Version of February 1, 2023
These General Conditions of Sale (hereinafter referred to as “CGV”) exclusively govern the contractual relations between the company
Version of February 1, 2023
These General Conditions of Sale (hereinafter referred to as “CGV”) exclusively govern the contractual relations between the company QAMAR COLLECTION, whose head office is located at 19 Rue Albert Rémy, 91130 Ris-Orangis, and its consumer customers ( hereinafter referred to as “the Buyer”).
They take precedence over any general purchasing conditions of the Buyer and more generally over any document issued by the Buyer.
The online sale of Products presented on the Site is open to Buyers wishing to have them delivered to the following countries: Metropolitan France (including Corsica), Martinique, Reunion Island, Mayotte, French Guiana, Saint Barthélémy, Guadeloupe, Martinique, Saint Martin, Saint Pierre and Miquelon, Luxembourg, Switzerland, Belgium, Great Britain, Germany.
When confirming their order on the Site, the Buyer will be invited to accept these General Terms and Conditions by checking the box “I have read and accept the general conditions of sale” or validated at the time of purchase TO VALIDATE ). In the absence of unreserved adherence and acceptance by the Buyer of all the provisions of these General Terms and Conditions, no order can be placed.
1. DEFINITIONS
Buyer: means any natural person who acts for purposes which do not fall within the scope of their commercial, industrial, artisanal, liberal or agricultural activity as well as any legal entity which does not act for professional purposes, having created an Account and accepted these General Terms and Conditions.
Account: refers to the account created by the Buyer via the Site https://qamar-collection.fr/
Order: refers to the Products ordered by the Buyer.
Personal data : refers to any information relating to a natural person which allows them to be identified directly or indirectly.
Product: designates all the products offered for sale by https://qamar-collection.fr/
Price: designates the price all taxes included (TTC) offered by for the Product concerned, https://qamar-collection.fr/ to which various costs may be added such as delivery costs.
Site: designates the website of the https://qamar-collection.fr/ available at the address https://qamar-collection.fr/ . : designates the company QAMAR COLLECTION whose head office is located at POSTAL ADDRESS
User: refers to any visitor to the Site, professional or individual, customer or not of https://qamar-collection.fr/
2. PURPOSE
The purpose of these General Terms and Conditions is to define the rights and obligations of the Parties in the context of the sale of the Products offered by the company QAMAR COLLECTION to the Buyer.
They are communicated to the Buyer upon validation of their Order and are freely accessible to any user of the Site.
They are applicable as soon as they are put online on the Site and are enforceable against the Buyer as soon as they are accepted.
They take precedence over any other document, and in particular over any general conditions of purchase.
These General Terms and Conditions only concern purchases made by Buyers located in Metropolitan France, Martinique, Reunion Island, Mayotte, French Guiana, Saint Barthélémy, Guadeloupe, Martinique, Saint Martin, Saint Pierre and Miquelon, Luxembourg, Switzerland, Belgium, Great Britain, Germany (to be adapted) and delivered exclusively to these territories.
QAMAR COLLECTION reserves the right to modify its General Terms and Conditions from time to time.
QAMAR COLLECTION will make the latest version of the General Terms and Conditions available to the Buyer on the Site and will provide him with a copy of this version if the Buyer requests it.
3. CUSTOMER ACCOUNT
Any Buyer wishing to place an order on the Site must have an Account.
In order to open an Account on the Site, the Buyer will provide certain information (last name, first name, company, postal and e-mail address, telephone number, etc.) and must choose a password.
The Buyer will receive confirmation by email of https://qamar-collection.fr/ containing the summary and confirmation of the creation of your Account.
The Buyer's password is both confidential and personal and used under his sole responsibility.
Any action and/or connection and/or Order carried out and/or placed with this password is deemed to be carried out by the Buyer. In the event of loss of his password, the Buyer must notify https://qamar-collection.fr/ without delay, and complete the password modification procedure offered on the Site.
4. ORDER
4.1 Order placed by the Buyer
Any Order must be placed by the Buyer on the Site.
To place an order on the Site, the Buyer adds the Products he wishes to order to his shopping cart.
By clicking on the “YOUR BASKET” icon, a summary of their Order as well as the Price all taxes included (TTC) of the Product they wish to order will appear on the screen.
To place their Order, the Buyer will be asked to identify themselves if they have not done so previously or, if they do not already have an Account, to create one. In the latter case, the Buyer must provide their postal address and telephone number.
After identifying himself, the Buyer must provide, if he has not previously indicated them or if he wishes to modify them, his postal and telephone contact details. He can then indicate the country and postal code in which he wishes to be delivered. It being specified that the Buyer may indicate a delivery address different from the billing address.
Depending on the designated Country and the postal code indicated, several delivery options will be offered.
The Buyer will then choose the delivery method they want and depending on this choice, the Total Price of their Order will appear on the screen.
He will then choose the payment method he wishes and a summary of his Order will then appear on the screen.
The Buyer must then pay for their Order and then click on the validation icon to finalize their Order.
The “validation click” constitutes an electronic signature.
This electronic signature has, between the parties, the same value as a handwritten signature.
Any validation click constitutes an irrevocable commitment by the Buyer which cannot be called into question.
Once the Order is validated, QAMAR COLLECTION sends the Buyer by e-mail to the address provided by the latter, a summary of his Order.
The Buyer has access, from his Account, to the history of his Orders and can in particular follow their progress (preparation, delivery, etc.).
4.2 Order Modification
The Buyer has the possibility, before shipping his Order, to modify his Order.
To do this, he must contact QAMAR COLLECTION customer service either by e-mail at Qamar.collection.fr@gmail.com or by telephone at 0.64.64.84.41, in order to express his desire to modify his order.
If the Order is being prepared, he will then have the possibility of modifying it. Once his Order has been modified, he will receive an e-mail from QAMAR COLLECTION summarizing his modified Order.
In the event that the amount of the modified Order is lower than that of the initial Order, QAMAR COLLECTION will reimburse the difference to the Buyer within fourteen (14) days following the modification of the Order.
In the event that the amount of the modified Order is greater than that of the initial Order, the Buyer must pay the difference under the same conditions as those provided for the initial Order.
The modification of the Order will be the subject of a confirmation e-mail by QAMAR COLLECTION, sent to the e-mail address indicated by the Buyer when validating his modified Order.
