Version as of May 28, 2020

 

Article 1 General

These general conditions of sale and use define the rights and obligations of the parties in the context of the sale of products by ESW BEAUTY to the customer and the use of the website www.e-swin.com. The customer declares to have read it and accepted the rights and obligations relating thereto.

These general conditions of sale apply to all orders placed on the site www.e-swin.com. They are systematically brought to the attention of each customer to enable them to place an order. Consequently, the fact of placing an order implies the customer's full and unreserved acceptance of the general conditions of sale. Any contrary condition imposed by the customer will therefore, in the absence of express acceptance, be unenforceable against ESW BEAUTY, regardless of when it may have been brought to its attention. The fact that ESW BEAUTY renounces, at a given time, to invoke any of the provisions of these general conditions of sale cannot be interpreted as a waiver, on its part, of subsequently invoking these provisions.

Article 2 Description of the products

Minimal variations between the products delivered and those shown in the photos do not affect the validity of the customer's consent and consequently the formation of the sale. Exceptionally, errors may occur in the description of the products.

The customer has a right of withdrawal, the characteristics of which are specified by these general conditions of sale.

Article 3 Ordering methods and prices

3.1 Prior identification

To place an order, the customer must identify themselves by using their email address, and password. In order to place a first order, it is obligatory to create an account first.

3.2 Registration and validation of the order

You have the possibility to place your order online from the online store. Once your basket has been validated, you will have to choose the address and the delivery method, and validate your means of payment, this last step formalizing the sales contract with ESW BEAUTY.

Any order implies acceptance of the prices and descriptions of the Products available for sale.

ESW BEAUTY will acknowledge receipt of your order as soon as it is validated by sending you an email in which you will find a link to these General Conditions.

In certain cases, in particular for non-payment, incorrect address or any other problem related to your account, ESW BEAUTY reserves the right to block your order until the problem is resolved.

For any question relating to the follow-up of an order, you can consult your account on the ESW BEAUTY website.

The customer declares to be at least 18 years old and to have the legal capacity, or to hold parental authorization allowing him to place an order.

All orders must correspond to the normal needs of a household. In this context, certain references may be subject to a limited number of sales per order.

Customers warrant that they are fully authorized to use the bank card and that this bank card provides access to sufficient funds to cover all costs resulting from the use of the services of ESW BEAUTY. Only persons legally capable of signing contracts for the goods and services offered on the site can order on the ESW BEAUTY site.

By clicking on the “payment” button during the reservation process, the customer declares that he fully and unreservedly accepts all of these General Conditions of Sale.

The data recorded by ESW BEAUTY constitutes proof of all transactions between ESW BEAUTY and its customers, unless proven otherwise. ESW BEAUTY will systematically confirm the order by email. In the event of a dispute by the customer, the Customer will have the option of providing proof to the contrary.

The contractual information is presented in French and will be the subject of a confirmation containing this contractual information at the latest at the time of delivery.

The prices of our products are indicated inclusive of all taxes, including participation in the French eco-tax and excluding logistics preparation and shipping costs.

For deliveries and services outside of the French territory, the provisions of the General Tax Code relating to VAT will apply.

Article 4 Customs duties

Any order placed on the ESW BEAUTY website delivered outside of France may be subject to taxes or customs duties when the package arrives in the country of destination. These possible taxes and customs duties are the sole responsibility of the customer, both with regard to the declarations likely to be made, and with regard to the payment of taxes and duties likely to be required by the competent authorities of the destination country. These taxes and duties will be fully borne by the customer. ESW BEAUTY has no obligation to verify the existence of any taxes or customs duties, nor to inform the customer of the existence of these. The customer has the obligation, prior to ordering, to inquire with the competent authorities of the country of destination of the obligations of declaration and payment of any taxes and customs duties.

ESW BEAUTY has not implemented a tax refund procedure.

ESW BEAUTY reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the prices in force at the time of the order entry (subject to availability).

ESW BEAUTY reserves the right to refuse any order, and to notify the customer of its decision by email, in the case when the order comes from a customer with whom there is or would have been a dispute concerning a product distributed by the company ESW BEAUTY, which would not have paid all or part of a previous order, in the event of unavailability of the ordered product or if there are foreseeable difficulties of delivery within the time limit provided by law.

Article 5 Availability

ESW BEAUTY will do everything possible to process all orders received within the contractual period.

