Terms and Conditions – professional customer (as of June 30, 2017)
Article 1: terms and conditions: scope, modification, acceptance
The general conditions of sale detailed below (hereinafter referred to by "General Conditions for Professional" or "Terms for Professional") govern exclusively the contractual relationship between the professional customer of Ladyedna.com Site (hereafter designated by " Customer "or" you ") and the company Lady Edna EURL, whose headquarters is located at 9, Avenue de Paris, 94800 Villejuif, France, and registered with the Trade Register in Créteil (France) under the number B 524 801 909 (hereinafter designated by "Lady Edna" or "we") editing the website: http: //www.ladyedna.com (hereinafter the "Site").
The term "professional customer" refers to a company, a craftsman or a merchant, duly registered in his / her country (Trade register, Intracommunity VAT number, etc.), whose main activity includes the sale of cosmetics , make-up products or accessories, hygiene, perfumery, or hairdressing articles. A company whose main activity is different will not be considered as a professional customer by Lady Edna.
These Terms and Conditions for professional are the only applicable between the professional customer and Lady Edna. They replace all other conditions, except for prior express written consent. These Terms apply to all sales made on the Site, and Customer expressly declares to accept them without reservation, when visiting the site and placing an order.
A Professional Customer who wishes to order products from Lady Edna must first contact Lady Edna via a dedicated area on the home page of the Website, fill in a registration form to be sent by email or mail to Lady Edna. Lady Edna verifies that the Customer's business is properly registered, has a principal activity including the sale of the products offered by Lady Edna, proceeds to the registration of the Professional Customer and communicates access codes, or communicates the reasons for the refusal.
The products offered by Lady Edna to professional customers are a subset of the products offered to individual customers. Lady Edna freely selects the products offered to professional clients.
Lady Edna may be occasionally led to modify certain provisions of its Terms and Conditions, so it is necessary that they be reread before each order on the Site. The date of the last update is indicated in the title of the document containing these Terms. These amendments are binding as from their date of publication on-line and may not be applied to previously placed orders.
Article 2: Language of the Terms, applicable law
Contractual information is presented in French, an English version is provided for information purposes; in case of discrepancy, contradiction between the two versions, the French version will prevail.
The applicable law is French law.
Article 3: Products: descriptions, availability
Lady Edna describes the products sold on the Site with the information at its disposal, provided by the manufacturers or importers of products.
Photographs accompany the description of the products; these photographs are not contractually binding; in the field of cosmetics, manufacturers often change the packaging and presentation of their products; Lady Edna delivers the products ordered in packaging or presentation available at the time to prepare the shipment of the order.
Each product detail page includes an indication of product availability; either the products are available in stock, or they can be restocked in less than a week. If the expected time for replenishment exceeds a week is indicated. When a product is sold out and cannot be replenished within a known period of time, it is no longer possible to order it; the customer can ask to be notified when this product is back in stock.
When an item can be replenished quickly, a customer can order a quantity greater than the available stock, he is informed of the impact of replenishment time of delivery. Customer may request termination and reimbursement of his order if the delivery does not suit him.
In case of shortage of the product ordered, Lady Edna inform the customer as soon as possible. In agreement with the customer, Lady Edna may modify the order, for example by replacing the missing product with an equivalent product, or return the order value for products out, and within 30 days after your payment.
Article 4: Price, currencies, taxes
The sale prices listed on the site are in Euros.
For the professional customers, we indicate the prices without taxes (ecluding VAT).
Professional clients based in metropolitan France (including Corsica) have to pay an additional VAT (20%).
Customers based in the French overseas departments (DOM) and countries of the European Union will not pay VAT provided that they have communicated a valid Intracommunity VAT number.
Customers based in another country will pay prices without taxes (excluding VAT).
Shipping fees are added to the price of items ordered, they are calculated during the ordering process. Their total amount is shown to the customer at the end of the ordering process, in addition to the price of selected products before confirmation of acceptance by the Customer.
