General Terms and Conditions of Sale

  1. SELLER IDENTIFICATION


These General Terms and Conditions of Sale are offered by Onwa.fr, operated by the company ONWA Beauty, S.A.S. with a share capital of €2000, whose registered office is located at 34 PLACE du Général de

Gaulle, office 3 in Lille (59800) FRANCE, registered with the RCS of LILLE under number 995317831, SIRET 995317831, intra-community VAT [number].


The Seller can be reached by email at the following address: contact@onwa.fr


2. Definitions 


Customer / Buyer: "Customer" or "Buyer" refers to any natural person of legal age and having full legal capacity, acting for purposes not falling within the scope of their commercial, industrial, artisanal, liberal or agricultural activity, and placing a Product Order via the Site.


"Site" refers to all digital platforms operated by the Seller, accessible notably via the address onwa.fr, including, without limitation, the website, its mobile versions, applications, interfaces, personalized spaces and associated services.

"Products" refers to all goods offered for sale on the Site by the Seller, regardless of their nature, and notably, without limitation, beauty products, cosmetics, accessories, everyday items and any similar product. "Cosmetic Products" refers, where applicable, to products meeting the definition of Regulation (EC) No. 1223/2009 of the European Parliament and of the Council, offered among the Products available on the Site.


"Order" refers to any Product order placed by the Customer via the Site, materialized by the validation of the cart, the express acceptance of these General Terms and Conditions of Sale and the full payment of the Price. The Order constitutes a purchase offer from the Customer, accepted by the Seller under the conditions provided for in Article 8 of these General Terms and Conditions of Sale.

"Delivery" refers to the physical handover or making available of the ordered Products to the Customer, at the address or according to the delivery method chosen at the time of the Order, notably by home delivery, pick-up point or any other method offered by the Seller.

"General Terms and Conditions of Sale or GTCs" refers to these General Terms and Conditions of Sale, as well as all their possible annexes, applicable to any Order placed on the Site.

"Force majeure" refers to any unforeseeable, irresistible and external event beyond the reasonable control of the parties, preventing the total or partial performance of contractual obligations, within the meaning of applicable law, and notably as defined by Article 1218 of the French Civil Code.

"Personal data" refers to any information relating to an identified or identifiable natural person, directly or indirectly, within the meaning of Regulation (EU) 2016/679 on the protection of personal data (GDPR).




3. SCOPE OF THE GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale aim to define the conditions under which the Seller proceeds with the sale and delivery of Products to consumer Customers, as well as the respective rights and obligations of the parties in this context.

The GTCs apply, without restriction or reservation, to all Product sales concluded remotely by the Seller via the Site, accessible notably via the Internet and, where applicable, by any associated mobile application.

The GTCs are accessible at any time on the Site and can be consulted before any Order. The Customer is invited to read them, download them and keep them. The validation of any Order implies the full, complete and unconditional acceptance of these GTCs by the Customer, materialized by a dedicated validation action.

Onwa Beauty reserves the right to modify these GTCs at any time. The applicable GTCs are those in force and accepted by the Customer on the date the Order is placed.

These GTCs can be consulted at any time on the website: onwa.fr and are supplemented, where applicable, by the General Terms of Use of the Site and by the Personal Data Policy.

4. ACCESS TO THE SITE - LEGAL CAPACITY

Access to the Site is free and open to anyone with Internet access. The costs associated with access to the Site, notably telecommunication costs, are borne by the user.

Access to the Site and placing Orders are reserved for natural persons of legal age having the legal capacity allowing them to enter into contracts within the meaning of the provisions of the Civil Code.

By accessing the Site and placing an Order, the Customer declares and guarantees being at least eighteen (18) years old and having the legal capacity necessary to commit under these General Terms and Conditions of Sale.

The Seller reserves the right to refuse, suspend or cancel any Order placed by a person not meeting the required conditions of majority or legal capacity.

Any use of the Site or any Order placed by a minor or legally incapable person is deemed to have been carried out under the responsibility of their legal representatives, who assume full responsibility for the acts performed and commitments made.

The Seller cannot be held responsible for the consequences resulting from inaccurate or fraudulent declarations regarding the user's age or legal capacity.

5. PRODUCTS - INFORMATION - CONFORMITY 

5.1 Nature of Products and regulatory conformity

The Products offered for sale on the Site may include, depending on the available catalog, cosmetic products, accessories, objects or any other consumer good, intended for personal and non-professional use.

