General Terms and Conditions of Sale

Preamble

These General Terms and Conditions of Sale (hereinafter the “GTC”) govern the contractual relationship between Afrolyss, a company operating in the sale of cosmetic, beauty, and related products (hereinafter the “Company”), and any individual or legal entity making a purchase via the Afrolyss website and/or mobile application (hereinafter the “Customer”).

The Company and the Customer are referred to individually or collectively as the “Party(ies)”.

Company email address: contact@afrolyss.com

Afrolyss sells cosmetic products, beauty products, accessories, and related items (hereinafter the “Products”) through its online platforms and, where applicable, physical points of sale.

Article 1: Purpose of the General Terms and Conditions

These GTC aim to:

– Inform Customers of the terms under which Products are sold by Afrolyss;

– Inform Customers of the terms under which Products are sold by Afrolyss;

– Define the rights and obligations of the Parties in connection with the sale of Products via the Website or Application.

These GTC supplement the Legal Notices and the Personal Data & Cookies Policy available on the Website or Application. Any order placed implies full and unconditional acceptance of these GTC.

Article 2: Information accessible on the Website or the Application – Limitation of liability

The Company takes great care in posting and updating the information and data freely available on the Website and the Application. However, it is possible that some inaccuracies, errors, or omissions may have crept into the product descriptions provided to the Company by the manufacturers. The Company cannot be held liable for these inaccuracies, errors, or omissions resulting from information provided by the manufacturers. The Company nevertheless undertakes to correct any such inaccuracies, errors, or omissions as soon as they are brought to its attention.

Article 3: Products sold on the Website or the Application

In accordance with Article L.111-1 of the French Consumer Code, prior to placing an order, the Customer may review the essential characteristics of the Product(s) they wish to order on the Website or the Application by clicking on their name or image.

The Company sources its Products from manufacturers who have expressly agreed to be listed on the Website or the Application. The essential qualitative and quantitative characteristics of each Product presented on the Website are obtained directly from the manufacturers.

The Company expressly reserves the right at any time to add new Products, remove all or part of the Products sold or presented on the Website, change their presentation, or discontinue their sale on its Website or the Application, without being required to notify the Customer beforehand.

Article 4: Prices

The prices of Products on the Website or the Application are those in effect at the time the Customer places the order. These prices may be modified by the Company at any time. The prices of Products on the Website or the Application do not include shipping costs, which may be charged in addition to the price of the Products purchased. Shipping costs will be indicated before the Customer confirms the order, depending on the delivery method chosen by the Customer.

The prices of Products on the Website or the Application include Value Added Tax (VAT) applicable on the date of the Order. Any change in the applicable VAT rate will be automatically reflected in the price of Products sold by the Company on the Website and the Application.

The Customer may also benefit from promotional offers on certain Products during specific periods. These offers will be announced online on the Site and will be valid for the period indicated and always within the limits of available stocks.

Article 5: Orders

Any order for a Product offered on the Website implies prior consultation and express acceptance of these Terms and Conditions, which the Customer indicates by checking a box before placing their order. Orders placed on the Website are subject to strict adherence to the procedure described below. This process is completed online through a series of screens indicating the various steps the Customer must follow to validate their order with the Company.

The Customer agrees that the information provided to the Company is complete, accurate, and up-to-date. In the event of incomplete or inaccurate information, the Company reserves the right to cancel the order outright.

The order may be placed for a delivery address different from the billing address. The Company reserves the right to refuse or cancel any order from a Customer with whom it has a dispute concerning a previous order.

The Company reserves the right to refuse or cancel an order if it believes that the Customer is engaging in distribution or carrying out an economic activity using the Products ordered, or for any other legitimate reason.

On the order form, the Customer must enter and confirm the identification and quantity of the Products ordered (the availability of which is subject to confirmation by the Company, if applicable).

The Customer must then confirm the billing address, delivery location and method, as well as the chosen payment method. Before confirming their order, the Customer is reminded of the essential characteristics and price.

From the moment of this confirmation, the Customer is deemed to have accepted all the order details entered (including price, volume, characteristics, quantity, and delivery time of the Products).

Upon validation of their order by the Customer, the order becomes final and can no longer be cancelled. The order form is directly transmitted to the Company’s online store service. The Customer then sees their order number displayed.

The Company will subsequently confirm receipt of the order to the Customer by email, reiterating all the information provided by the Customer, as well as all the information previously provided by the Company.