The buyer is personally responsible for customs clearance, payment of customs and tax duties, allowing him to take possession of his goods.
The price indicated in the order confirmation by Lady Edna is the final price. Lady Edna reserves the right to change prices at any time but is committed to apply the prices indicated on the Site at the time of your order.
Article 5: order taking
You can place your order online via the Internet, directly on the website, 24 hours a day, 7 days a week. We do not take orders by phone or mail.
5.2 Minimum order
To be validated by us, an order value must be a minimum of 300 Euros without VAT, excluding transport costs.
5.3 Validation of an order
Each product presented by Lady Edna has been described in a fact sheet with all the essential features of the product. So the client can find on the Site all necessary information to make an informed choice. The selection and purchase of the products are the customer's responsibility. The client who wishes to buy a product must:
- Check the order recapitulated in a virtual shopping cart and validate,
- Commit to make the payment within the specified requirements,
- Explicitly accept these terms and conditions, and therefore refuse to take advantage of its own conditions of purchase or other conditions.
All the data provided and the recorded confirmation are used as proof of the transaction. The confirmation of the order form is the same as an electronic signature and validates the acceptance of transactions.
The order is confirmed when the corresponding payment is received by Lady Edna.
The contractual information will be confirmed via email within 48 hours and no later than at the time of delivery.
5.4 Information to be provided by the professional customer
Before being allowed to place a first order, a professional customer must complete a registration form and return it to Lady Edna.
This form can be downloaded from the home screen of professional customers, and can be returned by email or by mail.
The required information is :
- Full name of company,
- Registration of the company
- (Intra-Community VAT number for companies located in a country of the European Union),
- Trade register or DUNS number for companies outside the European Union.
- Billing address
- Delivery address (several addresses can be entered here)
- Name, first name and role of the person authorized to place orders, Telephone number, to facilitate the follow-up of the delivery and to resolve any difficulties quickly.
- Valid e-mail. A valid email address must be provided by the client; it is essential to keep the customer informed of the processing of his orders, to warn him of their shipment and the delivery of the parcels by the carrier.
After receiving the completed form, Lady Edna checks the existence of the company, creates the customer account, and then communicates to the customer her username and password.
For security reasons, the professional customer does not modify the data relating to the company itself, he sends a modification request to Lady Edna if necessary.
At the time of finalizing an order, the customer verifies that the data is always up to date, specifies the desired delivery address, chooses the method of delivery and the payment method that suits him, and provides any additional information or remarks that may be necessary.
The client is personally responsible for the quality and accuracy of the information given during the order taking process; if there is any error in the recipient's details, Lady Edna cannot be held responsible for failure in the delivery. Consequently, the buyer shall bear the cost of returning the goods if he has not communicated his address correctly. Lady Edna will even be entitled to charge the administrative and transport costs associated with return orders.
5.5 Verification by Lady Edna
In accordance with our commitment to the fight against fraud to payment on the internet and thus to the protection of all customers, we reserve the right to make a prior verification of your order, before triggering the preparation.
5.6 Shipping costs
Shipping costs include the preparation and packing fees as well as postage costs. Shipping charges are indicated to the buyer before the registration of the order and differ depending on the weight and destination of the shipment.
Article 6: Payment
6.1 Payment at the time of the order
Orders are paid for at the time of validation.
When validating an order, the customer agrees and commit to pay.
The customer guarantees to the company Lady Edna that he is of age and that he has the necessary authorizations to engage the responsibility of his company and to use the mode of payment chosen during the validation of the order form.
6.2 Method of Payment
The means of payment usable by all professional customers are the Bank Card and the bank transfer.
6.2.1 Payment by credit card
Payment can be made by credit card: Carte Bleue, VISA or MASTERCARD via the Cyberplus system provided by BRED / Banque Populaire; The 3D Secure protocol is implemented; it is a program created by Visa (Verified by Visa) and MasterCard (MasterCard Secure Code), designed to enhance the security of card payments over the internet, to reduce the risk of fraud (especially the risk related to identity theft) and issues related to challenging the payment order, and to offer buyers online, a reassuring and secure payment process.