4.3 Refusal of Order
The company QAMAR COLLECTION reserves the right to refuse any Order in the event of:
– Exceeding the indicated Order limits;
– Existing dispute with the Buyer;
– Total or partial non-payment of a previous Order by the Buyer;
– Refusal of authorization for payment by bank card from payment organizations;
– Abnormal nature of the latter, particularly in the event of an Order for quantities and/or amounts unusual for an end consumer.
5. PRODUCTS
5.1 Product Information
The information contained in catalogs and various electronic media (electronic documentation, interactive catalog, Site, newsletter, management notices, notices and advertising documents) is as accurate as possible but is given for purely indicative purposes and may be modified. at any time and without notice.
The photographs illustrating the Products on the Site do not fall within the contractual scope. Also, QAMAR COLLECTION cannot be held liable under any circumstances if errors or alterations resulting from the processing of these photographs are introduced. Gift cards are multiple-use vouchers within the meaning of c of 3 of article 256 ter of the CGI (TO BE PUT ONLY IF A GIFT CARD ON SITE).
5.2 Availability of Products
The Products are offered on the Site while stocks last.
In the event of unavailability of a Product ordered by the Buyer, QAMAR COLLECTION will inform the Buyer as soon as possible and will indicate, if possible, the date on which the Product will be available again. The Buyer will then have the option of obtaining a refund for the unavailable Product, modifying their Order or, when this deadline is communicated to them, waiting until the Product is available again.
It being specified that in the event of cancellation of the Order for the Product concerned, the Buyer will be reimbursed for the value of this Product by QAMAR COLLECTION.
6. PRICES AND BILLING
Prices are expressed in euros and, unless otherwise stipulated, are inclusive of all taxes (TTC).
If the Buyer does not provide an intra-community value added tax (hereinafter referred to as “VAT”) number, VAT is invoiced by QAMAR COLLECTION according to the tax provisions in force on the day of invoicing. It being specified that the applicable VAT is that of the country of delivery of the Product.
For orders placed in Switzerland, the price is expressed and calculated excluding taxes (HT).
Prices are subject to change at any time by QAMAR COLLECTION.
The price guaranteed to the Buyer is that displayed on the Site at the time of placing the Order.
The prices indicated do not include participation in delivery costs, which will be invoiced additionally and indicated in the Order confirmation and invoice sent to the Buyer.
They also do not include any other additional costs (gift wrapping, etc.).
The Buyer undertakes to pay the Price stipulated for the Product ordered on the Site and any additional costs (transport) as well as to pay or have paid, where applicable, directly to the forwarder or carrier, the rights customs duties, VAT or other taxes due upon importation of the Product into the country of the place of delivery and in particular Switzerland and the overseas territories and departments.
Once the Order has been validated, QAMAR COLLECTION . provides the Buyer with an invoice relating to their Order which is freely accessible on their Account.
It being specified that when delivery is made outside mainland France, a paper copy of this invoice will be provided to the Buyer upon delivery of their Order.
7. PAYMENT METHODS
The Order being an order with an obligation to pay, the placing of the Order implies a cash payment from the Buyer.
Payments will be made exclusively online by credit card, through a secure system which uses the SSL (Secure Soket Layer) protocol so that the information transmitted is encrypted by software and no third party can take it. knowledge during transmission over the network.
The payment of the Order cannot under any circumstances be the subject of any compensation with any sum owed by QAMAR COLLECTION . to the Buyer.
The credit card will be debited following validation of the Order. It being specified that in the event of split delivery of the Order, the amount of the Order will be debited in full upon validation.
8. DELIVERY
8.1 Delivery times
Delivery times will be indicated to the Buyer when placing the Order.
They are counted in working days from the date of validation of the Order, as long as the address of the Order has been correctly entered.
– Metropolitan France (including Corsica)
Delivery by Colissimo France, delivered against signature: 2 to 3 working days.
Delivery to Post Office, delivered against signature: 2 to 3 working days.
– Overseas
Delivery by Colissimo, delivered against signature at home: 7 to 11 working days.
– European Union and Switzerland
Delivery by Colissimo International (European Union and Switzerland), delivered against signature: 5 to 6 working days.
– International (outside the European Union and Switzerland)
Delivery by Colissimo International (outside the European Union and Switzerland), delivered against signature at home: 5 to 6 working days
It being specified that for delivery to these countries, customs fees may be impacted by the Buyer. The amount of these customs fees is set by the customs authorities and that QAMAR COLLECTION . cannot under any circumstances be held responsible for the payment of this tax when sending the Order to the Buyer, the payment of this tax must have been paid by the Buyer so that he can receive his Order.
No refund, or any other compensation, may be requested from QAMAR COLLECTION . by the Buyer due to the absence of delivery resulting from non-payment of this tax by the Buyer.
8.2 Delivery terms
Delivery means the transfer to the Buyer of physical possession or control of the Product.
The Products ordered will be delivered to the address indicated by the Buyer when placing the Order. The Buyer must ensure its accuracy.
Any package returned to QAMAR COLLECTION . due to an incorrect or incomplete delivery address, or when the Buyer has not collected his Order from the collection point he indicated within the time limit given to him, will be reshipped at the expense of the Buyer. It being specified that the reshipping costs will be communicated by QAMAR COLLECTION . to the Buyer and may differ from the initial delivery costs for which the Buyer could have benefited from a reduction.
Delivery costs are the responsibility of the Buyer and are communicated to them when choosing the delivery method for their Order.
The carrier's delivery slip, signed by the Buyer, will constitute proof of delivery of the Product.
Except in cases of force majeure or during closing periods clearly announced by QAMAR COLLECTION . the Products are shipped within seven 7 days following the date of registration of the Order, indicated on the Order summary email sent to the Buyer.
The risk of loss or damage is transferred to the Buyer upon delivery of the goods to the carrier.
If the indicated deadline is exceeded, or, failing that, beyond 30 days after the conclusion of the Order, the Buyer may terminate the sales contract with QAMAR COLLECTION . under the conditions provided for in article L.138-2 of the Consumer Code if, after written request from the Buyer sent by e-mail to QAMAR COLLECTION at the e-mail address Qamar.collection.fr@gmail.com, the latter did not deliver the Product within a reasonable additional time.
The Buyer could immediately terminate the contract if QAMAR COLLECTION . were to refuse to deliver the goods or if it did not fulfill its obligation to deliver the goods within the reasonable additional period and the date or period indicated constitutes an essential condition of the contract having been brought to the attention of QAMAR COLLECTION . during the order.
In the event of termination of contract, QAMAR COLLECTION . will reimburse the undelivered Products and related costs to the Buyer within 14 (fourteen) days following the date of termination of said contract.
