PREAMBLE

The company Alaena Cosmétiques, a limited liability company with a share capital of 1,000 euros, whose registered office is located at 20 avenue du Sabaou - 64200 Biarritz, registered in the Bayonne Trade and Companies Register under number 823 882 154 ("Alaena Cosmétiques"), offers cosmetic products (the "Products") for sale via its websitewww.alaena-cosmetique.com (the “Site”).

The Site is an e-commerce site accessible to all Internet users. As users, you are personally responsible for the computer and telecommunications resources set up to access the Site and the costs of access and use are your responsibility.

These General Conditions, which are supplemented by the legal notices present on the Site, have the following purpose:

- on the one hand, to inform you about the terms and conditions of sale and delivery of the Products offered by Alaena Cosmetics, and

- on the other hand, to define your rights and obligations, and those of Alaena Cosmetics, within the framework of the use of the Site as well as within the framework of the sale of Alaena Cosmetics Products on the Site.

These General Conditions are presented in the French language.

Any Order placed on the Site implies your acceptance and unreserved adherence to these General Conditions, which you acknowledge having previously read in a durable format allowing them to be saved or printed.

By validating your Order and accepting the General Conditions, you declare that (i) you have full legal capacity and (ii) you have a perfect understanding of the General Conditions and the elements relating to your Order.

Alaena Cosmetics cannot be held responsible if a person who does not have the legal capacity to contract purchases Products on the Site. The legal guardians of this buyer assume full responsibility for the Order including the payment of the price.

Alaena Cosmetics reserves the right to modify these General Conditions at any time and without notice. The applicable General Conditions are those that you accepted at the time of placing your Order.

Given the dematerialization of exchanges, you agree that all data, information, files and any other computer element exchanged and stored in the computer systems of Alaena Cosmétiques and/or its partners, have the value of proof of all communications, Orders and payments made within the meaning of article 1366 of the Civil Code.

ARTICLE 1. DEFINITIONS

Alaena Cosmetics has the meaning given to it in the Preamble.
Customer means any User placing an Order on the Site.
Order means any order for Products placed by a Customer, with payment obligation, carried out and validated on the Site.
Customer Account has the meaning given to it in Article 4.
General Conditions means these general conditions of sale and use.
Force Majeure are considered to be cases of force majeure any irresistible, unforeseeable, unavoidable facts or circumstances, independent of the will of the Parties which cannot be prevented by the latter, and in particular but without this list being exhaustive: in the event of war, riot, strike, lockout, commercial dispute or disruption of work, fire, flood, storm, earthquake, interruption of telecommunications services or difficulties specific to telecommunications networks, or blockage of means of transport or supply.
Parties means Alaena Cosmetics, Users of the Site and Customers.
Price has the meaning given to it in Article 3.
Products has the meaning given to it in the Preamble.
Customer Service means the customer service of Alaena Cosmetics whose contact details appear in article 15.
Site has the meaning given to it in the Preamble.
User means any user of the Site who can access it, browse the pages of the Site and place Orders there, if applicable.

ARTICLE 2 - PRODUCTS OFFERED BY ALAENA COSMETICS

You will find on the Site the descriptions and essential characteristics of all the Products offered for sale to you.

You can therefore find out all useful information relating to the Products prior to any Order.

The offers presented are valid as long as they are visible on the Site and within the limits of available stocks.

We reserve the right to modify at any time the selection of Products presented for sale on the Site, subject to compliance with Orders placed.

We do our utmost to satisfy you and we strive to present and describe the articles in the most accurate and precise manner possible. However, although we have built our Site with the greatest care, the description of the Products may contain errors.

We strive to present photographs that are consistent with the Products sold. However, it is not excluded that the perception you may have of an item may be different from reality given the digital representation method, which you expressly admit.

We are committed to doing our best to correct any errors. To this end, we will be attentive to any comments you send to Customer Service.

The Products offered for sale comply with the legal and regulatory provisions in force in France. Alaena Cosmétiques may not be held responsible in any way for non-compliance with the legislation of the country where any product will be delivered if it is not France.