If, for any reason, the 3DSecure control has not passed successfully, Lady Edna reserves the right to cancel and refund the order.
6.2.2 Payment by bank transfer
Professional customers can pay by bank transfer, the contact details of the bank account receiving the transfer are given to the customer on the site.
Lady Edna is waiting for the transfer to be registered on her account before considering that the payment is accepted and to prepare and send the goods.
6.3 Security of online payment
To make a payment by credit card, the customer is automatically redirected to the secure website of the bank; all data related to the payment, the customer's bank details are treated confidentially and securely by the bank. Lady Edna is never informed of the customer's bank details; the client automatically returns to the site when the payment is recorded.
Please note that for payments with credit card, you are asked to confirm your payment order; so you have to click the final submit button for your payment to be registered; do not leave the payment screen without being sure that your payment is validated; you will always receive a confirmation message when the payment is validated.
6.4 Payment Incidents
Lady Edna reserves the right to suspend any order and any delivery in case of refusal to authorize payment by credit card from the officially accredited bodies or in case of non-payment. Lady Edna also reserves the right to refuse to make a delivery or to honour an order from a consumer who has not fully paid a previous order or with whom a payment dispute is under administration.
Lady Edna retains full ownership of the goods sold until full payment by the buyer. Lady Edna reserves the right to reclaim the ordered products in case of default. In this event the client agrees to return any product not paid being the subject of a payment default, the cost of return being at his expense.
If for some reason Lady Edna must refund totally or partially a command, it will be done by the same means of payment used by the customer to pay: credit back the bank card, or a bank transfer in favour of the customer.
Article 7: Delivery and receipt of packages
The products are delivered within the limits of available stocks and shipped according to the order of arrival of orders.
Orders are delivered in cardboard boxes, to be delivered at one time in one place.
7.1 Maximum weight of parcels
The maximum weight of parcels supported by our standard package carriers (Mondial Relay, La Poste Colissimo) is 30 kilograms.
If an order is for a quantity of items with a total weight of more than 30kg, the customer sees that no carrier is available to forward the order, he / she is invited to contact Lady Edna to define the most relevant carrier; the shipping costs are always charged to the customer.
The countries where we can deliver are:
- Metropolitan France and overseas departments (French Guiana, Saint Barthélemy, Saint Martin, Saint Pierre and Miquelon, Mayotte, Martinique, Guadeloupe, Reunion),
- the EU member countries as well as Andorra, Monaco, Switzerland, Norway, Croatia, Macedonia, Moldova, Montenegro, Russia, Ukraine, Albania, Bosnia Herzegovina, Serbia, Iceland,
- Israel , Morocco, South Africa, Tunisia, the United Arab Emirates,
- Canada, the United States, Mexico, Japan, Australia, New Zealand, Brazil, Chile.
7.3.1 Mondial Relay - Relay Points
When placing your order, you choose a Relay Point (a convenience store, near you) where you want your package to be delivered. You are notified of the arrival of the package in Point Relay (via email or SMS), where you will be given against signature. Mondial Relay is available for deliveries in France, Belgium and Luxembourg.
7.3.2 La Poste Colissimo Expert: home delivery with delivery against signature
Deliveries are made in all countries served securely by postal services collaborating with the French Post, by "Colissimo delivered against signature." Once the package prepared by us, it will be delivered to you against signature.
If you are absent during delivery, a notice will be left in your mailbox. You will have 10 days to get your package in the nearest post office, using an ID. You will then be asked to sign the proof of delivery.
Follow any time the delivery of your package on www.colissimo.fr with a tracking code which is transmitted when the parcel is shipped to you.
By opting for delivery by Colissimo, you make the choice of a carrier which compensates for the CO2 emissions of all packages delivered to reduce the environmental impact.
7.4 Delivery time
The command is executed as soon as possible and no later than 30 days from the day the order was validated (order status: accepted payment).
