GENERAL CONDITIONS OF SALE

15-11-19

The present General Conditions of Sale (hereafter referred to as “GCS”) exclusively govern the contractual relationships between the company, B.H BEAUTE, SARL, a single member limited liability company entered in the Company and Trade Register of Nanterre under No. 814 289 922, with its registered office located at 76 Allée Darius Milhaud – 75019 Paris, FRANCE (hereafter referred to as “PIN UP SECRET”), and its consumer clients (hereafter referred to as “the Purchaser”).

These General Conditions of Sale shall prevail over any general purchasing conditions of the Purchaser and more generally over any document issued by the Purchaser.

Online sales of Products shown on the Site are open to those Purchasers wishing to have these delivered to the United States of America (including Alaska and Hawaii but excluding Porto Rico and the Virgin Islands), Argentina, Bahamas, Bolivia, Brazil, Chili, China, Colombia, Hong Kong, Jersey, Japan, India, Italy, Costa Rica, Cuba, Bulgaria, Finland, Ireland, Netherlands, Mexico, Paraguay, Perou, Portugal, Spain, Switzerland, Australia, South Africa, UAE, Uruguay, Venezuela.

At the time of confirming his order on the Site, the Purchaser will be invited to agree to the present GCS by ticking the box, “I have read and agreed to the general conditions of sale”. If the Purchaser fails to comply or does not unreservedly accept all the provisions of the present GCS, no order will be issued.

All orders placed by the Purchaser, in his capacity as consumer, are deemed not to form part of any commercial, industrial, crafts, private practice or agricultural activity.

1.       DEFINITIONS

Purchaser: designates any private individual acting for purposes not forming part of his commercial, industrial, crafts, private practice, or agricultural activities and also any legal entity not acting for professional purposes, having created an Account and agreed to the present GCS.

Account: designates the account created by the Purchaser on the PIN UP SECRET site.

Order: designates the Products ordered by the Purchaser

Personal data: designates any information relating to a private individual, making it possible to identify him/her directly or indirectly.

Product: designates all the products offered for sale by PIN UP SECRET.

Price: designates the net price (excl. VAT) offered by PIN UP SECRET for the Product in question, to which additional costs, such as delivery costs, may be added.

Total price: the net Price to which delivery costs are added.

Site: designates the Internet site of PIN UP SECRET available on: www.pinup-secret.com.

PIN UP SECRET: designates the company B.H BEAUTE, SARL a single member liability company entered in the Company and Trade Register of Nanterre under No. 814 289 922, with its registered office located at 76 Allée Darius Milhaud – 75019 Paris.

User: designates any visitor to the site, whether a professional or private individual or client or otherwise of PIN UP SECRET.

2.       PURPOSE

The purpose of the present GCS is to define the rights and obligations of the Parties with respect to the sale of Products offered to the Purchaser by PIN UP SECRET.  

These will be notified to the Purchaser at the time of order confirmation and are freely accessible to any user of the Site.

They shall apply from the time they are put online on the site and are binding on the Purchaser at the time of approval.

They shall prevail over any other document, especially any general purchase conditions.  

The present GCS only relate to purchases made by the Purchasers located in a state of the United States of America (including Alaska and Hawaii but excluding Porto Rico and the Virgin Islands), Argentina, Bahamas, Bolivia, Brazil, Chili, China, Colombia, Hong Kong, Jersey, Japan, India, Italy, Costa Rica, Cuba, Bulgaria, Finland, Ireland, Netherlands, Mexico, Paraguay, Perou, Portugal, Spain, Switzerland, Australia, South Africa, UAE, Uruguay, Venezuela and are delivered to these territories exclusively.

PIN UP SECRET reserves the right to amend its GCS from time to time.

PIN UP SECRET will make the latest version of the GCS available to the Purchaser on the site and supply the latter with a copy if requested by the Purchaser.

3.       CLIENT’S ACCOUNT

Any Purchaser wishing to place an order on the Site must have an account.

To open an Account on the Site, the Purchaser must provide certain information (surname, first name, company, postal and e-mail addresses, telephone number etc.) and must choose a password.

The Purchaser will receive e-mail confirmation from PIN UP SECRET containing a summary and confirmation that the Account has been set up.

The Purchaser’s password is both confidential and personal and should be used under his sole responsibility.

Any action and/or connection and/or order made using this password is deemed to have been made by the Purchaser. If the Purchaser loses his password he must notify PIN UP SECRET immediately and undergo the password change procedure proposed on the Site.

4.       ORDER

4.1 Order made by the Purchaser

All orders must be made on Site by the Purchaser.

