Table of contents

 

Welcome to www.zestedcosmetic.com

TERMS OF SALES

En vigueur à compter du 01/10/2021

Article 1 :Fields of application

The present general conditions of sale below (hereinafter the "GTC" or "General Conditions of Sale"), are intended to govern all contractual relations between the company ZEDMConsulting (Info on the company Address - RCS number and VAT number), owner of the Zested cosmetic brand) and customers (hereinafter the Purchaser).

These T&Cs apply, without restriction or reservation, to all sales of all products offered on the Zested site at the address www.zestedcosmetic.com (hereinafter referred to as the Site) and are intended to:

- to specify the terms and conditions of online sales and delivery of products ordered on the Site,

- inform the Buyer of his rights and obligations in connection with the online sale of these products.

We invite you to carefully read these T&Cs as well as the Terms of Use of the Site (link) and the General Policy for the Protection of Personal Data (link) which govern navigation on this Site as well as our relations if you order Products and services on this Site.

Any order of Products through the Site by the Buyer implies its unreserved acceptance of the GCS. To this end, the Buyer confirms that he accepts all of the T&Cs and has read them when the latter ticks the box inviting him to confirm the T&Cs in force at the time of placing the order. And he will have the opportunity to read it before finalizing his purchase, by following the link that will be made available to him.

Article 2 : Conditions of purchase

In the context of these T&Cs, it is agreed that “You” or the “Buyer” designates the person browsing and/or ordering the Products on the Site; "We" or the "Seller" means the company identified in the legal notices (link). Buyer and Seller will be identified together as the “Parties” and individually as the “Party”.

The Products and services that We offer on the Site are reserved for persons (i) of legal age (or minors holding authorization from their legal representative allowing them to place an order on the Site) and (ii) with full capacity legal to place orders on the Site. We reserve the right at any time to ask you for proof of identity attesting to your identity, age and/or the authorization of the aforementioned legal representative. The total amount of purchases cannot exceed 3000 euros including tax per order.

We reserve the right not to respond to an order and/or to exclude from our customer/prospect database, a Buyer who does not comply with this clause. We reserve the right to restrict the quantities purchased on the Site per order and per person.

It is specified that the Products are intended for the personal use of the Buyer, any resale without our consent is liable to legal action. If the Buyer is a company, an institution or a social and economic committee with consumer status, he must sign the "sale contract of a legal person with consumer status" and undertakes to enforce any restriction quantitative.

Article 3 : Products

The products (products, services, accessories or any item, etc.) offered for sale on the Site, the accessory services that may be attached to them (the “Products”) are those which appear on the Site, on the day of consultation of the Site. by the Buyer. Products means any item, service or accessory sold on the Site by Zested on its behalf and under the Zested brand name. In case of unavailability of a Product, we will not give You the possibility of ordering it.

In case of unavailability after validation of your order, we will inform you before delivery, by e-mail. You then have 48 (forty-eight) working hours (excluding weekends and public holidays) from receipt of the information email to confirm one of the two options available to you.

Either modification and sending of the order partially pending receipt of the missing goods.

Either the cancellation of the entire order. In this case, You will be reimbursed within a maximum period of fourteen (14) days from the date of receipt of Your request, depending on the method of payment You used.

After this period of 48 (forty-eight) hours, and if no request from the Buyer has been sent to the Seller via the procedure specified by the Seller, the partial order is sent to the Buyer and delivered to him. at the standard delivery rate indicated when ordering. The portion of the price corresponding to the unavailable Products is then refunded to the buyer within a maximum period of fourteen (14) days from the notification of non-availability sent to the buyer according to the method of payment used by the Buyer.

You have the opportunity to give your opinion and recommend each Product. You can also consult the opinions and recommendations of other Internet users. The stars appearing on the Site next to the Products represent the average of the ratings, at a given moment, left by the people who have expressed themselves on our Site about this Product. They are therefore subject to change on a daily basis.