We give below an indication of the delivery times from the right end of the payment of the order.
- For items in stock, the shipment is usually done within 1-2 business days of payment.
- For products on backorder, Lady Edna commits to do its best effort to ship the order within 5 business days after payment.
Delivery times vary depending on the destination country chosen by the customer. For guidance, we can give the following shipping times:
- In metropolitan France, the delivery times are on average 2 to 3 business days with Colissimo, 3 to 5 days with Mondial Relay;
- in Europe, delivery times vary from 5 to 7 working days;
- Shipments to countries outside Europe and overseas take 7 to 14 working days; customs controls can lengthen the time of several days, without engaging the responsibility of Lady Edna.
If the maximum period of 30 days is not met, the customer may cancel the order and will be refunded the full amount paid. In the absence of delivery, the contract can be cancelled.
A delay in delivery or failure to deliver shall not give rise to any other compensation that outright refund the order.
Are considered as force majeure discharging seller of its obligation to deliver, war, riot, fire, strikes, accidents and impossibility of being supplied.
7.5 Personal delivery
Delivery is made by delivering the product directly to the recipient announced, or, in his absence, by notice of availability. Delivery requires signature by the recipient of an acknowledgement ("delivery against signature").
7.6 Unclaimed Parcels
When the package is placed in a relay point or when a package sent to the home cannot be delivered because of absence and was directed to a post office, the customer is notified of the availability of the package. The customer is at the same time warned of the deadline to collect the parcel. Beyond that date, the parcel is returned to Lady Edna, who must pay return postage. If a customer does not retrieve his package on time, Lady Edna is not required to reimburse the products or the shipping costs; if Lady Edna receives the package back in good condition and if the client wants Lady Edna sends the package a second time, the customer will pay a second time shipping.
7.7 Compliance with import rules
Any product ordered but prohibited for importation into the country of destination may be blocked by customs. It is for each customer not to order products prohibited for importation into his country. If that were the case, Lady Edna cannot be held responsible for the rejection of the delivery by the authorities of the destination country.
7.8 Delivery problems due to carrier
Always check your package on arrival. You have a period of 2 working days to make a claim with the carrier in case of broken or damaged product. Any anomaly concerning the delivery must always be indicated on the delivery form with "handwritten reserves", accompanied by the signature of the customer. The customer must send to the carrier a registered letter with acknowledgement of receipt stating the said claims.
Article 8: Delivery error, returning the goods
The customer must make to society Lady Edna, no later than the third day after the delivery, any claim of error of delivery and / or nonconformity of products in kind or in quality compared to indicated on the order form. Any claim made after this time will be rejected.
In case of wrong delivery, refund or exchange, any product concerned must be returned to the company Lady Edna in its complete original state (packaging, accessories, manuals ...) allowing its commercialization in new condition. It will be sent by Mondial Relay or Colissimo, within 7 days maximum, to the following address:
Lady Edna EURL, 9, Avenue de Paris, 94800 Villejuif, France
To be accepted, any return will be reported prior to Customer Service Lady Edna via email: firstname.lastname@example.org, or via the customer account in the online store.
Article 9: No Right of withdrawal
Article L121-16-of the French Consumer Code provides that for off-premises contracts between two professionals, a right of withdrawal may be exercised once the subject of such contracts do not fall within the scope of the main activity of the customer, and the number of employees employed by the professional customer is less than or equal to five. In Article 1 of these terms and conditions, it is specified that only professionals are admitted whose sale of products marketed by Lady Edna is part of the main field of activity.
Article 10: Guarantees
10.1 Commercial guarantees
All our items (except textiles, consumables such as cosmetics, cleaning products and products including natural or artificial hair) are covered at no additional cost, by a conventional six-month guarantee from the date on the proof of delivery. The proof of delivery serves as warranty and must be enclosed when returning the product. For invoking the commercial guarantee, you should contact Lady Edna (by email at the address email@example.com). We ensure a guarantee under any defect or vice of any material, exclusively limited to the free repair or exchange of the article recognized by us as being defective. In case of product exchange is not possible, we will conduct refund.
