TERMS OF USE 

Access to the website as well as the uses of its content are subjected to the terms and conditions described below. When the User accesses the Site and reads and/or uses its [...] content, he or she accepts unconditionally to abide by the terms and conditions of use:

  1.       Purpose of the Website

www.monmasque.com website, is an e-commerce platform dedicated to the sale of beauty products and accessories.

The Website provides a range of beauty products such as: cleansing face brush or sheet masks.

The terms and conditions describes below aim at defining the contractual relation between ALSO RIGHT and the PURCHASER as well as the whole rules related to the purchase done on the Website and to the USERS of it.

 

The VENDOR reserves the right to modify these terms and conditions at any time.

The TERMS AND CONDITIONS are those applicable to the order placed by the BUYER. The date of order makes proof.

The Website access is free and open.

  1.     Intellectual property rights

www.monmasque.com Website is an intellectual work protected by intellectual [...] property legislation. All elements contained in the Website are owned by the EDITOR, i.e ALSO RIGHT, solely untitled to use them as part as the intellectual property rights. The property rights are related to textual and graphics contents as well as to the structure of the Website, its name, its graphic chart and terms and conditions below.

Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

ALSO RIGHT, this Website editor reserves the right to take legal action in case its intellectual property rights are infringed.

 

  1.     Complaints related to copyrights

We respect the intellectual property rights of others. If you think that an intellectual property has been copied on the Website and infringed yours intellectual property rights, please feel free to contact our Customer Service at contact@also-right.com. We will take the measures needed to guarantee the review of your complaint by respecting the legislation on intellectual property rights.

Please contact us by e-mail about any violation of that right, and:

  •       Identify the intellectual work protected which you think belonging to you or to a third party for whom you are authorised to act for it.
  •       Describe the content which infringe the intellectual property rights and highlight where is it located on the website;
  •       Provide us: address, phone number and e-mail.

 

  1.     User’s obligation and liability

By accessing and using this Website, you must comply with the General Conditions as well as with the warning and access instructions containing on this Website. You must act at all times in good faith, in accordance with the law and customary practice and in due care with the nature of the information, declaration and all contents or services you are benefiting from.  

You agree not to adjust, try to circumvent or delete any notices contained on the Website (including any intellectual property notices) and in particular any digital rights or other security technology embedded or contained within the website.If you breach any of your obligations under these terms and conditions by negligence or by wilfully, you could be held liable for damages and loss resulting for ALSO RIGHT, to the extent permitted by law.  

 

  1.     Privacy & Cookies Policy

The USER of the Website has the right to refuse “cookies” and “trakers” while browsing on it, in accordance with European Directive 2009/136/CE of November 25, 2009. The USER is kept informed when he logged on through a display on top of the page. All popular browsers (e.g. Chrome, Internet Explorer, Edge and Safari) allow the user to amend the cookie settings so that cookies are no longer enabled across all websites that he visits. The browser option are available from the privacy settings.  The presence of « cookies » is dependent on the USERS, WEBSITE’S EDITOR is not responsible for the browsing quality.

We use administrative, technical and physical security measures to protect the personal information the user provides against loss, misuse and alteration, access, disclosure or use by non-authorized entities.

 

  1.     Client account

In order to get access to some functionalities, pages, contents or services of this Website, you will need to register to the website by providing us the information required through the electronic registration form. In order to register on the website you must be at least 18 years old.

If you are at least 18 years old and you register on the electronic registration form, you will receive by email your username and a password assigned to your account. The processing of your personal data by the person in charge of the process (ALSO RIGHT), is subject to the provisions of Privacy & Cookies policy (§5.).  

The username and password you choose after you have been accepted by ALSO RIGHT, will allow you to access and use some additional functionalities, pages, content or services of the website. These information are PERSONAL and NON-TRANSFERABLE excepted as noted below:

By subscribing to our website, you accept to:

  •       Provide us accurate and updated information;
  •       Be responsible to keep your username and password confidential and inform us as soon as possible, for any contingency if your information are used by a third party which is not authorised; and
  •       Accept the responsibility of all actions intervening under your username and password.



If you login and use the Website on behalf of someone else, you acknowledge that you have the ability to subject that person to these Terms of Use, and you agree to commit yourself for any damage caused by misuse of the Website resulting from such access or use.  In case of violation of these Terms, we reserve the right to refuse services, close accounts, delete or modify content on this Website. 

To the agreement of the user when data is collected, ALSO RIGHT will be able to keep the user up to date with information about new range, newsletters through mail or email.

