Article 1: Preamble

These general conditions of sale apply exclusively between the company Ongles Pro - FM Diffusion: 8 impasse des Piboules 13200 Arles (hereinafter “We”) and any person visiting or making a purchase on the site www.onglespro. com or in store (hereinafter “you”). Any person visiting the site or our stores can read the general conditions of sale on the site www.onglespro.com (hereinafter the “site” or on request in store). These general conditions of sale may be subject to modifications, the applicable conditions are those in force on the site, on the date of placing your order or purchase.

Article 2: Products

The products governed by these general conditions are those which appear on the website, those supplied in store and which are indicated as sold and shipped by Ongles Pro FM Diffusion. They are offered while stocks last. The characteristics of the products sold (photographs and descriptions, etc.) are given for information purposes only and may vary over time. The characteristics and visuals are non-contractual. Shampoos and treatments in technical formats are not supplied with pumps.

Article 3: Contract

3.1 Conditions for placing an order

You declare that you are at least 18 years old and have the legal capacity or hold parental authorization allowing you to place an order or purchase in store.

3.2 Stages of concluding the contract

As soon as your order is completed, an email summarizing the elements of your order will be sent to you. This informs you of the registration of your order.

Any order entails your full acceptance of these general conditions of sale.

The sale in store is final upon payment in store. Article L133-4: When concluding any written contract, the consumer is informed by the professional of the possibility of resorting, in the event of a dispute, to a conventional mediation procedure or any other alternative method of dispute resolution.

Article 4: Price, availability and delivery

4.1 General The prices of our products are indicated in euros, all taxes included and excluding taxes and excluding participation in processing and shipping costs. Ongles Pro FM Diffusion reserves the right to modify its prices at any time and undertakes to apply the current prices which will have been indicated to you at the time of your order, subject to availability on that date. All orders are payable in Euros only, regardless of the destination. The products remain the property of Ongles Pro FM Diffusion until full payment of the order amount. In the event of an order to a country other than mainland France, you are the importer of the product(s) concerned.

For orders delivered in a country other than France, you must respect the laws and regulations in force in the country in which you receive the goods. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums do not fall within the jurisdiction of Ongles Pro FM Diffusion. They will be your responsibility and are your sole responsibility, both in terms of declarations and payments to the competent authorities and/organizations in your country. We advise you to inquire about these aspects with your local authorities.

The prices displayed on the Site are indicated in euros, all French taxes included (French VAT and other applicable taxes), excluding shipping costs, processing costs for your order and gift wrapping costs. Your order will be accepted while stocks last. Each item presented on the site is normally available in our stocks. Deliveries are made to the address indicated by the customer at the time of ordering. The maximum delivery time for your order is 15 days. The delivery time indicated when registering the order is given for information purposes only and is not guaranteed. If, despite everything, one or more items on your order become unavailable, we will inform you as soon as possible. Despite the numerous checks carried out regularly on our site, it is possible that a product appearing on our site has a pricing error. However, these are checked during order processing: if the corrected price is lower than the price displayed on our site, your item will be sent to you taking into account the lowest price. Conversely, if the corrected price is higher than that offered on our site, we will inform you as soon as possible, and will cancel your order, unless you accept the order at the new price.

4.2 Delivery Dispute

In the context of deliveries or collections depending on the delivery method (La Poste, Mondial Relay, chronopost), we advise you to carefully check the condition of the goods in the presence of the postman, or at the relay point.

IMPORTANT: The words "subject to unpacking" have no legal value and do not cover you in any way in the event of damage noted after unpacking your package. Therefore, any item whose damage has not been explicitly and precisely noted on the delivery slip cannot be returned.

4.3 Mediation

In accordance with article L133-4 of the Consumer Code, the consumer customer has the possibility of resorting, in the event of a dispute, to a conventional mediation procedure or any other alternative method of dispute resolution in accordance with the rules applicable to the mediation, any consumer dispute must be entrusted in writing to customer service before any request for mediation. For more information, the customer can contact customer service by email at contact@onglespro.com . Concerning the proper execution of your order or the processing of a complaint.

