Terms and Conditions of Sale
1. Purpose and acceptance of the terms and conditions of sale
The VISOANSKA website (hereinafter referred to as the « Site ») is an e-commerce website accessible via the internet at www.VISOANSKA.com. It is open to any internet user (hereinafter referred to as an « Internet user »). It is edited by VISOANSKA (hereinafter referred to as « the retailer »), a SARL (limited liability company) with a capital of 250,000 euros, having its head office at 9 rue du Faubourg Saint Honoré - 75008 Paris, registered with the Trade and Companies Register of Paris under the number RCS 494502552, (hereinafter referred to as « the retailer »). Website hosting is by Infomaniak, having its head office at 26 Avenue de la Praille 1227 Carouge, Geneva, SWITZERLAND.
The Site enables VISOANSKA to propose the sale of beauty products to Internet users browsing the Site (hereinafter referred to as « Users » ). For the purpose of these terms and conditions of sale, it is agreed that the User and VISOANSKA will be collectively referred to as the « Parties » and individually referred to as the « Party », and that Users who have validated an order will be referred to as the « Buyer ». The rights and obligations of the User apply as a matter of course to the Buyer.
By placing an order for a Product for sale on the Site, the User acknowledges they have read and accepted in full these terms and conditions of sale. No handwritten signature will be required from the User for this acknowledgement to be valid. In accordance with the provisions of sections 1316 to 1316-4 of the French Civil Code, supplemented by Decree n° 2001-272 of March 30th, 2001, implementing section 1316-4 of the French Civil Code relating to electronic signatures, it should be remembered that validation of an order form as described in article 3.3. below, constitutes an electronic signature which carries the same legal weight as a handwritten signature with regard to the two Parties.
The User may save or print out these terms and conditions of sale, providing that they do not modify these conditions.
These terms and conditions of sale are valid as from January 1st, 2006.
VISOANSKA reserves the right to modify these general and specific Terms and Conditions of Sale at any time and without prior notice, it being understood that any such changes will not apply to bookings and orders already accepted and confirmed by the Buyer. These terms and conditions of sale override any other documents.
2. Products for sale on VISOANSKA.com
Special offers are only valid for the duration of the validity of the offer in question and while stocks last.
You will be informed by email if one or more of the products that you have ordered are unavailable. The value of your order will be recalculated and the new sum will be debited from your account, minus the value of the unavailable products. If no item you have ordered is available, you will be informed of this by email and your account will not be debited.
You may also cancel an order you have placed on the site by contacting the Customer Service department at the following address: service-client@VISOANSKA.com. If the Customer Service department tells you that your order has already been processed, you may no longer cancel the order: you will have to refuse delivery of the parcel containing your order when it is delivered to you.
In accordance with section L. 111-1 of the code de la consommation (consumer code), the Buyer may, prior to placing their order, use the VISOANSKA site to acquaint themselves with the most important aspects of the product or products that they wish to order.
Photographs, visuals and descriptions of the products for sale are for informational purposes only and have no legal or contractual effect.
3. Prices of products for sale on the site
The prices featured on this Site are shown in Euros inclusive of all taxes and may be changed during the course of the year. Ordered products will be invoiced at the price that was applicable at the time of the order being registered.
Prices do not include postage and packaging, a charge for which will be added to the price of the products purchased, according to the value of the order. The charge for postage and packaging will be displayed before the Buyer registers their order.
Prices are inclusive of Value Added Tax (VAT) at the rate applicable on the date the order is placed. Any change to the rate of tax to be applied will be automatically passed on to the price of the products sold by VISOANSKA on its Internet site.
The price of products for sale may be changed by VISOANSKA at any time. The Buyer will be notified of these changes before placing an order.
4. Ordering
The placing of an order constitutes a full and unconditional acceptance of these terms and conditions of sale.
The value of an order must not exceed 700 Euros, furthermore, no more than 3 examples of the same product may be ordered per order.
In confirming the order by clicking on the "Confirm order" button, the Buyer acknowledges that they accept this order, as well as these terms and conditions of sale. The order form may be printed out.
As soon as the order has been registered, an acknowledgement of receipt of your order, itemising the items featuring on the order will be sent to the email address supplied by the Buyer.
This acknowledgement of receipt will state the exact amount invoiced and supply details of the order delivery procedure.
This acknowledgement of receipt constitutes the acceptance of the order and validates the transaction.
The Buyer accepts that VISOANSKA's system of registering their order constitutes proof of the nature of the agreement and of its date.
VISOANSKA nevertheless reserves the right to cancel any order placed by a customer with whom there exists a dispute concerning the payment of a previous order, or for any other legitimate reason, notably relating to the unusual nature of the order in question.
5. Payment
All orders are payable in euros.
The Buyer may pay for their order using the following payment method: bank card
The bank cards accepted by the site are the following: Carte Bleue, Visa, MasterCard and American Express
The Buyer offers an undertaking to VISOANSKA that they have the authorisation required to use the payment method they chose when completing their order form.
VISOANSKA reserves the right to suspend or cancel any order and/or delivery, regardless of its nature, at any stage in the processing/delivery process, in the event of non-payment of any sum payable by the Buyer, or in the event of problems relating to payment.
Late payment interest equivalent to the legal interest rate plus five percentage points is applicable as of right to all monies owing after a period of ten days after the billing date or immediately after notification of refusal of payment by the bank involving any other payment method.
