Terms of sale

Article 1. About Us

These sales conditions are applicable to the trading website www.manucurist.com managed by Manucurist with a share capital of €156,450.00 and registered address in 19 rue d'Enghien, 75010 Paris, France, registered in the Companies Register for PARIS under number 813646429 (hereinafter, the "Seller") which markets products to consumers and buyers (hereinafter, the "Customer").

In using this site, you declare that you know and accept these conditions.

The customer service number of Manucurist is: +33 01 43 13 33 50 (charged as a local call).

Last date of updating the GSC: October 2019

Article 2. Purpose

The purpose of these sales conditions is to define the contractual relationships between Manucurist and the Buyer and the conditions applicable to all purchases made through the website www.manucurist.com.

Buying any product through this website implies unreserved acceptance of these sales conditions which the buyer states he or she is aware of and accepts before placing their order.

Before any transaction, the Buyer declares on the one hand, that the purchasing of products on the website www.manucurist.com is not directly linked to their professional activity and is limited strictly to personal use and, on the other, that they have full legal capacity to be bound by the terms of with these general sales conditions.

The Company Manucurist reserves the right to modify these sales conditions at any time in order to comply with any new regulation or with the intention of improving the usage of its website. Therefore, the conditions that apply shall be those in force on the date of the order placed by the buyer.

Definitions:

"User" means any natural person or legal entity using this Website.

"Buyer or Buyers" means any Consumer who places an Order for a Product sold on the Website;

"Order" means any order made by the User on this Website and registered to this end on the Website;

"General Sales Conditions or GSC" means these general online sales conditions;

"Products" means material objects that can be aquired and which are offered for sale on this Website;

"Website" means this Website, i.e., www.manucurist.com;

"Company" means the Company Manucurist, described at greater length in article 1 of this document.

Article 3. Products

The Products offered are those appearing on the Website, within the limit of the stock available. The Company reserves the right to modify the range of products at any time. Each product is presented on the Website in the form of a description of its main technical characteristics (capacity, use, composition). The photos are as accurate as possible but the Seller shall not be liable in this respect. The sale of the products on offer on the Website www.manucurist.com is intended for all buyers residing in countries that fully authorise entry of these products into their territory.

Article 4. Price and VAT

The prices of the products are as shown on the website on the day the client views them. The prices of the products are given in euros and are understood to include all taxes and exclude delivery costs which shall be borne by the client unless stated otherwise or subject to special conditions. European Community countries are taxed at the VAT rate in force. Other countries are exempt and pay customs duties for entry into the territory. Taxes are calculated automatically by the system.

Article 5. Order Process

Users place an order by going through the following six steps:

Step 1. Create a client account or log in using your username and password.

Step 2. Add the selected Product(s) to your basket. You can access your basket at any time to change or confirm your order.

Step 3. Check the contents of your basket and confirm your order.

Step 4. Access your account to confirm and complete the required delivery details. If the customer does not already have an account with the Website, they create a customer account and fill in the required identification information.

Step 5. On the order preview page, expressly accept the Website's general sales conditions. Step 6. Finally, the customer will be redirected to the secure online payment site to validate the payment. The customer's final acceptance therefore takes place by validating their bank details (bank card number, expiry date and CVV number). The placing of an order by a customer implies their full, unreserved acceptance of these general sales conditions.


Order confirmation:

Once your order has been placed, you will receive an email confirming your order indicating the registration of your order, a breakdown of the items ordered, your personal data including the delivery address and the delivery method. Payment via cash on delivery or postal order is not accepted.

Tracking of orders:

To track the progress of your order, go to "My account" in the online catalogue. Once you have logged in, you'll be able to check the status of your orders. - "Payment accepted": your order has been registered on our server but has not yet been processed. - "Processing under way": your order is being processed at our offices. - "Handed over to the postal service": Your order has just been handed over to the postal service or Chronopost.


Saving of orders:

Your basket is saved and kept for you to order later for a period of 30 days, in case of any interruption in your internet connection. The details of your order are saved in accordance with article L.134-2 of the Consumer Code, for a period of ten years on a secure server. However, no credit card numbers are saved. Customers accept that order confirmation will be considered as proof of the contractual relationship created between the Parties.

Article 6. Secure Payment

MANUCURIST has a secure payment system in place for all orders made through the e-boutique www.manucurist.com

Customers can pay for their orders using various different payment methods:

Credit/Debit Card:

Visa, MasterCard or CB cards. When orders are made, all credit/debit card numbers are encrypted by the software using 128 bit encryption. Orders to be delivered outside of mainland France can only be paid for using a credit/debit card. Secure payment.

Via PayPal:

Your payments are made directly on PayPal's website via the encrypted pages using SSL (Secure Socket Layer) protocol. At no point does www.manucurist.com have access to your bank details.

Article 7. Delivery Times and Customs Duties

Customers will be informed by email of the delivery of the package, including the tracking number. Customs duties are calculated automatically at the end of your order depending on the delivery address.

