Termini e condizioni di vendita

TERMS AND CONDITIONS OF SALE

Section 1 – Definitions

These Terms and Conditions of Sale (hereinafter, the "Terms") are offered by VITALAB SOLUTIONS.

The following terms shall have the meanings set out below:

"Site": the website "https://selennastudio.com" and all of its pages, which are the exclusive property of the Company.

"Products" or "Services": all products (physical goods) and services that can be purchased or ordered on the Site.

"Seller": VITALAB SOLUTIONS, a legal entity or individual offering its Products or Services on the Site.

"Customer": any internet user, whether an individual or a business, who purchases Product(s) or Service(s) on the Site.

"Consumer," as defined in the preliminary article of the French Consumer Code: "any natural person acting for purposes outside their commercial, industrial, craft, or professional activity."

Internet users who visit the Site and are interested in the Products and Services offered by the Seller are encouraged to read these Terms carefully and to print and/or save them on a durable medium before placing an order on the Site.

The Customer acknowledges having read these Terms and accepts them in their entirety.

Section 2 – Application of the Terms and Purpose of the Site

The Seller reserves the right to modify these Terms at any time by publishing a new version on the Site.

The Terms that apply to the Customer are those in effect on the date of their order on the Site.

Legal information about the Site's host and publisher, the collection and processing of personal data, and the terms of use of the Site can be found in this Site's Terms of Use, Legal Notice, and Privacy Policy.

This Site offers beauty products for sale online.

Access to the Site is free and open to all Customers. Purchasing a Product or Service constitutes the Customer's acceptance of these Terms in their entirety, and the Customer acknowledges being fully aware of them. This acceptance may consist, for example, of the Customer checking the box next to an acceptance statement such as "I acknowledge that I have read and accept the Site's Terms and Conditions." Checking this box shall be deemed equivalent to the Customer's handwritten signature.

Acceptance of these Terms assumes that Customers have the legal capacity to do so. If the Customer is a minor or lacks such legal capacity, they represent that they have the permission of a guardian, conservator, or legal representative.

The Customer acknowledges the evidentiary value of the Seller's automatic recording systems and, unless proven otherwise, waives the right to contest them in the event of a dispute.

Every Order for Products implies the Customer's unconditional acceptance of and full agreement to these Terms and Conditions of Sale, which take precedence over any other document, including catalogs, advertising, and notices, unless the Company has expressly agreed otherwise in advance.

Section 3 – Customer Service

Customer service for this Site can be reached through the contact form at "https://selennastudio.com" or by mail at the address listed in the Legal Notice. In their message, the Customer must include their first and last name, the subject of their request, and their Order number.

For all business inquiries (partnerships, media, contract proposals), the Company can be contacted by email only at contact@selennastudio.com.

Section 4 – How to Place an Order and Description of the Purchase Process

The Products and Services offered are those listed in the catalog published on the Site. Each product comes with a description written by the Seller based on descriptions provided by the supplier.

Photos on the Site are not contractually binding and may differ slightly from the actual items. These variations are due to differences in screen and camera settings, product lighting, camera angles, etc.

The "Cart" is defined as the virtual space that holds all Products or Services selected by the Customer for purchase after clicking on them. To place an order, the Customer chooses the Product(s) they wish to order by adding them to their "Cart," the contents of which can be changed at any time.

The Customer places the Order on the Site: the Customer enters and confirms the Order on the Site.

To place an Order on the Site, the Customer freely selects one or more Products from the Site's catalog by clicking the "Add to Cart" button. On the "Cart" page, the Customer can review the details of their Order and correct any errors before confirming it.

On the "Information" page, the Customer must enter their contact details. They can choose to receive Order tracking updates by email by checking the corresponding box.

On the "Shipping" page, the Customer must choose from the available shipping methods.

On the "Payment" page, the Customer must enter their payment details and billing address. The Customer may also enter a promo code if they have one.

