Terms of service

 

General Terms and Conditions

Effective date: [31/12/2021]

 

1. Object

 

The present general conditions of sale apply without restriction nor reserve to the whole of the on-line sales proposed by the company PASSIONE (UK) LTD on the website https://www.passionebeauty.com/en_gb (hereinafter the " Website ").
The Website is an e-commerce platform, which allows professional and consumer (hereinafter: "the Buyers") to acquire various cosmetic and beauty products, of different kinds, including nail care equipment, some of which are intended for exclusively professional use, offered for sale on the Website (hereinafter: "the Products").
The purpose of these general conditions is to define the terms and conditions of the online sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context.
They are accessible and printable at any time via a direct link on the footer of the Site.
The applicable version of the general terms and conditions is the one that can be consulted online on the Site at the date of the Buyer's order, a copy of which is sent to him/her with his/her order confirmation.
The present general conditions of sale prevail on all other general or particular conditions not expressly agreed by PASSIONE (UK) LTD.
They can be completed, if necessary, by particular conditions of use to some services offered on the Site, which complete the present general conditions and, in case of contradiction, prevail on these last ones.

 

2. Identity of the seller and contact

 

The Website is managed by the company PASSIONE (UK) LTD registered at the Company House with VAT n°396277054, whose head office is located at Centurion House, London Road, Staines-upon-Thames, TW18 4AX , United Kingdom   (hereafter: " PASSIONE UK "), which proposes the Products to the sale.
PASSIONE (UK) LTD can be contacted to the following coordinates, including any claim:
Postal address: [Centurion House, London Road, Staines-upon-Thames, TW18 4AX]
Telephone: [---]: [---]
E-mail address: [info_uk@passionebeauty.com]

 

3. Legal Standing and Acceptance of General Conditions

 

Legal Standing
The Website is accessible to : passionebeauty.com/en_gb

To any natural person with full legal capacity to commit to these general conditions. A natural person who does not have full legal capacity may only access the Website with the agreement of his/her legal representative.
Any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.

Acceptance of the general conditions
The acceptance of these general conditions by the Buyer is materialised by a box to be ticked in the order form. This acceptance can only be full and complete. Any conditional acceptance is considered null and void.

The Buyer who does not accept to be bound by these general conditions must not place an order on the Website.

 

4. Registering on the Website

 

Legal Standing
The Website is accessible to : passionebeauty.com/en_gb

To any natural person with full legal capacity to commit to these general conditions. A natural person who does not have full legal capacity may only access the Website with the agreement of his/her legal representative.
Any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.

Acceptance of the general conditions
The acceptance of these general conditions by the Buyer is materialised by a box to be ticked in the order form. This acceptance can only be full and complete. Any conditional acceptance is considered null and void.

The Buyer who does not accept to be bound by these general conditions must not place an order on the Website.

 

5. Characteristics of the Products

 

Legal Standing
The Website is accessible to : passionebeauty.com/en_gb

To any natural person with full legal capacity to commit to these general conditions. A natural person who does not have full legal capacity may only access the Website with the agreement of his/her legal representative.
Any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.

Acceptance of the general conditions
The acceptance of these general conditions by the Buyer is materialised by a box to be ticked in the order form. This acceptance can only be full and complete. Any conditional acceptance is considered null and void.

The Buyer who does not accept to be bound by these general conditions must not place an order on the Website.

 

6. Orders

 

Placement of order of Products intended only for professionals
When the Buyer selects Products, indicated on the Website, as being intended only for a professional use, PASSIONE UK asks to the Buyer to inform his/her number VAT number in order to be able to place these Products in his/her basket.
The Buyer then guarantees that:
these Products are intended to be used by professionals of the aesthetic or podiatric sector for the products of professional pedicure or, at least, under the supervision and the control of a professional of the sector;
the Buyer does not resell the Products bought to third parties to the present general conditions of sale, except previous written agreement of PASSIONE UK.

Common dispositions

To place an order, the Buyer must select the Product of his/her choice and place it in his/her basket.
He/she can access the summary of his/her basket at any time as long as the order is not definitively validated and can correct possible errors in the entered elements.
The order is considered received by PASSIONE UK when PASSIONE UK can access it.

