Article 1 - FIELDS OF APPLICATION
These General Terms and Conditions of Sale (hereinafter referred to as G.T.C.S) apply to all product sales between LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE and professional buyers. These G.T.C.S prevail over all conditions of purchase and contrary clauses which may appear on all documents of the buyer or his representative and in particular his general conditions of purchase, unless expressly waived by us.
Placing an order with LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE implies full, complete and unreserved acceptance of these G.T.C.S, which the professional buyer declares to have read beforehand. The term “products” refers to all the items present on the www.fun-line.com website and marketed via this channel by the company LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE.
Article 2 - INTELLECTUAL PROPERTY
The Purchaser expressly understands and acknowledges that LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE is and will remain the exclusive owner of all intellectual property rights, and in particular copyrights, trademarks, designs and models, relating to the Products, including the studies, models, drawings, projects submitted or sent by LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE to the Buyer (hereinafter referred to as the intellectual property rights).
Consequently, the Buyer is prohibited, under pain of prosecution, from reproducing, modifying, adapting, in whole or in part, directly or indirectly, for any reason whatsoever, the Products of the range LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE except with the prior written consent of LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE. The buyer is also prohibited from transmitting to third parties any information of any kind whatsoever allowing total or partial reproductions of the Products and the conditions and agreements between LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE and the Buyer.
Article 3 - PAYMENT
- By Bank card VISA – EUROCARD – MASTERCARD (this is Paybox which ensures the security of your online payments)
- If you do not wish to transmit your credit card details, you can also pay by Bank transfer or by Bank check (see terms and conditions on the site)
In these two cases, the order will be dispatched upon receipt of the funds or the check.
Article 4 - DELIVERIES-TRANSPORT
The products acquired by the buyer will be delivered within the time indicated in the order form. This deadline does not constitute a strict deadline and LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE cannot be held liable with regard to the buyer in the event of late delivery. The place of delivery will be defined in each purchase order. The products travel in all cases at the risk and peril of the buyer. It is the responsibility of the purchaser, unless expressly stipulated otherwise by LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE, to insure the costs of the risks associated with the transport of the products.
In the event of the occurrence of an event beyond its control and in particular in the event of force majeure, strike, lockout or delay in the delivery of raw materials, LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE may either proceed with cancellation of the order, or postpone the delivery date. The buyer cannot then require the seller to deliver on the date previously confirmed. Under no circumstances may the buyer claim damages for late or non-delivery. In the event of late delivery, no cancellation or termination by the buyer can be considered valid, if it is not preceded by formal notice by registered letter from the buyer: upon receipt of this formal notice we reserve the right to be able to deliver for a maximum period of fifteen (15) days. The formal notice cannot be sent by the buyer before the expiry of the delivery deadline initially planned.
Article 5 – RETENTION OF OWNERSHIP
LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE retains ownership of the goods sold until full payment of the price, in principal and accessories. It is therefore expressly agreed between the parties that the transfer of ownership to the buyer is subject to full payment of the price, on the agreed due date as shown on the invoice issued. In the absence of payment on the due date, the seller will take possession of the goods of which he remains responsible. owner. As such, if the buyer is subject to receivership or judicial liquidation, LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE reserves the right to claim, within the framework of the collective proceedings, the goods sold and remaining unpaid.
Article 6 - COMPLIANCE OF PRODUCTS-CLAIMS
The buyer is required to check the apparent condition of the products upon delivery. In the absence of complaints expressly made by the buyer within eight (8) working days of delivery, the products delivered by LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE will be deemed to comply in quantity and quality with the order.
Complaints must be made in writing by registered letter with acknowledgment of receipt, clearly mentioning the defect and the part reference to LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE within the aforementioned period. After this period no claim can be made.
If the buyer attempts to reduce or eliminate a defect by any means without the prior written consent of LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE, any claim in this regard will be refused. Under no circumstances may the buyer return products without our authorization.
If the complaint proves to be justified, the return will be subject to an exchange or, failing that, a credit note excluding any damages for any reason whatsoever. Failing this, there will be no exchange of products.
Article 7 - CANCELLATION OF ORDERS
The initial order cannot be canceled or modified if production is in progress or if the raw material has already been ordered.
In other cases, the order can only be canceled or modified upon express acceptance on our part.
Article 8 - APPLICABLE LAW SETTLEMENT OF DISPUTES
These General Conditions of Sale are governed by French law. Any dispute, even in the event of recourse in guarantee or of multiple defendants, will be the exclusive jurisdiction of the commercial court in whose jurisdiction the registered office of the company LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE is located.