Terms of Sale

MAKE UP ARTS PRODUCTION

GENERAL TERMS AND CONDITIONS OF SALE AND USE

PART 1 – CONSUMER CUSTOMERS

GENERAL TERMS AND CONDITIONS OF SALE AND USE

(ONLINE SALES – CONSUMER CUSTOMERS)

1. INTRODUCTION

MAKE UP ARTS PRODUCTION is a French limited liability company (SARL), registered with the Paris Trade and Companies Register under number 349 414 573, whose registered office is located at 22 Rue de Londres – 75009 PARIS (hereinafter “MAP” or the “Company”).

The term “MAP” used hereinafter refers both to the Company and to any company affiliated with it, any subsidiary and/or branch, whether French and/or foreign, as well as their successors and/or any company succeeding to their rights under these terms.

MAP Customer Service is available at the following contact details: 22 Rue de Londres – 75009 PARIS, email: sav@makeupatelier.fr, telephone: 06 75 57 35 26 (cost of a local call from a landline), opening hours: 10:00 a.m. to 6:00 p.m., Monday to Friday (hereinafter the “Customer Service”).

MAP’s business activities include, in particular, the development and marketing of cosmetic and make-up products (hereinafter the “Products”) as well as make-up training programmes (hereinafter the “Services”).

MAP owns and publishes the commercial website http://www.makeupatelier.fr (hereinafter the “Site”).

The Site offers MAP Products and Services for sale to consumer customers in accordance with Part 1 of these General Terms and Conditions of Sale and Use (hereinafter the “GTCU”). Professional customers are governed by Parts 2 and 3 of the GTCU, which are specific and separate from these terms.

The GTCU apply exclusively between MAP and any CONSUMER CUSTOMER.

The GTCU define the terms on which MAP sells its Products and/or Services to CONSUMER CUSTOMERS, as well as the respective rights and obligations of MAP and any CONSUMER user of the Products and/or Services (hereinafter the “Customer”).

For the purposes of these terms, a “CONSUMER CUSTOMER” means any natural person acting in a personal and individual capacity, without any professional or commercial purpose and without acting on behalf of or in connection with a legal entity.

The GTCU are binding on every sale of Product(s) and/or Service(s) to any Customer and on every use of Product(s) and/or Service(s) by any Customer.

The GTCU prevail over any other document relating to such purchases and uses of MAP Product(s) and/or Service(s).

The GTCU may be accessed, downloaded and printed at any time from the MAP Site.

2. DEFINITIONS

In these terms, capitalised terms have the meanings given to them in the Introduction above and, in addition, the following meanings:

“Discount-Eligible Customer”: means any Customer who is a student or works in a field requiring the use of professional make-up products (make-up, beauty, hairdressing, audiovisual, cinema, live entertainment, photography, dance, modelling schools, etc.), who holds a valid student card or professional card and provides supporting evidence to MAP by email in order to benefit from discounted prices on MAP Products.

“Confirmation”: means the email confirming MAP’s registration of the Customer’s Order, including a reminder of the delivery method selected by the Customer and an Order number enabling the Customer to track it with the Carrier designated by MAP.

“Order”: means any order for MAP Product(s) and/or Service(s) placed on the Site.

“Customer Account”: means the Customer’s personal account enabling the Customer to identify themselves on the Site.

“Use-By Date”: means the expiry date appearing on the Product packaging as supplied by MAP, after which the Product(s) must no longer be used.

“Personal Data”: means any information relating to an identified or identifiable natural person; an “identifiable natural person” is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, online identifier, or to one or more factors specific to that person’s physical, physiological, genetic, mental, economic, cultural or social identity.

“IP Elements”: means all intellectual and/or industrial property rights held by MAP as set out herein.

“Credentials”: means the Customer’s email address and password enabling access to the Customer Account.

“Instructions for Use”: means the instructions for using each Product appearing in the instructions included in or on its packaging as supplied by MAP.

“Party” or “Parties”: means MAP and/or the Customer, individually or collectively.

“Data Protection Policy”: means MAP’s privacy and personal data protection policy concerning the processing of Customers’ Personal Data.

“Price”: means the selling price of Product(s) and/or Service(s) to the Customer as defined herein.

“Applicable Regulations”: means the legal provisions applicable to Personal Data protection, including in particular French Data Protection Act No. 78-17 of 6 January 1978, as amended, and Regulation (EU) 2016/679, known as the “GDPR”.

“Carrier”: means the carrier external to MAP responsible for transporting Orders to the Customer.

3. RETAIL SALES ONLY

The Site offers Products and/or Services to the Customer on a retail basis only.

The Customer therefore acknowledges and agrees that Products and/or Services may only be purchased in quantities corresponding to the average needs and uses of a non-trading individual.

Products and Services are reserved for the Customer’s own private use.

Products and Services purchased on the Site may under no circumstances be resold by the Customer or any third party.

MAP reserves the right to refuse any Order that does not comply with these terms.

4. CONDITIONS OF ACCESS TO PRODUCTS AND SERVICES

4.1 ACCEPTANCE OF MAP’S GTCU

Any purchase of Product(s) and/or Service(s) is subject to the Customer first reading and accepting the GTCU.

In all circumstances, any purchase and/or use of Product(s) and/or Service(s) by the Customer constitutes unconditional acceptance of the GTCU in force at the time of such purchase and/or use.

After reading the GTCU and ticking the acceptance box provided by MAP, the Customer expressly declares that they accept all provisions of the GTCU, which become binding upon them from that time.

4.2 AGE DECLARATION

By accepting the GTCU, the Customer expressly declares that they are of legal age and have legal capacity to enter into these terms or, if they are a minor, warrants that they have the express permission of a parent or legal guardian allowing them to enter into these terms. The Customer undertakes to provide proof thereof to MAP upon first request.

4.3 CREATION OF A CUSTOMER ACCOUNT

The Customer may place an Order either by creating a Customer Account or by validating the Order as a “Guest”, following the instructions and providing the information required on the Site for each option.

If the Customer wishes to obtain Discount-Eligible Customer status, the Customer must send MAP an email including supporting evidence to office@makeupatelier.paris. The Discount-Eligible Customer will then benefit from preferential selling prices for MAP Product(s) and/or Service(s).

When creating a Customer Account, the Customer provides information enabling their identification under their sole responsibility. The Customer expressly undertakes that this information will be complete and accurate and will not infringe the rights of third parties, in particular by misappropriating a third party’s identity.

When creating a Customer Account, the Customer chooses their identifier (email address) and password in accordance with MAP’s requirements; together, these constitute the Customer’s Credentials.

The Customer may change their password only at any time, including in the event of loss, by following the instructions in their Customer Account.

A Customer Account is strictly individual and personal.

The Customer undertakes at all times to maintain the strict confidentiality of their Credentials, both personally and through any employees or service providers acting on their behalf, and not to disclose them to any third party.

The Customer also undertakes to notify MAP by any means, as soon as they become aware of any unauthorised or fraudulent use of Product(s) and/or Service(s) or of their Credentials. The Customer will then be invited to change their password. The Customer is also informed that MAP may have to delete the Customer Account.

If MAP suspects that Credentials are being used by a third party, MAP reserves the right to close any Customer Account without prior notice.

By express agreement between the Parties, any operation performed using the Customer’s Credentials is deemed to originate from the Customer, who bears sole responsibility for it, insofar as MAP has no obligation and does not have the technical means to verify the identity of persons logging in using the Credentials.

Under no circumstances may MAP be held liable in the event of identity theft affecting a Customer.

The Customer may request closure of their Customer Account at any time through their Customer Account.

Upon receipt of the request, the Account will be deactivated within 48 hours. All data relating to the Customer Account will be deleted, except data that MAP is entitled to retain in accordance with its Personal Data Protection Policy.

Personal Data linked to the Customer Account will be processed in accordance with the Applicable Regulations and the Data Protection Policy.

The Customer is informed that any Customer Account may be deleted if the Customer fails to comply with the GTCU.

5. CHARACTERISTICS OF PRODUCTS AND/OR SERVICES

The Products and Services available for sale to the Customer are those shown on the Site.

Offers are valid for as long as they remain visible on the Site.

They are offered subject to the availability indicated on the Site.

MAP reserves the right, at any time and before an Order is placed, to withdraw any Product and/or Service from sale and/or replace or amend any information associated with any Product and/or Service.

The characteristics of Products and/or Services sold on the Site (photographs, representations, descriptions, etc.) are provided for information only and may change over time.

Only the characteristics of the Products and/or Services displayed when the Order is validated are authoritative.

The Instructions for Use and Use-By Dates of the Products are mandatory and must be strictly observed by the Customer.

6. PROCEDURE FOR PURCHASING PRODUCTS AND/OR SERVICES

To purchase Products and/or Services, the Customer must follow the purchasing process presented on the Site. In particular, the Customer must check the Products and/or Services in their basket and their selected delivery method, then click “Order” and finally proceed to payment in accordance with the terms set out herein.