In the event of delivery to a country other than France, it is your responsibility to check with the local authorities of said country regarding the possibilities of importing or using the Products you plan to order.

ARTICLE 3. OUR PRICES

The prices of the Products are indicated in euros on the Site and include the applicable VAT (the “Price(s)”).

The Prices take into account the taxes applicable on the day of the Order and any change in the rate of these taxes will be automatically reflected in the Price of the Products.

We reserve the right to modify the Price of the Products at any time. The Products will be invoiced on the basis of the rate in force at the time of validation of your Order.

The Prices do not include delivery costs which will be indicated in addition prior to validation of your Order depending on the country where you wish to be delivered.

In the event of an Order to be delivered outside of French territory, your Order may be subject to possible taxes and customs duties when it arrives at its destination. Payment of these duties and taxes is your responsibility and we invite you to inquire with the competent authorities in your country.

ARTICLE 4. HOW TO CREATE A USER ACCOUNT ON OUR SITE

Ordering any product on the Site requires the creation of a personal online account via the Site (“Login”).
To this end, you must complete an online form on the Site, allowing you to provide your personal information, such as in particular: your surname, first name, email address, postal address, telephone number.
You agree to provide accurate and truthful information and to update it in the event of any changes that may occur.
You choose a password, your username corresponds to your email address. This username and password, strictly personal, ensure the security of your Customer Account.
You must ensure that you keep your username and password secure, as you will be solely responsible for any activity through your Customer Account. If you lose your password, in order to be able to access your Customer Account again, you have the option of generating a new password by requesting one on the Site.
Alaena Cosmetics is in no way responsible for any possible identity theft. You must report to us any event that appears fraudulent to you on your Customer Account, so that appropriate measures can be taken.

ARTICLE 5. PLACING AN ORDER ON THE SITE

The Order of Products on the Site is subject to compliance with the procedure set up by Alaena Cosmétiques which includes several successive stages leading to the validation of the Order with obligation of payment.
You make your selection by browsing the pages of the Site and adding the desired Product(s) to your basket.
The basket summarizes the Products chosen, the desired quantities as well as the Prices and the delivery costs relating to them.
At any time, you have the possibility to validate your basket in order to proceed with the Order.
Before definitively validating your Order, you will have the opportunity to check the information transmitted and in particular all the elements useful for delivery. You have the option at any time to identify and correct any possible error in the entry of your data.
Finally, before proceeding with payment, you must read these General Conditions and the validation of your Order is subject to their unreserved acceptance by a checkbox indicating the words "I have read the general conditions of sale and use and I accept them without reservation".
The Order is processed by our services upon receipt of payment and we will send you an email acknowledging receipt, indicating the description of your Order.
Alaena Cosmetics reserves the right to refuse an Order in the event of a payment incident, in the event of fraud or attempted fraud relating to the use of the Site or an existing dispute or in the event of previous Orders. You will be notified of this refusal by e-mail, and the Order will be refunded in the event that your means of payment has been debited.
In the event of unavailability of one or more Products ordered, you will be notified by e-mail, as soon as possible, of this unavailability and of the total or partial cancellation of the Order. You will be reimbursed for the amount corresponding to the unavailable Product(s) no later than 7 days from payment of the sums paid.

ARTICLE 6. PAYMENT TERMS

Payment for Orders is made by bank card (Visa, MasterCard, American Express, other credit cards).

You guarantee that you are the holder of the bank card used for payment or that you are duly authorized to use it.

As part of payment security, we reserve the right to ask you for additional information if we deem it necessary, such as an identity document or proof of address.

Alaena Cosmetics cannot be held responsible for any fraudulent use of the payment method used.

Alaena Cosmetics uses the Stripe secure payment service using “3D Secure” technology for all payments made on the Site. Payments are secured using a banking data encryption protocol and we do not store bank card numbers.