Under this guarantee, the return costs are reimbursed on demand and shipping costs of the exchanged product are at our expense.
The contractual warranty is excluded in case of normal wear and tear of parts or accessories component, in case of deterioration of the product due to lack of maintenance, improper handling or improper use or unforeseeable circumstances or force majeure, in case of repair by a third party not approved by our Customer Service. In case of supplier failure, we reserve the right to offer you a product or parts or accessories having equivalent functions and quality or if unable to terminate the guarantee and then you propose reimbursement.
10.2 Legal guarantee
Regardless of the commercial guarantee, the seller shall remain liable to the legal guarantee of conformity (Article L 211-4 to L 211-13 of the French Consumer Code) and the defects in the goods sold (Article 1641 to 1648 of the French Civil Code and 2232 Civil Code).
Article L 211-12 of the Consumer Code: "Action resulting from lack of conformity lapses two years after delivery of the goods.".
Article L 211-4 of the Consumer Code: "The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery. It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under his responsibility.".
Article L 211-5 of the Consumer Code: "To comply with the contract, the product must:
1. Be suitable for the usual purpose of a similar product and, where applicable:
- Match the description given by the trader and possess the qualities that he has presented to the buyer as a sample or model;
- The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2. Or have the features defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted. ".
Article L. 211-16 of the Consumer Code: "When the buyer asked the seller, during the course of the commercial guarantee which was granted to it during the acquisition or repair of personal property, calling into covered by the state guarantee, any period of detention of at least seven days adds to the length of the warranty still to run. This period runs from the buyer's request to intervene or the provision for repair of the property involved, if that provision is after the application to intervene."
Article 11: Responsibility
The company Lady Edna has, for all stages of accessing the site, the ordering process, delivery, customer service or subsequent services, only an obligation of means.
The responsibility of society Lady Edna cannot be engaged for inconvenience and damage relating to the use of the Internet such as service interruption, loss of data, computer viruses or external intrusions and more generally all cases qualified by the courts as force majeure, involuntary events or done by third party.
Lady Edna cannot be held responsible for any indirect damages that may arise from the purchase of products.
Lady Edna assumes no responsibility for the content of sites on which hypertext links into its own site.
Lady Edna assumes no responsibility for accidents arising out of use of its products by ignorant customers or incompetent persons.
In case of dispute, the customer should first contact the company Lady Edna to agree possibly on an amicable solution.
Force majeure : neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Be considered fortuitous event or force majeure any fact or uncontrollable circumstances, outside parties, unpredictable, unavoidable, beyond the control of the parties and which cannot be prevented by them, despite all the efforts reasonably possible. The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware. Both parties will then, within one month, unless unable due to force majeure, examine together the impact of the event and agree the conditions under which the contract will be continued. If the force majeure lasts more than three months, these terms may be terminated by the injured party.
Article 12: Entirety
Article 13: Evidence
Article 14: Preservation and archiving of transactions
Article 15: Intellectual Property
Article 16: Protection of personal data
16.1 The personal information collected by the site
In The course of operating the Site, Lady Edna is likely to collect personal data. These data will be processed according to the purposes for which it was collected.
In particular, the Site may collect personal data necessary for performance of the contract to which the user of the Site will be part and / or to take steps at the request of the latter. The website will also be likely to use its data for legal purposes and / or regulations.
In addition, the site may need to collect user's personal data for other purposes, taking care to collect the consent of the user of the Site.
In particular, the site may need to collect, store, use the following data:
- The name, email address, physical contact information, date of birth,
- Shipping information, billing or other,
- Messages sent on the site (comments, questions, ...)
- Correspondence that could eventually be sent to us,
- Delivery incidents, claims,
- Other additional information that you provide.
The mandatory or optional nature of the data that the user of the Site may be required to provide will be indicated on the information collection forms with a symbol or a specific reference; an asterisk will accompany the areas of mandatory data entries.