Any validated Order commits the Customer to full payment.

Every Order is subject to MAP’s acceptance and is only definitively confirmed once the Customer receives an email confirming that MAP has registered the Order.

The Confirmation will include a reminder of the selected delivery method and an Order number enabling the Customer to track the Order with the Carrier designated by MAP.

The Customer is advised to print the Order Confirmation.

MAP may under no circumstances be held liable for an input error made by the Customer that prevents validation of the Order, issue of the Confirmation or completion of delivery.

The Customer is informed that any Order may be cancelled and refunded if it is established that the circumstances in which it was placed did not comply with the GTCU.

7. PRICE OF PRODUCTS AND/OR SERVICES AND SHIPPING COSTS

The Prices of Products and/or Services are those displayed on the Site at the time the Customer validates each Order.

A Discount-Eligible Customer benefits from the reduced prices displayed when placing the Order.

Prices of Products and Services are stated on the Site in euros, inclusive of all taxes (VAT included), excluding shipping costs.

They include any reductions/discounts applicable on the date of the Order.

They include VAT at the rate applicable on that date.

They also include any new taxes or contributions, including environmental charges, that may apply to Products and/or Services.

Shipping costs are communicated to the Customer on the Site before the Order is validated.

They vary depending on the delivery method selected by the Customer.

The total Price, including the price of the Products and/or Services and shipping costs, is restated in the Confirmation.

8. INVOICING AND PAYMENT TERMS

The Order is payable on the Site at the time of ordering using the payment methods offered on the Site.

An invoice corresponding to the paid Order will be provided to the Customer in paper form when the Order is delivered and will also be accessible and printable directly from the Site through the Customer Account used for the purchase.

MAP does not collect any payment data from its Customers. All payments on the Site are processed through service providers external to MAP under their own terms and conditions, for which MAP is not responsible.

The Customer undertakes to provide all information required to ensure effective processing of payments.

The Customer warrants to MAP that they hold all authorisations required to use the selected payment method.

9. DELIVERY OF PRODUCTS

Products sold on the Site are available for delivery to all countries listed and in accordance with the delivery terms and rates announced on the Site.

The Customer is informed that MAP does not itself deliver Orders but uses external Carriers, which are solely responsible for transporting Orders.

When the Order is dispatched by the Carrier, MAP informs the Customer by email sent to the email address entered in the Customer Account.

9.1 DELIVERY METHOD

The Customer is informed that it is their responsibility to provide all details necessary for proper routing and successful delivery of the Order (for example, access code or access instructions). MAP may under no circumstances be held liable for an input error by the Customer that prevents the Carrier from completing delivery.

The delivered parcel will contain a delivery note summarising the Products ordered and delivered, as well as an invoice corresponding to the Order. The terms applicable to any returns are set out in Article 11 of these GTCU.

If the Customer is absent at the time of delivery, a notice from the Carrier will inform the Customer of the arrangements for collection or redelivery of the parcel, under the Carrier’s sole and exclusive responsibility.

If delivery is impossible due to an error in the information provided by the Customer when placing the Order (incomplete or incorrect address, etc.), the parcel will be returned to MAP by the Carrier. MAP will inform the Customer by email at the address stated in the Customer Account.

The Customer is responsible for providing all details required for successful delivery of the Order (for example, access code or access instructions). All costs resulting from a failed delivery in this context will be borne by the Customer.

The Customer may then either complete the missing information and request redelivery of the Order at the prices and within the time limits applicable to a new delivery, or cancel the Order and obtain a refund. In all cases, the costs of the failed delivery will remain payable by the Customer.

9.2 DELIVERY TIMES

Products will be delivered within a period not exceeding THIRTY (30) days following the date of the Confirmation.

After that period, the Order will be deemed cancelled and the Customer will receive a full refund.

Delivery is deemed completed when the Order is handed over to the Customer by the Carrier, as evidenced by the delivery-control system used by the Carrier.

10. DELIVERY OF SERVICES

The Services consist of make-up training sessions provided directly by MAP or by its partners.

The characteristics of these Services are described on the Site.

The dates, times and locations of Services offered by MAP or its partners are agreed jointly between MAP and the Customer and confirmed in the Confirmation.

Once the Order has been placed, the dates, locations and times of the Services may no longer be changed.

Any cancellation of a Service is subject to the provisions relating to the right of withdrawal set out in Article 11 below. Beyond the rights mandatorily provided by law, no cancellation will give rise to any refund unless MAP expressly agrees otherwise.

11. RIGHT OF WITHDRAWAL, RETURNS AND STATUTORY WARRANTIES

11.1 RIGHT OF WITHDRAWAL – PRODUCTS

In accordance with the French Consumer Code, a consumer Customer has FOURTEEN (14) calendar days from receipt of the Order to exercise the right of withdrawal, without having to give any reason for the decision.

Where the Order covers several Products delivered separately or several lots or pieces delivered on a staggered basis over a defined period, the withdrawal period begins upon receipt of the last Product, lot or piece.

The Customer exercises the right of withdrawal by informing MAP, before expiry of that period, of the decision to withdraw, using the withdrawal form included herein or any other unambiguous statement expressing the Customer’s wish to withdraw.

Where the Order was concluded at a distance via the Site, the Customer may also exercise the right of withdrawal using the online withdrawal function made available on the Site in accordance with applicable law.

MAP will provide the Customer with an acknowledgement of receipt on a durable medium when the withdrawal is submitted using the online withdrawal function.

From the date on which the Customer communicates the decision to withdraw, the Customer has a maximum period of FOURTEEN (14) days to return the Products concerned.

11.2 COSTS AND RETURN PROCEDURE IN THE EVENT OF WITHDRAWAL

The direct cost of returning Products when exercising the right of withdrawal is borne entirely by the Customer.

MAP does not provide a prepaid return label for returns made solely under the right of withdrawal.

The Customer is free to choose the carrier of their choice. The Customer is strongly advised to use a shipping method that allows the parcel to be tracked and to retain proof of dispatch until the return has been fully processed.

Products must be suitably packed and protected in order to prevent damage during transport.

Products returned under the right of withdrawal must be sent to:

Loma Europa Cosmeticos
Zona Ind. de S. Domingos, II Lt. 18
4540-177 Arouca
Portugal

To enable the return to be identified and processed, the Customer is invited to include the Order number and their contact details in the parcel.

The Customer is liable for any diminished value of the Products resulting from handling other than that necessary to establish their nature, characteristics and proper functioning.

11.3 PRODUCTS EXCLUDED FROM THE RIGHT OF WITHDRAWAL

In accordance with the French Consumer Code, the right of withdrawal may not, in particular, be exercised for Products that have been unsealed by the Customer after delivery and that cannot be returned for reasons of hygiene or health protection.

This exclusion may apply in particular to cosmetic or make-up products where the seal, protective membrane or any other protective device guaranteeing integrity and hygiene has been removed or altered and the Products can no longer be returned for reasons of hygiene or health protection.

This exclusion from the right of withdrawal does not affect the Customer’s rights where the Product is defective or non-conforming.

11.4 REFUND IN THE EVENT OF WITHDRAWAL

Where the right of withdrawal is validly exercised, MAP refunds the Customer the sums paid for the Products concerned as well as the initial delivery costs corresponding to MAP’s standard delivery method.

Where the Customer expressly selected a delivery method that is more expensive than MAP’s standard delivery method, the additional cost resulting from that choice is not refunded.

The refund is made without undue delay and no later than FOURTEEN (14) days from the date on which MAP is informed of the Customer’s decision to withdraw.

MAP may nevertheless defer reimbursement until the Products have been recovered or until the Customer provides proof that they have been dispatched, whichever occurs first.

The refund is made using the same means of payment as that used by the Customer for the Order, unless the Customer expressly agrees to another payment method that does not result in any additional costs.

The costs incurred by the Customer in sending the Products to the return address when exercising the right of withdrawal remain payable by the Customer and are not refunded.

11.5 STATUTORY GUARANTEE OF CONFORMITY

The provisions above under which return costs are borne by the Customer apply to returns made under the right of withdrawal. They do not apply where a Product is returned under the statutory guarantee of conformity.

The professional liable under the statutory guarantee of conformity is:

MAKE UP ARTS PRODUCTION
22 Rue de Londres – 75009 PARIS
Email: sav@makeupatelier.fr
Telephone: 06 75 57 35 26

The Customer is informed that they have TWO (2) years from delivery of the Products to invoke the statutory guarantee of conformity where a lack of conformity appears. During this period, the Customer is only required to establish the existence of the lack of conformity and not the date on which it arose.

The statutory guarantee of conformity entitles the Customer to repair or replacement of the Product within a period not exceeding THIRTY (30) days following the request, free of charge and without major inconvenience to the Customer.

If the Product is repaired under the statutory guarantee of conformity, the Customer benefits from a SIX (6)-month extension of the original guarantee.

If the Customer requests repair of the Product but MAP requires replacement under the conditions provided by law, the statutory guarantee of conformity is renewed for a period of TWO (2) years from the date on which the replacement Product is delivered.