In the event of unavailability of a product after placing the order, the customer will be informed by email or by telephone of the foreseeable period within which the order can be fulfilled. Delivery times are a maximum of 30 days from the date on which the product order is paid. In the event that credit is used, this period shall run from the date on which the credit is formalized.

In the event of a lasting shortage of stock, and in the event that the contractual delivery time cannot be honoured for a reason attributable to ESW BEAUTY, ESW BEAUTY will inform the customer by email or telephone, and will offer other products likely to be of interest and, failing that, the order will be terminated if the customer requests it, either by registered letter with acknowledgment of receipt or in writing on another durable medium, that if, after having ordered, under the same terms, ESW BEAUTY fails to complete the delivery or provide the service within a reasonable additional time, the contract is considered to be terminated upon receipt of the letter by ESW BEAUTY or writing informing it of such termination, unless ESW BEAUTY has performed in the meantime. In this case, ESW BEAUTY will return the sum paid for the corresponding order within 14 days to the customer.

Complaints can be made by telephone, by regular mail and by email to the sales department:

ESW BEAUTY

ZA de la Prévôté

Rue des côtes d’Orval

78550 Houdan

E-Mail: commercial@e-swin.com

Télephone : +33 (0) 1 30 46 37 61

Article 6 Payment

Payment for purchases can be made by credit card, cheque (in the case of a French bank account) or bank transfer. Bank cards accepted are: CB, Visa, Eurocard and MasterCard. In the event of payment by credit card, the order will be considered effective after confirmation of the agreement of the bank payment centres. If the bank refuses, the order will be automatically cancelled, and the customer will be notified by email.

Payment in 3 instalments by credit card

Payment in 3 instalments by bank card is a payment solution that allows you to spread the payment of your order over 3 instalments debited from the account associated with your bank card.

Example for a payment of 360.00 €:

120€ the day of the order
120 € at + 30 days post order
120 € at + 60 days post order
(The exact dates of the withdrawals will be indicated when validating your payment)

Conditions of acceptance:

  • The amount of your payment must be greater than 900 €
  • The credit card must be valid for more than 90 days from your 1st payment

In the event of a cash payment for an E-One (excluding promotional offer), a 5% discount will be granted on the price of the device exclusively (accessories or consumables do not benefit from this discount). The discount is applied by ESW BEAUTY on request (by phone or via the ESW BEAUTY customer area under “Contact us and after-sales service”).

Article 7 Security

The ESW BEAUTY site is equipped with a payment security system in accordance with the regulations.

In particular, ESW BEAUTY never has access to confidential information relating to the means of payment. This is why the customer's bank details will be requested for each order.

Article 8 Delivery

The products will be sent to the delivery address that the buyer has indicated during the ordering process.

Participation in logistics preparation and shipping costs are inclusive of VAT.

Delivery of the products ordered is notified by email. The order form and the invoice corresponding to the order, including delivery costs and VAT are accessible on the ESW BEAUTY site in the "my account" section.

The customer must choose the place of delivery and indicate its characteristics. In order to optimize delivery, the customer must provide an address to which the order can be delivered during working hours. In the event that the customer does not receive a parcel and that said parcel is returned to ESW BEAUTY, ESW BEAUTY will invoice the customer for postage and packaging costs for the new shipment of said parcel.

In the event of absence during delivery, at the address indicated by the customer, a calling card is normally left in the letterbox.

The delivery time is fixed at 30 days maximum from the date on which the order is paid. Each delivery is deemed to have been made as soon as the product or products are made available to the customer by the carrier, as evidenced by the control system used by the carrier.

It is the recipient's responsibility to (i) check the shipments on arrival and to make any reservations and complaints that appear justified, or even to refuse the package, if it is likely to have been opened or if it bears clear signs of deterioration and (ii) inform us without delay of these reservations and complaints so that we can take action against the carrier.

Terms of delivery of E-One packs and accessories

We thank you for following the delivery of your orders from the message that we send to you both on your e-mail address and in the “My messages” section of your customer area.

Delivery is free for any order of an amount greater than 150 euros and paying for any order of a lower amount according to the weight of the order according to the following scale for metropolitan France:

  • up to 1kg: 12.25 €
  • 1 to 2kg: 13.12 €
  • 2 to 3kg: 14.08 €
  • 3 to 4kg: 15.02 €
  • 4 to 5kg: 15.90 €

We will re-invoice the shipping costs for any package that has been returned to our production unit by the carrier and which therefore requires a new shipment.