It is up to the Buyer to check the Products ordered upon delivery, in particular the quantity, quality, weight, dimensions, content, conformity and condition of the Product. If he notices anomalies, he must issue, upon delivery to the delivery person, handwritten, precise and dated reservations, describing the defects observed. These reservations must also be sent to QAMAR COLLECTION . within twenty four (24) hours by email Qamar.collection.fr@gmail.com with mention of the order number accompanied by photographs illustrating the defects observed.
In the absence of reservation expressed in these conditions, the delivery will be deemed to be compliant.
The Buyer must keep the packaging and the delivery note of the delivered Product. In the event of an error on the Product, the Buyer may return the Product concerned according to the terms and conditions described in article 13.
9. RESERVATION OF OWNERSHIP
The transfer of ownership of the Product only takes place upon receipt of full payment of the Price.
In the event of default or late payment of the Price, QAMAR COLLECTION . reserves the right to claim restitution of the delivered Product.
The Buyer undertakes to return the delivered Product for which payment is missing, at his expense, at the first request of QAMAR COLLECTION . .
10. GUARANTEES
10.1 Commercial guarantee
The Products are declared to comply with the various European standards in force by the Responsible Person, in accordance with European Regulation No. 1223/2009 on Cosmetic Products.
Warranties on goods sold by QAMAR COLLECTION . are those given by the Responsible Person, whose name and address appear on the said goods. They are sent to the Buyer with the Product upon delivery.
10.2 Guarantee against hidden defects
Regardless of the commercial guarantee, QAMAR COLLECTION . guarantees the Buyer against any hidden defect, resulting from a design defect of the Product, to the exclusion of any negligence or fault of the Buyer in application of articles 1641 et seq. of the Civil Code (reproduced below).
The action to guarantee hidden defects must be brought by the Buyer within two (2) years from the discovery of the defect.
The Buyer may choose between canceling the sale or reducing the sale price.
Article 1641 of the Civil Code:
“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, yes which reduces this use so much that the buyer would not have acquired it, or He would have given only a lower price if he had known about them. ".
Article 1644 of the Civil Code:
“(…) the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price returned, as will be arbitrated by experts”.
Article 1648 paragraph 1 of the Civil Code:
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. ".
10.3 Legal guarantee of conformity
QAMAR COLLECTION . is also guarantor, with regard to the Buyer, of the conformity of the Products allowing him to formulate a request under the legal guarantee of conformity under articles L.217-4 et seq. of the Consumer Code (hereinafter (reproduced below).
The Buyer has a period of two (2) years from delivery of the Product to formulate his request under the legal guarantee of conformity. He must send this written request, by registered mail with acknowledgment of receipt to QAMAR COLLECTION . .
The Buyer may choose between repairing or replacing the goods, subject to the cost conditions provided for by article L.217-9 of the Consumer Code.
Furthermore, in accordance with article L.212-7 of the Consumer Code, the Buyer is exempt from providing proof that the non-conformity was present at the time of delivery if the defect occurs within twenty-four ( 24) months following delivery of the goods.
Article L.217-4 of the Consumer Code:
“The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »
Article L.217-5 of the Consumer Code:
“The property complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
– if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents 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 L.217-12 of the Consumer Code:
“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »
Article L.217-16 of the Consumer Code:
“When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period.
This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention. »
11. PRODUCT SAFETY FAILURE
In the event of damage caused by a safety defect in the Product, the Buyer must seek liability from the Person responsible, whose name and address are mentioned on the Product packaging.
12. SUSPENSION – RESOLUTION.
In the event of non-compliance by the Buyer with any of its obligations, particularly in the event of total or partial failure to pay when due, QAMAR COLLECTION . reserves the right, without prior notice, to suspend delivery of the Product under the Order executed or in progress and/or to suspend the execution of its obligations, without compensation, and without prejudice to the exercise of its possible rights of appeal.
In addition, if forty-eight hours after a formal notice by registered mail with request for acknowledgment of receipt, this remains unsuccessful, all agreements concluded with the Buyer may be terminated automatically without payment of compensation to the Buyer by QAMAR COLLECTION . , who may request, in particular in summary proceedings, the return of the goods.
In all the cases mentioned above, and since QAMAR COLLECTION . does not opt for the resolution of the agreements, all the unmatured receivables of QAMAR COLLECTION . will become immediately due and the Buyer will be required to immediately return the unpaid goods. Made it for QAMAR COLLECTION . not relying on a contractual breach by the Buyer does not mean renouncing the right to rely on it for the future.
13. RIGHT OF WITHDRAWAL
In accordance with article L. 221-18 of the Consumer Code, the Buyer has a period of 14 (fourteen) days from the day of receipt of the package containing the Products ordered, to exercise his legal right of withdrawal. without having to justify his decision.
In accordance with article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for orders relating to:
- the supply of goods which have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection,
- the supply of goods made to the consumer's specifications or clearly personalized (in particular services relating to the “engraving workshop” cannot be subject to the right of withdrawal).
These provisions apply without prejudice to the guarantees provided for in article 7 of these General Terms and Conditions which remain fully applicable.
The Buyer exercising his right of withdrawal under the conditions provided for in this article in terms of time and conditions for returning the products, may obtain a refund of the returned products as well as the delivery costs (at the standard cost) of the order, in accordance with in article L221-24 of the Consumer Code. Reimbursement will be made according to the means of payment used for the initial transaction, unless the Buyer expressly agrees to another means of reimbursement.
To request a return, you can contact us via the form available on the site (OF CONTACT)
Return costs are the responsibility of the Buyer.
The Buyer undertakes to return the Products purchased in their original packaging and undertakes to take the greatest care when returning them.
The Buyer is held responsible for any damage caused during the return and will not be able to claim any compensation.
In the event that the Buyer notifies QAMAR COLLECTION . his desire to withdraw even before having received his package, the Buyer is informed that it is not technically possible for QAMAR COLLECTION . to block the shipment of products once the order has been validated. The Order will then be sent to the Buyer and the Buyer undertakes, in accordance with article L.221-23 of the Consumer Code, to return the products concerned within a maximum period of fourteen (14) days from of this information made to QAMAR COLLECTION .
General provisions applicable to all returns:
The products must be returned to QAMAR COLLECTION . in a condition suitable for new marketing (products in perfect condition accompanied by their original packaging, accessories, instructions, etc.) within fourteen (14) days from the date on which the Buyer informed QAMAR COLLECTION . of his intention to retract and at the latest within fourteen (14) days following their date of receipt. Returns of Products returned after this deadline will not be accepted.
