Amended March, 2019
These General Terms and Conditions of Sale are entered into between (a) Niyot Beauty, Niyot-Ekineda Online Division, whose registered office is located ()(hereinafter, "NIYOT-EKINEDA") and (b) the persons who wish to make a purchase via the web site www.niyot.com or its derivative addresses (hereinafter, the "Site"), referred to hereinafter as the "Consumer".
The Site enables NIYOT-EKINEDA to offer for sale to individuals browsing the Site cosmetic products (hereinafter referred to as the "Products"). For the application of this agreement, it is agreed that the Consumer and NIYOT-EKINEDA will jointly be referred to as the "Parties" and individually as a "Party."
It is specified that the Products are meant exclusively for the Consumer's personal use. In this connection, the Consumer is reminded particularly that the same user may not order more than fifteen (15) Products with the same item number per month and is restricted to paying a maximum of one thousand dollars ($1000), inclusive of all taxes, per order. If an order exceeds the number and/or value stated above, it will be considered invalid.
Products ordered by the Consumer on the version of the Site will be delivered WORLDWIDE, excluding those countries and territories otherwise stated.
By placing an order for a Product on the Site, the Consumer acknowledges that s/he has read these Terms and Conditions and accepted them unreservedly. No signature will be required from the Consumer for this acknowledgement to be valid. It is specified that the Consumer may save or print these Terms and Conditions, as long as s/he does not amend them.
Any special condition that is stated, e.g., in documents issued by the Consumer (including the order), will not take precedence over these Terms and Conditions, without prior explicit consent from NIYOT-EKINEDA. The Consumer must also unreservedly agree to the conditions of use of the Site if s/he wishes to view it.
The descriptions of the Products shown on this site will be accessible solely in English. In the same way, the Terms and Conditions shown on this Site are produced solely in English.
These Terms and Conditions define the procedures by which NIYOT-EKINEDA will sell Products to the Consumer, and the rights and obligations of the Parties arising out of the on-line sale of the Products offered on the Site. They define all the stages required for placing the order and they monitor this order between the Parties.
2.1. DESCRIPTION OF THE PRODUCTS:
NIYOT-EKINEDA presents on the Site the Products for sale and their detailed descriptions, in Product descriptions, so that the potential consumer is able to find out the essential characteristics of the products s/he wishes to buy prior to actually placing the order.
NIYOT-EKINEDA will make every effort to ensure that the visual representation of Products on the website is faithful to the original in terms of color and design. However, since NIYOT-EKINEDA has no control over the technical limitations of individual consumer computer equipment, NIYOT-EKINEDA may not be held liable for inaccurate representation of the Products on the Website.
2.2.1. The Products offered for sale by NIYOT-EKINEDA are those that are shown on the Site, on the day on which the Consumer views it and within the limit of the stocks available.
2.2.2. If a Product is not available, NIYOT-EKINEDA will notify the Consumer as soon as possible by e-mail that a partial order will take place or that his/her order is cancelled.
This notice may be made when the order is being placed or after the order is validated before delivery. The Consumer will then have 48 hours (counting business days, but not weekends or public holidays) to ask for the order to be cancelled or for it to be sent under special conditions (partial delivery), by contacting Customer Service by e-mail email@example.com by the means specified in the information e-mail. Beyond that 48-hour period, and if no request is sent by the Consumer to NIYOT-EKINEDA, the partial order will be sent for delivery to the Consumer.
If the Consumer's bank account had already been debited at the time that the Consumer is informed as above, NIYOT-EKINEDA undertakes to reimburse the Consumer as soon as possible for the price of the Product(s) that was (were) not available to the payment method used at order time. If the Consumer asks for the entire order to be cancelled, NIYOT-EKINEDA undertakes to reimburse the Consumer the amounts paid within a maximum of thirty (30) days after they were deducted.
2.2.3. NIYOT-EKINEDA reserves the right at any time to amend or no longer market the Products offered on the Site; however, such amendments will have no effect on orders that EKINEDA has already accepted prior to implementing such amendments.