Delivery in mainland France

The delivery of E-One packs is provided in mainland France:

  • by Colissimo by La Poste
  • by GLS
  • Delivery usually takes place between 8 a.m. and 5 p.m. Monday to Friday.

Colissimo

  • The delivery drivers do not have a professional phone, and deliveries are not made by appointment. In case of absence, a calling card is normally left in your mailbox offering:
  • A new delivery to your home the next day or within 6 days of the postman's first visit.
  • Withdrawal the next day, at the post office of your choice (from a list of proposed offices). The package will remain available for 15 days from the date of the postman’s 1st visit, then returned to us, this return may take 1 month, if you are not going to recover it, in the event of a return, the shipping costs are billed to you.

If you live in an apartment, the delivery person is not allowed to hand over the package to the concierge. If the delivery person cannot leave a transit advice note in your mailbox, you will have to indicate another delivery address where the mailbox is accessible.

For more information on the delivery of your parcels in France, you can contact Coliposte on 0825 878 888.

GLS

  • The recipient has the information via e-mail and SMS of the date and estimated time of delivery.
  • In the event of absence, GLS asks a neighbour if he can take charge of your package. If no neighbour is able to receive it, GLS forwards the parcel to the agency pending further instructions from the recipient for a second delivery.
  • If the package could not be delivered directly to the recipient, the GLS delivery driver leaves a transit advice note containing essential information such as the name and address of the neighbour to whom the package was delivered or the possibilities to organize a new delivery.
  • Track ID or transit advice number. The calling card has a number, the track ID. You can use this number or the package number to track your package online or from your smartphone. The track ID is particularly important if GLS has brought your package back to the agency. You can use this number to request a delivery discount online.
  • For more information on the delivery of your package, you can contact customer service on 0899 010 203 (€ 0.80 / min + call price) from Monday to Friday from 8:30 am to 8:00 pm or by email - informations@gls-france.com.
  • GLS delivers packages on working days, namely Monday to Friday. The delivery of parcels takes place in less than 24 hours to most French regions. However, this regular delivery time is not guaranteed.

Delivery for overseas and abroad:

Delivery for overseas and abroad is carried out by Chronopost or GLS

Delivery dates, costs and times vary depending on the country (contact us).

  • Chronopost: For more information, visit the website www.chronopost.fr or call 09 69 39 13 91 (non-premium rate call). In the event of an unforeseen event, you must go to the link received by email by Chronopost in order to reschedule the delivery.
  • GLS: For more information contact GLS International Customer Service from Monday to Friday on 0825 031 000 (0.18 € / min + call price) or informations@gls-france.com

General Information

If you plan to be away after placing an order, please contact our sales department so that we can schedule your order to ship when you return. Indeed, any package sent and returned to our company for the reason of non-withdrawal will be re-invoiced in the event of a new shipment.

If there is no transit advice note in your mailbox, you must follow your package from your customer area, “My messages” section and / or on your personal messaging system, using the message concerning the shipment of your pack which will have been sent to you.

In case of non-communication of important information allowing the carrier the good delivery of the product or the deposit of a transit advice note in your mailbox (missing access codes, mailbox without a name, etc.), and in In the event that the package is returned to us, we will be obliged to re-invoice you for a new delivery.

Please be as concise as possible when entering your delivery address; you can follow the delivery of your package by connecting to "Customer area" in the "My messages" section.

You can also call the following number: +33 (0) 1 30 46 37 61.

Article 9 Right of withdrawal for distance sales

In accordance with the provisions of article L 221-18 of the Consumer Code, the customer has the possibility of withdrawing for a period of 14 days from the date of delivery, without having to justify his decision or to bear penalties.

To exercise the right of withdrawal, the customer can use the standard withdrawal form, or make any unambiguous declaration indicating his intention to return the Product to ESW BEAUTY, in particular by contacting ESW BEAUTY by post or email, or by logging in on "My Account" section "Contact us - After Sales Service".