If the Buyer has benefited from an offer against purchase on the Site, giving him the right, under conditions, to one or more product(s) offered in return for his order and, as a result of the exercise of his right of withdrawal, the latter is no longer eligible for the offer in question; the Buyer must then send the product(s) he wishes to return accompanied by the offered product(s) received in return for the order of the product(s). returned so that QAMAR COLLECTION . can take into account his request for withdrawal.
The Buyer may be held liable in the event of depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products.
The Buyer or recipient of the order who exercises his right of withdrawal must follow the following instructions:
- Use the original packaging to return the Product(s) concerned,
- Return the Product(s) concerned to the address which will be communicated to you on request by completing the form (VIA THIS LINK) .
If the Buyer or the recipient of the order does not demonstrate that he has actually ensured the deposit of the product with a carrier, any risk linked to the return of a Product is the responsibility of the Buyer or the recipient of the order. the command.
14. RESPONSIBILITY
All Products offered by QAMAR COLLECTION must be used in accordance with their instructions for use and taking all necessary precautions.
The Buyer assumes responsibility for choosing the Product he decides to order. Consequently, QAMAR COLLECTION cannot under any circumstances be held responsible for the unsuitability of the Product for the use made of it.
QAMAR COLLECTION cannot be held responsible for any damage, direct or indirect, material or immaterial, resulting from the use of a Product in a manner that does not comply with its instructions for use.
Apart from the cases mentioned above, QAMAR COLLECTION cannot be held liable if QAMAR COLLECTION demonstrates that the non-execution or poor execution of these General Conditions of Sale or of the Order is attributable either to the Buyer or to unforeseeable and insurmountable by a third party to the contract.
15. FORCE MAJEURE
Any circumstances beyond the control of the parties, preventing the execution under normal conditions of their obligations, are considered as causes of exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
Cases of force majeure are considered to be those usually retained by case law, namely: events of an irresistible and unforeseeable nature, beyond the control of the parties, against which they could not reasonably protect themselves and of which they would not have could only mitigate the consequences by incurring expenses out of proportion to the expectations of financial benefits.
In this respect, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks are expressly considered as cases of force majeure or fortuitous events. or difficulties specific to telecommunications networks external to Buyers.
The Parties will come together to examine the impact of the event and agree on the conditions under which execution of the contract will be continued. If the force majeure lasts for more than three months, these General Terms and Conditions may be terminated by the injured party.
16. INTELLECTUAL PROPERTY
The content of the Site and all the elements which compose it, in particular in the form of texts, photographs, images, icons, sounds, videos, software, database or data is the property of QAMAR COLLECTION and is protected by international rules and French intellectual property rights.
Consequently, any reproduction, representation, modification, transmission, publication, adaptation or exploitation of elements over which QAMAR COLLECTION has intellectual property rights, on any medium whatsoever and in any manner whatsoever, carried out without written authorization and prior to QAMAR COLLECTION , is strictly prohibited.
The non-substantial reproduction or representation of elements over which QAMAR COLLECTION has intellectual property rights is authorized for strictly private and non-commercial purposes.
The authorized reproduction of elements over which QAMAR COLLECTION has intellectual property rights must clearly indicate the source and the name of the author of the reproduced content.
QAMAR COLLECTION reserves the right to take civil and criminal legal action, in France and abroad, particularly for counterfeiting, against any person who, directly or indirectly, has infringed its rights.
17. PERSONAL DATA
During his Order, the Buyer may be required to communicate personal information concerning him.
QAMAR COLLECTION strives to respect the information submitted by the Buyer under the conditions provided for in the Privacy and Personal Data Policy.
18. PARTIAL NON-VALIDATION
If one or more stipulations of these General Terms and Conditions are declared void, in application of a law, a regulation or following a final decision of a competent court, they will be deemed unwritten, without resulting in the nullity of the contract. all of these General Terms and Conditions by which QAMAR COLLECTION and the Buyer remain bound to each other.
If necessary, QAMAR COLLECTION and the Buyer undertake to negotiate in good faith the provisions necessary to replace the stipulations which may have been subject to cancellation or invalidation for any reason whatsoever.
19. MEDIATION
In the event of a dispute, the Buyer must first contact QAMAR COLLECTION customer service from Monday to Friday, except public holidays or public holidays, from 10:30 a.m. to 7:00 p.m. by email to the email address Qamar.collection.fr@gmail .com
In the event of failure of the complaint request to customer service or in the absence of a response from this service within two months, the Buyer may submit the dispute relating to the purchase order or these T&Cs opposing him to QAMAR COLLECTION to the Mediator of the Professional Federation of e-commerce and distance selling who will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
The Buyer may contact the aforementioned mediator either at the address http://www.mediateurfevad.fr , or at the following postal address:
FEVAD E-commerce Mediator Service, 60 rue la Boétie 75008 Paris
PLEASE NOTE THE COMPANY MUST JOIN THE MEDIATION COMPANY: IT IS MANDATORY
To submit his request for mediation, the Buyer has a complaint form accessible on the mediator's website . To find out how to contact the Mediator, click here . The parties to the contract remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
20. NON-WAIVER
The fact for one of the Parties not to take advantage of a failure by the other Party to fulfill any of the obligations referred to in these General Terms and Conditions cannot be interpreted for the future as a waiver of the obligation in cause.
The fact of a Party not claiming the application of any provision of these General Conditions of Sale or of tolerating their non-performance temporarily or permanently, cannot in any case be interpreted as a waiver by this Party. to exercise the rights it holds under these General Terms and Conditions.
The fact of a Party tolerating non-performance or imperfect performance of a contractual obligation referred to in these General Terms and Conditions or more generally of tolerating any act, abstention or omission of the other Party not in compliance with the contractual provisions cannot confer a right whatever to the party which benefits from such tolerance.
21. TITLE
The headings and subheadings appearing in these T&Cs are included for convenience only. By express agreement between QAMAR COLLECTION and the Buyer, these titles and subtitles cannot under any circumstances be used to interpret any provision whatsoever of these General Terms and Conditions. In the event of a contradiction between any of the article titles and any of the stipulations, the titles will be declared non-existent.
22. APPLICABLE LAW
These General Terms and Conditions and the Order are governed in their entirety by French law.
Any dispute relating to the conclusion, interpretation, execution or termination of these General Conditions of Sale will be the subject of a search for an amicable agreement.
Any dispute which arises between the Parties as a result of the conclusion, interpretation or execution of these general conditions of sale will be exclusively resolved by the competent Courts of Paris.