In order to place an order on the Site, the Purchaser will add the products he wishes to order to his basket.

By clicking on the ADD TO CART icon, a summary of his order together with the net prices (excl. VAT) of the Product being purchased will appear on the screen.

In order to place an order, the Purchaser will be asked to identify himself if he has not already done so or, if he does not yet have an Account, to create one. In the latter case, the Purchaser must indicate his postal details and telephone number in order to determine the delivery address.

Once he has been identified, the Purchaser must notify – if he has not already done so or if he wishes to make changes – his postal address and telephone number. He can then indicate the country and post code for his deliveries. It is pointed out that the Purchaser may indicate a delivery address that is different from the invoicing address.

The Purchaser will then be asked to consult the present GCS and to agree to them by ticking the box “I have read and agreed to the general conditions of sale”.

The order can only be issued on condition that the present GCS have been agreed to.

He will then select the method of payment and a summary of his order will appear on the screen.

The Purchaser must then proceed with paying for his order and click the confirmation icon to complete his order.

The "confirmation click", equates to an electronic signature.

This electronic signature has the same value between the parties as a handwritten signature.

Any confirmation click constitutes an irrevocable commitment by the Purchaser that cannot be challenged.

Once the order is confirmed, PIN UP SECRET will send the Purchaser an e-mail summarising his order.

The Purchaser will be given access to the history of his Orders via his Account and can, in particular, track processing (preparation, delivery etc.).

4.2 Change to the Order

The Purchaser has the option to change his Order prior to dispatch.

To do this, he must contact the PIN UP SECRET customer services by e-mail only at the following address: customerservice@pinup-secret.com, in order to notify them of his wish to change the Order.

If the Order is being prepared, he will have the option to change it. Once his Order has been changed, he will receive an e-mail from PIN UP SECRET summarising the changed Order.

Should the total of the changed Order be less than that of the initial Order, PIN UP SECRET will reimburse the difference to the Purchaser within a period of fourteen (14) days following the change to the Order.

Where the total of the changed Order is greater than that of the initial Order, the Purchaser must proceed with settling the difference under the same conditions as provided for in the initial Order.

The change to the Order will give rise to a confirmation e-mail sent by PIN UP SECRET and sent to the e-mail address indicated by the Purchaser at the time of confirmation of the changed Order.

4.3 Refusal to accept the Order

PIN UP SECRET reserves the right to refuse any Order in the following cases:

-        Exceeding the order ceilings indicated;

-        Ongoing dispute with the Purchaser;

-        Total or partial non-payment of a previous Order by the Purchaser;

-        Refusal to authorise payment by banker’s card by the paying institutions;

-        Abnormal nature of the Order, especially where unusual amounts and/or quantities are  involved for a final consumer.

5.       PRODUCTS

5.1 Product information

The information featuring in the catalogues and various electronic supports (electronic documentation, interactive catalogue, Site, newsletter, management reports, leaflets and advertising documents) is as true and faithful as possible but is provided for information only and can be changed at any time, without notice.

The photographs illustrating the Products on the Site do not come within the scope of the contract. Under no circumstances can the liability of PIN UP SECRET be invoked if errors or changes, resulting from the processing of said photographs, are made.

5.2 Product availability

The Products are offered on the Site up to the levels of stock available.

If a Product ordered by the Purchaser is not available, PIN UP SECRET will notify the Purchaser of this as quickly as possible and indicate, if possible, the date on which the product will be available again. The Purchaser will then have the option to be repaid for the unavailable Product, amend his Order or, if a lead-time has been notified, wait for the Product to become available again.

It is pointed out that if the Order is cancelled with respect to the Product concerned, the Purchaser will be reimbursed with the value of said Product by PIN UP SECRET.

6.       PRICE AND INVOICING

The prices quoted in US Dollars, unless otherwise specified, are net prices (excl. VAT), prices quoted in Euros include 20% VAT. Orders made in US Dollars but within the European Community are nevertheless quoted including the VAT.

PIN UP SECRET can change the prices at any time.

The price guaranteed to the Purchaser is the one indicated on the Site at the time the order is placed.

The prices indicated do not include delivery charges, which will be charged extra and indicated in the Order confirmation and invoice sent to the Purchaser.

They also do not include any other costs (presentation packs etc.).

For orders with a value of more than or equal to 100 (hundred) US Dollars net, consignments to the United States (including Alaska), Argentina, Bahamas, Bolivia, Brazil, Chili, China, Colombia, Hong Kong, Jersey, Japan, India, Italy, Costa Rica, Cuba, Bulgaria, Finland, Ireland, Netherlands, Mexico, Paraguay, Perou, Portugal, Spain, Switzerland, Australia, South Africa, UAE, Uruguay, Venezuela are shipped free port.