When the catalog offered on the Site includes cosmetic Products, they meet the definition of Regulation (EC) No. 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products.


As such, these cosmetic Products comply with the European regulations applicable and in force at the time of their placement on the market, notably regarding: safety for human health, composition, labeling, prior notification and traceability.


Cosmetic Products do not constitute medical devices, medicines, nor products with a therapeutic purpose within the meaning of the applicable regulations.

6. USE OF PRODUCTS – SPECIFIC LIABILITY

6.1 No guarantee of results

The Products offered for sale are intended for hygiene, care and beautification, in accordance with their normal purpose.
The Seller does not guarantee under any circumstances the achievement of a specific, expected or particular result following the use of a Product.

The effects of the Products may vary from one individual to another depending on many factors, notably skin type, usage habits, environmental conditions or combination with other products.

No information on the Site, whether descriptive, illustrative or from editorial content, may be interpreted as a guarantee of results.


6.2 Recommendation of a preliminary test (patch test)

The Customer is recommended, before any use of a cosmetic Product, to perform a preliminary test on a limited area of the skin (called a "patch test"), in accordance with the good practices in force in the cosmetics sector.

This recommendation aims to limit the risks of undesirable skin reactions and does not in any way constitute an obligation of result or a guarantee of absolute safety.


6.3 Individual sensitivities and skin reactions

As each person may present particular sensitivities, allergies or intolerances, the Customer is invited to be attentive to any reaction during the use of the Products.

The Seller cannot be held responsible for individual reactions, intolerances or adverse effects resulting from the Customer's personal characteristics, provided that the Product complies with the applicable regulations and is used in accordance with its normal purpose.

In case of an abnormal or persistent reaction, the Customer is recommended to stop using the Product concerned and to consult a healthcare professional.


6.4 Verification of composition – INCI List

The Customer is invited to carefully consult the list of ingredients (INCI) appearing on the Product packaging and/or on their descriptive sheet, in order to verify the absence of ingredients to which they may be sensitive or allergic.

It is up to the Customer to ensure the compatibility of the Products with their needs, their skin type and their possible personal constraints.


6.5 Limitation of liability related to use

The Seller's liability cannot be engaged in case of damages resulting from:

  • use not in accordance with the instructions for use or the normal purpose of the Product;
  • combined use with other products not recommended;
  • a reaction related to an individual sensitivity or an allergy known or unknown to the Customer.

This article applies without prejudice to the mandatory legal guarantees and the liability for defective products provided by the applicable regulations.



7. SERVICES OFFERED

7.1 Online sale of Products

The Seller offers the online sale of Products through the Site, according to the terms defined in these General Terms and Conditions of Sale.

The Products offered for sale are described and presented with the greatest possible accuracy. However, this information has no contractual value and does not bind the Seller beyond the essential characteristics of the Products.


7.2 Content, reviews and product tests

The Site may offer editorial content, reviews, user feedback, product tests or recommendations, carried out by the Seller, its partners or third parties.

This content is provided for informative and indicative purposes and does not in any way constitute:

  • a guarantee of results,
  • a contractual commitment,
  • nor a medical, dermatological or pharmaceutical opinion.

Reviews and tests reflect personal and subjective experiences, which may vary from one individual to another.


7.3 Events and activities

The Seller may organize or relay events, workshops, meetings, activities or promotional operations, online or in person.

The specific terms applicable to these events (dates, locations, access conditions, registrations, cancellations) are specified where applicable during their communication or registration.

The Seller reserves the right to modify, postpone or cancel an event for organizational, technical or reasons beyond its control.


7.4 Newsletters and communications

The Seller may offer the Customer the option to subscribe to newsletters or electronic communications to receive information relating to:

  • Products,
  • new products,
  • commercial offers,
  • editorial content or events.

Subscription to these communications is optional and can be canceled at any time, in accordance with the applicable regulations regarding personal data protection.


7.5 Skincare consultation and support service

The Seller may offer a consultation service intended to guide the Customer in the choice of Products and the creation of a skincare routine adapted to their preferences and needs.

This service constitutes cosmetic and aesthetic support, based on the information provided by the Customer, and has the sole purpose of guiding the Customer in the use of cosmetic Products.