2.3.1. All prices are shown in dollars. The applicable prices are those that are shown on the Site at the time at which the Consumer places his/her order, unless a printing error occurs. These prices are inclusive of all taxes, but do not include shipping costs, and any costs or duties associated with shipping, which will be invoiced additionally, and which will be shown separately on the order summary and the order confirmation e-mail and added to the total price of the order. The total price shown on the order summary and the order confirmation e-mail will represent the total amount to be invoiced, inclusive of all duties or taxes and costs. If the Consumer uses a bank card associated with an account that is not in pound currency, the Consumer's bank may charge currency exchange fees and bank fees, which will be payable solely by the Consumer.
2.3.2. NIYOT-EKINEDA reserves the right to alter its prices at any time without prior notice. Such changes, however, will not affect orders that NIYOT-EKINEDA accepted prior to the implementation of these changes, subject to the availability of the Products ordered.
3.1. THE ORDERING PROCESS
By browsing the Site, the Consumer can find out about the various Products offered for sale on the day s/he views the Site. The Consumer is not committed in any way to make an order by browsing the Site. While browsing the Site, the Consumer who wishes to make an order may do so just by clicking on the "Add to Cart" button that is located next to each Product viewed. Once the Consumer does this, s/he will have his/her “Cart” displayed on the screen, holding all the items in the order and showing the total amount payable, the type of Products ordered and their quantity. The Consumer can come back to this order, add to it, amend it, or cancel it until it is validated. If the Consumer wishes to choose other Products, all s/he needs to do is click on "Continue Shopping". The Product or Products that s/he has already selected will remain in the "Cart" section. The Consumer is informed that at any time during the ordering process, right up to actual payment of the order under the conditions specified in Article 4, s/he is able to come back to this order, add to it, amend it, or cancel it until it has been finally validated.
Once the selection of the Products has been completed, the Consumer will be able to order them from the Cart by clicking on the "Checkout" button. Then a new PayPal web page will open, inviting the Consumer to provide his/her address and payment details by accurately filling in the form provided. The Consumer undertakes, in particular, to provide an address to which the delivery can be made during working hours from Monday to Friday, and his/her name and e-mail address.
Once the form has been filled in completely, an order summary will display all the information relating to this order, i.e., among others, the type, quantity and price of the Products, the total amount (including shipping costs) of the order, the Consumer's contact details, the delivery address and the billing address. By clicking on the "Place Order" button during the order process, the Consumer must first familiarise himself/herself with these Terms and Conditions.Once these Terms and Conditions have been agreed to, and the “Place Order” button has been clicked, an order confirmation page opens up. The data recorded by NIYOT-EKINEDA are proof of all the transactions placed between NIYOT-EKINEDA and the Consumer.
3.2. ORDER CONFIRMATION
3.2.1. Once the order has been confirmed and its payment validated according to the procedures laid out in Article 4 below (provision of the bank card number, its expiry date and, if relevant, the security code), a summary of the Consumer's order will be displayed and will show the order's references. The Consumer is also notified that NIYOT-EKINEDA will soon send him/her an e-mail confirming his/her order. The Consumer is deemed to have taken note of this confirmation within fifteen (15) minutes of it being sent by NIYOT-EKINEDA.
This confirmation e-mail sent by NIYOT-EKINEDA will contain the following details:
• the number of the order determined by NIYOT-EKINEDA when the order is placed by the Consumer;
• the summary of the order (identification of the Product(s) ordered, the quantity, the price);
• the total amount of the order, inclusive of all taxes;
• the shipping charges;
• confirmation of payment;
• the procedures relating to delivery of the Product(s) ordered (expected shipping time - maximum of 30 days from order validation).
3.2.2. NIYOT-EKINEDA retains ownership of the Product(s) ordered until full payment of the price and its ancillary costs, including the shipping costs.
