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Terms and Conditions of Sale
Terms and conditions of sale translated from the French version. (Go to the original version)
Article 1: Definitions
The terms used herein shall have the following meanings in these General Terms and Conditions:
“CLIENT”: refers to the contracting party of the SELLER, who guarantees to have the status of a consumer as defined by French law and jurisprudence. Accordingly, it is expressly provided that this CLIENT is acting outside any usual or commercial activity.
“DELIVERY”: refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated during the order.
“PRODUCTS”: refers to all products available on the SITE.
“TERRITORY”: refers to metropolitan France (excluding overseas territories).
These general terms and conditions of sale (hereinafter the “General Terms and Conditions”) apply to any purchase made by an internet user/individual (hereinafter the “CLIENT”) on the website www.ziasbeauties.com (hereinafter the “SITE”) from Zia’s Beauties SASU registered with the Strasbourg Trade and Companies Register under number 949574834 R.C.S. Strasbourg, with its registered office at 19, Rue des Orfèvres 67800 Bischheim, France, Tel: +33 671 605 222, email: contact@ziasbeauties.com (hereinafter the “SELLER”).
IMPORTANT: Any order placed on the SITE necessarily implies the CLIENT’s unconditional acceptance of these general terms and conditions of sale.
Article 2: Acceptance of the general terms and conditions
The CLIENT undertakes to carefully read these General Terms and Conditions and accept them before making payment for an order of PRODUCTS placed on the SITE.
These General Terms and Conditions are referenced at the bottom of each page of the SITE through a link and must be consulted before placing the order. The CLIENT is invited to carefully read, download, print the General Terms and Conditions, and retain a copy thereof.
The SELLER advises the CLIENT to read the General Terms and Conditions for each new order, as the latest version of said Conditions shall apply to any new order of PRODUCTS.
By clicking the first button to place the order and then the second button to confirm said order, the CLIENT acknowledges having read, understood, and accepted the General Terms and Conditions without limitation or condition.
Article 3: Purchase of products on the website
To purchase a PRODUCT, the CLIENT must be at least 18 years old and have legal capacity or, if a minor, be able to justify the agreement of their legal representatives.
The CLIENT will be asked to provide information allowing for identification by completing the form available on the SITE. The asterisk (*) indicates mandatory fields that must be completed for the CLIENT’s order to be processed by the SELLER. The CLIENT can check the status of their order on the SITE. Delivery tracking, if applicable, can be done using the online tracking tools of certain carriers.
The CLIENT can also contact the SELLER’s customer service at any time by email at contact@ziasbeauties.com to obtain information about the status of their order. The information provided by the CLIENT to the SELLER during an order must be complete, accurate, and up to date. The SELLER reserves the right to request that the CLIENT confirm their identity, eligibility, and the information provided by any appropriate means.
Article 4: Orders
Article 4.1: Product Characteristics
The SELLER strives to present the main characteristics of the PRODUCTS as clearly as possible (on the information sheets available on the WEBSITE) and the mandatory information that the CUSTOMER must receive under applicable law (in these General Conditions). The CUSTOMER undertakes to carefully read this information before placing an order on the WEBSITE. The SELLER reserves the right to modify the selection of PRODUCTS available on the WEBSITE, especially based on constraints related to its suppliers. Unless expressly stated otherwise on the WEBSITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and applicable standards in France.
Article 4.2: Ordering Procedure
PRODUCT orders are directly placed on the WEBSITE. To place an order, the CUSTOMER must follow the steps described below (please note that depending on the CUSTOMER’s homepage, the steps may slightly vary).
4.2.1. Product Selection and Purchase Options
The CUSTOMER must select the desired PRODUCT(s) by clicking on the respective PRODUCT(s) and choosing the desired characteristics and quantities. Once the PRODUCT is selected, it is placed in the CUSTOMER’s cart. The CUSTOMER can then add as many PRODUCTS as desired to the cart.
4.2.2. Orders
Once the PRODUCTS are selected and placed in the cart, the CUSTOMER must click on the cart and verify that the content of the order is correct. If the CUSTOMER has not done so yet, they will then be prompted to log in or register. Once the CUSTOMER has validated the cart’s content and has logged in/registered, a pre-filled online form will be displayed, summarizing the price, applicable taxes, and, if applicable, delivery fees. The CUSTOMER is invited to verify the content of the order (including quantity, characteristics, and references of the ordered PRODUCTS, billing address, payment method, and price) before validating its content. The CUSTOMER can then proceed with the payment of the PRODUCTS by following the instructions on the WEBSITE and providing all necessary information for billing and delivery of the PRODUCTS. For PRODUCTS with available options, specific references appear when the correct options have been selected. Placed orders must include all necessary information for proper order processing. The CUSTOMER must also select the chosen delivery method.