ESW BEAUTY – ZA de la Prévôté – rue des côtes d’Orval – 78550 Houdan – FRANCE

ESW BEAUTY will acknowledge receipt of the withdrawal by email. The customer must then return the Products to ESW BEAUTY, at the latest within fourteen (14) days following his decision to withdraw, by La Poste to the following address:

ESW BEAUTY – ZA de la Prévôté – rue des côtes d’Orval – 78550 Houdan – FRANCE

Return costs are the responsibility of the Customer (with the exception of a defective Product upon receipt, or an error by ESW BEAUTY when sending the Product).

Download the withdrawal form

The refund, including the delivery costs (except, however, the additional costs if the customer has expressly chosen a more expensive delivery method than the standard delivery method), will be made within 14 days from the date on which ESW BEAUTY is informed of the customer's decision to withdraw. In accordance with the law, the reimbursement may be deferred until the recovery of the product or until the customer has provided proof of shipment of this product, the date retained being that of the first of these facts.

The product must be returned in perfect condition, in its original packaging (which will have been opened beforehand to allow discovery and testing of the product), with all accessories and instructions for use in order to allow the product to be re-marketed.

The right of withdrawal must in no case allow a customer to use a product for an objective other than that of discovering and testing the product to verify that it corresponds to his expectations.

The customer may be held liable for any depreciation of the product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the product.

By way of example, a product used with more than 10 flashes emitted (the internal counter being proof), cannot be considered as new and, under its responsibility, the customer may be refused reimbursement for this product.

Article 10 – Applicable law

These general conditions of sale and the contracts concluded within their framework are governed by French law.

In the event of a dispute relating to the formation, execution, interpretation, termination and resolution of a sales contract with a customer, the customer may resort to conventional mediation by contacting the MEDICYS mediation centre: https://app.medicys.fr/?proId=87dd9833-046e-4b9b-bab1-d1c857019944 or by post: MEDICYS - 73 Boulevard de Clichy - 75009 Paris.

The customer must, however, justify having tried, beforehand, to resolve his dispute directly with ESW BEAUTY by a written complaint duly motivated, sent by ordinary mail or from the customer's account under the heading “contact us and after-sales service”:

ESW BEAUTY

ZA de la Prévôté

Rue des côtes d’Orval

78550 Houdan

In addition, the European Commission has set up a platform for online dispute resolution at http://ec.europa.eu/consumers/odr/.

In all cases, the customer may bring an action before the jurisdiction with territorial jurisdiction under the Code of Civil Procedure or the jurisdiction of the place where he was living at the time of the conclusion of the contract or the occurrence of the harmful event.

Article 11 Compliance

The products offered for sale on the site of the company ESW BEAUTY comply with French regulations. ESW BEAUTY cannot guarantee that the products offered comply with foreign regulations. Consequently, in the event that the customer is not a French resident, it is up to him, under his sole responsibility, to verify the conformity of the products with the national regulations applicable to him.

Article 12 Legal guarantee

All the Products for sale on the ESW BEAUTY Website benefit from the legal guarantee of conformity (articles L217-1 and following of the Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code), allowing the return of defective or non-compliant Products delivered.

There is a period of two years from the delivery of the Product to act in application of the legal guarantee of conformity. In this case, you can choose between the repair or replacement the Product, subject to the cost conditions provided for in article L217-9 of the Consumer Code. You are exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four (24) months following delivery of the Product. It is recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted to you by the manufacturer or ESW BEAUTY. In addition, you can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, you will be able to choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

 

- Article L217-4 of the Consumer Code: The seller delivers goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.

- Article L217-5 of the Consumer Code: The good complies with the contract:
1. If it is suitable for the use usually expected of a similar good and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2. Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

- Article L217-12 of the Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the goods.

- Article L217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a restoration covered by the warranty, any downtime of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

- Article 1641 of the Civil Code: The seller is bound by the guarantee for the hidden defects of the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired, or would have given a lower price, if he had known them.

- Article 1648 al 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

The legal guarantees described above can be exercised with ESW BEAUTY by writing to the address below or from the customer's account in the “contact us and after-sales service” section:

ESW BEAUTY

ZA de la Prévôté

Rue des côtes d’Orval

78550 Houdan

The ESW BEAUTY after-sales service is the only one authorized to repair equipment and products under warranty.