Delivery to FRANCE, MONACO:

Standard delivery - €6.40
Colissimo, 2 to 4 working days. Delivery free for orders over €39

Delivery to pick-up point - €5.40
Colissimo, 2 to 4 working days. Delivery free for orders over €39

Chronopost 24h - €12.40
Orders registered between 11am are processed and shipped the same day via Chronopost for delivery the following day by 1pm (except Saturday, Sunday and bank holidays). If your order is confirmed after 11am, it will be shipped the following day with 24h delivery.

Delivery to French overseas territories:

Standard delivery - €25
Colissimo, 5 to 10 working days. Delivery free for orders over €79

Delivery to EUROPE:

Standard delivery - from €9
Tariffs and delivery times vary depending on the destination country
Delivery in 3 to 8 working days. Delivery free for orders over €79

Delivery to MAGHREB (Algeria, Tunisia, Morocco):

Standard delivery - €15
Delivery times vary depending on the destination country
Delivery in 6 to 10 working days. Delivery free for orders over €79

Delivery to REST OF WORLD:

Standard delivery - €25
Delivery times vary depending on the destination country
Delivery in 6 to 10 working days. Delivery free for orders over €79

Article 8. Retention of Ownership

The company Manucurist retains full ownership of the products sold until the price is received in full, including costs and taxes.

Article 9. Discrepancies regarding Delivery

Upon receiving their order, customers must check the compliance and condition of their order and make any relevant remarks concerning any apparent defects (missing product, damaged packaging).

The merchandise is transported under the customer's responsibility. Customers should refuse any package with irregularities or whose appearance might indicate a partial or total deterioration or theft of the merchandise. In the event of returns using the mail service as a result of refusal due to the deterioration of the package, the order will be re-shipped in good condition and at no extra cost to the customer.

Customers must notify by email any mistake, irregularity or defect in the items received and within 48 hours of receipt of the package. The telephone service +33 01 43 13 33 50 does not deal with logistical problems. Please send an email to hello@manucurist.com specifying the reason for your complaint with your Internet order No.

Should your package be returned because you were absent from your address or it was not collected from the Post Office within 15 days, the package will either be reshipped for a flat fee of €15 or reimbursed.

Article 10. Cancellation

Pursuant to article L121-20 of the Consumer Code, Buyers have a fourteen-day cancellation period from the delivery of their order to exercise their right of cancellation and return the product to the Seller in exchange for a refund without any cancellation fee, except for the costs of returning the item.

To return a product, please contact the customer service department and request a free Colissimo returns label. Don't forget to include: - - a copy of the invoice - - the faulty product or item, in the correct packaging.

- the returns form duly filled in and signed. (available as an annex to these conditions)

Items must be returned in their original packaging without having been used and with the specified documentation. Items returned by the customer incomplete, ruined, damaged or dirty will not be accepted.

Exchanges:

Products ordered from the online boutique cannot be exchanged at a centre or point of sale that distributes MANUCURIST products.

Refunds:

a. If the customer has already received their order:

Within the 14 day cancellation period, MANUCURIST will refund all payments received for the order, including the delivery fee, within 8 days of the customer's request. However, MANUCURIST reserves the right to defer the refund until all the returned products have been received. The refund will be made by crediting the customer's bank account associated to the bank card used to pay for the order or to the PAYPAL account if the order was paid for via PAYPAL.

b. If the order has not yet been shipped:

Within the 14 day cancellation period, MANUCURIST will refund all payments received for the order without excessive delay and in any case, within 8 days of the customer's request. In the event of the partial return of the products ordered or an error in the customer's delivery address, the initial delivery costs will not be refunded.

c. Promotional offers:

Customers may benefit from a conditional promotional offer on the Website, allowing them to obtain a discount. When a customer returns only part of the items that allowed them to benefit from the promotional offer, they will be refunded an amount equivalent to the price of the returned product less the amount of the discount applied initially, which the customer is not entitled to claim.

Likewise, customers may benefit from a gift for purchasing one or more products. Should the customer return this product or part of these products, they will also have to return the gift they received.

Article 11. Warranty

In accordance with the legal provisions in force in relation to the conformity of the goods with the contract in terms of hidden defects (included as an annex to these conditions, click here) to be FILLED IN. In the event of the non- conformity of the product sold, this may be returned to Manucurist, who will receive it, exchange it or issue a refund within a maximum of two years from the delivery of the goods. The company will also refund all return postage costs upon simple presentation of the supporting documentation.

All claims and requests for exchanges or refunds must be made by post to the following address: Manucurist, 19 rue d'Enghien, 75010 Paris, France, or by contacting customer service on: (+33) 01 43 13 33 50 (charged as a local call).

Buyers can opt to enforce the warranty in relation to hidden defects in the product purchased in accordance with article 1641 of the Civil Code. In this respect, they can also choose between cancelling the sale or a reduction in the sales price in accordance with article 1644 of the Civil Code.