A complete Order summary is then displayed. The Customer can change any part of the Order before completing it. The Customer is responsible for any errors relating to the Order, the Products, and their contact information.

The sale is considered validly concluded once the Customer has confirmed the Order by clicking the "Complete Order" button, has accepted the Terms and Conditions of Sale, and has made payment using their chosen method, without prejudice to the right of withdrawal.

The Order confirmation date is the date on which immediate payment of the full price, including applicable taxes, is duly received.

Section 5 – Prices and Payment Methods

Unless otherwise stated, prices listed in the catalog are in U.S. dollars (USD), excluding any applicable sales tax, and do not include any handling or shipping fees.

VITALAB SOLUTIONS reserves the right to pass on any change in applicable tax rates to the price of the Products or Services. The Seller also reserves the right to change its prices at any time. However, the price listed in the catalog on the date of the order is the only price applicable to the Customer.

The Customer can place an order on this Site and pay by credit or debit card, Apple Pay, or PayPal. Card payments are made through secure transactions provided by an online payment platform provider.

This Site does not have access to any of the Customer's payment information. Payment is made directly to the bank or payment provider receiving the Customer's payment. For payments made by bank transfer, the delivery times set out in the "Shipping" section of these Terms only begin once the Seller has actually received the payment, which the Seller may prove by any means. Product availability is shown on the Site, on each Product's page.

VITALAB SOLUTIONS will archive order forms and invoices on a reliable and durable medium constituting a true copy. Computerized records will be considered by the parties as proof of the communications, orders, payments, and transactions made between them.

Section 6 – Shipping

Shipping costs will be shown to the Customer before any payment is made. The Site has no geographic delivery restrictions; orders can be shipped worldwide. Delivery times shown at the time of order are estimates only and may be affected by postal service delays or other circumstances preventing delivery (demonstrations, severe weather, etc.).

For deliveries outside the United States, the Customer is considered the importer of the Product and accepts that the Seller may be unable to provide accurate information on the total amount of customs duties, fees, or import taxes applicable in the country of delivery.

Unless otherwise stated on the Site during checkout or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days from the conclusion of the contract with a Consumer Customer.

For hand-delivered packages, the Customer may refuse a package at the time of delivery if they notice a delivery issue (damage, a Product missing compared to the shipping slip, a damaged package, broken Products, etc.). Any issue must be noted by the Customer on the delivery slip in handwriting, along with the Customer's signature. To exercise their right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have the carrier take back the damaged goods. For mailbox deliveries, the Customer agrees to inspect the package immediately and to contact VITALAB SOLUTIONS customer service if they notice any issue. If these instructions are not followed, the Customer may not exercise their right of refusal, and the Seller will not be required to honor the Customer's refusal request.

If the Customer's package is returned to the Seller by USPS or another carrier, the Seller will contact the Customer upon receiving the returned package to ask how they would like to proceed with their order. If the Customer refused the package by mistake, they may request that it be reshipped after paying the shipping costs for the new shipment. Shipping costs also apply to orders that originally qualified for free shipping.

In the event of a delivery error or exchange (if the right of withdrawal applies, i.e., if the Customer is a Consumer and the contract for the Product or Service allows withdrawal), any product to be exchanged or refunded must be returned to the Seller complete and in perfect condition. Any defect resulting from carelessness or improper handling by the Customer cannot be attributed to the Seller.

Any delivery delay beyond the date or time frame given to the Consumer Customer at the time of their order, or, if no date or time frame was given, beyond thirty (30) days from the conclusion of the contract, may result in cancellation of the sale at the Consumer Customer's request, by written notice sent by certified mail with return receipt requested, if the Seller has failed to deliver after being formally requested to do so. The Consumer Customer will then be refunded all amounts paid no later than fourteen (14) days from the date the contract was terminated. This clause does not apply if the delivery delay is due to force majeure.

