TERMS & CONDITIONS
These general terms and conditions (hereinafter the “Terms and Conditions”, “T&C”, “GTC”) are applicable to the amateracosmetics.com merchant website, which is an e-commerce site (herinafter “online store”, “merchant website”) accessible via the Internet network, open to any user of this network. All orders on the amatera website mean full acceptance of these terms and conditions by the customer who makes a purchase (hereinafter the “Customer”). These terms and conditions are accessible from all pages of the amatera online store. Those GTC can be modified at any time without notice. The applicable GTC being those which the Customer accepts when placing his/her order.
The general terms and conditions in French prevail over any others.
The amateracosmetics.com website is published by Excellia Consulting Sàrl a limited liability company with a capital of € 12,500, whose registered office is located at 32-34 Route de Luxembourg – L-8440 Steinfort and registered with the Luxembourg Register of Companies under number B 149782.
The site “amateracosmetics.com” is hosted by the company OVH 2 – rue Kellermann – BP 80157 59100 Roubaix – FRANCE. Phone: + +33 9 72 10 10 07
The amateracosmetics.com online store allows Excellia Consult to offer the sale of products to non-professional customers having the quality of consumer, aged over 18 years and having full legal capacity. Retail sales are made strictly for personal use. Consequently, Excellia Consult limits the order to five (5) products of the same reference within the limit of five (5) references purchased by the same Customer per order.
The customer service
If you have any questions about the amateracosmetics.com online store or other questions, please contact our Customer Service Department:
By mail: by writing to amatera – Customer Relations Department – 32-34, Route de Luxembourg to L-8440 Steinfort
By e-mail at: firstname.lastname@example.org
The products offered for sale on the amateracosmetics.com online store are described and presented with the highest possible precision (for example specifications, illustrations, size, key ingredients in the composition). However, the customer is invited to refer to the description of each product present on the site, in order to know properties and special features regarding to the required characteristics as the choice and the purchase of a product is placed under his/her sole responsibility.
Prices applied are those listed on the amateracosmetics.com online store at the time of the order. The Customer is informed that prices are subject to change without notice. The prices shown in the “My order” section on the order summary page correspond to the prices paid by the customer at the time of his previous orders. It is therefore likely to offer for sale the same product at a different price from the price paid on the day of the previous order. The Customer is therefore invited to pay attention to the current price at the time of its order. The prices are displayed in Euro (€) including all taxes and do not take into account the delivery costs of the order (hereinafter the “Delivery fees”, “Delivery costs”, “Shipping fees”). These shipping fees will be indicated to the Customer separately on the shopping cart page as well as on the order summary page before validation and payment of the order. Prices are subject to typographical or display errors.
Article 1: Application of these general terms and conditions
Any order of products distributed through the amateracosmetics.com site implies the full and unconditional acceptance of these general terms and conditions, in particular on the price, volumes and quantities offered for sale. These sales are legally made by the Excellia Consult. These general terms and conditions (GTC) cancel any different or contrary clause, appearing on documents or on the correspondence with the customer. These GTC are governed by Luxembourg law. The courts of the registered office of Excellia Consult are the only competent authorities.
Article 2: Order
2.1 Ordering conditions
After selecting one or more products, the Customer places an order by clicking on the “proceed to checkout” button. All orders will be known as firm and final upon receipt of the buyer’s payment.
To finalise its order, the Customer:
Must confirm its delivery and billing address or indicate a new delivery address for the territory and / or the billing.
Must take note of these Terms and Conditions and explicitly accept them by checking the box “I have read and I accept the Terms and Conditions” before proceeding to the payment of his order.
Is then invited to settle the amount of his order by clicking on the button “Place order” giving access to the secure payment of its order.
Prices are subject to change at any time without prior notice, knowing that the products will be invoiced on the basis of the current rates at the time of the ordering by the customer.
All our offers are subject to available stocks, without engagement and subject to sale in the meantime. Restrictions on available quantities can be considered in view of the rare or speculative nature of certain products.
Certain offers and especially promotions are limited to one sale per household with the same name, same address, same account or bank card.
2.2 Availability of products
In the event that Excellia Consult is unable to deliver the ordered goods within 30 days, Excellia Consult will refund the purchaser within 30 days or will offer substitute products of the same value if the total value of missing products exceeds 80 euros.
When ordering, all the information transmitted by the buyer binds exclusively this one. In case of error or omission in the transmission of information (name, address, …) Excellia Consult cannot be held responsible for the impossibility in which it could then be to deliver the order.