It is expressly stated that this service:

  • does not constitute a medical, dermatological or pharmaceutical act;
  • does not in any way replace a consultation with a healthcare professional;
  • does not include any guarantee of result or particular effectiveness.

The Customer remains solely responsible for the final choice and use of the recommended Products.


7.6 Evolution of services

The Seller reserves the right to evolve, modify, suspend or remove all or part of the services offered on the Site, notably for technical, commercial or regulatory reasons.

These changes may not affect Orders or services already subscribed and confirmed, except by express agreement of the Customer or contrary mandatory legal provision.

8. ORDERS

   8.1 Ordering process

The Customer selects the Products they wish to buy and adds them to their cart.
Before the final validation of the Order, the Customer has the possibility to check the details of their Order, correct any errors and read these General Terms and Conditions of Sale.

The validation of the Order occurs when the Customer confirms their purchase and payment obligation by the action provided for this purpose on the Site.

Any Order constitutes acceptance of the prices, Product descriptions and these GTCs.

8.2 Firm purchase offer – Formation of the contract

The Order placed by the Customer constitutes a firm purchase offer.

The sales contract is deemed concluded only:

  • after validation of the Order by the Seller,
  • and subject to the actual receipt of payment.

The Order confirmation sent to the Customer by electronic means constitutes acceptance of the purchase offer by the Seller.


8.3 Right of refusal or cancellation of the Order

The Seller reserves the right to refuse or cancel any Order for legitimate reason, notably in case of:

  • unavailability of Products;
  • refusal of payment authorization;
  • payment incident or failure;
  • suspicion of fraud or attempted fraud;
  • abnormal Order in view of the quantities ordered or the total amount;
  • non-compliance with these GTCs by the Customer.

In these cases, the Customer is informed as soon as possible and, where applicable, reimbursed for the unduly received sums.


8.4 Limitation of quantities

The Products offered for sale are intended for personal and non-professional use.

The Seller reserves the right to limit the number of Products that can be ordered by Customer, per Order or over a given period, in order to guarantee fair distribution and avoid any abusive use of the Site.


8.5 Prohibition of resale – Fight against professional use

Purchases made on the Site are strictly reserved for consumers acting for personal and non-professional purposes.

Any resale, distribution or commercial use of the Products, direct or indirect, is strictly prohibited without the prior and written authorization of the Seller.

The Seller reserves the right to:

  • refuse or cancel any Order suggesting a resale or professional use activity;
  • suspend or terminate a customer account in case of repeated breaches;
  • take any appropriate measure to protect its distribution network and its partners.


8.6 Records and proof of Orders

The automatic recording systems implemented on the Site, notably via the technical platform used by the Seller, allow to ensure the recording, timestamping and retention of Orders.

The data thus recorded constitute the proof of the transaction, its date, its content and the consent of the Customer, in accordance with the applicable legal provisions.

9. PRICES – TAXES – INVOICING

The sale prices of the Products offered on the Site are indicated in euros and all taxes included (TTC), unless otherwise indicated. The applicable prices are those in force at the time of placing the Order by the Customer.

The prices do not include delivery costs, invoiced as a supplement. The amount of delivery costs and, where applicable, any other applicable charge, are indicated to the Customer before the final validation of the Order.

The Seller reserves the right to modify its prices at any time, specifying that the Products will be invoiced on the basis of the rates in force at the time of the validation of the Order. Price modifications do not affect Orders already confirmed.

In case of a manifest display error (notably a derisory or manifestly erroneous price), the Seller reserves the right to cancel the Order under the conditions provided for in Article 8, the Customer being informed as soon as possible and, where applicable, reimbursed.

An invoice or proof of purchase is made available to the Customer by any appropriate means, including electronic means.

9.1 VAT – SALES WITHIN THE EUROPEAN UNION

The prices displayed on the Site include the value added tax (VAT) applicable on the date of the Order, in accordance with the regulations in force.

For Orders delivered to another Member State of the European Union, the applicable VAT is determined in accordance with European rules relating to intra-Community distance selling.

Any change in the applicable VAT rate may be automatically reflected in the price of the Products, without affecting Orders already confirmed.

 

10. PAYMENT – SECURITY – FRAUD

10.1 Accepted payment methods

Payment for Orders is made online at the time of confirmation, using the payment methods offered on the Site at that time.

These payment methods may include payment by bank card as well as any other electronic payment method offered on the Site. The Seller reserves the right to change the payment methods offered at any time, without affecting Orders already confirmed.