Delivery of any new order may be suspended in the event of the late payment of a previous order, notwithstanding the provisions contained in these terms and conditions of sale.
All orders are payables in euros.
As part of the ongoing campaign against Internet fraud, information concerning your order may be transmitted to third parties for verification.
In order to ensure that payment by bank card is secure, the customer must communicate their bank card's Card Verification Value (CVV) to Cybersource.
6. Delivery of orders
France, European Union, Switzerland and Norway: free delivery
Delivery between 8am and 6pm on the following working day (for orders placed before midday).
Other countries: Delivery charge : 9.90 €
Your signature is required on receipt of delivery.
Delivery: 4 to 8 days after the order is placed (depending on the destination)
Click on 'Customer Service' to select your country
Delivery times are always given for informational purposes only. Late delivery can in no way be considered to be grounds for the cancellation of the order undergoing processing and does not entitle the Buyer to any compensation.
7. Product returns and refunds
1. Products may be returned by the Buyer in accordance with the conditions and instructions below:
Products must be returned to VISOANSKA in perfect, new, and re-sellable condition, (original packaging, accessories, instructions...), the packaging must be properly sealed and should come with a signed return form.
VISOANSKA accepts the return of all items purchased on the site as long as these items are returned within 7 days of the Buyer taking delivery of their order.
In principle, return shipping costs are borne by the Buyer. In the event of a technical problem or delivery error in relation to the items in question, return shipping costs will be refunded by VISOANSKA.
In order to return an article, the Buyer must follow the following instructions:
1. Return the product in its original packaging.
2. Fill in and attach the Returns form that is to be torn off from the delivery note. Returns sent back without a Return form will not be accepted.
3. Send the parcel to the following address:
Visoanska
Service Retours
16 rue de Turenne
75004 Paris - France
The cost of any liability incurred as a result of the return of the product will be met by the Buyer.
Non-adherence to the procedures described above or to the stated deadlines will mean the Buyer will not be able to make any claim relating to the non-conformity of the delivered products or any conspicuous defects affecting the delivered products, these products having been deemed to conform to this order and to be free of any conspicuous defects.
8. Cooling off period
In accordance with section L. 121-20 of the code de la consommation (consumer code), the Buyer has 7 working days from their receipt of goods in which to return (at their own expense) the products they have ordered in order to obtain a refund.
Products must be returned to VISOANSKA in perfect, like-new, re-sellable condition, (original packaging, accessories, instructions...), the packaging must be properly sealed and should come with a signed return form, as described above in article 7.5.
If the procedures described above are adhered to, the customer will be refunded, with their bank account being recredited within 15 days of receipt of the returned goods.
9. Retention of title
VISOANSKA retains full ownership of sold products until receipt of payment in full, inclusive of all costs and taxes.
10. Liability
VISOANSKA will not be held liable for non-performance of contract in the event of products being out of stock or else unavailable due to Act of God, disruption or general or partial strike action, notably within the postal services and transport, haulage and/or communications industries.
VISOANSKA will not be held liable for any indirect damages that could arise out of the purchase of our products.
VISOANSKA will not be held liable for the loss of any data or files stored on computer. It is the Buyer's responsibility to undertake all the necessary safety measures in this respect.
VISOANSKA disclaims any liability for:
- any delay, failure in performance or interruption in the delivery of website content;
- the presence of any computer viruses or the contamination of your computer system;
- any inaccuracy or omission relating to information available on this site ;
- any damages resulting from a third party gaining fraudulent access to the site and subsequently modifying information available on the site ;
- and more generally, for any damage, direct or indirect, regardless of the cause, origin, nature or consequences of this damage, including most notably the expenses that could be incurred through the purchase of goods offered for sale on the site, loss of profits, customers, data or any other loss of intangibles that could arise as a result of the access of any given individual to the site or as a result of access to the site being unavailable or as a result of credence lent to any given piece of information originating directly or indirectly from this site.
11. Intellectual property rights
In accordance with the legislation governing the protection of literary, artistic and other similar property rights, this Site and all the constituent parts, brand names, drawings, models, logos, visuals etc to be found on this Site, as well as their compilation (collection, assembly and arrangement), are the exclusive property of VISOANSKA. VISOANSKA does not grant any licence or rights other than that of the right to view the site.
The reproduction or use of all or a part of these elements is authorised for informational purposes only, for personal, non-commercial use. Any reproduction or use of copies made for any other purpose is expressly prohibited. Any other use constitutes an act of counterfeiting punishable under Intellectual Property legislation, unless prior written authorisation is obtained from VISOANSKA.
12. Governing law and jurisdiction
The sale of VISOANSKA products are subject to French law. Any dispute arising over the interpretation, performance or breach of the contract agreed between VISOANSKA and the Buyer, even when there are multiple defendants, will be, in the absence of an amicable agreement, subject to the exclusive jurisdiction of the Paris courts.
13. Data protection and data storage on computer
The information collected by VISOANSKA in the course of each Buyer's order are needed by VISOANSKA and its commercial partners in order to process the order. In accordance with the law of 6th January 1978 "Informatique et Libertés" n° 78-17 (relating to data storage on computer and data protection), the Buyer has the right to access, correct, oppose the sharing of and demand the removal of information relating to them held by VISOANSKA, by contacting the Customer Service department (Service Client): service-client@VISOANSKA.com
