Terms of sale
Preamble
bangbangcosmetics.com (hereinafter referred to as the "Site") is an e-commerce website accessible via the Internet. It is open to all users of this network (hereinafter referred to as "Internet Users").
It is published by KINNA, a simplified joint-stock company (SAS) with a capital of €100,000, whose registered office is located at DSA International - 22 place du Général Catroux - 75017 PARIS, registered with the Paris Trade and Companies Register under number 894 291 053.
The Site allows KINNA to offer cosmetic products (hereinafter referred to as the "Products") for sale to Internet Users browsing the Site (hereinafter referred to as "Users"). For the purposes of these online terms and conditions of sale (hereinafter referred to as "Terms"), it is agreed that the User and KINNA shall be collectively referred to as the "Parties" and individually as a "Party," and that a User who has placed an order shall be referred to as the "Buyer." The rights and obligations of the User necessarily apply to the Buyer. It is specified that the Products are intended for the User's personal use, without any direct connection to their professional activity. The User wishing to purchase on the Site declares that they have full legal capacity.
Article 1. Purpose
These General Terms and Conditions of Sale (GTC) are intended to define, worldwide, exclusively with regard to the relationships established on the Internet and solely on the Site, the rights and obligations of the Parties arising from the online sale of Products offered on the Site. The Buyer declares having read them and any order for one or more products by the Buyer implies their unreserved acceptance of and prior, full, and complete adherence to these GTC, unless specific conditions are expressly agreed to in writing by KINNA.
Article 2. Products – Prices – VAT
2.1. Products: The Products offered for sale by KINNA are those listed on the Website on the day the User consults the Website, and within the limits of available stock. 2.2. Prices: Product prices are indicated in euros. They include VAT applicable on the day of the order. KINNA reserves the right, which the User accepts, to modify its prices at any time, but Products will be invoiced based on the rates in effect at the time the order is registered, subject to the availability of said Products. Shipping and other additional charges will be displayed during checkout.
Article 3. Order Registration and Validation
3.1 Ordering Process: All orders placed on the Site are subject to acceptance by KINNA. KINNA reserves the right to refuse or cancel an order for reasons such as product availability, errors in product description or price, or suspected fraud.
3.2. Payment: KINNA accepts major credit cards and other payment methods available on the Site. Payment must be made in full before the Products are shipped. Once the payment is validated, the User is redirected to the Site. Their order is registered and becomes irrevocable. The User then becomes the Buyer.
The order form is recorded in KINNA's computer records, which are stored on a reliable and durable medium, and will be considered proof of the contractual relationship between the Parties.
The Buyer guarantees that they are fully authorized to use the payment card used, that the card is valid, and that it provides access to sufficient funds to cover all costs necessary for payment of the order.
KINNA implements all measures to ensure the confidentiality and security of data transmitted on the Site.
Article 4. Delivery
4.1. Delivery Method: The Buyer chooses one of the delivery methods offered on the Website when placing the order. 4.2. Delivery Address: The Buyer is solely responsible for any delivery failure due to incomplete or inaccurate information provided during the ordering process. 4.3. Delivery Costs: The delivery costs depend on the weight and destination of the order. In any case, the delivery costs are indicated to the Buyer before order confirmation. 4.4. Delivery Times:Delivery times vary depending on the destination, the chosen delivery method, and the availability of the ordered Products. Delivery times are calculated in business days and correspond to the average order preparation and shipping times. Delivery times begin from the date of order confirmation by KINNA.
4.5. Delivery Delay:In the event of a delivery delay, the order is not canceled.
4.6. Order Verification Upon Arrival: The Buyer is required to check the condition of the packaging and the Products upon delivery. It is the Buyer's responsibility to make any reservations or claims they deem necessary, or even refuse the package, if it is visibly damaged upon delivery. These reservations and claims must be sent to the carrier by registered letter with acknowledgment of receipt within three business days, excluding public holidays, following the delivery date. The Buyer must also send a copy of this letter to KINNA. Failure to make a claim within the aforementioned period extinguishes any right of action against the carrier in accordance with Article L. 133-3 of the French Commercial Code. The Buyer must ensure that the Products delivered correspond to the order. In the event of non-conformity of the Products in nature or quality with the specifications mentioned in the delivery note, the Buyer must inform KINNA's Customer Service by email and return the Products to [•].
Article 5. Right of withdrawal
5.1. Return Policy: The Buyer has 14 days from the date of receipt of their order to exercise their right of withdrawal without giving any reason. In accordance with Article L.121-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods that have been unsealed by the Buyer after delivery and that cannot be returned for reasons of hygiene or health protection (e.g., personal care products, makeup, etc.). Buyers wishing to exercise their right of withdrawal must return the Products within the aforementioned period, in their original packaging, complete, and in new condition. Any goods returned to KINNA in violation of Article L.121-28 of the French Consumer Code will be returned to the Buyer without the Buyer being entitled to any compensation whatsoever. 5.2. Return Process: To exercise the right of withdrawal, the Buyer must notify KINNA (contact@bangbangcosmetics.com) of their decision to withdraw before the expiry of the withdrawal period. The Buyer must return the Products to KINNA no later than fourteen days after the Buyer has communicated their decision to withdraw. The Buyer will be responsible for the direct costs of returning the Products. KINNA advises the Buyer to choose a shipping method with a tracking number. Without a tracking number, KINNA will not accept any claims.