The Seller shall not be held responsible for the temporary unavailability of a payment method resulting from technical constraints inherent to the payment service providers.


10.2 Payment due – Final formation of the Order

Payment is due immediately upon confirmation of the Order by the Customer.

The Order is only considered definitively accepted by the Seller after:

  • confirmation of the Customer's purchase offer,
  • and actual receipt of the corresponding price.

If payment authorization is refused by the bank or payment service provider, the Order is automatically canceled and the Customer is informed.

10.3 Payment security and verification

Payments made on the Site are secured by systems compliant with applicable regulations, including the requirements of Directive (EU) 2015/2366 on payment services (PSD2), including, where applicable, strong customer authentication procedures.

The Seller reserves the right to carry out any verification it deems necessary to prevent fraud, particularly in the event of an Order that appears unusual, involves an unusual amount, or contains inconsistent information provided by the Customer.

To this end, the Seller may ask the Customer for additional information or documents. If no response is received or if the information provided is insufficient, the Seller reserves the right to cancel the Order concerned.


10.4 Fraud prevention and chargebacks

The Seller reserves the right to suspend, refuse, or cancel any Order in the event of suspected fraud, attempted fraud, or fraudulent use of a payment method.

Any abusive, unjustified, or repeated payment dispute (chargeback) may result in:

  • the suspension or termination of the customer account,
  • the refusal of any subsequent Order,
  • and, where applicable, the initiation of any appropriate action to protect the Seller's interests.

Transaction data and records, retained in accordance with Article 19 – Electronic Evidence, may be used by the Seller in the management of payment disputes.

 

11. DELIVERY

11.1 Delivery terms

Delivery provided by a third-party service

The Products ordered are delivered to the address provided by the Customer when placing the Order, according to the delivery terms offered on the Site at the time of the Order.

Delivery is carried out by third-party carriers authorized by the Seller. The choice of carrier and delivery method rests with the Seller, unless expressly stated otherwise at the time of the Order.

It is the Customer's responsibility to provide accurate, complete, and up-to-date information regarding the delivery address. The Seller shall not be held responsible for any delay or inability to deliver resulting from an error or omission attributable to the Customer.

Delivery provided by the Seller

When the delivery of the Products is carried out directly by the Seller through its own delivery service, it is made to the address provided by the Customer when placing the Order, according to the terms defined at the time of confirmation.

Delivery is deemed completed upon physical handover of the Products to the Customer or any person authorized to receive them at the specified delivery address.

Proof of handover of the Products may be established by any means of proof implemented by the Seller, allowing verification of actual delivery, including material, digital, or electronic evidence, retained in accordance with applicable rules.

11.2 Delivery times

The delivery times indicated on the Site are provided for guidance only and correspond to the average times usually observed, excluding periods of high demand, exceptional events, or cases of force majeure.

In accordance with the provisions of Article L.216-1 of the French Consumer Code, the Seller undertakes to deliver the Products within a maximum period of thirty (30) days from the confirmation of the Order, unless a specific period is indicated at the time of the Order. In the event of exceeding this period without justification due to force majeure, the Customer may terminate the contract under the conditions provided by applicable regulations.

11.3 Transport and receipt of the Products

Delivery is deemed completed upon physical handover of the Products to the Customer or any third party designated by them.

It is the Customer's responsibility to check the apparent condition of the Products upon receipt and to report, where applicable, any anomaly (damaged package, missing or damaged Product) as soon as possible to the carrier and the Seller.

If no reservations are made within a reasonable period, the Products are deemed to conform to the Order and free from apparent defects.

This check upon receipt does not affect the Customer's rights under statutory warranties.

11.4 Force majeure and logistical contingencies

The Seller shall not be held liable for any delay or inability to deliver resulting from force majeure or an event beyond its control, including disruptions to transport networks, strikes, adverse weather conditions, natural disasters, epidemics, administrative decisions, or failures of transport service providers.

In such an event, the Seller will inform the Customer as soon as possible and implement reasonable solutions to ensure the fulfillment of the Order as quickly as possible.

11.5 Transfer of risk

In accordance with the provisions of Article L.216-4 of the French Consumer Code, the risk of loss or damage to the Products is transferred to the Customer at the time when the Customer, or a third party designated by them, takes physical possession of the Products.