The Customer may obtain a Price reduction while retaining the Product or terminate the contract and receive a full refund against return of the Product in the cases provided for by the French Consumer Code, including where:

MAP refuses to bring the Product into conformity;
Conformity is restored more than THIRTY (30) days after the Customer’s request or causes major inconvenience to the Customer;
The Customer permanently bears the costs of taking back or removing the non-conforming Product or the costs associated with bringing it into conformity;
The Product remains non-conforming despite an unsuccessful attempt to bring it into conformity.

The Customer may also obtain a Price reduction or termination of the contract where the lack of conformity is sufficiently serious to justify doing so without prior repair or replacement.

The Customer is not entitled to rescind the sale where the lack of conformity is minor.

Any period during which the Product is unavailable for repair or replacement suspends the remaining guarantee period until the repaired or replacement Product is delivered.

The rights referred to above arise from Articles L. 217-1 to L. 217-32 of the French Consumer Code.

Bringing the Product into conformity is carried out at no cost to the Customer.

Where return of the Product is necessary to implement the statutory guarantee of conformity, MAP will inform the Customer of the return procedure and will bear the corresponding costs. If, with MAP’s agreement, the Customer has advanced necessary costs for returning a Product recognised as non-conforming, those costs will be refunded upon presentation of the relevant supporting documents.

11.6 WARRANTY AGAINST LATENT DEFECTS

The Customer also benefits from the statutory warranty against latent defects under Articles 1641 to 1649 of the French Civil Code for a period of TWO (2) years from discovery of the defect. Under the conditions provided by law, this warranty allows the Customer either to retain the Product and obtain a reduction of the Price or to return the Product and obtain reimbursement of the Price.

11.7 DAMAGED, DEFECTIVE OR INCORRECT PRODUCT

Where a Product received by the Customer is damaged, defective, does not conform to the Order, or an order-preparation error attributable to MAP is identified, the Customer must contact Customer Service as soon as possible so that MAP can review the request and provide the applicable handling procedure.

Where the defect, lack of conformity or error attributable to MAP is established, the necessary return costs will not be charged to the Customer.

11.8 RIGHT OF WITHDRAWAL – SERVICES

For contracts for the provision of Services concluded at a distance, a consumer Customer is in principle entitled to a FOURTEEN (14)-day withdrawal period from conclusion of the contract.

If the Customer wishes performance of a Service to begin before expiry of that period, MAP will first obtain the Customer’s express request.

Where performance of the Service has begun at the Customer’s express request before expiry of the withdrawal period and the Customer subsequently exercises the right of withdrawal, the Customer remains liable for the amount corresponding to the Service actually supplied up to the time the decision to withdraw is communicated, calculated proportionally to the total agreed price.

Where the Service has been fully performed before expiry of the withdrawal period, the Customer loses the right of withdrawal where performance began with the Customer’s prior express consent and after the Customer expressly acknowledged that the right of withdrawal would be lost once the Service had been fully performed.

11.9 WITHDRAWAL FORM

The Customer may use the form below to exercise the right of withdrawal. Use of this form is not mandatory provided that the Customer sends MAP an unambiguous statement expressing the wish to withdraw.

For the attention of:

MAKE UP ARTS PRODUCTION
22 Rue de Londres
75009 PARIS – France
Email: sav@makeupatelier.fr

I hereby give notice that I withdraw from the contract for the sale of the following Product(s) / provision of the following Service(s):

Product(s) or Service(s) concerned:

Order number:

Ordered on:

Received on, where applicable:

Customer’s full name:

Customer’s address:

Email address:

Date:

Customer’s signature, only if this form is submitted on paper:

12. CONDITIONS OF USE OF PRODUCTS AND/OR SERVICES

The Customer undertakes to use the Products and/or Services in accordance with the GTCU and Instructions for Use, in particular by complying with the Use-By Dates provided by MAP. The Customer also undertakes to use the Products and/or Services in compliance with applicable laws and regulations, public policy and accepted standards of conduct.

The Customer undertakes not to carry out any act, whether intentional or otherwise, that could affect the normal operation of the Site, MAP, any of its partners, or any of its Products and/or Services.

The Customer undertakes to notify MAP immediately of any act of infringement or other violation affecting Product(s) and/or Service(s), or more generally of any act likely to cause harm to MAP of which the Customer becomes aware.

Any unauthorised, unlawful or otherwise non-compliant use of Product(s) and/or Service(s) will result in immediate closure of the Customer Account without any entitlement to compensation, without prejudice to any legal proceedings.

13. CUSTOMER WARRANTIES

The Customer warrants that they:

have the rights and capacity to be bound by the GTCU and to comply with them at all times;
will comply with the GTCU and all legal provisions applicable to the Product(s) and/or Service(s) they use, and will ensure compliance by any person acting in their name and on their behalf;
will use MAP Services and Products strictly in accordance with these GTCU.

The Customer further expressly agrees to refrain from:

attempting to obtain and/or use unauthorised access to Product(s) and/or Service(s);
obstructing or disrupting the marketing of Product(s) and/or Service(s) and/or MAP’s activities;
removing or circumventing any technical protection measure (“TPM”) implemented by MAP, or using or creating for any purpose any means designed to facilitate the unauthorised removal or circumvention of TPMs;
disparaging MAP and/or its Products and/or Services on social networks and/or through any other means of communication.

The Customer expressly undertakes that the information provided under these terms will be complete and accurate and will not infringe third-party rights, including by misappropriating a third party’s identity. The Customer will regularly update the information provided to MAP and remains personally and solely responsible for it. Any breach of any of these commitments constitutes a fault by the Customer capable of engaging the Customer’s liability.

The Customer shall indemnify and hold harmless MAP and/or its partners against any action, complaint or claim brought by a third party arising from any breach of the above commitments and/or, more generally, from the Customer’s use of Product(s) and/or Service(s), including any legal and procedural costs, and undertakes in this respect to intervene in any legal proceedings brought against MAP and/or its partners.

14. LIABILITY

MAP undertakes to describe its Products and Services as accurately as possible and to keep the information it publishes updated under the best possible conditions.

However, MAP cannot guarantee that the information appearing on the Site and/or its promotional or sales materials is exhaustive.

The interpretation and use of information associated with Service(s) and/or Product(s) are the Customer’s sole responsibility, without MAP incurring liability.

MAP will not be liable for non-material differences between the visuals and characteristics shown and the Product(s) and/or Service(s) delivered.

The Customer also acknowledges the inherent vulnerability of the Internet, particularly with regard to the spread of viruses, for which MAP, its hosting providers and technology suppliers cannot be held liable.

The Customer is responsible for implementing security solutions and measures within their own equipment to prevent the spread of viruses.

In connection with performance of the GTCU, MAP or, where applicable, its hosting providers and technology suppliers may never be held liable for any damage resulting from:

temporary or total unavailability of all or part of the Product(s) and/or Service(s), difficulties relating to response times, and more generally any performance failure;
a force majeure event as defined herein;
fault by a third party not acting under MAP’s control;
use of Product(s) and/or Service(s) that does not comply with the GTCU;
or, more generally, any fault by the Customer.

Any misuse, fault, negligence, omission or failure by the Customer, any disclosure or unlawful use of Credentials, as well as the provision of inaccurate information or failure to update such information, will be deemed a fault attributable to the Customer. The implementation of any technical process, such as robots or automated requests, contrary to the letter or spirit of the GTCU will also be deemed a fault by the Customer.

It is expressly understood that any operation carried out using the Customer’s Credentials is deemed to originate from the Customer, who assumes sole responsibility for it, insofar as MAP has no obligation and does not have the technical means to verify the identity of persons logging in using the Credentials. Under no circumstances may MAP be held liable, for example, in the event of identity theft affecting the Customer.

More generally, MAP will under no circumstances be liable for faults committed by third parties not acting under its control.

Risks relating to Products sold under these terms, in particular the risks of loss and damage, will pass immediately to the Customer as soon as the Products are made available to the Customer, at which point MAP’s responsibility in this respect ceases.

MAP’s liability is also generally limited to direct damage for which MAP is proven responsible, excluding indirect, incidental or special damage as defined by French case law.

The Customer may only seek to hold MAP liable after notifying MAP by registered letter with acknowledgement of receipt of the alleged breach and following the absence of a response for THIRTY (30) days from receipt of that formal notice.

15. FORCE MAJEURE

MAP may not be held liable for failure to perform any contractual obligation resulting from an unforeseen event or a force majeure event as defined by Article 1218 of the French Civil Code and by French case law.

Performance of the GTCU will be suspended for the duration of the force majeure event and performance deadlines will be extended accordingly. MAP will use reasonable efforts, where possible, to bring the force majeure event to an end or find a solution enabling it to perform its contractual obligations.

16. ASSIGNMENT OF THE CONTRACT

MAP may assign its rights and obligations under these terms to any company or person at any time without the Customer being entitled to object or claim any loss. MAP will inform the Customer as soon as reasonably possible.