5.3. Refunds: In the event of withdrawal by the Buyer, KINNA will refund all sums paid by the Buyer no later than fourteen days from the day on which KINNA is informed of their decision to withdraw.
KINNA may postpone the refund until receipt of the returned products or until the Buyer has provided proof of shipment of the products, whichever occurs first.
Article 6. Legal Guarantee
6.1. Legal Guarantee of Conformity: In accordance with Articles L. 217-3 et seq. of the French Consumer Code, KINNA is obligated to deliver a Product that conforms to the order placed by the Buyer and is liable for any lack of conformity existing at the time of delivery of said Product, which appears within two (2) years of delivery. Unless expressly stated otherwise for specific products, KINNA does not provide any commercial guarantee as defined in Article L. 217-21 of the French Consumer Code. 6.2. Legal Guarantee Against Hidden Defects: Similarly, in accordance with Article 1641 of the French Civil Code, KINNA is liable for hidden defects in the goods sold. The action resulting from latent defects must be brought by the Buyer within two (2) years of the discovery of the defect.
6.3. Procedure to follow:If the delivered Products do not conform to the Products ordered by the Buyer or if they have hidden defects, the Buyer must send an email to KINNA's Customer Service to notify them of the non-conformity or hidden defects of their Product(s).
The Product(s) must be (i) returned, at KINNA's expense, complete, unused (except in the case of a hidden defect), in their original, undamaged packaging and (ii) if possible, accompanied by their original packaging, the return slip, and a photocopy of the invoice.
6.4. Content of the legal guarantees: If the non-conformity of the Product(s) is confirmed or a hidden defect is proven: the Buyer may choose between repair and replacement of the Product, subject to the cost conditions stipulated in Article L. 217-12 of the French Consumer Code. In the context of implementing the guarantee against hidden defects in the sold item, the Buyer may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
Article 7. Intellectual Property
All content on the Site, including text, images, logos, and graphics, is protected by copyright and other intellectual property laws.
Any unauthorized use of this content is strictly prohibited.Article 8. Data Processing and Liberties
Please note that some information is mandatory and necessary for processing your request. Failure to complete a mandatory field may compromise the proper handling of your application.
We will only process or use your data to the extent necessary to contact you, process your requests, create and manage your user profile, create and manage your access to our online services, or conduct statistical studies.
The User has the right to access, modify, rectify, and delete their personal data.
To exercise this right, the User must send a simple email to KINNA Customer Service – contact@bangbangcosmetics.com.Article 9. Force Majeure
Neither Party shall be liable for the total or partial non-performance of its obligations under these Terms and Conditions if such non-performance is caused by an event constituting force majeure. Events meeting the criteria established by case law shall be considered force majeure.
The Party invoking an event constituting force majeure must notify the other Party within five business days of the occurrence or threat of such event.
Article 10. Partial Invalidity
If one or more provisions of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation, or final decision of a competent court, the other provisions shall remain in full force and effect.
Article 11. Entire Agreement
These General Terms and Conditions and the order summary sent to the Buyer constitute the entire agreement between the Parties and the Buyer.
the Parties. In case of conflict between these documents, the General Terms and Conditions shall prevail.Article 12. Amendments to the General Terms and Conditions
KINNA reserves the right to amend these General Terms and Conditions at any time. Amendments will take effect upon their publication on the Website. It is your responsibility to regularly check the terms and conditions.
Article 13. Complaints & mediation
For any problem, please contact Customer Service: Email: contact@bangbangcosmetics.com - Phone number: [•]
In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, KINNA adheres to the services of the [Paris Mediation and Arbitration Centre (hereinafter the "Mediator") whose contact details are as follows: 39 avenue Franklin D. Roosevelt - 75008 Paris -https://www.cmap.fr.]
In the event of a written complaint not If the issue has been resolved by our Customer Service, you can contact the Mediator free of charge. To find out how to contact the Mediator, click here. At the European level, the European Commission has also set up an online dispute resolution platform, accessible here. If the dispute is not resolved through mediation, it will be brought before the competent French courts. Article 14. Applicable Law and Jurisdiction Jurisdiction
Sales of KINNA Products are governed by French law, regardless of the Buyer's country of residence or the location where the order is placed. Any dispute relating to the existence, interpretation, performance, or termination of the contract between KINNA and the Buyer, even in the case of multiple defendants, shall, in the absence of an amicable agreement, fall under the exclusive jurisdiction of the competent French courts in accordance with the rules set forth in the French Code of Civil Procedure.
