Terms of sale
These general conditions of sale (hereinafter “CGV”) are concluded between:
Manucurist, SARL with a capital of € 156,450, registered with the RCS of Paris under n ° 813 646 429, whose head office is located at 19 rue d'Enghien 75010 Paris represented by Gaëlle Lebrat-Personnaz in his capacity as co-manager (hereinafter “manucurist”).
AND
Any independent professional-natural or legal person-registered in the Trade and Companies Register having previously signed an approved distributor contract and wishing to purchase Manucist brand products (hereinafter "the distributor")
Manucist and the distributor are below individually or collectively designated the “part“ or the “parties”.
1. Object of GTC
The purpose of the GTC is to define the terms and conditions of contractual relations between manicurist and the distributor, buying Manucist products listed in appendix 1, designated below "product (s)".
The GTC are communicated to any distributor in order to allow him to place an order with Manacurist.
Any order and any purchase of products involve unreserved acceptance by the distributor and its full membership in the GTC which prevail on any other document from the distributor, and in particular, on its general conditions of purchase, unless express derogation from Manucist .
Manucurist reserves the right to derogate from certain clauses hereof, depending on the negotiations conducted with the distributor, by establishing specific conditions of sale.
Finally, Manucurist reserves the right to modify the GTC at any time without having to require the distributor's agreement, of which he will transmit to the distributor the new version at least one month before their entry into force.
2. Orders
The distributor must systematically order products on the following online platform: http://pro.manucurist.com.
The distributor may, after Manucist agreement, place his orders by email to the address: commercial@manucurist.com.
The order is confirmed in writing by Manucurist by means of a quote sent by email to the distributor.
Confirmation of the order leads to acceptance of these GTC.
The distributor being a professional buying the products in the context and for the needs of his profession, the right of withdrawal provided for by the Consumer Code is not applicable.
3. Products delivery
3.1. Place and delivery times
The products are delivered to the address indicated by the distributor when ordering, which is solely responsible for the accuracy of the delivery address.
All costs resulting from the indication of an incomplete and/or erroneous address will be charged exclusive to the distributor.
The order gives rise to a delivery time in continental France of 6 to 8 working days.
This delivery period is only given informative and indicative, this depending in particular on the availability of carriers and the order of arrival of orders.
Manucist strives to comply with the delivery time indicated in acceptance of the order, depending on the reference logistics period in the profession, and to execute orders, except in cases of force majeure, or in the event of circumstances out of sound Control, such as strikes, frost, fire, storm, flood, epidemic, supply difficulties, without this list being limiting.
Any delay in the delivery of the products will not be able to give rise to the benefit of the distributor or to the allocation of damages or to the cancellation and/or the modification of the order.
3.2. Transport, delivery and reception
Upon receipt of his order, the distributor undertakes to check:
- the conformity between the number of packages received and that indicated on the delivery slip;
- The quality of the boxes received.
It is up to the distributor, in the event of non -compliant, damaged or missing products, to make all the necessary reserves with the carrier and to Manucist.
For any return request, the distributor undertakes to send within an imperative period of 48 (forty-eight) working hours an email at the following address: commercial@manucurist.com.
In all cases, it is up to the distributor to provide all the justifications for the reality of the vices or missing observed.
In the case of a return request concerning a damaged product or package, photos of damaged products must imperatively be attached to the product return email.
The unreserved reception of the products ordered by the distributor covers any apparent defect, damaged, non -compliant and/or missing product.
All returned products must preferably be given in their original package or failing that in a package adapted to the transport of these products, in order to ensure their integrity (non-degradation).
The return costs will only be borne by manucist in cases where it is actually observed the existence of apparent defect of non -compliant products or products.
3.3. Shipping cost
Shipments in mainland France, only, are made Franco of port and packaging for any order of an amount greater than € 79 excl.
Any order of an amount less than or equal to Franco will be increased by € 8 excl.
3.4. Suspension of deliveries
In the event of non -payment or partial payment of an invoice from due date, Manucist reserves the right to suspend any current and/or future delivery from the distributor.
4. Characteristics of the products offered
The products offered for sale are those appearing on the list of prices given to date by Manucrist to the buyer. The prices are in euros and get along in net and excluding taxes. Any order will be invoiced at the rate in force on the day of shipment of the order by Manucrist.
These products comply with the French legislation in force.
These products are offered within the limits of available stocks. In the event of unavailability of the ordered product (s), the buyer will be informed by the sales department. No balance of balance can be proposed.
Manucurist reserves the right to modify its prices at any time and to inform the distributor. Any change of price applied to the products will be notified to the distributor at least one month before their entry into force.
5. Payment
5.1. Payment terms
The products are billed on the date of shipping of the products to the distributor.
The price of any subsequent order is payable in cash or delayed:
- By bank transfer on one of Manucist's bank accounts:
BNP Paribas Montholon
IBAN: FR76 3000 4007 7700 0102 5825 188
BIC: BNPAFRPPXXX
Bred Paris Turbigo
IBAN: FR76 1010 7001 4700 6290 4288 233
BIC: BREDFRPPXXX
- by bank direct debit, by fulfilling the request for authorization to direct SEPA (Annex 2).
5.2. Payment Incidents
The delay in payment means any total or partial regulations after the due date on the invoice.
Any invoice not adjusted to the due date will give rise to the payment by the distributor of delay penalties set at three times the legal interest rate calculated on the amount including tax of the invoice.