Article 5 – Guarantee

Free commercial manufacturer's warranty: some manufacturers or suppliers grant a free warranty, particularly on so-called technical products. The duration and scope of the warranty vary depending on the products and manufacturers. The existence and duration of this guarantee is indicated on the product description sheets. The conditions of this guarantee are attached to the product in question. All products on sale on the website benefit from the legal guarantee of conformity (L211-1 et seq. of the Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the Civil Code), allowing you to return Products delivered defective or non-compliant. You are informed that the company Ongles Pro FM Diffusion is the guarantor of the conformity of the products with the contract within the framework of these two legal guarantees.

​

As part of the Legal Guarantee of Conformity:

• you benefit from a period of two years from the delivery of the goods to act,
• you can choose between repairing or replacing the goods, subject to the cost conditions provided for by article L.211-9 of the Consumer Code,
• you are exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. 24 months, except for second-hand goods (6 months).

The legal guarantee of conformity applies independently of any commercial guarantee granted. Furthermore, you can decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the civil code. In this case, you can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the civil code.

Reproduction of articles L. 211-4, L. 211-5, L. 211-12 and L. 2011-16 of the Consumer Code, as well as article 1641 and the first paragraph of article 1648 of the Civil Code , in accordance with article L. 211-15 of the Consumer Code:

- Article L211-4 of the Consumer Code: The seller is required to deliver goods that comply with the contract and is responsible 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 L211-5 of the Consumer Code: To comply with the contract, the good must: 1) Be suitable for the use usually expected of a similar good and, where applicable: - correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;

- present 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 present the characteristics defined by mutual agreement by the parts or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

- Article L211-12 of the Consumer Code: Action resulting from lack of conformity is prescribed two years from delivery of the goods.

- Article L211-16 of the Consumer Code: When the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a restoration covered by the warranty, any period of downtime of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention.

- 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, or which reduce this use to such an extent that the buyer does not would not have acquired, or would have only given a lower price, if he had known them.

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

In the event of a breakdown during the manufacturer's warranty period, please contact us. We decline all responsibility in the event that the delivered item does not comply with the legislation of the country of delivery. We cannot be held liable in the event of failure to fulfill our contractual obligations due to a fortuitous event or a case of force majeure as defined by the case law handed down by the French courts. We will not be held liable in the event of delay due to a stock shortage at our suppliers, or in the event of delay by the company responsible for transport. If you receive a damaged package, you must exercise your right of reservation with the carrier by placing specific reservations on the delivery note or the carrier's electronic box.

For any incident encountered with the transport provider (damaged package, not received, lost, disputed delivery) a certificate of non-detention must be completed for the processing of your complaint. In the event of non-delivery, you must contact our company. In the event of non-substantial differences between the photos presenting the articles on our site, texts and illustrations, and the articles ordered, our liability will not be incurred. We implement all the means at our disposal to ensure the services covered by these general conditions of sale. We are liable for any direct and foreseeable damage at the time of use of the Site or the conclusion of the sales contract between us and you. Under no circumstances will we incur any liability for commercial losses, profits, data or loss of profits or any other indirect damage or damage which was not foreseeable at the time of use of the site or conclusion of the sales contract. between us and you. The limitation of liability referred to above is inapplicable in the event of fraud or gross negligence on our part, in the event of bodily injury or liability due to defective products.

Article 6 – Order

On the Internet: www.onglespro.com

automatic recording systems are considered as proof of the nature, content and date of the order. Ongles Pro FM Diffusion confirms acceptance of the order by sending a confirmation message to the customer's email address that the customer has communicated. The sale will only be concluded upon sending this confirmation to Ongles Pro FM Diffusion reserves the right to refuse or cancel any order from a customer, particularly in the event of insolvency or a lack of payment of the order concerned or a dispute relating to the payment of a previous order. Ongles Pro FM Diffusion will cancel any order within 8 days from its date of issue if payment has not been made. The information indicated by the customer when entering information in his order is his sole responsibility. Ongles Pro FM Diffusion is not held responsible for errors made by the customer in the wording of the contact details of the recipient of the order (delivery address, billing address) and for delivery delays or the impossibility of delivering the ordered products. that these errors could cause.