The product will be replaced or repaired by the company ESW BEAUTY within 30 days of receipt of non-compliant products or with hidden defects ESW BEAUTY. In the event of a hidden defect in the product (which renders it unfit for the use for which it is intended, or which reduces this use so much that the customer would not have acquired it, or would have given only a lower price, if he had known it) the customer could be reimbursed for the product. Reimbursement will also be offered in the event of a non-conforming product that cannot be replaced or repaired within the 30-day period, or if the replacement or repair presents a major inconvenience for the customer, and except minor non-conformity. The refund will be made within 30 days of receipt of the returned product.

In the event that the non-conformity or the hidden defect of the product is recognized, the return costs will be reimbursed to the customer and the return costs will be borne by ESW BEAUTY.

Any warranty is excluded in the event of defects and deterioration resulting from external events, accidents, in particular electrical accidents, wear and tear, installation and use not in accordance with the instructions appearing in the manual attached to the product. 'ESW BEAUTY will be able to prove it.

Products which ESW BEAUTY can prove to have been modified, repaired, integrated or added by the customer or any other unauthorized person are also excluded from warranty.

Article 13 Intellectual property

All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the site www.eflash.fr or www.e-swin.com are protected by copyright, trademark law, patent law and image rights. They are the exclusive property of ESW BEAUTY.

As such and in accordance with the provisions of the Intellectual Property Code, no use, other than private, is authorized, subject to different or even more restrictive provisions of the intellectual property code.

The creation of a hypertext link to the site www.eflash.fr or www.e-swin.com, using the technique known as deep linking, is strictly prohibited.

Any other use constitutes an infringement and punishable under Intellectual Property without prior authorization from ESW BEAUTY.

Any total or partial reproduction of the ESW BEAUTY catalogue is strictly prohibited.

Article 14 Liability

ESW BEAUTY cannot be held liable for any damage of any kind, whether material, immaterial or bodily, which could result from use that does not comply with the instructions in the user manual or from the misuse of one or more products sold.

In accordance with the law, the responsibility of ESW BEAUTY will, in any case, be limited to direct and foreseeable damage.

E-SWIN cannot be held responsible for the non-performance of the contract concluded in the event of force majeure, or for the unforeseeable and insurmountable fact of a third party to the contract.

Article 15 Personal information

ESW BEAUTY undertakes not to disclose to third parties the information communicated by customers on the site. These are confidential. They will only be used by its internal services for order processing and to strengthen and personalize communication, in particular through newsletters / emails as well as part of the personalization of the site according to the preferences observed by users.

This article cannot prevent the sale or transfer of activities to a third party.

In accordance with the Data Protection Act of January 6, 1978, the customer can exercise his right of access to the file and his right to rectify or delete information concerning him by sending his request to ESW BEAUTY.

The customer has the right to register on the list of opposition to canvassing (information relating to this device on the site http://www.bloctel.gouv.fr/).

Article 16 Modification of the general conditions of sale

ESW BEAUTY reserves the right to modify the general conditions of sale. Any new version of these will be announced in advance on the site. The general conditions of sale thus modified will apply to any new transaction carried out from the date on which they take effect. Only the latest version of the general online sales conditions on the date of the order, on the ESW BEAUTY site is applicable to contractual relations.

In the event that any of the terms of the general conditions of sale would be considered illegal or unenforceable by a court decision, the other provisions will remain in force.

Article 17 Archiving of evidence

Order forms and invoices are archived on a reliable and durable medium constituting, in accordance with the provisions of article 1379 of the civil code, a faithful copy. The information recorded by the ESW BEAUTY system and by the secure payment system of the ESW BEAUTY bank will be considered by the parties as proof of all the transactions between the parties, unless proven otherwise.

 

 

Right of withdrawal

(For "consumer" customers, namely persons acting for purposes that do not fall within the scope of their commercial, industrial, or liberal activity)

If you wish to withdraw from your order, please complete this form and return it, within 14 days from the date of receipt of the product, to the following address:

ESW BEAUTY

Rue des cotes d’Orval

ZA de la Prévoté

78550 Houdan

For the attention of ESW BEAUTY, ZA de la Prévoté, Rue des cotes d'Orval, 78550 Houdan

I, the undersigned (first name, last name): ..............................................................................................

Aderess: ...................................................................................................................................

Post Code: ...................... City: ...........................................................................................................

Hereby notify ESW Beauty of my intention of withdrawal from the contract for the sale of the property below:

Order information: .........................................................................................................................

Order reference: ....................................................................................................

Product ordered: ...........................................................................................................

 

Date and signature

 

 

 

 

 

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