These General Terms and Conditions are written in French. In the event that they have been translated into one or more foreign languages and in the event of a dispute, only the text written in French will be authentic between the Parties.
, whose head office is located at 19 Rue Albert Rémy, 91130 Ris-Orangis, and its consumer customers (hereinafter referred to as “the Buyer”).
They take precedence over any general conditions of purchase of the Buyer and more generally over any document issued by the Buyer.
The online sale of Products presented on the Site is open to Buyers wishing to have them delivered to the following countries: Metropolitan France (including Corsica), Martinique, Reunion Island, Mayotte, French Guiana, Saint Barthélémy, Guadeloupe, Martinique, Saint Martin, Saint Pierre and Miquelon, Luxembourg, Switzerland, Belgium, Great Britain, Germany.
When confirming their order on the Site, the Buyer will be invited to accept these General Terms and Conditions by checking the box “I have read and accept the general conditions of sale” or validated at the time of purchase TO VALIDATE ). In the absence of unreserved adherence and acceptance by the Buyer of all the provisions of these General Terms and Conditions, no order can be placed.
1. DEFINITIONS
Buyer: means any natural person who acts for purposes which do not fall within the scope of their commercial, industrial, artisanal, liberal or agricultural activity as well as any legal entity which does not act for professional purposes, having created an Account and accepted these General Terms and Conditions.
Account: means the account created by the Buyer via the Site https://qamar-collection.fr/
Order: designates the Products ordered by the Buyer.
Personal data : refers to any information relating to a natural person which allows them to be identified directly or indirectly.
Product: designates all the products offered for sale by https://qamar-collection.fr/
Price: refers to the price including all taxes (TTC) offered by https://qamar-collection.fr/ for the Product concerned, to which various costs may be added such as delivery costs.
Site: designates the website of the https://qamar-collection.fr/ available at https://qamar-collection.fr/ : designates the company QAMAR COLLECTION whose head office is located at POSTAL ADDRESS
User: refers to any visitor to the Site, professional or individual, customer or not of https://qamar-collection.fr/
2. PURPOSE
The purpose of these General Terms and Conditions is to define the rights and obligations of the Parties in the context of the sale of the Products offered by the company QAMAR COLLECTION to the Buyer.
They are communicated to the Buyer upon validation of their Order and are freely accessible to any user of the Site.
They are applicable as soon as they are put online on the Site and are enforceable against the Buyer as soon as they are accepted.
They take precedence over any other document, and in particular over any general conditions of purchase.
These General Terms and Conditions only concern purchases made by Buyers located in Metropolitan France, Martinique, Reunion Island, Mayotte, French Guiana, Saint Barthélémy, Guadeloupe, Martinique, Saint Martin, Saint Pierre and Miquelon, Luxembourg, Switzerland, Belgium, Great Britain, Germany (to be adapted) and delivered exclusively to these territories.
QAMAR COLLECTION reserves the right to modify its General Terms and Conditions from time to time.
QAMAR COLLECTION will make the latest version of the General Terms and Conditions available to the Buyer on the Site and will provide him with a copy of this version if the Buyer requests it.
3. CUSTOMER ACCOUNT
Any Buyer wishing to place an order on the Site must have an Account.
In order to open an Account on the Site, the Buyer will provide certain information (last name, first name, company, postal and e-mail address, telephone number, etc.) and must choose a password.
The Buyer will receive a confirmation by e-mail from https://qamar-collection.fr/ containing the summary and confirmation of the creation of their Account.
The Buyer's password is both confidential and personal and used under his sole responsibility.
Any action and/or connection and/or Order carried out and/or placed with this password is deemed to be carried out by the Buyer. In the event of loss of his password, the Buyer must notify QAMAR COLLECTION without delay, and complete the password modification procedure proposed on the Site.
4. ORDER
4.1 Order placed by the Buyer
Any Order must be placed by the Buyer on the Site.
To place an order on the Site, the Buyer adds the Products he wishes to order to his shopping cart.
By clicking on the “YOUR BASKET” icon, a summary of their Order as well as the Price all taxes included (TTC) of the Product they wish to order will appear on the screen.
To place their Order, the Buyer will be asked to identify themselves if they have not done so previously or, if they do not already have an Account, to create one. In the latter case, the Buyer must provide their postal details and telephone number.
After identifying himself, the Buyer must provide, if he has not previously indicated them or if he wishes to modify them, his postal and telephone contact details. He can then indicate the country and postal code in which he wishes to be delivered. It being specified that the Buyer may indicate a delivery address different from the billing address.
Depending on the designated Country and the postal code indicated, several delivery options will be offered.
The Buyer will then choose the delivery method they want and depending on this choice, the Total Price of their Order will appear on the screen.
He will then choose the payment method he wishes and a summary of his Order will then appear on the screen.
The Buyer must then pay for their Order and then click on the validation icon to finalize their Order.
The “validation click” constitutes an electronic signature.
This electronic signature has, between the parties, the same value as a handwritten signature.
Any validation click constitutes an irrevocable commitment by the Buyer which cannot be called into question.
As soon as the Order is validated, QAMAR COLLECTION sends the Buyer by e-mail to the address provided by the latter, a summary of his Order.
The Buyer has access, from his Account, to the history of his Orders and can in particular follow their progress (preparation, delivery, etc.).
4.2 Order Modification
The Buyer has the possibility, before shipping his Order, to modify his Order.
To do this, he must contact QAMAR COLLECTION customer service either by e-mail at Qamar.collection.fr@gmail.com or by telephone at 06.64.64.84.41, in order to express his desire to modify his order.
If the Order is being prepared, he will then have the possibility of modifying it. Once his Order has been modified, he will receive an e-mail from QAMAR COLLECTION summarizing his modified Order.
In the event that the amount of the modified Order is lower than that of the initial Order, QAMAR COLLECTION will reimburse the difference to the Buyer within fourteen (14) days following the modification of the Order.
In the event that the amount of the modified Order is greater than that of the initial Order, the Buyer must pay the difference under the same conditions as those provided for the initial Order.
The modification of the Order will be the subject of a confirmation e-mail from QAMAR COLLECTION , sent to the e-mail address indicated by the Buyer when validating his modified Order.
4.3 Refusal of Order
The company QAMAR COLLECTION reserves the right to refuse any Order in the event of:
– Exceeding the indicated Order limits;
– Existing dispute with the Buyer;
– Total or partial non-payment of a previous Order by the Buyer;
– Refusal of authorization for payment by bank card from payment organizations;
– Abnormal nature of the latter, particularly in the event of an Order for quantities and/or amounts unusual for an end consumer.