3.2.3. In order to protect itself against credit card fraud, NIYOT-EKINEDA reserves the right to require additional information (proof of address, copies of bank statements, photocopies of identity and/or credit cards ...) in order to verify the legitimacy of a suspicious credit card order. Unless a reply to NIYOT-EKINEDA request for additional information is received within fifteen (15) days of said request, all suspect credit orders will be immediately cancelled and reimbursement will be made to the bank account that was debited at order time, as soon as possible, and no compensation will be paid.
3.3. PROOF OF THE ORDER
In general, NIYOT-EKINEDA and the Consumer explicitly agree that e-mails are valid between the Parties, as are the automated recording systems used on the Site, especially as concerns the type and date of the order. The Consumer is entitled to access the electronic contract entered into between the Consumer and NIYOT-EKINEDA, if necessary in accordance with the rules of the regular codified law. To do so, s/he should send an e-mail to firstname.lastname@example.org including all the information required to do so, particularly the order number and his/her contact details.
4.1. Payment must be made immediately via the Internet at the time of the order in pounds only by bank card (Visa, MasterCard, American Express etc), to the exclusion of all other methods of payment.
4.2. NIYOT-EKINEDA reserves the right to refuse any order or any delivery in the event that the ceilings shown in the foreword hereto are exceeded, or that a dispute exists with the Consumer, of if a previous order by the Consumer had not been paid or had only partially been paid, or if the banking authorities refuse to authorize the payment by bank card, or if the order had not been paid or had only partially been paid.
4.3. The Consumer guarantees to NIYOT-EKINEDA that s/he has the authorizations that may be required to use the method of payment selected at the time the order was validated. If the bank refuses, the order will automatically be cancelled, and the Consumer will be notified by e-mail.
4.4. NIYOT-EKINEDA uses a secure payment facility called PayPal and guarantees the Consumer that it never has access to the confidential details concerning the method of payment that the Consumer uses to pay for his/her order. Only NIYOT-EKINEDA bank is in possession of that information. That is why the Consumer will be asked for his/her bank details each time s/he makes an order on the Site.
5: DELIVERY AND RECEIPT
5.1. DELIVERY METHODS
Once the order has been prepared, it will be sent to the mailing address provided by the Consumer when s/he placed his/her order. The Product(s) ordered by the Consumer will be delivered to the delivery address shown on the delivery slip.
If the Products are delivered by a shipper (in particular, USPS), if the Consumer is not at home, the shipper will leave a non-delivery notice in the Consumer's letter box. The Consumer is then required to make contact with the shipper to arrange a new delivery date. However, we emphasize that if the Consumer does not contact the shipper, the shipper will make two new attempts to deliver at times and on dates determined at its own discretion. The Consumer is informed that the package will be retained by the shipper for a period of ten (10) days after first presentation. Since delivery is handled by a third-party service provider, NIYOT-EKINEDA informs the Consumer that NIYOT-EKINEDA cannot be held liable in any way if the non-execution or faulty execution of this obligation is attributable to the Consumer, to an unforeseeable or insurmountable event, or to a case of absolute necessity.
Products that are purchased are shipped by shippers that undertake to deliver the packages within the following average time-frames: 2-5 business days from dispatch. Saturdays, Sundays and public holidays are not considered to be business days. In any case, the order will be performed within a maximum of thirty (30) days as of the date following that on which the Consumer sent his/her order, subject to full payment of the price. If the delivery has not been made by the expiry of that time frame, the Consumer will be entitled to cancel his/her order as per the conditions specified below in Article 5.3. The amounts paid by the Consumer will be refunded to him/her, and no other compensation will be paid.
5.3. DELAY IN DELIVERY
If the maximum delivery period of thirty (30) days is exceeded and if the Product(s) ordered have not yet been dispatched, the Consumer is entitled to exercise his/her right to cancel the order by sending an e-mail to email@example.com. Once the cancellation right has been exercised, NIYOT-EKINEDA will make a reimbursement, to the payment method that was debited at order time, as soon as possible, and no other compensation will be paid. In the case of a partial delivery, the delivery may be made in several stages, and this right will concern only the undelivered balance of the order.