Special case of a package marked "delivered" but not received: if the Customer notices and informs the Seller that the package is not in their mailbox even though the tracking number shows it as "delivered," customer service may ask for additional information, as well as an official document from the postal service responding to their claim regarding the tracking number concerned. The Seller will then do everything possible to ensure the Customer's satisfaction, including offering to reship the products immediately at the Seller's expense.

Section 7 – Right of Withdrawal and Withdrawal Form

The Consumer Customer has thirty (30) days from the date they receive their order to withdraw. They must return any product that does not suit them and request an exchange or refund without penalty, except for return shipping costs, within fourteen days of VITALAB SOLUTIONS receiving the refund request.

The Product must be returned in perfect condition, in its original packaging, and unused. Below, the Consumer Customer will find a standard withdrawal form for orders placed on the Site, to be sent to VITALAB SOLUTIONS. The Customer is responsible for return shipping costs in the event of withdrawal.

The Customer is advised to return the Product using a trackable shipping method. Otherwise, if the returned package does not reach the Seller, it will not be possible to open an investigation with the postal service to locate it.

The refund will be issued using the same payment method the Customer used for the original transaction, unless the Customer expressly agrees to a different payment method, and provided the refund does not result in any cost to the Customer.

The Seller also reserves the right to withhold the refund until the Product has been received or until the Customer has provided proof that the Product has been shipped, if such proof has not already been provided.

The Customer may be held liable for any decrease in the value of the Products resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the Product(s).

In accordance with Article L121-17 of the French Consumer Code (the "Hamon Law") of June 2014, the Consumer Customer will find below a standard withdrawal form for orders placed on the website:

Withdrawal Form

(Please complete and return this form only if you wish to withdraw from the contract.)

Attention:

VITALAB SOLUTIONS

I/We () hereby give notice that I/we () withdraw from my/our (*) contract of sale for the following item:

Order number:

First and last name:

Phone number:

Email address:

Mailing address:

Reason for request:

Exchange* (please specify the desired product)

Refund* (the refund will be issued to your original payment method)

Signature of Customer(s) (only if this form is submitted on paper):

Date:

(*) Delete as appropriate.

Section 8 – Product Warranty

Mandatory Legal Provisions

The legal warranty of conformity applies regardless of any commercial warranty that may be granted.

The consumer may choose to invoke the warranty against hidden defects in the item sold within the meaning of Article 1641 of the French Civil Code, unless the seller has stipulated that it provides no warranty. If this warranty is invoked, the buyer may choose between canceling the sale or receiving a price reduction in accordance with Article 1644 of the French Civil Code. The buyer has two years from the discovery of the defect to do so.

Postponing, suspending, or interrupting the statute of limitations cannot extend the limitation period beyond twenty years from the day the right arose, in accordance with Article 2232 of the French Civil Code.

All items purchased on this website benefit from the following legal warranties under the French Civil Code:

Legal Warranty of Conformity

The Seller is required to deliver goods that conform to the contract entered into with the Consumer Customer and is liable for any lack of conformity existing at the time the Product is delivered. The warranty of conformity may be invoked if a defect existed on the day the Customer took possession of the Product.

However, it is the Customer's responsibility to prove that the defect actually existed at the time they took possession of the Product.

"In the event of a lack of conformity, the buyer may choose between repair and replacement of the item. However, the seller may choose not to proceed as the buyer has chosen if that choice would result in a cost that is clearly disproportionate to the other option, taking into account the value of the item or the significance of the defect. In that case, the seller is required, unless impossible, to proceed with the option not chosen by the buyer."

Legal Warranty Against Hidden Defects

If a delivered Product does not conform, it may be returned to the Seller, who will replace it. If the Product cannot be replaced (obsolete Product, out of stock, etc.), the Customer will be refunded the amount of their order by check or bank transfer. The costs of the replacement or refund process (in particular, return shipping costs for the Product) will then be borne by the Seller.