4.2.3. Acknowledgment of Receipt
Once all the aforementioned steps have been completed, a page will appear on the WEBSITE to acknowledge the receipt of the CUSTOMER’s order. A copy of the order acknowledgment will be automatically sent to the CUSTOMER via email, provided that the email address provided through the registration form is correct. The SELLER does not send any order confirmation by postal mail or fax.
4.2.4. Invoicing
During the order process, the CUSTOMER must enter the necessary information for invoicing (the (*) symbol indicates mandatory fields that must be completed for the CUSTOMER’s order to be processed by the SELLER). The CUSTOMER must clearly indicate all information related to delivery, particularly the precise delivery address, as well as any access codes relevant to the delivery address. The CUSTOMER must then specify the chosen method of payment. Neither the online order form established by the CUSTOMER nor the order acknowledgment sent by the SELLER via email constitutes an invoice. Regardless of the order or payment method used, the CUSTOMER will receive the original invoice upon delivery of the PRODUCTS, either inside the package or via email.
4.3. Order Date
The order date is the date on which the SELLER acknowledges the receipt of the order online. The processing and delivery times indicated on the WEBSITE only begin to run from this date.
4.4. Prices
The prices indicated on Zia’s Beauties website are in euros (€) and are subject to the applicable VAT in France. Shipping costs will be added to the total amount of the order. Payments can be made by credit card, bank transfer, or any other accepted payment method on our site. The applicable VAT rate is expressed as a percentage of the sold PRODUCT’s value. The prices from the SELLER’s suppliers are subject to change. Therefore, the prices indicated on the WEBSITE may change. They can also be modified in case of special offers or sales. The indicated prices are valid, except in the case of a manifest error. The applicable price is the one indicated on the WEBSITE at the date the order is placed by the CUSTOMER.
4.5. Product Availability
Depending on the respective PRODUCT, the SELLER applies a “just-in-time” stock management. Therefore, the availability of the PRODUCTS depends on the SELLER’s stocks. The SELLER undertakes to honor orders received as long as the PRODUCTS are available. The unavailability of a PRODUCT is generally indicated on the respective PRODUCT page. CUSTOMERS may also be informed of PRODUCT restocking by the SELLER. In any case, if unavailability has not been indicated at the time of ordering, the SELLER undertakes to promptly inform the CUSTOMER if the PRODUCT is unavailable. Upon the CUSTOMER’s request, the SELLER may: 1) offer to ship all PRODUCTS as soon as the out-of-stock PRODUCTS are available again, 2) proceed with a partial shipment of the available PRODUCTS initially and then ship the remaining part of the order when the other PRODUCTS are available, subject to clear information regarding additional transportation costs that may apply, or 3) propose an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER. If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, they will be refunded all amounts paid for the unavailable PRODUCTS within thirty (30) days of payment.
Article 5: Proof and Archiving
Any contract concluded with the CUSTOMER corresponding to an order amount exceeding 120 euros, including taxes, will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code. The SELLER agrees to archive this information to ensure transaction monitoring and to produce a copy of the contract upon request from the CUSTOMER. In the event of a dispute, the SELLER has the possibility to prove that its electronic tracking system is reliable and guarantees the integrity of the transaction.
Article 6: Transfer of Ownership
The SELLER remains the owner of the delivered PRODUCTS until their full payment by the CUSTOMER.
The above provisions do not prevent the transfer to the CUSTOMER, upon receipt by them or by a third party designated by them other than the carrier, of the risks of loss or damage of the PRODUCTS subject to the reservation of ownership, as well as the risks of damage they may cause.
Article 7: Delivery
7.1 Delivery Zone
We offer deliveries within the EU and in most countries outside the EU. Delivery times may vary depending on the destination. Shipping costs are indicated during the ordering process.
7.2 Shipping Time
The timeframes for preparing an order, generating an invoice, and shipping the PRODUCTS in stock are mentioned on the SITE. These timeframes exclude weekends and holidays.
An email notification will be automatically sent to the CUSTOMER upon the shipment of the PRODUCTS, provided that the email address provided in the registration form is correct.