The Customer may not assign their rights or obligations under these terms to any third party without MAP’s prior written consent.

17. ELECTRONIC WRITING AND AGREEMENT ON EVIDENCE

The Customer acknowledges and agrees that evidence of acceptance of the GTCU (and any updates thereto) is established by ticking the corresponding box provided by MAP or by any use the Customer makes of Product(s) and/or Service(s).

The Customer acknowledges and agrees that any contractual document binding the Customer to MAP and/or its partners may be signed in traditional handwritten form, by email with the dated and signed document attached in scanned form, or through an electronic-signature platform such as DocuSign, in which case the Customer expressly recognises the signature made through that system as constituting full consent. Where documents are sent to the Customer by email, the Customer expressly agrees that all communications with MAP may take place by email and recognises their evidential value.

The Customer acknowledges and agrees that computerised data stored on MAP’s computer servers under reasonable conditions of security and integrity will be treated as conclusive evidence of acceptance of the GTCU and of all communications and transactions between MAP and the Customer.

Accordingly, except in the event of a manifest error by MAP proven by the Customer, the Customer may not contest the admissibility, validity or evidential force of such documents on the basis of any legal provision requiring certain documents to be written or manually signed in order to constitute evidence.

These elements therefore constitute evidence and, if produced by MAP as evidence in any contentious or other proceedings, will be admissible, valid and enforceable in the same manner, under the same conditions and with the same evidential force as any document drawn up, received or retained in writing.

18. PERSONAL DATA PROTECTION

MAP manages Personal Data in accordance with the Applicable Regulations and its Data Protection Policy, which may be accessed, downloaded and printed at any time from the Site. For any question relating to personal data, MAP may be contacted at office@makeupatelier.paris.

19. INTELLECTUAL PROPERTY

The Customer expressly acknowledges that MAP is the exclusive owner of all intellectual property rights attached to the following IP Elements:

the Company, including its corporate name, trading name, names, acronyms, logos or other signs and know-how;
the Site, including its structure, architecture, organisation, any software, sections, features, visual and graphic appearance, texts, animated or still images, sounds, know-how, designs and any other element composing it;
Product(s) and/or Service(s) generally, including their composition, know-how, recipes, patented or patentable elements, presentations, packaging, appearance, commercial offers and all content and other elements composing them;
any trademark, design and/or model and/or patent held by MAP;
any database designed and/or managed by MAP, including its structure and content.

The GTCU confer no ownership rights on the Customer. The making available of Product(s) and/or Service(s) may not be construed as the transfer of any intellectual property right to the Customer within the meaning of the French Intellectual Property Code.

It is therefore prohibited to represent, reproduce and/or modify, in any form or on any medium whatsoever, directly or indirectly, all or part of the aforementioned IP Elements and, more generally, to use or exploit those IP Elements other than for performance of these terms.

MAP expressly prohibits, in particular:

the extraction, by permanent or temporary transfer, of all or part of any of these IP Elements, in any form;
reuse of all or part of any of these IP Elements, in any form.

Any unauthorised use of any IP Element, without MAP’s prior written consent, constitutes a breach and may give rise to legal proceedings.

20. AMENDMENT OF THE GTCU

The GTCU may be amended and updated by MAP at any time, including without limitation to reflect legislative or regulatory developments. MAP will inform the Customer, who will have the opportunity to read and accept the amended terms and continue using MAP Products and/or Services, or to cease doing so.

The GTCU applicable are those in force on the date the Product(s) and/or Service(s) are ordered.

21. MEDIATION

In the event of a dispute relating to performance of the GTCU, the Customer must first contact MAP Customer Service in writing.

If the complaint to Customer Service is unsuccessful, or if Customer Service does not respond within TWO (2) calendar months of receipt of the request, the Customer may refer the dispute relating to the Order or the GTCU to a mediator, who will attempt, independently and impartially, to bring the Parties together in order to reach an amicable solution.

The contact details of MAP’s designated mediator are as follows: https://www.cm2c.net

The mediation procedure is free of charge for the Customer.

The Parties are free to accept or refuse mediation and, where mediation is used, to accept or refuse the solution proposed by the mediator.

In any event, the Customer may only bring court proceedings seeking to hold MAP liable after an unsuccessful attempt to resolve the matter amicably and after notifying MAP by registered letter with acknowledgement of receipt of the alleged breach, followed by the absence of a response for THIRTY (30) days from receipt of that formal notice, subject to the limitations set out herein.

22. GENERAL PROVISIONS

No statement or document may create obligations not included in the GTCU unless it is the subject of a new agreement between MAP and the Customer.

MAP’s failure to require application of any clause of the GTCU, whether permanently or temporarily, may under no circumstances be treated as a waiver of that clause or of any other clause.

If there is any difficulty in interpreting a heading appearing before a clause and the clause itself, the heading will be disregarded.

If any provision of the GTCU is declared invalid under any applicable legislative or regulatory provision and/or a final court decision, it will be deemed unwritten but will not affect the validity of the remaining clauses, which will remain fully applicable.

23. GOVERNING LAW – COMPETENT COURT

THE GTCU ARE DRAWN UP IN FRENCH AND ARE GOVERNED BY FRENCH LAW.

FAILING AN AMICABLE AGREEMENT BETWEEN THE CUSTOMER AND MAP, ANY DISPUTE WILL FALL WITHIN THE JURISDICTION OF THE COURTS OF THE CUSTOMER’S PLACE OF RESIDENCE.

PART 2 – PROFESSIONAL CUSTOMERS (RETAIL SALES)

GENERAL TERMS AND CONDITIONS OF SALE AND USE

(ONLINE SALES AND SALES BY QUOTATION – PROFESSIONAL CUSTOMERS – RETAIL SALES)

1. INTRODUCTION

MAP’s business activities include, in particular, the development and marketing of cosmetic and make-up products (hereinafter the “Products”) as well as make-up training courses (hereinafter the “Services”).

MAP owns and publishes the commercial website http://www.makeupatelier.fr (hereinafter the “Site”).

The Site offers MAP Products and Services for sale to professional customers in accordance with Part 2 of these General Terms and Conditions of Sale and Use (hereinafter the “GTCU”). These GTCU are specific and separate from Part 1, applicable to consumer customers, and Part 3, applicable only to professional reseller customers.

The GTCU define the terms on which MAP sells its Products and/or Services solely to PROFESSIONALS, as well as the respective rights and obligations of MAP and any PROFESSIONAL user of the Products and/or Services, who may under no circumstances resell the Products/Services (hereinafter the “Customer”).

The GTCU apply exclusively between MAP and any PROFESSIONAL Customer.

For the purposes of these terms, “PROFESSIONALS” means any commercial entity or self-employed professional registered in the SIRENE register whose main activity requires significant use of make-up products (including online cosmetic sales platforms, make-up artists, hairdressers, beauticians, beauty, make-up and hairdressing schools, beauty institutes).

The GTCU are binding on every sale of Product(s) and/or Service(s) to any Customer and on every use of Product(s) and/or Service(s) by any Customer.

The GTCU prevail over any other document relating to such purchases and uses of MAP Product(s) and/or Service(s).

The GTCU may be accessed, downloaded and printed at any time from the MAP Site.

2. DEFINITIONS

In these terms, capitalised terms have the meanings given to them in the Introduction above and, in addition, the following meanings:

“Order”: means the purchase of Products and/or Services by the Customer on the Site or by signing a Quotation.

“Professional Account”: means the private professional account enabling the Customer to identify themselves as a professional on the Site.

“Use-By Date”: means the expiry date appearing on the Product packaging as supplied by MAP, after which the Product(s) must no longer be used.

“Quotation”: means a personalised sales offer describing the Product(s) and/or Service(s) offered by MAP to the Customer, their Prices and payment terms, for a specified period.

“IP Elements”: means all intellectual and/or industrial property rights held by MAP as set out herein.

“Credentials”: means the Customer’s email address and password enabling access to the Professional Account.

“Instructions for Use”: means the instructions for using each Product appearing in the instructions included in or on its packaging as supplied by MAP.

“Party” or “Parties”: means MAP and/or the Customer, individually or collectively.

“Data Protection Policy”: means MAP’s privacy and personal data protection policy concerning the processing of Customers’ Personal Data.

“Price”: means the selling price of Product(s) and/or Service(s) to the Customer as defined herein.

“Carrier”: means the carrier external to MAP responsible for transporting Orders to the Customer.

3. CHARACTERISTICS OF PRODUCTS AND/OR SERVICES

The Products and Services available for sale to the Customer are those shown on the Site.

Offers are valid for as long as they remain visible on the Site.

They are offered subject to the availability indicated on the Site.

MAP reserves the right, at any time and before an Order is placed, to withdraw any Product and/or Service from sale and/or replace or amend any information associated with any Product and/or Service.

The characteristics of Products and Services sold on the Site (photographs, representations, descriptions, etc.) are provided for information only and may change over time.