Article 7 – Validation

You declare that you have read and accepted these General Conditions of Sale before placing your order. Validation of your order therefore constitutes acceptance of these General Conditions of Sale. Unless proven otherwise, the data recorded by Ongles Pro FM Diffusion constitutes proof of all transactions carried out by Ongles Pro FM Diffusion and its customers.

​

Article 8: Payment

Payment can be made by Credit Card, Paypal or Bank Transfer (the goods will be shipped as soon as payment is validated by our bank). - by Credit Card - secure payment by Stripe

- by Bank Transfer: The banking information is transmitted by email after validation of the order on the sales site if this payment method is chosen. Please note, bank transfer costs are the responsibility of the customer and must not be deducted of the total amount of the order. In all cases, the goods will only be shipped after verification and receipt of payment in our accounts

At the store :

The price of the products is payable in full on the day of purchase in store by the Buyer, according to the following terms:

• in cash, within the limit provided for by the regulations in force
• by credit card

The buyer guarantees Ongles Pro FM Diffusion that he has the funds necessary to pay for the product. The buyer also guarantees to our company that he is fully authorized to use the payment method used for the payment of his purchase and in particular that he has, upon validation of his purchase, the necessary authorizations to use this payment method. .

Article 9: Right of withdrawal only on distance sales

On the site :

The consumer has a period of fourteen (14) days from receipt of his order to exercise his right of withdrawal without having to provide reasons or pay penalties, with the exception, where applicable, of costs. back. The consumer may deviate from this deadline if he is unable to travel and at the same time needs to call upon an immediate service necessary for his living conditions. In this case, he would continue to exercise his right of withdrawal without having to provide reasons or pay penalties. You can exercise this right on all items purchased, returned in their original packaging and unused, except for electrical appliances and items when they have been unsealed. This option is not open to in-store purchases.

​

Article 10: Reservation of ownership

Our company expressly reserves ownership of the goods delivered until full payment of the principal price, and interest where applicable. The goods will remain the property of the selling company until full payment of their price, but the purchaser will become responsible for them from the time of physical delivery, the transport of possession entailing risks. In the event of partial payment or complete non-payment, the equipment may be taken back in accordance with the legal provisions in force. This recovery may take place even in the event of legal settlement or liquidation of the buyer's assets.

Article 11: Returns

For purchases on the website:

You have the right of withdrawal of fourteen (14) days from receipt of your order, provided for in article 6 of these general conditions of sale, to return the items to us without having to provide a reason. Within the framework of article L 121-21-8 5° of the Consumer Code, this right of withdrawal cannot be exercised if the supplies of goods have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection. If an item is delivered that does not conform to your order or is damaged during transport, please contact us by completing the form in the after-sales service help section, upon receipt of the package. If you receive a damaged or non-compliant product, you will be asked for a photo. We undertake to return a replacement product to you or reimburse you the full price of the item paid when ordering. The exchange or refund will be made upon receipt of the damaged product, in its original packaging. If we agree to replace a damaged or non-compliant product with your order. You must return this product to us within 15 days following the date on which we confirmed that we would replace it. In the event of non-compliance with your obligation to return the damaged or non-compliant product within said 15-day period, we reserve the right to debit the bank card used for your order, an amount equivalent to the price (including VAT). is added) of the damaged or non-compliant product that you have not returned to us. In this case, a second sale under suspensive condition will be considered to have been made by us. This suspensive condition will be satisfied if at the end of the period of 15 days following the date on which we sent you a replacement product, the damaged or non-compliant product is not returned to us.