Article 4 : Price

The prices of the Products are closed and expressed in euros, all taxes included (at the rate of VAT applicable on the day of the order). They are subject to change at any time and without notice. The order is invoiced to the buyer on the basis of the prices in force on the Site at the time of its final validation.

The prices do not take into account any additional costs related to the shipment of the Products, which are, where applicable, invoiced in addition to the buyer and indicated before the final validation of the order.

The price of Products shipped outside the European Union and DOM-TOM will be calculated excluding tax on the invoice. In this case the Buyer is considered as the importer of the Products. In the event of payment of customs duties, import or other taxes, applicable due to the geographical destination of the Products, these costs are the responsibility of the Buyer, who is recommended to carry out the necessary checks and procedures beforehand. to the validation of his order.

Article 5 : Order (registration and validation) )

1. Modalités de la commande

To enter an order, the Buyer must first access the Site via the address www.zesedcosmetic.com . During his navigation he can add the Products he wishes to order to his Basket. He then has access to the contents of his basket including all the Products he has added. In all cases, the buyer must proceed to his identification to finalize his order.

The identification of the buyer can be carried out directly after the selection of the Products or via his zested customer account (hereinafter called the "Account") at any time before or after the selection of the products.

Upon identification, the Purchaser undertakes to provide reliable and accurate information, enabling Zested to perform all of its contractual obligations. Zested cannot be held liable in the event that the information provided by the Purchaser turns out to be totally or partially false and/or incomplete. To this end, we provide the Buyer with two means to identify him, namely:

-  via l’accès à son compte en renseignant son identifiant (adresse de courriel, mot de passe). Il doit donc être inscrit sur www.zestedcosmetic.com.

- via access to his account by entering his identifier (e-mail address, password). It must therefore be registered on www.zestedcosmetic.com.

via the personal data collection form by filling in the mandatory fields, in particular Surname, First name, Email address, Delivery and billing postal address (if different from the delivery address).

The Buyer undertakes to complete the form made available to him in good faith. The Buyer acknowledges that the data it communicates to the Seller and which is stored in the information systems of the Seller and/or its subcontractors is accurate and serves as proof of its identity. It is recalled that this personal data is governed by the Personal Data Policy accessible here (link).

After the Buyer has placed the products he wishes to order in the basket and has entered his identification data, a summary of the order is then presented to the Buyer, allowing him to check the details of his order and to correct any errors, or even cancel it.

Before proceeding to the payment of the order, the Buyer must, first of all, take note of these GCS, then in a second time, confirm his agreement on all the GCS by implementing an action of confirmation of acceptance required on the Site (by checking a box).

As soon as the Buyer confirms his acceptance of the GCS, an Internet page dedicated to the payment of the order opens. The Buyer must then proceed to the payment of his order under the conditions described in these GCS.

It is specified that by choosing immediate payment by credit card, as provided for in Article 4 below, the Buyer will then be automatically switched to the electronic payment server of the payment provider. The payment provider's server, like the Site, is secured by SSL encryption. (Secure Socket Layer) so as to protect as effectively as possible all data related to the means of payment, and that at no time will the Buyer's bank details pass through the Seller's computer system. Its liability is therefore released.

The data recorded by the Seller constitutes proof of all transactions between the Seller and the Buyer.

Triple DES payment or not

1. Order confirmation

Only confirmation of payment definitively validates the order and contractually commits the Seller to the Buyer.

Once the order has been confirmed, a printable and recordable summary of the Buyer's order is displayed and mentions in particular the order references.

An order confirmation email is also sent by the Seller to the email address provided by the Buyer and includes the following information:

• The identity of the Seller as well as his contact details,
• The summary of the order and the essential characteristics of the products, as well as the amount Delivery times, costs and possible restrictions ,

The Buyer is requested to check his unwanted emails (SPAMS) if he does not receive the confirmation in his main box. It could be that delays in sending are caused by the Seller's messaging service provider, in which case the confirmation of the request remains accessible on the Seller's Site.