The Purchaser undertakes to pay the price laid down for the Product ordered from the Site as well as any supplementary costs (transport) and to settle or have settled, where appropriate, directly with the forwarding company or shipper – the customs duties, sales tax or any other taxes payable at the time of importing the Product into the state of delivery.

Once the order has been confirmed, PIN UP SECRET will make the invoice relating to his order freely available to the Purchaser on his Account.

It is specified that where delivery takes place outside metropolitan France, an e-mail with the invoice will be sent to the Purchaser at the time of delivery of his Order.

7.       PAYMENT METHODS

As payment must be made with order, placing an order implies a cash payment by the Purchaser.

Payments will be made exclusively on line using a banker’s card (credit card or debit card) and a secure system using the SSL (Secure Socket Layer) protocol, in such a way that the data transmitted is software encrypted and that no third party can gain knowledge of this during transmission on the network.

Payment of the order cannot, under any circumstances, give rise to any compensation of any sum payable by PIN UP SECRET to the Purchaser.

The banker’s card will be debited following confirmation of the order. It is specified that in the event of part delivery of the order, the total order will be debited in full at the time of confirmation.

8.       DELIVERY

8.1 Delivery times

The delivery times will be indicated to the Purchaser at the time of Order.

They will be counted in working days from the date the Order has been confirmed, provided the Order address has been correctly indicated.

•   United States (including Alaska and Hawaii, excluding Porto Rico and the Virgin Islands)
•   Argentina, Bahamas, Bolivia, Brazil, Chili, China, Colombia, Hong Kong, Jersey, Japan, India, Italy, Costa Rica, Cuba, Bulgaria, Finland, Ireland,     Netherlands, Mexico, Paraguay, Perou, Portugal, Spain, Switzerland, Australia, South Africa, UAE, Uruguay, Venezuela.

Postal delivery: 10 to 12 working days.

8.2 Methods of delivery

Delivery includes transfer to the Purchaser of physical possession or inspection of the Product.

The Products ordered will be delivered to the address indicated by the Purchaser at the time of ordering. The Purchaser must check that all is correct.

Any packaging returned to PIN UP SECRET because of an incorrect or incomplete delivery address or where the Purchaser has failed to remove his Order from the collection point indicated, within the time allocated to him, will be re-dispatched at the expense of the Purchaser. It is pointed out that the redelivery costs will be notified to the Purchaser by PIN UP SECRET and may differ from the initial delivery costs where the Purchaser was able to benefit from a reduction.

The delivery costs will be borne by the Purchaser and notified to him at the time of the choice of delivery of his order.

Except for cases of force majeure or during the shut-down periods clearly announced by PIN UP SECRET, the Products will be dispatched within seven (7) days following the date of recording of the order, as indicated in the summary e-mail of the order sent to the Purchaser.

The risk of loss or damage will be transferred to the Purchaser from the time the goods are handed over to the forwarding agent.

The Purchaser may terminate the sales contract with PIN UP SECRET if the seven (7) day period is exceeded or, failing that, after thirty (30) days following conclusion of the order, if, following a written request from the Purchaser sent by e-mail to PIN UP SECRET on customerservice@pinup-secret.com the latter has failed to deliver the Product within a reasonable additional period.

The Purchaser may immediately cancel the contract if PIN UP SECRET refused to deliver the goods or if it failed to execute its obligation to deliver the goods within a reasonable additional period and where the date or period indicated constitutes an essential condition of the contract, which had been notified to PIN UP SECRET at the time of order.

In the event of termination of the contract, PIN UP SECRET will reimburse the Purchaser for the undelivered Products within fourteen (14) days following the date of cancellation of said contract.

It will be up to the Purchaser to check the Products delivered, especially the quantity, quality, weight, dimensions, contents, compliance and condition of the Product. If he discovers defects, he must indicate to the delivering party at the time of delivery, handwritten reservations giving details and the date and a description of the defects. These reservations must also be addressed to PIN UP SECRET within seventy two (72) hours by e-mail to : customerservice@pinup-secret.com indicating the order number and accompanied by photographs showing the defects discovered.

The delivery will be deemed compliant unless reservations are issued under these conditions.

The Purchaser must keep the packaging and delivery slip for the Product delivered. Should there be a fault with the Product the Purchaser may return the Product in question according to the methods and conditions described in Article 13.

9.       RESERVATION OF OWNERSHIP

The transfer of ownership of the Product will only take place following full payment of the price.

In the case of a default or delay in payment, PIN UP SECRET reserves the right to claim the return of the Product delivered.