ARTICLE 7. DELIVERY OF PRODUCTS

The Products are delivered to the address provided at the time of validation of the Order, at the latest on the date indicated in the confirmation message of your Order. You must therefore ensure the accuracy of this address.

Alaena Cosmetics delivers to all territories, with the exception of territories applying official standards prohibiting the importation of all or part of the Products sold on the Site.

Alaena Cosmétiques entrusts the delivery of the Products to the Colissimo services of La Poste. Delivery times run from the receipt of the e-mail confirming the Order.

The transfer of risks of loss and deterioration relating to the Products will be transferred to you upon their delivery.

In the event of a delay in delivery, we will inform you by email as soon as possible and offer you a new date.

In the event of a delay not due to Force Majeure, you have the option to cancel the Order. You must first send a formal notice, by registered letter with acknowledgment of receipt or by e-mail to Customer Service, requesting delivery within a reasonable additional period. If this new deadline is not respected, you have the option to request the termination of the Order under the same formal conditions. You can then be reimbursed for the total amount of the Order including delivery costs, as soon as possible and at the latest within fourteen (14) days following receipt, by Alaena Cosmétiques, of the registered letter with acknowledgment of receipt or the e-mail.

If you or the recipient are absent on the day of delivery, the delivery person will leave a calling card in the mailbox, to allow you to collect the package at the location and during the time indicated.

In the event that the package is not collected within the indicated time, the package is reshipped to Alaena Cosmetics, and you have the choice between reshipping the package at your expense, or refunding the Order, delivery costs deducted.

No dispute regarding delivery is possible if the package appears to have been delivered, the computer system (flashing) of La Poste being authentic.

If you receive a damaged package (damaged, torn, opened package, etc.), you can:

- either refuse the package, under the conditions provided by the carrier, the package then being returned to Alaena Cosmétiques,

- either receive the package while reporting the deterioration of its packaging to the carrier, under the conditions provided by the carrier, as well as to Customer Service within a maximum period of three (3) days.

You must check the condition of the delivered items. In the event of damaged or missing items or in the event of a delivery error (Products not corresponding to the Order), you must file a complaint with Customer Service within a maximum of three (3) days accompanied by any evidence supporting the complaint.We may carry out any necessary checks on this occasion.

In the event of a delivery error or damaged Products, the Products must be returned to us in their entirety and in their original packaging by Colissimo, to the following address: Alaena Cosmetics – Returns –  Villa Sion,  79 Bis Rue d'Espagne, 64200 Biarritz. These return costs are the responsibility of Alaena Cosmétiques.

Failure to comply with these procedures excludes any recourse against Alaena Cosmétiques and you will not be able to claim, in particular, any reimbursement or for Alaena Cosmétiques to deliver new Products ordered to you.

ARTICLE 8. YOU CHANGE YOUR MIND

You have a period of fourteen (14) days from the day after delivery to return the Products without penalty and without giving any reason, by notifying your withdrawal to Customer Service. For this purpose, you will find a model withdrawal form in Appendix 1 of these General Conditions.

You must return the Product(s) concerned to us at the following address: Alaena Cosmetics – Returns –  Villa Sion,  79 Bis Rue d'Espagne, 64200 Biarritz. The Products must be returned in their original packaging, in perfect condition, unopened and accompanied by its/their possible accessories. We advise you to return them by a mode of transport with a tracking number in order to provide you with proof of return.

Return costs are your responsibility.

You cannot exercise your right of withdrawal on unsealed Products whose re-marketing would present risks for reasons of hygiene or protection of consumer health.

Subject to compliance with the conditions of the right of withdrawal provided above, we will reimburse you for the amount of the Products concerned as well as the delivery costs, within a maximum period of fourteen (14) days from receipt of the Products by Alaena Cosmétiques.

ARTICLE 9. YOUR GUARANTEES

The Products sold on the Site are covered by the legal guarantee of conformity provided for in Articles L.217-4 et seq. of the Consumer Code and by the legal guarantee of hidden defects provided for in Articles 1641 et seq. of the Civil Code, the articles of which are reproduced below.