Only the characteristics of the Products and/or Services displayed when the Order is validated are authoritative.

The Instructions for Use and Use-By Dates of the Products are mandatory and must be strictly observed by the Customer.

4. CONDITIONS OF ACCESS TO PRODUCTS AND/OR SERVICES

4.1 ACCEPTANCE OF MAP’S GTCU

Any purchase of Product(s) and/or Service(s) is subject to the Customer first reading and accepting the GTCU.

In all circumstances, any purchase and/or use of Product(s) and/or Service(s) by the Customer constitutes unconditional acceptance of the GTCU in force at the time of such purchase and/or use.

After reading the GTCU and ticking the acceptance box provided by MAP, the Customer expressly declares that they accept all provisions of the GTCU, which become binding upon them from that time.

4.2 AGE DECLARATION

4.3 CREATION OF A PROFESSIONAL ACCOUNT

The Customer may place an Order either by creating a Professional Account or by validating the Order as a “Guest”, following the instructions and providing the information required on the Site for each option.

When creating the Professional Account, the Customer provides information enabling their identification under their sole responsibility. The Customer expressly undertakes that this information will be complete and accurate and will not infringe third-party rights, in particular by misappropriating a third party’s identity.

When creating a Professional Account, the Customer chooses their identifier (email address) and may change the password allocated to them in accordance with MAP’s requirements; together, these constitute the Customer’s Credentials.

The Customer may change their password only at any time, including in the event of loss or a change of employee, by following the instructions in the Professional Account.

A Professional Account is strictly individual and personal.

If MAP suspects that Credentials are being used by a third party, MAP reserves the right to close any Professional Account without prior notice.

Under no circumstances may MAP be held liable in the event of identity theft affecting a Customer.

The Customer may request closure of the Professional Account at any time through the Professional Account.

Personal Data linked to the Professional Account will be processed in accordance with the Applicable Regulations and the Data Protection Policy.

The Customer is informed that any Professional Account may be deleted if the Customer fails to comply with the GTCU.

4.4 ORDER VALUE

Any purchase made by a Customer on the Site is subject to a minimum purchase value of EUR 2,000 excluding tax and a maximum of EUR 15,000 excluding tax.

If a Customer wishes to place an Order exceeding EUR 15,000 excluding tax, the Customer must contact MAP Customer Service to obtain a Quotation. Signature of the Quotation constitutes an Order for the purposes of these terms. In the event of any conflict between a provision of the Quotation and these terms, the Quotation will prevail.

5. PROCEDURE FOR PURCHASING PRODUCTS AND/OR SERVICES

5.1 PURCHASE OF PRODUCTS AND/OR SERVICES ON THE SITE

To purchase Products and/or Services on the Site, the Customer must follow the purchasing process presented on the Site. In particular, the Customer must check the Products and/or Services in their basket and their selected delivery method, then click “Order” and finally proceed to payment in accordance with the terms set out herein.

Any validated Order commits the Customer to full payment.

Every Order is subject to MAP’s acceptance and is only definitively confirmed once the Customer receives an email confirming that MAP has registered the Order.

The Confirmation will include a reminder of the selected delivery method and an Order number enabling the Customer to track the Order with the carrier designated by MAP.

5.2 PURCHASE OF PRODUCTS AND/OR SERVICES BY QUOTATION

To purchase Products and/or Services by Quotation, the Customer must request in writing, by any means, that MAP issue a Quotation for the purchase of the Products and/or Services, listing the Products and/or Services concerned. If accepted, the Customer must sign and date the Quotation issued by MAP and return it to MAP by any written means. Any signed Quotation constitutes an Order and commits the Customer to full payment.

MAP may under no circumstances be held liable for an input error made by the Customer that prevents validation of the Order, issue of the Confirmation and/or completion of delivery.

The Customer is informed that any Order may be cancelled and refunded if it is established that the circumstances in which it was placed did not comply with the GTCU.

6. PRICE OF PRODUCTS AND/OR SERVICES AND SHIPPING COSTS

Prices of Products and Services for PROFESSIONALS are those shown on the Site when the Customer validates each Order through their Professional Account or those stated in the Quotation for sales by quotation.

Prices of Products and Services are stated in euros, inclusive of all taxes (VAT included), excluding shipping costs.

They include any reductions/discounts applicable on the date of the Order.

They include VAT at the rate applicable on that date.

They also include any new taxes or contributions, including environmental charges, that may apply to Products and/or Services.

Shipping costs are communicated to the Customer on the Site or in the Quotation before the Order is validated.

They vary depending on the delivery method selected by the Customer.

The total Price, including the price of the Products and/or Services and shipping costs, is restated in the Confirmation.

7. INVOICING AND PAYMENT TERMS

For Orders placed on the Site:

The Order is payable on the Site at the time of ordering using the payment methods offered on the Site.

Where the Customer has stated in the Professional Account that they are exempt from VAT and has provided supporting evidence, invoices will be issued excluding VAT. Otherwise, the Customer must pay VAT.

An invoice corresponding to the paid Order will be provided to the Customer in paper form upon delivery and will also be accessible and printable directly from the Site through the Professional Account used for the purchase.

The Customer undertakes to provide all information required to ensure effective processing of payments.

The Customer warrants to MAP that they hold all authorisations required to use the selected means of payment.

For Orders placed by Quotation:

The payment terms and deadlines for the Order are those stated in the Quotation signed when the Order is placed.

8. DELIVERY OF PRODUCTS

Products are available for delivery to all countries listed and in accordance with the delivery terms and rates announced on the Site.

The Customer is informed that MAP does not itself deliver Orders but uses external Carriers, which are solely responsible for transporting Orders.

When the Order is dispatched by the Carrier, MAP informs the Customer by email sent to the email address entered in the Customer’s Professional Account.

8.1 DELIVERY METHOD

8.2 DELIVERY TIMES

The delivery time stated when the Order is placed is provided for information only and is not guaranteed. Accordingly, any reasonable delay in delivery of the Products will not entitle the Customer to damages or cancellation of the Order.

Delivery is deemed completed when the Order is handed over to the Customer by the Carrier, as evidenced by the delivery-control system used by the Carrier.

9. DELIVERY OF SERVICES

The Services consist of make-up training sessions provided directly by MAP or by its partners.

The characteristics of these Services are described on the Site.

The dates, times and locations of Services offered by MAP or its partners are agreed jointly between MAP and the Customer and confirmed in the Confirmation.

Once the Order has been placed, the dates, locations and times of the Services may no longer be changed.

Any cancellation of a Service after validation of the Order will not give rise to any refund, unless MAP agrees otherwise in writing or a mandatory legal provision requires otherwise.

10. PRODUCT RETURNS

10.1 COMMERCIAL RETURN FOR CHANGE OF MIND

As a commercial gesture, MAP allows a professional Customer to request the return of one or more Products within FOURTEEN (14) calendar days of receipt.

This option is a voluntary commercial policy of MAP and does not constitute a general statutory right of withdrawal applicable to professionals. It applies without prejudice to any mandatory legal provisions that may apply.

The Customer must inform MAP of their wish to make a return before expiry of the FOURTEEN (14)-day period.

Products returned due to a change of mind must be new, complete, unused, undamaged and in their original packaging in good condition. Where they are protected by a seal, membrane or device guaranteeing their integrity or hygiene, they must not have been unsealed.

Return shipping costs for a change-of-mind return are borne entirely by the Customer.

MAP does not provide a prepaid return label for change-of-mind returns.

The Customer organises the return shipment and chooses the carrier. The Customer is advised to use a service allowing parcel tracking and to retain proof of dispatch.

Products must be suitably packed and protected during transport.

Change-of-mind returns must be sent to:

Loma Europa Cosmeticos
Zona Ind. de S. Domingos, II Lt. 18
4540-177 Arouca
Portugal

The Customer must include information enabling MAP to identify the Order and the return.

After receipt and inspection of the Products, MAP processes the return in accordance with the applicable commercial terms. Depending on the request accepted by MAP, the return may result in a refund of the Price of the Products accepted for return or the issuance of a credit note.

The costs incurred by the Customer in shipping the return remain definitively payable by the Customer and are not refunded.

MAP may refuse to take back a Product returned due to a change of mind where it does not meet the conditions set out in this Article.

10.2 DEFECTIVE OR NON-CONFORMING PRODUCT OR DELIVERY ERROR

The provisions of this Article under which return costs are borne by the Customer do not apply where a Product has a defect attributable to MAP, where the Product delivered does not correspond to the Order, or where an order-preparation or delivery error is attributable to MAP.

In such a situation, the Customer must contact MAP as soon as possible and provide information enabling identification of the Order, the Product concerned and the nature of the issue identified.

MAP will inform the Customer of the handling procedure and, where a return is required, provide the corresponding instructions.

Where the defect, lack of conformity or error attributable to MAP is established, MAP will bear the reasonable and necessary return costs in accordance with the arrangements communicated to the Customer in advance.