Users of the Site will also be aware of the possible consequences if he does not provide some information.
In any event, the Site agrees to process all the collected data in a manner consistent with the French law of 6 January 1978 (Data Protection).
16.2 Identity of treatment manager
Personal data is collected by the company Lady Edna EURL, whose manager is Mrs. Edna Nzamba Moussabom.
16.3 Website hosting
The Website is hosted by the PHPNET company based in Grenoble, France. The host does not treat your personal data and takes reasonable precautions to protect them from unjustified intrusion or consultation; only the representative of the Society Lady Edna has the access codes and passwords needed to access the data of the Site.
In accordance with Law No. 78 -17 of January 6, 1978 relating to data, files and liberties, this website has been declared to the National Commission on Informatics and Liberties (CNIL ) under the number 1530841.
16.5 User Rights
It is recalled that the person whose personal data are processed has the rights of access, rectification and opposition to the processing of personal data.
These rights can be exercised in accordance with the law of January 6, 1978, as amended by the law of 6 August 2004, by sending a request by email to the address firstname.lastname@example.org or paper mail to Lady Edna , 9, Avenue de Paris, 94800 Villejuif, France, with a proof of identity and a legitimate reason if required by law.
16.6 Data Retention
The Site agrees that the data collected are kept in a form which permits identification of data subjects for a period not exceeding the time necessary for the purposes for which they were collected and processed.
16.7 Transfer of personal data
The Site may need to disclose personal data of the Website user to ensure delivery of orders by its contractors, ensure after-sales service, perform satisfaction surveys.
The personal information collected by the Site is transmitted to the following recipients: La Poste or Mondial Relay for deliveries, BRED Bank (Banque Populaire), for online secure payments. Some data can also be transmitted to the bodies responsible for conducting satisfaction surveys or promotional mailings.
Moreover, Lady Edna reserves the right to transmit your personal data in order to meet its legal obligations, in particular if it were constrained by legal requisition.
16.8 Commercial Prospecting
The Site allows you, when creating your account, to receive offers and information by email from the website and its trading partners.
The user can, when filling the registration form, indicate whether or not to receive such information and proposals; he need only tick the boxes corresponding to his choice.
In any event, the Website user may at any time, notify the Site and its partners, he does not wish to receive such commercial offers responding to a received e-mail the site with the message "STOP MAIL".
Lady Edna agrees to take all necessary precautions against the risks presented by the processing to preserve data security and in particular prevent them from being distorted, damaged, or that unauthorized parties have access. Lady Edna undertakes in particular to comply with all technical requirements to be complied with treatment.
Use od SSL certificates: all screens where the user enters or changes personal data is protected by an SSL Certificate; you can check: the address of the page starts with https, a padlock icon appears in your browser's address bar or when you click on the favicon next to the url of the site.
A cookie is a file downloaded on your computer, tablet or other mobile device when accessing our website. Cookies allow us to store and retrieve information about your browsing habits or equipment from which you access the site. The information obtained is related to the number of pages you visit, the language, the place from which you connect, the number of new users, frequency and recurrence of visits, duration of your visit, the browser or computer from which you visit the site.
If you want, you can allow, block or delete cookies installed on your computer. For this you must set your browser options or adjust the privacy options.
Caution : blocking the installation of cookies on your computer may prevent you from accessing certain parts of our site.
Article 17: Election of domicile and jurisdiction - Applicable law
The address for service is made by Lady Edna at its headquarters. In case of any discrepancy in the execution of a contract of sale or payment of the price and in case of interpretation or execution of the above terms and conditions shall only the Créteil (France) courts have jurisdiction, whatever the place of delivery, the method of payment accepted and even if in case of warranty, plurality of defenders, or in disputes between commercial parties. Except special and written conventions, any order automatically implies on the part of the buyer acceptance of these terms and conditions, notwithstanding anything to the contrary contained in its own general conditions of purchase.