 

  1.     Customer reviews

Users of the web site monmasque.com can give their opinion on its performance and evaluate the products it offers for sale.

By publishing his opinion on the web site, the user undertakes:

·      To write in French or English

·      Not to publish an opinion which would be contrary to public order, good morals, or would constitute defamation with the meaning of article 29 of the law of July 29, 1881.

·      Not to publish a notice stating an illegal or illegal activity

·      To respect rights of others and not to quote them privileging generic terms

·        To share authentic opinions, based on real facts, for the sake of good information

 

The user undertakes to provide an assessment that corresponds to his real experience of the product sold on this web site. 

ALSO RIGHT reserves the right to delete any contents that is not respectful of these terms of use.

ALSO RIGHT may block the account of the user who does not respect these terms of use, without prejudice to possible legal action if the facts warranted.

  1.     Product description

 

ASLO RIGHT guarantees the authenticity of the products of this web site, as well as their visual reproduction, true to reality. However in the state of technical developments, the representation of products in terms of color and shape may vary from one computer to another. These variations can, in no way, be attributed to the PUBLISHER, who is not liable.

The expiry date is 3 years (from the date of manufacture) but it is advisable to use them within 3 months from expiry date given on the label and to keep them away from heat and light (sun).

ALSO RIGHT declares that the products sold on this Website are marketed in accordance with the laws and regulations in force in France. The application of these rules is subject to mandatory displays on the product descriptions.

In case of any risks related to the use of the products sold on the Website, they are mentioned on the Website, on the products and, if applicable, on their instructions. The USER who subscribes to these terms of use acknowledges being fully aware of the risks, even exceptional, relating to the use of products acquired from this Website.

In the event of any undesirable effect not mentioned on the Website, the product, its packaging or its instructions, the USER is invited to consult a doctor. The product MANUFACTURER, and the VENDOR who will refer to the Agence Nationale de sécurité du medicament et des produits de santé (ANSM).

Consumers of the products sold on this Website undertake to respect the instructions for use, the applicable doses and to use them in a manner compatible with any allergies they may suffer.

 

We try to be as accurate as possible when describing our products on this Website; however, to the extent permitted by law, we do not warrant that the product descriptions, colors, or other content available on the Website is completely accurate, complete, updated, or error-free.


For descriptions that may contain incorrect information, ALSO RIGHT agrees to remove them from the Website or replace them with correct information as soon as possible.


Products displayed on this Website are sold subject to availability. The availability of products is indicated on the Website, and more particularly in the description of each product.

 

  1.     The order

 

In accordance with the Hamon law of March 17, 2014, this Website does not contain pre-checked boxes that would subscribe to the USER paid options that have not been subject to prior information. 

The USER of the Website who wishes to make a purchase has a basket in which he can add the products and objects he wishes to acquire.


When he has set up his basket, the user can access to the summary by clicking on the button provided for this purpose. He finds all the products and objects selected, their quantity, their price and the overall cost of the basket. He can make the necessary modifications, by deleting products or objects from the basket, or on the contrary resume the navigation on the Website to add other products or objects to his basket.  When the USER has checked his basket, he can validate it, and access an online form where he can log in if he has a customer account. When the user is identified, he is redirected to a page allowing him to complete or modify his delivery and billing details. When the user has checked and / or completed his delivery and billing details, he is redirected to the delivery page from which he chooses his delivery method and accepts these Terms again. Delivery times begin to run only after receipt of payment by the VENDOR. Finally, the USER is redirected to the secure payment terminal, where he completes the requested information.

 

  1.   The payment

 

Payments by credit card are made directly in the hands of the CIC banking institution. Therefore, the publisher of the Website does not have access to the payment data provided by the USER. When the payment has been received by the PUBLISHER of the Website, an acknowledgment of receipt is sent to the BUYER by email with an invoice containing all the elements relating to the products and objects, their price, their quantity and the terms and conditions of delivery, within one to three working days. By the same email, the BUYER is informed of the terms and conditions relating to the exercise of his right of withdrawal, a model of withdrawal form will be made available.  In case of non-payment, the amounts owed by the USER to the PUBLISHER will be subject to legal penalties equal to three times the legal interest rate, from the day following their due date, without formal notice beforehand.The PUBLISHER of the Website cannot be responsible for any fraudulent use of any means of payment that would not have been detected by the verification procedure. The BUYER guarantees the publisher that he has the necessary authorizations to use the method of payment he has chosen for his order. Any fraudulent use of the credit card will not give rise to a refund by the PUBLISHER. Until an order has been fully settled, the product (s) remain the property of the publisher.

