if this non-execution is due to a fortuitous event or the occurrence of an element constituting force majeure as defined by case law. .

The affected party must inform the other party of this event within a maximum of 3 (three) working days from the start of the event by email viseart@viseart.com or by telephone on 06 86 08 34 20. The Parties agree that they must consult together as soon as possible to determine the terms of execution of the order for the duration of the case of force major.

Intellectual Property

The intellectual property rights attached to the Products sold on the Site are and remain the exclusive property of VISEART. All exploitation rights are exclusively reserved to him. Under these conditions, no one is authorized to reproduce, exploit, distribute or use in any capacity whatsoever, even partially, the intellectual property rights, without the prior written consent of VISEART. The brands and logos of VISEART are registered trademarks. Any reproduction therefore constitutes an infringement.

Entire Agreement

The General Conditions of Sale, the general conditions of use, the order summary sent to the Customer, and the e-mail confirming acceptance of the order by VISEART form a contractual whole and constitute the entire contractual relations 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 the contractual documents available in such a way as to allow them to be stored and reproduced by the Customer in accordance with article 1369-4 of the Civil Code.

Applicable Law – Disputes

These General Terms and Conditions of Sale and the contractual relationship 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 settlement, the jurisdiction of the court of the place of residence of the defendant or that of the place of actual delivery of the Product.

No waiver

The fact for one of the Parties not to avail itself to the other Party of a breach of any of its obligations referred to in these General Conditions of Sale, cannot be interpreted for the future as a waiver of the obligation in question

.