Order confirmation

At the end of his/her order, the Buyer receives by email a confirmation which:
recapitulates the elements of the order (number of the order, essential specifications of the ordered Products...) and the foreseen delay for the delivery,
includes the general conditions in force on the day of the order,
includes the invoice corresponding to the order.
The Buyer must ensure that the contact details entered in his/her Account or communicated at the time of his/her order are correct and that they allow him/her to receive the order confirmation email. In the absence of reception of this one, the Buyer must contact PASSIONE UK to the coordinates mentioned in the article 2.
PASSIONE UK recommends the Buyer to keep the information contained in the order confirmation.
The order confirmation is considered received by the Buyer when he/she can access it.

 

7. Pricing and payment terms

 

Pricing

The sale prices of the Products are displayed on the Website.
They are indicated in euros, all taxes included (English VAT and other applicable taxes).
PASSIONE UK reserves the right, at its free discretion and according to modalities of which it will be the only judge, to propose promotional offers or price reductions.
The prices do not include the expenses of delivery possibly applicable to the delivery of the Products, invoiced in supplement of the price of these. The amount of the applicable delivery costs will be indicated before the validation of the order by the Buyer.
The applicable price is the one displayed on the Website at the time the Buyer's order is placed.

The full price of the Products is payable at the time of ordering.
Payment can be made online:
by credit card, through the secure online payment service indicated on the Website, by Paypal or by any other means which will be proposed on the Website at the time of the order.

The Buyer guarantees to PASSIONE UK that he/she has the necessary authorizations to use the chosen method of payment.
PASSIONE UK reserves the right to suspend or to cancel any order and/or delivery in case of non-payment of any sum which would be due by the Buyer, in case of incident of payment, or in case of fraud or attempt of fraud relative to the use of the Website.
Penalties of an amount equal to 1.5 times (one and a half times) the English legal interest rate shall be applicable by operation of law to unpaid amounts from the first presentation of a formal notice by registered letter with acknowledgement of receipt.

Invoicing

The Buyer may access the invoice corresponding to his/her order in his/her Personal Area.
Reserve of property
PASSIONE UK retains the full and entire property of the Products sold until the receipt and collection of the price, delivery costs included.

 

8. Delivery

 

Territory of delivery

Buyers are expressly informed that the Website only offers delivery of Products to the following countries:

England, Wales, Scottish Highlands 

Methods of delivery

The delivery of Products ordered on the Website is made to the address indicated at the time of the Buyer's order as the "delivery address" (which may be different from the billing address), which may only be located in one of the countries referred to in article 8.1 "Delivery territory".

The Buyer is informed before the validation of his/her order of the possible modes of delivery for the Products ordered as well as the time and costs corresponding to each of these modes.

Delivery times

Delivery is made within the time period indicated in the order confirmation email.

In defect of delivery in the above-mentioned delay, the Buyer can cancel the order, by registered letter with acknowledgement of receipt or by a writing on another durable support, if, after having enjoined PASSIONE UK, according to the same modalities, to carry out the delivery in a reasonable additional delay, it did not carry out itself in this delay.

The contract is considered as solved in the reception by PASSIONE UK of the letter or the writing informing them of its resolution, unless it was executed meanwhile.
In case of resolution of the contract according to the modalities above, the Buyer will be reimbursed of the totality of the sums which he/she will have paid, including the expenses of delivery, at the latest in the 14 (fourteen) days following the date to which the contract will have been denounced.
PASSIONE UK reserves the possibility in any case to approach the Buyer in order to propose him/her alternative solutions of refunding of the price of Products and expenses of delivery. The Buyer will have to express explicitly and on durable support his/her acceptance of the choice of an alternative mode of refunding.

 

9. Right of withdrawal

 

In the event that:

the Buyer is a consumer, the Buyer has the right to withdraw from the contract within 14 (fourteen) days from the date of receipt of the Products ordered, without having to justify his/her reasons or pay any penalties, with the exception of the cost of returning the Products, which shall be borne by the Buyer.