The Purchaser undertakes to return the Product delivered and not paid for at his expense at the first request of PIN UP SECRET.

 
  10.  GUARANTEES

10.1 Commercial guarantee

The products are guaranteed to be marketed as they are.

10.2 Statutory compliance guarantee

PIN UP SECRET also acts as a guarantor vis-à-vis the Purchaser for the compliance of the Products, allowing him to lodge a claim under the statutory compliance guarantee.

The Purchaser will have a period of one (1) year from the time of Product delivery to lodge his claim under the statutory compliance guarantee. He must send this claim in writing, by registered mail with acknowledgement of receipt to PIN UP SECRET, at the following address:

PIN UP SECRET

76 Allée Darius Milhaud

75019 Paris

FRANCE

The Purchaser may opt for the repair or replacement of the goods.  

1.   LACK OF PRODUCT SAFETY

In the event of damage caused by a safety defect in the Product, the Purchaser must claim liability from the identifiable manufacturer based on the information featuring on the product pack.

2.   SUSPENSION – RESOLUTION.

If the Purchaser fails to comply with any one of his obligations, in particular fails to make full or partial payment on the due date, PIN UP SECRET reserves the right, without prior notice, to:

-          Suspend delivery of the Product by virtue of the order placed or being executed and/or suspend execution of its obligations, without compensation and without prejudice to exercising any possible rights of recourse.

-        Terminate all agreements concluded with the latter within a reasonable period, without the Purchaser receiving any payment from PIN UP SECRET, which may request the return of the goods, especially through the court.

In all cases indicated above, should PIN UP SECRET decide against cancelling agreements, then all PIN UP SECRET receivables outstanding will become due for immediate payment and the Purchaser will also be immediately obliged to return the goods not yet paid for. The fact that PIN UP SECRET did not make use of a contractual shortfall by the Purchaser does not mean that it will not avail itself of this in the future.

3.   RIGHT OF WITHDRAWAL

The Purchaser may return the delivered Product within a period of fourteen (14) days from the time of delivery and request repayment from PIN UP SECRET, it being specified that the cost of returns will be borne by the Purchaser.

The additional dispatch fees of the returned Product, where the Purchaser has opted for a more expensive form of delivery than that proposed by PIN UP SECRET or a cheaper form of delivery than that proposed by PIN UP SECRET, remain at the expense of the Purchaser.

Repayment will be made within fourteen (14) days following receipt of the returned Product, according to the initial method of payment stipulated in the order.

In order to exercise his right of withdrawal, the Purchaser must send an e-mail to PIN UP SECRET on customerservice@pinup-secret.com,. PIN UP SECRET will then send him the instructions for returning the Product.

All Products must be returned in their original condition: new, together with the operating instructions and original packaging, in a condition allowing resale, and this unequivocally.

It is pointed out in this respect that in the event of withdrawal, the Purchaser may be held liable for having used the Product and for its depreciation as a result of handling other than that required to establish the nature, characteristics and proper functioning of said Product. It should be specified that according to the European Commission, such handling operations are what a consumer could have carried out in a shop on those goods offered for sale.

4.   LIABILITY

All the Products offered by PIN UP SECRET must be used in accordance with the operating instructions and by adopting all the necessary precautions.

The Purchaser will be liable for the choice of Product he decides to order. Consequently, under no circumstances will PIN UP SECRET assume any liability if the Product fails to meet its intended use.

PIN UP SECRET will not be held liable for any damage or loss, whether direct or indirect, material or immaterial as a result of using a Product in a way that is not compliant with the operating instructions.

Apart from those cases indicated above, PIN UP SECRET cannot be held liable if PIN UP SECRET demonstrates that non-execution or incorrect execution of the general conditions of sale or of the order, is attributable either to the Purchaser or to an unforeseen and insurmountable event of a third party involved in the contract.

5.   FORCE MAJEURE

Any event or circumstances beyond the control of the parties that prevent execution of their obligations under normal conditions, will be deemed to be events that exonerate the parties from their obligations and will lead to such obligations being suspended.

The party invoking the circumstances indicated above must immediately alert the other party of their onset and also of their disappearance.

Cases of force majeure are those normally upheld by case law, i.e. unforeseen and unstoppable events that are beyond the control of the parties, that cannot be anticipated and be reasonably protected against, and where the parties were unable to mitigate the consequences  without incurring costs, which are disproportionate to the financial benefits.