5. PRODUCTS
5.1 Product Information
The information contained in catalogs and various electronic media (electronic documentation, interactive catalog, Site, newsletter, management notices, notices and advertising documents) is as accurate as possible but is given for purely indicative purposes and may be modified. at any time and without notice.
The photographs illustrating the Products on the Site do not fall within the contractual scope. Also, QAMAR COLLECTION cannot be held liable under any circumstances if errors or alterations resulting from the processing of these photographs are introduced. Gift cards are multiple-use vouchers within the meaning of c of 3 of article 256 ter of the CGI (TO BE PUT ONLY IF A GIFT CARD ON SITE).
5.2 Availability of Products
The Products are offered on the Site while stocks last.
In the event of unavailability of a Product ordered by the Buyer, QAMAR COLLECTION will inform the Buyer as soon as possible and will indicate, if possible, the date on which the Product will be available again. The Buyer will then have the option of obtaining a refund for the unavailable Product, modifying their Order or, when this deadline is communicated to them, waiting until the Product is available again.
It being specified that in the event of cancellation of the Order for the Product concerned, the Buyer will be reimbursed for the value of this Product by QAMAR COLLECTION .
6. PRICES AND BILLING
Prices are expressed in euros and, unless otherwise stipulated, are inclusive of all taxes (TTC).
If the Buyer does not provide an intra-community value added tax (hereinafter referred to as “VAT”) number, VAT is invoiced by QAMAR COLLECTION according to the tax provisions in force on the day of invoicing. It being specified that the applicable VAT is that of the country of delivery of the Product.
For orders placed in Switzerland, the price is expressed and calculated excluding taxes (HT).
Prices are subject to change at any time by QAMAR COLLECTION .
The price guaranteed to the Buyer is that displayed on the Site at the time of placing the Order.
The prices indicated do not include participation in delivery costs, which will be invoiced additionally and indicated in the Order confirmation and invoice sent to the Buyer.
They also do not include any other additional costs (gift wrapping, etc.).
The Buyer undertakes to pay the Price stipulated for the Product ordered on the Site and any additional costs (transport) as well as to pay or have paid, where applicable, directly to the forwarder or carrier, the rights customs duties, VAT or other taxes due upon importation of the Product into the country of the place of delivery and in particular Switzerland and the overseas territories and departments.
Once the Order has been validated, QAMAR COLLECTION provides the Buyer with an invoice relating to their Order which is freely accessible on their Account.
It being specified that when delivery is made outside mainland France, a paper copy of this invoice will be provided to the Buyer upon delivery of their Order.
7. PAYMENT METHODS
The Order being an order with an obligation to pay, the placing of the Order implies a cash payment from the Buyer.
Payments will be made exclusively online by credit card, through a secure system which uses the SSL (Secure Soket Layer) protocol so that the information transmitted is encrypted by software and no third party can take it. knowledge during transmission over the network.
The payment of the Order cannot under any circumstances be the subject of any compensation with any sum owed by QAMAR COLLECTION to the Buyer.
The credit card will be debited following validation of the Order. It being specified that in the event of split delivery of the Order, the amount of the Order will be debited in full upon validation.
8. DELIVERY
8.1 Delivery times
Delivery times will be indicated to the Buyer when placing the Order.
They are counted in working days from the date of validation of the Order, as long as the address of the Order has been correctly entered.
– Metropolitan France (including Corsica)
Delivery by Colissimo France, delivered against signature: 2 to 3 working days.
Delivery to Post Office, delivered against signature: 2 to 3 working days.
– Overseas
Delivery by Colissimo, delivered against signature at home: 7 to 11 working days.
– European Union and Switzerland
Delivery by Colissimo International (European Union and Switzerland), delivered against signature: 5 to 6 working days.
– International (outside the European Union and Switzerland)
Delivery by Colissimo International (outside the European Union and Switzerland), delivered against signature at home: 5 to 6 working days
It being specified that for delivery to these countries, customs fees may be impacted by the Buyer. The amount of these customs fees is set by the customs authorities and that QAMAR COLLECTION cannot under any circumstances be held responsible for the payment of this tax when sending the Order to the Buyer, the payment of this tax having to be been paid by the Buyer so that he can receive his Order.
No refund, or any other compensation, may be requested from QAMAR COLLECTION by the Buyer due to the lack of delivery resulting from non-payment of this tax by the Buyer.
8.2 Delivery terms
Delivery means the transfer to the Buyer of physical possession or control of the Product.
The Products ordered will be delivered to the address indicated by the Buyer when placing the Order. The Buyer must ensure its accuracy.
Any package returned to QAMAR COLLECTION due to an incorrect or incomplete delivery address, or when the Buyer has not collected his Order from the collection point he had indicated within the time limit given to him, will be reshipped at the Buyer's expense. It being specified that the reshipment costs will be communicated by QAMAR COLLECTION to the Buyer and may differ from the initial delivery costs for which the Buyer could have benefited from a reduction.
Delivery costs are the responsibility of the Buyer and are communicated to them when choosing the delivery method for their Order.
The carrier's delivery slip, signed by the Buyer, will constitute proof of delivery of the Product.
Except in cases of force majeure or during closing periods clearly announced by QAMAR COLLECTION, the Products are shipped within seven 7 days following the date of registration of the Order, indicated on the e-mail summary of the Order sent to the Buyer.
The risk of loss or damage is transferred to the Buyer upon delivery of the goods to the carrier.
If the indicated deadline is exceeded, or, failing that, beyond 30 days after the conclusion of the Order, the Buyer may terminate the sales contract with QAMAR COLLECTION under the conditions provided for in article L.138- 2 of the Consumer Code if, after written request from the Buyer sent by e-mail to QAMAR COLLECTION at the e-mail address Qamar.collection.fr@gmail.com, the latter has not delivered the Product within a reasonable additional time.
The Buyer could immediately terminate the contract if QAMAR COLLECTION were to refuse to deliver the goods or if it did not fulfill its obligation to deliver the goods within the reasonable additional period and the date or period indicated constitutes an essential condition of the contract having been brought to the attention of QAMAR COLLECTION during the Order.
In the event of termination of the contract, QAMAR COLLECTION will reimburse the undelivered Products and related costs to the Buyer within 14 (fourteen) days following the date of termination of said contract.