When the order concerns several Products delivered separately, the above-mentioned period runs from the date of receipt of the last Product.

The Buyer who wishes to exercise his right of retraction must send to PASSIONE UK to the coordinates mentioned in the article 2 of the present, before the expiration of the above mentioned delay, the retraction form annexed to the present general conditions duly completed, or a declaration clearly expressing the will of retracting and including his/her order number.

The Products must imperatively be returned to PASSIONE UK in their original packing, without excessive delay and at the latest in the 14 (fourteen) calendar days following the communication, by the Buyer, of his will to retract. They must be accompanied by a copy of the corresponding purchase invoice. The Buyer is considered responsible in case of deterioration of the Products during their return to PASSIONE UK.

The Buyer will be refunded as soon as possible and at the latest in the 14 (fourteen) days as from the date of effective reception by PASSIONE UK of the request of retraction of the totality of the sums paid for his/her/its order, deduction made if necessary of the expenses of return, which remain chargeable to the Buyer. PASSIONE UK reserves however the right to defer this refunding until the effective return of the Products.

 

10. Legal warranties

 

The Buyer benefits from the legal warranties of nonconformity as well as because of the hidden defects of the sold thing, including the defects of conformity resulting from the packaging of the Products ordered on the Website.

If the Buyer notices that the Product which was delivered to him/her presents a defect, a defect of conformity or is damaged, he/she has to inform PASSIONE UK to the coordinates mentioned in the article 2 of the present, by indicating him/her the nature of the defect, of the nonconformity or of the damage noticed and by sending him/her any useful proof, notably in the form of photograph(s).

PASSIONE UK will organize with the carrier of its choice the modalities of the return, of which it will inform the Buyer by any useful means. PASSIONE UK will support the expenses of this return.

The Products must imperatively be returned to PASSIONE UK in their original packing. They must be accompanied by the copy of the corresponding purchase invoice.

The returns of the Products not respecting the modalities described above cannot be taken into account.

PASSIONE UK will proceed to the necessary verifications and will propose to the Buyer the replacement of the Product as far as possible. If the replacement of the Product is impossible, PASSIONE UK will pay off to the Buyer the totality of the price paid for the Product as well as the corresponding expenses of delivery, by any useful means, as soon as possible and at the latest in the 14 (fourteen) days following the date to which PASSIONE UK will have informed him/her of the impossibility of replacing the Product.

It is reminded that, when he acts in legal warranty of conformity, every consumer:

- benefits from a period of 2 (two) years as from the delivery of the good to act;

- is exempted from bringing the proof of the cause of the defect of conformity of the good, nor of the date of its appearance or that its origin is imputable to PASSIONE UK, during the 24 (twenty-four) months following its delivery.

It is also reminded that the legal warranty of conformity applies independently of any commercial warranty possibly granted.

 

11. Obligations of the Buyers

 

The Purchasers are solely responsible for the use they make of the Products. It is their responsibility to verify the suitability of the Products for their specific needs prior to purchasing said Products.
They must also take the necessary measures to save by their own means the information in their Personal Space that they deem necessary, of which no copy will be provided.
Finally, it is the responsibility of the Purchasers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.

 

12. Responsibility of PASSIONE UK

 

PASSIONE UK makes a commitment to proceed regularly to controls in order to verify the functioning and the accessibility of the Website. For this reason, PASSIONE UK reserves the faculty to interrupt momentarily the access to the Website for reasons of maintenance. In the same way, PASSIONE UK would not know how to be held responsible for the difficulties or momentary impossibilities of access to the Website which would have for origin of the circumstances which are external to him, the force majeure, or which would be due to disturbances of the networks of telecommunication.

PASSIONE UK does not provide to the Buyer any guarantee as for the adaptation of the Products to his needs, expectations or constraints.