The Seller retains ownership of the Product(s) ordered until full payment of the price and its accessories, including shipping costs, by the Seller. In the event of a payment incident, the Buyer undertakes to return the products received to the Seller, on the first request.

In order to protect the Seller from abusive practices operated by fraudsters, and in the event that the Seller or the online payment service provider suspects the fraudulent nature of an order, they reserve the right to ask the Buyer ( prior to processing the order) additional documents (including proof of address and debit in the name of the Buyer, photocopy of the Buyer's identity card, photocopy of the Buyer's bank card) in view of to verify that it is not fraudulent.

In the absence of a response from the Buyer within fifteen (15) days following the sending of the request by the Seller or the online payment provider, the order will be canceled and the Seller proceeds within fourteen days following the expiration of the above-mentioned period to the reimbursement thereof according to the method of payment used by the Buyer.

1. Proof of order

It is expressly agreed between the Seller and the Buyer that e-mails are authentic between the Parties as well as the automatic recording systems used on the Site, in particular as to the nature and date of the order.

The Buyer may access, where applicable in accordance with the rules of common law, the electronic contract concluded between the Buyer and the Seller. To do this, he contacts Customer Service to whom he will provide all the information necessary to do so, in particular the order number and his contact details.

Article 6 : Payment

The amount owed by the Buyer is the amount indicated on the order confirmation as displayed on the web page dedicated to this purpose and then sent by e-mail by the Seller to the Buyer. The Buyer has the choice during the validation of his order as specified above, between different payment methods.

Payment can be made: either immediately by Internet, by credit card (Visa, Amex, Mastercard) or by Paypal account. The order is validated by the Seller only after acceptance of the GCS and verification and confirmation of the validity of the payment.

In any case, the Seller reserves the right to refuse any order or any delivery in the event of (i) the ceilings indicated in the "Purchasing Conditions" article hereof being exceeded, (ii) an existing dispute with the Buyer , (iii) total or partial non-payment of a previous order by the Purchaser, (iv) refusal to authorize payment by bank card from banking organisations, (v) non-payment or partial payment.

In the case of a preparation time of more than 4 days, the amount due will be automatically captured for payments by credit card. Paypal payments are captured immediately upon ordering.

In the event of unavailability of product(s) or cancellation for any other reason, our Customer Service will proceed with the refund by the same means of payment as that used for the initial transaction within an average period of 2 days and before a period of 14 days in accordance with the European directive in force. The customer will be notified at the email address used when placing the order.

Article 7 : Delivery

1. Delivery terms

Once the order has been prepared, it is sent to the postal address provided by the Buyer.

The Products are delivered by the postal services or by a specialized service provider (depending on the case and/or the delivery options selected) (hereinafter the “Carrier”). In the event of the Buyer's absence, the Carrier leaves a transit advice note in the Buyer's mailbox. The Buyer must then contact the Carrier again to agree on a new delivery date. It is nevertheless specified that if the buyer does not contact the Carrier again, the latter will carry out two new delivery attempts, the date and time of which will be determined at the Carrier's discretion.

The Buyer is informed that the parcel is kept by the Deliverer for a period of ten (10) days after the first presentation.

Penalty of return in case of error on the address?

1. Time limit

SExcept in the case of presales where the delivery times are indicated on the site when ordering the product concerned by the presale; processing times are understood to be working days only (Monday to Friday and excluding Sundays and public holidays). Orders are processed within a maximum of 3 working days. From the processing of the order, the corresponding Products are sent by the Carrier within the following time limits:

• Delivery by Standard Colissimo in France: 2 to 3 working days,
• Delivery by Point Relais in France: 3 to 4 working days,
• Chronopost Express delivery in France: 1 day,

For deliveries in Europe and abroad, delivery times are between 4 and 6 days (it depends on the destination)

The order is executed within a maximum period of thirty (30) days from the day following that on which the Buyer validated his order, subject to full payment of the price and compliance with the conditions of purchase defined in the article “ Conditions of Purchase” of these T&Cs.