It is the Buyer's responsibility to check the Products ordered upon delivery and in particular the quantity, quality, weight, dimensions, content, conformity and condition of the Product. If he notices anomalies, he must issue, upon delivery to the delivery person, handwritten, precise and dated reservations, describing the defects observed. These reservations must also be sent to QAMAR COLLECTION within twenty-four (24) hours by e-mail Qamar.collection.fr@gmail.com with mention of the order number accompanied by photographs illustrating the defects observed.
In the absence of reservation expressed in these conditions, the delivery will be deemed to be compliant.
The Buyer must keep the packaging and the delivery note of the delivered Product. In the event of an error on the Product, the Buyer may return the Product concerned according to the terms and conditions described in article 13.
9. RESERVATION OF OWNERSHIP
The transfer of ownership of the Product only takes place upon receipt of full payment of the Price.
In the event of default or late payment of the Price, QAMAR COLLECTION reserves the right to demand restitution of the delivered Product.
The Buyer undertakes to return the delivered Product for which payment is missing, at his expense, at the first request of QAMAR COLLECTION .
10. GUARANTEES
10.1 Commercial guarantee
The Products are declared to comply with the various European standards in force by the Responsible Person, in accordance with European Regulation No. 1223/2009 on Cosmetic Products.
The guarantees on the goods sold by QAMAR COLLECTION are those given by the Responsible Person, whose name and address appear on the said goods. They are sent to the Buyer with the Product upon delivery.
10.2 Guarantee against hidden defects
Independently of the commercial guarantee, QAMAR COLLECTION guarantees the Buyer against any hidden defect, resulting from a design defect of the Product, to the exclusion of any negligence or fault of the Buyer in application of articles 1641 et seq. of the Civil Code (reproduced below).
The action to guarantee hidden defects must be brought by the Buyer within two (2) years from the discovery of the defect.
The Buyer may choose between canceling the sale or reducing the sale price.
Article 1641 of the Civil Code:
“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, yes which reduces this use so much that the buyer would not have acquired it, or He would have given only a lower price if he had known about them. ".
Article 1644 of the Civil Code:
“(…) the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price returned, as will be arbitrated by experts”.
Article 1648 paragraph 1 of the Civil Code:
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. ".
10.3 Legal guarantee of conformity
QAMAR COLLECTION also guarantees, with regard to the Buyer, the conformity of the Products allowing him to formulate a request under the legal guarantee of conformity under articles L.217-4 et seq. of the Consumer Code (reproduced below).
The Buyer has a period of two (2) years from delivery of the Product to formulate his request under the legal guarantee of conformity. He must send this written request, by registered mail with acknowledgment of receipt to QAMAR COLLECTION .
The Buyer may choose between repairing or replacing the goods, subject to the cost conditions provided for by article L.217-9 of the Consumer Code.
Furthermore, in accordance with article L.212-7 of the Consumer Code, the Buyer is exempt from providing proof that the non-conformity was present at the time of delivery if the defect occurs within twenty-four ( 24) months following delivery of the goods.
Article L.217-4 of the Consumer Code:
“The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »
Article L.217-5 of the Consumer Code:
“The property complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
– if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents 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 L.217-12 of the Consumer Code:
“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »
Article L.217-16 of the Consumer Code:
“When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period.
This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention. »
11. PRODUCT SAFETY FAILURE
In the event of damage caused by a safety defect in the Product, the Buyer must seek liability from the Person responsible, whose name and address are mentioned on the Product packaging.
12. SUSPENSION – RESOLUTION.
In the event of non-compliance by the Buyer with any of its obligations, particularly in the event of total or partial failure to pay when due, QAMAR COLLECTION reserves the right, without prior notice, to suspend delivery of the item. Product under the Order executed or in progress and/or to suspend the execution of its obligations, without compensation, and without prejudice to the exercise of its possible rights of recourse.
In addition, if forty-eight hours after a formal notice by registered mail with request for acknowledgment of receipt, this remains unsuccessful, all agreements concluded with the Buyer may be terminated automatically without payment of compensation to the Buyer by QAMAR COLLECTION , who may request, in particular in summary proceedings, the return of the goods.
In all the cases mentioned above, and as long as QAMAR COLLECTION does not opt for the resolution of the agreements, all unmatured debts of QAMAR COLLECTION will become immediately due and the Buyer will be required to immediately return the goods remaining unpaid. The fact that QAMAR COLLECTION does not take advantage of a contractual breach by the Buyer does not mean a waiver of taking advantage of it for the future.
13. RIGHT OF WITHDRAWAL
In accordance with article L. 221-18 of the Consumer Code, the Buyer has a period of 14 (fourteen) days from the day of receipt of the package containing the Products ordered, to exercise his legal right of withdrawal. without having to justify his decision.
In accordance with article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for orders relating to:
- the supply of goods which have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection,
- the supply of goods made to the consumer's specifications or clearly personalized (in particular services relating to the “engraving workshop” cannot be subject to the right of withdrawal).
These provisions apply without prejudice to the guarantees provided for in article 7 of these General Terms and Conditions which remain fully applicable.
The Buyer exercising his right of withdrawal under the conditions provided for in this article in terms of time and conditions for returning the products, may obtain a refund of the returned products as well as the delivery costs (at the standard cost) of the order, in accordance with in article L221-24 of the Consumer Code. Reimbursement will be made according to the means of payment used for the initial transaction, unless the Buyer expressly agrees to another means of reimbursement.
To request a return, you can contact us via the form available on the site (OF CONTACT)
Return costs are the responsibility of the Buyer.
The Buyer undertakes to return the Products purchased in their original packaging and undertakes to take the greatest care when returning them.
The Buyer is held responsible for any damage caused during the return and will not be able to claim any compensation.
In the event that the Buyer notifies QAMAR COLLECTION of his desire to withdraw even before having received his package, the Buyer is informed that it is not technically possible for QAMAR COLLECTION to block the shipment of the products once your order has been validated. The Order will then be sent to the Buyer and the Buyer undertakes, in accordance with article L.221-23 of the Consumer Code, to return the products concerned within a maximum period of fourteen (14) days from of this information made to QAMAR COLLECTION
General provisions applicable to all returns:
The products must be returned to QAMAR COLLECTION in a condition suitable for re-marketing (products in perfect condition accompanied by their original packaging, accessories, instructions, etc.) within fourteen (14) days from the date on which the The Buyer has informed QAMAR COLLECTION of his intention to withdraw and at the latest within fourteen (14) days following their date of receipt. Returns of Products returned after this period will not be accepted.