The Customer is requested not to send, on their own initiative and at their own expense, a Product they consider defective or non-conforming before contacting MAP.

These provisions are without prejudice to any statutory warranties available to the professional Customer, including the warranty against latent defects provided for in Articles 1641 et seq. of the French Civil Code.

10.3 DISTINCTION BETWEEN COMMERCIAL RETURN AND DEFECTIVE PRODUCT

The conditions requiring a Product to be new, unused, undamaged and in its original packaging apply exclusively to returns made due to a change of mind.

They may not be relied upon against the Customer where the return is specifically based on a defect, lack of conformity or error attributable to MAP.

11. CONDITIONS OF USE OF PRODUCTS AND/OR SERVICES

Products and Services are reserved exclusively for the Customer’s professional use.

Products and Services covered by Orders may under no circumstances be resold by the Customer or any third party to anyone.

If the Customer wishes to obtain the right to resell Products and/or Services, the Customer must request this from MAP before any act of resale and enter into the corresponding written agreement with MAP governed by the GTCU.

The Customer further undertakes to:

use the Products and/or Services in accordance with the GTCU and Instructions for Use, in particular by complying with the Use-By Dates provided by MAP;
use the Products and/or Services in compliance with applicable laws and regulations, public policy and accepted standards of conduct;
use the Products and/or Services in accordance with the customary standards of the Customer’s profession and refrain from any act, whether intentional or otherwise, that could affect the normal operation of the Site, MAP or any of its partners, regardless of the extent or nature of such impact;
immediately inform MAP of any infringement or other violation affecting Product(s) and/or Service(s), or more generally of any act likely to cause harm to MAP of which the Customer becomes aware.

The Customer declares that they hold professional liability insurance with a reputable and solvent insurer covering all potential tangible and intangible losses arising from use of the Products and/or Services. The Customer will provide MAP, upon first request, with a certificate of insurance to that effect.

Any unauthorised, unlawful or otherwise non-compliant use of Product(s) and/or Service(s) will result in immediate closure of the Professional Account without any entitlement to compensation, without prejudice to any legal proceedings.

MAP reserves the right to refuse any Order that does not comply with these terms.

12. CUSTOMER WARRANTIES

The Customer warrants that they:

have the rights and capacity to be bound by the GTCU and to comply with them at all times;
will comply with the GTCU and all legal provisions applicable to the Product(s) and/or Service(s) they use, and will ensure compliance by any person acting in their name and on their behalf;
will use MAP Services and Products strictly in accordance with these GTCU.

The Customer further expressly agrees to refrain from:

attempting to obtain and/or use unauthorised access to Product(s) and/or Service(s);
obstructing or disrupting the marketing of Product(s) and/or Service(s) and/or MAP’s activities;
removing or circumventing any technical protection measure (“TPM”), or using or creating for any purpose any means designed to facilitate the unauthorised removal or circumvention of TPMs;
disparaging MAP and/or its Products and/or Services on social networks and/or through any other means of communication.

The Customer expressly undertakes that the information provided under these terms will be complete and accurate and will not infringe third-party rights, in particular by misappropriating a third party’s identity.

The Customer will regularly update the information provided to MAP and remains personally and solely responsible for it. Any breach of any of these commitments constitutes a fault by the Customer capable of engaging the Customer’s liability.

13. MAP WARRANTY

MAP warrants to the Customer that each Product sold and delivered is free from defects in materials and workmanship and conforms to the description given in the Order.

This warranty constitutes the Customer’s sole remedy and MAP’s sole warranty in respect of any loss or damage arising from the manufacture, sale, delivery, resale or use of any product. MAP may under no circumstances be held liable for sales made by the Customer or for loss of profits or other special or indirect damages.

Any MAP warranty is excluded in the event of use that does not comply with these terms, improper use, negligence or lack of maintenance by the Customer, and in cases of normal wear and tear or force majeure.

14. LIABILITY

MAP undertakes to describe the Products and Services as accurately as possible and to keep the information it publishes updated under the best possible conditions.

However, MAP cannot guarantee that the information appearing on the Site and/or its promotional or sales materials is exhaustive.

The interpretation and use of information associated with Service(s) and/or Product(s) are the Customer’s sole responsibility, without MAP incurring liability.

MAP will not be liable for non-material differences between the visuals and characteristics shown and the Product(s) and/or Service(s) delivered.

The Customer is responsible for implementing security solutions and measures within their own equipment to prevent the spread of viruses.

In connection with performance of the GTCU, MAP or, where applicable, its hosting providers and technology suppliers may never be held liable for any damage resulting from:

temporary or total unavailability of all or part of the Product(s) and/or Service(s), difficulties relating to response times, and more generally any performance failure;
a force majeure event as defined herein;
fault by a third party not acting under MAP’s control;
use of Product(s) and/or Service(s) that does not comply with the GTCU;
or, more generally, any fault by the Customer.

More generally, MAP will under no circumstances be liable for faults committed by third parties not acting under its control.

MAP’s liability is also generally limited to direct damage for which MAP is proven responsible, excluding indirect, incidental or special damage as defined by French case law. In addition, except in the case of personal injury or death, and except in cases of gross negligence or intentional misconduct causing proven direct damage, MAP’s liability for all direct losses and all claims combined will be limited to the sums paid by the Customer to MAP during the preceding THREE (3) months. In this respect, the Customer must commence any proceedings within TWELVE (12) months of the event giving rise to the claim.

15. FORCE MAJEURE

Performance of the GTCU will be suspended for the duration of the force majeure event and performance and delivery deadlines will be extended accordingly. MAP will use reasonable efforts, where possible, to bring the force majeure event to an end or find a solution enabling it to perform its contractual obligations.

16. ASSIGNMENT OF THE CONTRACT

The Customer may not assign their rights or obligations under these terms to any third party without MAP’s prior written consent.

17. ELECTRONIC WRITING AND AGREEMENT ON EVIDENCE

18. PERSONAL DATA PROTECTION

MAP manages Personal Data in accordance with the Applicable Regulations and its Data Protection Policy, which may be accessed, downloaded and printed at any time from the Site.

For any question relating to personal data, MAP may be contacted at office@makeupatelier.paris.

MAP and the Customer each undertake to comply fully with the Applicable Regulations in accordance with their actual role in relation to each processing operation involving Personal Data and will ensure that their permanent or temporary staff, subordinates and partners comply with the same requirements.

19. INTELLECTUAL PROPERTY

The Customer acknowledges that MAP is the exclusive owner of all intellectual property rights attached to the following IP Elements:

the Company, including its corporate name, trading name, names, acronyms, logos or other signs and know-how;
the Site, including its structure, architecture, organisation, any software, sections, features, visual and graphic appearance, texts, animated or still images, sounds, know-how, designs and any other element composing it;
Product(s) and/or Service(s) generally, including their composition, know-how, recipes, patented or patentable elements, presentations, packaging, appearance, commercial offers and all content and other elements composing them;
any trademark, design and/or model and/or patent held by MAP;
any database designed and/or managed by MAP, including its structure and content.

MAP expressly prohibits, in particular:

the extraction, by permanent or temporary transfer, of all or part of any of these IP Elements, in any form;
reuse of all or part of any of these IP Elements, in any form.

Any unauthorised use of any IP Element, without MAP’s prior written consent, constitutes a breach and may give rise to legal proceedings.

20. COMMERCIAL REFERENCE

MAP authorises the Customer to cite MAP’s corporate name as a commercial reference. This authorisation remains valid for as long as the Customer has a Professional Account and until the Order has been exhausted. In all cases, MAP may withdraw this authorisation at any time and will notify the Customer.

The Customer also expressly authorises MAP to cite, as a commercial reference and for as long as the Customer has a Professional Account, the Customer’s corporate name and any trademarks owned by the Customer.

The Customer expressly undertakes not to harm MAP’s image.

21. AMENDMENT OF THE GTCU

The GTCU may be amended and updated unilaterally by MAP at any time, including without limitation to reflect legislative or regulatory developments. MAP will inform the Customer, who will have the opportunity to read and accept the amended terms and continue using MAP Products and/or Services, or to cease doing so.

The GTCU applicable are those in force on the date the Product(s) and/or Service(s) are ordered.

22. GENERAL PROVISIONS

No statement or document may create an obligation not included in the GTCU unless it is the subject of a new agreement between MAP and the Customer.

MAP’s failure to require application of any clause of the GTCU, whether permanently or temporarily, may under no circumstances be treated as a waiver of that clause or of any other clause.

If there is any difficulty in interpreting a heading appearing before a clause and the clause itself, the heading will be disregarded.

23. GOVERNING LAW – COMPETENT COURT

The GTCU are drawn up in French and are governed by French law.

The courts within the jurisdiction of the Paris Court of Appeal will have exclusive jurisdiction over disputes of any nature or disagreements relating to the interpretation or performance of these GTCU, notwithstanding multiple defendants, incidental claims, summary proceedings or third-party claims, unless MAP elects to bring proceedings before any other court having jurisdiction.