When the Customer entrusts delivery to a carrier other than the one offered by the Seller, the transfer of risk occurs upon handover of the Products to that carrier, without prejudice to the Customer's rights against them.


12. RIGHT OF WITHDRAWAL

12.1 Statutory right of withdrawal

In accordance with the provisions of Articles L.221-18 et seq. of the French Consumer Code, the consumer Customer has a statutory period of fourteen (14) days from receipt of the Products or their provision to the third party designated by them to exercise their right of withdrawal, without having to justify their decision.

When the Order consists of several Products delivered separately, the period begins upon receipt of the last Product.

12.2 Commercial extension of the withdrawal period

As a commercial benefit, the Seller extends the withdrawal period beyond the statutory period and grants the Customer a total period of thirty (30) days from receipt of the Products or their provision.

This commercial extension does not constitute a statutory right and is exercised under the same conditions as the statutory right of withdrawal, subject to the exceptions provided for in this Article.

Notwithstanding the above, gift cards and institute cards remain subject only to the statutory period of fourteen (14) days.

12.3 Exceptions to the right of withdrawal

In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal, including under the commercial extension mentioned above, may not be exercised for:

  • cosmetic Products that are sealed and have been unsealed after Delivery and cannot be returned for reasons of hygiene or health protection;
  • Products made to the Customer's specifications or clearly personalized, including Products engraved or personalized on request.

Opening, using, even partially, or altering the protective device of a cosmetic Product makes it ineligible for the right of withdrawal.

12.4 Terms of exercise

To exercise their right of withdrawal, the Customer must notify the Seller of their decision before the applicable period expires, by any unambiguous statement expressing their intention to withdraw.

The Product or Products concerned must be returned without excessive delay, and no later than fourteen (14) days following the communication of the withdrawal decision.

Return costs remain the responsibility of the Customer, unless expressly stated otherwise by the Seller.

A standard withdrawal form is made available to the Customer in Annex to these General Terms and Conditions, although its use is not mandatory.

12.5 Condition of returned Products

Products must be returned in a condition that allows them to be resold, namely:

  • complete,
  • unused,
  • undamaged,
  • in their original packaging, where applicable,
  • accompanied by all accessories, samples, instructions, and elements provided.

In accordance with Article L.221-23 of the French Consumer Code, the Customer may be held liable for any depreciation of the Products resulting from handling other than that strictly necessary to establish their nature, characteristics, and proper functioning.

12.6 Promotional offers and free Products

When the Customer has benefited from a promotional offer conditional on the purchase of one or more Products, and the exercise of the right of withdrawal results in the loss of the benefit of that offer, the Customer is required to return all Products concerned, including the free Product or Products.

In the event of an incomplete return, the Seller reserves the right to defer or reduce the refund in due proportion.

12.7 Refund

In the event of a valid exercise of the right of withdrawal, the Seller shall refund the Customer the full amount paid for the returned Products, including standard delivery costs, within a maximum period of fourteen (14) days from receipt of the withdrawal decision.

The refund may be deferred until the Products have actually been recovered or until the Customer provides proof of shipment, whichever occurs first.

The refund will be made using the same payment method used at the time of the Order, unless the Customer expressly agrees to the use of another method.


13. STATUTORY WARRANTIES

13.1 Statutory warranty of conformity

The Customer benefits from the statutory warranty of conformity provided for in Articles L.217-3 et seq. of the French Consumer Code.

The Seller is required to deliver a Product that conforms to the contract and is liable for any lack of conformity existing at the time the Product is delivered.

The Customer has a period of two (2) years from the delivery of the Product to act under the statutory warranty of conformity.
They may choose between the repair or replacement of the Product, subject to the conditions provided by law.

The Customer is not required to provide proof of the existence of the lack of conformity for a period of twenty-four (24) months from the delivery of the Product, unless otherwise provided by law.

13.2 Statutory warranty against hidden defects

The Customer also benefits from the statutory warranty against hidden defects provided for in Articles 1641 et seq. of the French Civil Code.

This warranty allows the Customer to obtain either the rescission of the sale or a price reduction if the Product is affected by a hidden defect that makes it unfit for the use for which it is intended.

The action resulting from hidden defects must be brought by the Customer within a period of two (2) years from the discovery of the defect.

13.3 Exclusions

Statutory warranties do not cover defects or damage resulting from:

  • use not in accordance with the instructions or the normal intended use of the Product;
  • normal wear and tear;
  • unauthorized modification or intervention on the Product.