Legal guarantee of conformity
Extracts from the Consumer Code

Article L.217-4 of the Consumer Code: "The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility."

Article L.217-5 of the Consumer Code: “The good conforms to the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted."

Article L.217-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the good."

Article L.217-16 of the Consumer Code: "When the buyer asks the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the buyer's request for intervention or from the provision for repair of the item in question, if this provision is subsequent to the request for intervention.

Guarantee against hidden defects
Extracts from the Civil Code

Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."

Article 1648 paragraph 1 of the Civil Code: "The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect."

For any complaints relating to these legal guarantees, please contact Customer Service.

These provisions are not exclusive of the right of withdrawal provided for in Article 6 above.

With regard to the legal guarantee of conformity:

- you have a period of two (2) years from delivery of the goods to take action;

- you can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code;

- you are exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods.

You may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and in this case, you have the choice between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

ARTICLE 10. OUR RESPONSIBILITY

We do our utmost to satisfy you. We are responsible for the proper execution of these General Conditions.

However, we cannot be held liable for a case of Force Majeure, the unforeseeable and insurmountable act of a third party, a failure or clumsiness of the Customer or the non-conformity of a product with foreign legislation in the event of delivery to a country other than France.

Also, Alaena Cosmetics cannot be held responsible for use of the Products that does not comply with their instructions for use.

Alaena Cosmétique has only an obligation of means with regard to access to the Site, its consultation and the Order process. It cannot be held responsible in the event of damage inherent to the operation of the Internet, in particular any connection disruption or any intrusion of computer viruses.

ARTICLE 11.USE OF THE SITE

Users undertake not to use the Site or to act in the context of the services offered by the Site in a way that would undermine public order, morality, the rights of third parties or that would violate laws or regulations in force and, more generally, that could give rise to the civil or criminal liability of Alaena Cosmétiques (such as, in particular, the exercise of illegal, fraudulent activities or activities that undermine the security of third parties, intrusion into the computer system of a third party or any other activity likely to harm, control, interfere with or intercept all or part of the computer system of a third party, steal all or part of it or its security, sending unsolicited emails and/or commercial prospecting that could be similar to spamming, etc.).

ARTICLE 12. DEACTIVATION OF YOUR CUSTOMER ACCOUNT

You may request the deletion of your Customer Account at any time by sending a request to this effect to Customer Service.

Also, failure to comply with these General Conditions, as well as any payment incident, any action contrary to the interests of Alaena Cosmétiques, the provision of false information, may result in the suspension of access to the Customer Account or even the deletion of said account depending on the degree of seriousness of the actions in question, without any damages or compensation whatsoever being claimed from Alaena Cosmétiques.

Alaena Cosmetics reserves the right to refuse any Order from a Customer with whom such a dispute exists, even if the Customer uses a new account.

ARTICLE 13. PROCESSING OF YOUR PERSONAL DATA

We collect your personal information and data when you register a User Account and when you place an Order. We may also collect personal data of the recipients of Orders when they are different from the buyer.

You consent to the collection and processing of your personal data, as well as non-personally identifiable data (e.g. anonymous user data, cookies, IP address, browser type, etc.).

The collection of this data is necessary for the management of your Orders, as well as the improvement of the services and information that we send you. [This data may also be used for loyalty, commercial prospecting and promotional purposes.]

[Information may also be transmitted to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment.]

In accordance with the "Information Technology and Freedoms" law of January 6, 1978, in its latest updated version, Alaena Cosmétiques undertakes to take all useful precautions to preserve the security of personal data concerning users of the Site, and in particular to prevent this data from being distorted, damaged or accessed by unauthorized third parties.

In accordance with the "Information Technology and Freedoms" law of January 6, 1978, in its latest updated version in force, you have a permanent right of access, modification, rectification and opposition to information concerning you.

You can subscribe to the Alaena Cosmetics newsletter and thus choose to be regularly informed of the offers proposed. You have the possibility, at any time, to unsubscribe by clicking on the link provided for this purpose on each of the newsletters.

