General terms and conditions of sales

The present General Terms and Conditions of Sale are concluded between TELXIA Ltd, registered in Bulgaria under the number 205264867 and whose registered office is located at 28 Tsar Asen, 8000 Burgas, Bulgaria, hereinafter referred to as “the Company”, and any person who has made a purchase on the site https://neroskincare.com/, hereinafter referred to as “the Customer”.

Any purchase on the site www.neroskincare.com/ automatically entails the acceptance of the entirety of these conditions which the Customer acknowledges having read prior to his order.

Article 1: Purpose

The present General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products offered by the Seller.

Article 2: General provisions

These General Terms and Conditions of Sale govern the sale of Products, made on the website of the Seller (called “the Company”), and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order.

The Seller reserves the right to modify the present Terms and Conditions at any time by publishing a new version on its Website. The General Terms and Conditions of Sale applicable at that time are those in effect on the date of payment (or the first payment in the case of multiple payments) of the order.

The Customer declares that he has read the present General Terms and Conditions of Sale and accepts them without restriction or reservation.

Article 3: Conclusion of the online contract

To conclude the contract by electronic means, the Customer must follow a series of steps to be able to carry out his order: – Information on the essential characteristics of the Product; – Choice of the Product; – Indication of the essential coordinates of the Customer (identification, email, address…); – Acceptance of the present General Conditions of Sale; – Verification of the elements of the order (formality of the double click) and, if necessary, correction of the errors. Before proceeding to its confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or cancel his order. The confirmation of the order will entail the formation of this contract. – Then, the instructions for payment will be followed, the products will be paid for, and the order will be delivered. The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it.

During the ordering process, the Customer will have the possibility to identify and correct any errors made in the data entry. The language proposed for the conclusion of the contract is the French language.

The archiving of the communications, the order, the details of the order, as well as the invoices is made on a reliable and durable support so as to constitute a faithful and durable copy. This information can be produced as proof of the contract.

For delivered products, delivery will be made to the address indicated by the Customer. In order to properly complete the order, the Customer agrees to provide truthful identification. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

Article 4: Products

The essential characteristics of the products and their respective prices are made available to the Buyer on the Company’s Internet Site, as well as, where applicable, the method of use of the product. The consumer is informed, by way of marking, labeling, display or any other appropriate process, of the prices and particular conditions of the sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is the one in force indicated on the day of the order, this one not including the shipping costs invoiced in supplement. These possible expenses are indicated to the Buyer during the process of sale, and in any case at the time of the confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies that he has received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information regarding the identity of the seller and his postal, telephone and/or electronic contact details in the context of the present sale. The Vendor undertakes to honour the Customer’s order within the limits of available stocks of Products only. In the event of failure to do so, the Seller shall inform the Customer; if the order has been placed, and if no agreement has been reached with the Customer on a new delivery date, the Seller shall refund the Customer.

The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the Internet Site of the Company. Except in the case of special conditions, the rights granted hereunder are granted solely to the natural person signing the order (or the person holding the e-mail address provided).

Article 5: Prices

The prices of the products sold on the Website are indicated in Euros including all taxes (VAT + other possible taxes) on the order page of the products, and excluding specific shipping costs. For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not under the responsibility of the Seller. They shall be borne by the Buyer and are the Buyer’s responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the Buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary for access to the Company’s website shall be borne by the Customer. Where applicable, delivery costs are also charged.

Article 6: Compliance

The products offered for sale on the Website are made up of natural components and comply with the regulations in force relating to the safety and health of persons, fair trading and consumer protection. They are environmentally friendly and comply with international regulations, including Council Directive 2001/95/EEC on general product safety, Council Directive 87/357/EEC on the approximation of the laws of the Member States relating to products which, not having the appearance of what they are, endanger the health or safety of consumers.

Article 7: Payment

Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). The secure online payment by credit card is made by the Company’s payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the secure network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. By communicating his banking information at the time of the sale, the Customer authorizes the Seller to debit his card of the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale shall be immediately cancelled by operation of law and the order cancelled.

Article 8: Terms of delivery

Delivery methods and rates are indicated at the time of placing the order. The products are delivered to the delivery address given at the time of the order and within the time limits indicated. These deadlines do not take into account the preparation time of the order. When the Customer orders several products at the same time, they may have different delivery times if they are shipped separately. The Seller reminds that when the Customer takes physical possession of the products, the risks of loss or damage of the products are transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations about the delivered product.

Article 9: Returns

Products must be returned intact, unopened and unused, in their original packaging and within fourteen (14) days of receipt of the order to the following address Online Returns, MVM log c/o byrd technologies, c/o NERO SKINCARE, 52 rue de la
Promenade, 85500 BEAUREPAIRE, France. The return costs are at the expense of the Customer.