In the absence of delivery at the end of this period, the Buyer has the possibility of canceling his order under the conditions provided for in the article "Delay in Delivery" below.

1. Late delivery

If the maximum delivery period of thirty (30) days is exceeded, the Buyer may exercise his right to terminate the order with Customer Service.

As of the exercise of the right of denunciation, the Seller reimburses all the sums paid by the Buyer (delivery costs included), according to the method of payment used within a maximum period of fourteen (14) days from from receipt of the denunciation, to the exclusion of any other compensation. In the event of partial delivery, delivery may be made in several instalments, and this right only concerns the undelivered balance of the order.

Any delay in delivery must be reported as soon as possible by the Buyer by e-mail, so that the Seller can have an investigation carried out with the Carrier. The Buyer is informed that the duration of carrying out a survey is random and can be relatively long, the Seller not controlling its realization.

If during this investigation, the order is found, it is immediately redirected to the place of delivery designated in the order. If at the end of this investigation the loss of the order is confirmed, the Seller will reimburse the Buyer for the sums collected on the bank account or on the Paypal account debited during the order.

1. Reception

Each delivery is deemed to have been made as soon as the Product(s) are made available to the Buyer by the Carrier. It is the Buyer's responsibility to check immediately upon receipt of the Product(s) the conformity and integrity of the Product(s) shipped.

Any anomaly/reservation identified at the time of delivery (in particular late delivery, missing or damaged product) must be reported completely and precisely by the Buyer on the receipt given by the Carrier at the time of the provision of the Products and /or confirmed by registered letter to the Carrier within three (3) days of receipt of the order.

Any reservation of this type must be notified in parallel and as soon as possible to the Seller's Customer Service. A copy of the complaint sent to the Carrier must be attached. Without finding by the Buyer in the presence of the Carrier on the receipt, the responsibility of the retailer is disengaged and it will be at its discretion to compensate the Buyer or to replace the missing product or not to act.

1. Claim

The Company guarantees that the Products comply with the standards and regulations in force applicable in the European Economic Area in terms of quality, traceability, safety and consumer protection, as well as composition, labeling and marking. It guarantees that the Products do not present any defect or defect rendering them unsuitable for their use under normal conditions of use.

Article 8 : Order compliance

In accordance with articles L 211-4 and following of the Consumer Code, the Company is required to deliver goods that comply with the order made by the buyer and must respond to any lack of conformity existing at the time of delivery of the latter.

In accordance with article L 211-12 of the Consumer Code, the buyer has a period of 2 (two) years from the delivery of the Products to exercise the legal guarantee of conformity and is exempt from providing proof of the existence of the lack of conformity of the good. Any complaint made after this period of 2 (two) years will be rejected and the Company will be released from all liability.

If the Products delivered do not conform to the Products ordered by the buyer, the latter must send an e-mail to the address pour lui notifier la non-conformité des Produits. to notify him of the non-conformity of the Products. The Company acknowledges receipt of the buyer's request and confirms the procedure to be followed. The buyer then returns the non-compliant Products to the Company at the following address: Jbal trading, 12 rue vivienne 75002 Paris. To be returned, the Products must be intact and in their original condition, i.e. unused and in their unopened packaging, with instructions and accessories, and the original packaging must be used.

Upon receipt of the Products presumed to be non-compliant, the Company carries out an inspection of the Products to ascertain their compliance. If the non-compliant nature of the Products is confirmed, the Company will then proceed, at the choice of the buyer, subject to the cost conditions provided for in article L. 211-9 of the Consumer Code:

- either to the exchange of non-compliant Products, the sending of the exchanged Products to the buyer being at the expense of the Company and according to the conditions of these GCS.

- or the repair of non-compliant Products, the repaired Products being sent to the buyer at the expense of the Company and according to the conditions of these GCS.

The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

Article 9 :Right of withdrawal

The Buyer has a reflection period of fourteen (14) consecutive days, from the date of actual receipt of the order, to return the Product(s) ordered, without having to justify reasons or to pay penalties. Return costs are entirely the responsibility of the Buyer.