These warranties apply without prejudice to the right of withdrawal provided for in Article 12.

14. LIABILITY

14.1 Obligation of means – Operation of the Site

The Seller uses all reasonable means to ensure access to, the operation of, and the security of the Site.
However, the Seller is only subject to an obligation of means regarding access to and use of the Site, which may be temporarily unavailable, notably due to maintenance operations, updates, technical incidents, or constraints beyond its control.

The Seller does not guarantee that the Site will be free from errors, interruptions, or anomalies, nor that these will be systematically corrected.

14.2 General exclusions of liability

The Seller shall not be held liable for:

indirect damages, including, inter alia, loss of opportunity, loss of data, loss of revenue, commercial prejudice, or damage to reputation;

incompatibility of the Site with the Customer's equipment, browsers, or configurations;

use of the Site or Products not in accordance with these General Terms and Conditions or the instructions provided.

This exclusion applies to the extent permitted by applicable regulations.

14.3 Act of a third party

The Seller shall not be held responsible for damages resulting from:

the intervention of a third party not party to the contract,

the malfunction or unavailability of services provided by third-party service providers, notably payment, hosting, transport, or electronic communication services.

14.4 Customer fault

The Seller shall not be held liable when the damage results, in whole or in part:

from the Customer's fault, negligence, or omission;

from abnormal, non-compliant, or improper use of the Site or Products;

from the Customer's failure to comply with these General Terms and Conditions, the recommendations for use, or the precautions for use.

14.5 Force majeure

The Seller shall not be held liable for non-performance or delay in the performance of its obligations resulting from force majeure within the meaning of applicable law, such as an unforeseeable, irresistible, and external event beyond the Seller's reasonable control.

The following are considered cases of force majeure, without this list being exhaustive: natural disasters, fires, strikes, epidemics, pandemics, telecommunications network disruptions, computer system failures, administrative or governmental decisions.

14.6 Financial limitation of liability

To the extent permitted by applicable law, and except in cases of mandatory statutory liability, the Seller's liability is limited to the total amount actually paid by the Customer for the Order concerned.

This limitation does not apply:

in cases of fraud or gross negligence by the Seller,

in cases of liability for defective products,

nor to public policy statutory warranties applicable for the benefit of the consumer Customer.

 

15. INTELLECTUAL PROPERTY

15.1 Site Content

All elements composing the Site, including, without limitation, texts, graphics, images, photographs, videos, illustrations, logos, icons, sounds, software, databases, layouts, as well as the general structure of the Site, are protected by the provisions of the French Intellectual Property Code and, where applicable, by applicable international conventions.

These elements are the exclusive property of the Seller or are subject to a right of use, exploitation, or distribution granted to the Seller.

15.2 Trademarks and distinctive signs

Trademarks, company names, trade names, signs, domain names and more generally any distinctive sign appearing on the Site are protected and remain the exclusive property of their respective owners.

Any reproduction, imitation, use or application of these distinctive signs, in whole or in part, without prior written authorization from their owner, is strictly prohibited and may constitute an act of counterfeiting.

15.3 Prohibition of reproduction and exploitation

Any reproduction, representation, modification, adaptation, translation, extraction, reuse or exploitation, in whole or in part, of the elements of the Site, by any means whatsoever and on any medium whatsoever, is strictly prohibited without the prior written authorization of the Seller or the relevant rights holder.

Any unauthorized use of the elements of the Site may incur the civil and/or criminal liability of its author, in accordance with the provisions of the Intellectual Property Code.

15.4 Strictly personal use

Access to the Site does not entail any transfer of intellectual property rights to the Customer.
The Customer is only authorized to use the Site and its contents for strictly personal, private and non-commercial use, for the purpose of viewing and purchasing Products.

 

16. PERSONAL DATA

16.1 Applicable regulatory framework

In the context of the use of the Site, the placement of Orders and the performance of these General Terms and Conditions of Sale, the Seller is required to collect and process personal data concerning the Customer.

This processing is carried out in accordance with:

  • the Regulation (EU) 2016/679 of 27 April 2016 on the protection of personal data (GDPR), as in force and as subsequently amended or supplemented,
  • as well as the amended Law No. 78-17 of 6 January 1978 known as the "Data Protection Act".