Our offers are reserved for private customers. However, professional resellers can benefit from preferential conditions on certain products. Professional resellers must contact Excellia Consult by e-mail at the following address: email@example.com
2.3 Order cancellation
Once the payment has been made, the Customer has the possibility to cancel his order. The customer always has the possibility to make use of his/her right of withdrawal as described in the below conditions.
Excellia Consult may reserve the right to refuse to honor an order in case of a dispute with the Customer concerning the non-respect by the latter of the GTC until the full resolution of the dispute.
Article 3: Payment
The payment of the order is only made by credit card. Visa and MasterCard cards are accepted. Excellia Consult has set up a secure payment system for all orders placed on the amateracosmetics.com online store. Payments are made on an external platform through a payment service provider -Servipay – complying with PCI DSS security standards.
Excellia Consult retains ownership of the products until full payment of the products prices.
The Customer can download his invoice from his personal space in the “My orders” section.
Article 4: Delivery and Return
For the European Community countries, except Luxembourg, shipments are limited to 25 maximum standard items and 5 products per type.
4.1 Method of delivery
The Customer will be informed by e-mail of the handling of the parcel by the carrier Interoute as well as the announced date of delivery.
The information on the delivery conditions is also available on the cart validation page, as well as on the order summary page, before the payment of the order.
No delivery will be made by Excellia Consult if the complete order pricing collection is impossible.
Our products are delivered in a single shipment and in the same place.
Delivery times to Luxembourg varies from 3 to 5 working days.
For other European countries, delivery times are extended from 2 to 4 working days.
Delivery times start to run as soon as the order confirmation e-mail is sent. Any delays do not give the buyer the right to cancel the sale or to refuse the goods or to claim damages. The delivery time is varying in particular depending on the delivery place.
The company Excellia Consult can not be held responsible for a misappropriate, improper or misused use of the products sold on its sites.
4.3 Receiving Products
Upon delivery of the order, the Customer must check the conformity and the status of his order in the presence of the carrier and if necessary, issue all the necessary reservations concerning the apparent defects (Product missing, damaged package).
In case of apparent non-conformity of the delivered products, the Customer must contact the Customer Service of the amateracosmetics online shop within the seven (7) calendar days following receipt of the products. Unless there is a legitimate reason, any claim relating to apparent defects made after this period will be considered inadmissible.
The purchaser is responsible for the items ordered and this from the delivery, the transfer of possession being worth transfer of risk.
4.4 Product return
The Customer has a right of withdrawal allowing him to return the products to Excellia Consult without reason in the conditions set out in article 5 below.
There is no reason to give or penalties to pay. Only the costs of returning the goods will be paid by the buyer.
We sincerely hope that our products will give you complete satisfaction, however, for reasons of health and hygiene protection, Excellia Consult cannot accept the return of all products. However, they can only be returned to us if they are in a condition suitable for a new marketing (for example products in perfect condition accompanied by their original packaging, accessories, notice, unopened and with a pump not primed, unsealed) within seven (7) days from the receipt of your order.
No customer will be able to claim damages if the ordered products are by their nature likely to deteriorate or to perish rapidly.
To return the product(s), the customer must return, within seven (7) calendar days of the ordered product(s) receipt, the Product(s) to Excellia Consult at the following address: 32-34 Route de Luxembourg, L-8440 Steinfort, accompanied by the duly completed and signed return form which will be sent to him by e-mail following his/her email to the commercial department.
In the event of a depreciation of the product resulting from a manipulation other than the necessary action to establish the nature, characteristics and eventually the correct functioning of the product, Excellia Consult reserves the right to refuse the refund or exchange of the product. Excellia Consult will not make any refund if the products returned by the customer do not correspond to the product(s) ordered or would have an origin other than the amateracosmetics.com online shop.
Excellia Consult makes available to the customer a transport label that allows to return the products by sticking the Label on the return package. In all cases, the burden of proof lies with the Customer.
It is also the buyer’s responsibility to notify Excellia Consult by registered letter addressed to his registered office within 72 hours of the return of the products. The latter will insure with the carrier the reservations made on the delivery note. Compensation will be in accordance with the general terms and conditions of the carrier.
In any event, the parties undertake to seek, as a matter of priority, a friendly solution prior to any legal action.