The Consumer should notify NIYOT-EKINEDA of any delay in delivery as soon as possible by sending an e-mail firstname.lastname@example.org, so that NIYOT-EKINEDA can commence investigations with the postal services or the shipper. We are bound to inform the Consumer that the time to complete an investigation is variable, since NIYOT-EKINEDA has no control over its progress. If the package is found during such an investigation, it will immediately be re-sent to the place of delivery stated on the delivery slip. Nonetheless, if at the conclusion of this investigation, it is confirmed that the package containing the Product(s) has been lost, NIYOT-EKINEDA, at its own cost and expense, will re-send the Product(s) to the Consumer or, if the Product(s) is (are) permanently out of stock, will reimburse the Consumer, to the bank account that was debited at order time, the amounts deducted, according to the procedures of these Terms and Conditions.
Each delivery is deemed to have been completed once the Product(s) has / have been made available to the Consumer by the shipper, as shown by the control system used by the shipper. It is the Consumer's responsibility to check immediately at the time of receipt of the Product(s) that the Product(s) sent is (are) in good condition and compliant with the order.If the event of delay, breakage or missing items, the Consumer should note down complete and accurate reservations on the delivery slip. In any case, the Consumer is entitled to make a claim only against the shipper to which s/he should formulate his/her reservations. Any reservation must be confirmed by registered letter to the shipper within three (3) days of receipt.
All reservations of this type must also be provided to NIYOT-EKINEDA Customer Service within the same time-frame by sending an e-mail to email@example.com . The Consumer should attach a copy of the complaint sent to the shipper. Any complaint made after this time-frame or not in line with the required form will be rejected and NIYOT-EKINEDA will be freed of all liability.
6: WITHDRAWAL RIGHT AND RETURN RIGHT
6.1. The Consumer has a cooling-off period of seven (7) business days, as of the delivery date of the order, to return, at his/her own cost, the Product(s) ordered that do not satisfy him/her. The Product(s) must without fail be sent back in their entirety, in perfect condition and in their original packaging, accompanied by the delivery slip, the invoice and an accompanying letter by mail, to the return address.
EKINEDA undertakes to reimburse the Consumer, to the bank account that was debited at order time, within a maximum of thirty (30) days, as long as the above conditions are complied with.
6.2. Furthermore, for any non-compliant Product, the Consumer shall contact NIYOT-EKINEDA Customer Service at the following address firstname.lastname@example.org The Customer Service will then tell the Consumer what steps to take. The Product(s) must without fail be returned in their original packaging with a copy of the invoice. The initial shipping costs will be reimbursed by NIYOT-EKINEDA.
NIYOT-EKINEDA does not accept packages that are sent C.O.D.
The Consumer remains responsible for any risk associated with the return of the Product(s).
On receipt of the allegedly non-compliant Product(s), NIYOT-EKINEDA will very soon perform a test of the Product(s). If the non-compliant nature of the Product(s) is confirmed, NIYOT-EKINEDA will then reimburse the Consumer, to the bank account that was debited at order time, for the non-compliant Product(s) within a maximum of thirty (30) days from receipt of the non-compliant Product(s).
7: RIGHT TO CONFORMITY AND GUARANTEE
In its capacity as a professional seller, NIYOT-EKINEDA guarantees that the Products are in conformity with the use expected of them, and do not present defects or hidden defects that make them dangerous or unsuitable for their normal use. In the event that Product(s) are not in conformity with the information given in the presentation of the Product(s) on the Site, or if the Products present hidden defects, their cost will be reimbursed to the Consumer. NIYOT-EKINEDA undertakes to reimburse the Consumer within a maximum of thirty (30) days, as long as the above conditions are complied with. In the event that the Consumer receives Product(s) that is (are) not in conformity or which contains (contain) a hidden defect, the provisions of Article 6.2 above will apply.
NIYOT-EKINEDA may not be charged with liability for all the inconveniences or damage inherent in using the Internet, in particular service outages, intrusion from outside or the presence of a computer virus.
Without restricting the scope of the foregoing provisions, NIYOT-EKINEDA's liability under this agreement may not exceed an amount equal to the amounts paid or payable in respect of the transaction at the source of said liability, regardless of the cause or form of the legal action involved. NIYOT-EKINEDA is not liable for breaches of its obligations, as defined herein, that arise out of a case of force majeure.
9: LEGAL INFORMATION & JURISDICTIONAL CONSIDERATIONS
9.1. PRIVACY CONSIDERATIONS
Consumers are required to provide the personal information collected in the context of out-of-store selling, since such information is necessary for processing and delivering orders and for issuing the invoices. Such information is treated on a strictly confidential basis, and is used by NIYOT-EKINEDA or its sub-contractors, which are subject to the same obligations, only for processing orders received. If all the information is not entered, the order will be rejected automatically.
The Consumer has a right to access, amend, rectify and delete personal data collected by NIYOT-EKINEDA that concern him / her. To exercise this right, the Consumer must send an e-mail to EKINEDA Customer Service at the following address email@example.com
NIYOT-EKINEDA undertakes not to resell the Consumer's contact details to third-party companies without prior consent. The Consumer may receive informational e-mails from NIYOT-EKINEDA concerning NIYOT-EKINEDA products and activities. The Consumer is entitled to refuse to receive such communication after the event either by not giving his/her consent at the time the order is validated, or by expressing his/her refusal by e-mail to the following firstname.lastname@example.org
9.2. FORCE MAJEURE
No Party shall be held liable for total or partial lack of performance of its obligations, if such lack of performance is due to an act of God or to the occurrence of an event that constitutes "force majeure" such as, in particular, the following examples being given only as indications, flood, fire, storm, lack of raw materials, a transport strike, a partial or total strike, or a lock-out. The Party that was affected by such events shall inform the other Party as soon as possible and within a maximum of five (5) business days from the occurrence of the event. The Parties agree that they must negotiate as soon as possible to jointly determine ways of performing the order during the term of the force majeure event. If the force majeure event lasts for longer than one (1) month, NIYOT-EKINEDA shall be allowed not to honour the order, though NIYOT-EKINEDA is obliged to reimburse the Consumer, if the Consumer has paid, the amounts paid by the Consumer for the order concerned.
9.3. PARTIAL NON-VALIDATION
If one or more stipulations of these Terms and Conditions are held to be invalid or declared such by the application of a law, a regulation or pursuant to a final court decision, the other stipulations shall retain their entire force and scope.
9.4. NO WAIVER
The fact that one of the Parties did not require the application of any clause of these Terms and Conditions, whether on a permanent or temporary basis, shall not in any circumstances be considered as a waiver of the rights of that Party arising out of that clause.
In the event of any difficulty of interpretation between any of the headings of the articles and chapters, and the clause itself, the headings shall be deemed not to exist.
9.6. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF SALE
NIYOT-EKINEDA reserves the right to amend these Terms and Conditions at any time. Any new version of them will be announced in advance on the Site. The version on-line on the Site will, if there is any contest, take precedence over any other versions of these Terms and Conditions.
9.6. ENTIRE AGREEMENT
These Terms and Conditions and the order summary sent to the Consumer jointly form a contractual unit and make up the whole of the contractual relationship entered into between the Parties.
NIYOT-EKINEDA may place a cookie on the Consumer's computer during browsing at the Site. This cookie enables NIYOT-EKINEDA to record information about the browsing of the Consumer's computer at the Site (pages viewed, date and time of viewing, etc.) and also has the goal of providing easy of browsing and ease of use of the Site, especially through the personalization of some pages. The Consumer may decline the recording of cookies by configuring his/her browser to reject cookies.
9.8. APPLICABLE LAW - DISPUTES
The law that applies to these Terms and Conditions and to the orders relating thereto is USA law. Any dispute that may arise concerning their validity, interpretation or performance that cannot be settled out-of-court by the Parties will be subject to the courts in the jurisdiction of the United States or the courts appointed by the common law provisions