PART 3 – PROFESSIONAL RESELLER CUSTOMERS – WHOLESALE SALES

GENERAL TERMS AND CONDITIONS OF SALE AND USE

(SALES BY QUOTATION – PROFESSIONAL RESELLER CUSTOMERS – WHOLESALE SALES)

1. INTRODUCTION

MAP owns and publishes the commercial website http://www.makeupatelier.fr (hereinafter the “Site”).

The Site offers MAP Products and Services for sale to professional reseller customers in accordance with Part 3 of these General Terms and Conditions of Sale and Use (hereinafter the “GTCU”). These GTCU are specific and separate from Part 2, applicable to professional non-reseller customers, and Part 1, applicable to consumer customers.

The GTCU define the terms on which MAP sells its Products and/or Services solely to professional RESELLERS (hereinafter the “Customer”).

The GTCU apply exclusively between MAP and any PROFESSIONAL Customer.

The GTCU are binding on every sale of Product(s) and/or Service(s) to any Customer and on every use of Product(s) and/or Service(s) by any Customer.

The GTCU prevail over any other document relating to such purchases and uses of MAP Product(s) and/or Service(s).

The GTCU may be accessed, downloaded and printed at any time from the MAP Site.

2. DEFINITIONS

In these terms, capitalised terms have the meanings given to them in the Introduction above and, in addition, the following meanings:

“Confirmation”: means the email confirming MAP’s registration of the Customer’s Order, including an Order number.

“Storage Conditions”: means the procedures and conditions under which the Products must be stored by the Customer in order to remain in proper usable condition, as defined herein.

“Order”: means any Quotation signed by the Customer.

“Professional Account”: means the private professional account enabling the Customer to identify themselves as a professional on the Site.

“Use-By Date”: means the expiry date appearing on the Product packaging as supplied by MAP, after which the Product(s) must no longer be used.

“Quotation”: means a personalised sales offer describing the Product(s) and/or Service(s) offered by MAP to the Customer, their Prices and payment terms, for a specified period.

“IP Elements”: means all intellectual and/or industrial property rights held by MAP as set out herein.

“Credentials”: means the Customer’s email address and password enabling access to the Professional Account.

“Instructions for Use”: means the instructions for using each Product appearing in the instructions included in or on its packaging as supplied by MAP.

“Trademarks”: means the trade marks owned by MAP as displayed on its Products.

“Party” or “Parties”: means MAP and/or the Customer, individually or collectively.

“Data Protection Policy”: means MAP’s privacy and personal data protection policy concerning the processing of Customers’ Personal Data.

“Price”: means the selling price of Product(s) and/or Service(s) to the Customer as defined herein.

3. CONDITIONS OF ACCESS TO PRODUCTS AND/OR SERVICES

3.1 ACCEPTANCE OF MAP’S GTCU

Any purchase of Product(s) and/or Service(s) is subject to the Customer first reading and accepting the GTCU.

In all circumstances, any purchase and/or use of Product(s) and/or Service(s) by the Customer constitutes unconditional acceptance of the GTCU in force at the time of such purchase and/or use.

After reading the GTCU and ticking the acceptance box provided by MAP, the Customer expressly declares that they accept all provisions of the GTCU, which become binding upon them from that time.

3.2 AGE DECLARATION

3.3 CREATION OF A PROFESSIONAL ACCOUNT

Every MAP Customer must create a Professional Account and log in to that account before each Order.

A Professional Account is created by completing the form provided in the relevant section of the Site and providing the information and supporting documents requested on the Site.

The Customer may change their password only at any time, including in the event of loss or a change of employee, by following the instructions in the Professional Account.

A Professional Account is strictly individual and personal.

If MAP suspects that Credentials are being used by a third party, MAP reserves the right to close any Professional Account without prior notice.

Under no circumstances may MAP be held liable in the event of identity theft affecting a Customer.

The Customer may request closure of the Professional Account at any time through the Professional Account.

Upon receipt of the request, the Account will be deactivated within 48 hours. All data relating to the Professional Account will be deleted, except data that MAP is entitled to retain in accordance with its Personal Data Protection Policy.

Personal Data linked to the Professional Account will be processed in accordance with the Applicable Regulations and the Data Protection Policy.

The Customer is informed that any Professional Account may be deleted if the Customer fails to comply with the GTCU.

3.4 ORDER VALUE

Any Order governed by these terms must have a minimum purchase value of EUR 15,000 excluding tax. Any Order below that amount falls solely within retail sales under the GTCU specifically applicable to such sales and separate from these terms, without any right of resale.

4. CHARACTERISTICS OF PRODUCTS AND/OR SERVICES

The Products and Services available for sale to the Customer are those listed in the Quotation.

MAP reserves the right, at any time and before an Order is placed, to withdraw any Product and/or Service from sale and/or replace or amend any information associated with any Product and/or Service.

The characteristics of the Products and Services (photographs, representations, descriptions, etc.) are provided for information only and may change over time.

The Instructions for Use and Use-By Dates of the Products are mandatory and must be strictly observed by the Customer.

5. PROCEDURE FOR PURCHASING PRODUCTS AND/OR SERVICES

The wholesale purchase of Products and/or Services for resale is carried out exclusively by Quotation.

To purchase Products and/or Services by Quotation, the Customer must sign and date the Quotation issued by MAP and return it to MAP by any written means. Any signed Quotation constitutes an Order and commits the Customer to full payment.

Any deposit required under the Quotation must be paid in full in accordance with the payment terms stated in the Quotation before any preparation of the Order begins.

MAP may under no circumstances be held liable for an input error made by the Customer that prevents validation of the Order and/or issue of the Confirmation.

The Customer is informed that any Order may be cancelled and refunded if it is established that the circumstances in which it was placed did not comply with the GTCU.

6. PRICE OF PRODUCTS AND/OR SERVICES

Prices of Products and Services for PROFESSIONALS are those stated in the Quotation. They are stated in euros, inclusive of all taxes (VAT included).

They include any reductions/discounts applicable on the date of the Order.

They include VAT at the rate applicable on that date.

They also include any new taxes or contributions, including environmental charges, that may apply to Products and/or Services.

7. INVOICING AND PAYMENT TERMS

Orders are payable against invoice(s) issued by MAP to the Customer in accordance with the payment terms and deadlines stated in the Quotation signed when the Order is placed.

8. MAKING PRODUCTS AVAILABLE

MAP will make the Products corresponding to the Customer’s Order available to the Customer at the address and within the time limits stated in the Confirmation. The Customer is responsible for collecting the Order using the Customer’s own means of transport.

The ordered Products will remain available to the Customer at MAP’s warehouses for a maximum period of 30 calendar days. After expiry of that period, the Products will no longer be available and the Customer will be refunded the Price actually paid for the Order.

9. DELIVERY OF SERVICES

The Services consist of make-up training sessions provided directly by MAP or by its partners.

The characteristics of these Services are described in the Quotation.

The dates, times and locations of Services offered by MAP or its partners are agreed jointly between MAP and the Customer, or where applicable the Customer’s end customer in the case of resale, and are confirmed in the Confirmation.

Once the Order has been placed, the dates, locations and times of the Services may no longer be changed.

Any cancellation of a Service after validation of the Order will not give rise to any refund, unless MAP agrees otherwise in writing or a mandatory legal provision requires otherwise.

10. PRODUCT RETURNS

10.1 NO RETURN FOR CHANGE OF MIND

Given the Customer’s status as a professional reseller and the commercial nature of Orders governed by these GTCU, MAP grants no contractual right to return Products solely because the Customer has changed their mind.

Subject to any mandatory legal provision to the contrary, an Order validly placed by the Customer is firm and final.

In particular, MAP does not accept any return based on the Customer changing their mind, an error attributable to the Customer regarding the reference, shade, quantity or Product ordered, unsold goods, excess stock, a decrease in the Customer’s demand or sales, or any other commercial reason specific to the Customer.

A Product that conforms to the Order, has been correctly delivered and has no defect may therefore not be returned to MAP in order to obtain a refund, exchange or credit note.

10.2 PRODUCTS THAT ARE DEFECTIVE OR DO NOT CONFORM TO THE ORDER

The Customer may request that MAP handle a Product where the Product has a defect attributable to MAP, does not correspond to the reference or characteristics provided for in the Order, was affected by an order-preparation or delivery error attributable to MAP, or is covered by an applicable statutory warranty.

The Customer must inform MAP of the issue as soon as possible after discovering it and provide the information necessary to review the request, including the Order number, the reference of the Product concerned and a sufficiently precise description of the defect or lack of conformity.

MAP may ask the Customer to provide any evidence reasonably necessary to verify the defect or lack of conformity.

The Customer must contact MAP before making any shipment in order to obtain the applicable return instructions.

Where return of the Product is necessary, MAP will inform the Customer of the address and shipping procedure to be followed.

Where the defect, lack of conformity or error attributable to MAP is established, MAP will bear the reasonable and necessary return costs in accordance with the arrangements agreed with the Customer in advance.