7.3 Delivery Time & Fees
During the ordering process, the SELLER will inform the CUSTOMER about the possible delivery timeframes and shipping options for the purchased PRODUCTS.
Shipping costs are calculated based on the chosen delivery method. The CUSTOMER shall be responsible for paying these costs in addition to the price of the purchased PRODUCTS.
The details regarding delivery timeframes and fees are outlined on the SITE.
7.4 Delivery Methods
The package will be handed over to the CUSTOMER upon signature and presentation of an identification document.
In case of absence, a notice will be left for the CUSTOMER, allowing them to pick up the package at their local post office.
7.5 Delivery Issues
The CUSTOMER will be informed of the scheduled delivery date when selecting the carrier at the end of the online ordering process, prior to confirming the order.
It is specified that deliveries will be made within a maximum of thirty (30) days. If delivery is not made within this period, the CUSTOMER must notify the SELLER in writing to deliver within a reasonable additional time, and in case of non-delivery within this additional time, the CUSTOMER may terminate the contract.
The SELLER will reimburse, without undue delay from the receipt of the termination letter, the total amount paid by the CUSTOMER for the PRODUCTS, including taxes and delivery fees, using the same payment method used by the CUSTOMER to purchase the PRODUCTS.
El VENDEDOR es responsable de los PRODUCTOS hasta su entrega al CLIENTE. El VENDEDOR recuerda que en el momento en que el CLIENTE toma posesión físicamente de los productos, los riesgos de pérdida o daño de los productos se transfieren al CLIENTE. El CLIENTE dispone de un plazo de tres (3) días para comunicar al transportista los daños o pérdidas parciales que observe durante la entrega.
Article 8: Right of Withdrawal
The details of the right of withdrawal are outlined in “Our Returns, Refunds, and Cancellation Policy,” available in Appendix 1 of these terms and accessible at the bottom of each page on the SITE via a hyperlink https://ziasbeauties.com/ fr/términos-y-condiciones/version-francesa.
Article 9: Payment
9.1 Payment Methods
The CUSTOMER can pay for their PRODUCTS online on the SITE using the payment methods offered by the SELLER.
The CUSTOMER guarantees to the SELLER that they have all the necessary authorizations to use the chosen payment method.
The SELLER will take all necessary measures to ensure the security and confidentiality of the data transmitted online for online payment on the SITE.
It is clarified that all payment-related information provided on the SITE is transmitted to the SITE’s bank and is not processed on the SITE itself.
9.2 Payment Date
In the case of a one-time payment by credit card, the CUSTOMER’s account will be debited upon placing the order for the PRODUCTS on the SITE.
In the case of partial delivery, the total amount will be debited from the CUSTOMER’s account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these General Terms and Conditions.
9.3 Delay or Refusal of Payment
If the bank refuses to debit a card or other payment method, the CUSTOMER must contact the SELLER’s Customer Service to arrange payment for the order using another valid payment method.
In the event that, for any reason whatsoever, opposition, refusal, or other, the transmission of the money owed by the CUSTOMER becomes impossible, the order will be canceled, and the sale automatically terminated.
Article 10: Warranties
10.1 Compliance Warranty
The SELLER is obligated to deliver a PRODUCT that is in conformity, meaning it is fit for the intended use of a similar good and corresponds to the description provided on the SITE. This conformity also implies that the PRODUCT has the qualities that a buyer can legitimately expect based on the SELLER’s public statements, including advertisements and labels.
In this context, the SELLER may be held responsible for any lack of conformity existing at the time of delivery and for any lack of conformity resulting from the packaging, assembly instructions, or installation when it is their responsibility or carried out under their supervision.
The action resulting from the lack of conformity is subject to a two (2) year statute of limitations from the date of delivery of the PRODUCT.
In case of lack of conformity, the CUSTOMER may request the repair or replacement of the PRODUCT, at their choice. However, if the cost of the CUSTOMER’s choice is clearly disproportionate compared to the other option available, considering the value of the PRODUCT or the significance of the defect, the SELLER may proceed with a refund without following the option chosen by the CUSTOMER.
In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receiving the returned PRODUCT, in exchange for the return of the PRODUCT by the CUSTOMER to the following address: Zia’s Beauties, 19 rue de Orfèvres, 67800 Bischheim – France.
Furthermore, the CUSTOMER is exempted from providing evidence of the existence of the lack of conformity of the PRODUCT during the six (6) months following the delivery of the goods.
It is clarified that this legal conformity warranty applies independently of any commercial warranty granted, if any, on the PRODUCTS.