The Company will send the Customer a second email:

– either to confirm the processing of his order, which will then be prepared under the conditions of Article 9, after full payment of the order has been validly received by the Company, under the conditions of Article 8.2,

– or to inform the Customer that his order has been cancelled due to an exceptional stock shortage of one or more Products (see Article 9.3).

Article 6: Proof of Orders

In general, it is expressly agreed that emails sent by the Company to the email address provided by the Client shall be valid between the Parties as well as the automatic recording systems used on the Site, in particular with regard to the nature and date of the order.

Article 7: Right of withdrawal

In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for beauty products (cosmetics and makeup) that have been unsealed after delivery for hygiene or health protection reasons. Consequently, the Customer has no right of withdrawal for this type of product if it has been unsealed after delivery.

The same conditions apply to hair extensions (hairpieces, wigs, weaves, etc.).

Subject to the exceptions defined in Article L.221-28 of the French Consumer Code, and in particular the one mentioned in the preceding paragraph, the Customer has, in accordance with Article L.221-18 of the French Consumer Code, a period of fourteen days from receipt of the Product to exercise their right of withdrawal. When the fourteen-day period expires on a Saturday, Sunday, or public holiday, it is extended to the next working day.

To facilitate the processing of returns, Customers are strongly advised to clearly indicate the original order number on their return and/or include the Return Form, if applicable, which was sent with the delivered Products and signed by the recipient of the order.

The Company reserves the right to refuse any return submitted after the legal withdrawal period.

The Company does not accept packages sent with postage due or cash on delivery.

In accordance with the provisions of Article L.221-24 of the French Consumer Code, when the Customer validly exercises their right of withdrawal, the Company undertakes to refund all sums paid, including the initial standard delivery charges, within fourteen days from the date on which the Customer informed the Company of their intention to withdraw, provided, however, that the Company has received the Product(s) or that the Customer has provided proof of shipment of said Product(s).

It should be noted, however, that return shipping costs will not be reimbursed to the Customer validly exercising their right of withdrawal, unless the Company is liable for the following reasons:

– a preparation error in the delivered order(s): reversal of Products during order preparation or reversal of orders during their shipment;
– the delivery of defective products;
– an incorrect product sheet on the Site.

Article 8: Invoicing and Payment

8.1: Billing

An invoice is generated for each order and made available to the Customer in their personal account. Any complaints regarding invoices must be brought to the Company’s attention by email within 10 days of receipt.

The Company provides the Customer with a customer service department accessible during business hours:

– by electronic form: “Contact us” section,
– by telephone: +33 (0)1 42 64 49 38 (local number – non-premium rate call),
– by mail: contact@afrolyss.com.

Otherwise, they are considered accepted without reservation. The possible incomplete delivery of an order cannot justify refusal to pay for the Products delivered. Any dispute between the Customer and the Company shall in no case be grounds for suspending payment of the undisputed portion of the invoice.

8.2: Payments

The Customer warrants to the Company that they have the necessary authorization to use the payment method they have chosen for their order.

Accepted payment methods may include: Credit or debit cards, Secure online payment platforms (e.g., PayPal)

All online payments are secured through encryption and authentication systems..

The Company reminds the Customer that they can delete their bank details at any time from their Afrolyss account and/or during the payment process, or add new bank cards on the payment page.

Article 9: Deliveries

Products ordered in accordance with these Terms and Conditions will be delivered to the delivery address indicated by the Customer when placing their order.

Delivery is available to designated geographic zones indicated on the Website.

9.1: Delivery charges

Delivery charges are the responsibility of the Customer and vary depending on the delivery method chosen. The applicable delivery charges are those indicated at the time the Customer places the order and reiterated in the order confirmation email.

In the event of the return of the package because it was not claimed or due to a change of mind, the actual shipping costs will be deducted in all cases from the order refund amount.

9.2: Exceptional stock shortage or delivery difficulties

In the event of an exceptional stock shortage of one or more Products in an order, the Company may cancel the order or partially ship the order and refund the unavailable item(s). In the case of a partial shipment, the Customer will be notified via a document included in the package. In the case of a total cancellation, an email will be sent to the Customer’s provided email address. The amounts corresponding to the order and paid by credit card will not be debited from the Customer’s account.

The Customer will be fully reimbursed no later than fourteen days after the date on which the Customer exercised their right to cancel their order.

The Company reminds Customers that the amounts paid, Cash will be credited to the card used by the Customer to pay for their order.