PASSIONE UK will not be able to be held for person in charge of the non-execution or the delay in the execution of the contracts of sale because of circumstances which are external to it, or of a case of absolute necessity, being expressly specified that are considered as case of absolute necessity, in addition to those which are usually retained by the jurisprudence of the English jurisdictions: exceptional weather conditions, natural disasters, fires and floods, lightning, attacks, breakdown or blockage of telecommunication networks, means of transport or postal services, including as a result of strikes, damage caused by viruses for which the security measures available on the market do not allow them to be eradicated, as well as any legal or regulatory obligation or public order imposed by the competent authorities which would have the effect of substantially modifying these general conditions.
In any case, the responsibility likely to be incurred by PASSIONE UK in conformance with the present is expressly limited to the only direct damages undergone by the Buyers.

 

13. Intellectual property

 

The systems, software, structures, infrastructures, data bases and contents of any nature (texts, images, visuals, music, logos, marks, data base, etc...) exploited by PASSIONE UK within the Website are protected by all rights of intellectual property or rights of the producers of data bases in force.
All disassemblies, decompilations, decryptions, retrievals, reuses, copies and more generally, all acts of reproduction, representation, diffusion and use of any of these elements, in all or in part, without the authorization of PASSIONE UK are strictly forbidden and can be the object of legal prosecution.

 

14. Personal data

 

PASSIONE UK practices a policy of protection of the personal data whose features are explained in the document entitled " Matter relative to the protection of personal data ", of which the Buyer is expressly invited to take knowledge.

 

15. Third Party Links and Sites

 

PASSIONE UK cannot in any case to be held responsible for technical availability of Internet websites or mobile apps exploited by third parties (including its possible partners) to which the Buyer would reach through the Website.
PASSIONE UK does not take any responsibility for the contents, advertisements, products and/or services available on websites and mobile apps of third parties where it is reminded that they are governed by their own conditions of use.
PASSIONE UK is not responsible either for the transactions intervened between the Buyer and an unspecified advertiser, professional or tradesman (including its possible partners) towards which the Buyer would be directed through the Website and would not be in no case party to some possible litigations that it is with these thirds concerning, in particular, the delivery of products and³ services, guarantees, declarations and other unspecified obligations to which these third parties are held responsible.

 

16. Prohibited conducts

 

PASSIONE UK cannot in any case to be held responsible for technical availability of Internet websites or mobile apps exploited by third parties (including its possible partners) to which the Buyer would reach through the Website.
PASSIONE UK does not take any responsibility for the contents, advertisements, products and/or services available on websites and mobile apps of third parties where it is reminded that they are governed by their own conditions of use.
PASSIONE UK is not responsible either for the transactions intervened between the Buyer and an unspecified advertiser, professional or tradesman (including its possible partners) towards which the Buyer would be directed through the Website and would not be in no case party to some possible litigations that it is with these thirds concerning, in particular, the delivery of products and³ services, guarantees, declarations and other unspecified obligations to which these third parties are held responsible.

 

17. Unsubscription

 

The Buyer can unsubscribe from the Website at any time, by sending a request to this matter to PASSIONE UK by email, to the coordinates mentioned in the article 2.

The unsubscription is effective within a maximum period of 7 (seven) days as from this request. It involves the automatic deletion of the Account of the Buyer.

 

18. Modifications

 

The Buyer can unsubscribe from the Website at any time, by sending a request to this matter to PASSIONE UK by email, to the coordinates mentioned in the article 2.

The unsubscription is effective within a maximum period of 7 (seven) days as from this request. It involves the automatic deletion of the Account of the Buyer.

 

19. Language

 

In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the English language in the event of contradiction or dispute over the meaning of a term or provision.

 

21. Applicable law and jurisdiction

 

The present general conditions are governed by English law.

In the event of a dispute concerning the validity, interpretation and/or execution of these general terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to rule on the matter, except in the case of mandatory procedural rules to the contrary.

Annex - Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract)
For the attention of : PASSIONE (UK) LTD
Address: [Centurion House, London Road, Staines-upon-Thames, TW18 4AX, United Kingdom ]
Telephone: [---]
Email : info_uk@passionebeauty.com
I hereby notify you of my withdrawal from the contract for the sale of the goods below:
Order number :
Ordered on () / received on ()
Name of the buyer(s) :
Address of the buyer(s) :

Signature of the buyer(s) :

(only if this form is notified on paper)

Date :

(*) Delete as appropriate.