Section 9 – Liability

The Seller, VITALAB SOLUTIONS, cannot be held liable for failure to perform the contract due to force majeure. With respect to Products purchased, the Seller shall not be liable for any indirect damages arising from these terms, operating losses, loss of profits, damages, or expenses that may occur.

The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial inability to use the Products, particularly due to equipment incompatibility, shall not give rise to any compensation, refund, or liability claim against the Seller, except in the case of a proven hidden defect, lack of conformity, defect, or exercise of the right of withdrawal where applicable, i.e., if the Customer is not a Consumer Customer and the contract for the Product or Service allows withdrawal, under Article L 121-21 of the French Consumer Code.

The Customer expressly agrees that they use the Site at their own risk and under their sole responsibility. In any case, VITALAB SOLUTIONS shall under no circumstances be held liable for:

any direct or indirect damage, in particular loss of profits, lost revenue, loss of customers, or loss of data that may result from, among other things, the use of the Site or, conversely, the inability to use it;

any malfunction, lack of access, misuse, improper configuration of the Customer's computer, or the Customer's use of an uncommon browser;

the content of advertisements and other links or external sources accessible to Customers from the Site.

Accordingly, the Seller cannot be held liable if the characteristics of the Products differ from the images on the Site or if those images are inaccurate or incomplete.

Section 10 – Force Majeure

In accordance with Article 1218 of the French Civil Code, force majeure or fortuitous events are events beyond the control of the parties, which they could not reasonably foresee and could not reasonably avoid or overcome, to the extent that their occurrence makes it completely impossible to perform their obligations.

The occurrence of a force majeure event will automatically suspend the performance of the Order.

After a period of ninety (90) calendar days, if the parties find that the force majeure event is still ongoing, the Order may be canceled by either party and the sales contract terminated. To do so, the first party to act must send the other a letter by certified mail with return receipt requested terminating the sales contract.

The termination will take effect on the date the letter is first presented. In this case, neither party may claim damages, unless otherwise agreed between the parties.

Section 11 – Intellectual Property Rights

All elements of this Site belong to the Seller or an authorized third party, or are used by the Seller with the permission of their respective owners.

All texts, comments, works, illustrations, and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark law, image rights, and patent law. No one is authorized to reproduce, exploit, redistribute, or use elements of the Site in any way, even partially. Any simple link or hyperlink is strictly prohibited without the express written consent of the Company. In any case, any link, even if tacitly authorized, must be removed upon simple request by the Company.

Use of the Site is authorized for private use only, subject to any different or more restrictive provisions of the French Intellectual Property Code.

Any full or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes infringement and is punishable under intellectual property law unless prior authorization has been given.

Any reproduction, representation, or adaptation of logos or text, graphic, or video content, without limitation, is strictly prohibited and constitutes infringement.

Any Customer who commits infringement may have their account deleted without notice or compensation, and such deletion shall not constitute any harm to them, without prejudice to any subsequent legal action against them initiated by the Seller or its representative.

The trademarks and logos on the Site may be registered by VITALAB SOLUTIONS or by one of its partners. Anyone who represents, reproduces, integrates, distributes, or redistributes them is subject to the penalties set out in Articles L.713-2 et seq. of the French Intellectual Property Code.

Section 12 – Processing of Personal Data

The Company collects the Customer's data:

a) to process and track the Customer's Order on its Site; (and/or)

b) to contact you about various Company events, including in particular Product updates and customer relationship management; (and/or)

c) to collect information that helps us improve the Site and our Products (in particular through cookies).

The data collected is processed by the service providers engaged by the Site to package and ship the Products ordered, as well as by the hosting provider, Shopify Inc., whose servers are protected and secured by firewalls.

The data collected is kept by the Company only for as long as necessary for the purposes of collection described above, which may in no case exceed five (5) years.

In accordance with French Law No. 2018-493 of June 20, 2018 on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Customer has the right to access, modify, correct, and delete their data, or to object to its processing on legitimate grounds.

The Customer may exercise these rights by email at contact@selennastudio.com.