Article 10: Receipt of products and transfer of risks

All risk of loss or damage to the Products is transferred when the Customer, or a third party designated by the Customer (other than the carrier proposed by the Company), takes physical possession of the Products. When the Customer entrusts delivery of the Product to a carrier other than the one proposed by the Company, the risk of loss or damage to the Product is transferred to the Customer upon delivery of the Product to the carrier. Upon receipt of the Product, it is the Customer’s responsibility, or, if different, the recipient’s responsibility, to immediately verify its conformity and integrity. Generally, any reservations or observations noted on the delivery slip must be complete and precise. In particular, they must define the damage precisely, including the order number.

The Customer must immediately notify the carrier and the Company of any anomaly observed.

If the package is damaged on the outside, it is the Customer’s responsibility to immediately check the contents of their package in front of the carrier and to make precise and complete reservations or observations on the delivery note.

Article 11: Guarantees

The Customer benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the Civil Code and the legal guarantee of conformity under Articles L.217-4 et seq. of the Consumer Code.

In the event of a lack of conformity (Product unfit for the purpose usually expected of a similar Product, which does not correspond to the description given by the Company or which does not possess the qualities advertised by the Company or agreed upon with the Customer) or a hidden defect in the Product (hidden defect in the Product sold which renders it unfit for its intended use, or which so diminishes its use that the Customer would not have purchased it, or would have paid a lower price, had they been aware of it), and in compliance with the conditions set by law, the Customer may take action within two years of discovering the defect (Article 1648 of the Civil Code) or from the date of delivery of the Product (Article L.217-12 of the Consumer Code).

In the event of a non-conformity, the Customer may choose between repair or replacement of the Product. However, if this choice results in a clearly disproportionate cost for the Company, it may proceed with the alternative option. If both repair and replacement of the Product are impossible, the Customer may return it and receive a full refund or keep it and receive a partial refund. The Customer has the same option if repair or replacement cannot be carried out within one month of the Customer’s claim, or if repair or replacement would cause significant inconvenience.

In the event of a latent defect in the item sold, the Customer may return the Product and receive a full refund or keep it and receive a partial refund.

In the event of a refund, any sums paid in cash will be credited to the card used by the Customer to pay for the order.

Article 12: Limitation of Liability

The Company undertakes to properly perform its obligations under the Contract.

The Company may be relieved of all or part of its liability by proving that the non-performance or improper performance of the Contract is attributable either to the Client, to an unforeseeable and insurmountable act of a third party to the Contract, or to a case of force majeure.

Article 13: Customer Service – Complaints –

The Company provides the Customer with a customer relations service accessible during business hours:

– by electronic form: section “Contact us”
– by telephone: +33 (0)1 42 64 49 38 (local number – non-premium rate call),
– by mail: contact@afrolyss.com

The Customer must clearly describe the detailed reason for their complaint and include their full name, address, and loyalty card number and/or order reference. Whenever possible, to expedite the resolution process, they should also attach a photocopy or scan of their most recent order confirmation, invoice, or correspondence with the Company.

The Company is committed to responding to all Customer inquiries, regardless of the method of communication: letter, email, or telephone call. Furthermore, the Company will inform the Customer if it does not have an immediate solution to the complaint. All responses will identify the individual who handled the complaint or dispute.

Article 14: Non-waiver

The fact that the Company refrains from demanding the execution of any of the provisions of the General Terms and Conditions cannot be interpreted as a waiver of the right to subsequently invoke said total or partial non-performance.

Article 15: Validity of the General Terms and Conditions

If any provision of these Terms and Conditions is declared invalid in whole or in part, the other provisions and the other rights and obligations arising from these Terms and Conditions shall remain unchanged and shall continue to apply.

Article 16: Modification and accessibility of the General Terms and Conditions

The General Terms and Conditions may be modified at the Company’s discretion at any time. However, the applicable General Terms and Conditions are those accepted by the Customer at the time of placing the order and subsequently included in the order confirmation email.
The current version of the Company’s General Terms and Conditions is always accessible to the Customer on the Website. To access them, simply click on the “General Terms and Conditions” link.

Article 17: Personal Data

Personal data is processed in accordance with applicable data protection laws.
Details are available in the Personal Data Management Policy on the Website.

Article 18: Applicable Law – Jurisdiction

The Contract and the General Terms and Conditions are governed by French law, except where otherwise required by mandatory provisions, in particular Regulation (EC) No 593/2008 of 17 June 2008 on the law applicable to contractual obligations.

In the absence of an amicable agreement, any dispute relating to these General Terms and Conditions or the Contract, even in the case of a warranty claim or multiple defendants, shall be subject to the jurisdiction of the territorially competent French courts, unless otherwise provided by law conferring mandatory jurisdiction on a foreign court.