ARTICLE 14.COOKIES

In order to allow optimal navigation on the Site, Alaena Cosmétiques may use cookies on the computers of Users who expressly authorize it. These cookies make it possible to store information relating to navigation on the Site, as well as any data entered by Users.

The User has the option to block, modify the storage period, or delete these cookies via the interface of his browser. If the systematic deactivation of cookies on the User's browser prevents him from using certain services or features of the Site, this malfunction cannot under any circumstances constitute damage for the latter who will not be able to claim any compensation for this reason.

ARTICLE 15. CONTACTING US IN CASE OF NEED

For any information or questions you can consult the FAQ available here.

For any specific questions or complaints under these General Conditions, you can contact our Customer Service at the following contact details:

- by completing the form provided in the “Contact us” section;

- by e-mail to the address:contact@alaena-cosmetique.com ;

- by telephone from Monday to [Friday] from 9 a.m. to 7 p.m. at: 05 59 23 96 92 (cost of a local call from France);

- by mail to the address: Alaena Cosmetics –  Villa Sion,  79 Bis Rue d'Espagne, 64200 Biarritz.

ARTICLE 16. INTELLECTUAL PROPERTY

The Site and all of the elements that compose it, namely in particular, the domain names, the graphic charter of the Site, the logo and the brand "Alaena Cosmétiques", the texts, images, photographs and illustrations published, the structure and the source code of the Site, the databases, are the exclusive property of Alaena Cosmétiques, unless specifically mentioned otherwise on the Site.

Any distribution, exploitation, representation, reproduction or modification, partial or complete, without the express authorization of Alaena Cosmétiques is prohibited and exposes the offender to civil and criminal prosecution.

ARTICLE 17. LINKS TO OTHER INTERNET SITES

The Site may provide links to other Internet sites for which Alaena Cosmétiques declines all responsibility as to their content and practices.

ARTICLE 18. NON-WAIVER

The fact that one of the Parties does not assert a breach by the other Party of any of the obligations referred to in these General Conditions does not constitute a waiver of the obligation in question.

ARTICLE 19. PARTIAL INVALIDITY

If one or more provisions of these General Conditions should be held to be invalid pursuant to a law, regulation or following a final decision of a competent court, the other provisions of these General Conditions shall remain fully valid and enforceable.

ARTICLE 20. ASSIGNMENT

You may not assign or transfer your rights and obligations under these General Conditions to any third party without the prior written consent of Alaena Cosmetics.

Alaena Cosmetics may, at any time, assign or transfer all or part of its rights and obligations under these General Conditions, in particular in the context of a reorganization, provided that this transfer or assignment does not deprive Customers of their rights.

ARTICLE 21. APPLICABLE LAW AND SETTLEMENT OF DISPUTES

These General Conditions are subject to French law.

In the event of a complaint or dispute relating to the execution or interpretation of these General Conditions, you must contact Customer Service in order to attempt to resolve any dispute amicably.

If an amicable solution cannot be found, you can call on the mediator for distance selling companies at MEDYCIS, of which Alaena Cosmétiques is a member.

Also, subject to your residence in the European Union, you can submit your complaint on the dispute resolution platform put online by the European Commission on the sitehttps://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR The European Commission will forward the complaint to the notified competent national mediators.

Unless otherwise provided by law or mandatory provisions more favorable to the contrary, any dispute in relation to the General Conditions will be subject to the exclusive jurisdiction of the competent French courts, it being specified that the time limits for taking legal action are not interrupted during the time during which an amicable solution is sought or mediation is requested.

ANNEX 1 - MODEL WITHDRAWAL FORM

You can use the model withdrawal form below:
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of ALAENA COSMETIQUES, Villa Sion,  79 Bis Rue d'Espagne, 64200 Biarritz,contact@alaeana-cosmetique.com :

I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*) / for the provision of services (*) below:

Ordered on (*)/received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of the consumer(s) (only if this form is notified on paper):

Date :

(*) Delete as appropriate