Section 13 – Comments and Other User Submissions

If the Customer sends ideas, suggestions, or other materials, whether online, by email, by mail, or otherwise (collectively, "comments"), whether or not at the Company's request, the Customer grants the Company the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any medium any comments the Customer sends.

The Company is not and shall not be required (1) to keep any comments confidential; (2) to pay compensation to anyone for any comments provided; or (3) to respond to any comments.

The Company may monitor, edit, or remove content that it determines, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any intellectual property or these Terms and Conditions of Sale.

The Customer agrees that their comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. The Customer agrees not to include in their comments any unlawful, libelous, offensive, or obscene material, or any computer viruses or other malware that could affect the operation of the Site or any related websites. The Customer agrees not to use a false email address, impersonate anyone else, or otherwise mislead the Company and/or third parties as to the origin of their comments.

The Customer is solely responsible for the comments they post and for their accuracy. The Company assumes no responsibility and disclaims all liability for comments posted by the Customer or by third parties.

Section 14 – Severability

If any provision of these Terms is found to be unlawful, void, or otherwise unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of the remaining provisions.

These Terms supersede all prior or contemporaneous agreements, whether written or oral. These Terms may not be assigned, transferred, or sublicensed by the Customer.

A printed version of these Terms and of all notices provided in electronic form may be requested in connection with judicial or administrative proceedings relating to these Terms. The parties agree that all correspondence relating to these Terms shall be written in English.

Section 15 – Governing Law and Mediation

These Terms and Conditions of Sale are governed by French law.

The Site reserves the right to take legal action against any attempted fraudulent purchase or purchase made with a prohibited, blocked, stolen, or counterfeit bank card. In this context, no attempt at amicable settlement will be accepted.

The fact that a clause of these Terms and Conditions of Sale is void and unenforceable shall not affect the validity of the other provisions and does not release the Customer from their contractual obligations.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, subsidiaries, related companies, successors, assigns, directors, agents, service providers, attorneys, suppliers, and employees from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the website or our products and services, your breach of these terms, or your breach of the acknowledgments, agreements, representations, warranties, and obligations set forth herein.

Domestic or cross-border disputes that may arise regarding the validity, interpretation, performance or non-performance, interruption, or termination of this contract may be submitted to mediation at the Customer's request.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, a mediator accredited by the French Commission for the Evaluation and Control of Consumer Mediation (CECMC), is designated as Consumer Mediator to help resolve disputes between the Company and its Customers for a period of three (3) years beginning [May 1, 2019].

The European Commission's website describes the mediation process and allows Customers to submit a mediation request online along with supporting documents.

In particular, the Mediator may not review the dispute if:

the Customer cannot show that they first attempted to resolve the dispute directly with the Company through a written complaint;
the request is clearly unfounded or abusive;
the dispute has previously been reviewed or is currently being reviewed by another mediator or a court;
the consumer submitted their request to the mediator more than one year after their written complaint to the Company;
the dispute falls outside the mediator's jurisdiction.

Mediation is free for the Customer. If, at any stage of the mediation, the Customer hires an attorney, a third party of their choice, or an expert to represent them, they alone will bear the costs.

The Mediator may not take instructions from the parties or be paid based on the outcome.

Participating in mediation does not preclude recourse to the courts. The parties remain free to bring their dispute before a judge under the applicable legal provisions. In the event of litigation before a judge, jurisdiction is granted to the competent Estonian court.

The Site reserves the right to take legal action against any attempted fraudulent purchase or purchase made with a prohibited or blocked bank card, or with a stolen or counterfeit check. In this context, no attempt at amicable settlement will be accepted.

The fact that a clause of these Terms and Conditions of Sale is void and unenforceable shall not affect the validity of the other provisions and does not release the Customer from their contractual obligations.

Parts Warranty:

The warranty is limited to 30 days from the date of purchase under normal conditions of use and excludes any failure caused by an external factor. Under these conditions, the seller agrees to replace the defective part.