Article 12: Site access license

We grant you a limited license to access and use the Site for your personal use. This license does not allow you under any circumstances to use, for sale or for any other commercial use, this site or its content (products listed, descriptions, prices, downloading or copying of information on behalf of another merchant, use data, software, sound clips, graphics, images, texts, photographs, tools). Under no circumstances are you authorized to download or modify all or part of this site without our express written authorization. This site or any portion of this site may not be reproduced, copied, sold or exploited for any commercial purpose without our express written permission. You must not use any technique allowing you to copy a brand, a logo or any other information (in particular images, text, models) of which we are the owners without our express written consent. You must not use meta tags or any other “hidden” text containing our name, brand or that of our group companies without our express written consent. Any unauthorized use will terminate the license we have granted to you. The creation of a hypertext link pointing to the home page of the site must be carried out after express written agreement on our part. Under no circumstances will the creation of this hypertext link engage our liability, in any capacity whatsoever, for the content of your site. Any use in your link of our logo, trademark or graphics requires our express written permission.

​

Article 13: Protection of personal data

We are committed to protecting your personal data. All personal data concerning you that we have collected is treated with the strictest confidentiality, in accordance with the provisions of our personal data protection policy.

Article 12: Applicable law and competent jurisdiction

These general conditions of sale are subject to French law and the Vienna Convention on contracts for the international sale of goods. All disputes relating to the commercial relationship existing between you and us are subject to the exclusive jurisdiction of the French courts.

​

Article 14: Identification

This website is owned and operated by:

FM DIFFUSION 8 Impasse des Piboules 13280 ARLES

• Intra-community number: FR49903481745
• Siret number: 903481745

If you believe that any content on our site may infringe any of your intellectual property rights, or if you have a question regarding our site, you can write to us.

​

Article 15: Justification and fight against fraud

As part of our fight against fraud and to ensure the smooth delivery of packages, we can carry out various automatic checks on the elements provided, such as billing, delivery and banking details. To validate your order and be able to ship it as quickly as possible, we may ask you for proof of address as well as a copy of your identity document.

​

Article 16: Privacy policy

Collection of data

The data collected on the website www.onglespro.com or in store by our sales advisors is strictly reserved for internal use. All personal information collected is necessary to:

- the execution of the contract that we have concluded with you (e.g. delivery of orders placed on our website www.onglespro.com or in store)

- The provision of services that you have requested from us (e.g. newsletter, etc.)

- Compliance with legal obligations (e.g. invoicing)

They are kept for the time necessary to accomplish these purposes.

They may only be transmitted to external service providers for the aforementioned purposes or as part of the security of our tools.

Profiling

When we send or display personalized communications or content, we may use certain techniques referred to as “profiling”. This is a form of automated processing of personal data which consists of using these data to evaluate certain aspects of the data subject, analyze or predict their interests, behavior and other attributes, in particular personal preferences, the interests, behavior, location, movements of this natural person.

We centralize this data and then analyze it to evaluate and predict your personal preferences and/or interests.

This analysis then allows us to send or display communications and/or content tailored to your interests/needs.

You have the right to object to this profiling by contacting our data protection officer.

Data Protection Officer

Ongles Pro ADC 2 complies with the new European data protection legislation (GDPR). A data protection officer has been appointed and is available for any questions at the following email address: rgpd@onglespro.com

Your rights

You have the right to object to any commercial prospecting by contacting our Data Protection Officer using the contact details indicated above.

You can request the erasure of information about you that is inaccurate, incomplete, ambiguous, out of date or whose collection, use, communication or retention is prohibited and withdraw your consent to the collection about you at any time when the processing requires your consent.

You can also, if you wish, submit any complaint to the National Commission for Information Technology and Liberties (CNIL).

Finally, you have the right to portability and transmission to another data controller of personal data concerning you:

- That you yourself communicated them, when the processing is based on your consent or on a contract

- That the processing is carried out using automated processes