Refunds on Products considered non-compliant or faulty will be carried out as swiftly as possible and at the latest within fourteen (14) days of verification of the non-compliance or hidden defect by the Seller. The refund will be made via credit to the Customer's bank account or into their PayPal account.

The Seller shall not be liable if customers fail to respect the legislation of the country to which the Products are delivered, the verification of which is the responsibility of the Customer, or in the event of misuse, negligence or lack of maintenance on the part of the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.

The Seller's warranty is, in any case, limited to the replacement or refunding of any non-compliant or faulty Products.

The replacement of the Products does not extend the term of the warranty.

Products that have been altered, repaired, added to or incorporated into others by the buyer are excluded from the warranty. The warranty does not apply to visible defects. The warranty does not cover products damaged during transportation or misused.

Implementation of the Warranty:

In the case of a legal warranty of compliance, the Buyer:

Has a period of two years from delivery of the goods to act;

Can choose between the repair or replacement of the product, subject to the cost conditions set out in article L217-9 of the Consumer Code;

Is not required to provide proof of the existence of the non-compliance of the goods during the six months following delivery of the goods. On 18 March, 2016, this period was extended to twenty-four months except for second-hand goods.

The legal warranty of conformity is applicable independently of any commercial warranty that might cover the Product. Customers can decide to implement the warranty on hidden product defects in accordance with article 1641 of the Civil Code; in this case, they can choose between the cancellation of the sale or a reduction in the sales price in accordance with article 1644 of the Civil Code.

Article 12. Liability

In the online sales process, Manucurist is only bound by an obligation of means. It shall not be liable for any damage resulting from the use of the Internet such as a loss of data, intrusion, viruses, service interruption or other unintentional problems.

Article 13. Intellectual Property

All elements of the Website are and shall remain the exclusive intellectual property of the company Manucurist. Users are not authorised to reproduce or use elements of the Website through any means whether through photos, logos, visuals or text.

Article 14. Personal Data

Manucurist undertakes to maintain the confidentiality of any information the Buyer is required to provide for the use of certain services. All user data is subject to the provisions of law no. 78-17, of 6 January 1978, and European Regulation 2016/679. To this end, internet users have the rights of access, modification and erasure of the information in relation thereto. They can make such a request by email to the following email address: hello@manucurist.com. Manucurist processes consumers' data in accordance with its Confidentiality Policy. (URL to be defined)

Article 15. Applicable Law

These online sales conditions are subject to French law.

Annex

Provisions in relation to legal warranties

Article L.211-5 of the Consumer Code: "To be compliant with the contract, goods must:

1. Be suitable for the normal use expected of a similar item and, if applicable:

- match the description given by the seller and contain the features presented to the buyer as a sample or model;

- have the qualities that a buyer might reasonably expect given the public statements made by the seller, the manufacturer or his representative, particularly in advertising or labelling;

2. Either match the features defined by mutual agreement between the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.”


Article L.217-4 of the Consumer Code: "The seller is delivering an item according to the contract and is liable for any lack of compliance existing at the time of delivery.

It is also liable for any non-compliance in relation to the packaging, assembly instructions or installation when it was covered by the contract or was performed under its responsibility.”

Article L.217-9 of the Consumer Code: " In case of non-compliance, the buyer shall choose to have the item repaired or replaced.

Nonetheless, the seller is not obliged to proceed according to the choice of the buyer if that choice implies a patently disproportionate cost compared to the other option, taking into account the value of the item and the significance of the fault. In this case it shall then proceed to carry out the option not chosen by the buyer, unless this is impossible. "

Article L.217-12 of the Consumer Code: "The possibility of taking action in relation to any non-compliance expires after two years of delivery of the item. "

Article L.217-16 of the Consumer Code: "When the buyer requests that the seller makes a rectification covered by the warranty during the validity of the commercial warranty given at the time of purchase or repair of an item, any stoppage time of seven days or more shall be added to the remaining duration of the warranty. This period shall run from the request for action by the buyer or when the item in question is made available for repair, if the latter takes place after the former. "

Article 1641 of the Civil Code: "The seller is bound by the warranty covering hidden defects in the product sold that make it unsuitable for the use for which it was intended, or that would diminish the use to such an extent that the buyer would not have acquired it, or would have paid less for it, had these defects been known.”

Article 1643 of the Civil Code: "It shall be liable for hidden defects, even if it was not aware of them, unless it should have been stipulated that it will not be obliged to provide any warranty."

Article 1644 of the Civil Code: "In the case of articles 1641 and 1643, the buyer has the option of returning the goods and receiving a refund, or keeping the goods and receiving a refund for part of the price, as decided by arbitration experts "

Article 1648, paragraph 1, of the Civil Code: "Any action as a result of unacceptable defects must be carried out by the buyer within a period of two years from discovery of the defect."

Returns Form