Upon receipt, the Seller acknowledges receipt of this request by sending an e-mail or letter.

The complete product(s), unused, in its (their) original packaging intact and, as far as possible, accompanied by its (their) original packaging as well as the return note, the invoice. If the products are not returned within fourteen (14) days, from the day of actual receipt of the order, the order is deemed final and no refund can be made, with the exception of the cases provided for herein. T&Cs.

The Seller undertakes to reimburse the Buyer for all sums paid. The refund is made according to the method of payment used by the Buyer, within a maximum period of fourteen (14) days after the exercise of the right of withdrawal by the Buyer. Reimbursement of this amount may however be deferred until the returned goods are recovered.

For any additional information on the scope, content and instructions regarding the exercise of the Buyer's right of withdrawal, the latter may contact the after-sales service : contact@zestedcosmetic.com

Article 10 : Personal data

ZESTED attaches great importance to protecting and respecting the privacy of its Customers and their personal data. .
ZESTED's General Data Protection Policy is available on its Site at the following address (link).

The Buyer is invited to take cognizance of this data protection policy.

1. Personal information

The Buyer's personal data collected and stored by ZESTED within the framework of any order is intended for the proper management of orders, deliveries and invoices.

This information is strictly confidential and is only used by the Seller or its subcontractors, who are subject to the same obligations as for the processing of orders and in accordance with the Personal Data Policy accessible here (link).

In accordance with the French Data Protection Act of January 6, 1978, as amended, the Buyer is reminded that he/she has the right to access, rectify and delete data concerning him/her, and to oppose and limit the processing of such data.

To exercise this right, the Buyer may send an e-mail to the Vendor's Customer Service Department or by post to the following postal address: :

Zedm Consulting, 120 rue jean jaures, Levallois Perret 92300

contact@zestedcosmetic.com

If the Buyer grants the Vendor the right to use the data transmitted by the Buyer for commercial purposes, the Buyer may receive information e-mails from the Vendor concerning the Vendor's products and activities. The Buyer retains the right to refuse such communication. This may be done either by withholding consent at the time the order is validated, or by notifying Customer Service by e-mail.

1. Cookies

The Site uses cookies. Cookies are computer files stored on the browser used by the Buyer to browse the Seller's site. For more information on the use of cookies by the Vendor on this Site, we invite you to read the information available here (link to information note on cookies).

Article 11 : Others stipulations

1. Force majeure

No Party is liable for the total or partial non-performance of its obligations under this contract if the non-performance is caused by an event constituting force majeure.

Are considered as cases of force majeure events fulfilling the criteria set by the case law of the Court of Cassation and the legislation.

The Party invoking an event constituting force majeure must notify the other Party within five (5) working days following the occurrence of this event.
The Parties agree that they must consult each other as soon as possible in order to jointly determine the terms of execution of the order for the duration of the case of force majeure. Beyond a period of one (1) month of interruption due to force majeure, the Seller may not honor the order, it being responsible for reimbursing the Buyer if necessary.

1. Partial invalidity

If one or more stipulations of these GCS are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent jurisdiction, the other stipulations retain all their strength and scope.

1. Entire contract

These GCS and the order summary sent to the Buyer form a contractual whole and constitute the entire contractual relationship between the Parties.

In the case of contradiction between these documents, the GCS shall prevail.

1. Modification of the T&Cs

It is specified that the buyer can save or print these GCS, provided however that they do not modify them.
The T&Cs in force can be consulted at any time under the heading "General Terms and Conditions of Sale" accessible via all the pages of the Site.

The Seller may at any time update these T&Cs. Such an update being the subject of a prior and specific notification on the Site.

1. Applicable law

These T&Cs and the contractual relationship between the Buyer and the Seller are subject to French law. In the event of a dispute, an amicable solution will be sought before any legal action.

If you have not found an answer to your question, our Customer Service will be happy to help you at the following email address: contact@zestedcosmetic.com