4.5 Reimbursement of the order
Excellia Consult will reimburse the returned products in accordance with the conditions set out in points 4.4 except for the delivery fees paid by the customer by credit card. The refund will be made within a maximum period of fourteen (14) days following the product(s) return.
Article 5: Disputes and right of withdrawal
Each customer has a period of seven (7) clear days to retract from the receipt of the order or in case of the lack on the provision date indicated by the carrier.
Article 6: Limitation of guarantee and liability
The following are considered to be cases of force majeure – and without this list being exhaustive – relieving Excellia Consult of any responsibility for delivery: war, riots, industrial disputes, accidents, fire, strikes and lock-outs, floods, natural disasters, transport delays, inability to obtain supplies, equipment shortages, tool failures, laws, regulations or orders or any cause beyond the control of the seller.
Article 7: Non-compliance
The customer is invited to verify the conformity of the products received in execution of his order and, in the event of a defect, to contact the customer service of the amateracosmeticsonline shop which will ensure its support by indicating the conditions of return, replacement or refund.
Excellia Consult will, if necessary, perform the replacement of the returned product after receipt and examination of the product in question.
Our products can be subjected to variations of for example aspect, weight, following imponderables (notably the action of temperature). Thus no guarantee can be given in relation to the texture or the appearance of the products. Our products are safe and usable when handed over to carriers. Our warehouses benefit from storage conditions adapted to the good preservation of the products.
We recommend to store the products in a healthy place, away from light, sun, frost and rain and without sudden temperature changes.
Excellia Consult can not be held responsible for the non-performance of one of its obligations if the improper performance of the contract results from a case of force majeure, caused by the Client or the unpredictable and insurmountable fact of a third party contract.
Article 8: Personal data
8.1 Right to access
The customer has the right to access and rectify the personal data concerning him in accordance with the applicable regulations. The Customer who uses the amateracosmetics online store site is aware and fully informed of the processing of his/her personal data and declares that all the information (s)he provides to Excellia Consult is accurate and real.
8.3. Web Beacons
Some web pages on the Site may contain web beacons that allow us to count the number of visitors to the Site and / or provide Excellia Consult with a number of indicators.
These Web Beacons can be used with some of our partners, in particular to measure and improve the effectiveness of the Site.
In any case, the information obtained via these tags is strictly anonymous and merely collects statistics on the use of certain pages of the Site, in order to better serve the Customers of our Site.
Article 9: Intellectual Property
Excellia Consult is the holder of the domain name “www.amateracosmetics.com”. The Site is a creation work protected by the intellectual property laws. The Site as a whole, as well as the products sold therein, and each of its intellectual property (such as animations, trees, illustrations, drawings, software, logos, trademarks, models, photographs) are the exclusive property of Excellia Consult. Excellia Consult is solely entitled to use the intellectual property rights and all rights related to the amatera trademark.
Consequently, Excellia Consult will start lawsuits, in particular infringement proceedings, against all those who directly or indirectly infringe its rights.
All the elements of the site are the intellectual property of Excellia Consult and are protected by the laws on intellectual property, in particular the modified law of 18 April 2001 on copyright, neighbouring rights, databases and the Benelux Convention on the intellectual property.
The use of all or part of the Site, in particular by downloading, reproduction, transmission, representation or dissemination for other purposes than for your personal and private use for commercial or non commercial purposes is strictly prohibited. The infringement of these provisions makes you liable for the penalties provided for by law.
When you use a “Share” function offered on the Site to discover a product, event or communication of the brand amatera, you acknowledge and agree that the shared content should only be used in the context of a purely personal use, to the exclusion of any commercial use on websites or web pages and / or any other digital media for commercial purposes.
The creation of hypertext links to the Site can only be done with the prior written authorisation of Excellia Consult, which authorisation can be revoked at any time.
All sites with a hyperlink to the Site are not under the control of Excellia Consult and Excellia Consult therefore disclaims any responsibility (including editorial responsibility) for access and content to such sites.
Excellia Consult is free to modify, at any time and without notice, the content of the Site.
Article 10: Applicable law
These terms are established in accordance with Luxembourg law and those relating to electronic sales. The Luxembourg courts shall have jurisdiction over any dispute relating to the Site, with the exception of rules of special jurisdiction, in particular in the event of a dispute with a consumer.
The information collected on the site is intended for Excellia Consult.
All trademarks belong to their respective owners.
The pictures of general illustration of the sites are the property of the company Excellia Consult.
Last updated: March 2018