16.2 Purposes of processing

The Customer's personal data is collected and processed notably for the following purposes:

  • management of Orders, deliveries and returns;
  • management of customer relations and after-sales service;
  • management of payments and fraud prevention;
  • compliance with legal and regulatory obligations;
  • sending commercial communications or information, when the Customer has consented to it.

16.3 Customer Rights

In accordance with the applicable regulations, the Customer has notably the following rights:

  • right of access to their personal data;
  • right to rectification;
  • right to erasure;
  • right to object;
  • right to restriction of processing;
  • right to data portability;
  • right to define instructions regarding the fate of their data after death.

The Customer may exercise their rights under the conditions and according to the procedures specified in the Seller's Privacy Policy.

16.4 Privacy Policy

The full terms and conditions relating to the collection, use, storage, security and protection of personal data, as well as the conditions for exercising the Customer's rights, are detailed in the Seller's Privacy Policy.

This Privacy Policy is accessible at any time on the Site via a dedicated link and supplements these General Terms and Conditions of Sale, without replacing them.

17. AMENDMENT OF THE GENERAL TERMS AND CONDITIONS OF SALE

17.1 Right of amendment

The Seller reserves the right to amend these General Terms and Conditions of Sale at any time, notably to adapt them to changes in the applicable regulations, its services, its commercial practices or its organization.

17.2 Prior notification to the Customer

Any substantial amendment to the General Terms and Conditions of Sale shall be subject to prior notification to the Customer by any appropriate means, notably by publication on the Site and, where applicable, by electronic notification.

The General Terms and Conditions of Sale applicable are those in force on the date the Order is placed.
Subsequent amendments do not apply to Orders already confirmed.

17.3 Acceptance of the amended General Terms and Conditions of Sale

The amended General Terms and Conditions of Sale shall enter into force upon their publication on the Site.

For any new Order placed after this publication, the Customer is deemed to have read the amended General Terms and Conditions of Sale and to have accepted them without reservation.

When the amendments substantially affect the Customer's rights or obligations, the Customer shall be informed of the possibility of refusing these amendments under the conditions set out below.

17.4 Regulated tacit acceptance and right of withdrawal

In the absence of an ongoing Order, continued use of the Site after the amended General Terms and Conditions of Sale enter into force shall constitute tacit acceptance thereof, provided that the Customer has been previously informed of said amendments.

The Customer retains the option to refuse the amended General Terms and Conditions of Sale and, where applicable, to cease all use of the Site or to request the termination of their customer account, without cost or penalty, when this option is applicable.

 

18. SUSPENSION – TERMINATION

18.1 Principle

The Seller reserves the right to suspend or terminate, automatically and without compensation, the Customer's access to the Site and/or the performance of all or part of an Order or a customer account, in the event of the Customer's breach of these General Terms and Conditions of Sale or for any legitimate reason provided below.

This suspension or termination is without prejudice to any damages to which the Seller may be entitled.


18.2 Fraud or attempted fraud

The Seller may suspend or terminate, without notice, access to the Site, the customer account and/or any ongoing Order in the event of fraud, attempted fraud or reasonable suspicion of fraud, notably in the event of:

  • fraudulent or unauthorized use of a means of payment;
  • abusive payment disputes (repeated chargebacks);
  • identity theft or provision of inaccurate or misleading information.


18.3 Breach of the General Terms and Conditions of Sale

Any serious or repeated breach of these General Terms and Conditions of Sale by the Customer, notably:

  • failure to comply with the purchase conditions reserved for personal and non-professional use;
  • unauthorized attempts at resale or commercial use;
  • failure to pay all or part of an Order;
  • circumvention of the Site's security measures,

may lead to the suspension or termination of access to the Site or the customer account, after a formal notice remains unanswered when such notice is required by the nature of the breach.


18.4 Abusive or harmful behavior

The Seller reserves the right to suspend or terminate access to the Site or the customer account in the event of abusive, unfair or harmful behavior, notably:

  • aggressive, threatening or insulting behavior towards the Seller's staff or its service providers;
  • misuse of the Site affecting its proper functioning, security or image;
  • infringement of third-party rights or of public order and good morals.


18.5 Effects of suspension or termination

Suspension or termination shall entail:

  • the temporary or permanent deactivation of the customer account, where applicable;
  • the cancellation of ongoing Orders not yet executed, subject to the refund of sums unduly received in accordance with applicable regulations;
  • the Seller's retention of the right to pursue any appropriate judicial or administrative action.