These penalties are due as of right, without any prior formal notice being necessary, from the 1st day following the due date of the invoice of the products by the distributor and will be automatically brought to the debit of the distributor account .
Manucurist reserves, finally, the ability to seize the competent jurisdiction for the purpose of putting an end to this non -performance, under daily penalty per day of delay.
5.3. Flat -collection compensation
In the event of late payment, the distributor will have to manucist a lump sum allowance for recovery costs, amounting to 40 (forty) euros, as of right and without prior notification, nor other formality by Manucist, from the first day of Delay of payment according to the maturity of the invoice in application of articles L 441-6 I. Paragraph 12 and D. 441-5 of the Commercial Code from law n ° 2012-387 of March 22, 2012.
Manucrist may request the distributor additional compensation if the recovery costs actually incurred exceeded this amount, upon presentation of the supporting documents.
5.4. Cancellation clause
If, within 8 (eight) working days from the first presentation of a formal notice sent by recommended with acknowledgment of receipt, the distributor has not paid the remaining sums due, the sale will be resolved to Right and may open the right to the allocation of damages for the benefit of Manucist.
Manucist can also terminate any other sale with the same distributor, regardless of the order.
Manucrist may also condition product deliveries to prior cash regulations without discount.
5.5. Compensation
All of the above provisions do not prejudge the law of manucist to also claim the compensation for its damage suffered in the event of non-payment.
6. Personal data
6.1. Controller
Under this article, “natural persons distributors” designate both natural personal and legal personnel.
In the context of these GTC, Manucist is likely to process personal data from individuals for personal processing controller, within the meaning of regulation (EU) 2016/679 of April 27, 2016 (“GDPR”) and law 78 /17 of January 6, 1978 modified (“Data Protection Act”).
The contact details of the treatment manager are as follows: Manucist SARL, 19 rue d'Enghien 75010 Paris - RCS Paris n ° 813 646 429.
6.2. Categories of data processed
Are likely to be processed the identification data of the distributor's contact (name, first name), its professional and/or personal contact details (email address, postal address, telephone number), data relating to its professional life (titled position), the means of payment used or the transaction and the products subscribed.
6.3. Treatment purposes
These personal data are processed for the completion of the following purposes: selection and referencing of distributors / management of distributor contracts, including the management of orders, delivery, supply of products, invoices and payments / complaints, after-sales service and guarantees / management of pre-contentious and litigation / commercial prospecting, insofar as the natural person distributor did not oppose it:
- For emails, by clicking on the unsubscribe link;
- For SMS, by sending stop to the indicated number;
- For telephone calls, by registering on the opposition list accessible on the site www.bloctel.gouv.fr.
6.4. Legal treatment bases
The processing of this data is necessary for the execution of the contract to which the natural person distributor is a party or the execution of pre-contractual measures taken at the request of the latter. As an incidental, commercial prospecting is based on the legitimate interest of Manucist.
6.5. Recipients
Personal data from natural persons are only made accessible by Manucist internally to the only persons authorized to know with regard to their attributions.
In view of its subcontractors, Manucist only transmits this personal data to the only recipients who have the strict necessity, to ensure treatment in accordance with the purpose of their collection. In this context, the providers responsible for the management of distributor accounts and the management of associated transactions are concerned.
6.6. Transfers outside the European Union
Certain personal data collected by Manucist is likely to be transferred outside the European Union, mainly in Canada and the United States, where Manucist providers are present.
In the event of transfer, Manucist ensures that it is (i) made to a country subject to a decision to adequate the European Commission under article 45 of the GDPR, or (ii) Box By appropriate guarantees under article 46 of the GDPR, in particular the standard contractual clauses of the European Commission, as well as by technical and organizational measures to guarantee a high level of security and confidentiality of data, similar to that required by the GDPR.
6.7. Conservation durations
Personal data from natural persons is kept until the realization of the purposes for which it has been collected. This duration is 5 (five) years from the end of the contractual relationship for contract management, and 3 (three) years from the last contact (e.g. click on a hypertext link contained in an email ) for commercial prospecting.
In some cases, a longer shelf life may be imposed by a legal obligation. For example, distributor invoices are kept for a period of 10 (ten) years.
6.8. Individual rights
The natural person's distributor has a right of access, rectification, erasure and portability on their own personal data, but also a right of opposition or limitation of the treatment implemented. These individual rights can be exercised at any time by email by transmitting a request to the following address: dpo_retail@manucurist.com.
The natural person's distributor also has the right to submit a complaint to the supervisory authority, the National Commission for Data Protection (CNIL).
7. Intellectual property
All intellectual property rights relating to the products are reserved for Manucurist.
Intellectual property rights relating to documents, in particular technical and/or commercial documents, products, photographs given to the distributor remain the exclusive property of Manucist.
The distributor undertakes to make no use or copy of these documents likely to infringe the industrial and intellectual property rights of Manucrist.
Under these conditions, the distributor is not authorized to reproduce, exploit, disseminate or use in what way whatsoever, even partially, the intellectual property rights of Manucrist, without its prior written agreement.
The distributor can use the name and/or brands and/or any distinctive manicist signs, as a commercial reference only.
8. Applicable law
The provisions of the GTC are subject to French law regardless of the distributor's country of residence and/or the location of the order.
The GTC as well as the prices applicable on the day of the order are expressly approved and accepted by the distributor; Who declares and admits to having a perfect knowledge, and therefore renounces to claim any contradictory document and, in particular, their own general conditions of purchase.
Done in Paris, in two original copies, the ………………………………