10.2 Warranty for Hidden Defects
The SELLER is liable for hidden defects in the sold PRODUCT that render it unfit for its intended use or that so impair its use that the CUSTOMER would not have acquired it or would have given it a lesser price had they known about the defects.
This warranty allows the CUSTOMER, who can prove the existence of a hidden defect, to choose between reimbursement of the price of the PRODUCT if returned or reimbursement of a portion of the price if the PRODUCT is not returned.
In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receiving the returned PRODUCT, in exchange for the return of the PRODUCT by the CUSTOMER to the following address: Zia’s Beauties, 19 rue de Orfèvres, 67800 Bischheim – France.
The action resulting from hidden defects must be initiated by the CUSTOMER within a period of two (2) years from the discovery of the defect.
Article 11: Liability
The SELLER shall not be held liable under any circumstances for non-performance or improper performance of contractual obligations attributable to the CUSTOMER, particularly during the order process.
The SELLER shall not be held responsible or considered in breach of the present terms and conditions for any delay or failure in performance when such delay or failure is due to a force majeure event as defined by French court rulings.
Furthermore, it is specified that the SELLER does not control the websites directly or indirectly linked to the SITE. Consequently, the SELLER assumes no liability for the information published on those websites. Links to third-party websites are provided for informational purposes only, and no guarantee is given regarding their content.
Article 12: Personal Data
The SELLER collects personal data concerning its Customers on the SITE, including through the use of cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER’s account, analyze orders, and, if the CUSTOMER has chosen this option, send commercial prospecting correspondence, newsletters, promotional offers, and/or information about special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CUSTOMER’s data is kept confidential by the SELLER in accordance with its declaration to the CNIL (French National Commission for Data Protection) for the purposes of the contract, its performance, and compliance with the law.
CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each email offer received.
The data may be communicated, in whole or in part, to the SELLER’s service providers involved in the order process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its business partners, provided that they have given their prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish to have their personal data disclosed. CUSTOMERS can change their mind at any time on the SITE or by contacting the SELLER.
In accordance with the French law n°78-17 of January 6, 1978 relating to data protection, files, and freedoms, the CUSTOMER has the right to access, rectify, object (for legitimate reasons), and delete their personal data. This right can be exercised by sending an email to ziasbeauties@gmail.com or by sending a letter to Zia’s Beauties, 19 rue des Orfèvres, 67800 Bischheim, France.
It is specified that the CUSTOMER must be able to prove their identity, either by scanning an identification document or by sending the SELLER a photocopy of their identification document.
Article 13: Complaints
Any written complaint from the CUSTOMER must be sent to the following address: Zia’s Beauties SASU, 19 rue des Orfèvres, 67800 Bischheim, France, or ziasbeauties@gmail.com.
Article 14: Intellectual Property
All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark, and/or patent laws.
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hyperlink to the SITE must request written authorization from the SELLER.
Such authorization from the SELLER will never be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the SITE using techniques such as framing or in-line linking are strictly prohibited.
Article 15: Validity of the General Conditions
Any modification of the current legislation or regulations, or any decision by a competent court invalidating one or more clauses of these General Conditions, shall not affect the validity of the present General Conditions. Such modification or decision shall in no way authorize CUSTOMERS to disregard these General Conditions.
Any condition not expressly addressed in these General Conditions shall be governed by the customary practices of the retail sector for companies headquartered in France.
Article 16: Modification of the General Conditions
These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Conditions are precisely dated and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
Modifications to the General Conditions shall not apply to PRODUCTS already purchased.
Article 17: Jurisdiction and Applicable Law
These General Conditions, as well as the relationship between the CUSTOMER and the SELLER, are governed by French law.
In the event of a dispute, only French courts shall have jurisdiction.
However, before resorting to arbitration or state courts, negotiation in a spirit of loyalty and good faith with a view to reaching an amicable agreement shall be given priority in the event of any conflict related to this contract, including its validity.
The party wishing to initiate the negotiation process must inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If, after a period of fifteen (15) days, the parties fail to reach an agreement, the dispute shall be submitted to the competent jurisdiction designated below.
During the entire negotiation process and until its conclusion, the parties undertake not to take any legal action against each other regarding the conflict subject to negotiation. However, the parties are authorized to bring a summary proceeding or request an ex parte order. Taking action before a summary court or implementing an ex parte procedure shall not constitute a waiver by the parties of the amicable settlement clause, unless expressly stated otherwise.