Termination does not affect rights and obligations arising prior to its effective date.


19. ELECTRONIC EVIDENCE

19.1 Evidence convention

The Parties expressly acknowledge that exchanges, communications, validations and operations carried out electronically in the context of the use of the Site and the performance of these General Terms and Conditions of Sale have the same evidentiary value as documents established on paper.

The Parties agree that the technical procedures implemented by the Seller allow the author of the acts to be reliably identified, guarantee the integrity of the recorded data and ensure its storage in conditions appropriate to preserve its evidentiary value.


19.2 Emails and notifications

Emails, automatic notifications and messages sent by the Seller to the email address provided by the Customer shall be considered conclusive between the Parties as to their transmission, date and content, unless proven otherwise.

It is the Customer's responsibility to ensure the accuracy of their electronic contact details, their update and the proper functioning of their email system, notably regarding filtering or security settings.


19.3 Computer records, logs and technical data

Computer records, login logs, action histories, timestamps, IP addresses, event logs and, more generally, all technical data generated by the use of the Site, stored in the information systems of the Seller or its service providers, constitute admissible evidence of the operations carried out.

This evidence is stored using reliable procedures guaranteeing its traceability, integrity and security.


19.4 Order-related data

The data recorded by the Seller relating to Orders, notably those concerning:

  • the Customer's identification,
  • the content of the Order,
  • the dates and times of validation,
  • the invoiced amounts,
  • the payment and delivery terms,

constitute evidence of the existence, content and date of the transactions concluded between the Seller and the Customer, unless proven otherwise.


19.5 Evidentiary value and dispute

The Parties acknowledge the evidentiary value of electronic documents and data produced by the Seller and waive the right to contest their admissibility solely on the grounds of their electronic nature.

Any dispute relating to these elements must be supported by serious, precise and consistent evidence.

20. PARTIAL NULLITY

If one or more provisions of these General Terms and Conditions of Sale were declared null, invalid, unenforceable or without effect pursuant to a legal or regulatory provision, or following a final decision by a competent jurisdiction, such nullity shall not entail the nullity of the General Terms and Conditions of Sale as a whole.

The other provisions shall retain their full effect and scope.
The affected provision or provisions shall be deemed unwritten and replaced, to the extent possible, by valid provisions that most closely approximate the Parties' original intention and the general economy of these General Terms and Conditions of Sale, in compliance with applicable regulations, notably consumer protection provisions.

The fact that one of the Parties does not, at any given time, rely on any of the provisions of these General Terms and Conditions of Sale shall not be interpreted as a waiver of the right to rely on them subsequently.


21. APPLICABLE LAW – DISPUTES

21.1 Applicable law

These General Terms and Conditions of Sale are subject to French law, without prejudice to the application of mandatory provisions more favorable to the consumer resulting from the law of the Customer's country of habitual residence, in accordance with Regulation (EU) No. 593/2008 known as Rome I.


21.2 Amicable settlement and mediation

In the event of a dispute, the Customer is invited to contact the Seller's customer service first in order to seek an amicable solution.

In accordance with articles L.612-1 et seq. of the French Consumer Code, the consumer Customer has the option of free recourse to a consumer mediation scheme for the amicable resolution of the dispute.
The contact details of the competent mediator are provided on the Site or upon request to the Seller.


21.3 Competent jurisdictions

In the absence of an amicable resolution or recourse to mediation, any dispute relating to the formation, interpretation, performance or termination of these General Terms and Conditions of Sale may be brought before the competent jurisdictions, in accordance with common law rules and specific provisions applicable to consumers.

It is recalled that the consumer Customer may choose to bring the action before:

  • the jurisdiction of their place of residence,
  • the jurisdiction of the place of effective delivery of the Products,
  • or any other jurisdiction competent under applicable texts.





Appendix : 


(Please complete and return this form only if you wish to withdraw from the contract.)

For the attention of:
Onwa Beauty – 122 rue du grand chemin 59226 Lecelles
Email: contact@onwa.fr

I/we () hereby notify/notifies () my/our () withdrawal from the contract relating to the sale of the good(s) () below:

  • Ordered on () / Received on ():
  • Order number:
  • Name of the consumer(s):
  • Address of the consumer(s):

Signature of the consumer(s) (only if this form is provided on paper):

Date: