Bēlēnsa eshop, hereafter called the "Site" is a site of electronic trade accessible by Internet at www.belensa-france.com. The site is published by the company Bēlēnsa Ltd, located at 2, WTC Av. De Gratta-Paille 1000 Lausanne SWITZERLAND, registered in the Commercial registry of Lausanne under number CH-5184.108.40.206-6. The User who wish to buy on the Site, states to have the full legal capacity and admits having taken knowledge, at the time of placing an order, of the conditions stated on this screen, expressly accepting them without reserve. The present general conditions of sale govern the contractual relations between Bēlēnsa and the User.
Article 1. Object
The present general conditions of sale have the aim of defining the rights and obligations of the Parties concerning the sale on line of the Products offered on the Site. The Site allows Bēlēnsa proposing the sale of cosmetic products and related equipments called the "Products" to visitors of the Site called "Users". For the application of the present conditions, it is agreed that the User and Bēlēnsa will be collectively called the "Parties". The User having validated an order will be then called "Buyer". The attention of the User is particularly drawn to the fact that the amount of its order will not have to exceed the sum of CHF 2000.-. These limits of order amount do not apply to distributors, commercial agents or other professionals having contractual commercial relationships with Bēlēnsa. These conditions apply excluding any other document.
Article 2. Products - Price
The Products offered are those which are displyed on the Site at the day of the consultation of the Site by the User and subject to available stocks. The images and/or photographs illustrating the Products are not contractual. If errors were introduced there, in no case the responsibility of Bēlēnsa can be engaged.
The prices of the Products are displayed in Swiss Francs (CHF) including applicable taxes at the day of the order. The invoiced price is the price at the date of the order and confirmed by email, on which transport charges and possible discounts are applied. In case of an error occurs on the price of a product, Bēlēnsa reserves the right to modify this price by offering the choice to the User to cancel his order if the new price is not appropriate to him. The prices displyed on product’s screens do not include/understand the transport charges, unless indicated differently.
Article 3. Recording and validation of the order
While placing order, the User certifies to be at least 18.
3.1. Recording of an order
The User wishing to place an order will choose the various Products and will express his interest in clicking on the box "Add to cart". From each commercial screen page, in clicking on "Shopping cart”, the User will be able to obtain a summary of the selected Products, modify his order, continue his selection in clicking on “continue”, or place an order in clicking on "Check out”. Apply coupon or gift card numbers if available prior selecting "Check out". Then, a summary of his order is displayed. Through the next menus, the Buyer has to provide information about Billing Address, Shipping Address, sleceted Shipping Method and Payment Method. Then the payment information menu comes up requiring your credit card details if you have selected such payment method. The banking data of the User will never be forwarded to the information processing system of Bēlēnsa .
3.2. Final validation of the order
After having checked the displayed summary of the sale, the User is required to confirm the purchase in clicking on "Validate". The User becomes Buyer. Bēlēnsa reserves the right to cancel any order of a customer at his discretion.
3.3. Confirmation of order
When payment is validated, a summary of the order will be sent by e-mail to the e-mail address indicated at the time of the user's identification. This e-mail constitutes the sales contract between the User and Bēlēnsa. In the event of error in the address of the recipient, Bēlēnsa can not be held responsible for the impossibility of the delivery of the ordered(s) product(s) .
Article 4. Cancellation and Refund
Bēlēnsa grants a 7 working days order cancellation period from the delivery of the products and commits taking them back, if they have been neither damaged, nor opened, being still in their original not open cardboard packaging. This cancellation period starts from the delivery of the order date. The products will have to be sent back at the cost of the buyer in their original cardboard packaging to the following address: 2, WTC Av. De Gratta-Paille 1000 Lausanne SWITZERLAND. If the above-mentioned conditions are fulfilled, Bēlēnsa will refund the Buyer with the amount corresponding to the purchased products within thirty (30) working days.
Article 5. Various stipulations
5.1. Bēlēnsa responsibilities
The present "general Conditions" determine our obligations and responsibilities. We are bound by no other guarantee, condition or another provision, except for those expressly mentioned in this contract. Every guaranteed, obligation or another provision concerning the products or services which could be implied or incorporated in this contract by the law, the jurisprudence or in another manner (including but without limitation any implicit condition as for quality, the adequacy with unspecified purposes and any obligation of diligence) are expressly excluded by the present provision.
5.2. Cause beyond control (force majeur)
Neither Party shall be liable for the total or partial non-performance of its obligations under this contract, if such non-performance is caused by an event of force majeure. Will be considered as force majeure events meeting the criteria set by law. The parties agree that they must negotiate as soon as possible to determine all the modalities of execution of the order for the duration of the case of force majeure.
5.3. Partial non-validity
If one or more stipulations of these general conditions of sale are held for not-valid or are declared like such pursuant to a law, of a payment or following a final decision of a court of jurisdiction, the other stipulations will keep all their force and their range.
5.4. Entire Agreement
These general conditions of sale and the order summary sent to the Buyer form a contract and constitute one entire part of the contractual relations between the Parties. In case of contradiction between these documents, the terms and conditions shall prevail.
5.4. Applicable law - Courts of jurisdiction
The present general conditions of sale and the contractual relations between Bēlēnsa and the Buyer are subjected to the Laws of Switzerland. Any disputes fall within the exclusive jurisdiction of the ordinary Courts of Geneva.