The Customer must not, on their own initiative and at their own expense, ship a Product alleged to be defective before receiving MAP’s instructions.

10.3 CONDITION OF PRODUCTS RETURNED DUE TO DEFECT OR NON-CONFORMITY

A Product returned because of a defect or lack of conformity does not have to be in perfect condition where the defect or alteration alleged is precisely the reason for the return.

The Customer must nevertheless keep the Product concerned and its available components in a condition allowing MAP to examine the complaint and must avoid any further use or deterioration that is not necessary.

Where reasonably possible, the Customer should also retain the packaging, packing materials, accessories and documents accompanying the Product in order to facilitate its identification and processing.

10.4 HANDLING OF A DEFECTIVE OR NON-CONFORMING PRODUCT

After examining the complaint and, where applicable, the returned Product, MAP will determine the appropriate measures in light of the defect found, the Order and the applicable warranties.

Depending on the circumstances and the applicable legal or contractual provisions, MAP may in particular replace the Product, issue a credit note, reduce the Price or refund the Product concerned.

These provisions are without prejudice to any mandatory statutory warranties available to the Customer, including the warranty against latent defects provided for in Articles 1641 et seq. of the French Civil Code.

10.5 UNAUTHORISED RETURN

Any Product returned to MAP without a reason falling within this Article or without MAP’s prior approval may be refused.

In particular, no return will be accepted solely because of a change of mind, unsold goods, excess stock or an ordering error attributable to the Customer.

11. STORAGE CONDITIONS

Because of their nature, the Products must be stored in dry conditions, protected from light, and at a temperature not lower than FIVE degrees Celsius (5°C) and not higher than THIRTY degrees Celsius (30°C). The Customer undertakes to comply with these conditions from receipt of the Products until the Products are sold or reach their Use-By Date, whichever occurs first.

12. CONDITIONS FOR MARKETING PRODUCTS AND/OR SERVICES

In consideration for full payment of the Order and subject to the Customer’s full compliance with these GTCU, MAP grants the Customer a licence to use the Trademarks affixed to the Products and/or Services covered by the Order, strictly subject to the following conditions:

solely in connection with the Customer’s professional activity;
solely to promote and sell the Products/Services covered by the Order, to the exclusion of all others. In particular, Products/Services may not be sold bundled together with products/services of other brands to form sets;
in their original packaging, without any modification or alteration and in perfect condition. If Products or their packaging are discoloured, expired, modified or altered, the Customer must not sell them;
in perfect usable condition, including having been stored by the Customer in accordance with the Storage Conditions set out herein;
in accordance with their respective Instructions for Use;
solely to consumer customers, excluding any trader and/or professional;
solely in France and only during the period up to the Use-By Date of the Products covered by the Order;
in compliance with the GTCU;
in compliance with all applicable laws and/or regulations governing sale of the Products/Services and the Customer’s activity, as well as public policy and accepted standards of conduct;
and in no manner that harms or damages MAP’s image and/or reputation.

This licence is non-exclusive, non-transferable and may not be considered a transfer of ownership of any kind in favour of the Customer. The Customer is therefore prohibited from assigning, exchanging, lending, renting or granting to a third party, even free of charge, any right of use granted under these terms.

Any use that does not comply with the licence may give rise to legal proceedings.

The Customer undertakes to inform MAP immediately of any infringement or other violation affecting Product(s) and/or Service(s), or more generally of any act likely to cause harm to MAP of which the Customer becomes aware.

The Customer declares that they hold professional liability insurance with a reputable and solvent insurer covering all tangible and intangible losses that may arise from the Customer’s acts under these terms. The Customer will provide MAP, upon first request, with a certificate of insurance to that effect.

13. COMMERCIAL REFERENCE

The Customer expressly undertakes not to harm MAP’s image.

14. WARRANTIES

14.1 CUSTOMER WARRANTIES

The Customer warrants that they:

have the rights and capacity to be bound by the GTCU and to comply with them at all times;
will comply with the GTCU and all legal provisions applicable to the Product(s) and/or Service(s), and will ensure compliance by any person acting in their name and on their behalf;
will use MAP Services and Products strictly in accordance with these GTCU;
will ensure that staff responsible for selling Product(s) and/or Service(s) possess the professional qualifications required to sell the Product(s) and/or Service(s) and will provide demonstration services.

The Customer further expressly agrees to refrain from:

attempting to obtain, use and/or distribute unauthorised access to Product(s) and/or Service(s);
obstructing or disrupting the marketing of Product(s) and/or Service(s) and/or MAP’s activities;
disparaging MAP and/or its Products and/or Services on social networks and/or through any other means of communication.

The Customer shall indemnify and hold harmless MAP and/or its partners against any action, complaint or claim brought by a third party arising from any breach of the above commitments and/or, more generally, from the Customer’s use, commercial activities and sales relating to Product(s) and/or Service(s), including any legal and procedural costs, and undertakes in this respect to intervene in any legal proceedings brought against MAP and/or its partners.

14.2 MAP WARRANTY

MAP warrants to the Customer that each Product sold and delivered is free from defects in materials and workmanship and conforms to the description given in the Order.

15. LIABILITY

MAP undertakes to describe the Products and Services as accurately as possible and to keep the information it publishes updated under the best possible conditions.

However, MAP cannot guarantee that the information appearing on the Site and/or its promotional or sales materials is exhaustive.

The interpretation and use of information associated with Service(s) and/or Product(s) are the Customer’s sole responsibility, without MAP incurring liability.

MAP will not be liable for non-material differences between the visuals and characteristics shown and the Product(s) and/or Service(s) delivered.

The Customer is responsible for implementing security solutions and measures within their own equipment to prevent the spread of viruses.

In connection with performance of the GTCU, MAP or, where applicable, its hosting providers and technology suppliers may never be held liable for any damage resulting from:

temporary or total unavailability of all or part of the Product(s) and/or Service(s), difficulties relating to response times, and more generally any performance failure;
a force majeure event as defined herein;
fault by a third party not acting under MAP’s control;
use of Product(s) and/or Service(s) that does not comply with the GTCU;
or, more generally, any fault by the Customer.

More generally, MAP will under no circumstances be liable for faults committed by third parties not acting under its control.

16. FORCE MAJEURE

17. ASSIGNMENT OF THE CONTRACT

The Customer may not assign their rights or obligations under these terms to any third party without MAP’s prior written consent.

18. ELECTRONIC WRITING AND AGREEMENT ON EVIDENCE

19. PERSONAL DATA PROTECTION

MAP manages Personal Data in accordance with the Applicable Regulations and its Data Protection Policy, which may be accessed, downloaded and printed at any time from the Site.

For any question relating to personal data, MAP may be contacted at office@makeupatelier.paris.

The Customer expressly undertakes to comply fully with the Applicable Regulations in accordance with the Customer’s actual role in relation to Personal Data and will ensure that the Customer’s permanent or temporary staff, subordinates and partners comply with the same requirements.

20. INTELLECTUAL PROPERTY

The Customer acknowledges that MAP is the exclusive owner of all intellectual property rights attached to the following IP Elements:

the Company, including its corporate name, trading name, names, acronyms, Trademarks, logos or other signs and know-how;
the Site, including its structure, architecture, organisation, any software, sections, features, visual and graphic appearance, texts, animated or still images, sounds, know-how, designs and any other element composing it;
Product(s) and/or Service(s) generally, including their composition, know-how, recipes, patented or patentable elements, presentations, packaging, appearance, commercial offers and all content and other elements composing them;
any trademark, design and/or model and/or patent held by MAP;
any database designed and/or managed by MAP, including its structure and content.

The Customer may not represent, reproduce and/or modify, in any form or on any medium whatsoever, directly or indirectly, all or part of the aforementioned IP Elements and, more generally, may not use or exploit those IP Elements other than for the resale of MAP Products and/or Services.

MAP expressly prohibits, in particular:

the extraction, by permanent or temporary transfer, of all or part of any of these IP Elements, in any form;
reuse of all or part of any of these IP Elements, in any form.

The Customer may not assign all or part of the rights and obligations arising from these terms, whether by temporary assignment, sub-licence or any other agreement providing for the transfer of such rights and obligations, without MAP’s prior written consent.

Any unauthorised use of any IP Element, without MAP’s prior written consent, constitutes a breach and may give rise to legal proceedings.

21. AMENDMENT OF THE GTCU

The GTCU applicable are those in force on the date the Product(s) and/or Service(s) are ordered.

22. GENERAL PROVISIONS

No statement or document may create an obligation not included in the GTCU unless it is the subject of a new agreement between MAP and the Customer.

MAP’s failure to require application of any clause of the GTCU, whether permanently or temporarily, may under no circumstances be treated as a waiver of that clause or of any other clause.

If there is any difficulty in interpreting a heading appearing before a clause and the clause itself, the heading will be disregarded.

23. GOVERNING LAW – COMPETENT COURT

The GTCU are drawn up in French and are governed by French law.

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