Expressly considered as cases of force majeure, fortuitous events or Acts of God are:

-        Wars, revolutions, riots and strikes;

-        Blocking the means of transport or supply, shutdown of the telecommunications networks or external difficulties inherent in the telecommunications network affecting the Purchasers;

-        Natural disasters, in particular the following, without this list being exhaustive: earthquakes, fire, storms, floods, hurricanes, tsunamis and lightning strikes.

The parties will meet to examine the impact of the event and agree on the conditions under which execution of the contract can continue. If the event of force majeure lasts for more than three months, the present GCS may be terminated by the prejudiced party.

6.   INTELLECTUAL PROPERTY

The contents of the Site and all the items comprising it, in particular in the form of text, photographs, images, icons, sound, videos, software, databases or data, are the property of PIN UP SECRET and are protected by international and French regulations governing intellectual property.

Consequently, any reproduction, representation, modification, transmission, publication, adaptation or use of the items for which PIN UP SECRET has intellectual property rights, irrespective of medium and method used, which are carried out without the prior and written authorisation of PIN UP SECRET, is strictly prohibited.

Inconsequential reproduction or representation of items for which PIN UP SECRET has intellectual property rights will be authorised strictly for private and non-commercial purposes.

The authorised reproduction of items for which PIN UP SECRET holds intellectual property rights, must clearly indicate the source and name of the author of the reproduced content.

PIN UP SECRET reserves the right to take out legal, civil and criminal proceedings in France and abroad, especially where any party directly or indirectly violates its rights following infringement.

7.   PERSONAL DATA

During order processing, the Purchaser may be requested to provide personal data.

PIN UP SECRET undertakes to respect the information provided by the Purchaser under the conditions provided in the Policy governing confidentiality and personal data available on: [link to the Policy governing confidentiality and personal data]

8.   MEDIATION

In the event of a dispute, the Purchaser must, as a priority, send an e-mail to the Customer Services department of PIN UP SECRET at: customerservice@pinup-secret.com.  PIN UP SECRET undertakes to reply to this e-mail within four (4) to five (5) working days from the time of receipt.

If the claim is rejected by customer services or if the latter fail to reply within a period of two months, the Purchaser may submit the dispute relating to the order or these GCS, which bind PIN UP SECRET to a Mediator of the Professional Federation of E-commerce and Remote Sales, which will attempt to reconcile the parties quite independently and impartially, in order to reach an amicable solution.

The Purchaser can contact the above mediator either by e-mail on: mediateurduecommerce@fevad.com, or at the following postal address:

Service du Médiateur du e-commerce de la FEVAD,

60 rue la Boétie

75008 Paris

In order to submit his request for mediation, the Purchaser must use the claim form available on the mediator’s site.

The contracting parties are free to agree or reject recourse to mediation and, if mediation has been decided upon, to agree or reject the solution proposed by the mediator.

9.   PARTIAL NON VALIDITY

If one or more stipulations of the present GCS are declared null and void by virtue of a law, regulation or following a final judgement of a competent court, these will be deemed unwritten, without this leading to the nullity of the other GCS which are binding on PIN UP SECRET and the Purchaser.

If necessary, PIN UP SECRET and the Purchaser undertake to negotiate in good faith the provisions required to replace the void or invalid stipulations, for whatever reason.

1.   NON-RENUNCIATION

The fact that one of the parties did not itself make use of a shortfall by the other party in meeting any one of the obligations indicated in the present GCS, will not be interpreted in future as being a renunciation of the obligation in question.

The fact that one party failed to demand the application of a particular provision of the present general conditions of sale or to put up with the non-execution on a temporary or permanent basis, cannot, under any circumstances, be interpreted as a renunciation by this party to exercise its rights under the present GCS.

The fact that a party put up with a non-execution or incorrect execution of a contractual obligation, as indicated in the present GCS, or more generally tolerated any deed, abstention or omission by the other party in contravention of the contract conditions, does not confer any right whatsoever on the party benefiting from said tolerance.

1.   HEADINGS

The headings and sub-headings featuring in the present GCS are given for pure convenience. By express agreement between PIN UP SECRET and the Purchaser, these headings and sub-headings cannot be used to interpret any provision of the present GCS. In the event of contradiction between any one of the article headings or any one of the stipulations, the headings will be declared as non-existent.

2.   APPLICABLE LAW

The present GCS and the order are fully governed by the law of the State of New York.

Any dispute relating to the conclusion, interpretation, execution or termination of the present general conditions of sale will be the subject of an amicable agreement.

Any dispute that arises between the parties relating to the conclusion, interpretation or execution of the present general conditions of sale, will be exclusively settled by the French courts.

The present GCS will be drawn up in English. Where these have been translated into one or more foreign languages and in the event of dispute, then only the English text will prevail between the parties.