All returns must be requested at pirate@neroskincare.com prior to shipment in order to facilitate identification and expedite processing. Unidentified returns will be returned to the sender.

The refund will be made fourteen (14) days after receipt of the returned goods via the same payment method originally used for the order.

Article 10: Withdrawal period

In accordance with the provisions of the European Directive 2011/83 on the protection of consumer rights, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order.

The right of withdrawal can be exercised by contacting the Company by e-mail at the following address: omatelot@neroskincare.com

In case of exercising the right of withdrawal within the above-mentioned period, the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to the following address Online Returns, MVM log c/o byrd technologies, c/o NERO SKINCARE, 52 rue de la
Promenade, 85500 BEAUREPAIRE, France; and must be accompanied by a copy of the purchase receipt.

Where the order was accompanied by a gift offered to the Customer and the Customer no longer qualifies for the gift as a result of the Customer exercising the right of withdrawal, the gift must be returned with the returned products and NERO SKINCARE may defer the refund until receipt of the gift or until the Customer provides proof of shipment of the gift, whichever comes first.

The refund will be made fourteen (14) days after receipt of the returned goods or fourteen (14) days after the date of receipt of the withdrawal request. The refund will be made via the payment method initially used at the time of the order.

NERO SKINCARE advises the Customer to choose a shipping method with a tracking number. Without a tracking number, NERO SKINCARE will not accept any claims.

Article 11: Complaints

Buyer may submit any complaint by e-mail to the following address: omatelot@neroskincare.com, taking care to include all necessary details, including the date and number of the order as well as its full name and contact information (address, telephone number, etc.)

Defective products
Products are considered defective if they do not meet the quality criteria, if they are not suitable for use or if they do not correspond to their description. Items damaged by accident or misuse will not be considered defective. Increased sensitivity or allergic reaction to the delivered products will not be considered as product defects.

In case of receipt of a defective product, it can be returned under the conditions provided in Article 9 “Returns” and within thirty (30) days from the date of delivery.

Article 12: Third Party Sites

Company is not responsible for the content or accuracy of any off-site pages; is not responsible for the availability of such external Internet sites and resources; and does not endorse and is not responsible or liable, directly or indirectly, for any of the privacy practices or the content of such sites, including, without limitation, any advertising, products or other materials or services on or available from such Internet sites and resources, nor for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available from such external Internet sites and resources.

Article 13: Limitation of liability

The Company shall not be liable to any third party for any indirect damage, special damage or incident resulting from negligence, failure or clumsiness on the part of the Customer, or resulting from misuse by the Customer of any of the products offered for sale on the www.neroskincare.com/ website.

The Company shall not be liable for any consequential damages related to the Site or its use, including, without limitation, (a) business interruption, (b) delays or interruptions in access to the Site, (c) non-delivery, mis-delivery (d) loss or damage of any kind incurred through the use or presence of off-site links on this Site, (e) computer viruses, system failures or malfunctions that may occur in connection with the use of the Site, including hypertext links to or from third party sites, (f) errors or omissions in the content.

Article 14: Termination of the contract

The order may be cancelled by the Buyer by registered letter with acknowledgement of receipt in the following cases: – delivery of a product that does not conform to the characteristics of the order; – delivery beyond the deadline set at the time of the order or, in the absence of a date, within thirty days of payment; – unjustified price increase or modification of the product.

Article 15: Intellectual Property Rights

The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these General Terms of Sale. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Article 16: Copyright

All Site content, correspondence (including email) and marketing materials used to promote the Site on third party resources are the property of the Company. Reproduction of the content or republication of the content in whole or in part is prohibited.

Article 17: Force majeure

The Company shall not be liable for any delays, failures to perform or other deficiencies due to circumstances beyond its control. Such circumstances include, but are not limited to, strikes, governmental actions, wars or national emergencies, threats of terrorism or acts of terrorism, environmental or climatic abnormalities, third party failures, Internet connection problems, and hardware and software malfunctions.

Article 18: Invalidity and modification of the contract

Should any of the provisions of this contract be invalidated, such invalidity shall not entail the invalidity of the other provisions which shall remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.

Article 19: Protection of personal data

In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller implements a processing of personal data that has as its purpose the sale and delivery of products and services defined in this contract.

Article 20: Disputes

In case of dispute, the parties undertake to reach an amicable agreement. In the absence of agreement, jurisdiction is attributed to the Bulgarian courts without violating the rights of consumers under the Consumer Protection Act pursuant to Art. 18 of Regulation 1215/2012.

At any time, the Customer may send questions, complaints and/or requests for additional information by e-mail to the following address: omatelot@neroskincare.com.

Article 21: Applicable law and clauses

All the clauses contained in these general terms and conditions of sale, as well as all the purchase and sale transactions referred to therein, shall be subject to Bulgarian law.

The nullity of a contractual clause does not entail the nullity of the present General Terms and Conditions of Sale.