If the Buyer has benefited from an offer against purchase on the Site, giving him the right, under conditions, to one or more product(s) offered in return for his order and, as a result of the exercise of his right of withdrawal, the latter is no longer eligible for the offer in question; the Buyer must then send the product(s) he wishes to return accompanied by the offered product(s) received in return for the order of the product(s). returned so that QAMAR COLLECTION can take into account its withdrawal request.
The Buyer may be held liable in the event of depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products.
The Buyer or recipient of the order who exercises his right of withdrawal must follow the following instructions:
- Use the original packaging to return the Product(s) concerned,
- Return the Product(s) concerned to the address which will be communicated to you on request by completing the form (VIA THIS LINK) .
If the Buyer or the recipient of the order does not demonstrate that he has actually ensured the deposit of the product with a carrier, any risk linked to the return of a Product is the responsibility of the Buyer or the recipient of the order. the command.
14. RESPONSIBILITY
All Products offered by QAMAR COLLECTION must be used in accordance with their instructions for use and taking all necessary precautions.
The Buyer assumes responsibility for choosing the Product he decides to order. Consequently, QAMAR COLLECTION cannot under any circumstances be held responsible for the unsuitability of the Product for the use made of it.
QAMAR COLLECTION cannot be held responsible for any damage, direct or indirect, material or immaterial, resulting from the use of a Product in a manner that does not comply with its instructions for use.
Apart from the cases mentioned above, QAMAR COLLECTION cannot be held liable if QAMAR COLLECTION demonstrates that the non-execution or poor execution of these General Conditions of Sale or of the Order is attributable either to the Buyer or to unforeseeable and insurmountable by a third party to the contract.
15. FORCE MAJEURE
Any circumstances beyond the control of the parties, preventing the execution under normal conditions of their obligations, are considered as causes of exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
Cases of force majeure are considered to be those usually retained by case law, namely: events of an irresistible and unforeseeable nature, beyond the control of the parties, against which they could not reasonably protect themselves and of which they would not have could only mitigate the consequences by incurring expenses out of proportion to the expectations of financial benefits.
In this respect, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks are expressly considered as cases of force majeure or fortuitous events. or difficulties specific to telecommunications networks external to Buyers.
The Parties will come together to examine the impact of the event and agree on the conditions under which execution of the contract will be continued. If the force majeure lasts for more than three months, these General Terms and Conditions may be terminated by the injured party.
16. INTELLECTUAL PROPERTY
The content of the Site and all the elements which compose it, in particular in the form of texts, photographs, images, icons, sounds, videos, software, database or data is the property of QAMAR COLLECTION and is protected by international rules and French intellectual property rights.
Consequently, any reproduction, representation, modification, transmission, publication, adaptation or exploitation of elements over which QAMAR COLLECTION has intellectual property rights, on any medium whatsoever and in any manner whatsoever, carried out without written authorization and prior to QAMAR COLLECTION , is strictly prohibited.
The non-substantial reproduction or representation of elements over which QAMAR COLLECTION has intellectual property rights is authorized for strictly private and non-commercial purposes.
The authorized reproduction of elements over which QAMAR COLLECTION has intellectual property rights must clearly indicate the source and the name of the author of the reproduced content.
QAMAR COLLECTION reserves the right to take civil and criminal legal action, in France and abroad, particularly for counterfeiting, against any person who, directly or indirectly, has infringed its rights.
17. PERSONAL DATA
During his Order, the Buyer may be required to communicate personal information concerning him.
QAMAR COLLECTION strives to respect the information submitted by the Buyer under the conditions provided for in the Privacy and Personal Data Policy.
18. PARTIAL NON-VALIDATION
If one or more stipulations of these General Terms and Conditions are declared void, in application of a law, a regulation or following a final decision of a competent court, they will be deemed unwritten, without resulting in the nullity of the contract. all of these General Terms and Conditions by which QAMAR COLLECTION and the Buyer remain bound to each other.
If necessary, QAMAR COLLECTION and the Buyer undertake to negotiate in good faith the provisions necessary to replace the stipulations which may have been subject to cancellation or invalidation for any reason whatsoever.
19. MEDIATION
In the event of a dispute, the Buyer must first contact QAMAR COLLECTION customer service from Monday to Friday, except public holidays or public holidays, from 10:30 a.m. to 7:00 p.m. by email to the email address Qamar.collection.fr@gmail .com
In the event of failure of the complaint request to customer service or in the absence of a response from this service within two months, the Buyer may submit the dispute relating to the purchase order or these T&Cs opposing him to QAMAR COLLECTION to the Mediator of the Professional Federation of e-commerce and distance selling who will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
The Buyer may contact the aforementioned mediator either at the address http://www.mediateurfevad.fr , or at the following postal address:
FEVAD E-commerce Mediator Service, 60 rue la Boétie 75008 Paris
PLEASE NOTE THE COMPANY MUST JOIN THE MEDIATION COMPANY: IT IS MANDATORY
To submit his request for mediation, the Buyer has a complaint form accessible on the mediator's website . To find out how to contact the Mediator, click here . The parties to the contract remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
20. NON-WAIVER
The fact for one of the Parties not to take advantage of a failure by the other Party to fulfill any of the obligations referred to in these General Terms and Conditions cannot be interpreted for the future as a waiver of the obligation in cause.
The fact of a Party not claiming the application of any provision of these General Conditions of Sale or of tolerating their non-performance temporarily or permanently, cannot in any case be interpreted as a waiver by this Party. to exercise the rights it holds under these General Terms and Conditions.
The fact of a Party tolerating non-performance or imperfect performance of a contractual obligation referred to in these General Terms and Conditions or more generally of tolerating any act, abstention or omission of the other Party not in compliance with the contractual provisions cannot confer a right whatever to the party which benefits from such tolerance.
21. TITLE
The headings and subheadings appearing in these T&Cs are included for convenience only. By express agreement between QAMAR COLLECTION and the Buyer, these titles and subtitles cannot under any circumstances be used to interpret any provision whatsoever of these General Terms and Conditions. In the event of a contradiction between any of the article titles and any of the stipulations, the titles will be declared non-existent.
22. APPLICABLE LAW
These General Terms and Conditions and the Order are governed in their entirety by French law.
Any dispute relating to the conclusion, interpretation, execution or termination of these General Conditions of Sale will be the subject of a search for an amicable agreement.
Any dispute which arises between the Parties as a result of the conclusion, interpretation or execution of these general conditions of sale will be exclusively resolved by the competent Courts of Paris.
These General Terms and Conditions are written in French. In the event that they have been translated into one or more foreign languages and in the event of a dispute, only the text written in French will be authentic between the Parties.