 

  1.   Delivery time


Orders are shipped by post or any carrier designated by the VENDOR, within one to three working days from receipt of the amount of the product being shipped. The VENDOR remains the owner of the products subject to an order until full payment thereof. The risks are then transferred to the buyer as from the shipment of the products by the VENDOR.

In accordance with the Hamon law of March 17, 2014, the website indicates, at the time of the validation of the order, the estimated date of delivery of the product, and the publisher undertakes to deliver the buyer no later than 30 days after having perfectly collected the price of the product being sent. In case of late delivery and after this legal period, the buyer may cancel the purchase and obtain a refund by sending a registered letter with acknowledgment of receipt to the SELLER, within 8 days after expiry of the statutory delivery period.

This possibility cannot apply if the delay of delivery is due to the fact of the BUYER. Or in case of force majeure outside the VENDOR’S control.

In case of resolution for late delivery, and if the products have already been shipped by the SELLER, the BUYER undertakes to return them at his own risk. The SELLER will refund, upon receipt of the complaint parcel, the price of the products concerned and, on written proof, the shipping charges return.

Delivery methods:

- In Followed Letter (Lettre Suivie/la Poste) for small objects, at the VENDOR’S discretion, even if the buyer has chosen another mode of delivery

- Colissimo without signature for Metropolitan France, Monaco and Andorra

- Colissimo with signature for Metropolitan France, Monaco and Andorra

- Colissimo withdrawal in post office or shopkeeper

- International Colissimo to the countries of the European Union

The products are delivered to the address indicated by the buyer when ordering. On receipt of his order, the BUYER is required to check the goods, and indicate on the delivery note any reservations he intends to invoke, as to the condition of the goods. In the absence of a reservation on the delivery note, the BUYER may not make any claim to the VENDOR, except on the basis of the guarantee of hidden defects, provided for in Article 1641 of the Civil Code.

 

  1.   Shipping costs

 

The delivery costs are indicated to the user before validation of the order.

 

The user is informed that customs duties and other taxes may be applied to the products when the delivery takes place outside the European Union. The user agrees to assume the customs duties and other taxes that may apply with respect to the place of delivery of his order. Consequently, it is his responsibility to check all the terms and conditions that apply to the delivery of his order, according to the place of delivery.



  1.   Right of withdrawal

 

The BUYER has a right of withdrawal. This right of withdrawal, in accordance with the Hamon law of March 17, 2014, is prescribed by 14 calendar days. The withdrawal period begins to run from the date of delivery of the order. 

The costs of return are the responsibility of the BUYER who must include to its order a letter which justify why the BUYER wants to withdraw. The BUYER asks for an exchange or a refund in this letter.

VENDOR has to refund the BUYER within 14 calendar days in accordance with the Hamon law of March 17, 2014, after reception of the returned order, or the date of returning on presentation of supporting documents or of the order withdrawal if not already dispatched.

Please ensure that items are undamaged and in their original condition as well as that your order returned is full. If not, the VENDOR has the right to not refund damaged products.



  1.   Return & Refund

 

The exchange of any product declared a posteriori, damaged during [...]transport, without any reservation issued on receipt will not be assumed by ALSO RIGHT.

ALSO RIGHT will not consider any returns of goods without a prior authorization due to the fragility of goods.

If the product is damaged or lost, without a prior authorization, the return will be denied and the order will not be refund.

If they are returned, goods must be unused and in their original condition. You must notify us within 14 days of receipt of your order and provide a proof of purchase. Any product open, incomplete, damaged, or partially damaged will not be refund. Moreover, we recommend to provide a proof of return in case of problems arising with shipping. Unless any lack of conformity or a hidden defect of goods, the returns fees are the responsibility of the CUSTOMER.

  1.   Liability exclusion

 

ALSO RIGHT must respect all laws and legislation in place within the French territory. In consequences, ALSO RIGHT may not be held responsible for the non-compliance of laws in place in others countries.

ALSO RIGHT may not be held responsible for all indirect damages which could arise from the purchase products offered, including a wrong use of product, a bad maintenance from the BUYER or abusive use of goods of which the buyer is committed to use in an appropriate way and in accordance with the operating instructions.

ALSO RIGHT may not be held responsible if the USER is not able to place an order in case of a stock shortage or unavailability of the goods ordered. ALSO RIGHT may not either be held responsible in case of non-performance of the order for reasons beyond its control or in case of force majeure.  

Finally, the responsibility of ALSO RIGHT shall therefore no be engaged in regards to these Terms and conditions, in case of damage related to the Internet network use by the USER such as virus, data loss, rupture of internet network.